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HomeMy WebLinkAbout1967397 SELECTMEN'S MEETING January 3, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 3, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Sheldon were present. Mr. Legro, Town Counsel, Mr. Carroll, Super- intendent of Public Works, Mr. Gray, Executive Assistant, and the Acting Clerk were also present. Hearing was declared open upon the application of the Boston Edison Company and the New England Telephone and Telegraph Company for the installation of one pole on Westview Street. Notices of the hearing were mailed to the peti- tioners, owners of property as listed on the petitioners' plan and also filed with the Superintendent of Public Pole Works. location Mr. Pratt, representing the Boston Edison Company, was the only person present at the meeting. He stated the petition was for the relocation of a pole at a new building on Westview Street, Weston Rotek. No one was present in favor or opposition, and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following JO pole location: Westview Street, southeasterly side, approximately_ 1,235 feet southwest of Bedford Street, -- One (1) pole. (One existing JO pole to be removed.) At the request of the Town Clerk, Miss Mary R. McDonough, two jurors were drawn, as follows: Norman Jurors E. Buzzell, 21 Ledgelawn Avenue, and John E. Roberts, 53 Munroe Road. Mr. Gray reported that Mrs. Morey had been in to see him with regard to obtaining permission for the Historical Society to locate the case for the Artifacts in the lobbey of the Public Facilities Building. She Artifacts 398 reported they now have a case 6 feet x 40 inches high, with three shelves, and the Society will assume all the responsibility for it. Mr. Sheldon asked if her request covered temporary or permanent use of the space. Mr. Gray replied he did not think it was on a permanent basis. Mr. Sheldon asked how long it would be there, and Mr. Cataldo replied Mrs. Morey stated she would have it moved at the request of the Board, and he could see no harm in having it there on a temporary basis. Upon motion duly made and seconded, it was voted to give permission to the Historical Society to locate the case in the lobbey of the Visitors' Center Building on a temporary basis, the case to be removed at the request of the Board of Selectmen. Mr. Gray reported some time ago, the Board voted to sell lots on Grassland Street to Peter Sowkow, Valleyfield Street. Mr. Sowkow has to move the houses, and has requested permission to move the house onto the lot before final papers are passed. Mr. Gray said he Grassland had received a letter from Mr. Sowkow's attorney re Street lot questing this permission, stating that the Town will be released from all responsibility for damage to the house before title is passed. Mr. Legro felt the Board of Selectmen couldn't do this, and asked how long it would be before it was con- summated. Mr. Cataldo asked what was holding this up, and Mr. Carroll stated one of the conditions was the plan of the easement. Mr. Sheldon stated he does own a lot next to the Town's, and if he gets permission from the Building In- spector he could put it there. The Chairman said there was not much the Board could do at this point, and Mr. Gray saidhe would talk to Mr. Sowkow again and get the plan. Mr. Gray reported receipt of a letter from the Minute -man Publications, which he read to the Board, . Addresso- relative to the addressograph plates of the Town's graph voting list, which he stated would not be handled by plates them when they get into their new building. Mr. Sheldon stated someone has to provide that service. 1 39.9 Mr. Gray said he had a call from the Lexington Press, Gardiner Maxey, stating he would purchase the plates and carry on the addressing of material for the Town. Mr. Sheldon asked about the price, and said the service would have to be available to the Town at a reasonable price, and asked would Lexington Press continue at the same rate. Mr. Cataldo stated if the Town goes to data pro- cessing, it will have no use for them, and Mr. Gray said Mr. Perry stated there is nothing firm at this. time. Mr. Mabee suggested holding this up until the Board gets more information, and Mr. Sheldon agreed. Mr. Carroll said last week the Board approved a request for a transfer of $7500 for Personal Services. Since then, they have done figuring and the figure is $6,199.99. He stated he had talked to Mr. Perry and Transfers he is calling the Appropriation Committee and getting its approval. He said he would talk with him again. About the other figure he requested, he stated they would not have to have the transfer if there is enough money in the Reserve Fund, that they would not have the figures until tomorrow night. Mr. Legro said this required the approval of the Director of Accounts. Mr. Gray replied if it does not exceed the Reserve Fund, it will be all right. The Chairman read a letter from Harold L. Brehm, D.B.S., relative to snow removal on Wallis Court. Mr. Carroll stated it is a policy decision of the Snow Board, and stated he estimated it would cost roughly removal about $120 to remove the snow from Wallis Court. Mr. Cataldo asked if the Town picked up snow from Muzzey Street, and Mr. Carroll replied it is picked up on all the business areas. Mr. Sheldon asked if Wallis Court was basically commercial, and Mr. Carroll replied a great portion of it is with the new building in the middle, the Barrett Press. Mr. Carroll felt it is a reasonable request to pick it tp. Upon motion duly made and seconded, it was voted to grant Dr. Brehm's request to pick up snow on Wallis Court. 400 The Chairman referred to the letter from C. F. Mistretta, District Highway Engineer, relative to the removal of the tree on Massachusetts Avenue. He stated Federal Aid this had cost the Town $50,000 for not removing the tree, Mats. Ave. and asked Mr. Carroll if he was not correct. Mr. Carroll stated Mistretta had recommended to the Chief Engineer that the Town not get Federal Aid until the tree was removed. W. Sheldon felt the Board should wait until it hears from Mr. Horgan. It was the consensus of the Board that before any decision is made, a letter should be received from the Park Commission. Letter from the Lexington Junior Chamber of Com- merce relative to the annual presentation of the Distinguished Service Award to an outstanding youngman Distingu- of 1966, was read by the Chairman. ished The Chairman advised that this letter would be on Service file for any member of the Board to consider. Award Upon motion duly made and seconded, it was voted to approve the following Common Victualler licenses, Licenses all having been approved by the Board of Health: Anthony's Restaurant Colonial Coffee House Geo. H. Reed & Son, Inc. Bakeri, Inc. Common Victualler Renewal 11 II II II 11 II 11 !t 11 At 8:00 P.M., a hearing was scheduled for the Battle Green Motel Liquor License. The Chairman read the appli- cation and stated this motel qualified under the Act passed by the Legislature. He stated proponents would be allowed to speak, then opponents, after which any questions would be answered. The Board will then take the matter under advisement. Anyone wishing -to speak would please identify themselves for the record. Mr. Hugh Mulligan, Attorney, 281 Massachusetts Avenue, Arlington, Stated he represented theowners of the Inn. He said the Battle Green Inn is located in the heart of Lexington and is One of two motels which would qualify. The motel is described in the application filed with the Board of Selectmen, and he described the building. He said they were asking permission to serve all kinds of liquor seven days a week, with room service. It proposes food to be served on a room service basis as in any hotel. W n 1 40i_ He said the changes that would be required are minimal to accommodate service of liquor. A small service bar will be installed in the main dining room and a small divider, and basically that is all that will be required in regard to physical changes. He said the Battle Green Inn license is a matter of the Board's good will toward them. They intend to increase the quality of the good, and hope to -- make make the Inn a substantial part of the community and a satisfactory place for the service of transients. He stated Lexington has been an attraction for tourists and the intention is that the Inn can serve the people who come to Lexington. The obtaining of the license would assist in promoting the service of the Inn in general. The restaurant business is difficult, and the profit margin that liquor can add to the restaurant business is to be desired. He said his clients ask the Board to approve the license. He stated they have not seen fit to make a coverage of the neighborhood, as they feel first of all, all the vote of the Town speaks for itself. However, they have spoken to Mr. Spencer who owns the funeral home and he has no personal objection. He said if there were any questions, he would be glad to answer them. The Chairman asked if notices were sent to the abutters and asked if he would file them with the Board, and Mr. Mullggan gave him the receipts. The Chairman asked if any member of the Board had any question at this time. Mr. Cataldo asked what the hours would be that they would serve, and Mr. Mulligan replied, basically, they plan to serve as long as the kitchen is open; they would close when there was no more business. Under the statute, the time limit is 1:00 A.M., and 12:00 midnight on Saturdays. They intend to keep the dining room open as long as there is public to accommodate during those hours, subject to the Board's approval. Mr. Mabee asked how they planned to serve liquor to the transients in the rooms, and Mr. Mulligan replied generally they ask for a liquor room service. At present, beverages with food will be served in the rooms, and they will be guided by the Board's feeling in the matter. He said he thought this was generally the type of thing done in a hotel and stated room service does not comprise a substantial part of the business. He said there is no real discrimination, and it means around this area a hotel with parking. He said he thought the wording of the statute seems to contemplate residents of the Town can 402 vote to grant a liquor license to something that would have the substantial aspect of a hotel, a hostelry with rooms and a dining room of so many persons. It was merely that food would be served every time liquor was served, and he felt there was not much difference between motels and hotels. The Chairman asked if there were any other proponents, and stated this part of the hearing would be closed. He then asked if there wasanyone in opposition. Mrl Ralph DiNunzio stated what the motel would desire in relation to the license is an unfair advantage over the other dining rooms in the area. He said the motel people close the dining room at 9 P.M. Now it will be open until 1:00 A.M. He said he thought other eating places should be given the same rights. The Chairman explained the questions on the ballot and stated that the voters did not have the right to vote for anything else, other than taverns, and they could have voted for taverns. Mr. Abraham Wise, 30 Waltham Street, an Optometrist, stated he has his office in the area. He questioned the entrance on Waltham Street, and stated no one can go in from Waltham Street. He also wondered about the procedure of the door, and stated his office is right next to the door, that there are no signs on his door, and he would hesitate to have people coming in for a drink. He stated he had no objection to the door or to the motels serving liquor, but he was concerned about the door itself, and what hours they will have with the service of liquor. Mr. Mulligan stated he appreciated the Doctor's pipoblem, and said with regard to the door on Waltham 6treetry, that is' etrictlyna fireoexit; 'jt -has the aspect of a door, and he would take caution to specify it as such, that it will not be an entrance. He stated as far as the opening hours, the statute refers to 11:00 A.M., but the owners have no strong feelings as to that hour, they would have cocktails with luncheon. The Chairman stated they are applying strictly to statute. He stated if there were no more in opposition, this part of the hearing would be closed. Mr. James Storer, Pleasant Street, stated he thought the question is a matter of concern to this Board. It was in the province of the legislature to specify the questions on the ballot and the voters to find out an affirmative vote. He did not feel they could argue on competition and what is fair and unfair, and any problem on which there is a question, the Board has to draw the 1 403 line somewhere and the voters have decided in this case. The Selectmen should have the right to hear the motels; it should not affect the application of those who qualify. He said there may be some problems and there are many people who would like to have a license, but the fact remains they have no license. He felt it was beyond the province of this Board to decide a question like this, that it had been left to the voters to decide. The Chairman asked if there were any further questions, and declared the hearing closed. He stated a decision would be rendered in the near future. Mr. Mulligan retired. Mr. Alfred P. Tropeano met with the Board and stated he wished to supplement remarks with regard to Hartwell Avenue, sewer and water installation. He stated he did not know until today, when Mr. York informed him, that the warrant closed tonight. He stated Roberts Brothers re- presents Itek, and said he talked with them on the 'phone. He stated they have suspended work until water and sewer would go in, and said Mr. Roberts did state as soon as they are assured, an arrangement with Itek can be consummated. He said the other prospect is from Instru- mentation Lab, Inc. They are working on plans made with the Planning Board, and if voted in the March Town Meeting, within two months after the vote, they will be willing to accept title and proceed with construction after the Town has voted the contract for installation. This would be a 64,000 square foot building, completely erected within two years. There would be two buildings, both completed within five years, 200,000 square feet of building on this parcel of land, subject to the Town voting the utilities. He said the building must be completed by 1968, and would like an Hartwell article to be inserted in the warrant. Avenue Mr. Cataldo asked if this would be considered as a special article and asked if Mr. Carroll had a plan of where the buildings will be located. He asked Mr. Tropeano if Mr. Carroll could have a plan of the land and where the buildings would be located. Mr. Tropeano stated they have talked with the Plan- ning Board, and Mr. Cataldo said the plan could be rough, just as long as the Board knew what parcel. Mr. Sheldon stated before Mr. Tropeano goes to the Appropriation Committee, there should be a decision on what is to be adopted, that he should go with the final determination. Mr. Tropeano said they also had a project to connect the lower side of Hartwell Avenue, but this Instrumentation 404 Lab was the only firm one. He gave the name of'McCall, Liggett and Warner. Mtr Sheldon stated he felt the Board needs this information and cost figures from Mr. Carroll, and Mr. Carroll said he had something in his budget. Mr. Tropeano asked to have something in the warrant so he could assure Instrumentation Lab. Mr. Cataldo stated the Board will insert the article, but he did not know whether the Board would support it or not. Mr. Tropeano said he would have to the Appropriation Committee. Mr. Cataldo moved that articles warrant to cover this, and it was so much more to give be inserted in the voted. Upon motion duly mad& and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion with Mr. Grush, Chairman of the Board of Assessors, it was voted to resume the open meeting. New Amsterdam property The Chairman read a letter from the Conservation Commission, together with enclosures, relative to the New Amsterdam property. Mr. Legro stated he thought it was quite fair, subject to what the Board of Selectmen wanted to do about it. The situation is not in the state until the decision is made by the Board. The Chairman read both enclosures, letter to Mr. Samuel Cohen and his reply to the Conservation Commission. He stated the Conservation is interested in purchasing land upon which options have expired, and stated it is the Board's decision whether it wants to purchase the land. Mr. Sheldon stated a new article should be inserted and a new option obtained, that he was in favor of that procedure. The Chairman asked is the Board going to make a decision to exercise the option that does not exist. Mr. Mabee asked if the attorney' had been contacted. Mr. Sheldon stated he thought Town Meeting voted to acquire this land, that it was the sense of the Town Meeting to buy it, and he felt it was the Board's duty to do it; that an option should be obtained. Mr. Mabee agreed and suggested that Mr. Gray get the option. 1 1 1 1 405 The Chairman said he did believe the intent of Town Meeting was to acquire this land, and an article could be put in for whatever amount is necessary to consummate. Mr. Sheldon said he felt it should besuggested to put an article in and have them secure an option. Mr. Cataldo asked what is to prevent the Board from getting an appraisal and making a taking, that he could not see going beyond the price. Mr. Legro stated he thought the article included taking by eminent domain. Mr. Sheldon said it was bought under Conservation. Mr. Cataldo stated he could not see spending any more money, that he could not see going beyond the price. Mr. Sheldon moved the article be inserted, and it Appraisal was so voted. Mr. Sheldon said the Board wants another appraisal, and he would say to get another, and Mr. Cataldo said to get another appraisal through Town Counsel, and it was voted to get another appraisal through Town Counsel. The Chairman read a letter from the Conservation Commission relative to a small parcel of land on Grove Street. Upon motion duly made and seconded, it was voted Article to insert an article in the warrant to acquire this parcel. The Chairman read a letter from the Conservation Commission relative to its Expense budget and the West Farm fence. Mr*._Sheldon made a motion that their appropriation be increased to $1500, Mr. Cataldo suggested taking it up at budget time. The Chairman said the Board could either put an article in the warrant or increase the budget. Mr. Sheldon suggested increasing Mr. Carroll's budget in the necessary amount; to add it to the Park Department budget. The Chairman referred to the letter from Mr. Burrell, Civil Defense Director, enclosing the report relative to Natural Disaster Emergency Operating Center, held over from the last meeting. He said he presumed the Board had read the report, as copies had been sent to each member. He said the Board should make a policy decision. Mr. Burnell said the Board had already done this. 406 The Chairman stated as far as organization is con- cerned, the Board has to make all appointments,and'said Mr. Burrell's recommendation was the Wire Inspector. ,He said he felt Mr. Carroll's Department should bethe one to handle it, as he is dealing with the electric, gas and telephone companies, someone in his department to be the coordinator. Mr. Carroll felt someone in his department might not have the knowledge. Mr. Sheldon thought this matter should be discussed with Mr. Burrell, that it had merit, and he suggested that Mr. Gray talk with Mr. Burrell. Mr. Gray felt it should be discussed with the Chief of Police, Fire and Mr. Burrell, and get this matter straightened out and have it clarified; what is considered an emergency, attend meetings, etc. The Chairman referred to the Subdivision Regulations, submitted by the Planning Board and held over from the last meeting. The items were discussed separately. Mr. Cataldo asked, with regard to a., how much would this cost the Town, and Mr. Carroll replied he would have to bring in the information next week, but it would cost the Town money, that the Town does not pay for the poles at the present time; that the subdivider does the under- ground work. Mr. Sheldon stated the Town would ;still have to bear this expense. With regard to b., 42 feet diameter grass islands in the center of turnaround circles, Mr. Cataldo asked what condition they were in, and Mr. Carroll said the Town just seeds them. The Chairman said there was the problem of snow plow- ing and maintenance of it. Mr. Sheldon felt the Board could get all the facts but the Planning Board would do what they wanted to do. Mr. Cataldo felt the Board should be recorded. Mr. Sheldon thought it was a good idea and would go along with the problem of maintenance. Mr. Cataldo asked how much pressure would be brought on these that are going now, and Mr. Carroll replied it was difficult to say what this is going to cost but it certainly would add some amount of labor to his budget, that it would add thousands of dollars. Mr. Sheldon stated it is the sense of this Board that it has no objection but wished to point out the additional cost and requirements for maintenance which 1 1 will develop in the forthcoming years. It was so voted, Mr. Cataldo and the Chairman wished to be recorded in opposition. Mr. Mabee stated, with regard to c., he could recall the Planning Board turning down the development of industrial property, but said he would like to support this even though it costs the Town money. Mr. Carroll asked why the same result couldn't be accomplished by putting in a 44 -foot road, with planting on either side. Mr. Cataldo asked why it couldn't be land strip without grass strips, with a ground cover. Mr. Carroll wondered how this could be accomplished, and stated it would have to be maintained. Mr. Cataldo asked why it couldn't be planted with any type of evergreens. Mr. Sheldon suggested to go along with planting in the center strip, planting alongside. The Chairman referred to the letter from the Planning Board relative to Zoning,changes, held over from the last meeting of the Board, and asked for an opinion from the Special Board. Town It was the consensus of the Board that the Special Meeting Town Meeting was a good idea, and suggested informing the Planning Board that this Board will be more specific as to the date, but it would be no earlier than June 5, and it would be willing to try it on a one year basis. The Chairman read a letter from Mr. Alfred L. Viano, Chairman of the Lexington School Committee, submitting two articles to be inserted in the 1967 Town Meeting. Upon motion duly made and seconded, it was voted to insert the two articles as requested in the letter from the School Committee. Articles Upon motion duly made and seconded, it was voted not to insert the Structure of Town Government Com- Article mittee's article relative to a permanent building committee in the warrant for the March Town Meeting. Upon motion duly made and seconded, it was voted to insert an article to amend the General By -Laws. Article 408 Mr. Francis McNamara, Joseph Road, who was present at the meeting when the list of articles was discussed, stated that he was concerned that there was no article Article - pertaining to the Adams School P.T.A. fence. Adams Mr. Mabee suggested that the warrant be left open School for another week, and if an article is brought in for fence this fence, it will be accepted. The Chairman stated the Board set a deadline which applies to all major Town Boards, and he did not think it would be fair to them or other citizens' groups to allow a little latitude in one particular case. Mr. Mabee moved to hold the warrant open specifically for this one article, Mr. McNamara being here in person, relating to the fence for the Adams School, and it was so voted. Mr. Cataldo was recorded in opposition. Widows' Reference was made to an article establishing pension pensions to widows of Town employees who are not in the article Contributory Retirement System. An article will be inserted to cover this item. Mr. Cataldo stated, as the Board knew, the Town had been a part of the Incinerator group, and isnot Inciner- to be accepted until January 11. He stated as the ator deadline is tonight on articles, two articles are Articles needed in the warrant: 1) To become part of the Planning District. 2) Appropriation Upon motion duly made and seconded, it was voted to reserve space in the warrant for two articles. Mr. Cataldo referred to Worthen Road, the access between Marrett Road and Pleasant Street, both ends Worthen are town -owned. He stated no matter what concept is Road accepted by the Town, the Town would have to design the two ends, and he felt some thought should be given to designing the two ends at this point so if a sub- divider canes in, it could be constructed this way. He said this has nothing to do with the connector. Mr. Sheldon asked how much was involved. Mr. Carroll submitted a plan which the Board dis- cussed. Mr. Sheldon stated the Town would have to build it in any case, and asked if it would serve any useful purpose, and Mr. Cataldo replied, access to the school. 1 409 Mr. Cataldo said if the Board wants to consider any preliminary design, it should go to Town Meeting with it. Mr. Legro retired at 10:45 P.M. Mr. Carroll said he would say $5,000 for doing pre- liminary design on both sections. Upon motion duly made and seconded,it was voted to go to Town Meeting. A Mr. Gould, Pleasant Street, present at the meeting, stated he would like to get a clarification on what this $5,000 would cover, just the extreme ends of the road, which is Town property, and there is no plan for a road at the present time. If there is no plan for the road, it does not make sense, and asked why the Town should have to go to the expense of doing engineering now. The Chairman explained the requirements of the Planning Board and stated Worthen Road was to be built without expense to the Town. Mr. Cataldo referred to Lexington Center, the Central Block. He said they had talked to the people of the Central Block and he stated it doesn't look as if anything would happen. He felt it should be found out what the situation is, what is going to happen and Article what they have in mind, and an article should be put in Central the warrant. Block Mr. Sheldon suggested reserving a space for the type of article needed; and if after the expiration, an article was inserted, it could be withdrawn. Mr. Gray stated he would like to remind the Board to insert an article for a traffic study for Hartwell Avenue, Bedford Street area, and the Chairman stated Article - also Massachusetts Avenue and Pleasant Street area. Traffic Upon motion duly made and seconded, it was voted Study to insert an article for a traffic study for Hartwell Avenue and Bedford Street area. The Chairman spoke of the Massachusetts Avenue and Pleasant Street area, and said he had talked to the Planning Board. He said this area would be changed, and asked who makes .this traffic study. Mr. Sheldon asked how much money is involved, and Mr. Carroll stated he was not sure, 128, Bedford Street, Wood Street, Hartwell Avenue, they were talking $5,000 or $6,000. He said if the Board is talking of an overall study of Emerson Road, it is pretty broad. Define the limits. 410 Mr. Carroll said, with respect to Worthen and Emerson Roads, $15,000, that he was just guessing. Upon motion duly made and seconded, it was voted to put it on the warrant, and the Board would consider it at budget time. Mr. Cataldo stated a good study should be made or it shouldn't be done. 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, might adversely affect the public security, the financial Executive interest of the Town or the reputation of any person. Session Following discussion with Mr. Carroll relative to an employee, acquisition of land with Mr. Gray, it was voted to resume the open meeting. The Chairman stated the Board had to make a decision with regard to item #2 on the agenda, Battle Green Motel liquor license. It was stated this is the first liquor license of its kind in Town, and felt the stricter the Board was, the better off it would be; that the bar should be open Battle only when the dining room is. Green Mr. Cataldo stated the hours should be. 11:00 A.M. Liquor to 11:00 PM. every night, no later than 11:00 P.M. and License they can serve until the dining room closes. It was the consensus of the Board that the fee should be $2500. Upon motion duly made and seconded, it was voted that the hours for the Motel would be 11:00 A.M. to 11:00 P.M. every night, no later than 11:00 P.M., except on Sunday the hours should be 1:00 P.M. to 11:00 P.M. Upon motion duly made and seconded, it was voted to adjourn at 11:35 P.M. A true record, Attest: 1 SELECTMEN'S MEETING January 7, 1967 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday, January 7, 1967, at 9:00 A.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, Mr. Higgins, Assistant Town Engineer, Mr. Colella, Assistant Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. The following action was taken on 1967 budgets sub- mitted for the Department of Public Works: Department Sewer Construction Sundry Streets Trunk Sewers Requested Approved $1,517,810 $302,360 685,500 1,000,000 (Sewers to be installed when needed and where Board decides. If the amount approved is not voted by Town Meeting, only Volunteer Way and Hartw1411 Avenue trunk sewers are to be constructed.) Drain Construction Street Construction Sundry Streets Street Construction Capital Outlay 01--Blossomcrest Road Philip Road Sidewalk Construction Curb Construction Chapter 90 Maintenance Chapter 90 Construction 50,400.00 339,500.00 65,000.00 58,000.00 5,000.00 4,500.00 60,000.00 18,400.00 147,750.00 tentative 20,000.00 30,000.00 51,000.00 5,000.00 4,500.00 60,000.00 412 . Mr. Robert Ericson, 46 Shade Street, met with the Board relative to his request for Grandview Avenue. The Chairman stated the Board had agreed to give Mr. Ericson an opportunity to meet with the Board when budgets were being considered for 1967. Mr. Ericson said he has been a small builder in Town for about fifteen years, building mostly speculative. About eleven years ago, he purchased five lots on Grand- view Avenue with the intent he would be able to build. Grandview Five years ago, he acquired two more lots and submitted Avenue a plan to the Planning Board. He explained the lots in question are not in one parcel - 105 & 106 - 112 & 110 and 111 - 113 - 33 & 34. He applied for a building permit to build on two lots, which he indicated on a plan, under the advise of Mr. Zaleski. He filed a plan but Mr. Irwin refused it. He went before the Board of Appeals and his petition was denied because the lots do not front on a street as defined in the Lexington Zoning By -Law. He stated before he did this, he had a technical agreement to run a water line down the street. The Health Depart- ment approved the land for a septic tank. When he went for a deed for the water rights, the man changed his mind. He petitioned the Town three years ago and he had eight signatures on the petition, seven of his own and one other gentleman. He said this land does not come under the subdivision control law because it was laid out in 1829 and he knew this when he purchased the property. He said the last petition has thirteen signatures on it. He owns seven lots so that is seven signatures, another individual owns one and another individual owns five. Mr. Cataldo pointed out that, between street, sewer and water this involves $37,000. Mr. Sheldon asked if Mr. Ericson would combine these lots and he said he tried to purchase land owned by the Town, but the Board would not sell it. Mr. Burnell asked if he would consider combining two fifty -foot lots into one hundred -foot lots. Mr. Ericson replied he could cut the three fifties in half and make two seventy-five foot lots. If he acquired the Town lots, he could have two one -hundred foot lots. He saidthe question he had would be the price of the land. Mr. Cataldo said the question is, how many people can be served for $38,000, and the main problem is whether the Board should recommend construction of this street. 1 413 Mr. Ericson said he would pay all betterments before the properties are sold. The Chairman said the Board would take the matter under advisement, and Mr. Ericson retired at 11:14 A.M. Mr. Sheldon said he thought there was an opportunity to make a transaction which would result in having accept- able building lots. Mr. Carroll suggested that the land be purchased by the Town for conservation purposes. The Board did not think this desirable. Upon motion duly made and seconded, it was voted to authorize Mr. Gray to contact' Mk. Ericson to discuss the subject further with him. Mr. Higgins, Assistant Town Engineer, said he would like the Board to consider a future request he would Higgins' like; to give him sabbatical leave for a year to go to sabbatical school for public management or public administration. leave He said he felt the Town would benefit by it, and that the Board could give this serious consideration. He said it takes more than an ordinary civil engineer to deal with the people in this Town. He said there are programs of collective bargaining and Federal aid and he would be better qualified to do a better job for the Town. He said, with reference to the program he has investigated, there are only four courses in the country which offer it and he has investigated two of them. They seem to think his education is adequate so he could get into a program, but he has not gone as far as applying. He mentioned the University of Maine, University of Rhode Island, University of Syracuse and New York University. Mr. Sheldon asked if there were any colleges in this area offering such a program, and Mr. Higgins replied in the negative. Mr. Cataldo said, after looking into it and thinking about it, the problems it will present to Mr. Carroll will be tremendous, as Mr. Higgins would be gone a year, and he asked who would replace Mr. Higgins. He asked if an Assistant Town Engineer would be hired for only one year and if there was anyone in the department now that could take over the job. He said a well qualified man would have to be hired, and asked what would happen to him at the expiration of one gear. If the Town makes an investment in Mr. Higgins, it would want him to return and the problem is what to do in the meantime. Mr. Higgins said this is something he would have to go over with Mr. Carroll, and he did not think he could be 414 Fee replaced easily. He said plenty of school teachers have had sabbatical leave and those left picked up the load. Mr. Cataldo said the Engineering Department is im- portant, and Mr. Carroll said he could not see bringing a man in from outside. He said there are two men in the department with abilities, Mr. Coscia and Mr. Adams. Mr. Coscia works on the outside and Mr. Adams inside. Mr. Cataldo said he would like to see this worked out. Mr. Sheldon suggested Mr. Carroll and Mr. Higgins get together and present a plan that is +satisfactory to Mr. Carroll so that he will know he can operate with reasonable efficiency. If Mr. Carroll says he can only go to a qualified replacement, that is another situation. Mr. Carroll said it would take a man six months to know what the problems are. Mr. Sheldon said Mr. Carroll should discuss this withMr. Higgins and make a recommendation to the Board. Mr. Cataldo said everyone should know and under- stand the problem and the Board will have to know what the Salary Committee recommends. There is also the guarantee that Mr. Higgins will come back. He said the tuition is not paid as far as he knew and the procedure to be followed will have to be exactly the same as that followed by the School Department. Mr. Burnell asked what the time agreement would be that Mr. Higgins would remain with the Town when he returns. Mr. Gray replied a three-year period. Mr. Higgins said the subject is being brought up now so if everything works out by next September, he could go then. Mr. Cataldo said as soon as Mr. Carroll made a re- commendation to the Board, it would not take long for the Board to make a decision. The Chairman said when the Board discussed the motel and hotel liquor licenses, it established a maximum fee of $2500. He said the maximum fee for Package Goods Stores is $1500 and it seemed both fees should be the same. Mr. Cataldo stated if the fee had.originally been established at $1500, he would not hesitate to change. No motion was made to reconsider the vote of the Board establishing the fee for motel and hotel liquor licenses. 1 415 Upon motion duly made and seconded, it was voted to establish the hours of Hotel and Motel Liquor Licenses as 11:00 A.M. until 11:00 P.M. on weekdays and as 1:00 P.M. Hours until 11:00 P.M. on Sundays. Upon motion duly made and seconded, it was voted to amend the vote of the Board requesting a transfer to Transfer the Snow Removal Account to read $16,850.00. Upon motion duly made and seconded, it was voted to hold a Special Meeting of the Board of Selectmen Meeting on Saturday, January 14, 1967, at 9:00 A.M. Upon motion duly made and seconded, it was voted to adjourn at 12:20 P.M. A true record, Attest: �eoti Cie t Sele n „en 41.6 SELECTMEN' S MEETING January 9, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 9, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Gray submitted a bill, received from Waltham Chemical Co. in the amount of $50 for termite control, Public Works Building, and reported that the com- Bill mittee had approved the bill for payment. approved Upon motion duly made and seconded, it was voted to authorize payment of the bill as submitted. Mr. Gray reported on bids received for the 1966 Annual Town Report and informed the Board that out of six invitations, only one bid was received and that was submitted by Spaulding -Moss. The bid was $1402.00 Town for 1500 copies; additional copies ordered at the same Report time, 100 complete books $30.00; 100 of part I only $25.55. More or less pages printed in multiples of 4 will be charged or credited at $4.80 per page. For each photo add $3.601 For each screened area add $5.00. For each halftone, line and screen combination add $15.00. Upon motion duly made and seconded, it was voted to order 9,000 copies of Part A and 700 copies of Part A & B; total cost $4,983.00. Mr. Gray reported he received a telephone call from a Mr. Wilson in regard to the property on Bartlett Avenue. Mr. Gray recommended that the Board proceed under Chapter 139 as it did on Massachusetts Avenue. The Chairman recalled that Town Counsel did have some instrument filed. Mr. Gray said the Board held a hearing and should get the place demolished, but it might be better to hold another hearing. The Chairman said if a hearing has elapsed, it would be safer to hold another hearing, and Mr. Legro has a file on this. CD 41'T Mr. Sheldon said if Town Counsel feels another hear- ing is necessary, then the Board would have to hold one. However, if Town Counsel feels a hearing is not necessary, the Board will not have to hold one. He suggested that Mr. Gray check with Town Counsel, and if it is his opinion that another hearing should be held, to schedule one. If he feels a hearing should not be held, then the Board would take action under Chapter 139 at the next meeting. Mr. Carroll stated the Board has not received a reply from its letter to the Town of Bedford, dated December 14, 1966, in regard to the sewer contract. Bedford Upon motion duly made and seconded, it was voted Sewer to authorize the Chairman to write an appropriate letter to the Bedford Board of Selectmen. Mr. Sheldon suggested also that Mr. Carroll tele- phone the Town Engineer in Bedford. Mr. Carroll mentioned the problem involved in regard to the possibility of making a taking for Worthen Road at Marrett Road. He submitted possible designs and indicated the location of the Steeves' property. In Steeves' the third design he recommended that the entire parcel property of 300 feet be acquired and stated the value of the taking Steeves' property would not be destroyed. He also indi- cated land, on the opposite side of the street, owned by the Town and the Swenson property. He said he thought a taking should be made of the Steeves' property to protect the Town. Upon motion duly made and seconded, it was voted to approve the basic scheme B as submitted by Mr. Carroll. At 8:00 P.M., hearing was declared open upon appli- cation pf the Lexington Motor Inn Inc. for a license to sell all alcoholic beverages, to be drunk on the premises, as per Chapter 511, Acts of 1966, Section 11D, located at 727 Marrett Road. Lexington Motor Inn The Chairman explained the Board is not required MMtor Inn he<:,ring to hold a hearing but it has been the custom of this Town hearing to hold hearings. He stated the proponents would speak and if there are any opponents, they would speak and the proponents would have an opportunity to answer questions raised by the opponents. Mr. James J. Reagan, attorney at law with an office at 17 Dunster Street, Harvard Square, Cambridge, stated he was representing the Lexington Motor Inn relative to 418 its petition for a license to sell all alcoholic beverages. He said as far as changes in the Inn to accommodate this license were concerned, they would be minimal. He ex- plained there will be a service bar, not one that is a stand up or sit down bar, but one where waitresses can obtain the drinks and serve them to the patrons. He said the hours they would like, the dining room opens at 11:00 A.M. and stays open until nine at night. There are additional functions from time to time until mid- night. They would like a license from 11:00 A.M. until 11:45 P.M. He stated due to the .fact this is the first time the Board has had an opportunity of granting a license under the recent act of the Legislature, it has the right to charge from $250 up to $2500. He believed $250 is much, much too low and also that $2500 is much, much too high. He reported places like Anthony's Pier 4 pays $2500; the Fantasia in Cambridge pays $1425. He said a place more or less comparable, the Lexington Motor Inn would be the Lord Wakefield, which pays $1,000. The Charter House in Waltham pays $1,000 and the Holiday Inn pays $1600. He said the food operation at the Inn has been running in the red due to the fact it is impossible to compete with surrounding communities. Maybe now it will be operated in the black. He said at the moment it will be a case of attempting to increase the business up there. This would give them an opportunity, maybe, to get into the black. The Chairman asked if notices were mailed to the abutters, and Mr. Reagan replied in the affirmative. He stated there were only two, and submitted return receipts to the Chairman. Mr. Sheldon said Mr. Reagan did not mention anything about Sundays or room service. Mr. Reagan said they would like the license for seven days amid for the rooms if the Board would go along. However, if the Board did not want service to the rooms that would be all right. They would like seven days and he thought a reasonable fee would be $1500 or between $1500 and $1000. Mr. Burnell asked about the Sunday hours, and Mr. Reagan stated that it would be all right at 9:00 P.M. and to open at 11:00 A.M. The Chairman said the application asked for the dining room, The Colonial Room, Liberty Room and room service. Mr. Cataldo asked if there would be one bar to service the three rooms. 419 Mr. Reagan said one bar would take care of the room off the dining room and a bar downstairs. They would be just service bars where waitresses would pick them up. The upstairs bar will be in a room next to the dining room. It will be the Liberty Room. The Chairman said he would close this part of the hearing, and asked if anyone present was in opposition. No one present expressed any opposition, and the Chair- man said he would close that part of the hearing. The Board had no questions. The Chairman said the Board would take the appli- cation under advisement and notify the applicant of its decision. Upon motion duly made and seconded, it was voted to establish the hours 11:00 A.M. until 11:00 P.M. on weekdays as long as the dining room is open, but not later than 11:00 P.M. and from 1:00 P.M. on Sundays until 11:00 F.M. as long as the dining room is open, but not later than 11:00 P.M. The Chairman stated the Board should move to re- consider the vote establishing the fee under the appli- cation of the Battle Green Inn. Motion was made to reconsider the fee established for the Battle Green Inn. Mr. Cataldo said he would like to know the reasons for considering a change. Mr. Mabee explained his reason would be the fees for commensurate types of places are lower in other towns and, more important, in his feeling, he would like to encourage building of motels in this Town. He said he did not want the fee to be out of line with other towns. Mr. Sheldon said he agreed, and stated the Board should do everything it can to encourage these people to serve good meals and it was his hope both hotels would upgrade their dining rooms. Mr. Cataldo said he would like to see some good restaurants. The package stores are paying the maxi- mum of $1500 a year. The maximum for a motel license is $2500 and that is what the Board voted. He said he could not see any establishment coming in and com- plaining about $1,000. The Battle Green Inn paid $1,000,000 for the operation, and this is going to cost the Town some money in policing. He said he could not see at this time why the license fee should be reduced. He said if anyone wants the license, they should pay for it and handle it well. He said he would be strongly opposed at any fee below $2500. 420 Mr. Burnell said the motion is for reconsideration and nothing has been said about a difference in the hours that the Board established for the Battle Green which differs from the request of the Lexington Inn. Mr. Sheldon pointed out that is not the issue at the moment, that the issue nowis the fee. Mr. Mabee said he would move for the same on the hours. Mr. Cataldo said if the Board had decided on the $1500 originally, this is where it should stay. He said the Board voted the $2500, and the public has been reluctant to have this type of license. Mr. Mabee stated that none of the Board gave this much thought and he was proposing a compromise of $2,000. Mr. Cataldo said the Board did not give this much thought the night of the hearing, but the Town voted in November and the Board knew this was coming and he would not move off the $2500. The Chairman said it had to be fair, and he did not know how much money these people were going to make. He said, personally, he felt it would not hurt to have a lower rate for one year and see how that works out; then the Board could increase it to the maximum. Mr. Cataldo said he could not see anyone coming in, with a $1,000,000 operation complaining about $1,000. He asked why the Board had to take this position and said both of these are $1,000,000 operations. The Chairman asked for motion to reconsider the previous question and said the main question was before the Board without any further debate. Upon motion duly made and seconded, it was voted to reconsider the vote of the Board establishing the fee of $2500. Mr. Cataldo and Mr. Burnell were recorded in oppo- sition. Upon motion duly made and seconded, it was voted to establish the fee of $1500 per year for hotel and motel liquor licenses. Mr. Cataldo and Mr. Burnell were recorded in opposition. Upon motion duly made and seconded, it was voted to grant a liquor license to the Lexington Motor Inn at the fee of $1500; the hours to be the same as those established for the Battle Green Inn, 11:00 A.M. until 11:00 P.M. on weekdays as long as the dining ronin is open, but not later than 11:00 P.M., and 1:00 P.M. until 11:00 P.M. on Sundays as long as the dining room is open, but not later than 11:00 P.M. C.O 1 Upon motion duly made and seconded, it was voted to approve bond No. 65627 on behalf of Julian Roberts, Deputy Collector, in the amount of $5,000 for a period Bond of one year ending December 31, 1967, said bond having been approved by the Commissioner of Corporations and Taxation. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a Liquor Purchase I.D. Card Identification card for Ann V. Connell, 55 Forest Street. Upon motion duly made and seconded, it was voted to grant Taxi Driver Licenses to Herbert B. Hope, 49 Ward Street, and Harold E. Welch, Jr., 26 Eustis Licenses Street, Arlington, satisfactory character references having been received from the Chief of Police. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting Minutes held on December 27, 1966. Mr. Cataldo said last week the Board voted to reserve space in the warrant for a possible article relative to Lexington Center and he thought the Board Lexington should delegate someone to contact the Minute Man Center Realty Trust. The Chairman delegated Mr. Cataldo to represent the Board. Mr. Cataldo said he thought the Board should meet with the Appropriation Committee next week and discuss ApOropri- the School Department. He said he had information on ation the kindergartens and closing the two schools. Committee It was agreed to meet with the Appropriation Com- mittee next Monday night. Mr. Gray left the meeting to so inform the Appropriation Committee. Mr. Mabee referred to a problem of Maintenance at Cary Memorial Library. He said several possibilities had been considered but nothing concrete has been done. Mr. Carroll said he would like to take a look at the building and see what is involved, and he definitely Cary thought the Public Works Department could handle it, Library but fundswould have to be made available. maintenance Mr. Cataldo said the School Department wants to talk to the Board on a Town -wide maintenance department, including school facilities and equipment. 422 Mr. Sheldon said the School Department would be meeting with the Board later for some other items and suggested that this subject be discussed at that time. Mr. Cataldo said the Board should have a meeting of the minds before it gets into that area. Right now the School Department's thought is to go into the cellar of the Muzzey School. Mr. Mabee said the library is not an immediate problem and everything is all set for this year, but he thought something should be done. Mr. Cataldo said regardless of what direction the Board goes, it will need space. He explained that what- ever Dr. Fobert and Mr. Maclnnes have to say will be with the authority of the School Committee and whatever they say will be official. Mr. Carroll said it is not just maintenance done by the Town personnel. Mr. Cataldo explained there are plumbing and elec- trical contractors and if this is to be done on a Town -wide basis, space would have to be made available. Upon motion duly made and seconded, it was voted to authorize Mr. Cataldo and Mr. Gray to specifically dis- cuss the maintenance of the two libraries in the dis- cussion. The Chairman said last week the Board extended the warrant for one week to allow citizens to come in with one article. He said he now has an article with thirteen Article names that have not been checked.. This article is to appropriate money for the erection of 315 feet of chain link fence, including one twelve -foot double gate, on the Adams School Playground. He said the article would go into the warrant providing there are ten valid signa- tures of registered voters. If there are not'ten valid signatures, the article will not go in the warrant. Letter, received October 25, 1966, from Elizabeth C. Whitman, 9 Demar Road, relative to a definite program for mowing fields owned by the Town, was held over. Mr. Carroll said he had the information but he did not know what happened and he thought this woman was Mowing concerned about burning. He said he talked to Mr. vacant Mazerall about this and as far as he, Mr. Carroll, is areas concerned, it might involve a large maintenance problem if a program to mow these areas is started. He said his opinion was to leave the areas as they are and not attempt to do anything with them. 1 423 Mr. Cataldo said he would like to see these areas left in their natural state. It was agreed to advise Miss Whitman that after con- sidering the subject and exploring all facets, it was decided not to instigate such a program at this time. Letter from Mr. George A. Talland, 24 Forest Street, with reference to reconstruction of business buildings in Lexington Center and extension of the business zone Zoning to include Muzzey Street, was referred to the Planning Board, with request that that Board make available to the Selectmen a copy of the minutes taken when the subject of rezoning was discussed. Upon motion duly made and seconded, it was voted to establish the sum of $92,100 as the amount not less Bond than which the 1967 bond for the Treasurer shall be written. Upon motion duly made and seconded, it was voted to establish the sum of $108,800 as the amount not less Bonds than which the 1967 bond for the Collector of Taxes shall be written. Upon motion duly made and seconded, it was voted to establish the sum of $1,800 as the amount not less than which the 1967 bond for the Town Clerk .shall be written. Mrs. Hooper, Valleyfield Street, met with the Board and said she had spoken to the Chairman and Mr. Burnell in the hope that the Board would reconsider its action in regard to the construction of Valleyfield Valleyfield Street. She said a number of her neighbors were also Street present. The Chairman stated when the Board considers building roads, sewers, drains, etc., for many years it has a limit beyond which it does not like to go, trying to keep the tax rate stable. He said the limit the Board has set up each year is $250,000 and it has to look at all the peti- tions and take everything into consideration. Mr. Tony Gelzinisis, 73 Valleyfield Street., said some of the judgment should be determined on a diffi- culty of passability of this road. He said the holes fill with water and freeze, then the bottom of the cars scrape. When the Town put in the sewer, everything was mimed up together and covered with sand. This collapsed completely and the road is very bad. He 424 said three homes are being built and heavy equipment is going over the road. He said if there was an emergency t}ere, the ambulance would not get down. Mr. Carroll said the water and sewer is in and he concurred with the prople that the street is in a very bad condition. The Chairman said the Board would take the comments unddr consideration and take another look at the budget, but he could not guarantee the outcome. Mr. John Byrne, Plumbing Inspector, met with the Board. Mr. Carroll said this concerns the recent plumbing code established by the Board of State Examiners of Plumbers. Up until a few months ago, the procedure for installing water and sewer services from the main in the street to the build- ing had been for the Town to install the service from the main in the street to the property line, and then have someone licensed by the Town to install it the rest of the way. The Board of Examiners of Plumbers were author- ized to enact a new plumbing code which in effect says only plumbers could install water and sewer services from the property line to the building. The code became effective August 15, 1966. He said he and Mr. Byrne working together, adopted a let's wait and see attitude. The plumbers have expressed no great interest in becom- ing drain layers and some towns have applied for deviation from the code and obtained deviations. He said they have examined this closely and would like to recommend to the Board that it ask the State Board of Examiners of Plumbers tovary the plumbing code to the extent he can continue the way he is now with private drain layers doing the work and have the inspection done by the Engineering Department. He explained as it stands today, the inspection of the plumbing between the property line and the building is under the Plumbing Inspector. Mr. Carroll said he and Mr. Byrne feel the Board should ask the State to deviate from the plumbing code to permit the Town of Lexington to con- tinue in the present manner and to use materials now being used by the Town. He said Winchester has such a deviation and he asked Mr. Legro for an interpretation. Mr. Mabee asked who brought the subject to his atten- tion. Mr. Carroll replied a man in Westford called him about it. He said the drain layers themselves, Mr. Byrne and a number of people told him he was operating illegally. Mr. Gray explained a letter was received from the State calling this to the Town's attention. 1 1 425 Upon motion duly made and seconded, it was voted to request the State Board of Examiners of Plumbers to grant a deviation of the Plumbing Code as recommended by Mr. Carroll. Mr. Mabee asked if this was likely to be a Union dispute, and Mr. Byrne replied in the negative. He said the Union has nothing to say about it, that it is a State law. It was agreed -that Mr. Carroll would compose a letter for the Chairman's signature. The Chairman brought up the subject of Valleyfield Street, -and Mr. Cataldo said he would rather include it in this year's budget in preference to Grandview Avenue. Valleyfield Street It was the sense of the meeting to include Valleyfield Street in the list of streets to be presented to Town Meeting this year, a definite vote to be taken at a later meeting. Mr. Carroll said a request had been received from the Planning Board for insertion of an article in the warrant to establish as a town way and accept the layout Emerson of as a town way of Emerson Road from Adams Street north- Rad westerly to a junction with the existing Emerson Road in the Adams Estates Section Four subdivision. He asked if there was to be an article for the acquisition of the Lidberg property or if this was to become a street layout. Mr. Cataldo said if the Board is trying to build Emerson Road, he would rather wait ten years and then buy the house and land. The Planning Board met with the Selectmen at 9:15 P.M. and Mr. Greeley explained the Planning Board feels the best way to proceed is to make a layout. He said the Planning Board recommends construction of the road. 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, might adversely affect the public security, the financial Executive interest of the Town or the reputation of any person. Session 426 Following discussion with Mr. Carroll relative to employee classification, and land acquisition, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:20 P.M. A true record, Attest: ec iv Clerk Select 1 1 427 SELECTMEN'S MEETING January 16, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 16, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. At the request of the Town Clerk, one juror was drawn: John H. Dyer, 24 Oakland Street, Lexington. Juror Messrs. Blaisdell, Gary, Zehner, Kenney, Kolovson and Mrs. Souza, of the Appropriation Committee, met with the Board. Mr. Perry, Comptroller, was also present. Mr. Blaisdell acted as Chairman in the absence of Mr. Parrish. The Chairman explained the reason the Board had asked the Committee to meet with it was because the Kinder - Board had unanimously requested the School Committee gartens to put an article in the warrant for kindergartens. He stated the Selectmen did feel the primary issue was that at least the Town Meeting have a right to say something about it. They did not accede to the Board's request and it would like to discuss with the Appropri- ation Committee whether or not the Board should insert an article in the warrant. He explained the issue is not whether the Board is for or against kindergartens. The issue is whether it lets the Town Meeting have a say. He stated he did not know if the Appropriation Committee could cut the budget in the amount of the cost of kinder- gartens and if it did, if it would be violating their autonomy. Mr. Blaisdell, addressing Town Counsel, said the School Committee unanimously stated the establishment of the kindergartens was an educational decision up to the five -man Board and no one else. He asked if this was the law of the Commonwealth or not. Mr. Legro replied he had already given his opinion to the Board of Selectmen and the School Committee, and it is, in his opinion, the School Committee has the right to put it in the budget. He explained it is not an item authorized or required by statute, but he thought the ap- 428 propriation of money for kindergartens would be upheld. He stated a failure by the Town to appropriate money for the support of kindergartens put in the budget by the School Committee would be a failure by which the court would require an appropriation. He said it was his opinion that the court would not require the appropri- ation if the Town failed to make it. Mr. Blaisdell stated, as a committee, they had not met and voted whether there should be a separate article or whether there should not. The budget, as submitted to it, includes establishment of kindergartens and expenses for the same. He said he understood the Board or Town Meeting Members Association have asked what the figures will be for 1967. He said if the committee deleted it from the school budget, that would be the number. He asked Town Counsel if, in his opinion, are the figures presented under Article 4 the figures recom- mended by the Appropriation Committee or are these digures requested by the Boards themselves. He asked if the School Committee figures as listed in its budget would be the ones that would be properly presented to Town Meeting and any change would be a motion to amend or should the figure read and presented to Town Meeting be that of the Appropriation Committee and should the School Department decide it was its responsibility to make a motion to amend. The Chairman said the Appropriation Committee was aware of Section 44, Chapter 60. Mr. Legro referred to Chapter 39, Section 16. The Chairman explained it has been the practice of the Board, whenever an opinion is requested of Town Counsel that requires research, that he not be required to give that opinion at the meeting but to have time to look into the subject; Mr. Blaisdell asked if he could get an opinion from Town Counsel fairly soon because it is precedent in this State that a school committee budget if modified has been upheld. He said to the question, should the Selectmen suggest that the expense items of the school budget be divided, presenting to the Town Meeting the items of oper- ating expenses, exclusive of kindergartens, and then on a separate article the dollars and the authorization for the establishment of kindergartens, he thought it important that the Appropriation Committee have clearly which side is the proper approach, He said, personally, he did favor submitting a separate article and using the same numbers that the committee is asking so that the question of kinder - 1 1 429 gartens can be clearly, and without question, answered by the Town Meeting. Mr. Cataldo said the approach of the two articles would not be considering separating the budget. Mr. Legro said if the School Committee submitted a figure in its budget, including kindergartens, and the Board of Selectmen put in a separate article with a separate appropriation for kindergartens and that article was denied, it would have the effect of decreasing the school budget. The Chairman asked if the Appropriation Committee had the right to have its figures presented to the Town Meeting as against the School Committee. Mr. Legro replied he would give both the Appropri- ation Committee and the Board of Selectmen a written opinion on it and he could do it very quickly. Mr. Cataldo stated, not only the School Committee, but Mr. Blaisdell, was asking can any department's figures, The Chairman said if it were true for the School Committee it would be true for all departments. Mr. Legro advised he thought they are two entirely separate issues. Mr. Blaisdell said he presumed his committee would like to have Town Counsel's opinion before making a recommendation. Mr. Cataldo said he would be in favor of submitting kindergartens to the Town Meeting in a separate article using the figures the Committee has in its budget, de- leting the figure it has and put it in the separate article. The Board of Selectmen was in favor of inserting a separate article in the variant on kindergartens. Mr. Blaisdell said perhaps they should explore the possibility of what the next step should be. Mr. Cataldo reported that he and Mr. Gray had been talking to the School Committee about the cost on the basis if kindergartens were not established this year, two schools could be closed, and they are getting figures of what this would save the Town. He is also getting information what this would mean to the School Committee itself; substandard rooms as compared to the Bridge School and Bowman School. Hereported that Hancock School has a gym program in the Belfry Club and it does not have a hot lunch program. He said he questioned how solid the School Committee's projections are. He said Hancock and Munroe Schools were to be phased out without any mention of kindergartens. 430 Mr. Gray asked what the Board's opinion was with respect to the School Committee; he understood it has its eye on the Munroe School for an administration building. He asked if the committee could make the change -over without approval of Town Meeting. Mr. Cataldo stated it is the School Committee's plan to take the Munroe School as its office building in 1969, and the only control the Town Meeting would have would be appropriating funds. He explained if they have kindergartens, they would phase out Munroe School in 1969, but would have to hire a new principal for one year for a school. He said he was looking into the possibility of including the school department in the Town Office complex. Mr. Blaisdell asked for the Board's opinion in regard to presenting a separate article. The Chairman said the chair would entertain a motion to insert a separate article. Mr. Sheldon said on the theory the Town Counsel upholds the right to insert such an article, he would make a motion. Mr. Legro said he had not made any ruling whatever on the right to insert a separate article. He said the Board has the right to insert an article but if the indirect result is to modify the school budget, he would like to take a second look and he would include it with his ruling. He said if the Board wants to get expression from the Town Meeting, he felt it could be done by a segregation of the items in the school budget or by a separate article. He stated he would like to consider further the right to require segregation of this item. Mr. Cataldo said there is only one part of the budget the Board would question. This would be the personal services. Any capital expenditure should be a separate article anyway, which this is. He pointed out by policy and precedent for years this has been done under separate articles. Mr. Legro said the discussion generally was about kindergartens. Mir Cataldo said the budget is personal services, transportation and capital outlay. He said capital out- lay definitely has been a separate article from the beginning of time, and on that basis, it should be a separate article. The Chairman said Town Counsel would give the Board an opinion in a relatively short time, and Mr. Legro said he would give the Board an opinion this week. He said he co ca 43l thought the Board was asking him a very serious question and it warranted some time. Mr. Cataldo asked how the Appropriation Committee felt on the subject. Mr. Blaisdell said the committee only discussed it lightly, but had not been polled as to the opinion on this matter. He said probably this evening it could see what it would do, and that committee has a meeting with the School Committee at 8:30. The Chairman said by next week the Board should know in what direction it is going. Mr. Kenney said the Appropriation Committee should take a poll tonight and give the Selectmen an indication of how it feels. The Appropriation Committee retired at 8:02 P.M. Mrs. Grace Chu, 18 Oakmount Circle, met with the Board and said she thought it was about time for the Town to help her solve the problem she has had with town water for fifteen years. Mr. Carroll explained the problem comes about because the water line is a deadend. The Chairman asked how long Mr. Chu had been using Calgon, and Mr. Carroll replied between two and three years. He said generally the effect has been excellent and the undissolved rust is picked up by the filters. Mrs. Chu said she has been buying filters for two years. Mr. Sheldon asked if the new houses on Oakmount Water Circle had any problems, and Mr. Carroll replied in the negative. He said Mrs. Chu's house is at the end of the line. Mr. Carroll said one alternative is to tie in a small pipe at the end of the existing main and go to another pipe, but he did not think a flow would be created and the expense involved would be about $5,000. Another alternative would be to go over the bill to York Street or to Grant Street or to Round Hill Road. It would cost more money to do this because it is right over a cliff of solid ledge. He explained the problem has been brought to a head because of a twenty-four inch water main break and he has been getting calls from all over Town. He is trying to get the Calgon back into the system again. He suggested that the Board get someone more of a specialist than he is to study the problem and give the Board a report. Mr. Sheldon asked if Mrs. Chu would be willing to pay part of the cost if a consultant came up with an answer, 432 and she replied in the affirmative. Mr. Carroll said he did not think Mrs. Chu should have to pay part of the cost as it is incumbent upon the Town to supply her with clean water. He said a study could be made in a couple of weeks. The Chairman said the Town is paying Whitman & Howard, consulting engineers, and suggested that their expert come out, look at the problem and get some solution. Mrs. Chu said it was imperative to do something before she puts in a new septic tank. Mrs. Chu retired at 8:35 P.M. Mr. Gray said he had received a bill in the amount of $2,000 for architect's services in connection with the Public Works Building which had been approved by the Bill committee. Upon motion duly made and seconded, it was voted to approve payment of bill in the amount of $2,000 sub- mitted by William Halsey, Architect.. Mr. Gray said he had received a bill in the amount of $108,217.75 from John Tocci & Sons, Inc., contractor for the Public Works Building, which had been approved Bill by the committee. Upon motion duly made and seconded, it was voted to approve payment of bill in the amount of $108,217.75 submitted by John Tocci & Sons, Inc. Mr. Gray, with reference to the Goodwin property, on Pearl Street, said he had checked with Town Counsel who felt it was not necessary to hold another hearing. He said it is now a matter for the Board to make a determination of what should be done on the barn, and he could have the necessary paper work done for the next meeting. Upon motion duly made and seconded, operating under Chapter 139, Section 3, of the General Laws, it was voted Goodwin that the structure is a nuisance and should be torn down, property and the Board hereby directs Mr. Goodwin to tear the structure down, otherwise the Board will step in and take it down at Mr. Goodwin's expense, with a time limit of thirty days after the time the Board orders removal of the structure. Mr. Carroll reported he had met with the people on Golden Avenue and explained to them what the problem was. He explained four basic solutions of the problem which he 1 433 indidated on a large plan. He said the people want to remain in Lexington, and if the Board wants to keep them Golden in Lexington, it should talk to the Arlington Selectmen Avenue to see if some arrangement can be made. He said there is also the problem of police and fire protection. He said he thought the Lexington police would have difficulty getting in there. The Chairman said he thought the problems could be solved by arrangements with other towns. Mr. Sheldon asked what the best approach would be; Town Manager or Board of Selectmen, and the Chairman said he thought the Board of Selectmen because that is the policy-making Board. Mr. Cataldo said the main thing is, are they going to stay here and what is going to be done. He asked how the extension of the water main would benefit Lexington if the people are Arlington. Mr. Carroll said it wouldn't unless the land on either side of Watertown Street beyond the State property were developed. He said the difference in cost of six and eight inch pipe just to get across the bridge would be $1,000. Mr. Mabee asked if this main served any of the nine houses, and Mr. Carroll replied in the negative. He said they are fed from Arlington. The Chairman said the decision has to be made known whether the main should go across and he thought it should. Mr. Carroll explained eventually this will become a part of Arlington because the prople will be isolated and the services Lexington gives will be so few. Mr. Mabee said the Board should talk to Arlington about fire, police and snow removal. Mr. Carroll said his feeling is that eventually the area will go to Arlingtdn and he thought the Board would be safe in makipg this assumption. Mr. Mabee suggested that the best arrangements be made with the Town of Arlington and in the meantime, Mr. Carroll could contact the State. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if Executive made public, might adversely affect:the public security, Session the financial interest of the Town or the reputation of any person. Following discussion with Mr. Legro pertaining to legal opinions, discussion with Mr. Carroll pertaining 434 to snow removal and discussion with Mr. Gray pertaining to land acquisition, it was voted to resume the open meeting. The Chairman read a letter from Ephraim Weiss, 462 Lowell Street, requesting the Board to take appropri- ate action to provide for the installation of curbing Curbing along Lowell Street between East Street and Woburn Street. Mr. Carroll reported he talked to Mr. Weiss as late as tonight about this and it would cost something like $6,000 to $8,000 to put in berms on both sides ofthe street. Mr. Weiss would be satisfied if the Town tried to put in as much of the hot top berm it can each year under the Highway budget. The Chairman said he would so advise Mr. Weiss. Sewer The Chairman read a letter from Mrs. Caleb Warner, 546 Concord Avenue, relative to installation of sewers in her area. Mr. Carroll said this is the area that is out and the long-term plan is to get a trunk there. He agreed to wtite a letter of explanation to Mrs. Warner. The Chairman read a letter from Mr. Robert C. Jackson, 62 Colony Road, with further reference to a sidewalk and the betterment. Mr. Carroll reported that he and Mr. Coscia met with Mr. Jackson on the property. His argument was there was a stone dust sidewalk that could provide the Sidewalk base. Mr. Carroll showed him that the location of the stone dust sidewalk was obscured, but if he wanted to, he would find the stone dust sidewalk, but that it would be more expensive to build. Mr. Jackson said Mr. Carroll was absolutely right and to go ahead. He received his bill the other day for the sidewalk and is now question- ing it. Mr. Carroll agreed to prepare a letter for the Chairman's signature. Request for permits to move two buildings, received from the Metropolitan Building Movers Co. was held over at the request of Mr. Carroll. Upon motion duly made and seconded, it was voted to Traffic amend the Traffic Rules and Orders of the Town of Lexington Rules & adopted on October 7, 1935 and subsequent amendments thereto, Orders as follows: 1 1 AMENDMENT TO THE TRAFFIC RULES AND ORDERS TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN; JANUARY 16, 1967 ARTICLE I Definitions VOTED: That the Rules and Orders of the Town of Lexington adopted on October 7, 1935 and subsequent amendments thereto are hereby further amended as follows: By adding a new definition as follows: (cc) Service Zone - An area in the roadway or municipal off-street parking area set aside for the accommodation of commercial and transient vehicular traffic." ARTICLE V Parking VOTED: That the Rules and Orders of the Town of Lexington adopted on October 7, 1935 and subsequent amendments thereto are hereby further amended as follows: By adding a new definition as follows: Section II Service Zones - No person shall park a vehicle upon any street or municipal off-street parking area in any service zone for a period of time longer than thirty (30) minutes and except while actually loading or unloading. /S/ Robert Cataldo /S/ Levi G. Burnell /S/ I. H. Mabee Adopted January 16, 1967 /S/ George C. Sheldon A true copy, Attest: Executive Clerk, Selectmen 435 Board of Selectmen 436 Upon motion duly made and seconded, it was voted Laconia St. to hold a hearing on its intention to lay out as a town hearing way Laconia Street from Lowell Street a distance of 1150 feet, more or less, southerly and easterly. Upon motion duly made and seconded, it was voted to Hearings hold public hearings on its intention to lay out as town ways the following streets: Traffic Country Fair April 19 Blossomcrest Road Blossomcrest Road Crescent Road Emerson Road Ewell Avenue Hadley Road Kendall Road Laconia Street Whittier Road Lake Street Longfellow Road Payson Street Philip Road Phinney Road Tricorne Road Tyler Road Valleyfield Street Letter was received from the Executive Committee of the Cary Library Board of Trustees with reference to requests received by the Selectmen from the Follen Community Church in regard to traffic. Mr. Gray stated the Traffic Study Committee wrote to the Library Trustees and the School Department and as soon as a reply had been received from the School Department, the Traffic Study Committee will make a recommendation to the Board. Request was received from Raymond E. Lewis, Adjutant, on behalf of the Stanley Hill Post #38, for permission to use Parker Field Center Playground, for the Post's Third Annual Lexington Country Fair over Labor Day week- end, 1967. Mr. Cataldo recalled this was a program that posed a problem relative to construction hours. The Chairman said he would ask Mr. Lewis to meet with the Board to discuss the subject. Letter was received from Rayment E. Lewis, Adjutant, on behalf of the Stanley Hill Post #38, requesting per= mission to operate a good stand on April 19, 1967, at the corner of Meriam Street and Massachusetts Avenue. Upon motion duly made and seconded, it was voted to grant the request. con 1 437 Upon motion duly made and seconded, it was voted to renew Common Victualler licenses to Mereditt Foods, Licenses Inc., 321 Woburn Street, and Lexington Indoor Tennis Corp., 459 Bedford Street, satisfactory reports having been received from the Board of Health. Upon motion duly made and seconded, it was voted to hold the first session of the Annual Town Meeting Town in Cary Memorial Hall on Monday, March 20, 1967, at Meeting 8:00 P.M. Mr. Gray referred to a request from a Mr. Sullivan for abatement of the street betterment assessment levied against land owned by him and located on Volunteer Way. He reported that Mr. Zaleski, Planning Director, claims this is a legal size lot with legal frontage. Mr. Cataldo asked if Mr. Sullivan had been denied Sullivan a building permit, and Mr. Gray replied in the negative, betterment He said Mr. Zaleski said that the taking does not affect Mr. Sullivan, it is a legal lot, and there is no reason why it cannot be built upon. Mr. Cataldo asked Mr. Gray to double check with the Building Inspector to find out whgther or not this is a legal building lot for which a permit could be issued. Mr. Sheldon moved that if this is a legal size lot and a building permit can be issued, that the request for abatement be denied. Mr. Gray reported that the Planning Board wanted to know about the Lloyd property and he told him what the Board has done on this. Mr. Zaleski said the Planning Board wanted to negotiate on this. He said the Planning Board wants permission to get appraisals on bile other two articles and negotiate with the owners. Mr. Carroll retired at 10:20 P.M. Chairman Greeley, Mrs. Riffin, Messrs. Worrell, Fowle, Campbell, of the Planning Board, and Mr. Zaleski met with the Board. Mr. Greeley said, in talking with Mr. Gray, the Planning Board asked if he would convey to the Selectmen an explanation of the Planning Board's preference. He said they would like to ask the Town to authorize the Selectmen to make a layout of that place of Emerson Road between Castoldi's subdivision and Adams Street, intending that the physical improve- ment would take place at a later date, assuming the Board could go ahead on that, not to insert an article Lloyd land 438 in the warrant to take the whole Lidberg.and Castoldi property. He said it would be like paying damages for Articles the rights to improve a street there at a later date. He said he hoped to be able to negotiate something in the order of $5,000. Mr. Cataldo said he took a look at it today and he would have to stay with his original thought, it is not the best, but if the Planning Board recommends it, he would support laying out Emerson Road. Mr. Greeley said his Board feels this is another step in slightly devaluating the importance of Emerson Road. He said the Planning Board believes it is im- portant to get this connection through in the future from Adams Street to Burlington Street and this is the last good chance of doing it. Mr. Mabee said he also would support the layout of the road. Mr. Burnell was recorded in supporting it. The Chairman asked if the Board was making com- mitments before the hearing, and Mr. Mabee said he was supporting the article. The Chairman explained his position and did not concur with the recommendation relative to the layout of Emerson Road. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if Executive made public, might adversely affect the public security, Session the financial interest of the Town or the reputation of any person. Following discussion pertaining to recommendations submitted by the Salary Study Committee, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 11:45 P.M. A true record, Attest: 1 SELECTMEN'S MEETING January 23, 1967 A regular meeting of the Board. of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 23, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and. Mabee were present. Mr. Legro, Town Counsel, Mr. Carroll, Super- intendent of Public Works, Mr. Gray, Executive Assistant, and Miss Murray, Executive Clerk, were also present. Letter was received from Mr. Legro in answer to a question raised by one of the members of the Board in regard to authority by which the question relating to the zoning for shopping centers was placed before the voters several years ago. The question was placed on the official ballot Dor the March 10, 1958 election of Town Officers by authority of Chapter 74 of the Acts of 1958, Section 1. Notice was received from the State Department of Public Works, advising that. the Chapter'90 construction allotment for the Town for 1967 is 13,100 andthe allotment for Chapter 90 maintenance for the Town for 1967 is $1,500.00. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following kole locations, all having been approved by Mr. Carroll: Massachusetts Avenue, northeasterly side, opposite Lisbeth Street, -- One (1) pole. Massachusetts Avenue, northeasterly side, approxi- mately 3L8 feet northwest of Curve Street, - One (1) pole. Woburn Street, southerly side, approximately 903. feet east of Cottage Street, -- One (1) pole. Woburn Street, southerly side, approximately 1,166 feet east of Cottage Street, -- One (1) pole. 439 Question on ballot Chapter 90 Pole locations 440 Permit Land of New Amster- dam Casualty Company Worthen Road, easterly side, approximately 10 feet north of Massachusetts Avenue, -- One (1) pole. Dewey Road, southwesterly side, southeasterly from a point approximately 16 feet southeast of Grove Street, -- Eight (8) poles, guy wire and anchor on first pole. Suzanne Road, northwesterly side, southwesterly from a point approximately 108 feet southwest of Millbrook Road., -- Two (2) poles. Suzanne Road., northwesterly side, at/and northeasterly of Millbrook Road, -- Five (5) poles. Juniper Place, southwesterly from a point approximately 28 feet southwest of Meriam Street, -- Five (5) poles. Baker Avenue, northwesterly side, at Butler Avenue, -- One (1) pole. (One existing JO pole to be removed.) Upon motion duly made andseconded, it was voted to grant permission to the Metropolitan Building Movers Co. to move a building from Belmont to lot #113 on Lawrence Lane. The Chairman read a letter from Mr. Legro in connection with the vote of the Board last Monday even- ing relating to the land. of New Amsterdam Casualty Company, in which he stated he had obtained from the Engineering Department a print of a plan showing the area to be acquired for conservation .purposes. He stated apparently Parcel A is a strip of land that either the Planning Board or some other board or com- mittee involved in this transaction proposes to acquire or keep available for future street purposes, and if the whole tract were acquired for conservation purposes, it wouldbe difficult, if not impossible, to later take the steps necessary to devote this land to street purposes. Mr. Catald.o asked. if the Board took the land on a general taking, could it at a later time submit it to conservation and get reimbursement. Mr. Legro replied he didd not know of any case in which it has been done, but he thought the statute was broadenough to permit transferring land takan to con- servation. He said he would like to read the statute. 44.1 He submitted a plan and indicatedthe property involved, the entire parcel C. The Chairman asked if it was the Planning Board's proposal to have a street, and. Mr. Carroll repliedin the affirmative. Mr. Mabee said he thought Red Coat Lane was always in it. Mr. Carroll suggested that Mr.Legro was not given sufficient information when he prepared the article and if he had knownt the road was there, he would have prepared another article. Mr. Sheldon said he would like to know if the Plan- ning Board understands that taking it for conservation would block any streets, and how important this street is to them. Mr. Carroll said it is a connection to Hathaway Road andit is a master plan.. Mr. Legro saidhe would discuss the subject with the Planning Board this evening and see the Selectmen afterwards. Letter was received from Mrs. Battin, Chairman, of the Structure of Town Government Committee, advising Mandatory that the committee has decided to accept the vote of Referral the Selectmen not to include a 'Mandatory Referral' article for the March, 1967 Warrant. Letter was received from the Planning Board re- questing the Selectmen to call a special town meeting Special for zoning articles to be held not later than June 5, Town 1967. Meeting Upon motion duly made and seconded, it was voted to hold. a Special Town Meeting on June 5, 1967, and further voted to close the warrant for the meeting on April 24, 1967. Invitation was received to attend a reception for Reverend and Mrs.Miles McKey on Sunday, January 29, 1967, at L:00 P.M., Follen Community Center. All members of the Board accepted with the ex- ception of Mr. Mabee who had a previous commitment. Upon motion duly made andseconded, it was voted to sign a Water Order for the construction of a water main in Blossomcrest Road. from Meadow Brook Avenue, a distance of 1156 feet, more or less, westerly to Mayflower Street. Invitation Water OrdeJ 442 Minutes Upon motion duly made and seconded, it was. voted to approve the minutes of the.Selectmen's Meeting held on January 16, 1967. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, fession might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion with Mr. Carroll pertaining to snow removal, and legal opinions submitted. by Mr. Legro, it was voted to resume the open meeting. Mr. Legro retired at 8:30 P.M. The Chairman stated on advice of Town Counsel, the Board is not disposed to putting a special article in the warrant Bo kindergartens. tens. The matter will ll be in the Kindergarten School Committee budget, and it was his understanding any Town Meetinf Member may move -to amend.. This is a matter for the Town Meeting and the Selectmenwill • not insert a special article on the kindergartens. Mr. Charles Sisk, American Legion Stanley Hill Post, met with the Board. relative to the Post's request for JJse of permission to use Parker Field, Center Playground, for arker Field the Post's third. Annual Lexington Country Fair over Labor Day weekend, 1967. The Chairman said that last year there was quite a number of complaints and: the major question was on the setup working there late at night with noisy instruments. The neighbors were d.isturbed.. He asked if permission were granted, when the Post_ would start to set up. Mr. Sisk repliedthey would have to start Tuesday or Wednesday afternoon and early evening and that is the best they can do. They will not work after nine o'clock. The Chairman asked if the Post would aedept a nine o'clock limit on this. With this in mind, the Board would consider thij . Mr. Sisk said the Post would like to use the roadway out back for a livestock show which the Board had pre- viously denied. The Chairman, addressing Mr. Carroll, said he knew the feeling of the Park Department Superintendent. Mr. Carroll said they were both opposed to putting livestock on the field because they feel this is setting a precedent that could be enlarged upon in the future and they feel it shouldnot be started. The Chairman said Dillard ifoods have been used for horse shows. He said..he thought the Board's policy would be consistent with the past, and the animal show would not be approved. Mr. Sisk retired. at 8:40 P.M. 1 s sA GhapimFiMit7d$d11 anz (Mrs;,pRowbs, Capital Expenditures Committee, met with the Board. Mr. Chapin said they assumed the Board had read. the report submitted to each member and explained the committee has made an effort to even out the capital expenditures for the course of the next five years. Following a general discussion on capital outlay items, the Committee retired at 9:30 P.M. Messrs. Hayes, Sparrow and. Davison of the Recreation Committee, and Mr. Bertini, Director, met with the Board to discuss 1967 budgets. The following action was taken: Personal Services Expenses Swing for Sutherland Road play area d.isapproved.. An area to be blacktopped for basketball. $2600 was to cover three $2550 was to cover three at Harrington. Requested Approved $25,043.50 $25,043.50 8,035.00 8,035.00 added. to the Park Department Expenses swings and one basketball court. added. to the Park Department Expenses baseball backstops; two at Bridge and budget budget one Upon motions duly made and seconded, it was voted. to include articles in the warrant for installation of an instructional pool at the Center Playground; two sections of speotator stands at the Center Playground and a topo- graphical survey and plan of the so-called dug}p area on Lincoln Street. The Recreation Committee retired at 10:20 P.M. 443 Capital Expendi- tures Comm. Recreation Committee Mr. Gray said last week the Board discussed the pro- perty on Bartlett Avenue andhe had prepareda notice which, according to Town Counsel, is in order. He ex- plained the order for the demolition of the two -car garage Goodwin at 9 Pearl Street was recommended by the Building In- Property spector. Upon motion duly made and seconded, it was voted to sign the following Order: COMMONWEALTH OF MASSACHUSETTS .444 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TOWN OF LEXINGTON At a meeting of the Board. of Selectmen of the Town of Lexington held on the 23rd. day of January,1967 it is ORDERED: Whereas on July 11, 1966 said Board of Selectmen held a public hearing, due notice of which was given to Joseph A. Goodwin, at 9 Pearl Street, Lexington, in said County of Middlesex, as owner of burnt, delapid.ated. or dangerous building located at premises known as and numbered 9 Pearl Street in said Lexington; and WHEREAS, said Board of Selectmen have made the following findings of fact: 1. That there ib located. on said premises known as and numbered 9 Pearl Street, Lexington a two -car garage. 2. That in 1963 a fire destroyed the front portion of the roof and right side wall which has.not.been restored or repaired, and. the roof portion and other debris from the fire is still strewn around the general area of the garage. 3. That the garage is in a generally delapidated. condition. NOW, THEREFORE, we the undersigned., being a majority of the Board. of Selectmen of said Town of Lexington, duly elected and qualified. and acting as such, do hereby, under and. by virtue of the provisions of Section 1 of Chapter 139 of the General Laws, and. all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, make and record an order adjudging said. garage to be a huisance to the neighborhoodand. dangerous, and do hereby order: 1. That within thirty days from the date of the service of this order on the owners the garage be demolished, all demolition debris and other debris removed from the premises, andany andall excavations filled. to the level of the surrounding ground with clean solid fill: 2. That a copy of this order be filed with the Town Clerk who shall deliver copies thereof to an officer qualified to serve civil process, which officer shall forthwith serve an attested copy thereof upon Joseph A. Goodwin at his last and usual place of abode, 9 Pearl Street, Lexington, Massachusetts, and make return to said. Town Clerk of his doings thereon. WITNESS our hands at Lexington as aforesaid this 23rd. day of January, 1967. TOWN OF LEXINGTON By /s/ Lincoln P. Cole, Levi G. Burnell Robert Cataldo I H. Mabee George C. Sheldon Majority of the Board of Selectmen Cia 1 1 1 445 A copy of the order is to be sent to Mrs. Joseph A. Goodwin, and also to Mr. Frank Goodwin, a son. The Chairman read a letter from Mr. Legro, regarding the Lexington Motor Inn, Inc. application for a license to sell liquor to be drunk on the premises. Liquor The Chairman said he did not think it necessary to license holdanother hearing and he understoodthis is being worked out by Mr.Legro and Mr. Reagan, attorney for the Inn. Upon motion duly made and seconded, it was voted to adjourn at 10:35 P.M. A true record, Attest: 446 STREET HEARINGS ON SUBDIVISION STREETS & CONSTRUCTION STREETS -JANUARY 25, 1967 A street hearing was held on Wednesday, January 25, 1967 at 8:00 P.M. at the Estabrook Hall, Cary Memorial Building. Present were Lincoln P. Cole, Levi G. Burnell, Robert L. Higgins and Alice D. Stringos. 8:00 P.M. Mr. Cole explained the subdivision streets are constructed under the Subdivision Control Law and the Construction Streets are under betterments. Mr. Cole stated that everyone present would be given an opportunity to speak in favor or in opposition and to ask questions. He also stated that the final decision as to whether the streets will be accepted or not is made by the Town Meeting members. 8:05 P.M. Hadley Road - Mr. Joseph Quinan, 48 Eldred Street was ' recognized. He had no questions. 8:10 P.M. Longfellow Road - No one spoke for or against. 8:12 P.M. Phinney Road - No one spoke for or against. 8:13 P.M. Tricorne Road - Mr. & Mrs. Greene, 85 Marrett Road opposed to acceptance because they fear front of property will be ruined. 8:14 P.M. Tyler Road - Mr. Leonard Cohen, 2 Winchester Drive - Asked if easement had been dropped. Mr. Cole read a letter dated August 30, 1966 written by the Planning Board and commented that the Board of Selectmen voted to accept the Planning Board's recommendation. 8:18 P.M. Whittier Road 8:20 P.M. Crescent Road - Mr. Robert L. Stettiner, 12 Whittier Road was recognized. No questions. - Mr. Cole asked if anyone was in favor of this street. Mrs. Philip Swartz,' 8 Crescent Road spoke in favor of it. 1 1 Mrs. Frank Harlow, 5 Crescent Road - She commented that she is absolutely opposed to this road. Also stated that she was never approached when the petition was circulated. Mrs. Larrabee, 15 Crescent Road - Not in favor. 8:25 P.M. Emerson Road Mr. Greeley spoke representing the Planning Board. The Planning Board favor of Emerson Road being accepted. Mrs. Skov, 8 Hawthorne Road spoke for her own interest and is opposed to this road if it is only going to be used as a cut -through. Also commented that she thought the Planning Board should study this further. Mr. Chester Lidberg, owns Lot Pt. "B" Emerson Road - Commented that no one approached him and that not much thought had been given to this road. Mr. Greeley said "that much thought had been given to this" and agreed that no one had approached Mr. Lidberg. Mrs. Harvell, 131 Burlington - Commented that outside people would use this road. She objected. Mr. Arthur Burrell, 2 Thoreau Road - Stated that the people were not informed about this meeting. He opposed. Mr. John C. Belcik, 14 Payson Street - Asked "is this an existing paved road?" Mr. Cole said "no it is Lidberg's pasture". Mr. Belcik asked "can this road be built by available funds?" Mr. Greeley commented that it wouldbe unfair to slip it through by available funds. 447 448 (cont.) Emerson Road - Mr. Robert Stettiner, 12 Whittier Road Asked "who would the road serve?" Mr. Greeley said "to help circulate traffic in the center of town." 8:45 P.M. Ewell Avenue Mr. & Mrs. Frederick Seaberg, 8 Ewell Avenue, Mr. & Mrs. Edward J. Burke, 7 Ewell Avenue, Mr. Paul A. Looney, 1 Ewell Avenue, Mr. & Mrs. Leonard F. Anderson, 21 Ewell Avenue, Mr. & Mrs. Joseph P. Delaney, 4 Ewell Avenue, Mr. Paul Sullivan, 18 Ewell Avenue, were all in favor of this road. Mr. Paul Sullivan asked about services. Mr. Higgins stated that services are put to the side of the road before street is built. Mr. Peter Millinazzo, 27 Ewell Avenue - Opposed to it. Mr. & Mrs. John G. LaBella, 31 Ewell Avenue - Very much against it. Concerned about water running down Ewell Avenue from Deering Avenue. Mr. Higgins stated that a drain will be built on Ewell Avenue to solve the problem. 9:02 P.M. Kendall Road Mr. Julio Amicangelo, 61 Kendall Road - Asked questions on Article 75. Mr. Cole read the proposed road to him. Mr. Amicangelo, after the length of the proposed road was determined, agreed that he and the Appolonios favored the road. Mr. & Mrs. Maurice E. White, 55 Kendall Road, Mr. & Mrs. Leo M. Patrician, 47 Kendall Road, Mr. & Mrs. Amos J. Carr, 53 Kendall Road were all in favor of the road. 9:09 P.M. Blossomcrest Road - from Worthen Road to Meadow Brook Avenue Mr. John W. Grabski, 64 Blossomcrest Road - Asked if there would be a taking. Mr. Higgins stated that this part of the road is entirely a land taking. CAD CI 1 1 1 1 1 1 (cont.) Blossomcrest Road Representing Mr. & Mrs. Frank J. Sanderson, 5 Meadow Brook Avenue and Mr. & Mrs. Robert E. Byrne, 77 Wellington Lane Avenue was Attorney George Kilgore. He stated that the Sandersons & Byrne were opposed to this road. Mrs. Sanderson and Mr. Byrne were present. Mr. William E. Spinney, 87 Blossomcrest Road He opposed. Mr. Lloyd V. Polhamus, 81 Blossomcrest Road - He opposed. Mr. & Mrs. Frederick Ezekiel, 75 Allen Street, Mr. .& Mrs. Edwin Goldberg, 60 Blossomcrest Road, Mr. & Mrs. Adolph F. Krol, 51 Wellington Lane Avenue, Mr. Duane Belt, 58 Blossomcrest Road, Mr. & Mrs. Donald E. McElman, 74 Blossom - crest Road were all opposed to it. 9:32 P.M. Blossomcrest Road - from Allen Street 723± feet westerly Mr. & Mrs. Lloyd V. Polhamus, 81 Blossomcrest Road, Mr. & Mrs. Frederick D. Ezekiel, 75 Allen Street, Mr. John W. Grabski, 64 Blossomcrest Road, Mr. & Mrs. Donald E. McElman, 74 Blossomcrest Road, Mr. Duane Belt, 58 Blossomcrest Road, Mr. Alphones H. DesRoches, 57 Blossomcrest Road, Mr. Robert E. Byrne, 77 Wellington Lane Avenue were all in favor of it. Mrs. Frank J. Sanderson, 5 Meadow Brook Avenue - In favor of road but not sewer. Mr. & Mrs. William E. Spinney, 87 Blossomcrest Road - Did not state whether they were for or against this road. They asked questions re- garding proposed sewer. 9:59 P.M. Lake Street - Mr. & Mrs. Thomas Driscoll, 11 Lake Street Very much in favor. Mr. & Mrs. Joseph H. Jeffrey, Jr., 6 Lake Street - In favor of it. Mr. Andrew J. Farago, 4 Lake Street In favor of it. 450 (cont.) Lake Street - Mr. Royston T. Daley, 2243 Mass. Avenue - In favor of it with reservations that granite curbing be installed at Mass. Avenue. 10:00 P.M. Payson Street - Mr. & Mrs. Amelio J. Bertelli, 4 Payson Street - In favor. Mr. John Fahey, 12 Payson Street - In favor. Mary A. Beiner, 10 Payson Street - In favor of the road if Grassland Street could be built. Mr. Cole explained that it was too late this year to build Grassland Street. Mr. Anthony Sacco, 23 Bridge Street, Mr. John C. Belcik, 14 Payson Street were in favor of the road. Dr. & Mrs. Francis Huneeus, 30 Grassland Street, Mr. & Mrs. John Perry, 24 Grass- land Street were opposed to the road. 10:02 P.M. Philip Road - No one appeared. 10:03 P.M. Valleyfield Street - from Bridge Street 1240+ feet southerly Mr. & Mrs. William G. Hooper, 50 Valleyfield Street, Mr. & Mrs. Francis J. Rosa, 58 Valleyfield Street, Mr. & Mrs. Anthony Gelzinis, 73 Valleyfield Street, Mr. & Mrs. Joseph F. Cichy, 222 Cambridge Street, Woburn - owners of Lots 81, 82, 83 Valley- field Street were present and in favor of the road. 10:08 P.M. Laconia Street - Mr. Solomon Samourian was not able to attend due to illness but wrote a letter to the Board of Selectmen giving them power of attorney to vote in favor of Laconia Street. He lives at 120 Laconia Street. Mr. & Mrs. Salvatore Ferraguto, 145 Laconia Street, Mr. George Morey, 49 Ridge Road, Mrs. Eli Seymourian, 118 Laconia Street, Mr. & Mrs. Howard B. Dempsey, 119 Laconia CO rn 1 (cont.) Laconia Street- Street, Mr. John Meurer, 45 Laconia Street, Mr. & Mrs. Thomas -J. Passanisi, 135 Laconia Street, Mr. Donato L. Mazzola, 136 Academy Hill Road, Brighton owners of Lot 9 on Laconia Street, Mr. .& Mrs. Douglas Maxner, 124 Laconia Street were all very much in favor of the road. 10:40 P.M. Mr. & Mrs. Diran M. Semonian, 504 Lowell Street - Not in favor of it. Mr. Paul Rosa, 500 Lowell Street - Definitely opposed to it. He stated that paving this road would create nothing but a drag -strip. Mr. & Mrs. Paul W. Spellenberg, 125 Laconia Street - Also opposed to it - stated that road will create a speed -way. Mrs. Katherine M. Spellenberg, 498 Lowell Street - Opposed to this road. r. Cole declared hearing closed. Alice Stringos, Clerk' 451 465 SELECTMEN'S MEETIIIG - January 28, 1967 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday, January 28, 1967, at 9:00 A.M. Chairman Cole, Messrs. Burnell, Cataldo and Sheldon were present. Mr. Gray, Executive Assistant, Mnd Miss Murray, Executive Clerk, were also present. The Chairman reada letter from Leslie H. York, Chairman of the Town Meeting Members Association, asking the Boardto make a decision on possible run -over dates after the initial March 20th Towr-i+teeting. Town Meet - Upon motion duly made andseconded, it was voted ing dates to holdadjourned aessions, if necessary, on the follow- ing dates: Wednesday, March 22, Monday, March 27, Thurdday, March 30, Monday, April 3. The Chairman reported that the- Flemming -Board has decided that it is in favor of holding a Special Town Special Meeting in June. The Board, at --a previous meeting, Town Meet - voted to hold a Special Town Meeting on June 5, 1967. ing The Chairman read a letter from the Board of Fire Commissioners in regard to'a bargaining agent for Local 1491 of the International Association of Fire Fighters. The Commissioners submitted a list of re- quests presented to it and the Commissioners' comments as listed below: 1. That the Town clearly designate its collective bargadmang agent,. The Board of Selectmen agreed to designate the Board of Fire Commissioners as the bargaining agent. 2. The Town recognize Local 1491, International Associ- ation of Fire Fighters as bargaining agent for the fire fighters. (The Commisd.oners recommended affirma- tive action.) The Chairman said the Board of Selectmen says it does. 3. Proposed salary schedule be made available to fire fighters. (The Commissioners have supplied the bargaining bargaining agent with these figures.) 466 4. There be no freezing in step if a new salary schedule is adopted.. The Chairman said the way it is recommended, there is no freezing in step. 5. Ten paidholidays be granted fire fighters, even though some of these may fall on Saturday. (The Com- missioners recommended affirmative action.) The Chairman said the fire fighters get the same number of paidholidays as the other Town employees. Mr. Cataldo asked if this was for this year, and said. the Board could agree to those things for this yea Mr. Gray said this is on an annual basis: Mr. Sheldon said it .should be made clear the anything agreed upon is on an annual basis; that Phe Board. is trying- to -treat all employees in the same manner and this is the Town's policy.. 6. Three weeks' vacatur.he granted after eight -years'' employment and, four week's after fifteen years.. (The Commissioners recommendad- negattra action,>but•would. recommend three weeks -E vacation after ten, years and four weeks after twentyyears. However, if there is. a change is vacation.pi1try for all Teen employees) they would nae+e ma d•;t.o.the bargaining agent that', the fire fighters comply. Upon motion_ daly_made and_ seeend.ed, it was .voted m, to grant thraa ws+- vacattcmr for lien years employment and four weeks-vacat thu- for twenty years' employment forailTown employees. 7. Policy relatime to time offfor a death..in. a._Pamily to be clarified. (At__present the Commissioners are adhering to the Fvans'_report.) The Selectmen felt that -the. Evans' report was clear and agreed to remain with this policy. 8. Firefighters' gear (helmets, coats, boots, etc.) hhould be supplied by the Town and exempted from the clothing allowance. (The Commissioners recommend affirmative action.) The Chairman said.a suer of money- is available each year per man. It was agreed that the Town would continue to furnish all necessary equipment as it has in the past; the method of accounting of paid equipment to be left in the hands of the Fire Commissioners as is being done now. 467 The Chairman read a letter from Richard Pi... Perry, .Comptroller, requesting recuubldei-tion and possible classi- fication of his position to 5-27-C. Following discussion of the subject, motion was duly made and seconded, itwas:unanimously voted to classify the Comptroller as S -26-D. At 10:10 A.M., Mr. Vincent Hayes, Chairman of the Re- creation Committee, and Mr. Bertini, Recreation Director, met with the Board. Mr. Hayes said discussion had been heldrelative to going into new areas and creating another area. The Com- mittee feels it should do more with Baskin field in order to make a suitable playground. In light of the fact the Committee does have under study now, with the Planning Board, a long-range plan, it would just assoonpropose to fill an area at Baskin field.. Article Upon motion duly madeand seconded, it was voted to insert an article in the warrant for loaming and seeding the Baskin playground. Mrs. Morey came into the meeting and presented each member of the Boardwith a copy of the revised General By -Laws. It was agreedto include an appropr1ati.on in the article in the warrant for the acceptance of the By -Laws. Miss McDonough , Town Clerk and Treasurer, met with the Board. Miss McDonough had written to the Chairman under date of January 16, 1967, requesting $9,300 for Town Clerk and $2,000 for Town Treasurer. The Chairman asked if she would object to being Town Clerk only. Mr. Cataldo asked if $9,300 would be acceptable if the positions were separated. Miss McDonough said if -she did not have the Town Treasurer, she would want $10,000 for Town Clerk. The Chairman suggested: $9,800 for Town Clerk and $1,500 for Town Treasurer. The Chairman asked how she felt about keeping both jobs, and Miss McDonough replied she does not want to keep both jobs. The Chairman asked, how many hours a week were devoted. to work of the Treasurer. Miss McDonough replied Saturdays is mostly Treasurer's work. Mr. Sheldon asked why it had to be Saturdays, and if someone else was doing it, how many hours a week would be involved. Miss McDonough replied if they had nothing else to do but that, it would take - - (She didn't finish). 468 Mr. Cataldo said if the Town goes into data processing, this would take some of the load aff, and asked how big a Treasurer's office she would say-. Miss McDonough repliedit is hard to say. If the data processing takes off all the eheek-making and earning records, then there is all the Blue Cross, not only deductions but reports. The Chairman said sooner ar later -these lobs will have to be separated. He asked 'fines McDonough had any immedi- ate reaction if the opportunity presented itself this year on splitting these two jobs. Miss McDonough said there would be a big problem when it is split. There have been two departments that have been actually one. It will take six months to divide the Town Clerk and Town Treasurer work. Mr. Cataldo said the Board would let the figures go at $9,800 and $1,500. Miss McDonough said she would think about it over the weekend andthat $9,800 is way out of line with what other department heads are getting. She said the Fire Chief, Police Chief and Town Clerk and Treasurer were always the same. Mr. Cataldo suggested that the approach for this year be the Town Clerk and Town Treasurer as one. If a split does take effect the following March, the Board can submit to Town Meeting what Miss McDonough felt it should be. The Chairman pointed out that the salary review board only covers the individuals under the Selectmen's juris- diction. Miss McDonough said that was true and asked what about Salaries the elected officials. Miss McDonough said the Boardwas saying if the job is separate, she would be satisfied with $9,800. Mr. Cataldo said if anything happens and next year Miss McDonough ran only for Town Clerk, what would she ask for. Miss McDonough replied she does not know what she would come in for. The Chairman asked, assuming all things being equal, would $0,80Q and $1,50.0 be agreeable. Miss MCD© h replied that would be $11,300 - yes. She asked about10,000 and $1,300. Mr. Cataldo said if she would feel better, the Board could leave it at $10,000 for Town Clerk and $1,500 for Town Treasurer. Miss McDonough said all right and retired at 10:55 A.M. 469 The Chairman asked. Mr. Grayato talk to Miss McDonough about the rates in her budget for clerical help and to tell her that they are to stay in their category and go up their regular step. In going over the Assessors' budget, the Chairman said there is no change in part-time jobs. The Salary Assessors Review Board will study all part-time salaries next year. It was agreed to have the Cemetery Commissioners meet with the Board next Monday evening. The following action was taken on 1967 budget requests: Department Selectmen's - Personal Clerical Pool - Expenses Selectmen's - Expenses Out of State Travel Fire & Police Medical Director of Guides Town Clerk & Treas. - Expenses Vital Statistics Town Clerk & Treas. -Out of State Foreclosure & Redemption Parking Meters Truetbes of Public Trusts Board of Appeals - Personal Board of Appeals - Expenses Planning Board - Out of State Insurance Insurance - Municipal Property Town Report Elections - Town Clerk Board of Registrars - Personal Board of Registrars - Expenses Appropriation Comm. - Expenses Town Celebrations - Expenses Historic Districts - Expenses Conservation Commission - Expenses Recreation - Personal Services Recreation - Expenses Capital Expenditures - Expenses Standing School Building Comm. Collector - Personal Services Collector - Expenses Collector - Metered Mail Comptroller - Expenses Requested Approved 33,042.00 $ 35,142.00 5,000.00 5,000.00 6,430.00 6,430.00 350.00 500.00 500.00 500.00 1,000.00 1,000.00 2,915.00 2,915.00 100.00 100.00 400.00 400.00 150.00 150.00 60.00 60.00 400.00 400.00 2,603.00 2,603.00 2,000.00 2,000.00 200.00 200.00 68,000.00 68,000.00 68,000.00 68,000.00 1,700.00 1,700.00 885.00 885.00 4,478.00 4,478.00 1,463.00 1,463.00 3,200.00 3,200.00 5,300.00 5,300.00 975.00 975.00 750.00 750.00 25,043.00 25,043.00 8,035.00 8,035.00 75.00 75.00 500.00 500.00 11,799.00 11,799.00 2,275.00 2,275.00 3,200.00 3,200.00 2,965.00 2,965.00 470 Department Requested Cpmptroller - Out of State Travel $ 250.00 Assessors - Expenses Assessors - Professional Services Assessors - Out of State Travel Board. of Health - Personal Board of Health - Out of State Board of Health - Engineering Animal Inspection - Personal Rabies Clinic Dental Clinic - Personal Services Dental Clinic - Expenses Police - Personal Services Police - Expenses Fire - Personal Services Fire - Expenses Ambulance Fire - Out of State Travel Civil Defense - Personal Services Civil Defense - Expenses Civil Defense - Out. of State Travel Inspection - Out of State Travel Inspection - Expenses Weights & Measures. - Personal Ser. Weights & Measures - Expenses Public Works - Personal Services Sup't. Public Works - Personal Engineering - Personal Park Department - Expenses Public Welfare - Personal Public Welfare - Administration Public Welfare - Aid & Expenses Public Welfare - Disability Expenses 2,400.00 Public Welfare - Aid. to Dep.Childeen31, 00.00 Public Welfare - Old Age Assistance 18,000.00 Public Welfare - Medical Assistance10$,09.60 Veterans' Benefits - Personal 5,392.80 Veterans' Benefits - Expenses 704.00 Veterans' - Aid. & Expenses 20,000.00 Graves Registrations 350.00 2,975.00 4,000.00 200.00 13,909.00 250.00 500.00 1,270.00 1,030.00 7,420.00 00.00 397,933.00 54,115.00 406,293.00 42,660.00 650.00 500.00 9,890.00 11,725.00 275.00 200.00 1,460.00 1,500.00 545.00 482,969.00 60,303.39 75,988.00 29,130.00 12,497.0o 25.00 9,000.00 It was agreed to have the meet with the Board to discuss 1967. Upon motion duly made and to adjourn at 12:30 P.M. A true record., Attest: Approved $ 250.00 2,9$5.00 4,000.00 200.00 14, 225.00 250.00 500.00 1,270.00 1,030.00 7,420.00 800.00 399,159.00 51.,115.00 388,211.00 41,720.00 650.00 500_.00 9,890.00 11,725.00 275.00 200.00 1,460.00 1,500.00 545.00 479, 0!12.00 62,369.00 75,988.00 34,780.00 12,497.00 625.00 9,000.00 2,400.00 31, 00.00 18,000.00 108,000.00 4,893.00 1,454.00 20,000.00 350.00 Cemetery Commissioners budgets on Monday, January 30, seconded, it was voted 452co SELECTMEN'S MEETING January 30, 1967 Jurors A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 30, 1967, at 7:30 P.M. Chairman Cole, Messrs. Sheldon and Cataldo were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendait of Public Works, and Miss Murray, Execu- tive Clerk, were also present. At the request of Miss McDonough, Town Clerk, three jurors were drawn. Those drawn for jury duty were Lloyd S. Beckett, Jr., 112 Burlington Street; Arthur Bergstrom, 8 Kimball Road; B. Frank Herr, 38 Eastern Avenue. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for location of one pole on Bedford Pole Street. location Notices of the hearing were mailed to the peti- tioners, owners of property as listed on the petitioners' plans and also filed with the Superintendent of Public Works. Mr. Pratt, representing the Boston Edison Company, was the only person present at the hearing. He stated this is an existing pole and the ownership is being transferred to both the Boston Edison and the New England Telephone Company. Mr. Dunn, representing the telephone company, called the office and stated this is just a transfer of paper work and it is an existing pole. No one wishing to speak in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following JO pole: Bedford Street, northeasterly side, approximately 312 feet northwest of Harrington Road; (One pole.) 1 453 Mr.. Legro stated he had a bill of sale of seven poles to the Boston Edison Company on the Diamond Junior High School land, authorized some time ago by Town Meeting. Sale of He explained the instrument was not in satisfactory form Edison pole when submitted by the Boston Edison Company. He said the form he submitted has been received today approved by the Boston Edison Company. He said this is a sale of poles for $529 in which the Town reserves the permission to use the poles for fire alarm wires. Upon motion duly made and seconded, it was voted to execute the instrument as presented by Mr. Legro. (All copies were taken by Mr. Legro). Mr. Gray stated he received a letter from Alfred Buse requesting the Board to approve lowering of the bond on Circle Road. He reported Mr. Carroll has Circle Rd. estimated the value of the work to be done to be $1,000 bond and recommended that the bond be reduced to $1,000. Upon motion duly made and seconded, it was voted to grant Mr. Busa's request and approve lowering the bond to $1,000. With reference to the insurance commissions for 1966, Mr. Gray said the final policy of 1966 was paid the premiums and the commissions can now be paid. He said there was a change and one Selectman mentioned Insurance an insurance agency at Countryside. He reported he commissions checked on this and found the agency was opened in September of 1966 and the agency is eligible. Upon motion duly made and seconded, it was voted "to approve full shares to the existing agents on the list and one-third to the new Agent.", Mr. Gray said the Traffic Study Committee recom- mends to the Board of Selectmen that the Board request the State to approve the Stop signs at the corner of Worthen Road and Massachusetts Avenue as they are pre- sently erected. The Chairman asked if the Committee felt there is public acceptance of this now. Mr. Gray replied complaints were received from people who are not happy about it. The State will study it if the Board submits to the State a complete report on this intersection with request, substantiated by accident rate, traffic columes, etc. He said the opinion of the committee is unanimous and it feels the State should study this. Stop signs 454 Mr. Carroll said he thought the State recommended, on a preliminary investigation, that the signs be placed as they are now. If the State DPW gets involved, the Town will find out soon enough whether or not this is the right way to put these signs. Mr. Sheldon said the important action is to have the State make a study. Mr. Carroll said he would ask the State to accept the signs as they are now. He explained if the State says it will not accept the signs as they now are, they will automatically go back to what they were before. He said only one accident has occurred here as the signs now are. Before the signs were changed, there were six or seven over a period of two years. Mr. Cataldo asked when the study would be completed, and Mr. Carroll replied in about two months. Upon motion duly made and seconded, it was voted to leave the signs in the present location, and to request. the State to have them approved or disapproved. Mr. Carroll referred to Chapter 679 of the Acts of 1965 and said the Town received $51,000. He said there has already been assigned, through Town Meeting, all but Chap. 679 $17,550.00, to Massachusetts Avenue and he has asked the funds for State if this could be applied to the reconstruction of Blossom St. Blossom Street, the cost of which was estimated in his budget to be $20,000. He said he was recommending that the Town apply for the remainder of this money. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to make application to the Department of Public Works for permission to apply the remaining balance to be used for the reconstruction of B.&ssom Street. Mr. Carroll referred to the aerial bucket in his Road Machinery budget. Mr..Sheldon said he understood if Mr. Carroll wanted the bucket he felt in order to dispose of the extra tree Aerial limbs he would need the chipper. bucket Mr. Carroll stated that is a matter of o jinion. He said if the Board approves the bucket, he would suggest that it forego one of the tractors in the budget. Mr. Sheldon said Mr. Carroll wants the bucket and he gathered he was not over enthusiastic about the chipper. Mr. Carroll said he felt he could get the bucket this year and get the chipper next year. He said Mr. Mazerall feels he needs the bucket and Mr. Carroll agreed with him, that he does need it. He said if the issue of the chipper 1 455 is important, he would rather forego the purchase of the tractor he was going to buy for the Park Department, get the chipper and the bucket. Mr. Cataldo said he discussed this with Mr. Mazerall who agreed the only area he could stand on with the argu- ment he gave, was that it was safer, and even with this, whoever is working in that bucket will have to know what he is doing working around the wires. He said he could mot see this as a piece of equipment that will save the time everyone is talking about saving. He said if Mr. Mazerall was serious about the two tractors, he was serious and how does the Board take them out. He said he was not about to tell him what equipment to buy or how to run his department, but this is not the piece of equipment to buy to save time and get more work done. He said there are places in which to put the same amount of money and save more time. Mr. Carroll said Mr. Mazerall showed him trees around town that need pruning and he had not been able to get to them because of the present methods. Mr. Mazerall feels he will be able to get to these trees that have badly decayed limbs. Mr. Mazerall cannot get men willing to go between the wires any more. Mr. Cataldo said to think of the tree cutting being done now. This piece of equipment would be used half an hour for two weeks on the type of work being done now. He said his position is that there are many things that can be purchased to save time. Mr. Sheldon asked how much the chipper would cost, and Mr. Carroll replied $4,000. Mr. Cataldo asked how much it would cost to keep the truck another year, and Mr. Carroll replied it needs a new motor. The Chairman suggested that a copy of the data sub- mitted by Mr. Carroll be sent to Mr. Burnell and Mr. Mabee and to hold this over for next week. Mr. Donald Wilson, 32 Fern Street, and Mr. Allen Wilson, met with the Board. Mr. Donald Wilson acted as spokesman and said they have some property at 556 Massachusetts Avenue in a single-family zone. The area is two-family zone from Arlington Heights to Maple Street with the exception of about 1,000 feet, and somehow this 1,000 feet is single-family zone. They want to take the house down because it is beyond repair and put Wilson re up a Colonial Brick -front entrance so that it looks like re -zoning a single family house, but it will be a two-family house. He stated they asked the Board of Appeals for this and felt they should be able to do it. That Board sent him a letter that the zone be changed from R-1 to R-2 and he asked if this could be done at the June Town Meeting. The Chairman advised Mr. Wilson that he should discuss this with the Planning Board and it could put in the article for him. If the Planning Board refuses, he could insert citizens' article which would require 100 signatures. Mr. Cataldo said the Selectmen said they would talk to the Planning Board themselves. Mr. Sheldon said he thought the proper redress is for Mr. Wilson to go to the Planning Board and the Select- men should express their feelings when all members of the Board are present. Mr. Wilson referred to the stand on Pleasant Street and said they feel they are too close to the street and should move back another thirty-five feet. He asked if Pleasant Street is widened in the future, what the proper widening would be. Mr. Carroll said he did not know the present width, but thought it was fifty feet, and the travelled way is Pleasant probably thirty feet. Street Mr. Wilson said once they move back they will be widening back sixty-five feet and asked if in the future, they would lose ten or twenty feet. The Chairman said he thought it would be presumptuous of this Board to say what a future Board is going to recommend and it would be purely a guess. Mr. Carroll said he thought the maximum layout would be seventy feet and more likely fifty feet. The Chairman said all the Board could tell Mr. Wilson at this time is there are no immediate plans. Mr. Cataldo suggested there may be some merit in Mr. Wilson discussing this with the Planning Board the same time he talks about rezoning. The Wilsons retired at 8:15 P.M. The Chairman read a letter from the Planning Board agreeing to withdraw the zoning re -codification article at this time, it being understood that this will be inserted in the warrant for the next town meeting following the June, 1967 Special Town Meeting. Mr. Cataldo suggested that the Selectmen make it clear to the Planning Board that there will be no fall Town Meet- ing except for some unforeseen emergency. 457 Letter was received from Mrs. Rich, Collector of Taxes, pertaining to partial release of betterments on properties taken by the State and owned by Sheldon R. and Selma L. Roen and Philip L. & Ruth Gordon. Partial re - Mr. Legro reported he had written to the attorney lease of for one party and to the other party and to the Board of betterments Assessors for information the Selectmen should have to make a determination. Memo, dated January 26, 1967, was received from Alexander Zaleski with reference to Augustus Road. Mr. Legro reported he had been in touch with the bonding company and there are signs of progress so he is hopeful that without being forced to take legal action, Augustus this can be constructed as soon as weather permits Road A Mr. Cronin, present at the hearing, said it was the junction between the paved road and the unpaved road. He asked if it could be done in Ma*ch. Mr. Carroll replied they could not finish that until May. He said he would speak to the contractor. Mr. Cronin asked how long legal action would take. Mr. Legro replied it is very difficult to tell and his guess is it would take between six months and a year and if the bonding company's hand can be forced and get someone in there to do the work, it will be much better. He said he did not think he could get this heard and determined before the summer recess. The Chairman said Mr. Carroll would check to see if anything can be done on a temporary basis. Letter was received from the Bedford Selectmen inviting the Board to attend their meeting in Bedford on Wednesday, February 1, at 8:00 P.M. to discuss the Bedford sewer contract. sewer The Chairman said he would be unable to attend due to a previous commitment and he thought it would be im- possible to get a majority of Lexington's board for Wednesday. Mr. Cataldo said he did not think Lexington should have to go to Bedford, and this should be discussed at a Lexington's Selectmen meeting. It was agreed to invite the Bedford Selectmen to meet with the Board next Monday evening. Letter was received from Robert A. Rissling, 230 Follen Road, relative to damage caused by what he claimed to be a blockage in the Follen Road sewer. 458 Claim - Mr. Carroll said he has given a report to Mr. Follen Rd. Legro. sewer The Chairman asked to have a copy of Mr. Rissling's letter sent to Mr Legro. The Chairman read a letter from Evert N. Fowle, 12 Winthrop Road, suggesting construction of a sidewalk along the side yard of Vine Brook of the premises of Vine Brook 11 Winthrop Road, and an improving of the existing side - Road side- walk along the rest of Vine Brook Road. walk Mr. Carroll said the suggestion had merit, but at the same time, it might be wise to look at the other corner of the street because the hedge that is a sight problem is twenty feet out onto the Town way. He said it could cost between $750 and $1,000 to construct 250 feet, but he thought the whole street should be analyzed It was agreed to advise Mr. Fowle that Mr. Carroll will analyze the entire street, and following his investi- gation and report, the Board would arrive at a decision and so advise him. Upon motion duly made and seconded, it was voted to Pole & grant the petitions and sign orders for the following conduit pole locations: locations Woburn Street, southerly side, approximately 8 feet west of Lowell Street, -- One pole. Brigham Road, northwesterly f um Hancock Street, a distance of about 1,505 feet, - conduit. Letter from David W. Ryder, 10 Parker Street, relative Traffic to traffic at the intersection of Massachusetts Avenue and Worthen Road, was referred to the Traffic Study Committee. Notice was received from the State Department of Public Works, relative to a hearing to be held on March 9, Kiln Brook 1967, at 10:30 A.M., 100 Nashua Street, on the construction program in waterways areas. Mr. Carroll said he thought he should attend and that the Town should go ahead at this time and complain about the Kiln Brook. At 8:35 P.M., the Cemetery Commissioners met with the Board to discuss their 1967 budget. Messrs. Sherman, Graham, Grant and Mrs. Healy were present. The Chairman asked if the backhoe requested would eliminate the need for two new labor equipment operators. Mr. receive and are Mr. and Mr. pulling die. He 'round. Mr. to do it Mr. work has dozing a and raki Mr. 459 Sherman said they would prefer immediately to Cemetery the backhoe. However, they do need more space budget beginning a program to develop the cemetery. Cataldo asked what type of work they are doing, Sherman replied filling in, more cutting, stump and operating the cemetery for people when they said they would be doing cthls work all year Cataldo asked if he thought this was the way rather than to go in with heavy equipment. Sherman replied most of the heavy equipment been done. He said they do not need any bull- nd he was talking about grading, seeding, filling ng. Cataldo said the Board knew this equipment would free up a large number of man hours and with this piece of equipment it would free up the equivalent of two men. Mr. Sherman said a survey he made showed this is the only cemetery in the State that does not have such a machine. Mr. Cataldo said there is no objection to the backhoe, and the only reason the department does not have a backhoe is the 6emetery Commissioners did not want it. Mr. Sherman said if the Board would approve the backhoe, the Commissioners may be able to agree to one man, but he felt they do need the other man.. He said he wanted the Cemetery men to maintain the cemetery with- out calling upon the Park Department. Mr. Sheldon asked if the extra man would reduce the overtime. Mr. Sherman said that has nothing to do with the overtime. Mr. Cataldo said there is no question about the backhoe, but it should affect the other -articles in the budget. The Chairman said the Board has never approved the summer health program. Mr. Sherman said the Commissioners know they must develop and begin to develop immediately if the cemetery is to be maintained. The Chairman asked, based on past experience, how much land they have there now. Mrs. Healy said there are forty-three acres but only fifteen acres are developed, and of the fifteen 460 acres, the lots are not laid out. She stated there are lots available for the next five years. Mr. Cataldo said the Commissioners should come back when they find out what they are going to do. He said there is no question but that the backhoe should be pur- chased, but he did question the two additional men at this time. Mr. Sherman asked for one man for this year. Action by the Board was deferred until Monday night. The Cemetery Commissioners retired at 9:03 P.M. Mr. Leslie York, President, and other members of the Town Meeting Members Association, met with the Board. Mr. York stated they had just met with the School Committee and asked if it would reconsider putting the article for kindergartens in a separate article from Article 4. He said his group had been contacted, not in its regular meeting. He said they have not had an official meeting but polled the people by telephone and talked to eighteen members at this point. Of the eighteen there are thirteen who would favor coming back and asking that consideration be given again to putting in a separate article for the Town Meeting to vote on as far as the kindergarten situation is concenned. He said they are in no position, or do not infer they are in favor or not in favor of kindergartens. He said their position is they would like to maintain the same procedure as they have in the past when it comes to an article of this magnitude. Mr. Sheldon asked what the School Committee said, and Mr. York replied tonight was not one of the Com- mittee's posted meetings. There were only four of the five present and could not give an answer. He said he Left them with the fact he understood the warrant will be signed a week from tnnight, and he said he thought that was what would happen, and asked if the committee did have an official meeting that it consider this. He said his feeling was the School Committee would continue its policy. He is approaching the Selectmen on the basis that if he did come to the Board in this there might be reconsideration on the Board's part. He said they would like to see the opportunity given to the Town Meeting members to vote on a separate article. The Chairman said he assumed the group was aware of the fact the Selectmen made the original request for 461 a separate article. Mr. York said he felt it was courtesy to give them one more opportunity. He said he felt an amendment to Article 4 is a negative approach to this problem. A Mr. Whitman said he was not polled and he knew of no record of this vote of thirteen to five. A Mr. Gallagher said he was not polled. Mr. Butters said he believed he knew of six people who were not polled. Mr. Gallagher said he felt his committee should have discussed this and had a vote and had a chance to discuss the pros and cons on this. He said it depends on who calls up and how it is presented and it is his feeling that the committee is not in a position to make any defi- nite recommendation at this time. He said he found there are many who agree with him. Mrs. Morey said it was her feeling, from the meeting at Mrs. Flynn's house the other night, everyone was very much concerned. She was asked if she was in favor of doing this and by showing up she thought she was indicating she was in favor. The Chairman said he received a group of signatures requesting the Board to have a separate article, and if this is a citizens' article, it is out of order because the warrant is closed. Mr. Tryon said it seemed to him the real issue is whether the Town Meeting is going to have a democratic process or not. He said it seemed to him a separate article is a neceatty if a democratic process is to be preserved. The Chairman said the School Committee could put in whatever it wants in the educational program and that being understood if a separate article were in, there would still be Article 4 with everything in it the Committee wanted. Mr. Cataldo said the Selectmen were of the position they have the right to split the School Committee's budget. He said the Selectmen were not reducing it, and with a separate article all the Board would be doing is separating the items and not reducing the budget. He said -the Board would take the Committee's figures in Article 4 and put them in a separate article. That would not be voting them twice. The Chairman said the Personal Services could not be taken out. 462 Mr. Cataldo said according to Town Counsel, the Selectmen have every right to do this using the Committee's figures in its budget. Mrs. Morey said kindergartens would be divided under Personal Services, Expenses and other places. Mr. Cataldo said each amendment will haveto be amended down. He explained the Selectmen are not reducing the budget, but Town Meeting has the right to reduce it. Mr. Brown asked if the dollars amount for kindergartens was separated by amendment and turned down, couldn't the School Committee implement the kindergartens within the budget that remains. He said all that is being done is the members are not having an opportunity to vote kinder- gartens per se. Mr. Cataldo said if the Town Meeting voted kinder- gartens down and the School Committee had kindergartens, there is definitely something wrong. Mrs. Morey said the figures in the Appropriation Com- mittee report will be the figures the Selectmen and Appropri- ation Committee arrive at; that is the way it has always been done. The Chairman said, as he understood it, the School Committee has every right to expect the figures it presents will be presented. Mr. Legro said it does not stand as a matter of right that the School Committee will have its figures presented by anyone else. It will be present to see that its figures are presented to the meeting. Mr.. Cataldo said the Appropriation Committee has the right to reduce the figures and a separate article is not reducing the budget; if is separating the budget. Mr. Legro said he did not think the Board would find any decisions relating to kindergartens; whether the School Committee has the right to use other funds for kindergartens. He said it is his opinion the Committee could use the total budget and apply a portion of it for kindergartens if it so chose. He said the Board is dealing largely here with a question on which the Courts have not spoken, and the Board may find a variety of opinions on the subject and the Best' its-- ati .get issa bpiniont'imtiis tine Shprem'e Judicial.?:.e Court speaks. Mrs. Marvell asked if the Selectmen or anyone else had spoken to the School Committee of the image it willqcreate for Lexington and what it will do to the property value 463 of the Town. She asked what image the schools would come off with if such a thing happens. She said she understood if funds are deleted from the school budget, it will very likely go to court. The Chairman said this had not been discussed with the committee. One individual said he understood Mr. Fisher to say people have approached the School Committee and said they, on their own initiative, would do this. The Chairman said the best the Board could do tonight, with two members absent, is to say that the other members of the Board will be made aware of these comments. Mr. Adams said he was with Mr. York in the statements he has made and urged that every effort be made to include an article in the warrant. The Chairman said it was the Board of Selectmen who originally asked the School Committee to put an article in. Mr. Cronin said there is more than one democratic process; the State Legislature has given the School Com- mittee its autonomy. He said he personally believed in Town Meetings,but he did not believe in Town Meetings making educational d,dcisions. The Chairman said he did not believe anyone said it was the only democratic process. Mr. Cataldo said the Legislature, in its wisdom, did not see fit to include kindergartens in its autonomy. Mrs. Harvell said it is not the Town Meeting Members' function to vote on kindergartens. The function of the Town Meeting is to vote on money. It is asked to appropri- ate money. She said they do have to appropriate money for the School Department and are being asked to vote on the money involved. The group retired at 9:40 P.M. The Chairman said the Board received a copy of a letter from Mr. Sussman to Mrs. Joel Orlen relative to a wild life area on property at the end of Highland Avenue believed to Wildlife be owned by Mrs. Ashley. He said he would have a copy sent area to the members of the Board. Letter was received from the Planing Board requesting that the date of the Special Town Matting be postponed until Special the approval of the Attorney General of the recodification by-law has been secured. Meeting 464 The Chairman explained the letter is no longer valid. Further consideration was given to the American .egion Legion's request for permission to use Parker Field for Nair the Post's Third Annual Lexington Country Fair over Labor Day weekend, 1967. Upon motion duly made and seconded, it was voted to grant permission for the Fair with the understanding that no set-up work will be done after nine o'clock at night, and no activities will continue after eleven o'clock at night, and further to deny permission for a livestock show. Upon motion duly made and seconded, it was voted Sewer to sign an Order for the installation of a sewer main Order in Westwood Road from Adams Street a distance of 870 feet, southerly. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings held on January 23 and 2S. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion with Town Counsel pertaining to kindergartens and submission of apprais&as by Mr. Gray relative to the New Amsterdam, Pihl and Murphy properties, and report from Mr. Cataldo relative to the Minute Man Park Realty Trust, report from Mr. Gray in regard to the Lexington Motor Inn, it was voted to resume the open meeting. Following discussion pertaining to the Lexington Motor Inn, it was unanimously voted to rescind the vote Liquor of January 9, 1967 granting a liquor license to the license Lexington Motor Inn which was subject to approval of the Alcoholic Beverages Control Commission. Upon motion duly made and seconded, it was voted to adjourn at 10:40 P.M. A true record, Attest: t /Clerk, Selegen N CI 471 SELECTMEN'S MPRTING February 6, 1967 A regular meeting of the Beard of --Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, February 6, 1967, at 7:30 P.M. Messrs. Burnell, Cataldo, Sheldon and Mabee. were present.• Mr.Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr.. Carroll, Superintendent of Public Works, and Miss Murray, Execu- tive Clerk, were also present. Due to a previous commitment, Mr. Cole was unable to attendthe meeting, and Mr. Burnell acted as Chairman in his absence. Mr. Legro said he had a partial releasee of land from a sewer betterment assessment --that the Board re- ferred to him. The parcels involved are No. 13-3, Sheldon R. & Selma L. Rosen, 37 Peacock Farm Road, Partial having a balance of $745.11,and parcels 13-4 and Release 13-D-1, Philip L. and. Ruth Gordon, 35 Peacock Farm Road, having a balance of $521.12. Upon motion duly made and seconded, it was voted tp execute the partial releases prepared by Mr. Legro who said he hada little further checking tondo with the Assessors and would hold the executedinstruments until he completes his check. Mr. Gray reported receipt of a bill in the amount of $621.00 submitted by Mason and, Frey for landscape architectural services for design studies for Massachu- Architects setts Avenue, Lexington Center. He explained the bill bill has been approved by the committee. approved. Upon motion duly made and seconded, it- was voted to approve the bill, in the amount of $621.00, and to authorize payment. Mr. Gray reported receipt of a letter from Richard E. and. Patricia P. Filipowski, 10 Round Hill Road, relative to the acquisition of a tax title lot on Round Bill Road which abuts their respective properties. They want to Tax title acquire this lot to prevent anyone else from purchasing it and building a house. He said he checked with Mr. Zaleski and the Planning Board has ne objection to the sale of the lot subject to the restrictions agreedto by the respective purehasers. Mr. Sheldon said he thoughtselling the lot to the abutters was an excellent idea, but he also thought it should be advertised, as had bean the Board's policy in the past. 472 Sidewalk Mr. Cataldo asked Mr. Carroll'wimmt-ralation this lot would have in connection with Mrs. Chn's mer problem. Mr. Carroll replied he did not think this lot will be involved in solving: the problem. Upon motion duly made and seconded, it was voted to advertise the offer and to notify the interested parties that it is being advertised. Mr. Carrell referred. to letter received by the Board from Evert N. Fowle,12 Wiutbrop- Roma,- requwating..the con- struction of a sidewalk on Vine Brook Road, near Winthrop Road. He said he looked at the whole street,and in addi- tion to the sidewalk that would have to be constructed, across Mr. Stevens' property, there would be a sidewalk about 300 feet in length. toward Sherburne Road. He stated other than that, the rest of the sidewalk is paved andin fairly good condition. He statedhe was talking in the vicinity of $1500 to do the entire stretch.to complete the street, and.. there are no wall problems. 5e explained this would be on the west: side going toward Waltham Street.. Mr. Mabee said there was some mention of a large hedge at the corner of. Wirithrop Road and Vine Brook Road and asked if this was, in Mr. Carroll's opinion, a hazard. Mr. Carroll replied it certainly wouldimprove the situation at the intersection if it were removed or cut down. Mr. Mabee asked if Mr. Carroll thought it was better to see than not to see and slow down. Mr. Carroll': beplted 'Meths a fikttkre aiad .milds' Chet-, question was whether or not the Board wants to increase the amount of the sidewalk budget. Mr. Cataldo asked how many streets in Town did not have sidewalks, and Mr. Carroll replied many, but he did not know the number. Mr. Sheldon asked if, Ln his opinion, Mr. Carroll thought it was necessary to do this sidewalk this year or if it if it could be postponed. Mr. Carroll replied that considering the sidewalks the Board has disapproved, he thought it should be post- poned. Mr. Mabee saidhe was _familiar with the location and it does need to ha done, but he d.idnot think it needs to be done now. The Chairman said this would be an item to be considered in next year's budget. Attorney Peter J. Needha ., repre.se.nting Herbert F. Greene and Georgina Greene, 85.Marrett Road, met with the Board. Mr. Needham said this has to do with the taking of land belonging to the Greener inconnectionwiththe layout of Tricorne Road. He said they have Ile objection and approve of the road being accepted, tAut it so happens Mr. Greene has a house at. 85 Marrett Road and Tricorne Road. There is a proposed taking of some 600 square feet of his land. He said he sent a letter to all members of the Boardlast week andpointed out, in his opinion, the proposed taking of the hurt would greatly exceed any bene- fit to the public generally and he suggested for safe traffic pattern several caution signs approaching the road. Mr. Needham submttted--a plan -entitled "Property Map Town of Lexington, Middlesex County, Massachusetts, James W. Sewall Company, Old Towne, Maine Scale 1 inch = 100 feet." and some pictures taken of the property. He said the taking itself is minimal but his position is, he feels the value of the property would be so greatly diminishedit would hardly be worth taking this prime land.. The Chairman said he assumed Mr. Needham was speaking for any others present interested in this item. Mr. Needham said he Kea only representing the Greenes. The Chairman said the Board would make a decision on this because later in the evening it would be signing the layouts of streets to be presented to Town Meeting for acceptance and. Tricorne Road is i nrl lidAr$ in this list. Be stated it may be eleven er eleven -thirty before the Baord gets to this but the Boardwould advise Mr. Needham after the decision has.been:_made. Mr. Needham said he would just as soon be advised later. 473 Tricorne Roa d At 8:00 P.M., the Bedford Board of Selectmen and Town Engineer met with the Board relative to the sewer contract. The Chairman.asked if..this discussion shouldbe held in Executive Session. Mr. Cataldo asked. if_..the Bedford Selectmen_had kept their discussion in Executive Session, and Mr. Lewellen replied in the negative. The Chairman said if there were no objections, he Bedford would, resume with the open meeting. He said there had Sewer been some correspondence and meetings regarding the sewer problem and. Bedford bad written Lexington a letter giving certaih things Bedford .agreed to and this was answered at some later date. The O a4rmen proceeded to read the letter, dated December 1L., 1966, written. to Bedford. The Chairman asked. if Bedford's Town Meeting was coming up soon, and Mr. Lewellen.repli-ed•in March. Mr. Lewellen said Bedford has an article warning the Town it may consider raising some funds for this but they have been discouraged on this. Since receiving Lexington's 474 letter, they tried to evaluate what it is asking Bedford to do. He said Bedford is being -asked. to spendone million and a half dollars and give up whatever investment it has now. This has slowed them down. He said he thought Bedford has made a very big offer, but Lexington turned it down. He said they have done quite a bit of reviewing with people on this type of thing and most everyone agrees that the joint use meets with most everyone's recommendation except Lexington. He said funds Bedford might expect to take advantage of are tied up always with regional facilities andregional operations. He said the aid that Bedford can get possibly is a very strong incentive and he understood it would be as much as 80%. He said if Lexington and Bedford went their own way, from what he has seen, it seems highly unlikely. Bedford would be able to get aid doing this on its own. If Lex- ington and Bedford went into it together, there is a strong chance of getting this aid. The Chairman asked Mr. Carroll for technical comments. Mr. Carroll saidit is his understanding there is not that much money around on federal aid for sewers at the present time. He said he did not think they woad be eligible for 80%. He saidhe also thought this was not the proper approach to the problem. Mr. Cataldo-•asked where the regional part: came into the proposal Bedford sent to Lexington. He saidthe only regional is the gallons Bedford wants in the force main which would be twenty-five years from now. Mr. Lewellen said Bedford was so anxious to please the Town of Lexington they were willing to put up their own money to do that. He said they believe the rest of it should be joint, regional.. Mr. Cataldo saidthere is nothing at this time that is going to be regional. Mr. Lewellen said from the exit of Lexington's pump- ing station on to some extent, there would be that lapse of time of twenty-five years. It was their understanding Lexington was going_ tobuild a new force main of twenty -inch capacity which.. capacity was everything Lexington would want ultimately, plus Bedford's rate of flow andpresumably the fourteen inch main would no longer -be used. He said if Lexington would give Bedfordthe use of that main and then if they need the additional 1,000 gallons or so, and second, keep it regional in case Bedford is applying for funds, A Bedford Selectman said when the time comes that from Hamilton Street on down there must be relief, Bedford would work with Lexington to either get another line in or urge MDC come up with whatever solution is indicated at that time which is fifteen years away. He said there may be a different answer then, but whatever it is, Bedford will carry its freight. 1 475 Mr. Mabee said the only thing really regional is from Hamilton Road along down to the MDC. Mr. Lewellen saidit starts at Lexington's station. Mr. Mabee said Bedford and Lexington would make an agreement to use Lexington's fourteen inch main add asked if that, to Bedford, was regional. He said there was an agreement except for from Hamilton Road along. Mr. Cataldo pointed out. Bedford does not want to lease the line. He said with the history Lexington has had with Bedford, the Board thought it could Dome to an agreement for a year and then extend it. He said to get to the finishedproject, he realized would take more than a year. Mr. Sheldon asked why Bedford would prefer to buy than lease. Mr. Lewellen said to help Lexington. Mr. Sheldon said it seemed to Lexington it could accomplish something by leasing it that wouldnot aggra- vate Bedford's financial problem, and he thought this Board was preparedto be quite reasonable. He asked if Bedford objected to the one-year notice. Mr. Lewellen replied they object to the lease and prefer to own it. Mr. Mabee said if Bedford prefers to own than to lease, it is not as regional minded as it professes to be. He said Lexington wants to ultimately separate the twossewers. Mr. Lewellen said they want an agreement that they don't go through this again, being told to get out of the sewer system. He said in fifteen years, many things could happen, and MDC may be the only one eligible for assistance. He said. if Bedford cuts loose from Lexington, dt would cost one and a half million dollars. Mr. Cataldo said the Bedford Selectmen are fighting for Bedford and the Lexington Selectmen are trying to protect their townspeople's money. He said be could not see Belling this line. In ten years, the Town may develop in such a way it will need that force main, and -he wanted Lexington to retain ownership of that line. Be said the Board would be in an embarrassing position if it sold the line at a reduced price.. and t.heh found Lexington needed it in ten years. He pointed out it was not costing Bedford anything at this time for construction. Mr. Sheldon asked what the essential money difference is between what Lexington proposes and what Bedford proposes. Mr. Carroll said he did not have the figures but it was not going to cost a million and a half dollars. Mr. Sheldon said it seems to boil down to whether an agreement could be made acceptable to both Boards regarding 476 Conner claim the use of this line, and what. worries Lexington may turn it off. One of the Bedford Selectmen said bility of the MDC going to the Bedford is something worth exploring. Mr. Catald.o said this.. was supposed two years ago. He said. Lexington does another two years. Mr. Lewellen said. the MDC was built out here and at that time, it was a gree; help. to Lexington for which Lexington did not pay any additional money but was paid for doing this same job, and the MDC sewer solved a big problem. He said Bedford was a big factor in getting this done. Mr. Sheldon asked what Bedford proposed to bring before its Town Meeting. Mr. Lewellen replied .unless there is some agree- ment, they are not going to bring in anything. One of the Selectmen stated they have the intent in the warrant and all that has to be done is work out some agreement. Mr. Cataldo said the Board ultimately wants the two systems separated. He suggested that Bedford agree to go to Town Meeting and solve the problem of the Brook Street station. Mr. Mabee said they could not do that unless they get the rest of this solved. Mr. Sheldon suggested that further discussion on the subject be held next Monday evening. Mr. Carroll suggested that a negotiating team be set up from both towns, including members of the Boards and anyone else the Boards want, so they can work together; the Board members could keep their Boards informed. Upon motion duly made and seconded, it was voted that the Chairman be authorizedto appoint one member of the Board to set up a committee including Town Counsel and Town Engineer to work with the opposite members from Bedford if Bedford agrees. Mr. Lewellen said he thought his Boardwould do the same thing, but this is not one of their meetings. The Bedford Board of Selectmen retired at 8:55 P.M. Bedford is that there is a possi- town line and this to have been done not want to wait Letter was received from.Mrs. Hannah M. Conner, 54 Outlook Drive, reiterating her dissatisfaction at the Board's offer of $150 for a taking involving lot 154, Middleby Road. The Chairman referred the communication. to Town Counsel for report. 477 Upon motion duly made and seconded,.it was voted to grant the petition and sign the order for the follow- ing JO pole location: Pole location Revere Street, southeasterly side, approximately 185 feet southwest of Ledgelawn Avenue, -- One pole. - Upon motion duly made to grant permission to the to locate a four inch high main in Dewey Road toserve and seconded, it was voted Mystic Valley Gas Company pressure welded steel gas a new home. Letter was received from Associated Industries of Massachusetts pertaining to a Water Pollution Seminar to be held at the Colonial Restaurant, Lynnfield, on February 13, 1967. It was agreed that Mr.. Carroll would designate someone to attend to represent him if he is unable to go, and also to send a copy of the letter to the Board of Health. Further discussion was held. relative to the item of an aerial bucket included in Mr. Carroll's requests under Road Machinery, Capital Outlay. Upon motion duly made.and seconded, it was voted to approve the purchase of a chipper, aerial bucket and not to approve one tractor to be used by the Park De- partment. Mr. Cataldo was recorded in opposition to the motion. The Chairman read a letter from Mr. Irwin with reference to a substitute fbr Mr. Jeremiah during his vacation. Upon motion duly made.arid seconded, it was voted to appoint Mr. Anthony Agresti, 4 Foster Road, Lexington, Substitute Wire Inspector in the Town of Lexington for a three-week period commencing March 2, 1967, on which date Mr. Jeremiah will begin his vacation. The Chairman read a letter from Mr. Irwia with reference to a substitute Building Inspector for two days when he will be attending the Eastern Statee Build- ing Officials' school. Upon motion duly made and seconded, it was voted to appoint Mr. Richard. Soule substitute Building Inspector for February 23, 1967 and February 24, 1967. Gas Main Water pollution seminar Road Machinery Wire Inspector Building Inspector 478 Letter was received from Leon A.;.Burke,..Jr.., Guide Director, listing Guides who have.applied for reappointment. Mr. Cataldo asked if any of the Guides-wenld be Guides able to stay on the Common between April and June. Mr. Burke saidhe is working toward accomplishing this. Mr. Sheldon stated, for the record, that the Board of Selectmen is very appreciative of Mr. Burke's services and he thought he haddonean excellent job. Upon motion duly made andseconded, it was voted to reappoint the ten Guides as recommended by Mr. Burke. 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 affectthe public security, the financial Session interest of the Town, or the reputation of any person. Mr. Cataldo said he felt very strongly on the School budget, andhe felt this should be a separate article on the basis of the way the Board handles other departments. He said the Board should give -the other departments the same courtesy it gave the School Department. Putting this in a separate article will give Town Meeting more information than is in Article 4. He said he could not see fighting each item, andhe thought Town Meeting should have a clear-cut Kindergartens opportunity and. the School Committee should havea clear-cut charge. He said the Board has the legal right to do this, He said the Boardwants to do it on the Cemetery Department right before it. Hesaid the Board heard all the information the School Committee wants to come up with and there are many ramifications of the kindergartens that. the School. Committee has nbt come out with. He .saidhe could knot see them coming out under Article !.. He said the TMMA asked the Board to do this. They are the first oases to support the.. Board in its article. He said..the.S.chool Committee go ing.beyond the autonomy should get no further consideration than the other departments.. Mr. Cataldo said he felt very strongly about this andmoved for reconsideration. Mr. Mabee asked if Mr. Cataldo wouldreduce the School budget by a certain amount. Mr. Cataldo replied he would not reduce the numbers at all, just split the budget. Mr. Mabee said t.he issue wonla come up under Article !} anyway. He said unless Mr. Cataldo reduced the ahanged the budget in Article 4, he did not see that he would. be really accomplishing anything. He said. he had. not changed. his mind. 1 1 479 Mr. Cataldo said the Board would. be telling the School Committee it is going to adhere to the policy of the other departments. The School Committee at this paint, because of history, has a moral obligation to put this as a separate article. He said the School Committee has not brought out the information it could close two schools. He said he felt if the Board is going to give the School Committee the right to have its budget, it should give any other Board::the same privilege. These people have no more right than any other elected Board. Mr. Mabee asked why Mr. Cataldo couldn't say exactly what he is saying now under Art ele Mr. Cataldo said there can be $73,000 cut out of the budget, but who says it is_for kindergartens. Mr. Mabee said he always thought the Selectmen were a little presumptious withthe Planning Board. He said. .these men are elected and he thought they should handle their own budget. Mr. Cataldo asked.why the hoard should give these people any more privileges than it does the Cemetery Commissioners. Mr. Cataldo moved that the Board. insert a separate article for kindergartens. Mr. Sheldon seconded the motion. Mr. Gray read a statement from Mr. Cole which con- cluded that he felt the best interest of the citizens would be served by the Town Meeting acting on the kindergarten issue under Article 4. The Chairman asked. if Mr. Legro had any fuller or more concise presentation__than_this. He said if he went back and read the minotea.of the conversations, he would find almost contradictions on some of the things. that are said. He said. Mr. Legro did say the Board could insert an article if it so chose., He said the Board had the right to insert an article of this nature. He said apart from that, he thought he had said all he has to say on this subject. Mr. Cataldo said the School Committees letter stated Mr. Legro advised them to put in Article 11.. Mr. Legro said no, it did not. It saidthis action was supported by the Town Counsel and the Moderator. He said the School Committee hadexactly the same advice as the Board of Selectmen. Mr. Cataldo said. Mr. Legro's advice to them was to leave it in Article 4. Mr. Legro said the Committees decision was supported by him. Mr. Cataldo said looking at the letter, the ordinary person would assume that Town Counsel advised them to do this. 480 Mr. Legro said the ordinary person has no right to assume. He said he thought their position was supported':; by his advice to the Selectmen and. the School Committee. He said he has not discussedit nearly as much with the School Committee as he has with the Selectmen. He said so far as he was concerned, he would be as honest as he could and his advice to one Boardwon't be one word. different if he could help it. Mr. Cataldo asked if this was a true statement. Mr. Legro said he heard the statement over the tele- phone and he could not properly ask him to leave the word "support" out. He said. he Could not take the position of backing off from one Board. He thought their statement is true that their position is supported by his discussions with them. . Mr. Sheldon moved the previous question. Mr. Legro said the debate should be what the article would include if the Board inserted a separate article. He asked if the Board was going to put in an article to see if the Town will vote $73,000 for kindergartens. He stated if the Boarddid that, it will not segregate the items as it does in the budget. Mr. Legro asked if it was the Board's feeling, if this were not a separate article:0. and the money was not appropriated, that the School Committee would have any less right. Mr. Cataldo replied it has the same right regardless. Mr. Sheldon moved the previous question. Mr. Mabee said there was a motion, first and seconded, all that was needed is.a vote. Motion that the previous question now be put. Messrs. Cataldo and. Sheldon were in favor of the main motion. Messrs. Mabee and Burnell were opposed. Further consideration was given to the Cemetery Commissioners' budget. Upon motion duly made and seconded, it was voted Cemetery that the Senior Clerk remain part-time, the same as she Commissioners was last year. Upon motion duly made and seconded, it was voted to approve one additional man for the department. Upon motion duly made and seconded, it was voted to reduce the item for overtime to $1500. Upon motion duly madeand seconded, it was voted to disapprove the compressor. The Chairman read a letter from Mr. Burrel], Director of Civil Defense., requesting appointment of two Assistant Radef Officers. Mr. Mabee seconded the motion. Upon motion duly made and. seconded, it was voted to appoint Mr. Richard Kimball, 60 Gleason Road, and Mr. Boblebt Navarro, 43 Gleason Road, Assistant Radef Officers. The Chairman read a letter from Reverend Harold T. Handley requesting permission, --an behalf of the Church of Our Redeemer, relative to a stand April 19, and a Paper -Rag Drive. Upon motion duly made and.secnnded, it...was voted to advise Mr. Handley that the Beard had no objection to the operation of a stand at the Rectory on April 19, 1967, andfurther to grant permission for a Paper -Rag Drive on Sunday, April 30. Upon motion duly made andseconded, it was voted to grant permission to the Greek Orthodox Church of Cambridge to conduct the Sixth Annual Ten Mile Race on Saturday, April 8, 1967, beginning at the Minute Man Statue at 1:00 P.M.; police cruiser escort to be worked. out with Chief Corr. With reference to seventeen streets to be presented for acceptance by Town Meeting, the Chairman said the Board should go through the streets one by -one and. vote on them. Upon motion duly made and seconded, it was voted to lay out as a town way Whittier Road. from Longfellow Road a distance of 750 feet, more or less, northerly. Upon motion duly made and seconded, it was voted to lay out as a town way Valleyfield.Street from Bridge Street a distance of 1240 feet, more or less, southerly. Upon motion duly made andseconded, it was voted to lay out as a Town way Tyler Road from Winchester Drive a distance of 1215.49 feet northerly and easterly. Upon motion duly made andseconded, it was voted to lay out as a town way Phinney Road from Fairbanks Road a distance of 750 feet, more or less, easterly. Upon motion duly made and seconded, it was voted to lay out as a town way Payson Street from Bridge Street to Grassland Street. Upon motion duly made and seconded, it was voted to lay out as a -town way Longfellow Road from Hawtho®ne Road to Whittier Road. 481_. Radef Officers April 19 Paper Drive Race Whittier Road Valleyfield Street Tyler Road Phinney Road Payson Street Longfellow Road 482 Lake Street Hadley Road Crescent Road Blossomcrest Road Blossomcrest Road Ewell Avenue Kendall Rd. Philip Rd. Upon motion duly made and seconded, it was voted to lay out as a town wag Lake Street from Massachusetts Avenue to Columbus Street. Upon motion duly made- and- aeauuded, it was voted to lay out as a town way Hadley- Rased- fromr E1d.red Street a distance of 792 feet, more or less, northerly. Upon motion duly made -and set -en it was voted to lay out as a town way Crescent Road. from Watertown Street to Green Lane. Upon motion duly made and seeond.ed, it was voted to lay`out'Blossomcrest Road from Worthen Road to Meadow Brook Avenue. Upon motion duly_ tech acrd•- seeseaded, it was -Toted to alter and relocate Blasaamereat Read fraan'Allen Street a distance of 723 feet, more or less, westerly. Upon motion duly made and seconded, it was voted to lay out Ewell Avenue from Eastern Avenue to Deering Avenue. A Dr. Smith was present at the meeting and said he recently purchased property on Kendall Road and did not know about the hearing. He- said -he found it t@be a matter of dust on the road rather than utilisation. He said he was not opposed to. the: pavement but was concerned as it is now laid out it will be a thirty-foot street that seems to be excessive and it will take all the trees from the side of his house. Mr. Carroll explained the proposal is for thirty feet wide on a fifty -foot layout, but this is note decision that has to be made this evening. He explained._ a road. would be laid out on top of an eaiating private layout.. The Town would be taking an easement over -the entire road for public purposes. There is a retainingwall along the east side of the Smith property and it looked to him, even.a twenty-four foot pavement would result in reconstruction of that wall. He said there probably would be some saving of trees but his feeling was it should be a thirty-foot pavement at this time. Upon motion duly made andseconded, it was voted to lay out Kendall Road from Marrett Road a distance. of 320 feet, more or less, northerly. Upon motion duly made and seconded, it wasvoted to lay out Philip Roark from Pollen Hill Estates to Minute Man Highlands. whl this with reference to Tricorne Road, Mr. Carrell said when subdthiai.fliibdIeiiioritwas'o 'ir iii kboattnte be constructed by Mr.Outhet, when the preliminary plan was brought to him, he was concerned about the sight distance. He con- tacted Mr. Outhet and Miller & Nylander and the State Department of Public works' official, Mr. Hunter. He asked Mr. Hunter, at the time, whether or -not the State would refuse a State permit for the connection to the road. He informed Mr. Carroll that the State had to issue a permit. It couldonly moreor less decide the manner in which the connection was to be made. The plan was sub- mitted to the Planning Board andwhen he was asked for an opinion, he pointedout to the Planning Board there was a very poor sight distance on Marrett Road. The subdivision was approved and. built. He said when the question of the layout came up, he thought it would be best if a taking was made on that corner. He said the question as to the amount of money involved to rebuild the wall, but it might be $1,000. Mr. Cole arrived at the meeting at 10:55 P.M. Mr. Carroll said he didnot have any strong feeling, He has two layouts; one taking the corner and one without. Mr. Cataldo said he went down there today and he did agree with the taking from the point he could not see it changed the sight distance at all, but it will definitely open the whole corner. The house would be sticking right up there. He said if a tkking were to be made, it should be constructed. If it is not going to be con- structed now, he asked why make the taking. Mr. Carroll said the proper time to do it is now when the Town is makingit a public way. Mr. Cataldo said he could not see any benefit of a change in the sight distance. Mr. Legro retired at 11:05 P.M. Upon motion duly made and seconded, it was voted to lay out as a.town way Tricorne Road from Marrett Road a distance of 557 feet, more or less, northerly. Upon motion duly made and seconded, it was voted to lay out as a town way Emerson Road. from Adams Street a distance of 410 feet, more or less, westerly. Upon motion duly made and seconded, it was voted to lay out as a town way Laconia Street from Lowell Street a distance of 1150 feet, more or less, southerly and easterly. 483 C Tricorne Road Emerson Road Laconia Street 484 Upon motion duly made and seconded, it was voted Warrants to sign the Warrant for the.. Annual Elect•ion,March.. 6, signed. 1967 and the Annual Town Meeting March 20, 1967. Mr. Carroll said there is the problem of the Center Center beautification. He said hehad inserted in each of the beauti- Selectmen's folder information entitled "The Promenade fication Parking". He stated the Center Committee has reached a point in its work where it has to have a decision from the Selectmen. He explained the changes made by the architect which changesthenumber of parking spaces. He saidbefore they go much further as a committee, the question is whether or not the Board felt the decreaee in parking was something the Town would not put up.wittr. He explained this is something -the committee did, not feel it should decide.. He said. the Board shouldthink about what the merchants will have to say. Mr. Mabee said if bias is—the recommendation of the architect and the committee has no recommendation, theh the Board goes along with the architect's recommendation. He said the architect has been retained and shouldbe paid. Mr. Cataldo said the architect was hiredto landscape the Center. He is justifying his position on the land- scaping. He said he could not see reducing the number of cars any more than it. is. He said he felt the number of parking spaces should be reducedas little as possible. Mr. Sheldon asked. if Mr. Cataldo favored the Selectmen's plan. Mr. Cataldo replied he did and he felt.. it makes the landscaping heavy enough to do the job the Board is looking for. Mr. Carroll saidthere is no question but that the Selectmen's plan can be worked. Upon motion duly made and seconded, it wasvoted to accept the concept not to reduce the parking spaces beyond sixty-five. Upon motion duly madeand seconded, it was voted Minutes to approve the minutes of. the. Selectmen's Meetings held January 28, 1967 and January 30, 1967. Mrs. Battin, of the. Town Structure of Government Committee, met with the Board. She saidshe hoped the. Board would put back the original wordingj'which said"all town buildings,structures and facilities". She said the committee wants the highest possible latitude for Town Meeting possible, and they hope it would include re- creational facilities. She said the committee does think its article should. go in as originally requested. 485 Mr. Cole said Town Counsel took a strong exception to the wording. Mr. Gray said there are certain things by law that are strictly in the province of the Selectmen and they might be read into this article some years from now. He said structures is a prettybroad term. Mrs. Battin said by taking these words out, the com- mittee is afraid it restricts the motion. Mr. Cole saidrecreational facilities even mention swimming pools. Mrs. Battin said if the Board disagrees with the committee, she hoped. the Board would amendthe motion downward. Mr. Cole stated Town Counsel's advice was this article had too much latitude. Mrs. Battin said they have to spell out in detail the motion. Mr. Cole said Town Counsel could be approached again, but if he advises the Board to go a certain way, he would most certainly go the way he advises. Upon motion duly made and seconded, it was voted tth adjourn at 11:35 P.M. A true record, Attest:'. ec �' ive erk, (Selectmen/ 486 Change Order Acting Chief SFTFCTMEN'S MEETING February 13, 1967 A regular meeting of the Board of Selectmen was heldin the Selectmen's Room,Town Office Building, on Monday, February 13, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Catald.o, Sheldon and Mabee were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Grgy submitted a change order, Architect's project No. 6607, Public Works Building, for the addi- tion of seven telephone outlets, an additional $176.00, and to provide covered trench for pipes to truck lift pits, an additional $816.50, which he stated had been approved by the committee. Upon motion duly made and seconded, it was voted to approve the change order increasing the contract by $992.50. Mr. Gray reported that Chief Corr requested the Board to appoint Captain Paul E. Furdon as Acting Chief during his absence this week. Upon motion duly made and. seconded, it was voted to appoint Captain Paul E. Furdon, Acting Chief of Police, during Chief Corr's absence from Thursday, February 16, 1967, through Monday, February 20, 1967. Mr. Carroll said on Route 2 at Watertown Street, he had a set of plans submittedto-him by the State Route 2 Department of Public Works. He said this concerns it- self with the street layout and sidewalks, etc. He explainedthese plans indicate the State is going to put a sidewalk on Watertown Street from Peacock Farm Road on the east side all the way across the bridge ending on the south side of Route 2. There is going to be no great pedestrian travel, but it seemed to him.it might be a Sidewalks better idea if the sidewalk was on the other side of the street andsuggested that the State build a sidewalk on both sides of the street within the limits of the construction. He said he thought the State would go along with the request, but the Board would have to make the request. Upon motion duly made and seconded, it was voted. to request the State Department of Public Works to construct sidewalks on both sides and further, if only one side is to be constructed that it be on the further side. 1 487 Mr. Carroll saidon the south side of Watertown Street the State has indicated afbrty-eight foot.pave- ment which narrows down to meeting the existing pavement twenty-two and a half feet wide. He said the State has Route 2 carried the construction to within about 200 feet of the State road Belmont line, and has also determined, from a point about 500 feet from the Belmont line toward Peacock Farm Road will be State road. He said there is about 500 feet in length from the Belmontline to the -beginning of the ramp that will be a Town road andhe felt this shouldbe all State road. He said. the Boardshould ask the State to build it right to the Belmont line, and he would continue the same width of construction, twenty-two and a half feet to the Belmont line. Upon motion duly made and seconded, it was voted. to request the State Department of Public Works to con- tinue the construction on the south side of Watertown Street to the Belmont line so that the entire length will be a State road. Mr. Carroll referred to the westbound rangy coming from Peacock Farm Road and asked. -if the- Board shouldn't have the State remove that so there wouldbe no left turn on oncoming traffic. _ Upon motion duly made and seconded, it was voted to include this in the two requests mentioned above. Mr. Carroll referredto the article in the warrant in regardto the Hartwell Avenue traffic study and said he received a letter from Wilbur Smith. They have come up with a detailed estimate from $17,000 to $26,000. He recommended flat the motion contain $26,000 because he would rather be high than too low. Traffic The Chairman asked. if Mr. Carroll couldn't choose a Study cost figure .somewhere in between. Mr. Carroll said he wouldrather have the $26,000. The Chairman saidthere is a lot of latitude. Mr. Carroll said there is a question in his. mind how much of the work the Town could supply. The Chairman asked. if Mr. Carroll couldsupply any of the work, and he replied possibly a great deal. The Chairman said that shouldhave a bearing on the ultimate figure, and Mr. Carroll said he thought it would be better tohave the $26,000 figure. Mr. Carroll saidthis is an estimate for the article and. he may not even use this firm. The Chairman said if426,000 is put in the motion, that is the amount that will be assessed agiinst the tax levy. He asked how much of the work Mr. Carroll felt the Town could do. 4.8 Mr. Carroll replied right now>the Board should assume that the Town will d.o.none of it. The Chairman asked if Mr. Carroll could have a figure between now and the time it is put in the motion. Mr. Carroll said the Chairman was asking him for an answer he could not give, and right now the Engineering Department is tied up. Mr. Arhhur Burrell, Director of Civil Defense, met with the Boardand said last November to spoke to the Board about the possibility of having a training exercise concerning the key personnel of the Town. He said he thought it wouldbe a great help in understanding how the people function under emergency conditions. He intro - Civil Defense duced Ernest R. Hamilton, Region One Training Office, and training Harold Perkins and. Sidney Pierson of the University of exercise Massachusetts. Mr. Hamilton outlined the early history and background. of simulation training and benefits that couldaccrue to the Town. He stated they propose to put on this emergency operation center training for Lexington at no charge, to be conducted by the University of Massachusetts. It is only one concept of operating and they want to see if they can apply it to Lexington's own emergency operation center. This will involve cooperation with the University of Massa- chusetts collecting data on resources, conducting training sessions and finally coming up with a training exercise. Mr. Perkins, of the. University of Massachusetts, said they have been engaged in conducting Civil Defense training for three and a half years, training instructor -level students. The biggest portion of the problem is being sure they can cope with any situation with the greatest of ease. They will set up an operational control room using a.6' x 7' status board and will have.a visual aid reference of what- ever action is taking place in the community. They will contract with the loaal.printing eompany'to develop maps to put on the display hoards. At the center itself, there will be the Chairman supervising, his public information officer and. Civil Defense Director. There will be an operation staff - fire, police., health and welfare, public works and. shelter. He explained the exercises andstated they would last between two anda half to three hours. There will be emergency messages necessary to move equipment or personnel, dynamic messages and final.lY ;a- general.messe.gd. They tpain both the operators and the simulators. Mr. Sheldon askedwhere simulation endedandactual movement of people began. Mr. Perkins repliedthis will all be on paper and they would like to conduct this exercise in May. Mr. Burrell said he was looking for formal permission from the Board to put this on. The Chairman said he thought it was an excellent idea. The Board hadno questions, and upon motion duly made and seconded, it was voted to authorize the proposed Emer- gency Operating Center training exercises to be conducted by representatives of the Department of Defense and the University of Massachusetts. The group retired at 8:10 P.M. Mr. Cataldo reported the Town Office Space Committee has interviewed. many architects and as d thin morning unanimously voted to recommend to the Board of Selectmen that it contract with the architects Perry, Dean, Hepburn and Stewart, a company of about seventy people. They are completely architectural people andhave a good re- lationship with construction and meehanical people. The committee feels they are extremely competent and capable of doing the job. They were selected because they are the people who,did Williamsburg. Upon motion duly made and. seconded, it was voted to enter into a contract with Perry, Dean, Hepburn and Stewart as recommended by the Town Office Space Committee, Mr. Cataldo moved that the Executive Session of the minutes that had. to do with kindergartens -and -the Cemetery Department budget, specifically last week's meeting, be made part of the public record. The motion was seconded and unanimously carried. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing JO pole locations, all having been approved byMr. Carroll: Lowell Street, westerly side, northerly from a point approximately 97 feet north of North Street, Eighteen poles. (Eighteen existing JO poles to be removed.) The Chairman read a letter from Mrs. Harold Andleman, 1130 Massachusetts Avenue, stating she strongly advocated the installation of sidewalks in the Munroe Tavern area that has been under construction. The Chairman said he wouldacknowledge the letter with thanks and advise Mrs. Andleman this will come up some time in the future. 489 Executive Session in- to Open Meeting Pole locations Sidewalks 490 The Chairman read a letter from the Planning Board recommending the adoption of underground wiring as a town -wide standard. Mr. Cataldo pointed out this includes streets the Board is recommending for acceptance. Mr. Carroll said either the Town or the owners_ would have to pay for the relocation of the lines on the property. Underground. Mr. Carroll said the Town would have to pay in the street street and the people would have to pay for the service into lighting their house. Mr. Carroll saidthat was correct and it would cost about $300 or WO per .house. The Chairman said this is going to be a very ex- pensive proposition. Mr. Cataldo asked if the Board could get some in- formation from the Boston Edison Company as to how mulct' this would cost and who would pay kr it. Mr. Carroll replied in the affirmative. The Chairman saidif the individual home owner kaaws he is going to get a $300 or $!{.0O bill, there might be a different attitude on the part of the public. Mr. Carroll said. the Edison may be willing to give the Board an estimate, as an example, of a couple of streets now in the budget. Letter, dated February 10, 1967, from Jules P. Sussman, Chairman of the Conservation Commission, with reference to the New Amsterdam property, was held over until the next meeting when Town Counsel would be present. Letter from Dr. L. M. Titelbaum, 214.6 Concord Avenue, complainingabout a barking dog, was referred to the Dog Dog Officer, and the Chairman read the Officer's report. It was agreed that, according to the report andrecommendation of the Officer, no justificatin for restraint exists. ¥emo was received from Metcalf & Eddy in regard to Memo re: Recreation and Conservation. Recreation & Mr. Sheldon said that is the subject of the steering Conservation committee's next meeting of which committee he is a member. and he has read the memo. This is the first of seven or eight reports the Board will receive. The Chairman saidit will be available and asked Mr. Gray for a condensation of the salient points. Notice was received from the Alcoholic Control Commission pertaining to Washington Liquor February 22, 1967. February 22 Upon motion duly made andseconded, it Beverages 's Birthday, was voted 49.1 that hotels and restaurants may sell alcoholic beverages during the usual hours. "Package Goods" Stores may sell anddeliver alcoholic beverages between the hours of 1:00 P.M. and 11:00 P.M. on the holiday and. until 11:30 F.M. on the night before. The Chairman read a letter .from Peter Sowkow, 614. Valleyfield Street, together with a plan showing two pro- • posed foundation cellars which Mr. Sowkow said he was sub- mitting as requested by the Hatch Act. Mr. Gray said under the Hatch Act, Mr. Sowkow will have to have a hearing before the Board. The Chairman said if a hearing is held, the Division Sowkow re: of Natural Resources have to be notified. Hatch Act Mr. Gray saidthere is a small brook and this is not a waterway. The Chairman asked Mr. Gray to check with Town Counsel and see if a hearing is necessary; if so, have it set up. Letter was received from the Veterans of Foreign Wars, Post No. 3007, requesting permission to operate a stand April 19 on the property at 1668 Massachusetts Avenue, per- mission having been obtainedfrom the owner. April 19 The Board bad no objection. 'Mr. Cataldo suggested that Mr. Gray handle all future requests for locations of stands on April 19. Upon motion duly made and. seconded, it was voted to sign an Order for the construction of a sewer in Adams Street from Westwood Road a distance of 285 feet north- easterly to North Street. Letter was received, signedby seven Precinct Five Town Meeting Members, asking the Board to give careful Opposition consideration to the proposed tax increase as they are to tax vigorously opposed to further town tax increases. increase The Chairman said he did not think these people are aware of how the tax dollar is broken down, and he would answer the letter which was addressed to him. Letter was received from Mr. Perry, Comptroller, in regard to the financial reports as of December 31, 196$. Upon motion duly made andseconded, it was voted to approve the minutes of the Selectmen's Meeting held on Minutes February 6, 1967. Mr. Sheldon suggested. that Mr. Gray give the Board a breakdown of the amounts requested -in "other articles". 492 N Mr. Sheldon said he read the report of the. Fire Commissioners which had to do with certain discussions Fire Comm. they had with the firefighters and he thought Mr. Gray policy should review that to make sure everything discussed and agreed upon is in line as far as other Town Departments are concerned. Mr. Gray stated. the Chairman had written the Fire Commissioners a letter andthose things were covered. The Chairman asked Mr. Gray to make sure the Com- missioners' policy is the same as the policy for the other Town Departments. Mr. Sheldon said he received a request this evening from Mr. Sussman that Mr. Gray bring him up to date on the status of the New Amsterdam, Pihl, Trinity Covenant Church and Rosetti parcels. Mr. Carroll retired at 8:1.0 P.M. Chairman Parrish, Messrs. Blaisdell, Grant, Kenney, Zehner and. Mrs. Sousa of the Appropriation Committee, met with the Board. The Chairman stated the Chairman of the Appropriation Committee had requested an executive session before it goes on with all the business it has with the Board this evening. 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, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Mr. Gray retired. Following discussion off the record pertaining to personnel, it was voted to resume the open meeting. Mr. Parrish suggested reductions of $150,000 in the school budget, $100,000 in the general budget, $150,000 in the articles and $200,000 in the Selectmen's articles Budget in an effort to reduce the tax rate. reductions The Chairman said. the Board would go over the budgets in an effort to reduce the total of $450,000 by $200,000. The Appropriation Committee was in favor of going over the budgets, arrive at a figure, and invite the Boards in for discussion. Upon motion duly made and seconded, it was voted to hold a Special Meeting on Wednesday, February 15, 1967, in the Conference Room, Cary Memorial Building, to go over all budgets again. The Appropriation Committee retired at 10:35 P.N. Executive Session Upon motion duly made andseconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of. the Town, or the reputation of any person. Following discussion pertaining to a highway, Regis- trars, and Great Meadows, it was votedto resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 11:15 F.M. A true record, Attest: 0 i/ /Cl4d 493 494 SELECTMEN'S MEETING February 20, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, February 20, 1967, at 7:30 F.M. Chairman Cole, Messrs. Burnell, Sheldon and Mabee 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. Cataldo arrived at the meeting at 10:10 P.M. Mr. Legro said he had prepared. an Order of Taking Rossetti for the Rossetti land on Whipple Hill. land Upon motion duly made and seconded, it was voted to execute the Order as submitted. Mr. Gray stated he had a bill for payment on the Public Works Building in the amount of $38,714.80 which has been checked out and approved by the Committee. Tocci Upon motion duly made and seconded, it was voted payment to approve application for payment, dated February 10, 1967, in the amount of $38,744.80 to John Tocci & Sons, Inc. Mr. Gray stated he had a bill for payment on the Halsey Public Works Building in the amount of $700.00 for payment architect's fees which had been approved by the Com- mittee. Upon motion duly made and seconded, it was voted to approve for payment bill in the amount of $700 to William A. Halsey, architedt. Mr. Carroll referred to the accident involving Ambulance one of his employees, Joseph Vitale, who was -seriously bill burned, and asked. the Bard to abate the ambulance bill. abated Upon motion duly made and seconded, it was voted to abate the ambulance bill #29 in the amount of $10.00. Mr. Carroll submitted the following letter in re- gard to Federal Aidfor sewers: Federal Aid for sewers February 16, 1967 r 495 February 16, 1967 Board of Selectmen Town Office Building Lexington, Massachusetts 02173 Gentlemen: Back in April of 1966 you authorized me to file, in your behalf, a preliminary application to the Department of Housing and. Urban Development for Federal Assistance on certain sewer projects: Winter Street Trunk Sewer Emerson Road to Burlington Street Trunk Sewer North Street Pumping Station and Trunk Sewer Today I received the enclosedform letter from the Depart- ment of Housing and Urban Development denying our request. Underlying the denial is the fact that there are simply not enough funds to go around. There are two basic government programs for providing assistance to sewer programs. The first is the one that is now under the control of the Federal Water Pollution Control Administration. It was formerly handled by the Department of Health Education and Welfare and this is the program through which we were able to get funds on the Woodhaven Trunk Swwer and the North Lexington Pumping Station and. Force Main. This program is to help eliminate pollution, with the great emphasis on ex- isting pollution. In the opinion of E. A. "Bud" Cooney of Whitman & Howard who is intimate with the complexities of the Federal Aid programs, thele isnot much chance of Lexing- ton picking up any further aid on this program except for relief sewers. The second is the one referredto in the beginning para- graph of my letter - the Housing and Urban Development program to promote efficient and orderly growth of communi- ties. In order to be eligible for assistance under this program a town must be a member of a regional planning group wuch as the Metropolitan Area Planning Council. The facts on this program are these: 1.) One hundred million dofars, each, were appropri- ated. for 1966 and. 1967 for the entire country. 496 2.) This region, which includes New York State, has $12,000,000 available to it each year. 3.) As the letter says, theiequests total twenty times the appropriation made for Fiscal 1967. Summing it up, with the exception of relief sewers, I don't think there is much likelihood of the Town of Lexington get- ting any Federal Assistance on its sewer programs in the near future. Very truly yours, /s/ John John J. Carroll Supt. of Public Works & Town Engineer JJC/fgm Encl. cc: Bud Cooney The Chairman said he thought the concluding sentence summed up the subject. Letter was received from the Planning Board, dated February 9, 19$7, with reference to Great Meadows' zoning. Great Mr. Mabee said the Boardwas going to ask Town Meadows' Counsel for his opinion. zoning Mr. Legro said he received a :copy of the letter Saturday morning, and looked it over, but had not reached any conclusion. It was agreed. to .hold. the subject over until the next meeting of the Boardin order to .give Mr. Legro an opportunity to formulate an opinion. The Chairman read a letter from the Planning Board. requesting the Selectmen to take every necessary step to Augustus have the work in Augustus Road commenced as soon as soil Road and weather conditions permit. The -Chairman said. the Selectmen share the Planning Board's concern. Mr. Legro reported he is hopeful that the bonding company will see that the work is done when the weather permits. He triedto contact the bonding company today without success because the man he wantedto talk with was out. He also stated he is prepared to take action. The Chairman read a letter from C. F. Mistretta, District Highway Engineer, DPW, dated. February 13, 1967, in regard to Massachusetts Avenue, Federal Aid Safety Project. It is the opinion of the Traffic Engineering Section that the construction of a retaining wall to improve the sight distance for eastbound traffic on Massachusetts Avenue from Station 90± to Station 95* would not rectify the type of accidents that are occurring in this area, and it is therefore judgedthat this project does not qualify as a Federal Aid Safety Project. The letter stated it wouldappear if this section of Massachu- setts Avenue is to be improved., it would. require 100% ex- penditure by the Town, or at the Townts request be included in the Chapter 90 program. The following letter, on the same subject, was re- ceived from Mr. Carroll: February 20, 1967 Board of Selectmen Town Office Building Lexington, Massachusetts 02173 Re: Chapter 90 Massachusetts Avenue Gentlemen: Reference is made to the letter dated February 13, 1967 from C. F. Mistretta to_ Lincoln P. Cole concerning the Federal Aid. Safety Project on Massachusetts Avenue. I submit the following information to you to help you make your decision as to how to proceed to complete the con- struction. 1.) The amounts appropriated at Town Meetings were as follows: Article Article Article 21 - 1965 Article 22 - 1966 Total appropriated Thisiis further broken State Share 21 1965 $26,200 22 1966 $26,200 1966 $ 60,000.00 95,100.86 $155,100.86 down as follows: County Town Total Total Share Share Allotment Appropriation $13,100 $13,100 $52,400 ,100 52,400 35,100.86 $1,900.66 13,100 13 Chapter 679 $60,000 60,000 35,100.86 $1 ,100.116 497 498 The difference of 15,20000 between the Total Appropri- ation of $155,100.86 an eTotal Allotment of $139,900 will be used by Town to pay what the State calls Hon -Participating c costs. These might include new sidewalks, curbing where grades are are less than 3%, new trees, etc. II.) Belli's contract on the present construction is for $114,282.00. To be on the safe side we should assume that extras might bring this contract td $120,000. III.) This leaves us with $35,000 to construct the 500 ft. section north of Pelham Road. This amount is more than adequate if we go to full depth construction, including curbing, but it is not nearly sufficient to build the walk and flatten the curve to produce desiredsight distance. a) Full depth construction - no widening -$10,000 b) Full depth construction - including wall -$50,000 and widening IV.) I talked to Mr.Mistretta on Friday after I received a copy of his letter to you. He advised me as fol- lows: 1) That the 500 foot section can not be added to Belli's contraet. They cite a recent Attorney General's ruling regarding major changes to contracts. :a 2) That they will not allow State funds to be used on this section unless the tree goes. V. This leaves us with the alternative - if we wish to do the work this year and. I recommen3 that it be done this year - of using the Chapter 679 funds Iready received from the State and. authorized to be used on Massachusetts Avenue under Article 22 of 1966. We would have to put the project out to contract. Since the State would not help us we would have to pay for engineering costs ourselves. These would amount to about $1,500, so the total cost of con- structing this section comes to $11,500. In order to be able to use the Chapter 679 money we must ask the State's permission to use $11,500 of it on this section and guarantee them that if the 1 1 499 Belli contract runs in excess of the amount left that the Town willmmake up the difference. I see no reason why the contract amount will be in excess of $120,000 which should allow us plenty of latitude to make this statement. Very truly yours, /s/ John John J. Carroll Supt. of Public Works & Town Engineer JJC/fgm The Chairman asked how much the State funds would be in this section, and. Mr. Carroll repliedall the Town would be losing is $1500. The Chairman asked if Mr. Carroll wantedto put this particular section out to bid. Mr. Carroll replied it definitely should be done this year and he would. like to go out to bid. on it as soon as he can in the spring. He said he was sure the two contracts could be coordinated and that Belli Bros. would bid. Upon motion duly made and seconded, it was voted. to authorize Mr. Carroll to put this section of Massachusetts Avenue construction out to bid. Mr. Mabee askedwhat the requirements are other than the tree, and. Mr. Carroll replied. there are no other re- quirements. The Chairman said for $10,000, leaving the tree where it is, the Town can go ahead. Letter was received from ethe Planning Board, dated February 8, 1967, in regard to the Annual Town Meeting Traffic -Study for Massachusetts Avenue - Route 2 and the extension of Outlook Drive to Marrett Road and relocation Planning of Pelham Road. Board The Chairman explained. the Planning Board realizes articles the fact the Planning Board. did. not know certain articles were eliminated from the warrant was not intentional and he would so advise them. He said the Board would keep that Eoard. informedon articles that concerns it. Letter, dated February 10, 1967, was received. from the Department of Corporations and Taxation relative to the Bureau of Local Assessment of the Department of Corporations Bureau of and Taxation created in 1955. Local As- The Chairman asked Mr. Gray to go over the letter and sessment come up with a digest for the Board next week. 500 Cert. of Inc. Upon motion duly made and seconded, it was voted. to certify the character of Herbert E. Stotts, 11 Hunt Road, an applicant for a Certificate of Incorporation, satisfactory character reference having been received from the Chief of Police. Common Upon motion duly made and seconded, it was voted. Victualler to renew Common Victualler license for Folso 's Seafoods of Lexington, Inc., 182 Bedford Street. Application for a Common Victualler license was re - Common ceived from David H. Smith, 271 Marrett Road. This was Victualler formerly known as The Old. House and the proprietors had a license. Letter was received from the Board of Health stating the facilities andequipment in this building may not be adequate to meet the requirements of the State Sanitary Code and therefore the Board of Health does not recommend issuance of a Common Victualler license. A telephone call was received from the Police De- partment advising it had been unsuccessful in locating Mr. Smith. The Chairman saidhe would take this matter up with Town Counsel. Upon motion duly made and seconded, it was voted. Minutes to approve the minutes of the Selectmen's Meeting held on February 13, 1967. Letter was received from the Town Clerk advising that Charles H. Spaulding had. been appointed to the Appointment Standing School Building Committee to fill the unexpired term of George Kolovson who resigned as of October 27, 1966. Mr. Lee 4hitman met with the Board relative to a petition requesting the Boardto construct and maintain, Sidewalk including snow plowing, a sidewalk on the norhh side of Turning Mill Road 800 feet, more or less, from Robinson Road eastward connecting with the existing sidewalk at Demar Road. Mr. Carroll submitted a plan and Mr. !Whitman indi- cated the location as referred to in the petition. M. Whitman said he would like to see a long-range program that would cost about $18,000 and could be amor- tized in nine years. He said a saving could be made on busing. Mr. Carroll said he recommended thist Robinson Road be constructed before or with the sidewalk and be done as one project. 50_[,. Mr. Whitman said it was a matter of safe passing and economics. Mr. Carroll saidhe has bad enough dealings with people who want their children to get safe passage to school to know this Board will definitely have a request for a sidewalk on Robinson Road. Mr. Whitman saidhe woulddiscuss this with the School Committee. Mr. Sheldon referred. to the Steering Committee, connected with Metcalf & Eddy's study, which is made up of the Selectmen, Planning Board, Capital Expenditures Steering Committee and the Appropriation Committee. He said Committee because he was going off the Board., he would like to be relieved. Mr. Mabee agreed to take Mr. Sheldon's place. 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, might adversely affect the public security, the fiancial Executive interest of the Town, or the reputation of any person. Session Following discussion pertaining to legal matters with Town Counsel, and budget items with the Appropriation Committee, it was voted to resume the open meeting. Mr. Cataido arrived at the meeting at 10:10 P.M. Budgets were reconsidered and acted on as follows: Department Requested. Approved Selectmen's - Clerical Pool $ 5,000.00 $ 6,000.00 (All part-time vacation help to be included here) Selectmen's - Expenses (Equipment and repairs transferred to another account.) Api$ropriation Committee approved. Selectmen's - Out of State Town Clerk - Foreclosures Parking Meter Maintenance (Counting being done by Lexington Trust Co.) Planning Board - Personal Planning Board - Expenses Elections - Selectmen (I kOn3'ance on machines in insurance budget) 6,035.00 500.00 150.00 60.00 5,200.00 5,110.00 550.00 100.00 00.00 17;522.00 17,335.00 6,000.00 5,550.00 7,000.00 6,675.00 Budgets. 502 ** Board of Registrars - Personal Town Celebrations Conservation Commission Recreation - Personal Recreation - Expenses Metered Mall Comptroller - Expenses Assessors - Expenses Assessors - Professional Services Board of Health - Personal (Vacation & extra help in Clerical Pool) Board of Health - Expenses Police - Personal Police - Expenses Dog Officer - Expenses Fire Department - Expenses Forest Fires Civil Defense - Personal Civil Defense - Expenses Civil Defense - Out of State (Out of State paid. by Nat'l. Association.) Inspection - Personal (Vacation funds in Clerical PPool) Public Works - Personal Public Works - Expenses Town Offices & Cary Building P.S. Town Offices & Cary - Expenses Public Works Building (Printing calculator transferred to another budget) Traffic Regulation & Control Street Lights Sewer Maintenance - Expenses (Hydraulic Sewer Cleaner to Raid Machinery) Park Department - Expenses 4,478.00 5,300.00 750.00 24,043.00 8,035.00 3,200.00 2,965.00 2,975.00 4,000.00 13,909.00 8,895.00 397,033.00 54,115.00 1,000.00 42,660.00 500.00 9,890.00 11,725.00 275.00 3,725.00 5,000.00 300.00 24,400.00 7,500.00 2,200.00 2,565.00 2,615.00 1,000.00 13,925.00 9,000.00 397,000.00 54,115.00 ? 800.00 41,680.00 100.00 9,800.00 10,100.00 30,773.00 27,884.00 482,969.40 60,303.39 20,56.00 37,3 8.00 18,129.00 6,400.00 79,300.00 38,249.00 460,540.00 56,090.00 20,246.00 34,238.00 17,575.00 6,000.00 79,300.00 23,749.00 29,130.00 32,680.00 The Chairman reported the following as considered by the Selectmen: Sewers Sidewalks Road Machinery Options Crescent Road Blossomcrest Road. $50,000 20,000 1.2, 000 7,500 16,500 24,000 possible savings e [7 With reference to the Police Expenses Budget, Mr. Parrish said he wanted it on the record that when the Chief comes in with his budget next year, the amount for uniforms will be increased again. He said the Committee has been badly misled in this area and he did not like it. Mr. Cataldo said he would never agree to taking these articles out, knowing everyone else is going to get what they want. He said there are people who have wanted sewers and streets for twenty and forty years and he, for one, would not go along. The Chairman said, referring to the Articles, that the Appropriation Committee will make its recommendations and if the Selectmen have differences, they will try to resolve them with the Appropriation Committee before Town Meeting. Upon motion duly made and seconded, it was voted to adjourn at 12:15 A.M. A true record, Attest: erk, electme 503 504 New Junior High School SELECT MENtS MEETING February 27, 1967 A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, on Monday, February 27, 1967, at 7:00 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Chairman Viano, Messrs. Fisher, Clarke, Farwell, Mrs. Clarke, of the School Committee, and Dr.Fobert, Superintendent of Schools, met with the Board. Chairman Parrish, Messrs. Noyes, Zehner, Grant, Gary, Blaisdell, Kolovson and Mrs. Souza of the Appropri- ation Committee, were also present. The Chairman explained the School Committee had requested the meeting. Mr. Viano stated the reason for the meeting was to discuss the article pertaining to the New Junior High School. He said he believed the members of the Board all had a set of papers the Committee prepared, and the Committee would like to share with the Board some of the thinking on this project as far as the Committee has gone with it. He asked the Board to turn to page 5 and said it would see the need for the school. He explained the Committee has come up with three possible solutions. On page One, it has Proposal I which would be to add a 600 unit to the High School giving a new capacity of 3300 people. This would preclude the possibility for some later date of phasing out Mpzzey and commits the Committee to a 3-2-4 program. T he second proposal on the following page, number II, would be to build a new Junior High School with a capacity of 900 students which would be expandable to 1200. He ex- plained that when this opens in 1971, the Committee would be able to have a 6-6-3 program. In 1981, there would be the possibility at that point of phasing out Muzzey and going to a 6-2-!.- program. The third p oposal would be to build a Junior High School that would have a capacity of 1200 students and add to the Diamond Junior High School 200 more spaces. This would allow an early phasing out of Muzzey Junior High School. He explained one of the problems here is the Committee would be building; well beyond the needs to get this phasing out of Muzzey. This allows a 6-3-3 program. 1 1 505 He said on the next page the Board would see the estimates of the cost of the various proposals . Proposal I adds 600 to the High School which will take up quite a bit of the athletic fields and additional ones will have to be opened up. This proposal would cost in the vicinity of $2,000,000.00. He said Proposal Ii, to build a new Juti1om High School for 900, expandable to 1200, would cost an estimated $2,160,000.00. Proposal III, to build a 1200 pupil elementary school and200 addition to the Diamond Junior High School, is about $1,000,000 more. He stated this is basically what the Committee has been over so far. M r. Sheldon asked if Metcalf & Eddy's population projection was used throughout here. Dr. Fobert replied they have drawn that is to show there is a similar pattern. Mr. Sheldon asked if it meant the Committee accepted the ultimate projection. Dr. Fobert replied in the negative. He said this is the only figure they have, because they have only pro- jected up to 1980. He said the Committee's figures and Mr. Clarke's figures show a gradual levelling off. Mr. Sheldon asked what the ultimate projection was. Dr. Fobert replied the saturation point, the Committee has not projected that far ahead. It has gone through 1982 and used Johnson's figures of saturation because they seem to be reasonable although the Committee does not agree with them.. Mr. Sheldon said the Committee was projecting present enrollments and assuming a growth. Mr. Farwell said the Committee estimated the first grade class and has a pattern that that class follows. He said the Committee's basic estimate is on the first grade class and what happens to it. Dr. Fobert saidthey have not gone to saturation. They have accepted Metcalf & Eddy's figures for the future be- cause the Committee has no others. Mx. Sheldon said it is an extension of the first grade enrollment. Dr. Fobert said that was correct. The Chairman said the Committee has three different projects and for the most part, they may disagree, but they do follow the same pattern. It says the Committee needs more space for the children in the Junior High level. Mui. Farwell said the Metcalf & Eddy projection goes up as they get into 1980. The reason is that they are projecting an increase in the birth rate which is not used in the other project. Mr. Parrish asked if the School Cpmmittee felt Muzzey should be phased out as soon as possible. 506 Mr. Viano replied the Committee feels Muzzey should not be phased out. It does feel in a program that looks to the future, this possibility should not be precluded. The Metcalf & Eddy report considers it to be a reasonably good building. Mr. Parrish asked if the Committee had made any plans as to what Muzzey would be used for after it is phased out. Mr. Viano replied they would plan to use it; it could be phased out if the Town found a better use for it or it outlived its usefulness. The Chairman asked if the Committee still had an open mind. Mr. Viano replied it has an open mind and would like the Board's comments. The Chairman said it seemed to him he would favor Proposal II. Mr. Viano said it is the general consensus of the School Committee that it does favor this plan. M r. Cataldo saic. the Committee must recognize the fact, as far as the article it has in the warrant, it can do nothing else. It is planning money for a new Junior High School at Marrett Road, and according to the article, the Committee does not have an open mind. Mr. Viano said as far as the site is concerned at this particular time. Mr. Cataldo pointed out the Committee cannot consider Proposal I; it can only build a new Junior High School at Marrett Road. Mr. Fisher said it could be postponed to the spring meeting. Mrs. Clarke said the Committee needs to know whether the Town wants Muzzey Junior High School sooner, later or never. M r.Cataldo asked who figured the $2,000,000.00 one. Mr. Viano replied Charles Cole. Mr. Cataldo said Newton is going 800 for $3,000,000. Mr. Fisher said if these figures are low, they are all low in proportion; the,Committee is guessing at the $2,000,000. one. He stated Proposal I brings this many children in one place. Mrs. Clarke said 3300 is more than they will ever need for a High School. Mr. Gary said he did not see why there were three pro- posals and that the Committee must have a judgment from an educational standpoint. He asked what the School Committee's proposal was. Mrs. Clarke replied the Committee wanted to share with the Board what it went through to reach this. Mr. Farwell said if there is considered to be a need for Muzzey outside of a school area, maybe Proposal III 1 507 should be considered on that basis. He said the Committee is saying in this, there is a $1,000,000 difference between Proposal II and Proposal III. If that can be justified by another use of Muzzey, it should receive consideration. He said the use that has been talked is a station or addi- tion to the office complex. Mr. Cataldo stated this complex here cannot wait until 1976 to expand and if any school building is taken, it will be Muzzey for the Police Station. Mr. Farwell said in order to phase out Muzzey over this, the Committee would have to overbuild, and he asked if there was a date on Munroe. Mr. Cataldo replied in the affirmative. Mr. Sheldon said he agreed, based on the facts pre- sented here, that Proposal II is the most feasible and a pparently it meets the needs. Dr. Fobert said it was the most desirable for the Committee and it does not want to overbuild. He said Proposal II permits the Committee to rduce its regu- lation at Muzzey. Mr. Parrish said he did not think the building com- mittee discussing the Town Office has progressed far enough. Mr. Cataldo said the committee has just started to get into it and looking; at it, it cannot wait until 1976. Mr. Farwell said they were talking about 1971 and asked if that would change it. Kinder - Mr. Cataldo r;plied in the negative. gartens Mr. Parrish said there are other alternatives. Mr. Cataldo said if kindergartens are not established, the Police Station could be put down next year at Munroe and save a brand new building. He said a brand new building would be needed in 1965. Mr. Cataldo said if kindergartens are established, the committee will have to start again. He said lookibg at the proposal the School Committee gave the Board, if kindergartens are established, the School Committee is willing to live with conditions until 1973, the Committee cannot be in too much trouble. He asked if the Committee was openin a Junior High in 1971. Mr. Viano replied in the fall of 1971. Mr. Clarke said his method depends on population in Town rather than school population. He said he feels the methods Johnson is using are not applicable unless one assumes the first grade is going to change very radically in the future. The Chairman said the Committee had the sense of the Board of Selectmen. Mrs. Clarke asked if it would be worthwhile for anyone else to estimate the costs. 508 B udgets The Chairman replied the more experts they have giving estimates , and they were consistent, it would lend more weight to the argument. Mr. Fisher said they did go over this with the School Building Committee and confirmed the $20,000 initial appropri- ation figure. Mr. Gary said if they had a new Junior High School in 1972, they would have surplus capacity in the High School from here oh. Mr. Viano said that was correct. Mr. Gary asked if the Committee would consider putting part of the ninth grade over in the High School. Mr. Viano replied it is possible. The Committee had this situation recently and it is not a good program and is a very poor program. There is duplication. He said they have had experience with the problem and it is not a good plan. Mr. Cataluo said he was not present last Monday night when the subject of budgets came up. Tuesday morning, he heard the conditions of the terms of the budget out. He said under no conditions would he be a part of it, and it is a sorry situation if the Town of Lexington is being faced with a situation such as this. He said he did not in any way want to be a part of it. He said if the School Com- mittee can cut its budget for one reason, it can for another. He said he did not think any Board should get into a situ- ation such as this. He said he did not think the Board should operate this way and that the Board should write the School Committee and state under no conditions can it accept something like this. He stated it is the duty of the A ppropriation Committee and the Selectmen to stand up re- gardless of the issue and make their feelings known. He said it was brought to him, the condition the School Com- mittee would cut its budget would be that way if the Boards did mot oppose the kindergarten issue. He said this is not to be the situation and this is no to run the Town of Lexington. He said it came tohim from three separate sources and he refused to be a part of it. Mr. Viano stated, complying with a request from the A ppropriation Committee to help held the tax rate down, the wrong thing to do, maybe the Committee did the wrong thing. It cut its budget $143,A00. He said there were no guarantees when the budget was cut. He said he had not seen the Appropriation Committee report and he did not know what it contains. Mr. Cataldo said it does not corta.in the original - - Mr. Viano was saying that these three people told him last Tuesday was not the case. Mrs. Clarke said the School Committee said it hoped CD 1 509 they would not take a position on the kindergarten if the Committee did make a cut. Mr. Viano said the Appropriation Committee has a financial responsibility to the Town; the School Com- mittee saw fit to cut its budget $143,000, but still show kindergartens as part of its program, this is what it has done. Mr. Cataldo said don't come to these two Boards say- ing you will give us this money if we don't oppose the kindergartens; what I was told Tuesday morning is not the case? Mrs. Clarke said it was stated by the School Committee last Monday night it had every intention of making these cuts no matter what other Town departments did. She said the Committee would have done it regardless. The Chairman said the Committee made these cuts with the wish there would be no opposition from the major Boards of the Town, but with no demands. Mr. Cataldo asked if he hadbeen given an incorrect story and if the minutes were wrong. The Chairman said the School Committee did request - it was not contingent. Mrs. Clarke said it certainly wus not a condition. Mr. Viano said the Committee asked for cooperation. The Chairman stated the approach to him was would he guarantee for his Board and he said he could not. Mr. Parrish said there was discussion as to what the Appropriation Committee's position was on kindergartens. It was his opinion thatthey, as a Board, had voted against kindergartens because they wanted it brought to the attention of Town Meeting, and singularly, they were opposed if it was brought up. He stated he also said he was looking for an area whereby the School Committee would be willing to reduce the budget going into the Town Meeting so the tax rate would not show a substantial increase. There was a discussion about kindergartens and what would happen if the Appropri- ation Committee got the money. He said his opinion was the Appropriation Committee could take the School Committee's suggestions and not argue against any particular program it might have. He said he made it clear tothe School Com- mittee if it cooperated, the Appropriation Committee would cooperate. Mr. Cataldo said this is not the story he was originally given. The Chairman said Mr. Cataldo would find he did state that the request was asked of him if he could guarantee the Board, and he said he could not guarantee the Board's position. Mr. Parrish said there was some indication on the School Committee that if he were to tell them the Appropriation Com- mittee was opposed to kindergartens and would fight it, they 510 would be reluctant to come up with the cuts they came up with. He said there was no guarantee, but there was some,discus- sion. He said if the Appropriation Committee and the Board of Selectmn said they were opposed tokindergartens and would fight it on the floor, he thought the School Com- mittee might not have come up with as much as it did. Mr. Cataldo said on Tuesday there was no question in anyone's mind of :these terms and he refused to be a part of this thing and he thought the Board of Selectmen should go on record. He said the day the Board has, to reduce the tax rate at the expense of not getting up and giving its feelings on any program, is a sorry day. He stated he was not talking individuals, but he did refuse to be a part of this situation. Mr. Noyes asked if the School Committee would feel badly if the Appropriation Committee opposed kindergartens on the Town floor. Mr. Viano said the Appropriation Committee had every right to do it as far as he was concerned. He said the School Committee has committed itself to kindergartens and will feel badly about anyone opposing them, but the Com- mittee did not deny that right. Mr.Noyes asked when the motion is made under Article J.. if it would contain the same cuts. Mr. Viano said the Committee has committed itself to these cuts and stated he was speaking for himself. Mr. Noyes said he asked the Board. Mr. Viano said his personal opinion was, the Com- mittee would. Mr. Blaisdell asked if the School Committee made this out in the appropriation because it felt it had an excessive budget or only because it thought the tax rate would be high. Mr. Viano said the Committee thought its budget was reasonable when it submitted it. The Committee cut it because it was asked to. He said the Committee felt it was in sympathy with the $8.00 in the tax rate. Mr. Blaisdell said it looks like a deal against deal. He said it is the Town of Lexington and they were all taxpayers, wanting the people to have the best school system and the best Town government. He said it seemed to him something is wrong when the Boards come up to the very last minute and find the expenses so high they can cut the figures and say they are not cutting the program. M r. Viano said he did not say they were not cutting their program. The Chairman said every cut in the Selectmen's budget is cutting the program. 1 511 Mr. Blaisdell said this is the first year the School Committee has cut its program. The School and A ppropriation Committee retired at 7:50 P.M. At the request of the Town Clerk, three jurors were drawn. Those drawn for jury duty were Charles Hammond Jurors Dugan, 1265 Massachusetts Avenue; Richard E. Schneider, L.0 Wyman Road, and James H. Stanton, 2127 Massachusetts Avenue. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for location of poles on Massachusetts Avenue. Pole Notices of the hearing were mailed to the petitioners, locations owners of the property as listed on the petitionerst plans and also filed with the Superintendent of Public Works. Mr. Pratt, representing the Boston Edison Company, and Mr. Dunn, representing the #07RtEngIaideTeltiph6113,and Telegraph Cpmpany, were the only persons present for the hearing. Mr. Dunn explained this is just for paper work; the permission already exists andthe telephone company is tying in on the poles. No one wishing to be recorded in favor or in oppo- sition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the follow- ing Ji0 pole locations: Massachusetts Massachusetts Massachusetts Avenue, southwesterly side, southeasterly from a point approximately 142 feet south- east of Wallis Court, -- Three poles. Avenue, southwest(;rly side, at Winthrop Road, -- One pole. Avenue, northeasterly side, approximately )017 feet southeast of Percy Road, -- One pole. (Existing poles, no new poles to be set.) Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the follow- ing 30 pole location on Colony Road: Northwesterly side, approximately 670 feet southwest of Grant Street, -- One pole. (One existing JO pole to be removed.) Messrs. Dunn and Pratt retired. 512 Mr.Legro said he had an Order of Taking of the Order of property at the corner of North and Adams Street, owned Taking by Bennett, for sewer purposes He stated damages have Bennett land been agreed upon and only references were made to them in the Order. Upon motion duly made and seconded, it was voted to execute the Order of Taking as prepared and submitted by Town Counsel. Mr. Legro referred to the acquisition of land from Trinity Gov. the Trinity Covenant Church and said he had an instrument Church re- containing a partial release. lease Upon motion duly made and seconded, it was voted to execute the instrument as prepared and submitted by Town Counsel. W ith reference to letter, dated February 9, 1967, received from the Planning Board in regard to the Great Meadows, Mr. Legro said in general he agreed with the P lanning Boards comments relating to the validity of the zoning. He said there are just two uses, farming and golf course, that have any relationship to any economic use and the rest are public uses. H e said he thought there was considerable doubt if it might be considered valid any particular parcel of land that was afterward conveyed to an individual especially if the land was not feasible for"' these two uses. The Chairman said the provision could not give Arlington what it wants. Mr. Sheldon asked how Arlington could be given what it wants. Mr.Legro replied Arlington owns the land and can control it. The Chairman said Lexington has a degree of control. Mr. Legro said Arlington has to use it within the framework of the present zoning which is R-1. Mr. Mabee asked if a Town owns land within another Town's boundary if there was any obligation on the Town who owns the land. Mr. Legro said he would be glad to give an amplification. M r. Mabee said he would be very interested in hearing that. Mr. Legro said getting into the field of protection is getting close to depriving the land of any productive use. Mr. Mabee said the Board could not zone and get the same use of the land it is now,acquiring it for under Conservation purposes. Mr. Legro explained that is one of the reasons the Legislature created Conservation Commissicns for the acqui- sition of open spaces; those things are ordinarily done by CAD r., i 1 taking ebetlandor purchasing it so to have control as the Owner. The Chairman asked if anyone disagreed with the statements of the Planning Board. ;Mr. Sheldon said the Board would have a problem explaining this to the Board. of Selectmen of Arlington. Mr. Legro said he had not discussed this with Joe Purcell at all. Mr. Sheldon said Arlington is planning action at itssTown Meeting. Mr. Legro agreed to discuss this with Mr. Purcell, Town Counsel of Arlington. The Chairman said in general this Board agrees with the Planning Board. Letter was received from Officer Stanley Robbins advising that on February 23, 1967, his car was parked at the rear of the Police Station while he was working and a Town Front End Loader struck it. Two estimates of damages were attaciaed. Mr. Legro advised this should immediately be re- ferred to the insurance company. The Chairman asked. Mr. Gray to follow this through. The Chairman reada letter, dated February 24, 1967, from Mr. Carroll with reference to further reductions made in the Public Works budget on February 20, 1967. Mr. Carroll submitted pictures taken by Mr. Mazerall of the trees around town damaged by the two recent storms. Mr. Sheldon said he wouldbe in favor of putting the two men back. Upon motion duly made and seconded, it was unanimously voted to put back the two men in Account #4900, Public Yorks Personal Services -a) Additional permanent personnel. Upon motion duly made and seconded, it was unanimously voted to increase the number of summer help from four to eight. 513 Claim Budgets t was the sense of the Boardnot to approve the item of a Oky bucket in the Road Machinery - Capital Outlay, and no acion was taken to reconsider. Upon motion duly made andseconded, it was voted to approve the following JO pole location on Lowell Street: Pole SouthWesterly side, approximately 559 feet northwest of location Bartlett Avenue. 14 co clT�y N.' Copy of letter from the Emerson Gardens to Mr. Carroll was receivedin regard to the extra width of Emerson Rd. Emerson Road from 50' bbreet to 70' street. subdivision Mr. Carroll stated this is the subdivision on width Emerson Gardens where the subdivider constructedthe road to a wider width than the specifications called for. He said he hadthe money to pay this $9,686.30. the Chairman said. the Boardshould check with the Planning Board.. Mr. Legro advised the Planning Board has to make a recommendation. Tax title Letter was received from Richard. E. and Patricia P. Filipowski, 10 Round Hill Road., and Mr. and Mrs. Byron F. Blanchard, 16 Round Hill Road, offering $600 for lot #56-199 Round Hill Road,and stating the lot will be divided equally rendering it useless as a house lot. Action was deferred until Mr'. Cataldo has. an op- portunity to look at the lot and report his recommendation back to the Board. Warrant in the amount of $5,082.76 was received as Assessment the Town's assessment for the maintenance, operation and. repair of the Middlesex County Sanatorium for the year 1966. Upon motion duly made and seconded, it was voted. to certify the characters of Henry E. Helms, 348 Marrett Road, and Gerald J. Holton, 14 Trotting Horse Drive, appli- cations for Certificates of Incorporation: The Chairman read a letter from Franklyn J. Crosby, Commendation 5 Piper Road, recommending that a letter of commendation be sent to Lieutenant Wallace Cupp and Privates William Whiting and Walter Cunha of the Fire Department. With reference to the vacancy in the Board of Assessors, caused by Mr. Hoyt's death, the Chairman suggested that the Assessor Board contact the Chairman of the Board of Assessors to find out whether or not he has any suggestions. He also suggested. that the members of the Board give this subject some thought during the week and consider it further at the next meeting. Upon motion duly made andseconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held. on February 20, 1967. Mr. Legro said he wrote the Boarda letter on February 24, 1967 regarding the West property. Back in 1940, a sewer was constructed. on Oak Street and a betterment assessed.. Cert. of Incorporation 1 1 He explained the site the Town is interested in the betterment is $1,002.00. The owner then was Nichols and the Town entered. into an agreement, dated. July 21, 1942, whereby the Selectmen abated the sewer assessment and Nichols agreed to pay to the Town, when any part of his land was sold, at the rate of $150.00 for each 12,500 square feet, or part thereof, so sold., until the Town re- ceived an aggregate of such payments amounting to the as- sessment with interest at the rate of one percent per annum from January 1, 1942. The agreement was a covenant run- ning with the land and when West acquired the land in 1945) the deed recited the conveyance was made subject to the agreement dated. July 21, 1942. He said it seemed to him that the West agreement of November 20, 1954 requires the specified payments to be made to the Town at the time of the conveyance to the Town, but he thought this was a matter which should be decided by the Board.. Mr. Legro stated that there was also a water better- mentassessment against the property in 1950 in the amount of $1,246.50. The sum of $309.00 was abatedon the lot upon which the house is located and $375.00 for 250' on Oak Street and $562.50 for 375' on Oak Street were deferred. He explained it may not be possible to complete the acqui- sition this coming week, but he thought it is a matter of policy to be determined by the Board of Selectmen. Mr. Sheldon said it appeared. the Wests should pay thesei betterments. Mr. Cataldo said there is no question they have to pay and asked if Mr. Legro had discussedthe subject with West. Mr. Legro repliedin the negative. Mr. Sheldon asked if this was something Mr. Legro wouldtalk to West about. Mr. Legro saidhe wouldbe willing to. The Chairman said he didnot think the Board had any choice but to collect the betterments. At 8:40 F.M., Messrs. Parrish, Gary, Blaisdell, Zehner, Kolovson and Noyes, Appropriation Committee, met with the Board.. 515 West land Further discussion on 1967 budget requets was held somewhat as follows: #3800 -.Police Expenses - Mr. Parrish said the Appropri- ation Committee is using $50,000. Mr. Gray said they cut it $26,025. Mr. Parrish explained the item #550 was cut because the Chief has already purchased the guns. The committee cut $500 off batteries. Mr. Gray saidhe found out today the revolvers have already been purchased. What the Chief wanted to do with the money was to buy some riot control equipment which he said amounted -to $500. Mr. Cataldo, referring to item $1,050, said the Chief said. he purchased the guns for the new men and this was replacement of the old ones. He asked if this had changed.. Mr. Gray replied apparbntly it has. The Board of Selectmen approved total amount of $50,250.00 for Police expenses. #5100 - Engineering Personal Services Mr. Parrish said. the Appropriation Committee reduced the overtime Mr. Carroll explainedovertime is on subdivision in- spections, water and sewer inspections, making traffic. counts between seven and nine in the morning and. four to six in the evening and surveying. He said the overtime is not related. to the survey for any of the sewer program. The Boards approveda total amount of $78,978 for Engi- neering Personal Services. #5250 - Town Offices and Cary Building Personal Ser- vices - was approved in the amount of $33,400. #5600 - Street Lights Expenses - was approved in the amount of $78,000. #6200 - Public Facilities Expenses - was approved in the amount of $2768. Mr. Parrish said the Committee is bonding sewers so there will be money available for land acquisition. Mr. Cataldo said the only purpose is to keep the tax rate down. On the other hand, there is $300,000 land acqui- sition in the warrant this year. Mr. Gray said. the Board is recommending $750,000 bonding. Mr. Parrish said the Committee is opposed to Article 28, underground wiring on Meriam Street. He said the building on the corner has yet to come down andthe beautification is yet to be started. Mr. Parrish asked the purpose of Article 32, Conser- vation Commission options and appraisals. Mr. Legro explainedthis is an article requested by the Conservation Commission, and he had previously stated. it would not work because the Commission has no right to acquire land for anything but conservation purposes. Both Boards agreed to postpone this article. 51T Both Boards agreedto postpone Article 31, Planning Board options and appraisals. Mr. Parrish said the Committee is opposed to Article 3, a study of traffic conditions on Bedford Street, Hartwell Avenue and Wood Street. The Committee felt the Town should get some agreement from the Air Base to share in the cost before the Town goes ahead and does all this work. Mr. Carroll stated. the Federal Government has no con- trol over roads not in the base. Mr. Parrish saidthey wouldlike some more prelimi- nary discussions before spending $26,000. Mr. Parrish, with reference to streets, said the Com- mittee has cut out Emerson Road, Crescent Road, ':well Avenue and Blossomcrest Street. It is down to $93,000 for sundry streets and $50,000 for capital outlay streets. Mr. Gray advised S4,000 is neededfor damages on Emerson Road. Mr. Parrish said. the Committee understood Article 63 is Worthen Road and the committee is opposed. The Committee is opposed to Article 64, Article 66, no information, and Article 67 postpone. the Board explained the request for an instructional pool. • Mr. Parrish said ARticle 72 has been taken out, Article 75 is out. The committee is opposed to Article 81. He said the request under ARticle 77 is $10,000 and the Committee has approved $2,000. The Committee is opposed to the fence at the Adams School. Mr. Parrish said the Committee has approved $86,000 for Whipple Hill, Article 78. The Chairman questioned the wisdom of this expenditure when aconcerted effort is being made to cut the budgets in an effort to keep the tax rate down. Mr. Cataldo suggested that an appraisal be made and a taking: made. Mks. Legro advised before any substantial amount of money is appropriated, there should be an appraisal. The Chairman said it seemed this is -something the Appropriation Committee might recommend to be postponed. Mr. Cataldo questioned appropriationg $86,000 and leaving the money stand for two years until the Board can come to terms. He statedthe circumstances are entirely different now. He said there should be sufficient funds to give the Board latitude to make a taking. Mr. Parrish said he would agree to that. The Chairman, referring to #4.900 - Public Works Per- sonal Services - said. the Boardhad to give two additional 518. laborers and eight summer laborers. He explainedof the two permanent laborers, one will be a janitor and one a mechanic. The Chairman said the Board wouldtake another look at the budgets and. see if it can get $10,000, but personally, he would not agree to cutting the services to the public below what it now has. The Appropriation Committee and Mr. Legro retired at 10:05 F.M. Messrs. Greeley, Campbell, Fowle, Worrell, Mrs. Riffin and. Mr. Zaleski met with the Board.. The Chairman said what the Board has to discuss with the Planning Board, in part, has to be in Executive Session. Upon motion duly made andseconded, it was voted Executive to go into Executive Session for the purpose of discussing, Session deliverating or voting on matters which, if made pbblic, might adversely affect the public security, the financial interest of the Town, or the reputation of"any person. Following discussion with the Planning Board relating to zoning and other matters, it was voted to resume the open meeting. Mr. Carroll submitteda plan of the connection of Worthen Road. to Pleasant Street, explained what the State proposes and answered questions asked by citizens present at the meeting. The Planning Board and. Mr. Carroll retired at 10:45 P.M. Chairman Fitzgerald., Messrs. Robbins, Bailey and Chief Engineer Spellman met with the Bowed. Upon motion duly made andseconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on mattersrbich, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion in regard to'salaries, it was voted to resume the open meeting. Mr. Sheldon said the Board discussed getting two appraisals on the Whipple Hill property. Whipple Hill Upon motion duly made and seconded, it was voted. appraisals to authorize Mr. Gray, in conjunction with Town Counsel,to obtain one appraisal of the Whipple Hill land. Mr.Cataldo asked what action the Board was going to take on Worthen Road. He asked if the Board was going to tell Commissioner Hibbs that it accepts this con- nector andaske about the conditions. 1 1 519 Mr. Sheldon said the Board would have to have a meeting and let these people express their views. The Chairman saidhe thought the Boardwould have to schedule a public meeting. Worthen Road Mr. Mabee suggested that the Boardvote on whether connector or trot this is acceptable to this Board. Then findout what (she time schedule is and then have a public meeting. Mr. Cataldo asked the purpose of the public meeting. The Chairman said he thought the Board would have to give these people a little more chance than they had tonight. It was agreed that Mr. Cataldo and. Mr. Carroll would arrange a meeting with the State Department of Public Works first and get some more detailed information which they would report back to the Board. Upon motion duly made and seconded, it was voted. to adjourn at 11:30 P.M. A true record, Attest: moi/> ive ler, Select 520 Guide Partial Release Route 2 and Watertown Street Maney pro- perty connection SELECTMEN'S MEETING March 6,. 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, March 6, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee, 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. Richard G. Gillespie, 4 Grassland Street, appli- cant for a Guide License, met with the Board . Upon motion duly made and seconded, it was voted to issue a Guide License to Mr. Gillespie. Mr. Legro stated he had a release from a sewer betterment assessment of that part of the land owned by Sheldon R. & Selma L. Roen, 37 Peacock Farm Road, that was taken for Route 2. Upon motion duly made and,,seconded, it was voted to exercise the Instrument of Partial Release. Mr. Carroll referred to Route 2 and Watertown Street and the questions submitted to the State and the statements the Board made to the State by letter of February ]i , 1967 from the Board. He said the Board asked the State to consider the limit of construction of Watertown Street be extended to the Belmont Line and that the State take over the jurisdiction of 560 feet. He reported the State will accept the maintenance and jurisdiction, but it will not construct it under the present contract. He said the Board requested no left turns on ramp D, and the State has agreed they will not be able to make a left turn on this route. He said the Board requested sidewalks on both sides and the State will only approve the east side. The State will install a section of pipe through the bridge, and the Town will have to pay the difference in the size of this which will carne to $500. Mr. Carroll stated Mr. Zaleski, Planning Director, asked him to look at this a little while ago. The Planning Board has come up with the idea of having a connection from the Maney property and the adjacent properties which would go out to Revere Street as a rear access and take some traffic off Bedford Street. One scheme is a road off Bedford Street which would be the new entrance to the Town barn. The other scheme is to run a long deadend in from Revere Stret to the back of the properties. 1 Mr. Carroll said he felt, in regard to Scheme one, that he is 100% opposed to it, and pointed out highway traffic will be mixed with public workss't fic.' He said the other scheme, he thought, talking bout the barn, the Board should be concerned abojr--t Sic it has there. He stated the Planning Board -is recommending a strip 70' x 2001 and it becomes, as far as he is concerned, an important area. He said on that basis alone he thought the Board should tell the Planning Board this is not something it will go along with. He stated first of all, it involves a house taking on Revere Street and he did not think it would relieve the traffic enough to warrant this kind of an expenditure. Mr. Cataldo pointed out no one knows how that land is going to be developed and until it is known what is going to develop in there at the Maney property, this should be deferred. • Mr. Carroll said he did not think this is the solu- tion to the traffic problem. The Chairman said at this point in time the Board of Selectmen is not prone to Lo along with this. Mr. Carroll said he would tell Mr. Zaleski. Chief Corr presented a gift to Mr. Sheldon, his last night as a member of the Board, with a gift as a token of esteem from the members of the Police Department. He expressed the department's appreciation of what Mr. Sheldon has done for the .Town and to the department on behalf of the Town. Mr. Franklyn Crosby said he fell and if he fell on Town property, he had no intention of making a case out of it, 521 Gift Mr. Gray said Chief Corr wanted him to bring to the Board's attention that Mrs. Ryan, a school crossing guard, Mrs. plans has been out of work for quite a while as a result of a sick serious accident. He would like permission to pay her leave an additional thirty -day sick leave. Upon motion duly made and seconded, it was voted to authorize Chief Corr to extend Mrs. Theresa Ryan's sick leave for a period of thirty days. Mr. Gray reported some changes in the Blue -Cross - Blue Shield, namely the Master Medical Program and said he would like permission to talk to the department heads and employees regarding this program. He said it appears this could be increased with no extra cost. It was agreed not to take any action until Mr. Gray investigates and determines whether or not this program has any merit. Blue Cross Blue Shield 522 Mr. Gray said he had a bill from the Town By -Laws Committee and Mr. Green, Chairman of the Committee, said Town By- there were no funds in the account to cover it. The Laws' Comm. balance in the committee's account is $68.00, leaving a bill balance of $181.60 for which there are no funds. The Chairman said the bill is dated this year and asked why it couldn't be paid out of the appropriation the committee is requesting this year. It was agreed to wait until after Town Meeting, and when funds have been appropriated for the committee, this bill can then be paid out of those funds. Letter was received from Mrs. Margery M. Battin, Chairman of the Structure of Town Government Committee, with a motion the committee plans to present under Article 73. MOTION The Chairman said the Board received a motion from Town Counsel which is now in proper form. The Chairman reported a member of the TMMA asked him for the Board's position on several of the articles. He said the Board had not taken a position, so he gave the member of the TMMA his own feelings. Notice was received from the State Department of Highway re- Public Works relative to a hearing on March 9, 1967 for classifi- the purpose of reviewing and commenting on the proposed cation plan.highway classification plan for the Town. Mr. Carroll said someone from his department would attend the hearing. The Chairman read a letter from the Planning Board stating it is the unanimous opinion of that Board that Blossom- the laying out and construction of Blossomcrest Road from crest Road Worthen Road to Meadow Brook Avenue and from Allen Street 723' westerly forms an essential link in the Town's street system. The Planning Board strongly recommended that Blossomcrest Road be laid out and constructed as proposed. The Chairman read a letter from William Reed, 14.6 Golden Avenue, who is opposed to making that street a through way to Winter Street. The Chairman asked if, actually, that connection Golden Ave. was rather difficult. Mr. Carroll replied it was not as 'difficult as he thought it was going to be. The Chairman asked if Mr. Carroll thought the Board sho old look at this again. Mr. Carroll said all the neighbors were opposed to 1 this connecting to Winter Street. He said the Board would have to get the State to agree and the Town would definitely cut across the golf course green. Mr. Cataldo said at this late date, the Board would have to go in and tell the State either it wants this or it doesn't want it. Mr. Carroll said the job is going out for bid on March 20. He said on the basis of what these people told him, a letter was written to the State and the statement made this was the official stand of the Board. The Chairman asked if the Board wanted to recon- sider its position and asked if there was enough addi- tional information to warrant it. Mr. Carroll said even though these people feel they want to live in Lexington, once this is built, they will be so divorced from Lexington they will have to go to Belmont or Arlington. He said if this road is not built now by the State, the State will never do it two years from now. He said these people know the facts which were presented to them. They were told about the possi- bility of becoming residents of Belmont or Arlington. They felt being on a deadend street was more important than being in Lexington. He said he felt the Board should leave this alone. The Board agreed not to change its previous position. Letter was received from Mrs. Arlene Stiglitz, 23 Turning Mill Road, requesting installation of sidewalks on Turning Mill Road between Demar Road and Robinson Road and on Robinson Road from Turning Mill Road to the Estabrook School. Mr. Carroll said he did not think the Board made a decision in regard to Mr. Whitmanis request and Mrs. Stiglitz is asking for what Mr. Carroll said would be asked for. `i►h'e Chairman said there is nothing that can be done speci.ically he wanted it this year, but would like to have it some time. The Chairman read a letter from the Chamber of Commerce requesting the use of the Visitors' Center the third Wednes- day awning in each month for meetings of the Board of Direo.l ors. !4r. Cataldo said he thought the Chamber of Commerce should be given consideration. The Chairman said he would be in favor of granting the use without a custodian. Mr. Cataldo felt a custodian should be on duty. Mr. York, 1st Vice President of the Chamber of Commence, asked the purpose of a custodian, and Mr. Sheldon explained this is Town property. 523. Sidewalks Visitors' Centee' 524 Mr. York said he thought the Chamber could afford to pay a custodian. Visitors' Upon motion duly made and seconded, it was voted Center to grant the Chamber of Commerce use of the Visitors' Center the third Thursday of each month for the Board of Directors' meeting, sub4ect to a charge for custodian's overtime services. Mr. Kolovson, Mrs. Scharfman, of the Lexington Implementation Committee, and the landscape architect, met with the Board. The Chairman, a member of the Committee, stated the committee has gone ahead with the beautification Lexington aspect and the plan, posted on the wall, is the unani- Center plan mous recommendation of thn committee. Mr. Frey explained the overall master plan of the whole avenue and said as he understood it, the Town has only enough money to do the Hunt Block and the Baker Block. He said he thought he should do the master plan from the Minute Man statue all the way to the Town Offices. There will be fifty-five ears on both sides of Massachu- setts Avenue. This is a compromise plan agreed upon by the Selectmen earlier. In order to get the parking in, they had to eliminate the double row of trees in some places. They have not gone into the details of the ex- act material of the street, but it will be a different color asphalt, concrete, or cobblestones. He explained the plan as presented. He also explained the model placed on the Selectmen's table. The Chairman said he wanted to make it clear that no final decisions had been made. Mr. Cataldo asked if the second row of trees in front of the Post Office would be on Post Office property or Town property. Mr. Frey replied it is all the Massachusetts Avenue right of way. Mr. Cataldo asked what the cross sections would look like in front of the Post Office. Mr. Frey said there will be no pots, only the raised planting pieces. Mr. Cataldo asked the width of the sidewalk and asked if there would be trees on each side. Mr. Frey said there will be the curb. The trees are about twelve feet apart and six feet from the curb. The sidewalk from the street to the grass is about fifteen or ,sixteen feet. He said the existing curb line would be moved out. He said in front of the Post Office it will be moved out by only about five feet. Mr. Cataldo asked if the Board could have a cross section with dimensions, and asked why they were going to a single row of trees in Depot Square. Mr. Frey replied mostly to get the number of cars in. 1 52, The Chairman explained the Board did direct the com- mittee to maintain fifty-five places. In order to maintain the fifty-five places, this was the only place the committee could get the extra places. Cataldo asked why he did it aesthetically. Mr. Frey stated it, vas felt the activity area where the space is needed is in front of the store; adding more trees to the park did not seem so important as it did along the commercial area. Mr. Cataldo asked what was going to happen at the Central Block and if Mr. Frey felt, aesthetically, the Board should take this approach. He asked what Mr. Frey thought, supposing that nothing is done with the Centril Block for twenty years. Mr. Frey replied he really could not say, as he had not thought about it in that way. He said this is a master plan but it has not been approved. Mr. Cataldo asked if he was recommending the same variety of trees that are there now. Mr. Frey replied either that or a honey locust, which is an excellent street tree with low maintenance. The Chairman said the committee does unanimously recommend this layout. The details as to the sidewalk material and where different things are going to go has not been decided. He said the basic layout of the trees is the committees recommendation and it needs approval of the Board at this point. He explained all the com- mittee is asking this evening is approval of the basic layout on the trees and the curb line. Mr. Cataldo said before accepting it, he would like the Board to take it under advisement because there are, number of things he would like to discuss. Later in the meeting Mr. Cataldo said he had very strong reservations in his mind, only to the point, where the Board is going into one section somehow, somewhere it is going to change. He said if he could get some strong assurance that it would not change, he would not object to it. He said he could not understand the movement of the cars. He said he was very skeptical of this being the final plan in the final analysis, and did agree everyone has very good intentions. The Chairman said this was the unanimous vote of the committee; this is it. Mr. Cataldo said the attitude of the committee is not one of complete cooperation with the Board. He said he was afraid the Board wo,ild accept this at this point and next year come in and make some changes for the second section. Mr. Burnell asked where the changes would be made. Mr. Cataldo replied between the front of the Post Office and Depot Square. He said he understood the X26 number of cars are the same, but after listening to the reasons for placing some of these trees, he had very strong reservations, and he would like to see this cross section. He said he did not think this was all coming out as the Board thought it was going to come out. Mr. Gray said Mr. Frey could prepare that. The Chairman said he could see no problem with that, and the cross sections could be obtained. He asked if Mr. Cataldc would feel any better if the committee gave him its vote. Mr. Cataldo said this is what the Board is accepting but who could say it would not change. Mr. Burnell suggested, before voting on it, to get the cross sections of the two ends. The Chairman said this plan is after much discussion by the committee and is one upon which the committee was able to agree. Mr. Cataldo said he could not see why they went from four to three cars in one area. He said after going into a meeting and listening to some of the comments made, he was very reluctant. The Chairman asked. Mr. Gray to follow this through and get the cross sections for next week's meeting. Further consideration was given to an offer received for the purchase of tax title lot 56-199 Round Hill Road.. Mr. Cataldo reported he looked at the lot and asked if the Boardsold the lot and it was divided between the title two abutters if they could. makeit a part of their lots. He said the lot has 400 foot frontage. Mr. Legro said he assumed the Board would put a re- striction in the deed requiring that it be combined. The Chairman said if the Board puts the proper restrictions in the deed, the offer of $600 wouldbe a fair price. Mr. Cataldo stated there is no street or facilities. Mr. Carroll agreedto look at the street andthe decision was held over for another week. Carnival Letter was recei.ved'from the Lexington Post V.F.W. requesting permission to hold a carnival at Parker Field from May 17, 1967 through May 20, 1967. Mr. Gray pointed out this activity would be held during the school term and might interfere with the athletic program. Upon motion duly made andseconded, it was voted to deny the request. Letter was received. from Mr. Burrell, Director of Civil Defense, advising that his clerk will be on sick leave for an extended period beginning March 10. Mrs. Hall 1 527. who has been working for him part time, will fill in full time and he requested permission to charge her salary for Clerical the month of March, $267.00, to the Selectmen's Clerical Labor Pool Labor Pool. UpOn motion duly made and seconded, it was voted to grant Mr. Burrell's request. Notice was received from the TMMA regarding a warrant information meeting on Wednesday, March 1$, 1967, at 8:00 P.M. in the Science Lecture Hall at the High School. The Chairman reported that in line with previous practice, he had asked the Chairman of the Board of Appeals and the Chairman of the Board of Assessors, for recommeindations to fill vacancies on these two Boards. He said he receiveda letter from Mr. Nickerson, Chair- man of the Board of Appeals, recommending appointment of Mr. Howard H. Dawes. Upon motion duly made and seconded, it was voted to appoint Howard. H. Dawes a regular member of the Board of Appeals for an unexpiredterm ending March 31, 1968, Appointment to fill the vacancy caused by the death of Mr. Lewis L. Hoyt. The Chairman said he had not receiveda recommendation from the Board of Assessors. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held. on Minutes February 27, 1967. The Chairman said Buckman Tavern is in deplorable shape. He read a letter from Town Counsel in regard to the subject and concluded that if the Historical Buckman society and the Board of Selectmen want a bill presented Tavern to the Legislature seeking authority to appropriate money for the repairs without terminating the lease to the Society, he would be pleasedto assist in the preparation of a petition for such legislation. The Chairman asked if the Board was requesting its Representative to file legislation. It was agreedto insert an Article in the Warrant for the June Town Meeting. Mr. Legro agreed to discuss the subject with the Director of Accounts. The Chairman said he received a petition, presented to him this evening, from people in the Freemont Street Lloyd land area, urging favorable action on the purchase of lots 222 and 223 and the 916 acres of land owned by Paul B. Lloyd.. 52.8 Upon motion duly made and seconded, it was voted to adjourn at 10:35 P.M. A true record., Attest: 1 SELECTMEN'S MEETING March 13, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, March 13, 1967, at 7:30 F.M. Messrs. Cole, Burnell, Cataldo, Mabee and Kenney were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. The meeting was called to order by the Clerk who stated nominations were in order for nominating a Chair- man of the Board. Mr. Lingoln P. Cole, Jr. was nominated and. the nomination seconded. There were no other nominations. Upon motion duly made and seconded, nominations were closed. Motion was duly made and seconded, to elect Mr. Lincoln P. Cole, Jr., Chairman. The Clerk cast one ballot and Mr. Lincoln P. Cole, Jr. was elected Chair- man of the Board for the ensuing year. Petition was received requesting the Board to take immediate action to restrain a dog owned by Joseph Dattoli, 101 Cliffe Avenue. Mr. Harris Feierstein, 28 Lillian Road, said he would not like to come to the point where any injustice would Dattoli dog be done to the animal and that the people would be ratio- ned seeing that a restraining order be set forth and that the dog be kept on a leash and let it be a watchdog in its own home. Mr. Gray reported Officer Carlson tried several times to get a voluntary restraining order but has not had any success and his recommendation is that the Board of Select- men hold a hearing on restraining this dog. Mr. Feierstein said he called. Mr. Dattoli the other day and he mentionedhe was aware of a restraining order and knew it should be enforced. Mr. Dattoli told. him he was not sure if it was for five, ten days or for the duration of the life of the dog. Mr. Feierstein said he has been told the restraining order is a permanent order. The dog was tied up for two weeks. Mr. Gray said he thought Officer Carlson was voluntarily looking for the cooperation of the owner. He has had no cooperation. The Chairman askedif the Board hadto hold a hearing. He said he thought the Dog Officer was trying to tell the Board he would like tohave a hearing. 529 Organization 530 A motion to hold a hearing was made, but not seconded. The Chairman pointed out Town Meeting would be held for the next two Mondays. Mr. Cataldo recommended that the Dog Officer issue a restraining order. Mr. Gray stated that the Dog Officer does have the authority to issue a restraining order. Upon motion duly made and seconded, it was voted to "direct the Dog Officer to indefinitely restrain the dog". Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Pole Company for location of one pole on Lowell Street. location Mr. Dunn, representing the telephone company, and Mr. Pratt, representing the Boston Edison Company, were the only persons present for the hearing. Notices of the hearing were mailed to the peti- tioners, owners of the property as listedon the petitioners' plans andalso filed with the Superintendent of Public Works. Mr. Dunn explained this is for paper work only. It is an existing pole at this location and the telephone company would like to use it also. It is a change from single to J0. Juror No one present wishing to be'record.ed in favor or in opposition, the hearing was declared. closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing JO pole location: Lowell Street, southwesterly side, approximately 706 feet southeast of ,Woburn Street, -- One pole. (An existing pole, no new pole to be set.) At the request of the Town Clerk, one juror was drawn. Mr. David K. Barton, 6 Abbott Road, was drawn for jury duty. Mr. Gray reported receipt of a' letter from Burt Nichols', 9 Tufts Road, in i @gard to Article 87 in the Warrant. This is the article referring to swimming pools and a copyGof'-: the;cletieft)bas been mailed to Town Counsel and also to Mr. Robert Custance,' Chairman of the Committee. He said this is for the Board's information and thought it should be answered by Town Counsel.' The Chairman said. the Board would hold the letter until it receives a reply from Town Counsel and Mr. Custance. He requestedthat copies of the letter be sent to each member of the Board. 1 53.1_ Mr. Gray submitteda bill, in the amount of $2,490.63, received from Mr. John Frey for landscape architectural ser- vices. He explained this is according to the agreement. Architect's Upon motion duly made and seconded, it was voted bill - to approve the bill and authorize payment to Mr. John Center Frey in the amount of $2,490.63. Mr. Gray reported receipt of a request from the Lex- ington Lions Club for permission to operate a booth April 19 in front of the Trani store on Town land. It April 19 is proposed to locate the booth in front of the store booth leaving a reasonable distance to go by it. He explained the request is for what is now sidewalk. The Chairman statedhe thought the Board should be careful of what land it makes available. Mr. Cataldo suggested that it be limited to an area and width, if the Board is going along with this. Mr. Mabee pointed out this area would be Town property next year also. Mr. Burnell said he did not think this booth belonged in front of the store and if this is permitted in front of Trani's, he didnot see how the Boardcoulddo anything different with anyone else coming in up and down the street. Mr. Gray was instructed to contact Mr. Reed., who filed. the request on behalf of the Lions Club, and suggest strongly that they locate on private property. Mr. Gray stated in going over the budgets, the Town Clerk made an error in the classification of one of her employees andit should be corrected.. It is a matter of 'down Clerk adding $325 to the Town Clerk's budget. He reported Mr. Perry will take the subject up with the Appropriation Committee this evening. The Chairman said he was aware of it, andit is an error. Upon motion duly made and seconded, it was voted. to approve the change. Mr. Carroll said the Snow Removal budget request is $84,000. Up to this point, he is committed to $66,299.00 Snow including some items which'he proposes to buy this year. removal It would leave about $18,000 to get through the rest of the year. He said if there are no storms between now and Town Meeting, it is a reasonable gamble. The Chairman said one storm in the fall would use this up, and if the proper amount of money is not appropri- ated, a transfer from the Reserve Fund would have to be made. Mr. Gray said there is going to be a special meeting in June. 532 The Chairman asked. Mr. Carroll by what amount he would want to increase the budget and Mr. Carroll replied $10,000, assuming there is no storm between now and Town Meeting. The Chairman said. the Appropriation Committee has a legal meeting with the Board this evening and. he would ask the Committee at that time what it thinks. Mr. Carroll said the overtime figure is requested. at $5,000. Up to now he has spent $25,000, but he thought there was no problem. Mr. Carroll referred to Article 22 in the Warrant, Lowell Street - Chapter 90. He said it was discussed whether this section of road should. be four lanes or two lanes. The State has done'some work and he has come to the conclusion it should be four lanes. He said nothing could be resolved at Town Meeting except to say the Appropri- ation should. be enough to build the road four lanes wide but there will probably have to be a widening of the layout. The Town Meeting could. lay it out at a subsequent time or the County could lay it out. He stated there may be a taking although he has not had. anything definite, but it Lowell St. looks like a ten -foot taking. He said the road is carry - Chapter 90 ing about 700 cars an hour at peak more than it should, and by making the road four lanes, it would increase the capacity to 1,000 cars an hour. There will still be con- geation but not as much as there is now. • Mr. Burnell said he was concerned about the narrow front yards these people have now. Mr. Carroll said he did not think the Board. had - to make a decision this evening but he thought Town Meeting should. be advised of what the problems are. He said he felt the road. should. be widened and the congestion should be re- daced. He stated. many people feel by making a road wider, it invites traffic, and. to a certain extent, that is true. Mr. Carroll said. his recommendation -right now is that it be widened, but he would not make it final at this point. However, if the Board wanted. a definite recommendation, he could give one. He said there is nothing in the 4arrant that says there is going to be a change in the layout. The Chairman said. if Mr. Carroll did not need a decision from the Board. this evening, he th6i ht he should hold. his recommendation. Mr. Cataldo explained. Mr. Carroll is telling the Board that if someone asks the Board. at Town Meeting what its feeling is, the Board. should be able to tell him, and. if the Board. is going to come up with a position, it should be now. Mr. Carroll said he would. make his recommendation firm. Mr. Cataldo said he felt it should be widened at that point unless one takes the attitude, leave the congestion. The Chairman said he wanted to be sure this problem is peculiar to that area. Mr. Qabroll stated the problem is the fact the cycle of the lights cuts the flow of traffic. It was agreed to go to Town Meeting and: state the design has not been made. Messrs. Parrish, Noyes, Gary, Blaisdell, Grant, Kolovson, Mrs. Souza of the Appropriation Committee, Mr. Ferry, Mr. Sherman, representing the Cemetery Com- missioners, and Mr. Logan Clarke, Chairman of the School Committee, met with the Board. Mr. Parrish said the legal meeting, which the Ap- propriation Committee is required to hold, was in order but his Committee hadno particular questions. The Chairman said there is not too much money left in the Snow Removal budget, and. the Board likes to go into the fall months with • at least $20,000. Mr. Cataldo said the Board does not know if the season is over. The Chairman asked, assuming between now and Town Meeting, there is no storm', If the Appropriation Committee thought it wise to go along with $17,000. Mr. Parrish said they did not know if it was going to be $20,000, $40,000 or what, and a number around $20,000 seems to be an average of what theanount has been over the past five years, but he was willing to go to $25,000. The Chairman saidif the Appropriation Committee was sure there is enough in the Reserve Fund., it would be there if needed., and it would not bother him if the budget was not increased.. He said if more money is needed, a request will be made for a transfer from the Reserve Fund. Mr. Mabee asked about the Recreation budget. Mr. Parrish repliedhis personal feeling is, the reques is the type of thing he hopes would not be done this year. It is adding another person to the payroll. Mr. Mabee said Mr. Parrish being opposed to the swim- ming pool and this goes together. Mr. Parrish said no; he felt the swimming pool was the most peatponable item, but the committee would discuss it some more. Mr. Mabee askedabout the committee's position on the Lloyd. land. Mr. Parrish replied the committee wouldlike to stand where it is on that; indefinite postponement. Mr. Mabee akked if the committee was in favor of the 533 Appropri- ation Com- mittee budget meeting t rlA Whipple Hill land., and Mr. Parrish replied in the affirma- tive. Mr. Mabee said he felt the committee was in favor of the Lloyd. land. Mr. Parrish explainedhe had said if the Whipple Hill land was a new item coming up this year for the first time, they might vote d.iffeeently, but the fact the Town bas voted to acquire this land several times persuadedthe decision. He said where the Lloyd land is coming up for the first time, the committee felt it couldbe postponed. Mr. Mabee explained the Board understood that the owners of the land didnot care when it was sold, but now they would like to sell it to the Town in preference to anyone else, right away, and this has changed the Bbardts opinion. He said. the Board thought it could be postponed, but now in deference to the owners and their strong wish that it be sold. on its merits - -. He said. they are giving the Town a good price and want to sell it to the Town. He said' he would like to see the Boards buy it. Mr. Noyes said there should be some use of the land that the Town might put it to other than the owners want to sell it. Mr. Mabee said the Planning Board definitely wants it for recreatioh. The Chairman said this parcel can be divided into twenty-four house lots and e'yone agrees it would. be better to have the land open. Mr. Parrish said he thought Lloyd. would rather have it open. He said if what the Board has statedin the past is true, it would seem to him that the Lloyds would be willing to sign an option. Mr. Mabee said they would like the option to expire after this Town Meeting. Mr. Gray said they would sign an option for this Town Meeting. Mr. Gary suggested putting this under Conservation and the answer is, there might be some other use for this property. He saidfourteen acres is a large piece of land, for recreational use. Mr. Gray said the committee is talking about twenty-three acres on Whipple Hill. Mr. Gary asked why the Recreation Department is directly responsible for this and askedwhat other uses the Board. might see for this land. Mr. Mabee said there is the possibility of Federal Aid: Mr. Gary said to ask the Town to pay $4,000 an acre.^for landearmarked. for playground is too much. Mr. Cataldo said there is no comparison between the Lloydland purchase price vs the Whipple Hill land.. 5 3 J Mr. Parrish said. the Committeets feeling is some outside pressure has been put on to buy this piece of land, and the committee was told this article had been postponed. Mr. Mabee said once this is put in the warrant, it is a matter of public information and. a lot of things begin to happen. Mr. Parrish asked. what the Assessors' feeling was on.the assessed. value being used. in the committee's report. Mr. Grush replied the Assessors do not have a final figure as yet but he thought they would. look a little more rosily on it --half a million. He said. the com- mittee is not very .far from the mark as far as the As- sessors can project this early. Mr. Parrish asked. when the Town might have to go to reassessment again. Mr. Grush replied. there should be a new professional revaluation by 1972. The work shouldbe done during 1970-71. Mr. Mabee said. he would like the committee to go back and think in terms of Whipple Hill vs the Lloyd. land. and take another look at it. Mr. Parrish asked if the Board had. an appraisal on Whipple Hill. Mr. Gray replied. there would be.one made/ Mr. Mabee said. he did not know what these people would do after Town Meeting; they will sign an option tomorrow for $55,000. They want the Town to have the land. and he thought it is an opportunity far better for the overall interest of the Town than other pieces being discussed and he would. turn down others in. preference to this. Mr. Parrish asked why the Boardput the article in the warrant with the feeling it did not have to be purchased at this time. Mr. Mabee said the Board thoupt in the beginning it wouldgo ahead with this, and the Lloyds originally gave the Board the distinct feeling they didnot want to go ahead with this. They even said two or three years. The change occurred after the warrant was printed.. He explained the Lloyds called him last October and asked if the Town would be interested in acquiring the land and the Board said it would. He and Mr. Gray were appointed by the Board to negotiate and the feeling was they would. sell it to the Townthis year, next year or any time. The Boardthought it was a good postponable article in regard to the tax rate, but since then it has changed. Mr. Cataldo explained the Board was considering 536 the Lloydproperty and talking about it at the same time the Planning Board wanted an article in the warrant to negotiatedwith Lloyd. Mr. Noyes asked if the Boardwas going to oppose Article 78. The Chairman polled. the Board. Mr. Burnell preferred. the Lloydland over Whipple Hill. Mr. Cataldo said if the Whipple Hill land couldnot be purchased for $500 or $600 an acre; he was opposed to the purchase. Mr. Kenney said he wouldgo for both of them. Mr. Cataldo said he definitely opposed the amount of money in the article. The Chairman said he would await a motion to act on Whipple Hill. Motion was made and seconded to oppose the purchase of the Whipple Hill land. Messrs. Burnell and Kenney were recordedin favor of the purchase. The Chairman said he would entertain a motion on the Lloyd land. Upon motion duly made and seconded, it was unani- mously voted to take the position of being in favor of the purchase of the Lloyd land. The joint meeting concluded at 9:00 P.M. Mrs. Morey, Mr. Ripley, Mr. Gary, Mr. Noyes, et als, of the Lexington Historical Society, met with the Board. Mrs. Morey sail their questionsis "where do we go from here". She said the piece in the Minute -man was a little upsetting. She asked if anything came of thl9 Board's discussion with Mr. Legro as to what should be the proper procedure. She said the group was familiar with the terms of the 1913-11.agreement. Mr. Gary said it is town -owned property and the society is anxious to get done what needs to be done. It is a dangerous copdition and the Society must look to the Board for some guidance. The Chairman stated his thought was the money could be put in Article 4. In talking with Town Counsel, the Board was advised legislation is necessary and this would mean an article accepting legislation that was passed. The proper procedure is to get an Act into the legislature and then come back to a June Town Meeting for acceptance of this legislation. Mr. Noyes asked, assuming it is passed and goes to Town Meeting, would the Board award the contract and super- vise the work. CA 537 The Chairman said he did not see how the Society could open the building to the public until the work is done. Mrs. Morey said Mr. Mutrhead feels there could be shoring in the areas of danger So there would be no danger to people coming in during the season. The Chairman said, temporarily, it can be made safe to be opened to the public. Mrs. Morey said it can be open April 19. Mr. Noyes said he was not sure of that. They were not sure this was the best move to make under the circum- stances. The Chairman said if this is an emergency, the Selectmen cannot contract because they have no money. Mr. Cataldo said the society could do the negotiat- ;ing but legally, the Board would have to contract. Mr. Noyes said nothing should be done until after that Town Meeting. Mr. Cataldo agreed this would be the most ethical way to handle the matter, and Mr. Noyes agreed with him. The Chairman said he thought they would be on safe ground if the Selectmen did the contracting. Mr. Mabee said he did not think there was any choice. The Chairman asked for a definite figure, and Mr. Gary said the lowest of three bids was $22,180, plus a figure of not more than $500 for electrical work to be added. The highest bid was $3200 more. Mr. Mabee asked if the Society was satisfied with the low bidder, and Mr. Gary replied in the affirmative but stated he is non-union. The Chairman asked if Buckman Tavern could be opened. Mrs. Morey replied she was given to understand -- . Mr. Gary said they can, in all probability, have the Tavern open April 19 if it goes ahead with some temporary shoring work and there will be no undue hazard to the public. The Chairman asked, if the Society could do that, why not prodeed, and he would file late legislation and the Board would insert an article in the warrant for the June Town Meeting. Mr. Cataldo suggested that the Superintendent of Public Works might be able to help Mr. Muirhead in the shoring work. The group retired at 9:15 P.M. Further consideration was given to an offer of $600 for lot 96-199 Round Hill Road, received from Richard E. Filipowski and Byron Blanchard. Mr. Carroll reported, in his opinion, a building permit could not be issued on this lot today. There are 538 no utilities in the street and there is no need for the Town to use the lot in the future. Upon motion duly made and seconded, it was voted to sell and convey tax title lot 96-199 Round Hill Road to Richard E. and Patricia P. Filipowski and Mr. and Mrs. Byron Blanchard for a total of $600.00, said lot to be divided between the twoebutters and combined lot to be- come a part of their present lots. Upon motion duly made and seconded, it was voted to grant petition of the Boston Edison Company and the Pole New England Telephone and Telegraph Company for permission location to locate one pole on Lowell Street, southwesterly side, approximately 706 feet southeae; of Woburn Street. (This is an existing pole, no new poles to be set.) Letter from Mr. Franklyn Crosby, 5 Piper Road, re - Accident porting an accident caused by a fall on the flagstone walk at the post office, was referred to Town Counsel. Letter was received from the Planing Board re Emerson Rd. commending payment of $9,686.30 to the Emerson Gardens payment Realty Corp. for the extra work in the construction of Emerson Road. Letter was received from the School Committee ask- ing for a copy of the Traffic Study Committee report Adams School on the request of the proponents of Article 91 in regard fence to a fence at the foot of the railroad embankment behind the Adams School. The Chairman asked Mr. Gray to see that Dr. Fobert has a copy of the report in the morning. Letter was received from Chief Corr asking for a transfer f r of $271.28 to his expenses account; one of his cruisers having been involved in a high-speed chase of Transfer a stolen motor vehicle. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $271.28 from the Reserve Fund to the Police De- partment Expenses Account. Mr. Gray discussed insurance coverage on police cruisers and recommended covering the four cruisers and Insurance the fifth marked cruisers. Upon motion duly made and seconded, it was voted to cover the marked cruisers with $100.00 deductible insurance. 539 Letter was received from Mr. Burrell, Director of Civil Defense, in regard to the item of $275 - Out of C.D..Out State Travel - disapproved in his 1967 budget. of State Upon motion duly made and seconded, it was voted gavel to approve the amount of $275 on the basis of it being personal Out of State Travel for the Director. Letter was received from the Board of Health re- ferring to Article 92 in the Warrant relative to air Air pollu- pollution. The Board of Health has agreed to adopt a tion Set of rules to be added to the present Health Rules and Regulations to help govern the natter of air pollution. Letter was received from the Town Celebrations Committee inviting the Board to participate in the ob- Invitation servance of Patriotls Day, April 19. Upon motion duly made and seconded, it was voted to approve Surety Bond Nol 89-81-91 in the amount of Bond $3,000.00 on behalf of Constable John J. Shine, Jr. Upon motion duly made and seconded, it was voted to authroize the Chairman to sign a declaration for Coffee Day March 24 as Coffee Day for Crippled Children. Upon motion duly made and seconded, it was voted to appoint Mr. Allan F. Kenney to represent the Board LVNA on theLVNA Board of Directors. Upon motion duly made and seconded, it was voted to grant the Lexington Council of Churches permission Common to use the Common on March 24, 1967, from 6:30 A.M. until 7:00 A.M. for an Fester Sunrise Service. Report was received from the Planning Board on Articles 31, 57, 61, 63, 65, 66, 75 and 76 of the Warrant for the Annual Town Meeting. Mr. Mabee said any Board of the Town wanting to acquire land should have a clearing Agent. Mr. Cataldo said he would disagree with every Board negotiating for land; the final purchase is made by the Board of Selectmen. He said if the Planning Board wants a parcel of land, fine, but it should come to the Board of Selectmen first. Mr. Mabee suggested a meeting with those people in Town, whoever they are, who are empowered to negotiate, for the purpose of establishing rules and regulations to be followed. Land 'acquisition 540 Use of hall Appointments Minutes Board of Appeals Selectmen's Application was received from Joseph Beaudette, Meadvw- brook Road, Lincoln, requesting permission, on behalf of the John Birch Society, to show a civil rights film in Cary Hall on April 7, 1967. Mr. Gray was requested to find out whether or not the Society, as such, is a registered Chapter in Town. Upon motion duly made and seconded, it was voted to make the following Annual Appointments: APPOINTMENTS (Terms expiring March 31, unless Building Inspector Director of Civil Defense Director of Veterans' Benefits Executive Assistant, Selectmen Executive Clerk, Selectmen Fence Viewers otherwise noted) Donald K. Irwin Arthur E. Burrell & Services Bernard J. Belcastro,Jr. Albert Gray, Jr. Hazel J. Murray Rev. Harold T. Handley John J. Garrity James F. Corr Field Drivers Insect Pest Control (Within 10 days after organization of Board) Lockup Keeper Park Department Superintendent Public Works Superintendent Public Works Assistant Supertntendent Registrar of Voters (Three-year term) Sealer of Weights & Measures Town Counsel Town Engineer Town Engineer, Assistant Tree Warden Veterans' Graves Officer Wire Inspector Paul E. Mazerall James F. Corr Paul E. Mazerall John J. Carroll Guy V. Colella Timothy Sullivan Ralph E. Chadwick Donald E. Legro John J. Carroll Robert L. Higgins Paul E. Mazerall Bernard J. Belcastro, Jr. Robert K. Jeremiah Upon motion duly made and seconded, it was voted to approve the minutes of the meeting held on March 6, 1967. The Chairman agreed to contact the Board of Appeals for suggestions for an Chairman of the Associate Member. tfpon motion duly made and seconded, it was voted Meeting to meet next Monday, March'20, 1967, at 7:00 P.M. 541_. Upon motion duly made and seconded, it was voted that funds to be appropriated under Article 14 of the Article Warrant for the Annual Town Meeting be provided by the funds current tax levy. With reference to Article 73 of the Warrant, pro- viding for a permanent building committee, the Board Committee was in favor of the appointing authority consisting of the Moderator, Chairman of the Board of Selectmen and Chairman of the School Committee. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matter which, if made Executive public, might adversely affect the public security, the Session financial interest of the Town or the reputation of any person. Following discussion with Mr. Grush, Chairman of the Board of Assessors, pertaining to matters relative to that Board, it was voted to resume the open meeting. At 11:30 F.M., the Appropriation Committee returned to the meeting. The Chairman explained the opinion of a majority of the Board in regard to bonding and stated that a majority of the Board feels funds should be raised in the current tax levy under Article 14 of the Warrant. In regard to the purchase of the Lloyd property, Mr. Parrish recommended that the Board go to the Lloyd8 with a reasonable option request. Following discussion pertinent to various items to be presented to Town Meeting, the Appropriation Committee retired. Upon motion duly made and seconded, it was voted to adjourn at 12:15 P.M. A true record, Attest: 542 SELECTMEN'S MEETING March 20, 1967 A regular meeting of the Board of Selectmen was held in the Seleotmen's Room, Town Office Building, on Monday, March 20, 1967, at 7!00 P.M. Chairman Cole, Messrs. Burnell, Gataido, Mbee and Kenney 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. Erik Lund's appointment withthe Board was Appointment postponedand the Chairman explained there had been a death in the family. Upon motion duly made and seconded, it was voted Gas main to grant permission to the Mystic Valley Gas Company to install a 4 inch and 6 inch medium pressure welded steel gas main in Nickerson Road to serve a new home. Letter, dated March 2, 1967, and received March 13, 1967, from Daniel S. Horgan, Chief Engineer, State De- partment of Public Works, answering certain requests made Route 2 & by the Board in connectionwith the reconstruction of Watertown Route 2 at Watertown Street. Street Mr. Carroll explained this is written confirmation of a verbal report he had given the Board and was a matter of information. Letter, dated March 6, 1967, and received March 13, Updating 1967, from Daniel S. Horgan, Chief Engineer, State De - traffic partment of Public Works, in regard to updating traffic devices devices on all municipality controlled highways. Mr. Carroll explained this does not really apply to Lexingtoci and is a matter of information. The Chairman read a letter from Mrs. Wesley A. McSorley, Jr., Bird Chairman of the Garden Club Federation Bird of Massachusetts. A copy of a proposed proclamation pro - Sanctuary claiming Willard Woods to be a Municipal Bird Sanctuary was attached to the letter. Action on the subject was held over for the next regular meeting of the Board. Upon motions duly mace and seconded, it was voted to certify the characters of Sumner J. Foster, 14 Suzanne Road, and Dean E. Nicholson, 7 Sherburne Road, who have applied to the Secretary of the Commonwealth for Certi- ficates of Incorporation. Satisfactory character refer- ences were received from the Chief of Police. Certs. of Incorporation 543 Upon motion duly made and seconded, it was voted tpp :'o,,,. to apprdfeC'bed6 No.t82-064,6,,inrteVamOuntOof $92,100.00 Bond on behalf of Mary R. McDonough, elected Town Treasurer. Upon motion duly made and seconded, it was voted to approve bond No. 92-06-37 in the amount of $1,80oio, Bond on behalf of Mary R. McDonough, elected Town Clerk. Upon motion duly made and seconded, it was voted to approve bond No. 1019236 in the amount of $108,800.00 Bond on behalf of Ethel U. Rich, elected Collector of Taxes. Upon motion duly made and seconded, it was voted to approve bond No. S -L1-9-55 in the amount of $3,000.00 Bond on behalf of Guy D. Buse, elected Cortable. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on March 13, 1967. Mr. Gray'reported that Haskell Reed called in re- garding the Lions Club request for permission to locate April 19 a trailer in front of Trani's Package Goods Store on April 19, 1967 and advised that the request had been withdrawn. Mr. Gray reported receipt of a couple of requests for permission to sell balloons on April 19. One re- quest was received from the Lexington Choral Society and the other was received from three citizens of Waltham. The Chairman stated it has been the policy to approve such requests for local organizations and not those from outside of Town. April 19 The Chairman referred to the Article in the Warrant relative to the Permanent Building Committee and reported Permanent the committee has agreed to the compromise he suggested, Building on his own, without the approval of the Board. They want Committee to know if the Board would approve the appointments being made by the Moderator, Chairman of the Board of Selectmere and Chairman of the Schon Committee. Messrs. Burnell and Mabee had no objection. Mr. Cataldo asked if they were going to amend the motion on the new Junior High School. The Chairman said he thought that was the under- standing. Mr. Cataldo had no objection. Mr. Gray stated an architect had been hired idncon- nection with the new Town Office Building and asked if 544 the committee would handle this. Mr. Mabee, addressing Town Counsel, asked if a member of the Appropriation Committee -and Capital Expenditures Committee, under the old By -Law, could legally be. a member of the permanent building committee. He said it was not necessary to have an answer this evening, but he would like to know some time. Letter was received from Miss Mary R. McDonough, Town Treasurer, advising the necessity of borrowing $1,000,000.00 Borrowing in anticipation of revenue. Upon motion duly made and seconded, it was voted to approve the low bid of 2.67% received from the First National Bank of Boston. Upon motion duly made and seconded, it was voted Meeting to hold a Special Meeting of the Board on Wednesday, March 22, 1967, at 7:00 P.M. Upon motion duly made and seconded, it was voted to adjourn at 7:30 P.M. A true record, Attest: E ecutive Jerk, Select,en 3 1 545. SELECTMEN'S MEETING March 22, 1967 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, March 22, 1967, at 7:00 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney 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. Carroll reported a telephone call received from Mr. Lyon, on behalf of the Lexington Chamber of Commerce, advising that the Chamber would like to have the Visitors' Center closed on Easter Sunday. He said he had no object- ion. Visitors' Upon motion duly made and seconded, it was voted Center to close the Visitors' Center on Easter Sunday, March 26, 1967. Mr. Francis W. K. Smith, of the Conservation Com- mission, met with the Board and stated he was acting as temporary chairman because Mr. Sussman is out of town. Conser- He referred to Article 79 and stated it was his under- nation standing they were going to move for Indefinite post- Article ponement, but there is a motion with an appropriation of $11,000. Mr. Cataldo said the Board feels it should be indefi- nitely postponed, but each time the Board approached the Commission, that group appeared to chagge its mind. Mr. Smith said the Commission had no grief with the Board and would move for indefinite postponement. Mr. Mabee said the Board was going to postpone the New Amsterdam property and held it over until it had an opportunity to discuss it with Town Counsel. Mr. Smith said the Commission's motion was for indefinite postponement. The Chairman said tiff there was any change, the Board would let him know. Mr. Smith referred to Article 78, additional funds for Whipple Hill, and said he understood a figure was to be obtained by the Board, an appraisal. He said the motion has been prepared and there is no figure in it. Mr. Gray said the Appropriation Committee is using $65,000, and stated that he had notreceived the appraisal prom Reenstierna. He said he may have it by Monday night M 54b Mr. Smith referred to Article 80, Kingston Homes, and said the Appropriation Committee has $25,000 and the Commission had an option of $24,000. He assumed the additional was to cover appraisals and acquisition costs. He said he would like to do the same on the 7.9 acres on the other side of Grove Street. The Chairman explained the Board of Selectmen has problems with the Kingston Homes' property as com- pared to the New Amsterdam property, and the cause could be hurt in an eminent domain taking. Speaking personally, he said he did not know if the Board should even take that one by eminent domain. He said the way it stands, he assumed the Board would have to oppose the Kingston Homes. Mr. Smith retired at 7:15 P.M. The Chairman said at the Information Meeting, Erik Lund was there while four members of the Board were present. He wanted to talk to Mr. Cohen concerning the New Amsterdam property, but the Board decided it wanted to consult with Town Counsel first. The Chairman read a letter from Mr. Cohen stating following discussion with the Board, he spoke to Mr. Cohen who gave him oral commitment that his clients would sell the property for a total price of $37,000, provided the Selectmen notify him in writing on or before April 17 that the Town intends to purchase the property at that price, and that the Selectmen in their letter of notifi- cation specifgea closing date of no later than June 1, 1967 for the transaction. The Chairman said the members of the Board did say they wanted to talk to Town Counsel and he thogght the Board should discuss this with Mr. Lund. Request was received, similar to one received last year, from Mrs. iesley A. McSorely, Bird Chairman aof the Bird Garden Club Federation of Massachusetts, relative to pro - Sanctuary claiming Willard Woods to be a Municipal Bird Sanctuary. It was agreed to advise Mrs. McSorely that, while the Board appreciates the intent, it is something beyond the scope of the Board's authority. Letter was received from T. S. Stern, Captain SC, Picture of USN, inquiring about a glossy color picture of the Minuteman Minuteman Statue to be used as a symbol in the Savings Bond Program. Mr. Gray said he would obtain a picture. Mr. Gray referred to an application received from Use of the John Birch Society for permission to show a Civil hall Rights' film in Cory Hall and reported this is a Chapter 547 composed of Lexington people and others from out of town. The local representative is Charles Ward of Lexington. He reported the Society is not listed with the IRS as a tax-exempt organization. It was agreed to advise the applicant that the hall is not available to political or religious organizations and ask in what category the Society classifies itself. Notice was received from the Middlesex County Select- men's Association of Ladies' Night meeting to be held on Ladies' April 5, 1967 at Igo's, Cambridge; Social Hour, 6:30 P.M., Night Dinner, 7:30 P.M. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Requisitions to the Civil Civil Service Department for a promotion from Sergeant Service to a Lieutenant and appointment of a Lieutenant. The Chairman read a letter from Richard K. Eaton, Town Meeting Member,Precinct 4, to the Board of Assessors with reference to discrepancy between the assessed value Assessors of properties the Town is authorized to acquire and the amount the Town is asked to appropriate. The TMMA would like to have a member of the Board of Assessors present at Town Meeting to answer questions. The Chairman said the main point to get across is the Assessors are appointed by the Selectmen and become officers of the State. They do not have to report to the Selectmen and they are not political. The Chairman said the Board could agree to lay Article 14 on the table in deference to the Appropriation Committee Sewers which has differences with the Board of Selectmen. Mr. Cataldo pointed out that the streets depended on these sewer laterals. The Chairman said he did not know whether the Board could defer action on this Article. Mr. Gary said it was all right. Mr. Grant asked if there was any way the street and sewer articles could be left open. He said if Town Meet- ing votes unfavorably on Conservation Articles, the Com- Streets mittee may feel differently. Mr. Cataldo said the Conservation money was not too large. Mr. Kent advised if the Board starts changing the number of articles too much, people are going to wonder what is going on. Mr. Cataldo said as much as the Board would like to cooperate, he did not see how it could. 548 Lloyd land The Chairman said the Board has a serious problem on the Lloyd property. Mr. Legro reported he was told the area contemplated to be acquired was about fourteen acres. The Article malls for 9.6 acres, plus two lots. He said he could aee no justification within the scope of the Article to talk about fourteen acres plus in the motion. He said he had not seen anything on this except a draft motion which was sent to him. Mr. Mabee said the Lloyds would like to sell the land to the Town in two pieces. Mr. Kenney referred to the Article on the Junior High School and said he thought they are overbuilding it; it concerned him greatly. He said the Board has a great duty to the citizens of the Town not to rush into this and asked if it could be postponed until June. The Chairman explained this has the backing of the Appropriation Committee, Capital Expenditures Committee and the School Committee. Mr. Mabee pointed out the Board of Selectmen is already committed. The Chairman said he was willing to ask if they would be willing to postpone this until the June Town Meeting. Mr.Mabee read an excerpt from the Executive Session of the Selectmen's Meeting with Mr. Grush which he said he would like to read to Town Meeting unless the Board objected. Mr.Legro mentioned, other than checking with Mr. Grush, there was only one statement he would question and the Board agreed to delete that particular item. Upon motion duly made and seconded, it was voted to adjourn at 7:55 F.M. A true record, Attest: �Y � ec iv Cler., Selec en 549 SELECTMEN'S MEETING March 27, 1967 A meeting of the Boardoof Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, March 27, 1967, at 7:00 P.M. Chairman Cole, Messrs. Burnell, Catald.o, Mabee and Kenney were present. Mr. Gray, Executive Aststant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Legro, Town Counsel, arrived at 7:35 P.M. Mr. Erik Lund met with the Board. 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, might adversely affect the Mablic security, the financial interest of the Town, or the reputation of any person. Executive Following discussion with Mr. Lund relating to the Session acquisition of a parcel of land, and a discussion with Mr. Carroll relative to sick leave, it was voted to resume the open meeting. At 7:30 P.M., Messrs. Parrish, Grant, Blaisdell, Gary, Mrs. Sousa, Mr. Perry, Messrs. Chapin, Mitchell and Mrs. Rawls, met with the Board. The Chairman received a letter from Town Counsel're- garding the Lexington Housing Authority State -aided Housing Project, Lexington 667-1, together with an amendment to Contract contract for financial assistance, dated April 12, 1969, which be said Town Counsel had advised was in order to sign. Upon motion duly made and seconded, it was voted to sign seven copies of the Amendment to Contract for Fiaan- cial Assistance, dated April 12, 1969, between the Common- wealth and the Lexington Housing Authority. The Chairman said at the last session of Town Meeting there was a little controversy on the Road Machinery Fund and mentioned difference in figures submitted by the Select- men, Appropriation Committee and Capital Expenditures Com- Road mittee. He said he thought it advisable to at least make Machinery an attempt to make it on some common ground. He said Mr. Fund Chapin was entirely right on his statement to the meeting. Mr. Carroll submitted to the members of the Board what appeared to be additional information on the equipment he recommended acquiring. 550 The Chairman stated the gang mower did not get in the warrant as a separate article, and it should not normally be in this article. He said the sewer item was also questionable as to whether it should be in a budget such as this or in the sewer budget. Mr. Carroll stated it is not a rolling stock. Mr. Parrish said the Committee would have recommended separate articles if these had come to its attention earlier enough. The Chairman said he thought this could be explained to Town Meeting. The figure of $92,500 in the Selectmen's motion was discussed, and Mr. Carroll said the pickup trucks would be the least important items and either one of the small loaders. Mr. Cataldo suggested a compromise of $5,000 and elimi- nation of the pickup trucks. Mr. Chapin stated the Capital Expenditures Committee favors $82,500. Mr. Parrish said the Appropriation Committee favors $82,500. Mr. Legro stated, with reference to the Agreement between Local #1491 Fire Fighters and the Town, that he was not ready as he only received it last Friday and as this is the first agreement of its kind, he wanted to study it. Upon motion duly made and seconded, it was voted to authorize payment of $4.00.00 for architects services Public Works to William A. Halsey, and $23,9149.97 to John Tocci & Sons, Building Inc., Contractor, Public Works Building, which Mr. Gray said had been approved by the Committee. Upon motion duly made and seconded, it was voted to adjourn at 8:00 P.M. A true record, Attest: ec th iv Clerl, Sele tmen 551 SPLECTMENS MEETING March 30, 1967 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Thursday, March 30, 1967, at 7:00 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public idofks, and Miss Murray, Execu- tive Clerk, were also present. Mr. Legro, Town Counsel, arrived at the meeting at 7:30 P.M. Chairman Parrish, Messrs. Grant, Gary, Blaisdell, Kolovson and Mrs. Souza of the Appropriation Committee, and Mr. Chapin, Capital Expenditures Committee, met with the Board. The Chairman referred to the article covering the acquisition of the New Amsterdam property and stated the Board was going to appooach it on eminent domain. New He reported the title search has not been completed yet Amsterdam and Town Counsel has stated there is a possibility they land may not own all of it so the Board could not follow that procedure. He said the price of the land is $2300 an acre. Mr. Parrish said the option was $2200. The Chairman explained they are bringing in the interest and taxes. He said the Board has not reached any agreement yet and Town Counsel has to make them one final offer in connection with getting Federal funds. He said when it comes to Kingston Homes, which it is agreed to take at $4,000 an acre it will not help on the other one. Mr. Grant stated one case cannot be put in evidence, but it may make it more difficult to negotiate. Mr. Cataldo said if the Board agrees to pay $4,000 an acre; it is a willing buyer and a willing seller and if the Board votes to buy Kingston Homes at $4,000 an acre without taking it, this is the problem. The Chairman asked, if this Town Meeting agrees to take Kingston Homes at $4,000 an acre, what reflection would this be on the New Amsterdam property. Mr. Parrish said up to a given moment they are willing to settle for $2300 and have publicly said so. The Chairman said the option has run out. Mr. Cataldo said he was concerned with the value being set from here on. 552 Mr. Parrish said the Kingston land is half under water, and, in his opinion, it is not a better piece of land than the New Amsterdam land. Mr. Parrish said he thought, as a committee, it would give this some serious thought. He said the com- mittee was hopeful that by this time the eminent domain proceedings on the Pihl land would be started and the New Amsterdam land would be in the fold. Mr. Cataldo said the basis of decision should be what this type of land is worth to the Town. Mr. Parrish asked if the appraisal the Conservation Commission had for this land is $4,000. The Chairman stated they can say they have an ap- praisal to justify this figure. Mr. Parrish said his committee would consider this seriously. Mr. Mabee reported the Board is going to recommend indefinite postponement on the Lloyd land. He submitted Lloyd land a plan and explained a section of the property not covered by the article and stated even though the Board went ahead Lloyd would not sell it because it would landlock the back. Mr.Lloyd has said he would give the Board an option for any:time.in the3future. He said they were talking about next March, and at that time, the land will be surveyed and properly described. He said a much more favorable arrangement was going to be made as to terms with Lloyd next year which might cost a little more. If the Board agrees on the price, Mr. Lloyd will give an option for $1.00. The Chairman referred to Whipple Hill and said there are those who would like to take it regardless of how Whipple much it costs. He said he thought a majority of the Hill Board feels it is overpriced, and it has an appraisal considerably less. Mr. Parrish said the nubber the Appropriation Com- mittee came up with appears to be half way between the two appraisals or somewhere near that, and there is some thought the committee would just leave it that way. He said the other thought is, the Town is not going to buy this no matter what it offers; just put in enough to take care of whatever the lowest appraisal is. He said the penalty there is, as he understood it, the reimbursement appli- cation has to put in at this and the Town cannot refile for reimbursement. This would result in some penalty to the Town. He said this is information received from Mr. Sussman. Mr. Cataldo said he would rather hear from Town Counsel on this. 553 The Chairman said the Appropriation Committee is looking for postponable articles, and to his thinking this is as postponable as anything. It is not going any- where this year. Mr. Parrish said that school of thought had been re- jected before. This is land the Town has been talking about for five years. The Chairman said he did feel services in the Town had been cut and then the committee recommends something like this. Mr. Parrish said this is why the committee was will- ing to bond. Mr. Cataldo said the same approach could have been made on the sewer; the committee cuts $50,000 off the sewer which was bonding. Mr. Parrish said the lateral sewers were bonded in lieu of land. Mr. Cataldo said if the $50,000 were kept in the sewer, it would have been bonded. Mr. Parrish said a good portion of that bond was in lieu of purchase of land. Mr. Cataldo said $275,000 was for land, but the extra $50,000 would have been bonded for sewers. Mr. Grant said if the Town is going to acquire land, it should be good-sized parcels. The Chairman asked if the committee felt Whipple Hill was going anywhere this year. Mr. Gmy replied in the negative. Mr. Parrish said it might go up in price. Mr. Mabee said the thinking of the Board at one time was it preferred the Lloyd land to the Whipple land and the Appropriation Committee was reversed. He said he subscribed to that, but now the Lloyd land is going to be indefinitely postponed and he thought the Town should buy land each year and he would support Whipple Hill now. The Chairman said the idea of buying open land is to keep it open. If the committee is convinced that Whipple Hill is not going anywhere this year, it will still be open land and will still be in the same state next year. He asked why this could not be postponed. Mr. Grant said next year there would be the Lloyd land and the Whipple Hill land. Mar. Kenney said he thought this is a good year to get the Whipple Hill. The Chairman said there is a legitimate concern with the tax rate this year. Mr. Parrish said this would be bonded. He said the committee's plan, as of the moment, is to proceed on the Whipple Hill article as its report states. Mr. Cataldo said he could see the committee wanting to take Whipple Hill, but not for the amount of money it 554 has. He said the lowest appraisal should be the outside figure. Mr. Kenney asked if the committee would support that. Mr. Parrish said the committee would take a vote on it and he thought there would be no reason to put more money in the article than is needed to take it. Mr. Parrish said Mr. Sussman believes that in the filing of an application with the Federal government, if the land is taken by eminent domain, the maximum amount that can be filed is the amount the Town originally agreed to pay. If the court decides a higher or lower number, the Town cannot refile. Mr. Legro said he had not seen that. Most of these matters are handled entirely by the Conservation Commission. He said he had not seen anything to that effect. The Chairman said it does not mean it isn't so. Mr. Cataldo referred to Article 63, and said he under- stood the Appropriation Committee was supporting this Artiele. Mr. Parrish said he thought, equivocally and unalter- ably the committee was opposed because this, .in its opinion, is another step in the speep-up of construction of Worthen Road which is not necessary and not worthwhile. The com- mittee finds no reason to do it. - Mr. Parrish said the Conservation Commission is going to ask for more than the $2,000 the committee has approved Conser- for its fund. He said he understood it will ask for ration either $5,000 or $10,000. He explained appraisal money funds is now being put in each article. The Chairman said that is the best argument for de- creasing it. to said he thought the Board is with the committee on the $2,000.00. Mr. Cataldo referred to Article 63 and said he thought it would be in the best interest of Worthen Road to postpone Article 64. He suggested taking up Article 64 first, move indefinite postponement, and then take up Article 63. The Board and Committee appeared to agree with Mr.. Cataldo's suggestion. Upon motion duly made and seconded, it was voted to adjourn at 7:40 P, M. A true record, Attest: E ec ive lark Select en 5 SELECTMEN'S MEETING April 3, 1967 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, April 3, 1967, at 7:00 P.M. Chairman Cole, Messrs. Cataldo and Kenney were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Messrs. Legro and Burnell arrived at 7:30 P.M. Mr. Sumner Perlman, and two oth. r gentlemen, met with the Board. Mr. Perlman said he would like to talk about the Laconia Street article. He said he would like to have it inserted in the June Town Meeting. The Chairman said this was a possibility. He ex- Laconia plained there would have to be a hearing and the Board Street would have to decide quickly because of the time element involved. Mr. Gray reported he had talked to Town Counsel and there is time enough but a decision will have to be made very quickly, and if not tonight, certainly by next week because of the legal notices required. The Chairman said if the Board could wait until next week, he would prefer it, when all members of the Board would be present. Mr. Cataldo said there was an agreement that the June Town Meeting was to be a zoning meeting unless on an emergency basis. He said his feeling would be not to establish a precedent going against it, although he fully agreed Laconia Street should be constructed. He said he thought it would be a lot better for all con- cerned ±f Mr. Perlman came in with 100 signatures. The Chairman said this should be in by next Monday night. Mr. Kenney asked if there would be any problem pro- viding the money. Mr. Gray stated the warrant closes on April 24, 1967. He said, accoring to Mr. Legro, the hearing could be the last week of April or the first week in May. Mr. Perlman said he did not think there would be any problem getting the signatures. Mr. Gray reported receipt of bids on police cruisers as follows: Rowe Chevrolet, Inc. $7,483.40.net Lexington Auto Sales, Inc. 8,181.36 net Police cars Upon motion duly made and seconded, it was voted to accept the low net bid of $7,483.40 for six new 1967 556 Chevrolet police cars as per specifications submitted by Rowe Chevrolet, Inc. Mr. Gray said he received a reply from Town Counsel in regard to the letter from the Fire Commissioners rela- Agreement tive to a proposed Agreement between the Town and Local #1491. The Chairman asked to have a copy of the reply mailed to each member of the Board before any action is taken. Mr. Gray said a Mr. Buse is requesting to purchase a piece of land on Bow Street. He said he checked with Mr. Zaleski, Planning Director, and that Board has no objection to the sale of the land. He said he also Tax title checked with Mr. Cronin who said this is tax title and could be sold. He checked with Mr. Carroll because there is a sewer easement involved and he has no objection. He said people are parking here all day and creating problems. Mr. Buse would like to own it for parking and control it. Upon motion duly made and seconded, it was voted that a proposal to sell this lot be advertised in the Lexington Minute -man and that further consideration be given the offer at a later meeting. Mr. Carroll referred t o reconstruction of Massachu- setts Avenue and said the 500 -foot section which the Board authorized him to have engineeringplans and specifi- cations worked up on and advertised --. He said he was looking at Whitman & Howard's proposed contract and then he looked at the article on Chapter 90 and the motion says the sum of $95,000 for all or any part of Massachusetts Avenue under Chapter 90 highway construction and payment be provided by the transfer of $60,000 from the Excess and Deficiency Account and by appropriation of the sum of $35,100.86 received from .the State under Chapter 679?of the Acts of 1965. He said this means, he has talked to Mr. Legro, the only way he can rebuild any part of Massa- chusetts Avenue and use any money from that article is if it is done under Chapter 90 and that means either the project is done under Chapter 90 and the tree goes, or wait until the June Town meeting and appropriate the neces- sary money and do the work himself as he hoped he could do. Mr. Kenney asked if Mr. Carroll was talking just about the 500 feet. Mr. Carroll replied in the affirmative and said this 500 feet cannot be tied into the contract. If it is done under Chapter 90, the State will insist that the tree come down. Hesaid he had not followed up and really gone after t his man and tried to get the tree even under Chapter 90. The Chairman said this is Mistretta whose superior is Horgan whose superior is Ribbs. 1 557 Mr. Carroll said it looks like he was talking $12,000 plus the engineering. He said it would be $13,500 and the money would have to be appropriated in the June Town Meeting. The Chairman asked if it would be worthwhile to attempt to change their minds. Mr. Cataldo asked what would be gained. The Chairman replied getting it under Chapter 90, having it done all at the same time. Mr. Carroll said he would like to try Mistretta, but he would like to have someone with him. The Chairman agreed to accompany Mr. Carroll. The Chairman read a letter from Mr. Donald K. Irwin, Building Inspector, advising that Mrs. Ryder will be taking her vacation starting April 10 for two weeks. Hewasin- Vacation forming the Board that Mrs. MacDonald would substitute so the Board would be aware of this because the substitute will be charged to the Selectmen's Clerical Labor Pool budget. The Chairman read a letter from Mr. Cornelius P. Cronin,. Chairman of the 19th of April Committee, Lexington Chamber of Commerce, requesting a member of the Board of Selectmen to act as a judge for the float competition. Float Mr. Kenney agreed to act in this capacity. judge Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings held Minutes on March 20, 22, 27, and 30. The Chairman suggested that if Town Meeting is not completed this evening, that it be adjournel. to Wednesday night. Town Mr. Burnell said he would not be able to attend. Meeting Chairman Sussman, Messrs, Ripley, York, Smith and Peckham, Conservation Commission, met with the Board, The Chairman said the Board was having this meeting and if there could be a meeting of the minds, it would be nice. If they are going in with differences of opinion, the Board should know what they are. The first article is the $2,000 Conservation Fund. He said he understood the Commission is going to amend this upward. Conserve - Mr. Sussman said they were going to move that it tion be taken up after Article 81. When they reached that articles number, he thought what the number is will depend on what has happened before, but it will most probably be $10,000. The Chairman said the Board discussed this with the Appropriation Committee and is committed to stay with the $2,000. 558 The Chairman asked what figures the Commission was putting in for Whipple Hill. Mr. Sussman replied sixty-five off the tax rate with seven transferred from the Conservation Fund. He said they had not seen the appraisal, but he hoped it meets with the Federal and State requirements and can bebacked up. He said the Commission does not intend to fight the motion downward, and would tell the Town Meeting what the asking price is. The Chairman said the Board was not against conser- vation but felt where the Town fleeting is tax conscious this time and putting off items, cutting sewers, road machinery and a few other things, this is a postponable item. He said he did not know how the Board would vote. Mr. Sussman said if the Board does vote not to support it, and it does decide to tell the Town Meeting that the Board of Selectmen does not support it, he hoped it would indicate that the Board is split. The Chairman said the Board always does. The Chairman referred to the New Amsterdam and Pihl land. Mr. Smith said $11,300. The Chairman said this Board has voted to take it by eminent domain and given it to Town Counsel who only has to make a final offer on Federal reimbursement. He said at the present time, it is in Town Counsel's hands. He said it comes to a question of opinion as what the value of the land is. Mr. Cataldo asked what has changed the position at this time and if there was any information the Board does not have. Mr. Sussman si.d the Pihls have agreed to drop their price to the same price of the New Amsterdam, $2300 per acre. That is why the additional $11,300 would give the Commission sufficient funds to consummate both. The Pihls dropped from $1$,750 down to $17,200 something. He said he has the appraisals and the approval of the House Urban Development to proceed based on this purchase price. The Commission also has approval from the State of its appli- cation. It does not have denial or approval from the Federal Government. The Chairman asked how the State and Federal funds were holding out. Mr. Sussman replied the State is just about out of funds but the application was in early enough to be approvei from existing funds. a said if this goes into an adverse eminent domain, the Town will have to accept whatever it pays or wait for the settlement. Mr. Smith siad under the Article of last year's Special Town Meeting, the question of eminent domain, as he recalled it, was only upon written request of the Conservation Commission. ne asked if this was not the' usual motion that the Selectmen may take it by eminent domain on written request of the Conservation Commission. 559 The Chairman said the Board could not exercise the option. Mr. Sussman said the only evidence he has is the Board decided not to. He stated the Commission is unanimous in its feeling about this. It feels this is indeed a fair price and there being a concern about a difference in the price, the risk on the outside is far greater than the amount of money involved. Mr. Legro read the motion referred to by Mr. Smith and said he thought it came from Section 8c, if he was not mistaken. Mr. Sussman said he hoped the Board would decide to support the position of $11,000. The Chairman said he would check with the Board. The Chairman referred to the Kingston Homes and said the Commission's price per acre on that is considerably higher. Ni. Sussman said, to protect the Town's interest, he wouldleave it to the Board whether this should be in Executive Session. The Chairman stated if it is not properly Executive Session, the Board can always purge the record. 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 the Conservation Commission pertaining to certain land acquisitions, it was voted to go into open meeting. Upon motion duly made and seconded, it was voted to adjourn at 8:00 P.M, A true record, Attest: -giecutive erk. Selectm 560 SELECTMEN'S MEETING April 10, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 10, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Gray, Executive Assistant, and the Acting Clerk were also present. Mr. John J. Carroll, Super- intendent of Public Works, arrived later in the evening. At the request of the Town Clerk, four jurors were Jurors drawn as follows: Edward F. McLaughlin, 9 Blodgett Ro Road; Robert E. Fitzmaurice, 423 Bedford Street; Kenneth N. MacWilliams, 66 Colony Road; John R. Howe, 18 Seeing Street. Chief James F. Corr met with the Board relative to appointment of one Lieutenant and one Sergeant. The Chief stated that Edmund Morelli came on the force October. 28, 1946, was promoted to Sergeant May 7, 1962, approximately five years in this position. He is presently filling a Lieutenant's position. He stated Police he would recommend his appointment, effective April 14, Appointments 1967. Chief Corr stated on the three applicants for Sergeant, all three men were equally qualified. Officer Carlson has been on the force since November 1, 1954, followed by Cox in 1956, and Officer McSweeney came on in 1962. As Mr. Carlson is top man, he recommended that he be appointed, effective this Friday, April 14. Upon motion duly made and seconded, it was voted to appoint Sergeant Edmund Morelli a Lieutenant in the Lexington Police Department, effective April 14, 1967, and Officer Carl A. Carlson to the position of Sergeant effective April 14, 1967, pending approval by the Division of Civil Service. Chief Corr retired at 7:40 P.M. Mr. Gray- read.a letter from Chief Corr, requesting a transfer of $445.33 for damages sustained to a Police Cruiser operated by George C. Barry, and a pickup truck owned by the Town and operated by Warren Hamilton on Transfer March 20, 1967. Chief Corr stated there is no appropriation in his budget to repair the vehicle. Mr. Mabee asked if the Town wasn't covered, and Mr. Gray replied this was an unmarked cruiser. W 3 Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $445.33 to the Police Department - Expenses Account, #3800, Code 371. Mr. DiGiovanni of the Mystic Valley Gas Company met with the Board relative to three proposed gas main lo- cations. He stated the first one is in Kendall Road. and said that the company would like to do here is the Town is going to make this road over and reconstruct it. He stated there is a 2 inch line in now, and the company would like to replace this with a 4 inch line to give more pressure in this section of Lexington. The next one is on Burlington Street, and what they have there is about 350 feet of 6 inch. The reason for re-laying this is sort of a high pressure system coming from the Bedford Air Base. This is a section of cast iron main and the company doesn't like it on a high pressure system; to replace it with welded steel and abandon the existing line. Mr. Cataldo asked what pressure is used, and Mr. DiGiovanni replied the maximum pressure is in the range of 50-55; normal pressure 35-45 pounds. Mr. DiGiovanni stated there had been several breaks on the existing line on Harding Road; that a new drain line was put through here, and the company feels it would like to re-lay this section, 350 feet on Harding Road and 250 feet on Simont Road. This is a safety precaution, and is not high pressure, normal distribution through Lexington. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to locate the following mains, all having been approved by Mr. Carroll: 4 inch high pressure welded steel gas main relay in Kendall Road, Lexington. 6 inch high pressure welded steel gas main in Burlington Street, Lexington. 4 inch and 6 inch medium pressure welded steel gas main in Harding Road and Simonds Road, Lexington. Mr. Gray reported a bill from Whitman and Howard for engineering services in relation to the Widening and Beautification of Massachusetts Avenue, in the amount of $1322.49, which has been approved by the committee. Upon motion duly made and seconded, it was voted to authorize payment of $1322.49 to Whitman & Howard for engineering services on Massachusetts Avenue. Permits Mass. Ave. bill 562 Mr. Gray reported he had two options, one on Dr. Newellts property and one on Mrs. Bertha Murphy's land. Newell He stated the Board had until April 18 to exercise the Option option on Dr. Newell's property, and if it could be voted tonight, it could then be given to Mr. Legro. Upon motion duly made and seconded, it was voted to exercise the option on Dr. Newell's property. Mr. Gray read a letter from Mr. Legro, enclosing Exercise of Option form relating to the property of Murphy Bertha J. Murphy. Option Upon motion duly made and seconded, it was voted to exercise the option as prepared by Mr. Legro. Dog complaint Use of Hall Mr. Gray stated he had a letter from the Dog Officer which he read to the Board. This is a complaint against a dog owned by Mrs. Carolyn Cacciola of 18 Young Street. Mr. Cataldo asked if Officer Carlson restrained the dog, and Mr. Gray replied he was not sure. Mr. Cataldo stated a hearing is the last thing the Board would want to do. The Chairman asked if Officer Carlson had the authority to restrain the dog, and Mr. Gray replied in the affirmative. Mr. Cataldo suggested that Officer Carlson order the dog restrained, and then, if necessary, have a hearing. Mr. Mabee asked what Officer Carlson advised. The Chairman stated the Board can vote to have the Dog Officer order the dog restrained, and if ignored, the owners can be taken to court, but at the moment, it would seem to direct the Dog Officer to order the dog restrained. Upon motion duly made and seconded, it was voted to direct the Dog Officer to order the dog restrained. Mr. Gray stated he had requested more information from Mr. Beaudette, applicant for the use of Cary Hall, on behalf of the John Birch Society, relative to the type of organization Ethe John Birch Society is, and he read the reply he received from him. Mr. Kenney said he had looked up the society in the Encyclopedia and it stated it is an American Political organization in the United States. It is not under edu- cational or public affairs. Mr. Cataldo asked if the Board was prepared to deny the request, and it was so moved and seconded. The Chairman stated he thought the Board should be very careful, that the hall has been used by Civil Rights, and they are very strong in their feeling on the Civil Rights' movement; he felt the Board would be criticized on freedom of speech. • 1 1 c = 5 f Mr. Cataldo stated no matter what direction it goes, it will be criticized. Mr.Kenney asked about the local aspect of this. Mr. Burnell said this has been determined, that Mr. Ward is a local representative. Mr. Cataldo said the hall has been rented to out of town organizations. Mr. Mabee said he didn't see how they could be denied the use of the hall; that it had been used by all types previous to this, education, non -religions, etc., and he would suggest approving it quickly and forget it. Messrs. Kenney and Burnell were opposed. The Chairman stated that when the Board rents this hall, it is not necessarily in sumpathy; that they con- form to the restrictions. Mr. Cataldo stated it should be made clear it isn,t Use of political. hall Mr. Burnell stated he had seconded the motion that he was opposed because it was political, ani the Cary will definitely states the hall shall not be used for religious or political functions; that he was sure the easiest way out was to grant them the use of the hall. The Chairman stated the denial was defeated. On the basis that it be made clear what the use is, upon motion du4, made and seconded, it was voted to grant permission to the John Birch Society to use the hall on April 21, 1967, from 7:30 F.M. to 10:30 P.M., at the price of $35.00, plus custodians' fees of $4.25 per hour, for overtime services. Mr. Gray stated he had a request from Mr. Burrell, Director of Civil Defense, that the Board of Selectmen appoint officers as listed in his letter to the Civil C.D. Defense Department. Officers Upon motion duly made and seconded, it was voted to appoint the following officers as requested by Mr. Burrell: Mr. Richard Kimball Radiological Defense Officer 60 Gleason Road, Lexington Mr. Robert C. Navarro 43 Gleason Road, Lexington Br. Eric T. Clarke 29 Moon Hill Road, Lexington Assistant Radiological Defense Officer Radiological Defense Consultant 5 64 The Chairman received a petition, signed by 100 voters, requesting an article in the June Town Meeting warrant to construct Laconia Street, which was denied at the Annual Town Meeting. Petition The Chairman stated this petition would have to Laconia St. be checked by the Town Clerk to ascertain if it was correct. Civil Defense At 8:00 P.M., Mr. Arthur E. Burrell met with the Board. He stated he had a problem. He felt the $5,000 appropriated was out of line very generally, and it is not enough, for as of last week, the depart- ment had already spent $2,566.00, 50% of the money available. He said, based on their minimum monthly expenses, if they continue at the present rate, they will be down under $500 at the end of June. He sub- mitted recommendations to each member of the Board, and said he had made three recommendations on page 2. 1) In view of the Town Meeting vote, he felt it would be apprppri- ate to activate this committee. He said he thought basic- ally it was an indication that the Town does not under- stand the program. This is one way there could be a better understanding. 2) Cut down the warning system; which is the biggest part of the expense every month, telephone and Edison routine month's expenses. 3) He would like to suggest that a special article be submitted for $1,785.00 to cover the expenses listed on page 2. He stated if the Department didn't get the money, he would like to close down the program. The Chairman stated it has been lack of understanding of the program. The general reaction is they really didn't know what the department was doing; show them and they will change their vote. The way it is set up is a very objective group to perform a useful function and come before Town Meeting with an article. He said he didn't agree to shutting down the warning system. Mr. Burrell said there is just not enough money to run this, and if additional money is not appropriated in June, the total program goes down the drain. The Chairman asked if he believed that the Town Meting intended to vote out the warning system. Mr. Gray asked if there weren't figures in the C.D.. budget that are monthly charges for the telephone system. The question was asked if you shut down the warning system would there be enough money to take care of the essential services. Mr. Mabee asked if Mr. Burrell could tell the Board what is the breakdown, and he replied $2100. Anything spent otithe warning system is 50% returned to the Town. $162 month telephone; $75 a month maintenance, $3.00 an hour to 'Iallace Cupp, 15 a month for power charges, it doesn't provide for any repair. He said he was only asking for six months. CAD CS Mr. Mabee asked what the telephone charges were speci- fically for, and Mr. Brurell replied for leased lines. Each speaker is connected, 18 leased lines which go into the tele- phone exchange. The Chairman stated any of the things are matching funds or reimbursable. The program is for a civil emergency. Mr. Burrell said the warning system could be used for school signals, that he had talked to the Fire Commissioners. If the Board feels it is a proper use, it is up to the School Committee. The Chairman felt this was a use for which the warn- ing system could be .spent, and stated when the facts were known, Town Meeting will bakk any program for a valid reason. The recommendations as set forth in the letter were dis- cussed. 1) Voted to appoint an Advisory Council of five members. 2) With regard to shutting down the warning system, it was decided to hold off and see what the June Town Meeting brings. Mr. Mabee said he would like it to be brought before Town Meeting; that it is positively going to be shut down unless funds are appropriated. Mr. Cataldo stated he felt the warning system should not be shut down, that it should remain, that there is a possibility of more money being appropriated in June, but as of now, to start and spend nothing more than should be spent until June. He said we may not get any more money in June and an attempt should be made to keep the depart- ment going. The Chairman stated the public is not aware of what', is going on; there are enough spaces for 30,000 people 24,000 stocked. There is a place to go until it is ready and stocked. Mr. Burrell stated without the warning system, there would be money to finish stocking 5,000 spaces. Mr. Cataldo said our position is, take the money given; we are going to run this way until June, and we shouldn't take that attitude. Mr. Burrell stated it depends on what you want to keep going. The warning system does not mean much if you take out the rest of the program. The Chairman stated this is to warn the people; some place to go in an emergency. There is training for shelter management in order to know how to run these shelters. Mr. Burrell stated the department has been run on a budget of $12,000 for three years, and they were cut $7,000 to $9,000, very valuable items; 20% of the budget cut out, and said they had to have some of these things to make it run. He had to attend one meeting a week in order to provide instruction to the people. 565 566 Sewer Fulton Rd. Mr. Cataldo stated these items are desirable, but if there is no money, you can't have it. Mr. Burrell said it is the warning system or the total program; the warning system could be reactivated. Mr. Burnell said the warning system could be shut down and reactivated a lot easier than the rest of the program, and suggested that Town Meeting be approached with a new presen- tation and let it decide what to do. The Chairman stated that Town Meeting did not get the facts, and he felt it would make a wise decision. Mr. Burrell said to request $3500. Mr. Kenney asked if he could carry on a minimum pro- gram, and Mr. Burrell replied in the affirmative. Mr. Mabee said to knock out the warning system or wait until June. You have a very distinct step. If you knonk out $2500, you will get this. The Chairman said the primary element is the warning system; a place $Qrpeople to go and sustain them in that place. The Chairman asked if the Board would put an article in the warrant for the June Town Meeting by the Advisory Council: Mr. Cataldo said money should not be spent at the rate they have been spending it; it should be reduced to an absolute minimum. The Chairman questioned the deferring of training, to see how much can be cut down until June to keep the mini- mum program, continue on the limited basis and go in with an article to maintain the program that is necessary. Mr. Burrell said they would make no expenditures which are not required, no new commitments. Mr. Mabee said it can be cut to $3500. The Chairman said that an article would be inserted in the June Warrant but there was no figure at this time. Mr. Burrell asked for an expression fromthe Board to use the warning system for the school signals, and the Chairman replied any use that would be a benefit to the townspeople is O.K. Mr. Burrell retired at 9:05 P.M. Mr. Norman Koss, 15 Fulton Road, met with the Board. to discuss the trunk sewer. He stated this was his first appearance, and would like to discuss the sewage health problem with Mr. Carroll pertaining to the Briarwood Estates, Douglas Road, off East Street. He referred to the money appropriated by the Town for sewers under Article 17. He stated Mr. Carroll had said tare has been no settle- ment of how these funds may be used. He said he would like to urge the Selectmen that no lines be put inbo un- occupied areas at this time, that the health conditions 5€i7``` of overflooding of cesspools warrant attention immediately, if possible. The Chairman explained the money was used to put in trunk sewers where builders were going to build so they would have to put in laterals at no cost to the Town. He stated Fulton Road would be considered next year. The budget was cut $50,000. Mr. Koss said he was arguing for it now, not next year; that steps should be taken to rectify this as soon as possible. He said it would seem that with the health interest of the Town in mind, the Selectmen should remove the hazards that exist and prevent further trouble, extend- ing the resources at hand in a potential area. The Chairman explained before the trunk sewers would be put in, there would have to be a plan on file, and asked how large the lots were in his area. Mr. Koss replied 33,000 feet. TheChairman said the Boad recognizes the problem, the land is saturated. Mr. Koss said he found it very difficult why the Town could not prevent building, and the Chairman replied the owners had the right to use the land as they see fit. Mr. Koss said he was very upset, that he felt it was a very irresponsible act, and he would take legal action. The Chairman advised him to follow his counsel's advice; that the Board raalizes the seriousness of the situation, is well aware of the conditi:ns, that there are many areas in Town where sewage runs down the street. More money could not be spent than was appropriated at Town Meeting. Mr. Koss retired at 9:20 P.M. Mr. Richard E. Schneider, L..0 Wyman Road, met with the Board. He stated he was associated with the Dewey & Almy Chemical Co., Division of the W. R. Grace & Company, Cambridge. He stated he is the Assistant Chief Engineer of Dewey & Almy, responsible for the central engineering Assessor group which has the facilities of plant sites throught United States and Canada. The project engineers who are working for him have technical background in all phases of engineering. Then they have a supporting small staff of designers who operate. He stated his technology is chemical engineering, State of Ohio. Prior to 1963, he said he worked for Pittsburg Plate Glass Company for ten years and worked along with his father and brother remodeling. The Chairman asked how long he had lived in Lexington and Mr. Schneider replied since July, 1963; purchased a home in September, 1963 and moved here in October. 568 Cary Hall chairs North St. Trunk Sewer Sewe r The Chairman asked several questions pertaining to the methods of taxation in Ohio, and thanked Mr. Schneider for coming in. Mr. Schneider retired at 9:30 P.M. Mr. Carroll referred to the old chairs in Cary Hall and stated that the Board had agreed to offer them to any charitable organization or church group that wanted them, and he wanted to be sure that the Board still felt that way and if it wanted him to write a notice, that there were 325 of them. Mr. Kenney asked if they could be used at the Infor- mation Center, and Mr. Carroll replied they were in groups of three, and wouldn't be a good conference chair, that they were too low; he felt they would be used for lectures at a church. The Chairman said for Mr. Carroll to carry through on it, that the Board would consider any request from a church or town group. Mr. Carroll referred to the North Street Trunk sewer which is being built which he explained to the Board by use of a plan. He said the upper end of that sewer, the force main which starts at North Street, comes down to Colony Road and Grant Street. No one can tie into that; 500 feet profile of street slants back to Colony Road; building a gravity sewer at Town's advantage. He said..if they build according to plan, they will be creating a gravity sewer which will serve eight properties, sewer available right now. The property owners don't know it but they should be assessed a betterment. He asked if the Board wanted him to notify them and bring their reaction back to the Board, that they definitely should be assessed' betterments. The Chairman stated the owners are entitled to know. Mr. Carroll said he would notify them. Mr. Cataldo;said to go forward and build the gravity sewer anyway, regardless of the betterments. Mr. Carroll stated the next item concerns some items in the budget affected by Town Meeting action. One is the water and sewer extension on Blossomcrest, $6,000 water, $12,000 sewer, $18,000 total. Tied into this is another article approved by Town Meeting. He stated they recon- structed a piece of Blossom Street dry sewer at a cost of $2$,000. If they took out the section, then we have a dry sewer on the upper portion of Blossomcrest Road which is of no use. It would be wise to knock out, do the whole thing in a package. We would still have a dry sewer. Could. presumably build the section, so it would be better and we would rather do it as one package. 1 1 569 The Board agreed with Mr. Carroll to leave the dry sewer on the other end of Blossomcrest Road. On Crescent Road knock out the sewer, $32,500. Mr. Carroll stated on Volunteer Way, he had talked to Nicolas and he definitely is planning to go ahead with his subdivision. He stated he would like to proceed with the engineering on this trunk sewer. He has the same problem with the one on Hartwell Avenue. Tropeano Mr. Cataldo asked that an appointment be made with appointmen' Mr. Tropeano to meet with the Board next Monday night. Mr. Carroll referred to Route 2 at the intersection of Watertown Street, the water main through bridge. He stated they had discussed the difference between the 6" and 8" water main. They would like a letter from the Selectmen. He would recommend $1,000 and the Board would have to tell them where the money was coming from. He has money available in Water Construction. Mr. Carroll is to prepare a letter to be sent. Mr. Carroll retired at 9:40 P.M. Route 2 The Chairman read a letter from the Lexington Historical Society relative to the need for structural repairs at the Buckman Tavern and reporting that the Buckman repairs have been completed and the Tavern will be Tavern opened for the regular season on April 19. The Chairman said he had the legislation ready to file and would attend to it the next day. Letter from Frederick J. Conroy, relative to claim of injuries sustained by Theodore A. Couris, of 165 Aberdeen Avenue, Peabody, Massachusetts, on the sidewalk in front Olaim of the driveway between 1710 Massachusetts Avenue and 1720 Massachusetts Avenue, was read by the Chairman and refer- red to Town Counsel. Letter from Mr. Legro relative to the Lloyd land off Freemont Street, was held over until the next meeting of .Lloyd land the Board Letter from Mr. Legro relative to Municipal Law Seminar to be held on April 22, 1967, was read by the Seminar Chairman who stated the letter would be on file for any member of the Board who might wish to attend. Upon motion dui* made and seconded, it was voted to authorize the Chairman to sign permit for one pole Pole & gyy with Anchor Guy on Marrett Road, for Water Purifier. location 570 Upon motion duly made and seconded, it was voted to sign amendments to the Traffic Rules and Regulations as follows: AMENDMENT TO THE TRAFFIC RULES AND ORDERS TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN, APRIL 10, 1967 ARTICLE VIII. Section 11 (Stop) VOTED: That the Rules and Orders of the Town of Lexington adopted on October 7, 1935 and subsequent amendments thereto are hereby further amended as follows; By adding at the end of Article VIII, Section 11 the following new descriptions: North and southbound drivers on Hastings Road at Massachusetts Avenue. Northeast and southwest bound drivers on Sutherland Road at Taft Avenue. /s/ Robert Cataldo Board /s/ Levi G. Burnell of /s/ I. H. Mabee Selectmen /s/ Allan F. Kenney Adopted April 10, 1967 A true copy, Attest: /s/ Marguerite L. McCausland Acting g1erk, Selectmen April 11, 1967 Then personally appeared the above-named Marguerite L. McCausland, Acting Clrk, Board of Selectmen, and acknowledged the foregoing to be her free act and deed, before me. /s/ Mary R. McDonough Notary Public iiCommission expires September 15, 1 7 574 Letter from William A. Rae, Chairman, Lexington Great Meadows Committee, was read by the Chairman. The Chairman said he would like to cooperate and asked the Board what it wished to do. Great Mr. Mabee said the Board thought it was going in Meadows the right direction, Lexington in turn, zone. Both Mr. Greeley and Mr. Legro think zoning accomplishes nothing, that the town would be better off to have a covenant and agree on some use. Mr. Kenney stated without a study, an adequate de- cision could not be made; that Arlington may have to go ahead and do it themselves. The Chairman stated Town Counsel was supposed to get in touch with them, and to hold this until Town Counsel is present. Mr. Cataldo said he would be against doing anything with the Great Meadows; that it should be left as it is. It is open and green, and Be felt no money should be spent for it; to spend the money for other pressing problems. He said his recommendation is to use it as it is. Upon motion duly made and seconded, it was voted to hold this letter over until Town Counsel is present. The Chairman read a letter from Roland B. Greeley, Chairman of the Planning Board, requesting that the amount of $175 be made available to it for appraisals Options and options for the Lidberg and D'Augusta properties. The Chairman said it was his understanding that the Board cannot give money for options. He stated accord- ing to Town Counsel there is no money for options. Letter from the Board of Health, dated April 6, 1967, relative to the salary of the part-time Health Inspector, asking the Board to advise from what account the money should be paid. Health Mr. Cataldo asked if there was no extra money in Inspector their account. Upon motion duly made and seconded, it was voted that the part time Health Inspector be paid from the Clerical Fool. Letter from the County Commissioners relative to hearing upon the complaint of Dr. L. M. Titelbaum, Complaint 246 Concord Avenue, relative to a dog owned by Francis Bussey, 216 Concord Avenue, was read and placed on file. Mr. Carroll returned to the meeting. He stated that last week Mr. Gray, Cole, Legro, he and representatives of Bedford, met with begard to the 52 Bedford Sewe , and they reached a point where he felt they have something that looks promising to report. He submitted a report from Haley & Ward, Inc. to ecah member of the Board, Scheme A andScheme B. Mr. Carroll explained the different items, and also pointed out the areas involved on the detailed plan. He stated the sharing of any cost should be based on the increased benefit for new nonstruction. He stated Bedford would pay 1/3, Lexington 2/3. Federal funds willbe available for both ventures. Mr. Mabee stated the Town should be sure to protect itself. The Board gave approval of Scheme B. Upon motion duly made and seconded, it was voted Laconia St. tosign notices of intention to lay out Laconia Street from Lowell Street a distance of 1150 feet, more or less, aoutherly and easterly. The Chairman read a letter from Mr. Irwin, Building Nidation Inspector, dated April 6, 1967, relative to zoning vio- lation at L}. Wheeler Road. This report is to be kept on file. The Chairman read a letter from Franklyn J. Crosby, Article 5 Piper Road, relative to the insertion of an article in the Town warrant for the June meeting. The Chairman stated he would reply to this letter. Notice from the Alcoholic Beverages Commission per- April 19 taining to the sale and delivery of alcoholic beverages ABC notices as they relate to Patriot's Day, Wednesday, April 18, 1967, was read by the Chairman. Upon motion duly made and seconded, it was voted to request the liquor stores to remain closed all day on the holiday, as has been the usual custom; the Battle Green Inn may sell alcoholic beverages during the usual hours. Invitation was received to attend April 18 Distinguished Guests Reception and Annual Patriots' Day Ball on Tuesday Invitation evening, April 18, 1967. Mr. and Mrs. Lincoln,F. Cole, Jr., and Mr. and Mrs. Levi G. Burnell will be happy to attend. Letter was received from Mrs. T. C. Schelling, 20 Oakland Street, giving permission to a group of teenagers Teenagers' to use her barn. The group had petitioned the Board of request Selectmen to hold a club at the above address. Upon motion duly duly made and seconded, it was voted to deny the request, and to inform the group that the Bard of Selectmen has no jurisdiction over matters such as this. Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation on behalf of Demetrios Cert. of U. Constantelos, 70 Simonds Road, Lexington, satisfactory Inc. character references having been received from Chief Corr. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on April 3, 1967, The Chairman asked if it would be agreeable to the. other members of the Board to postpone the Town Meeting. Special to June 12, and to close the warrant on May 1. Town Upon motion duly made and seconded, it was voted Meeting to postpone the June Special Town Meeting to June 12, 1967 and to close the warrant on May 1, 1967. Mr. Cataldo referred to the Worthen Road connector. He said the Board had made a commitment, and asked if Worthen this is what the Board wants to do. Road The Chairman suggested getting more information and meet with Ribbs again; to set up a meeting with Ribbs. Mr. Mabee referred again to the Lloydlland, and stated there has to be a good description of the land, a Lloyd land prerequisite, and the Board should get a plan that can be referred to. Mr. Carroll suggested that Paul, Mr. Gray, John and Mr. Mabee go up there and get an option. The Oakmount Circle water problem was referred to and Mr. Carroll stated that the Calgon has no effect Water there; they would check the valves. 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, might adversely affect the public security, the financial Executive interest of the Town or the reputat;i-t of any person. Session Following discussion with Mr. Carroll relative to a transfer, hiring clerk, April 19, the West Property, Local #1491, and a complaint, it was voted to resume the btlen meeting. Upon motion duly made and secondtid, it was voted to adjourn at 11:30 F.M. A true record, Attest: '7,/ Acting Clerk, Selectmen 74 co N C-1 Pole location Conduit location SELECTMEN'S MEETING April 17, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, April 17, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Lowell Street. Notices of the hearing were mailed to the peti- tioners, owners of property as listed on the petitioners' plans and also filed with the Superintendent of Public Works. Mr. Pratt, representing the Boston Edison Company, and Mr. Dunn, representing the New England Telephone and Telegraph Company, were the only persons present at the hearing. Mr. Pratt explained the proposed pole is to hold the line going down North Street. Mr. Carroll had no objectb n. There was no one present at the hearing in favor or in opposition, and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition and sign the order forthe follow- ing JO pole location: Lowell Street, westerly side at North Street, -- One pole. Hearing was declared open on petition of the Boston Edison Company for permission to locate a buried box and conduit in Patriots Drive. Notices of the hearing were mailed to the petitioner, owners of property as listed on the petitioners' plans and also filed with the Superintendent of Public Works. Mr. Pratt, representing the Boston Edison Company, was the:onl r•persohpresent at the hearing. He ex- plained the proposed installation and Mr. Carroll approved. There was no one present at the hearing in favor or in opposition, and the Chairman declared the hearing closed. 575 Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing conduit location: Patriots Drive, approximately 295 feet southwest of Edgewood Road, a distance of about 45 feet, Buried box and conduit. Mr. Legro stated he had an Order of Taking for the Bedford Street -Winter Street trunk sewer and ex- plained there had been somewhat of a delay in making Order of arrangements with the Boston Edison Company and the Taking gas line. However, both companies assured him there would be no damages sustained by reason of this taking and no damages have been awarded. He mentioned that the Board had previously voted no damages. Upon motion duly made and seconded, it was voted to sign the Order of Taking for the Bedford Street - Winter Street trunk sewer as submitted by Town Counsel. Mr. Legro stated he had an Order of Taking for the Murphy property on Grove Street that was voted by Order of Town Meeting. He stated this would be followed by a Taking confirmatory deed and release of damages. Upon motion duly made and seconded, it was voted to sign an Order of Taking for the Murphy property on Grove Street as submitted by Town Counsel. Mr. Legro stated that, under Article 85, the Annual Town Meeting, there was a vote to authorize the Selectmen to acquire Lot A in the Peacock Farms, Section 6, subdivision. The Planning Board had pre- viously obtained an option which expires April 20, 1967. He said he had previously suggested that the Planning Board let the Selectmen know in advance so it could be exercised. He stated he had an Order here for the Board to exercise the option. Upon motion duly made and seconded, it was voted to sign the Order to exercise the option. Mr. Legro said he would check it out with the Planning Board before he sends it out. Mr. Legro said the Board voted last week to exer- cise the option of the Newell property and said he had the forms for the exercise of that option. Newell 'Upon motion duly made and seconded, it was voted option to exercise the option as submitted by Town Counsel. Lot A Peacock Farm Sec.& 576 Mr. Legro said this afternoon he received a call from Mr. Perry regarding the annuity for Mrs. Rycroft. Mr. Perry had received a call from Chief Corr. The question specifically was whether in his, Mr. Legro's, opinion, the Town could make it retroactive to January 1, 1967. He said he felt it proper for the Selectmen to Rycroft vote to pay the $2,000 annuity for 1967 and to make the Annuity first payment cover a period of four months, payable the last day of April, and to make the other payment on a monthly basis for the last day of the month for the balance of the year. He said the Board should vote one way or another on it because that is the way the statute is written. Upon motion duly made and seconded, it was voted to pay to Grace Rycroft, widow of John W. Rycroft, an annuity in the amount of $2,000.00 for the year 1967, subject to the provisions of G.L. Chapter 32, Section 95A, payable as follows: $666.64 on the last day of April, and $166.66 on the last day of each subsequent #onth in 1967, beginning with the last day of May. Mr. Legro referred to the West property and the betterment assessments that he discussed with the Board some time ago. He reported that Mr. West went to hiac office and stated he expected to pay and would, and had computed the interest. This was before Mr. Legro knew that Mr. Tropeano represented Mr. West. Last week, he received a letter from Mr. Tropeano, dated April 13, 1967, stating the betterment was to be paid as the lots were sold. Mr. Tropeano referred to a letter from Harold E. Stevens. Mr. Legro acknowledged the letter and told Mr. Tropeano when he discussed this with Mr. West, he was willing to pay the betterment and in fact, had computed the interest. He told him hewould take this up again with the Board. He said it is a policy question which he could not decide. He explained the ehecks have been drawn and held for some time because he had difficulty with the plan. He said he supposed he could turn the cheeks in and get new amounts. Mr. Cataldo asked if Mr. Legro knew any compelling reason for Mr. West changing his mind. Mr. Legro replied he did not know that Mr. West has changed his mind. His personal feeling is that the Town is paying for the land and he is getting an adequate sum of money for the land, and expected to pay for these. The Chairman asked if there would be any merit to the Board's adopting the policy these should be paid at this time, Mr. Legro to contact Mr. Tropeano and have him convey this to Mr. West. Mr. Cataldo said he would not like to impose any hardship on Mr. West. The Board hgreed to the Chairman's suggestion. West property betterment assessments Mr. Gray said he received a proposal from the A & D Realty Trust offering $200 for Lot 7B Bow Street. He said this was advertised last Thursday and bids opened at 4:00 P.M. last Friday. Upon motion duly made and seconded, it was voted to Sell and convey tax title Lot 7B Bow Street, subject to the easement going through the lot, and subject to this lot being combined with adjoining property of the A & D Realty Trust for the sum of $200. Mr. Gray reported receipt of a letter from Ernest E. Outhet, 25 Ivan Street, requesting permission to move a house from Bonair Street, Lexington, to .food Street, Lex- ington. The Chairman said the usual procedure is to refer such requests to the Chief of Police and Superintendent of Public Works, and asked that a report be submitted by Mr. Gray at the next meeting. Mr. Wilbur Nylander, representing Mr. Alfred P. Tropeano, met with the Board in regard to the proposed building on Hartwell Avenue to be erected by the Instru- mentation Laboratory, Inc. pepple. He said they are very definitely going ahead and have submitted plans to the Planning Board and the Board of Appeals. The Board of Appeals has approved the plans and site layout. They do plan to go ahead as soon as sewer is available. Their purchase agreement is subject to that and unless the ser- vices are provided, there will be no building. He said he had a letter dated December 16 in which they restate these facts. The Chairman said they are waiting for the Town to put in the water and sewer. He stated the Board has a commitment from the Town Meeting on the basis the Board has it signed, that they go ahead. He said they could get everything approved and still not build. He stated the Town would be in undesirable position if it went in with the services and then they backed out. He said they have to recognize the Burd has a mandate from the Town Meeting to go ahead and to do this, but Town Meeting and the Board of Selectmen want to be assured they will go forward. Mr. Nylander asked what they could do or say that would satisfy the Board. Mr. Cataldo replied the first thing is for them to buy the land and the Board would put the sewer out on two bids. Mr. Carroll said he doubted that. Mr. Cataldo said if the Town is going to start spending design money, they should start simultaneously. 577 Tax Title Permit Hartwell Avenue building 578 Mr. Nylander said they have engaged an architect and they are committed to buy the land if the sewer is made available. He said if the contract is let for it, he thought they were bound to buy it. Mr. Cataldo said they were bound to Mr. Nylander. He said once the Town starts this and designs are made and bids taken, it is not going to stop. He said the Board wants the same assurance from them. Mr. Nylander asked what the Board wanted for assurance. The Chairman replied for them to buy the land and start building; then the Town could proceed. Mr. Cataldo said there is no reason why they cannot let their construction contract the same time the Town lets its contract. Mr. Nylander said that may be the answer. The Chairman asked if they understood the Board has approval of Town Meeting. Mr. Nylander replied that Mr. Ross, the President of the organization, lives in Lexington. Mr. Cataldo said the Board would do everything in its power to get this started. Mr. Nylander asked if the Board wahted the construction contract for the sewer and the building signed at the same time. The Chairman said reasonably within the same time. Mr. Cataldo said it would not take the Town as long to design the sewer. Mr. Carroll said if the Board said to start this today, it would be three or four months before construction would start. He said construction would take three months. Mr. Cataldo asked that Mr. Nylander start designing and the Town would start. Mr. Nylander said Mr. Thomas Ross of Lexington is President and Mr. Newhouse is Treasurer. He said he thought the problem now is one of mechanics of bringing these together. He said he would like to know what they have to come back with. Mr. Mabee stated the Board wants to know when they are going to start design, when they will complete design, when they will go out for bids, when construction will begin and whhn it will end. He said the Board would then try to meet that timetable. Mr. Carroll said Mr. Tropeano said these people do not know if the bids will come in higher than theestimates. He said it seemed to him the Board would be wise to meet with these people. Mr. Cataldo suggested that they work with Mr. Carroll. It was agreed that Mr. Carroll and Mr. Gray arrange to meet with Mr. Tropeano and a representative of the company. Mr. Nylander retired at 8:10 P.M. Mr. Leonard Jellis, Sr., Reed Street, met with the Board and registered complaint about the condition of Reed Street, the width and lack of sidewalks. It was agreed to take the matter under advisement and that Mr. Carroll would come back to the Board with a report on the overall length and width of the street with engineering facts so the Board could properly con- sider it. The Chairman said the Board needed more engineering facts and stated nothing could be done this year because no funds have been provided. Mr. Jellis retired at 8120 F.M. Mr. Anthony DiNitto, 9 Shade Street, met with the Board and said he has been complaining for about a year and a half about Raymond Potter who repairs automobiles at the side of his, Mr. DiNitto's tome. He said Mr. Potter has a two -car garage and there has been a col- lection of maybe three or four cars all at one time, trucks and engines all over the araa. He said first he called the police who came up and advised him to see the Building Inspector who was supposed to enforce the law. He said he went to see Mr. Irwin and he said he would look at it and talk to the man. He said he also called Mr. Spellman of the Fire Department who was going to do something about it. The following week, he went to Mr. Irwin again and he said he talked to Mr. Potter's father who said he was going to talk.,to him. Mr. DiNitto said this goes on continually. After that, he called Mr. Spellman again because of the fire hazard. Mr. Spellman said he would look into it. Mr., DiNitto said they are using acetylene torches. Mr. Spellman told him he sent his deputy over who said he could not find anything. Mr. DiNitto said this went on all last year and no matter when he talks to Mr. Potter, it does not make any difference to him. a He said just last Sunday he had another talk with him, and at that time, Mr. Potter said he was building a racing car as a hobby. Mr. DiNitto said if someone is building a racing car for a purse, that is business. He said while Mr. Potter is working, there are other fellows working in the area and it is one continuous racket. He also brings in wrecked cars and works on them. Mr. DiNitto said he is in the automobile business and he knows what is going on there. The Chairman asked for the address, and Mr. DiNitto said it is at the corner of Old Shade Street and the Cambridge Turnpike. Mr. Cataldo said everyone was familiar with the situation. 579 Reed Street' Complaint 5S0 Fence Mr. DiNitto said Mr. Potter is not only working, but there are a number of people coming in there with hotrods and they go up and down the street at any speed they want. The Chairman said Mr. DiNitto's complaint was against the property owner and the use of his property. Mr. DiNitto said that was correct. The Chairman said he would write a letter to the Building Inspector outlining the complaints and ask for an inspection and report. Mr. DiNitto stated Mr. Potter said he could do this provided it is a hobby. However, he has a compressor, spraying equipment and the men are working there all night. Mr. DiNitto said he knows this business, the automobile business. He said if the Inspector says he cannot find anything there, these people get the word and clean the area up. He said last week he told them he was going to do something about it and they cleaned the place up but he had already taken some pictures. He said he has pictures of people u.aing the acetylene torch and if neces- sry, he would get his own lawyer and bring this to court. The Chairman suggested that the pictures be avail- able for the Building Inspector. Mr. DiNitto said if something is not done, he will take this to court. The Chairman said this would go through the channels and he would keep Mr. DiNitto informed. Mr.DiNitto said if Mr. Potter is allowed to he would get his own truck up there with five or wrecks and claim it tarbe his hobby. Mr. DiNitto retired at 8:30 F.M. Mr. Carroll asked if the Board wanted him to pro- ceed to get the fence for the Adams School and have it erected. The Chairman instructed Mr. Carroll to proceed. Mr. Carroll referred to the instructional pool and Fool reported that Mr. Hayes, Mr. Bertini, Mr. Gray and he had a meeting and the committee would like to proceed with the construction of that pool, and would like to have it handled by the Engineering Department. Upon motion duly made and seconded, it was voted to authorize the Engineering Department to proceed. Mr. Carroll reported he went in to see Mr. Greeley from the State today regarding Federal Aid on the pro- gram with Bedford. He said the news was fairly en- couraging. Mr. Greeley said he could see no reason why normal continue, six Bedford sewer 581. this project would not be eligible for 75% to 80% Federal Aid. If the Federal agoes to 50%, the State will give 25% and if the Town or City is a member of a planning district, which Lexington is, it is entitled to 10%. He said they cannot assure the Town money will be available. He did say it is now possible, once the project has been approved by the State, Federal Aid will come at a later date. He said he could get a letter stating the project will be eligible for Federal Aid. The next step is to have a meeting of the two committees and bring in the Air Force people and probably a discussion with the MDC at a future date. The Chairman said Mr. Carroll had control of a meet- ing with the two towns and he was sure that he had the Boardts approval to proceed. Mr. Carroll referred to a taking of a proposed sewer easement on the North Street Pumping Station trunk sewer project and said it its the last easement to be acquired on this project. It involves the Hamilton property Sewer and both people have been contacted. No appraisal has easement been made of the damages. At the present time, there is an existing drainage easement cutting across both these properties. He said if the Board had no objection, he would like to proceed to get an appraisal and work towards having the Board adopt an Order of Taking. The Board had no objection. The Chairman read a letter from Mr. Legro stating he read a report in the Lexington Minute -man that the Selectmen had voted to change the date of the Special Special Town Meeting from June 5, 1967 to June 12, 1967. He Town Meet - had scheduled his program so as to be available on June 5 ing and thought he should let the Board know at this first opportunity that he would not be available on either June 12, 1967 or June 19, 1967. Letter was received from Mr. Legro stating, in his opinion, that an agreement with the Lloyds could be worked out whereby the purchase price could be paid in two or Lloyd three installments covering a period of a like number of agreement years provided the entire amount of money is appropriated in one year. He advised that an option should be obtained from the owners specifying the agreed terms of payment. The Chairman said the Board was in favor of obtaining the option. Mr. Legro stressed most strenuously that a proper plan be prepared, and said it should be in form for record- ing. Mr. Cataldo said the terms of the agreement should 582 be straightened away first. Mr. Mabee said he would like to know what piece of land the Board is talking about. Mr. Cataldo said he meant what the price is. Mr. Mabee said Lloyd is talking twelve acres and t e Board is talking fourteen acres, and the Board should know the are before it starts talking money. Mr. Gray suggested that Mr. Lloyd and Mr. Carroll walk the land so they would know what the Town is talking about. Mr. Mabee suggested that a meeting be arranged this week for some afternoon at four with Mr. Carroll, Mr. Gray and Mr. Lloyd. Letter was received, dated March 22, 1967, from William A. Rae, Chairman of the Lexington Great Meadow Committee, stating Arlington Town Meeting passed an article concerning the Great Meadows, including $10,000. Great He asked if Lexington was planning to have an article Meadows in the warrant for the June Town Meeting. The Chairman said his personal feeling is, he would like to see something done with the Great Meadows, but he did not know what the result of a study would prove. Mr. Legro said had he caught up with Mr. "Purcell, he would have talked to him about the subject of zoning which was all he, Mr. Legro, knew about at the time. He said he would not have mentioned the question of a study. The Chairman said if zoning is not entering into it, this Board now knows enough about it to decide if it wants an article in the Town Meeting. Mr. Cataldo asked Mr. Gray to obtain a copy of the Arlington vote and arrange a meeting with the Committee for next Monday night. Mr. Carroll's letter, dated April 4, 1967, a copy of which was sent to each member of the Board, in regard to plowing churches, was held over. Plowing Mr. Kenney said he would like to go along with Mr. churches Carrollts recommendatiohi Upon motion duly made and seconded, it was voted to discontinue the practice of plowing churches, temples and the Mental Health Building located on Bedford Street, beginning with the 1967-1968 season. At 9:00 P'.M., the Appropriation Committee with the Board to discuss the bonding of sewers. Mr. Carroll stated he and Mr. Perry were discussing 583 the problem of the various sewer articles, and the general conclusion was, it would be wise if only one bonding issue were involved. He said one problem is the fact he has no definite commitment on Hartwell Avenue and there are no funds to work with for Hartwell Avenue. He said he thought the Appropriation Committee felt there should be no bonding until after July 1. Mr. Gray explained borrowing before July l would Bonding involve an interest payment for which no funds have been provided. Mr. Parrish said the problem is Mr. Carroll has only a small amount of money. Mr. Grant suggested that Mr. Carroll use the $10,000 in the other sewer article now. Mr. Legro said he would frown on that and thought the Comptroller might question it. He said there is at least 2% cash in the borrowings. The Chairman said this is something the Board can hold in abeyance. Mr. Legro advised the sewer money can be used for the purposes for which it was appropriated in the articles. Mr. Parrish said the Appropriation Committee is looking into the matter of a Personnel Board, and a strong personnel committee. He said the Committeejust wants Personnel the Board to be aware of the fact thereshould be a Boardd stronger personnel committee than there has been in the past The Chairman asked if Mr. Parrish was saying the Salary Review Board should be given these full responsi- bilities. Mr. Parrish replied in the negative and said it is the Committee's impression they should be stronger and more objective, freer from the Ba+rdsthan it has been in the past. The Appropriation Committee retired at 9:15 P.M. Upon motion duly made and seconded, it was voted to grant permesion to the Mystic Valley Gas Company to locate a two-inch high pressure welded steel gas main in Vine Street and Woburn Street, Mr. Carroll having approved the proposed location. Notice was received from the North Atlantic Div- ision, Corps of Engineers, New York, advising of a public hearing to discuss the Northeastern United States Hearing Water Supply Study. Mr. Carroll said he would have someone from his department attend the hearing. Gas main 04 Hearing Permit Permit Bond Special Police Notice was received from Cabot, Cabot & Forbes, in accordance with the provisions of G. L. Chapter 131, Section 117C, that they intend to dredge, fill or re- move land which falls within the jurisdiction of this statute. Upon motion duly made and seconded, it was voted, pursuant to the provisions of Chapter 220 of the Acts of 1965, to hold a hearing in the Selectmen's Room, Town Office Building, Lexington, Massachusetts, on Monday, April 24, 1967, at 6:30 P.M., relative to plans of the Hartwell -Lexington Trust, c/o Cabot, Cabot & Forbes Co., to make available for industrial develop- ment an area bounded by Hartwell Avenue, the Boston and Maine Railroad and Hinchey Road, Lexington, Mass. Upon motion duly made and seconded, it was voted .to grant permission to the Lexington Post No. 3007 to conduct tts annual Poppy Drive on May 25, 26 and 27. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Youth Baseball League to conduct the League's annual parade on Saturday, April 29, 1967, starting at 1:00 P.M. Upon motion duly made and seconded, it was voted to approve bond No. 92-40-54 in the amount of $23,000.00 on behalf of Rita J. McNamara as Assistant Town Treasurer and bond No. 92-40-53 in the amount of $1,800.00 on be- half of Rita J. McNamara as Assistant Town Clerk. Upon motion duly made and seconded, it was voted to appoint the following Special Police, as requested by Chief Corr: SPECIAL POLICE OFFICERS 1967-1968 Acheson, Eugene A Adams, Adam A. Adams, Alan G. Adams, Bertram H. Anderson, Carl . 2634 15 Jr. 127 41 38 126 59 92 75 Baker, Ramon C. Ballou, Sidney R. Barnes, John B. Barnes, Raymond E. Barrett, Elliott J Barry, John M. elcastro, Francis Bentley, Thomas F. 264 Massachusetts Avenue Charles Street Somerset Road Wyoming Ave., Malden Ledgelawn Avenue Stratham Road Highland Avenue Kenmore Road, Malden Gleason Road Middle Street Forest Street Williams St., Arlingt South Rd., Bedford Redident Resident Resident M.I.T. Lincoln Lab. Civil Defense Resident Resident M.I.T. Lincoln Lab. Resident Resident Resident on Firefighter Custodian 1 SPECIAL POLICE OFFICERS 1967-1968 (Conttd.) Bevington, Alfred Blodgett, John Bluteau, Joseph Breland, Barry Burke, Thomas M. Burnell, Levi G.,Jr. Burrell, Arthur E. Bussey, Francis Carroll, John J. Casey, William P. Cataldc, James Cataldo, Robert Carew, Walter Cole, Lincoln P. Jr. Cormier, Joseph G. Jr. Cousins, Lyman S. Dearborn, Horace N. Delfino, Nicholas J. Dooley, Henry W. Doughty, George Jr. Doyle, Charles Eip r , Alan EErikason, E. Ernst, Karl Ewers, Joseph E. Finney, Charles A. Flaherty, William Foley, Harold J. Freeman, George Fullerton, Dennis Gallagher, Edward T. Garland, John A. Jr. Gilman, Edward M. Goodfellow, Arthur L. Gray, Albert, Jr. Hallett, Richard Hitchcock, Hale H. Heimlich, Oscar Hruby, Albert W. Jefferson, Charles E. Jones, Cecil 130 Marrett Road 15 Hilltop Avenue 21A Flint St., Somerville 111 Page Road, Bedford 151 East Street 3 Whittier Road 2 Thoreau Road 216 Concord Avenue 54 Lincoln St., Dedham 1063 Massachusetts Avenue 43 Rindge Avenue 14 Aerial Street 3 Pleasant St., W.Concord 16 Hill Street 53 Loomis St., Bedford 6 Bancroft St., Waltham 16 Stratham Road 1 Forest St., Stoneham 77 Baker Avenue 75 Paul Revere Rd. 585 Firefighter School Department School Department Bedford Police Firefighter Selectman Civil Defense Firefighter Supt. Public Works School Department Firefighter Selectman Lincoln Police Selectman Bedford Police School Department Civil Defense School Department Resident School Department 23 Highland St., W.Concord Lincoln Police 441 Lowell Street 41 Preston Road 37 Eldred Street 12 Old Coach Rd.,Weston 36 Albemarle Avenue 4 Spencer Street 11 Freemont Street 13 Grant St., Concord 2400 Massachusetts Ave. 8 Spring Lane, Maynard 54 Gleason Road 66 Bloomfield Street 12 Edge St., Ipswich Harvard Road, Stow Firefighter Resident Resident M.I.T. Lincoln Lab. Resident Firefighter Firefighter Police Employee Firefighter M.I.T. Lincoln Lab. Resident Firefighter M.I.T. Lincoln Lab. Executive Assistant Walden St., Concord Lincoln Police 10 Marina Rd., Chelmsford M.I.T. Lincoln Lab 796 Massachusetts Avenue School Department 36 Williams Road 8 Alcott Road Civil Defense 36 Woburn Street Civil Defense 586 Kelley, Kenneth Jr. Kenney, Allan F. Kleinberg, EdwardF. Larson, Charles Lewis, Raymond E. Mabee, Irving H. MacDonald, Charles Maclean, Ralph D. Mazerall, Paul McCarron, Francis McDonald, Walter McDonnell, Edward T. McHugh, Michael McNeany, Thomas McSweeney, Leo M. Mercer, Charles R. Moretti, Joseph A. Muller, Eugene T. Muller, Leonard E. Nickerson, Douglas Nutt, Alfred Ormiston, Wallace W. Pekins, George Pezzulo, Michael Pierpont, Wilfred D., Pike, Herbert Pittman, Robert Potzka, Joseph G. Prescott, Robert Ratcliffe, Howard I. Redman, James Redmond, James J. Richardson, Earl W. Ricker, Edward Ritter, Julius C. Ryan, Thomas Ryder, Howard D. Samuel, Frank T. Jr. Saunders, Robert W. Savage, David T. Scarfo, Arthur W Snyder, John Sherman, Robert Spellman, Walter 11 Cedar Street 10 Burnham Road 41 Moreland Avenue 10 Maple St., Bedford 11 Hancock Avenue 25 Highland Avenue 24 Bernard Street 9 Spring Street 20 Wilson Road 5 Hillside Terrace 14 East Street 62 Elm St., Bedford Great Road, Acton 22 Springs Road, Bedford 6 Bancroft St., Waltham 6 Park Street 8 Rindge Avenue 24 Ewell Avenue 19 Fairbanks Road 44 Paul Revere Road 45A Ridge Road 38 Charles Street 28 Chase Avenue 247 Marrett Road Jr. 4 Taft Avenue Charles Street, Bedford 10 Putnam Road, Bedford 14 Banks Avenge 6 Forest Street 5 Chester St., N. Reading 7 Dunham Street 9 Utica Street 18 Winter Street 69 Woodland Road, Bedford 13 Pine Knoll Road,Bedford 53 Vine Street 2 Wilson Road 8 Burnham Road 295 Marrett Road 9 Manley Court 85 Farnham St., Belmont 177 Concord Rd., Bedford Loomis St., Bedford 276 Massachusetts Avenue Firefighter Selectman Resident Bedford Police Civil Defense Selectman Civil Defense Resident Park Superintendent Firefighter School Department Cary Library Lincoln Police Bedford Police School Department Resident Civil Defense Firefighter Firefighter Firefighter School Department School Departme11 Firefighter School Department Civil Defense Bedford Police Bedford Police School Department Resident School Department Resident Firefighter Resident Bedford Police Civil Defense School Department M.I.T. Lincoln Lab. Resident Resident Firefighter Belmont Police Bedford Police Bedford Police Fire Chief 1 SPECIAL POLICE OFFICERS 1967-1968 (cont'd) Spiers, William L. Jr. Stevens, Edward P. Stevens, Raymond Sullivan, Richard Sullivan, Thomas Swan, Duncan F. Turner, Gerald C. Vinsec, Robert J. Walsh, John Walton, Robert E. 7ashburn, Arthur E. Whiting, William Wright, Glenn Yewell, Paul G. Young, Stanley R. )8Pv 7 185 Lowell St. M.I.T. Lincoln Lab. 4 Chandler St., Salem School Department Treble Cove Rd.,Billerica School Dept. L37 Bedford Street Firefighter 17 Curve Street School Department 24 Bedford Street School Department 9 Hillside Terrace Civil Defense 310 Boston Post Rd.,Wayland M.I.T.Lincoln Lab 10 Ames Avenue 5 Spencer Street 1061 Massachusetts Ave. 314 Lowell Street 67 Simonds Road Firefighter Firefighter Firefighter Firefighter Resident 6 Leland Terrace Resident 86 Winter Street Resident Upon motion duly made and seconded, it was voted to make the following appointments: APPOINTMENTS (Terms expiring March 31 unless otherwise noted.) Board of Appeals (Five Year term) Board of Appeals Aseociate Members Bureau of Public Welfare and Old Age Assistance Gammel Legacy Income Trustees (Acting with Department of Public Welfare Appoint- ments Donald E. Nickerson Logan Clarke, Jr. John H. Blaisdell Ruth Morey Robert H. Farwell Woodruff M. Brodhead Geonge W. Emery Howard H Robert K Robert P David F. Martin A James E. . Dawes . Taylor . Trask, Jr. Toomey . Gilman Collins 588. Minutes Street Orders Sidewalk APPOINTMENTS (cont'd.) Board of Retirement (Three-year term)Apr.1 George P. Morey Standing Plumbing & Building By -Law Comm. (Three-year term) Dog Officer April 1 Robert W. Custance Leo Dunn Carl A. Carlson Dr. Howard A. Smith (Second Dog Officer) Fire Commissioner (Three-year term) Fred Coolidge Bailey May 1st Forest Warden May 1st William P. Fitzgerald Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on April 10, 1967. Upon motion duly made and seconded, it was voted to sign Orders for the construction of the following streets: Longfellow Road Phinney Road Tricorne Road Whittier Road Tyler Road Kendall Road Payson Street Valleyfield Street Minutes Mr. James E. Storer and Mr. Frank Carpenter met with the Board. Mr. Storer stated he was representing people of the Bowman Park area who are concerned about the side- walk between Worthen Road and Watertown Street. He said he was concerned about the appropriation because there was a total of three children on this section of the street and in three years, there will be no children on this section of the street. He said these three go through their back yards over Moon Hill and there is no need for a sidewalk in the terms of children. He said the real safety need on Pleasant Street is some provisions for a bus stop for the school bus. He said last year suggestions were submitted to the Planning Board along this line as part of the Bowman Park beautification. He said if the sidewalk is postponed for a year or two, the beautifi- cation program would pick it up. He asked if the Selectmen would postpone the Pleasant Street sidewalk between Watertown 1 Street and Worthen Road for this year. The Chairman explained that, on sidewalks, the Board has followed exactly the recommendations of the School Committee. He said if the School Committee would write the Board a letter and state in its opinion there is no need for a sidewalk on Pleasant Street, he did not think from the information the Board has, it could take any other action. Mr. Storer said the School Committee is considering this and asked the Board not to take any action at this time. The Chairman asked if Mr. Storer agreed the Board should wait for a recommendation from the School Com- mittee. Mr. Storer said he was asking the Board not to take action until the School Committee does have time to review it. Mr. Cataldo said, as far as he was concerned, if the School d;ommittee did not stand on the original recommen- dation, his vote would be not to install the sidewalk. He said he would give the committee an opportunity to revalu- ate it. The Chairman said the letter from the School Com- mittee should state it does not think a sidewalk is neces- sary on Pleasant Street between Watertown Street and Worthen Road. Mr. Cataldo said the letter would have to be signed by the School Committee. Appointment to the Board of Assessors was held over. Mr. Cataldo said the Annual Town Meeting Authorized the Moderator to appoint a planning committee for the incinerator group and he felt it necessary to have an appropriation for the committee. Upon motion duly made and seconded, it was voted to insert an article in the warrant for the June 12, 1967 Special Town Meeting requesting an appropriation of $3,000 for the use of the Regional Refuse Disposal Planning Committee. 589 Article Mr. Kenney asked if it would be helpful to the Board if Mr. Gray would prepare a schedule of land acquisitions Land so the Board could keep it up to date and forestall such acquisitim questions as happened on the West property. The Chairman explained that Mr. Gray has bees working on all past votes of Town Meetings on land acquisitions and has been working with Town Counsel. Mr. Cataldo explained what came up on the West pro- perty would not have been evident on such a list. 590 EXecutive Session Mr. Kenney said he would still like to have a list made up for the members of the Board. Mr. Gray agreed to have such a list ready for the next meeting of the Board. 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, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following didcussion regarding fill and a sewer backup, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M. A true record, Attest: Exec ive clerk(, Select en SELECTMEN'S MEETING April 24, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, April 24, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. At 7:30 P.M., hearing was declared open upon notice of intention to lay out as a town way, Laconia Street from Lowell Street, a distance of 1150 feet, more or less, southerly and easterly. The Chairman stated this is not the usual place for a hearing on a street, but the Board felt that where there was only one street involved, it would hold it in alegal Selectmen's Meeting. He read the -notice of intent, dated April 10, 1967, and said he believed all those involved had received a copy of the notice. He asked for those who wished to be recorded in favor. Mr. Salvatore Ferraguto, 145 Laconia Street, was recorded in favor and requested that a stret sign be erected so the Town Meeting Members can find it and see the condition for themselves. Mr. Thomas J. Passanisi, 135 Laconia Street, was recorded in favor and reported that Mr. Sumner Perlman asked him to inform the Board that he is infavor. Mr. Mazzola said he owned a lot of land and wanted to build a house, is a taxpayer in Lexington, and was in favor. Mr. Douglas Maxner, 1?)1 Laconia Street, was recorded in favor. Mr. George Morey, 49 Ridge Road, was recorded in favor. Mr. Solomon Samourian, 120 Laconia Street, who said he has lived there since 1938, was recorded in favor. Mr. Edward Dempsey, 119 Laconia Street, was recorded in favor. Mr. Paul Rosa, 500 Lowell Street, and Mrs. Rosa, were recorded in opposition. Mr. Rosa said it would cost him about $2,000 for a road he cannot use, and asked how this reappeared after it was turned down by Town Meeting. The Chairman explained, at a Town Meeting, an article can go in the grant at the discretion of the Laconia St heating 'Augustus ,Road Board of Selectmen or on petition of ten registered voters. At a Special Town Meeting, an article can still go in at the discretion of the Board or on peti- tion of 100 registered voters, and 100 registered voters having petitioned, the article would go in. Mr. Diran Semonian said he lived at the corner of Lowell and Laconia Street and he walked along the street to survey why he was opposed. He registered opposition because it means a great cost to him personally. There are about thirteen families involved and they are asking three families to pay 50% of the cost of the road. He said it would cost him approximately $]+,400 which he cannot afford. He said if the Board could come up with a more equitable way to pay for this, then he would not oppose it. Mrs. Semonian said it will be $30 a month for twenty years. Mrs. Frederic'.. Spellenberg, 498 Lowell Street, was registered in opposition. The Chairman said he would declare the hearing closed; the Board had heard those in favor and those in opposition. He said the article would go in the warrant because it has been petitioned for by 100 registered voters. He advised anyone who is a resident of the Town will be able to speak from the gallery if the Moderator gives his permission. The group retired. Mr. Leonard Doppler met with the Board relative to the completion of Augustus Road, and stated nothing has been done in seven and a half months. Mr. Carroll said he understood Terrazzi is about to pave the section of the road in question and he knew the paving contractor was anxious to get going. He said Trimount would not have the equipment there unless they are going ahead. Mr. Coscia has been in touch with Terrazzi in an attempt to get certain things done, and as far as he knows, Mr. Terrazzi knows what has to be done, and has agreed. Mr. Legro stated the bonding company has a complete list of what has to be done. He reported he tried a number of times last week to reach the field supervisor for the bonding company and did not get an answer. He tried six or seven times this morning without result and he has a declaration to be filed. He said at 5:10 today he received a call from the field supervisor and told him of this meeting tonight and that maybe as a result of this meeting, there would be a direction to have some- thing done. He agreed to call Mr. Legro tomorrow morning. The field supervisor was under the impression they are ready to start but were held up because of the weather. r 3 The Chairman asked if it was possible that tomorrow morning there would be a definite date when the work will start. Mr. Legro said it is likely that an answer will come back from Mr. McLaughlin to Mr. Stimpson. He said he was prepared to move forward if it becomes necessary. Mr. Doppler asked if this would have to go to court, and Mr. Legro replied in the affirmative and said it would have to be heard and all that would be gotten would be money, to do the work. He said he thought, with the Travelers, he could expect now that things are moving to get this accomplished properly and reasonably promptly. Mr. Legro said at 10:05 today, it was indicated to him that they were read to go but the weather was holding them up. He said since he has bean active on it since last fall, there really hasn't been an opportunity to do much. The Chairman explained the Town could not go in and do anything o n the street because it is actually owned by the abutters and it has no legal right. He said he thought all indications are that the work will be started shortly. Mr. Carroll said in two weeks the road should be done, and he would not give them more than two weeks. The Chairman said after that time Mr. Legro can take • the legal course that is available. Mr. Legro said he thought the Town should move a little faster than that, and he thought the Board should have in mind a period of a week or ten days depending on the weather. He said if the weather is good, they should move in there in three or four days. Mr. Cataldo asked if Trimount would do the whola job, and Mr. Carroll replied he thought so. The Chairman said everything has been done that can be and the declaration is ready to go. Mr. Doppler suggested a week from Friday if the weather is good. Mr. Legro said it may be sooner than that. Mr. Doppler retired at 8:20 F.M. Mr. Gray said he received a letter from Temple Emunah requesting permission to hold its Annual Country Auction on Sunday, June 11, 1967, on the Temple parking lots, starting at 1:20 P.M. Auction The Board had no objection. Letter was received from Itek Corporation, dated April 18, 1967, stating the corporation is experiencing Itek sewage a serious problem of inadequate sanitary sewage disposal problem Transfer Mr. Carroll said he was aware of the letter and he would like to emphasize that the Town is in real bad trouble in regard to the sewerage system in North Lex- ington at the present time. The heavy rains have caused a great deal of infiltration into the system. He mentioned that the Town of Bedford has cooperated. He said every effort should be made now to reach this agree- ment with the Town of Bedford and proceed to construct the force mains and relief sewers. The next step is for the two Towns to meet with the Air Force and MDC to alert them of what has been done so far. He said most of the overflows are coming from individual houses. It was agreed that Mr. Carroll would discuss the matter with Mr. Burdick prior to a meeting to work out the details. The Chairman said he would advise Itek that Ceps are being taken to alleviate this problem. Memo was received from Mr. Perry, Comptroller, ad- vising that the Appropriation Committee has discussed the Board's request for a transfer of $1,000 from the Reserve Fund to the Highway Maintenance Account. The Committee understands the unforeseen expenditure, but hopes that through careful management of funds, a saving in the amount requested may be possible in another area. If conditions warrant, and this transfer becomes neces- sary, the request Willbe reconsidered at that time. Mr. Carroll stated he could stay within the budget by doing $1,000 less paving. He said he thought he should get the $1,000 whether now or later. The Chairman said the Board would reiterate its request to the Appropriation Committee. Letter was received from Mr. George P. George, 7 P:ppr:Road, requesting that repairs be made in front of houses #5 and #7 Piper Road where a water pipe was Complaint 2ocently replaced. Mr. Carroll stated he had referred this to Mr. Coscia to check out. Mr. Gray said he received a letter from Alford Peckham regarding the United Fund. They want to put U. F. torch a torch symbol in front of Cary Hall on the flagpole. They Mould take care of the erection and maintenance and would like to have an electrical connection. Mr. Carroll said there would be no problem. Upon motion duly made and seconded, it was voted to grant the request providing this is done under the direction of Mr. Carroll. 1 Mr. Gray said he had received a letter from Vernon Page relative to inserting an article in the warrant for the June Town Meeting in regard to the Dog Leash Law. The Chairman said where this is a Special Meeting and the Board informed everyone else that it would require Article 100 signatures, and this Board agreed the June Town Meeting should be a Planning Board Meeting, it would be his feel- ing the Board should keep do her articles at a minimum. Mr. Kenney stated Mr. Page called him last week and he told him to send a letter to the Board. Mr. Cataldo said the law accepted was the one re- commended by the committee. The Chairman said this does not seem to be the time to present the article to Town Meeting. Mr. Gray said he received several requests from Eugene Sullivan, nephew of Harry Sullivan, who owns property on Volunteer Way, relative to damages involved in the cul-de-sac where the Town took some of his land. Sullivan Mr. Gray said when the street was laid out there were damages no damages. At that time, Mr. Sullivan did not complain. His nephew wants the Town to reconsider its position in the awarding of damages. He said he told him at the time no damages were awarded. The Chairman said at the time, the Board felt there was sufficient frontage for a building lot. Mr. Cataldo asked if the time limit had expired and Mr. Gray replied in the affirmative. Upon motion duly made and seconded, it was voted to deny the requebt. Upon motion duly made and seconded, it was voted to grant permission to Earl E. Outhet to move a house Permit from 30 Bonair Street, Lexington, to 185 Wood Street, Lexington, subject to the usual conditions. Mr. Carroll referred to Mr. Jellis' request in regard to Reed Street when he met with the Board last week. He said the street from Bedford Street to Center Street varies in width from twenty to twenty-three feet. The layout is fifty feet from Garfield Street and sixty feet from Garfield Street to Center Street. He re- ported to reconstruct the street and make it something more than twenty-one or twenty-two feet would be in the order of $48,000 to go from Bedford Street to Garfield Street and $4.5,000 to go from Garfield Street to Center Street. Mr. Carroll recommended that the Board consider only constructing the sidewalk and that would cost $20,000, which would answer most of Mr. Jellis' questions. Mr. Kenney asked if there would be any land takings, and Mr. Carroll replied in the negative. Mr. Cataldo asked if this was an old county layout, and Mr. Carroll replied part of it was. Mr. Cataldo said then this street was not built under the Betterment Act. Mr. Carroll explained betterments are not assessed for reconstructing a street. Mr.Kenney asked about the condition of the street. Mr. Carroll stated it is in reasonably good con- dition. The piece from Bedford Street to Garfield Street is not bad, but there is need for drainage. The Chairman asked if it was possible that any part of the sidewalk on Reed Street could be done this year if money is available. Mr. Carroll replied in the affirmative and said,however, the Board should be consistent. It should pick up the ones that have been rejected. The School Department has never requested a sidewalk on Reed Street. The Chairman said every major sidewalk has been done at the request of the School Committee and there are other areas in Town that do need and want sidewalks. Mr. Carroll said that was true, but the Board should be sure the people want it, not just one individual. The Chairman asked Mr. Carroll to give the Board the information for the record. At 8:0 P'.M., hearing was declared open, pursuant to the provisions of Chapter 200 of the Acts of 1965, relative to plans of the Hartwell -Lexington Trust, c/o Cabot, Cabot & Forbes Co. to dredge, fill or remove land to make avail- Hartwell- able for industrial development, an area bounded by Lexington Hartwell Avenue, the Boston and Maine Railroad and Hinchey Trust Road, Lexington., Massachusetts. Mr. Allen Flye, Trustee:, of Hartwell -Lexington Trust, and Mr. Hutchinson, Cabot, Cabot & Forbes, met with the Board. Mr. Flye explained, by use of a plan, what is proposed. Mr. Cataldo asked if this was all they planned for this area and Mr. Flye replied in the affirmative. TheChairman aaked if Mr. Carroll saw any potential problems because of this. Mr. Carroll replied it will increase the runoff in the area, but he did think for every piece of land de- veloped up there, it will increase the runoff to the brooks in the area and he thought the h ght Town has to make some sort of judgment. He said eventually there will probably have to be a drainage system through the whole area. He said this certainly will not create a major problem of itself. Mr. Carroll said his personal opinion is that it will 1 be all rtgbt, bit he recognized the fact there will be in- creased runoff to the area. He said the Town has zoned the land to be developed this way and as far as he was concerned, there will be no major problem. Mr. Cataldo asked if the entire area would be paved, and Mr. Flye replied only the area they would have sold as they go along. They have a client for one portion of it, Jive acres, which will leave twelve acres remaining which may be divided. Mr. Hutchinson said there was nothing he could add other than whiit Mr. Flye had said. They will be going before the Board of Appeals on a five-acre parcel of land. The Chairman declared the hearing closed at 8:4+5 P.M. Messrs. Flye and Hutchinson retired. Mr. Cataldo said theTown should have some land en that side of the brook; a drainage easement 100 feet wide. Mr. Carroll was instructed to contact Mr Flye and Mr. Gray was instructed to contact the Department of Public Works and Department of Natural Resources to find out why they were not represented at the hearing. 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, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion with Mr. Carroll, pertaining Executive to his department, discussion with Mr. Legro on a legal Session matter, and the acquisition c" a parcel of land with Mr. Gray., it was voted to resume the open meeting. Messrs. Rae, Garrity and Sparrow, Great Meadows Committee, met with the Board. The Chairman said the Town of Arlington passed an article for $10,000 which was contingent on Lexington's Town Meeting passing an article for the same purpose. He said Lexington's Town Counsel is having difficulty Great in the study for use of land owned by someone else. Meadows Mr. Rae asked if he meant the Town cannot legally spend money on someone else's property. The Chairman said this is it. Mr. Rae said this was not discussed at the joint meeting, and the Chairman said, no, it was not. At that time, the question of zoning was brought up and resolved as it served no purpose; they own the land which is in Lexington. It is zoned for R-1 and Lexington is not about to change the zoning. He stated this started with him and Joseph Greeley walking the Great Meadows to see if something could be done for the benefit of Arlington and Lexington. 8 Mr. Sparrow asked if there was any recommendation made Lexington would go along with Arlington. The Chairman replied it was not specifically made, but there is good reason to interpret it that way. Mr. Rae asked if the Board was in favor. The Chairman said his own personal feeling is he would like to have a study made. He would like some legal way to do it. He said Town Counsel is having difficulty with it. The warrant closes next Monday night so the Board would have to move quickly. Mr. Rae asked if this does not go in the warrant would it rest as it has in the past. The Chairman replied he did not want it to rest. Mr. Rae said he thought the article in the Arlington warrant for the golf course committee was turned down. He said there was no opposition to the appropriation for $10,000. He said his group feels professional services are needed here from now on. It will give the background of the land and its uses and the Town will get advice on the best use of the land. Mr. Mabee asked if the vote was contingent on the zoning or the $10,000. Mr. Rae replied it was contingent on the $10,000; Lexington does not have the money and there is none available. He said he thought Arlington expects this in the June Town Meeting. The Chairman said he would have to get a definite statement from Town Counsel whether it is legal to do this. Mr. Rae said if Town Meeting turns it down, at least the Board has acted on it and lived up to its part of the bargain. He asked if there was anything his committee was supposed to do. The Chairman said he did not know that there was much it could do. Mr. Sparrow asked if the Board would have an answer in time for the warrant. The Charman said he thought by next Monday night this Board would have to vote to insert or not insert an article. He said he thought the Board could move to put an article in the warrant and work on the basis it is legal until it is advised it is not legal. If advised it is not legal, the article could be postponed. Upon motion duly made and seconded, it was voted to insert an article in the warrant for the June 12, 1967 Town Meeting requesting an appropriation of $10,000 fora a study of the Great Meadows. The committee retired at 9:30 P.M. 1 Mr. Fred Tucker, 66 Blake Road, met with the Board and related in detail conditions existing in regard to Blake Road the construction of a sewer now in progress. sewer The Chairman said the Board would discuss the sub- ject with Mr. Carroll and let Mr. Tucker know of its decision. Mr. Tucker retired at 9:45 F.M. Messrs. Brown, Conroy, DeFlice and Arthur Douglass met with the Board. Mr. Brown said the group met with the Planning Board and is proposing a zoning change for the approxi- mately eleven acres on Worthen Road between the First National Store and Grace Chapel to office use with the Zoning exception of one small parcel which would be occupied by Douglass Funeral Home. The Planning Board a week ago advised the group that it was neither for nor against and would not initiate an article in the warrant. Mr. Brown said he had submitted 230 signatures asking for a special hearing.. He submitted the sane number of signa- tures to the Board requesting that an article be inserted in the warrant for the June Town Meeting. Mr. Cataldo asked what the schedulewauld be if this prevailed. Mr. Brown replied, speaking for himself, he would start the following spring. Mr. Cataldo asked if this was on the whole package. Mr. Brown said there would be three buildings under way next spring out of a total of seven, not counting Mr. Douglass. He said there is a very good possibility it would all be in in two years. Mr. Cataldo asked if they were proposing the roads would be accepted streets. Mr. Brown replied in the affirmative. Mr. Cataldo asked if they would maintain the fee in the islands and maintain them. Mr. Brown said this would be up to the Town; they dont have any feeling for keeping it. The Chairman asked if they would give the Town a completed street. Mr. Cataldo asked if it would be landscaped or given to the Town as it is. Mr. Conroy said as it is, he supposed; the streets would be completed. The Chairman said the Board would process the signa- tures and put the article in the warrant providing there are sufficient legal signatures. The group retired at 10:00 P.M. Messrs. Legro and Carroll returned to the meeting. 10 Letter was received from the Board of Health rela- tive to having a town law enacted prohibiting the burning of outdoor rubbish, garbage and leaves as control of the Article Air Pollution. The Board of Health suggested a confer- ence with the Chiefs of the Fire and Police Departments, the Board of Selectmen and Board of Health. It also suggested that Town Counsel write such a law for an article in the June warrant. Mr. Legro suggested either,hhving the meeting as suggested or that he write to them and find out what laws they have referred to. He said this is a much bigger problem than burning leaves and there might be a solution much broader than this. The Chairman asked Mr. Gray, in the next couple of days, to get as much information together as he could and give it to Mr. Legro. The Chairman said the Board had voted to insert an article in the Town Meeting to appropriate $10,000 to match Arlington for the land use and land study and Article stated it was on the basis if it were legal. He said the Board would like to do it and if it is illegal, the article could be postponed. Mr. Legro said he thought it was too early to give any helpful answer. Mr. Cataldo said it would be better if the Board found out before the article is inserted. Letter, dated April 14, 1967, was received from Whitman & Howard in regard to the water problem at Chu water 18 Oakmount Circle. Mr. Carroll suggested giving Mrs. Chu a summary of the report and telling her what is being planned. Messrs. Conroy, Michelson, Rooney and York met with the Board. The Chairman read a letter from the Lexington Chamber of Commerce requesting that an article be in- serted in the warrant for the June Town Meeting to pave the unpaved portion of the Meriam Street parking lot. Article Mr. Rooney, President of the Chamber of Commerce, said it seems the Harvard Trust owns the property next to Trani's and this area is being filled up. He said there is a need for all -day parking. Mr. Michelson, said the lot now paved is 100% used every day of the week except Wednesdays. The Chairman explained that ultimately the plans are to pave it and get a connection through to Grant Street. However,there were no plans for this year and he said he could not see the Appropriation Com- mittee going along with this. 11 Mr. Cataldo explained the main reason was not the money. It was to see how the Center was going to develop. He said there are two or three schemes to be adopted and at that time, the Board can see where it is going. Mr. York said they would like it as far as Craft Cleaners. Mr. Burnell asked how much money was involved. Mr. Carroll replied there were three or four possibilities at one time and it got up over $100,000. Mr. Burnell said that rules out anything being done at the June Town Meeting. The Chairman stated when the Board set up the June Meeting it agreed that it would be for Planning Board articles except for those of an emergency nature or citizens' articles as they came in. He said the Board has denied articles that have been requested by indi- viduals, and it might be criticized by not planning something such as this in the regular March meeting. Mr. Cataldo asked how many parking spaces were being discussed. Mr. Michelson said there might be another hundred. Mr. Cataldo asked if he thought this would make a difference. Mr. Michelson said it would help. Mr. Cataldo asked why he was in favor of taking 100 spaces out of the Center. Mr. Michelson said the shopping center will open in Burlington in 1968 and additional parking spaces here would help the Center. The Chairman said the Board would take it under advisement, but it could not promise anything. Mr. Mabee said he thought the right time for this to come up is the Annual Town Meeting. The group retired at 10:35 P.M. Memo was received from Mr. Perry, Comptroller, ad- vising that the Appropriation Committee has discussed the Board's request for a transfer of $4.45.33 from the Reserve Fund to the Police Expenses budget. The com- Transfer mittee understands the unforeseen expenditure was not in the budget estimate, but it is hopeful that through careful management of funds, a saving of the amount requested may be possible. However, if conditions warrant, and this transfer becomes necessary, the re- quest will be reconsidered at that time. The Chairman said the Board would reiterate its request for a transfer. 12 License I.D. Card April 19 holiday Upon motion duly made and seconded, it was voted to grant a Common Victualler license to Brigham's, Inc., 1777 Massachusetts Avenue. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a Liquor Purchase Identification card for Paul G. Cunningham, 133 Bedford Street, Lexington. Letter was received from the Lexington Chamber of Commerce asking the Board to take whatever action is necessary to clarify the status of the Sunday closing law as it applies to the 19th of April holiday. Mr. Legro said the Chief of Police is more familiar with the Sunday law. Mr. Gray said he understood the Sunday law does not apply to April 19 and the Chairman asked Mr. Gray to check this out. The Chairman read a letter from the Board of Health requesting permission to hire a girl for the first week Clerical in May to assist in the clerical work involved with three help different clinics scheduled for May. Upon motion duly made and seconded, it was voted to grant the request, and the Chairman asked Mr. Gray to take care of this. Upon motion duly made and seconded, it was voted .,aconia St. to sign an Order for the layout of as a town way the way known as Laconia Street from Lowell Street a dis- tance of 1150 feet, more or less, southerly and easterly. Upon motion duly made and seconded, it was voted 'Minutes to approve the minutes of the Selectmen's Meeting held April 17, 1967. The Chairman read a letter from Mr. Donald K. Irwin, Building Inspector, in regard to his investigation of a complaint relative to the use of property at 556 Cambridge - Complaint Concord Highway. Three pictures taken of the premises were attached. The Chairman asked Mr. Gray to talk to Mr. Irwin to see if he could get the owner of the property to clean it up, and said he would write to Mr. DiNitto, 9 Shade Street, who made the complaint. The Chairman read a letter from David T. W. Minot, 22 Eliot Road, and Stephen B. Mabee, 25 Highland Avenue, asking permission for the use of a public parking facility 13 preferably the lot at the Diamond Junior High School to be used for "Go -Karts". Use of The Chairman said inasmuch as the school property school is not under the jurisdiction of the Board, pemmission parking lot by the Board could not be granted. Mr. Gray said he received a requett from the Knights of Columbus for permission -to conduct a carnival on the Carnival organizationts property, Bedford Street, on May 15, 1967. Mr. Legro advised this would have to go before the Board of Appeals. He said he did not think it was under the jurisdiction of the Board of Selectmen unless there is some license for a carnival. He said his offhand opinion is a carnival is not a permitted use for the land. Mr. Carroll said for the record, he was submitting his resignation tonight as Superintendent of Public Resig- Works and Town Engineer. nation The Chairman said the Board accepted it with very deep regret. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- Executive cussing, deliberating or voting on matters, which, if Session made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion with Town Counsel and Mr. Carroll in regard to land taligs, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to sign Orders for the construction of Lake Street, from Massachusetts Avenue to Columbus Street; Philip Road from FoBen Hill Estates to Minute Man Highlands. Street Orders Upon motion duly made and seconded, it was voted to sign an Order for the alteration and relocation of Blossomcrest Road from Allen Street a distance of n3 feet, more or less, westerly. Messrs. Greeley, Worrell, Lund, Mrs. Riffin and Mr. Zaleski, met with the Board. Mr. Greeley said they have a great many articles for the June 12, 1967 Special Town Meeting. One is the requirement for parking in the C-2 zone except in the immediate Center. He said the Planning Board proposes to amend to Articles 14 allow funeral homes in the R-1 zone. It also proposes to come in with an amendment to put C -S zone in the back part of the Maney - K of C property; the first 200 feet remaining in C-1. The Board is going to try and define junk yards better. Mr. Greeley said the Board wants to come in again for the Emerson Road-Lidberg property. It is coming in for both the layout and construction. He asked that the Board give notice of intention to lay out Emerson Road. Upon motion duly made and seconded, it was voted to give notice of intention to the property owners involved to lay out and construct Emerson Road as recommended by the Planning Board. Mr. Greeley said the Board would submit its articles to Mr. Legro this week. Upon motion duly made and seconded, it was voted to adjourn at 11:14.5 P.M. A true record, Attest: ExeectiY iveClerk Seledtmen 1 15 SELECTMEN'S MTING May 1, 1967 A regular meeting of the Board of Selectmen was held in the SelectmenJs Room, Town Office Building, on Monday, May 1, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney 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. Leon Burke, Director of Guides, introduced Deborah Arch, 31 Coolidge Avenue, and Andrea Dudley, Guides 5 Frost Road, applicants for Guide licenses. He stated both applicants were qualified and their parents were present. Upon motion duly made and seconded, it was voted to grant a Guide License to Deborah Arch and to Andrea Dudley. Hearing was declared open upon petition of the Humble Oil & Refining Company for license to store 16,000 gallons of gasoline in underground tanks at its Gasoline station located at the corner of Woburn Street and storage Fletcher Avenue. The present license is for the storage of 8,000 gallons. A notice of the hearing was inserted in the April 20, 1967 issue of the Lexington Minute -man and sent, certified mail, to the abutters as listed on the records of the Board of Assessors. Mr. Weldon E. Dingwell, representing the petitioner, explained the company proposes to take the 8,000 - one four and two two's, remove the two two's and replace with two 6,000•gallon tanks. He stated the business has reached the point where they are making eight to ten deliveries a month and by increasing the storage capacity will be able to cut it down to four or five times a month. No one was present in favor or in opposition, and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permission to the Humble Oil & Refining Company to increase the storage capacity of underground tanks from 8,000 gallons to 16,000 gallons on premises located at Woburn Street and Fletcher Avenue and to issue a license for the storage of 16,000 gallons of gasoline in underground tanks. Mr. Legro referred to the sewer betterments assessed on property owned by West and located on Oak Street. He stated he had recommended, and the Board twice voted, 16 that the balance of $2,000 be paid to the Town. He said he previously reported the letter of December, 14574., that Mr. Stevens has written. He said since the seller and his attorney still insist the betterment should not be paid at this time, he talked with Mr. Stevens to get the background for his letter. Mr. Legro pointed out the fact there had been a change of one word in the agreement and he felt Mr. West did get something for the agreement to obtain a release. Mr. Zaleski, Planning Director, said the remaining land can be divided into five lots. Mr. Legro said this is at the point now where the Board makes a determination whether the payment of this betterment is to be deferred until there is a sale of frontage lots or if it is to be paid at the present time. Mr. Cataldo said the Board left this at the last vote it was not a hardship and the Board wanted the money now. He asked if there was any evidence of hardship now, Mr. Legro replied there is some financial problem. He said the question is more on the question of what the agreement provided for and if it is necessary to collect it at the present time. He said there was one word in the agreement bordering on Oak Street that was stricken in the agreement. In order to have that word stay out of the agreement, Mr. Stevens said Le would arrange for a release if any of the back land is sold. A change in the circumstances is a sale to strangers was contemplated at that time and this is a matter involving the Town. He said previously he spoke of the interest of 1% being due and the Tax Collector has been billing it every year and it has been paid. He said the balance of the principal on the sewer betterment is $1,002.00. Mr. Cataldo said, in view of the fact the agreement specific, he would move that it be collected now. Upon motion duly made and seconded, it was unani- mously voted to collect the total balance of $1,002.00 outstanding sewer betterment assessment levied against property owned by West and located on Oak Street. Mr. Legro said there was a matter of a fence being constructed on the property. It will not be done beeore the conveyance of the property and he had a sample agree - West ment that provides that the Town will erect a fence. If fence approved, this is to be signed by the Board of Selectmen, with concurrence of the Conservation Commission, which he would obtain. Upon motion duly made and seconded, it was voted to sign the agreement, relative to the erection of a fence, as prepared and submitted by Mr. Legro. 1 17 At 7:15 P. M., hearing was declared open upon peti- tion of the New England Telephone and Telegraph Company in regard to proposed location of conduit and manholes in Massachusetts Avenue, Bedford Street, Harrington Road, Hancock Street and Adams Street. Mr. Robert J. Dunn, representing the petitioner, was present at the hearing, and explained this was started because of the fact the Town plans to do some work through the Center and the company wants to get in first. He ex- Conduit & plained part of the work is for exchange relief of the manhole people in the area and part is for trunk facilities between location Lexington and Burlington. This year the company plans to go only to from opposite Waltham Street up to Meriam Street. The rest of the work will not be done until next spring. He said they plan to have a manhole on the sidewalk which will facilitate getting more duct space and the Center manhole will not be open so often. There will be a manhole at the island at Hancock and Bedford Streets. This will eliminate a manhole in front of the Minute Man. Mr. Carroll approved the proposed conduit and manhole locations. The Chairman read the entire petition dated March 15, 1967. Mr. Frederick Hartstone, lila. Hancock Street, asked when the installation is made underground, the service will go into the houses. Mr. Dunn replied they will use the existing poles to take care of the residential area. The lines from the poles to the houses will stay. Mr. Herbert Eisenberg, 55 Hancock Street, said the existing electrical in this area is underground and the Chairman said that was correct. Mr. Richard Wright, 37 Hancock Street, asked why the street must be dug up to put in one line. Mr. Dunn stated this run will be in the sidewalk all the way and any place where the driveway is erupted, it will be backfilled the same day or there will be steel plates. Mr. Wright asked if the sidewalks would be repaired, and Mr. Dunn replied positively. He said the Super- intendent of Public Works sees to it that a good job is done. Mrs. Wright asked how much it would cost, and Mr. Dunn replied there will be no cost. Mr. Eisenberg asked if the Selectmen had any feeling about the erection of the telephone poles on Hancock Street. The Chairman stated the telephone company has never objected to having things underground. The electric company does have various reasons, safety and cost to themselves and 18 DiPietro drainage the home owners. He explained the existence of a bill in the legislature now for a study of the advisability of doing this type of thing. Mr. Leslie York asked if all the people on Hancock Street were notified and the Chairman replied all abutters on the left-hand side who may be affected. No one else wishing to speak in favor or in opposition the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign an Order for the following conduit and manhole installations: Massachusetts Avenue: Northeasterly, from Waltham Street, approximately 90 feet of underground conduit; also, one (1) manhole 54/123. Massachusetts Avenue: Westerly, from M. H. 54/123 approximately 25 feet of underground conduit to existing manhole 54/2. Massachusetts Avenue: From M.H. 54/123, westerly and northwesterly, approximately 980 feet of underground conduit to Bedford Street. Bedford Street: Westerly, from Massachusetts Avenue, approximately 465 feet of underground conduit; also, one (1) manhole 54/121. Harrington Road: Northerly, from M.H. 54/124, ap- proximately 49 feet of underground conduit. Hancock Street: Northerly and northwesterly, from Harrington Road, approximately 2363 feet of underground conduit; also, three (3) manholes 54/176, 54/177, 54/178. Adams Street: Easterly, from Hancock Street, approximately 375 feet of underground conduit; also, one (1) manhole S4/179. Mr. Anthony DiPietro, 14 Green Lane, met with the Board and stated water is flooding his back yard and there is no way for it to go. The back yard is useless to him. He asked if the Town could continue the pipe up to the corner of his lot. Mr. Carroll reported he had discussed this with Mr. DiPietro and the people in the area. He explained a drain had been extended from Route 2 northerly along the property lines. The drain was terminated at the corner of Boghosian's and Mazza's property. He said it was proposed to extend it 100 feet further to the DiPietro property. He said he had thought, with the little brook it would take care of the water behind Mr. DiPietro's house but it has not worked out. He said he would have 19. to extend the drain twenty feet. He said he talked to the Mazzas about having them grant a drainage easement but they would rather have the Town take it. He said he would discuss the matter of damages in Executive Session. He said there is twelve feet of peat and he recommended that the corrugated pipe be extended and floated on the peat. He said he knew this would work, However, if heavy equipment ever went in, the pipe could bb pushed down. He said it would cost far more to ex- eavate the peat and he could successfully float the pipe on the peat which would cost from $500 to $1,000. He recommended the extension and stated this is as far as it would have to go. Mr. DiPietro said he was interested only in dropping the water table. Mrs. Mazza said she was anxious to help Mr. Dipietro. She understood there was a certain advantage to having the Town take it by eminent domain. She said they had planted trees back there and these would be taken out. The Chairman asked if she would expect damages if the Town took it by eminent domain and Mrs. Mazza replied in the affirmative. Mrs. Tryon, 100 Pleasant Street, asked what the problems are in relation to drainage since this property slopes back. She asked if there wasn't excessive drainage from Green Lane into this area and if this line would solve that problem. She asked first, is there a problem in regard to the drainage down from Green Lane and, second, will this pipe answer the problem. Mr. Carroll said there is a great deal of water coming from Green Lane through the properties. He presumed it is coming to the surface at the low point in back of the lots. Mr. Carroll said the extension would help the problem of Mr. DiPietro's property and would not have any effect on the water table in the area. The Chairman stated a Mrs. Rowley would like a proclamation issued declaring May 14 Children's Hospital Procla- Medical Center Week. mation The Board had no objection. Mr. Gray said last week the Board held a hearing regarding Lexington -Hartwell Trust. The Department of Natural Resources told him it is not the department's policy to attend any local hearings. The department waits for the recommendations of the local board. That department has not made any decision as it is waiting to Lexington - hear from the Board of Selectmen. Hartwell Mr. Cataldo reported that last Tuesday morning, Mr. Trust Flye was looking for an answer. He told him what the hearing Board discussed and he said he would see no problem in granting an easement. Mr. Legro said the Board has thirty days from re- ceipt of the notice. Upon motion duly made and seconded, it was unani- mously voted that the Board has no objection to the fill- ing. It was further unanimously voted to request the 20 Mass. Ave. Chapter 90 Article Article Trustees of Hartwell -Lexington Trust to grant to the Town a drainage and flowage easement over the rear portion of their land. Mr. Carroll referred to the construction of Massa- chusetts Avenue and said he talked to N. Mistretta, and as far as the tree on Massachusetts Avenue is con- cerned, he will not change his recommendation. If the ^ss..Av'. job is done under Chapter 90, the tree will have to come Cro;)te' down. He said the article under which the money was appropriated permits the work to be done under Chapter 90. He said the alternative is to insert an article in the warrant for the June 12 Town Meeting, in order to save the tree and do this work with outside forces, that is, go out on contract. He said the present contractor may bid it. He reported Whitman & Howard's estimate of the cost is $12,000, and he recommended an appropriation of $11,000' to take care of engineering contingencies. Mr. Cataldo asked if funds had to be appropriated or if a transfer could be made from money appropriated. Mr. Legro advised most of the money came out of Chapter 679 and he doubted if it could be transferred. The Chairman said the main question is, does the Board want to put an article in the warrant to do this particular section. Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for the June 12, 1967 Town Meeting requesting an appropriation to accomplish the construction of approximately 500 feet of Massachusetts Avenue north of Pelham Road. Mr. Carroll referred to the Bedford -Lexington sewer agreement and recommended that an Article be inserted in the Warrant for the June 12, 1967 Town Meeting. He said in 1965, under Article 16 of the Warrant for the Annual Town Meeting, the Selectmen were authorized to install a sewer main or mains in such locations as they may determine from the existing North Lexington Pumping Station to the existing sewer main located in Hamilton Road, and $166,000 was appropriated at that time. He said the appropriation was based on a twenty -inch force main to serve Bedford and Lexington. Since then, a tentative agreement has been reached where Bedford will construct a force main down Bedford Street to near Ledgelawn Avenue. The main will be larger than twenty inches so the $166,000 is not enough to construct the total project. Furthermore, the Air Force has been brought into this and it might want to come into the Lexington sewer system rather than go up to Hamilton Road. This would mean the force main, instead of being 21 twenty or twenty-four inches, might be larger. He said the Board should insert an Arttcle in the Warrant now and he would have some figures before Town Meeting. He stated this would be an article to provide a supplementary appropri- ation and would be tied back to the Article in 1965. Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for the June 12, 1967 Town Meeting as outlined by Mr. Carroll. The Chairman said the Planning Board has all its articles and the beat way would be to vote blanket per- mission. Upon motion duly made and seconded, it was voted Articles to insert thirteen articles, submitted today by the Planning Board, in the Warrant for the June 12, 1967 Special Town Meeting. The Chairman read a letter from the Cemetery Com- missioners requesting the appropriation of $1,0$6.00 Article to supplement the current Personal Services Budget. Mr. Sherman, Cemetery Commissioner, said this was to provide the Commissioners with a full-time clerk. They now pay the Clerk overtime between the hours of 1:30 and 1.:30 P. M. every day in order to give them- selves a full-time clerk. He said the Board has to allow this to go in the Warrant anyway because of a vote of the Town Meeting in 1949 which designated the Cemetery Com- missioners as the persons who would regulate the time, wages and hours of Cemetery employees. He said, if neces- sary, it is up to the Commissioners to argue this on the floor. The Chairman said it has been his understanding that the Board of Saaectmen does have jurisdiction over what goes in the Warrant. Mr. Sherman said he asked specifically to have this article in the Warrant. The Chairman said it is the Selectmen's jurisdiction on what articles go in the Warrant. Mr. Sherman asked what the objection would be. The Chairman said this is personal services which normally go in Article 4. Upon motion duly made and seconded, it was voted to insert the Article as requested by the Cemetery Com- missioners. The Chairman read an article signed by 109 regis- tered voters, requesting the construction of a didewalk Article on Concord Avenue, and said this automatically goes in the Warrant. 122 Article The Chairman read an article signed by 137 regis- tered voters, requesting the insertion of an article in the warrant to amend the Zoning By -Law Section 4 (h) C-3 Special Commercial Districts, and said this would auto- matically go into the Warrant. The Chairman said a citizens' petition had been re- ceived for the construction of Laconia Street which had sufficient signatures. The Chairman said a citizens' article with 107'signa- tures had been received for an amendment to the Zoning - By -Law; Section 4 (b), Two-family dwelling district. Upon motion duly made and seconded, it was voted to insert an Article, submitted by the Planning Board, for the layout of as a town way Emerson Road from Adams Street northwesterly to a junction with the exist- ing Emerson Road in the Adams Estates. The Chairman said a citizens' petition with 133 signa- tures had been received for an amendment to the Zoning By -Law to change certain land from R-1 One Family Dwelling District to a CN -Neighborhood Business District. Upon motion duly made and seconded, it was voted to insert the Article in the Warrant for the June 12, 1967 Town Meeting. Upon motion duly made and seconded, it was voted to insert an Article in the Warrant, requested by 212 citizens, for an amendment to the Zoning By -Law to add a district to Section 4 (j) C 4 - Small Office districts. The Chairman said he had notes from an individual citizen asking for Articles in the Warrant but these have only one signature. The Board was not inclined to vote on the article pertaining to open or closed burning and voted not to insert the Article pertaining to making legal opinions open to the public. Upon to insert ation for Upon insert an ation for motion duly made and seconded, it was voted an article in the Warrant relative to an appropri- the replacement of sills in the Buckman Tavern. motion duly made and seconded, it was voted to Article in the Warrant requesting an appropri- Civil Defense. 1 1 23 Upon motion duly made and seconded, it was voted to insert an Article in the Warrant requesting an appropri- ation of $3,000 for the Regional Refuse Disposal Planning Committee. Mr. Gray stated that Mr. Perry, Comptroller, wants an Article accepting a Chapter which permits the Town to establish data processing. Upon motion duly made and seconded, it was voted to insert an article for the acceptance of the statute. Mr. Gray said the Board received a letter last week from Mr. McQuillan, Chairman of the Board of Health, re- garding an Article with reference to air pollution. He talked with Mr. McQuillan this week and he feels that the Board should appoint a committee to study this problem between now and the next Annual Town Meeting. Upon motion duly made and seconded, it was voted to appoint a committee, consisting of probably one member Air Pollu- of the Board of Selectmen, one member of the Board of tion Comm. Health, Fire Department and Police Department, and three citizens. The Chairman asked the members of the Board to give some thought as to possible members to serve on the committee. Mr. Gray said he received an Article to be inserted in the Warrant for the June 12, 1967 Town Meeting sub- mitted by the Conservation Commission at the suggestion of the Chairman of the Appropriation Committee. It is for the appropriation of funds for regular expenses of the Committee. Upon motion duly made and seconded, it was voted to insert the Article. Mr. Cataldo said the Board of Selectmen had voted to engage Perry, Dean, Hepburn and Stewart as the archi- tects for the Town Office Complex. The committee has held up from going any further on the project because there is a serious question that should be resolved. Who is going to do the job in the final analysis. The com- mittee feels very strongly whoever starts the project should see it through. The last Town Meeting established a building committee. The committee now working on this feels it is in the best interest of the Town and the pro- ject, that whoever starts the project should finish it, and the committee wants some direction from the Board. Should the present committee continue, or be instructed by the Board to stop. He said the present committee does not want to bring up a concept and go to Town Meeting for money for plans and specifications and then have it go Town Office complex committee to another committee. He said the committee is not being critical but is asking the Board to make a decision. He stated if the Board wants the Standing Building Committee to handle this, it should be referred to that committee now. The Chairman said his personal feelings were that the committee handling this now should continue and see it through. Mr. Cataldo said the committee is looking for some- thing stronger than a formal vote of the Board. It wants to sit down and have a meeting of the minds with someone and support that position in Town Meeting. Mr. Mabee said the present committee has $2,000 and therefore has official standing to do the work by vote of Town Meeting. He said it should be resolved one way or another. Mr. Chapin said the intent of the Town Meeting vote indicates any building to be taken should be under the new Standing Building Committee. He said there has been a certain amount of work done up to the point of selecting an architect to help on a consultant basis, and he would be reluctant to take this type of project from here on knowing the Town Meeting does not want any Town Meeting Members on the building committee. Their intent was on projects henceforth should be under this new committee. He said he thought the By -Law is ridicu- lous because the way they operated before, the Town was getting the best job possible. Mr. Cataldo said the Board had, more or less of an agreement with the Town Structure Committee, but when this came up at Town Meeting, it did not read the same as the Board's agreement. He said this is what is raising the question. He said that committee itself may get up and move. The Chairman said if it does, he thought it would be a grave mistake. Mr. Chapin asked if it was the intent that this type of project should come under that committee. Mr. Kenney said the question is whether or not this is a new project. This is an existing project. The Chairman said this was discussed at the time, and it applied only to non -existing projects and this is an existing project. He said he thought much would be lost if this were referred to another committee. Mr. Cataldo said more would be lost if a transfer was made in March. He saidif a transfer is going to be made, itshould be made now. Mr. Blaisdell said the Selectmen are the building 25 - committee on this project and the Selectmen appointed a submommnittee to investigate and report back. He said his committee feels it is in the Town's interest to have it clarified before any commitment is made. Mr. Alan Adams said the committee was left open for the Town Meeting. It was recognized there would be cer- tain buildings that would need specialized attention so it was left open. The Chairman asked the committee what it wanted the Board to say. Mr. Cataldo replied if this Board will vote that it wants this committee to continue - -. Mr. Adams said the By -Law has been passed. It is up to Town Meeting. As far as he was concerned, he did not think it is its function. Mr. Cataldo asked if Mr. Adams' committee would get up at Town Meeting and say to have this committee continue. Mr. Adams replied that he could not speak for the com- mittee, but he thought anything that was now started would continue. This comes down to whether it is started or isn't it. He said he could see no logic other than continuing. Mr. Chapin asked if this present committee comes in next year for final plans and specifications, money, and in its judgment, wants to build a new Town Office Building, will Town Meeting say under the Article passed in 1967 the permanent building committee should take over this project. The Chairman said it would have to be argued on its merit. Mr. Chapin asked if Town Meeting would give it to the permanent building committee to go over the same ground this committee has gone over. If so, it is ridiculous that this committee spend any more time on it. Mr. Blaisdell said the Board of Selectmen should request the Town Meeting to designate the authority to continue with the Town Office Building plans. The Board should get permission from the Town Meeting and/or the Structure of Town Government Committee. Mr. Cataldo said this committee has been authorized to do a job and now it wants a strong answer from the Board of Selectmen saying when it comes time, the Board will support this committee. Mr. Mabee suggested informally polling Alan's committee. Mr. Adams said he did not think that was necessary. He said the committee plaaning the Town Office Building is the Board of Selectmen's committee and asked why it didn't continue. He said he thought the committee is borrowing trouble. 6 Mr. Blaisdell said this committee wants to be certain it is not doing anything contrary to the By -Laws or the rules of the Town. Mr. Cataldo said he had no qualms about going forward. Mr. Blaisdell said he had no qualms so long as every- one knows about it. The Chairman said it is the intention of the Board to go forward with this committee to the final completion. Mr. Legro said if this committee brings in plans acceptable to Town Meeting and has done a good job, the Town Meeting will be very foolish to change committees. He said he could not see any problem. Letter was received from Miss Solglad Burtch, 6821. Lowell Street, registering complaint in regard to traffic hazards and recommending that a warning sign be installed at Lowell Street at the Burlington line and that the fence be repaired. Lowell St. Mr. Carroll said the sign should have been put traffic up and explained the guard rail was hit by a speeding car. This will be repaired. He suggested that the Board advise Miss Burtch this is being taken care of. Letter was received from Irvin G. Stiglit, 23 Turning Mill Road, with further reference to the in - Sidewalk stallation of a sidewalk on Turning Mill Road between Demar and Robinson Roads. The Chairman said he would dictate a reply. Letter, signed by seven residents of Marrett Road, was received complaining about a brook being completely blocked at 458 Marrett Road. Mr. Carroll said he had a report of this in 1965 and at that time wrote to Mr. Fred Chamberlain, 458 Marrett Road, a copy of the letter was sent to Mr. Legro. Mr. Carroll reported he checked this the other day and Brook the brook has been blocked up completely. The Town is not dumping any water in there. He explained this is definitely a water course and the people have definitely blocked the brook physically, actually filling it in and it has become a stagnant pool. The Chairman suggested that Mr. Chamberlain be con- tacted again with a copy to Mr. Legro and a follow-up to see that action is taken. If not, Mr. Legro to take action. Mr. Legro said the fine is heavy on this. Mr. Kenney suggested a time limit within which the condition is to be corrected. Petition requesting the erection of a fence around the Rindge Avenue playground and the installation of a basket- ball court was referred to the Recreation Committee with the suggestion that the committee contact Mr. Carroll in an effort to arrive at some satisfactory solution. Upon motion duly made and seconded, it was voted to sign notices of intent, to be served by Constable, Emerson to lay out Emerson Road from Adams Street a distance of Road 410 feet, more or less, westerly. Letter was received from the Planning Board in regard to completion of Augustus Road. Mr. Carroll reported that the road has been paved, Augustus and Mr. Legro advised that, according to the bonding Road company, it will take two or three weeks to complete the required items. Letter was received from Mr. Donald E. Nickerson, in regard to his re -appointment to the Board of Appeals, stating he would like to reserve the right to be allowed to resign before the end of his five-year term. If allowed to accept on that basis, he would continue. The Chairman reported he has already assured Mr. Nickerson this would be acceptable to the Board. Upon motion duly made and seconded, it was voted, pursuant to the provisions of the Liquor Control Act, insofar as it relates to the sale and delivery of alco- Package holic beverages on Memorial Day, May 30, 1967, that Goods "Package Goods" stores shall not sell or deliver alco- May 30 holic beverages at any time during the day, but may remain open until 11:30 P. M. Monday, the night before. Upon motion duly made and seconded, it was voted, pursuant to the provisions of the Liquor Control Act, insofar as it relates to the sale and delivery of Sale of alcoholic beverages on Memorial Day, May 30, 1967, that liquor Hotels and Restaurants shall not re -open for the sale May 30 of alcoholic beverages before 1:00 P. M. Appointment Application was received from The Dunfey Corpora- tion, d/b/a/ Sheraton Lexington Motor Inn, 727 Marrett Road, Lexington, for a license to "conduct restaurant and dining room facilities in conjunction with motel operated by applicant". Application was received from The Dunfey Corpora- Licenses tion d/b/a Sheraton Lexington Motor Inn for an "Inn Holder's - all alcoholic beverages" license. Mr. Cataldo asked if Mark Management released its Common Victualler license and asked if any correspond- ence had been received to the effect it was going to release it. The Chairman said he had no release and his opinion was that if the Board approves a Common Victualler license License Visitors Center Carnival that would, supercede any Common Victualler license prev- iously issued at the same address. Mr. Legro pointed out then there would be two licenses for the same address. The Chairman asked Mr. Gray to request that the Common Victualler license be returned to this office with a request for cancellation. The Chairman:. asked if the Board could approve this subject to the receipt of the license being cancelled. Mr. Cataldo asked on what basis the.. Board would cancel it. The Chairman saidif it is returned for cancellation, this Board will in effect cancel it and issue this one. Mr. Legro asked if this application for the Inn Holder's license was from the same entity requesting the license. He explained an Inn Holder's license covers both and the Board does not need to issue a Common Victualler license. The Chairman instructed Mr. Gray to contact these people and get the matter straightened out, and it was agreed to hold a hearing if everything is straightened out. Upon motion duly made and seconded, it was voted to grant a Yearly Bowling ]License and a Sunday Bowling License license to Louis A. Guadagnino, 1698 Massachusetts Avenue. Mr. Carroll stated Mr. York had talked to him about the furnishings at the Information Center. Mr. York said the committee had $850 left in the appropriation. There are no chairs or tables on the second floor and Mr. Carroll thought it would be better to obtain the Board's opinion. Motion was made and seconded, it was voted that the Visitors Center Committee be instructed to furnish the second floor rooms to the extent of $8S0 remaining Visitors balance and to do this as quickly as possible. Center Mr. Cataldo said the Board discussed using this money to fix the diorama and the Chairs were to be sent over to the High School to be repaired. Mr. Nickerson will recommend to the Board a well qualified person to make recommendations to the Board. Mr. Cataldo said perhaps both items could be done for the $850. It was agreed that Mr. Carroll would call Mr. Nickerson in regard to the diorama and to work with the committee on the entire subject. Mr. Gray referred to request received from the Knights of Columbus for a carnival, which was referred to the Board of Appeals. Mr. Nickerson, Chairman of that Board, felt this should be in the province of the Carnival Selectmen. It was his understanding this is to be a one-time operation but if it were to be an annual event, it should go before the Board of Appeals. Mr. George Sainato, a member of the Board of Directors, met with the Board, and said this would be a one-time operation. He said if there were sufficient proceeds, they might possibly request it again. He said he would like a Yes or No answer. He said there would be a ferris wheel, merry-go-round, booths, but no gambling. He said it would be on a similar scale to the American Legion Field Day. The date is open but they thought of May 15; then decided it would be better between June and September during school vacation. The. Chairman stated normally the Board would like a specific,datetand said the Board would probably look with favor on a carnival on the Knights of Columbus' own property given a specific date. Mr. Kenney asked about parking. Mr. Sainato said they could not provide parking. Maney would permit the use of the front of that building and the parking would be mainly on Bedford Street. He said he went to the police and was referred to the Selectmen. The Chairman said the Board would expect to get a request with a date and Mr. Gray would check with the police. The Chairman asked how many days the carnival would be run, and Mr. Sainato replied one week. The Chairman suggested that when the request is sent in, Mr. Sainato keep in touch with Mr. Gray. Mr. Sainato retired at 9:35 P. M. Mr. Cataldo said he recognized the number of articles to be inserted in the Warrant for the June 12, 1967 Town Meeting are going to be as great as the Annual Town Meeting but thought an article should be inserted for the Traffic Study of the Bedford Street, Hartwell Avenue and Wood Street areas. He said he would like to have the article in the Warrant, call a local consultant and get his idea of the cost and try and get the money for the study. He said he thought the study should be done by the Town, and then go to the D.F.W. He mentioned it was previously defeated because of the cost, and said an attempt should be made. Upon motion duly made and seconded, it was voted to insert an article in the warrant for a Traffic Study of the Bedford Street, Hartwell Avenue and Wood Street areas. 29 Article 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 regard to Housing Authority article, Great Meadows, Legal matters with Mr. Legro, and Conservation Commission appraisals, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:45 P. M. A true record, Attest: C., yof l 1 31 SELECTMEN'S MEETING May 8, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 8, 1967 at 7:30 P. M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were pres- ent. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Execu- tive Clerk, were also present. At the request of the Town Clerk, the following individuals were drawn for jury duty: Edwin L. Field, Jurors 1 Patriots Drive, Ralph H. Dudley, 4; Jean Road and Robert J. Burrell, 3 Childs Road. Mr. Gray reported on invitations to bid on a water billing machine and stated that only one bid had been received. Bid on Upon motion duly made and seconded, it was voted billing to accept the net bid of $3,873.20 submitted by the machine Burroughs Corporation on Burroughs Equipment programmed to handle all jobs as listed in the Town's specifica- tions for one water billing machine. Mr. Gray reported receipt of a letter from the Willard -Adams Trust requesting permission to make a connection to storm drain. Mr. Carroll' stated the downspout now puts water down to Depot Place and the connection to correct the Downspout situation would be done by the Town but at the expense connection of the builder and he recommended that the connection be made. Upon motion duly made and seconded, it was voted to authorize the connection of the downspout with a catchbasin seventy-five feet away from Depot Square. Mr. Alan G. Adams said the Town owns the old fire station lot and it is becoming a parking lot. He asked if the Town could paint lines in there. The Chairman said Mr. Adams was making a formal request that the Superintendent of Public Works look at it. Mr. Carroll'', explained that no lines have been painted there because it is a forty -foot by 100 foot lot and there is' no way this lot can be used by itself for parking. He advised it would have to be combined Parking 32 with adjacent properties to make it effective and effi- cient. He explained in painting lines a situation would be created where the aisle for travel is on some- one else's property. He said this lot cannot be util- ized for parking and marked out; that he has gone all through this before. Mr. Adams said some of the tenants use it for twenty-four hours. Some of his tenants, tenants from the Central Block and from MacNeil's building are park- ing there and wasting space. Mr. Carroll stated there is no point in putting: lines in there because it will cause a lot of trouble. Mr. Gray stated Mr. Sainato of the Knights of Columbus, told him the organization would like to hold the carnival from May 17, 1967 through May 19, 1967. Mr. Carnival Gray discussed this with the Chief of Police who is not in favor of a permit being granted because of the traffic and the lack of adequate parking facilities. He mentioned parking is restricted on Bedford Street from 8:00 A. M. until 8:00 P. M. Mr. Kenney said he felt, because of the parking, the Board should deny the request. Upon motion duly made and seconded, it was voted to deny the request, submitted by the Knights of Columbus, to hold a carnival. Mr. Gray stated he had a report from the Director of Civil Defense on the coat of the Civil Defense Warning System. He gave each member of the Board a copy C.D. and said if the Board desire's to forward the information t".D. Warning to the Appropriation Committee sufficient copies are ra System available. Cost The Chairman asked if anyone on the Board had any objection to processing this information to the Appro- priation Committee and if not, he would send copies to that committee, Letter was received from Mr. Legro in regard to the Sewer Westwood Road - Suzanne Road sewer easements. Easements Upon motion duly made and seconded, it was voted to sign the order of taking of the sewer easements in West- wood Road and Suzanne Road as prepared and submitted by Mr. Legro. M. Carroll referred to the chairs that were former- ly used in the Selectmen's Room and reported that the School Refinish- Department already has a definite curriculum in the wood- ing working classes and this does not include refinishing. chairs coo rx r 1 33 The Chairman said the School Committee itself had not been approached. Mr. Carroll said it had not, but this type of work is not done now. The Chairman said he thought the Board could_: talk direct to the School Committee on this. Mr. Cataldo suggested that, rather than upsetting any operation, figures be obtained from someone in the business of refinishing. Mr. Carroll reported last Wednesday he and Mr. Gray attended a meeting at the MDC building in Boston in regard to the Bedford -Lexington -Air Force. He said the entire problem was discussed and the MDC representatives said Bedford #1 Bedford must agree to being charged in excess of con- sewer trol as though it was a legal member of the MDC. He said Bedford was willing to accept that. The Commission also felt the Air Force should be treated the same as the Town of Bedford, as though it was a member of the District. Mr. Carroll said they got into the question of which agreement should come first. It was agreed by everyone there that Lexington and Bedford should reach their agree- ment; Lexington and the Air Force should reach an agree- ment and then Bedford make a separate agreement with MDC and the Air Force make an agreement with MDC. Mr. Carroll recommended that, as soon as possible, this week, a meet- iag be held with Bedford, Lexington and the Air Force and start working out the agreement with the Town of Bedford. The Chairman asked if Mr. Carroll needed anything other than professionals on this. Mr. Carroll said he thought the Board should be represented and the Town Counsel should be present at the meeting. He agreed to arrange the meeting. Letter was received from the Town Clerk in regard to a claim for damages filed by Kenneth C. Bird, 171 Shade Claim Street, Belmont as a result of damages to his car due to the neglect of the. Town in maintaining its roads. Mr. Carroll said he was making a report to Town Counsel. Mr. Gray reported he checked with Brewer & Lord re- garding insuring groups using Cary Hall. He said for an individual group to take out a policy for one day, or for Insurance one affair, the cost would be somewhere in the vicinity of $25 or $30. Mr. Cataldo asked what it would cost the Town to place coverage, and Mr. Gray replied $LAO. 34 Gas main The Chairman read a notice, received from the Department of Public Utilities, in regard to a hear- ing to be held May 18, 1967 relative to rates and charges by the New England Telephone and Telegraph Company. Request from the Mystic Valley Gas Company for permission to locate a steel gas main in Heritage Road was held over at the request of Mr. Carroll. The Chairman read a letter from Edward J. Mul- hall, 20 Ward Street, advising that he has decided to have the sewer at his house so that the whole Ward Street street can be done. sewer Upon motion duly made and seconded, it was voted to construct a sanitary sewer in Ward Street from Ash Street to Garfield Street. With reference to the sewer in Blake Road and Mr. Tucker's visit with the Board, the Chairman said he had been up there and he also talked with the Superintendent of Public Works. It is Mr. Carroll's opinion that the job should be done to its completion. He stated he had tried to contact Mr. Tucker. Mr. Carroll said it is on a good unit price basis and without any question some time there will be some- one wanting to connect with this sewer. Petition was received from the residents of Green Lane requesting acceptance of that street under the Green Lane Betterment Act. A copy of the petition was sent to the Superintendent of Public Works. The Chairman read a letter from the Planning Board in regard to Mr. Bramley's calling attention to water pollution and possible health hazard due to the oontem- Munroe ination of Munroe Brook. Brook Mr. Carroll said he read this letter today, but he must have missed Mr. Bramley's letter. He said he would report to the Board next week. The Chairman read a letter, received by Mr. Perry Article from the Permanent Building Committee, requesting $300 for miscellaneous supplies, expenses and clerk's salary. Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for the June 12, 1967 Special Town Meeting. 35 The Chairman read a letter from Ralph E. Chadwick, Sealer of Weights & Measures, advising that he intends to retire sometime between October 1, 1967 and December Sealer of 1, 1967. He suggested that the Board appoint, as soon Weights & as possible, someone on a provisional basis and request Measures an examination from Civil Service to fill this position. IIII on motion duly made and seconded' it was voted to follow Mr. Chadwick's recommendation and the Chairman asked Mr. Gray to find out from the Division of Civil Service whether or not there is an existing list. Letter from the Board of Health, relative to the appointment of a committee to study air pollution, was held over. The letter suggested that the committee con- sist of a member from the Board of Selectmen, Board of Health, Fire Department, Police Department and three citizens of the Town. Mr. Cataldo suggested that the Board write these departments and ask for recommendations. The Chairman said the Board would still have to come up with three citizens. It was agreed to write the department heads for recommendations and consider the subject further at the next meeting. Upon motion dull madearid seconded, it was voted to renew the roilowing Auctioneer Licenses: John D. Brucchi, 63 Paul Revere Rd. Bertram P. Gustin, 50 Bloomfield Street Robert 0. Rockwell, 3 Graham Road Robert N. Cann, 4.8 Hancock Street Joseph A. Belcastro, 184.1 Mase. Avenue Upon motion duly made and seconded, it was voted to renew the following Intelligence Office licenses: Starrett Associates, Inc., 594. Marrett Road Emanuel Sugarman, Inc., 594. Marrett Road Upon motion duly made and seconded, it was voted to sign sewer orders for installation of sanitary sewers in Grant Street from Colony Road, a distance of 4.83 feet, Sewer more or less, northerly, Suzanne Road from Mill Brook orders Road a distance of 280 feet, more or less, northeasterly. Lake Street from Columbus Street to Massachusetts Avenue and Lowell Street from Peartree Drive to Woburn Street. Air pollu- tion Licenses Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on May 1, 1967. 36 Borrowing Executive Session minutes purged The Chairman read a letter from the Town Clerk advising that it is necessary to borrow $1,000,000.00 in anticipation of taxes. Upon motion duly made and seconded, it was voted to approve the low bid of 2.15% discount + $8 received from the New England Merchants National Bank of Boston. Mr. Cataldo said he would like a motion that the Board make public the item of bringing in fill to Lexington which was discussed two weeks ago. Upon motion duly made and seconded, it was voted to take out of Executive Session and place on public record that portion of the minutes in Executive Session, held on April 17, 1967, pertaining to the fill to be obtained from M. DeMatteo Construction Co. as follows: Mr. Cataldo stated he had been talking to Mr. De- Matteo on the basis of using some of his excess fill to use on the farm on Bow Street. It has been tentatively agreed not to start the project until Aughst. He said, taking this into consideration, he has talked to Mr. Carroll briefly. He said he would not start until August and the Town should consider taking the fill if he starts. If the Town takes it, he does not want anyone to feel that he, as a member of the Board, was taking fill out of the Town. He explained it is fill coming out of the Medford River bottom and can be had free and he has made the original contact with them. He said he wanted it on the record that he started this on a personal basis for his own farm. He said actually he would like to pursue it with Mr. Carroll to get a soil analyst to look at it and see if it is a type of fill the Town would want to use on Lincoln Street. It will be delivered and spread with- out charge. Mr. Carroll said the question is, if the material is that good. Mr. Cataldo said it would do a good job down on the farm, and he would not be working in the best interest of the Town if he did not see if it could be used on Lincoln Street. He said he would like permission to work with Mr. Carroll. Mr. Carroll said it would cost approximately $100 to get a soil engineer. Mr. Cataldo said if the Board votes to do this, then it could be in open meeting. Mr. Carroll informed the Board that the Town of Arling- ton is using this for three-foot fill right now. Mr. Legro said there may be some fact he does not know about, but he could not see anything wrong. co 1 37... Mr. Cataldo stated DeMatteo is willing to push the loam up, dump the material and put the loam back over and he is willing to sign an agreement. Mr. dataldo said he definitely would want an agreement. Mr. Legro said he presumed DeMatteo wants to get Something out of this and he should submit a Certificate of .Insurance. Mr. Cataldo stated DeMatteo wants a place to dump. Mr. Legro asked if he would be willing to give a per- formance bond. Mr. Cataldo said he talked to this effect. Mr. Legro said if DeMatteo is going to move loam, dump this material, the Board should have some assurance that he is going to finish the job. Mr. Carroll said he wanted it done neatly. The Chairman said there is no reason for not pro- ceeding with a motion on this. Mr. Cataldo said at that time the Board agreed thi►t' Mr. Carroll and he would talk to the soil analyst. This has been done and a report has been received. He stated DeMatteo fill as far as Mr. Haley is concerned, the fill is good for what use it is being recommended for. He explained that, going through the locations, he, Mr. Carroll and Mr. Haley agreed to start with the Hartwell Avenue land fill, to cover the area with two or three feet. This would reduce the beautification cost and will be an opportunity to get the dump site cleaned up and also it will be an opportun- ity to see what the fill can be used for in other locations. He said he would like to have DeMatteo start hauling this week. Town Counsel feels, as far as Hartwell Avenue is concerned, the Board could go forward by giving Mr. DeMat- tbo a letter of permission to go in, but DeMatteo would absolve the Town of all liability and file a Certificate of Insurance. Mr. Cataldo explained that DeMatteo would have to obtain a permit from the Board of Health. He has dis- cussed this with Mr. McQuillan who said he could see no problem in granting a permit. Mr. Cataldo moved that the Board of Selectmen grant permission to DeMatteo Construction Company to haul the material to the Hartwell Avenue site and put it in such condition as the Superintendent of Public Works recommends; that the Board write a letter to DeMatteo with those conditions; that DeMatteo obtain a permit from the Board of Health. The motion as presented was seconded and voted unanimously. 38 Zoning Mr. Cataldo stated DeMatteo was going to call to- morrow morning and he would like. to tell him that there will be a letter for the Chairman's signature. He said he would like to be able to tell him this is the Board's action. Mr. Cataldo said he would like. the Board's permis- sion to meet with Dr. Fobert, Robert Bond, Ben Bertini, Mr. McQuillan of the Board of Health and Mr. Zaleski, Planning Director to discuss going into the Lincoln Street area. He said he felt everyone affected should know what the Board has in mind, and .that all these depart- ments should be in on it. He said if it is decided to go ahead with this Mr. Carroll can come up with recommended grades. He said he would like the Board's permission to go forward on the project in this manner. Upon motion duly made and seconded, it was unanimously voted to authorize Mr. Cataldo to proceed as outlined. Barrett, PlgenngliVitng ghesleVanBuren metBwtthithe Board in regard to the interpretation of the Zoning By- Law in so far as it relates to garaging commercial vehicles in a three -car garage located in a residential area. The Chairman :explained that until a building permit has been issued and a violation exists the Board has no control. He also advised that to obtain an interpretation of the Zoning By -Law, the Planning Board would be the Board to see. 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 public, mightadversely affect the public security, the financial interest of the Town, or the reputation of any individual. Following discussion with Mr. Carroll pertaining to public works matters, a discussion with Mr. Gray rela- tive to the acquisition of land, departmental matters, it was voted to resume the open meeting. At 10:05 P. M. Chairman Parrish, Zehner, Bretscher, Kolovson, Blaisdell, Mrs. Souza, Appropriation Committee, and Mr. Perry, Comptroller met with the Board. Mr. Parrish reported that the Committee had Transfers approveda transfer of $1,000 from the Reserve Fund to the Highway Maintenance Account. Mr. Parrish referred to a request from the Board for a transfer from the Reserve Fund tothe Police Expenses Account and stated money has been set aside and is awaiting the immediate needfor it. r. Parrish aid the Committee had a question on the Cemetery Commissioners Personal Services., for which an article has been inserted in the warrant for the Special Town Meeting in June. The Chairman said the Commissioners want the girl to be full-time and asked to have the article inseOted in the warrant. He explained that the Board agreed to insert the article but it by no means means that the Board sanctioned it. He said this is a budget request and should come up at the Annual Town Meeting. The Chairman mentioned the subject of an Advisory Council to the Department of Civil Defense and asked the Appropriation Committee to appoint a member of its committee to serve on the council. Upon motion duly made and Seconded, it was voted to appoint an Advisory Council to the Department of Civil Defense, consisting of a member of the Board of Selectmen, member of the Appropriation Committee, a member of the School Committee and two citizens. Mr. Mabee agreed to serve on the council as a representative from the Board of Selectmen. The Appropriation Committee retired at 10:4.0 P. M. Upon motion duly made and seconded, it was voted to adjourn at 10:4.0 P. M. A true record, Attest: Article Advisory Council to C.D. men 0 1 40 SELECTMEN'S MEETING May 15, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 15, 1967, at 7:30 F.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Gray, Executive Assistant, Mr. Colella, Assistant Superintendent of Public Works, Mr. Higgins, Assistant Town Engineer, and Miss Murray, Executive Clerk, were also present. At 7:30 P.M., hearing has declared open upon the intention of the Board of Selectmen to lay out as a town way, Emerson Road from Adams Street a distance of 410 feet, more or less, westerly. Notices of the hearing were delivered by Constable to persons deemed by the Board to be affected. Messrs. Greeley, Farwell, Worrell, Mrs. Riffin, Planning Board, and Mr. Zaleski, Planning Director, were present at the hearing. Mr. Greeley explained that the Planning Board is very strongly in favor of this stretch of Emerson Road for Emerson reasons that have been outlined on several previous oc- Road casions. He stated the Planning Board went into the March Town Meeting with a proposal to lay out this road but not to construct it at that time because the Board thought it was possible to lay it out without constructing it. Apparently it is not feasible to lay out a road- without going through this improvement. The Planning. Board now intends to re- commend laying out and constructing this 410 foot stretch. He explained the Board has no immediate plans for recommending construction of the road through Willard Woods. Mrs. Harvell asked if it is still a seventy-foottstreetL. 1r. Greeley replied in the affirmative and explained it was because of other components which it in effect con- nect are seventy feet and the Planning Board feels it makes sense to make this seventy feet. He stated it will nOt be paved to the extent originally contemplated. Mrs. Harvell reported she polled everyone on Hath.way Road and all except one are unequivocally opposed to this portion of Emerson Road. They are opposed to the road which cuts them. from Willard Woods. Mr. Bayliss was recorded in opposition and also recorded Mr. Belbin and Mr. Bacigalupo as being in opposition. He questioned the necessity of the road as laid out as an invest- ment and stated it would create a traffic hazard. He said the present arrangement strikes him as not serving the ''original 1 1 1 41 function for which Emerson Road was laid out. He said the function of the road will have to be determined. If it is a road to carry traffic from one section to another, this function should be defined. Mr. Livingston said some of his neighbors in the Grove are concerned with the inconsistencies of the presentation made. Mr. Parks was recorded in opposition. The hearing was declared closed at 7:50 P.M. Upon motion duly mad e and seconded, it was voted to lay out and establish as a public town way, Emerson Road from Adams Street a distance of 410 feet, more or less, westerly as follows: Mr. Kenney was recorded in opposition. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Massachusetts May 15, 1967 Town of Lexington, Selectmen's Room At a meeting of the Board of Selectmen of the Town of Lexington, after having given due written notice of the intention of said Board, as required by law, to lay out as a town way the way known as Emerson Road from Adams Street a distance of 1.10 feet, more or less, westerly, all as hereinafter more fully appears, and after public hearing thereon held on May 15, 1967, Now upon consideration of the matter it is ORDERED: That this Board of Selectmen is of the opinion that public necessity and convenience require that said Emerson Road be laid out and established as a public town way, and that the same is hereby laid out and established as a public town way respectively asfbllows: Emerson Road begins at a point on the northwesterly side line of Adams Street, said point being in a curve of 793.27 feet radius, distant 120.00 feet from the southerly end; thence bearing to the left with a curve of 15.00 feet radius, distant 23.56 feet to a point of tangency, thence N 35° 11' 18" W distant 235.19 feet to a point of curvature, thence bearing to the left with a curve of 165.00 feet radius, distant 116.35 feet to a point of tangency, thence N 140 �4' 40" E, distant 70.00 feet to a point, thence bearing to the right with a curve of 235.00 feet radius, distant 165.70 feet to a point of tangency, thence S 350 11' 18" E, distant 202.53 feet to a point of curva- ture, thence bearing to the left with a curve of 60.00 feet radius, distant 83.21 feet to a point of reverse curvature on 42 the northwesterly side line of Adams Street, thence bearing to the left with a curve of 793.27 feet radius., distant 131.4.64 feet by said side line to the point of beginning, all as shown on a plan entitled, "Plan. of Emerson Road, Lexington Mass. Scale 1' = 1.4.0', April 10, 1967, John J. Carroll, Town Engineer". Said Emerson Road is hereby laid out and established as shown on a plan entitled "Plan of Emerson Road, Lexington, Mass., Scale 1' = 40' April 10, 1967 John J. Carroll, Town Engineer", which plan is on Elle in the Town Clerk's Office in the Town Office Building and a copy of which will be re- corded with Middlesex South District Registry of Deeds with a copy of this order. And said Board having considered the question of damages sustained by the owners of lands across and through which said ways have been laid out and established as aforesaid) hereby determines that no damages are sustained and no damages are awarded. /s/ Robert Cataldo Levi G. Burnell I. H. Mabee Allan F. Kenney Selectmen of Lexington Mr. Gray said he received a letter from William R. Whalen in regard to complaints of residents of Benjamin Road. Mr. Whalen was present at the meeting. Mr. Whalen said when construction of Route 2 began many months ago precautions were taken in regard to blasting in the area of Benjamin Road. In recent months precautions have been ignored and there is hardly a house within a dis- tance of 250 feet that has not been damaged by stones. The workmen gather the stones up so there is no evidence. He said there has been a substantial amount of damage to roofs and garage doors. He said this is a dangerous situation and he was asking the Board to take some action because there is going to be other work done in the Town and undoubtedly there will be blasting. He said there should be something done to have a method of controlling this activity. The Chairman stated he was aware of thb situation and has been in contact with the Fire Chief, Superintendent of 1 43 Public Works. He stated tht locally the Board has been aware of the situation, and the next thing is to get in touch with the State and see if it can't do a little more in the enforcement end. Mr. Whalen retired at 8:00 F.M. Mr. Allen M. Flye and Mr. Clancy of Cabot, Cabot & Forbes, met with the Board. Mr. Flye submitted a plan and said investigations had been made "out in this area" and they found the height of the gas line going through there and the required clear- Cabot, ance of the transmission line restrict the parking. He Cabot & asked if the Board would consider reducing the area Forbes/ seventy-five feet back so the parking could be brought down to parking ""this corner here". Mr. Flye was referring to a subject discussed on May 1, 1967, at which time the Board held a hearing rela- tive to plans of the Hartwell -Lexington Trust to make avail- able for industrial development an area bounded by Hartwell Avenue, the Boston and Maine Re lroad and Hinchey Road. The Chairman said Mr. Flye was asking for a lesser area. Mr. Clancy, real estate representative, said the area in red on the plan is the area in which the Town would like an easement and Mr. Flye is sing for less of an easement. He stated the company has a client interested in purchasing a parcel of ground, which he indicated on the plan, and said this deal was negotiated and the company came in for the privilege of filling it afterwards. He would like to take an area of seventy-five feet parallel to the brook and let that be the frontage. The Chairman asked if there would be any objection to the Board granting permission with each parcel. Mr. Clancy said the Department of Natural Resources might have some question. The Chairman said if that department had no objection to the whole parcel, it would have no objection to the Board granting permission in thirds. He said the Board was willing to grant an easement and grant it as they go along. Mr. Cataldo suggested granting it subject to Cabot, Cabot & Forbes granting an easement to the Town before any work is done and that the company also give the Board a letter of commitment. Mr. Higgins said the original hearing only covered up to the line shown on the plan, and anything in the future would require notice and hearing. The Chairman said if the Board gives permission now, based on tithe original hearing, with a seventy-five foot easement, it did not have to have any more hearings. 4:4 Mr. Higgins said he thought the Board would have to. Mr. Cataldo said the strip of 100 feet is all the Board is looking for, and he could not see any problem granting permission to do the whole area and granting the easement as they convey. Upon motion duly made and seconded, it was voted to amend the previous restrictions to a seventy-five foot easement, the length of the property within the outline in red on the plan; such easement to be conveyed to the Town at the time of passing papers to the clients with a letter of commitment from Cabot, Cabot & Forbes for the entire area at this time. Messrs. Flye and Clancy retired at 8:14. P.M. Mr. Gray reported receipt of.a bill in the amount of $64..00 from William A. Haley, architect for the Tbwn Barn'; Architect's for testing laboratory services which he said was in order. bill Upon motion duly made and seconded, it was voted to approve the bill and authorize payment. Mr. Gray reported receipt of a bill in the amount Landscape of $1311.88 from Mason and Frey, landscape architects for architect's drawings according to the contract. bill Upon motion duly made and seconded,it was voted to approve the bill and authorize payment. Mr. Gray said he had a letter from the Board of Health Committee stating that Mr. McQuillan, Chairman of that Board, would serve on the Selectmen's Air Pollution Study Committee. In the same letter Mr. McQuillan asked the Board to decide the status of Mr. Finneran in regard to paying him his salary. The Board of Health has now paid him fill -time for three months. Mr. Finneran has made appli- cation for disability retirement pension to take effect June 15, and the Board of Heath is paying a part-time Health Agent to do the work. He asked if the Board would be obligated tp pay Mr. Finneran's salary until such time as tb.e Retirement Board makes a decision on his application. Mr. Gray reported he had discussed this with Mr. Legro and Mr. Finneran is entitled to pay through his sick - leave, and disability has not been caused by his work. He said now that Mr. Finneran has made application for retire- ment, Mr. McQuillan wants to hire a full-time Health Agent. Mr.. Legro advised that Mr. Finneran is still legally the Health Officer until the status. of ..his retirement is deter- mined. Mr. Gray said no report has been received from Mr. Finneran's doctor, and Mr. Perry is going to call his doctor. The Chairman asked Mr. Gray to prepare an answer to Mr. McQuillan's letter. CZ 1 1 45 Mr. Cataldo asked what the answer was in paying him. The Chairman replied that it is up to the Board -If Health to recommend an extension. Mr. Gray said Mr. Finneran's time ran out a week ago and the Board of Health has not requested an extension, but he would discuss this with Mr. McQuillan. Mr. Gray reported that the Public Equipment Corporation was low bidder on the furniture for the new Town Garage, and the specifications have been met. Upon motion duly made and seconded, it was voted Furniture to accept the low net bid of $3,512.91 submitted by the bid Public Equipment Corporation on furniture for the new Town Garage. Mr. Colella reported on bids taken April 21 on a two - yard front-end loader. He recommended that the bid be awarded to H. F. Davis, the low bidder for Nelson loader Front-end at a net price of $14,277.62. loader Mr. Cataldo asked if the unit was gas or diesel and Mr. Colella replied, gas. He said the diesel engine has to be run between 800 and 1,000 hours before it begins to save any money on the fuel cost, and the machine is used 750 hours, He said the diesel machine is more expensive and they did not think the added expense was worthwhile at this time to buy a diesel. Mr. Cataldo said the Town now has a Nelson and can never get parts for it. He said the diesel is nil in comparison with gas. He asked if this type of machine would be worked only fifteen hours a week. Mr. Colella replied the Trojan Loader was in such bad condition it never left the barn. Mr. Cataldo said 750 hours is only fifteen hours a week. Mr. Colella said that is what the record shows. They have had difficulty in getting parts for the Nelson loader only once. Mr. Cataldo said he would like to see the Town go #o diesel. Mr. Kenney said he was in favor of going along with the recommendation of the department. Upon motion duly made and seconded, it was voted to accept the bid of $14,277.62 submitted by the H. F. Davis Company for a Nelson loader. Mr. Tryon, 100 Pleasant Street, met with the Board and said it was his understanding that the Board of Select- men had received a letter from the School Committee in which it stated it would remove the sidewalk from Watertown Street- 46 Drainage easements Drainage easement Pole location Pole location to Worthen Road on Pleasant Street from the priority list and substitute another sidewalk for it. He asked the Board to adopt the same position as the School Committee and replace this sidewalk, as under ARticle 19, with another sidewalk. The Chairman read the letter from the School Committee and said the only thing Mr. Tryon was looking for tonight is a vote of the Selectmen which it said it would do if a letter was received from the School Committee requesting the same. Upon motion duly made and seconded, it was voted to remove the Pleasant Street sidewalk from the priority list and to replace it with Robinson Road. Mr.Higgins referred to easements discussed by the Board two weeks ago, in regard to the drain extended from Route 2 northerly along the property lines of houses on Pleasant Street. This drain was terminated at the corner of Boghosian's and Mazzats propertg and it was Mr. Carroll's proposal to extend it 100 feet further to the DiPietro property. Upon motion duly made and seconded, it was voted to make a taking of a twenty -foot drainage easement on the land of Mazza. Mr. Higgins Grassland Street lot in which the the existing tax who will acquire Upon motion referred to a drainage easement on in conjunction with selling a tax title Town is going to reserve an easement in title lot and the abutting property owner the lot. duly made and seconded, it was voted to reserve a drain easement on the Town-ownedlots and to accept the grant of a drain easement on the lot owned by Peter and Mary Sowkow. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing pole locations: Partridge Road, northeasterly from a point approximately 109 feet northeast of Turning Mill Road, -- Seventeen poles. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing poles, hip.guy and anchor location: Middleby Road, southeasterly from a paint approximately 34 feet southeast of Lincoln Street, -- Sixteen poles, hip guy and anchor on lith and 6th poles. Upon motion duly made and seconded, it was voted to grant the petition and sign the odder for the following Pole pole locations: location East Street, northerly side, westerly from a point approxi- mately 11 feet west of Emerson Road, -- Two poles (Two existing JO poles and one J0 push brace to be removed.) Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing pole location: Pole Grove Street, southeasterly side, approximately 67 feet location 'southwest of Dewey Road, -- One pole. (One existing JO pole to be removed.) Letter was received from the Humble Oil and Refin- ing Company requesting permission to run a cable through Humble the culvert that crosses Concord Avenue in connection Oil Co. with a proposal to install a Cathodic Protectioh System. cable Mr. Higgins explained the company wants to run a pipe through an existing drain pipe on Concord Avenue and he recommended that the request be granted. Upon motion duly made and seconded, it was voted to grant the requed;. Letter was received from the State Department of Public Works advising that the Commissioners have assigned subject to Legislative appropriation, under the provisions of Section 34, Chapter 90 of the General Laws, the sum of $1,500 for the maintenance of Chapter 90 roads in Lex- ington, on condition that at least $1,500 be contributed by the Town and $1,500 by the State. Letter was received from the State Department of Public'Works advising that the Commissioners have assigned, subject to Legislative appropriation, under the provisions of Section 34, Chapter 90 of the General Laws, the sum of $26260 for the improvement of Massachusetts Avenue and Lowell Street in Lexington, on condition that at least $13,100 shall be contributed by the Town and $13,D00 by the County. Letter received from the Mystic Valley Gas Company, requesting permission to locate a 2 inch high pressure Gas main gas main in Heritage Drive, was held over. Chapter 90 Chapter 90 4M Mr. Higgins informed the Board this is a private way and it is not within the jurisdiction of the Board to grant the request. The Planning Board's letter with reference to water pollution and possible health hazard due to the contami- nation of Munroe Brook, was held over again, Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion with Mr. Colella relative to personnel, and dumping material at the Sanitary Land Fill area, it was voted to resume the open meeting. Mr. Colella reported on the problem at the Myrtle Street pumping Station and said some time between Thursday Pumping night and Friday morning, a pin which holds the check valve Station blew out and the water in the pumping station got into the flood dry well. The alarm was checked the day before, but it did not go off. All three pumps and motors were submerged under water. He said it took all day Friday to get in touch with the company to take care of the situation. The company was told at eight o'clock Friday night and worked all night. They took out the motors which have to be taken apart, cleaned and baked dry, put back together again and reinstated. He said all the water was coming in from the north side of Lexington, plus the Town of Bedford. Mr. Colella said the Town had two pumps of its own, rented one and borrowed three from the Air Force and is pumping the sewage before it gets into the station and into a drain under Route 128, then goes down the brook toward Hartwell Avenue. He said he has been in tough with the Water Pollution Control Board at the State House and also with the State Department of Public Works who advised this could be continued provided the water is chlorinated. He said he was already using chlorine and would continue to do so. He explained until he gets the motors, there is nothing that can be done. Mr. Cataldo asked when the pumping station would be back in operation, and -Mr. Collella replied if he gets the motors Thursday afternoon, the station will be in oper- ation Friday. Mr. Colella said it was with deep regret that he was tendering his resignation as Assistant Superintendent of Public Works because he has accepted a position as Superintendent of Public Works for the Town of Burlington. He said rather than the customary two weeks, he has, in co s 1 1 49 view of the circumstances of Mr. Carroll going to the Resignation hospital, told them he would need four weeks. The Chairman said he assumed Mr. Colelia meant June 9. The Chairman asked Mr. Gray to start advertising for an Assistant Superintendent of Public Works. The Chairman read a letter from the Conservation Commission relative to the acquisition of the Ernest B. Johnson, Jr. Land. Mr. Johnson has indicated he would like to give to the Town a parcel adjoining Baskin Field. Mr. Sussman, Chairman of the Conservation Commission, suggested that the Board, if it is interested, contact Johnson Mr. Johnson. land The Chairman said if the Board wants to accept the parcel, it would take a vote of Town Meeting. The Chairman asked Mr. Gray to check this out. The Chairman read a letter from the Board of Health suggesting the following persons as being interested in Persons Health matters of the Town: James Lambie, Town Meeting for Health Member, Boris Gertz, Caeser Briefer, David Nitzberg and Frank Davidoff. Letter was received from the Board of Fire Commissioners advising that William P. Fitzgerald will represent the Com- Air Pollu missioners on a committee to make a study of any source of tion Comm air pollution in the Town, and how it can be corrected. Memo was received fromthe Chief of Police advising that Lieutenant James J. Lima, Jr., would represent the Police Department. Letter was received from the Board of Health advising that Mr. R. L. McQuillan would represent that Board. Mr. Mabee said he would specifically exclude himself because this subject is related to his business. Mr. Cataldo suggested Mr. Calvin W. Sing who is an engineer doing some air pollution work for the Federal government. Mr. Robert Kingston, who was present at the meeting, suggested Erna Green who submitted the original proposal. Mr. Kenney suggested beton Bennett and agreed to serve himself as the Board's representative. The Chairman asked the Board to give some more thought to the subject and be prepared to finalize the appointments next meeting. The Chairman read a letter from the Town Clerk stating that she had received a letter of resignation from John F. Cogan, Jr., as a Trustee of Public Trusts Trustee of The Chairman reported that the Chairman of the Public Trustees had recommended Mr. Gaynor K. Rutherford as Trusts a -replacement. 50 Bond Cert. of Inc. Upon motion duly made and seconded,it was voted to appoint Mr. Gaynor K. Rutherford a Trustee of Public Trusts for a term expiring with the Annual Election in March, 1968. Upon motion duly made and seconded, it was voted to approve Continuation Certificate extending Bond #632130 in the amount of $1,000 on behalf of the Execu- tive Clerk to the Board. Upon motion duly made and seconded, it was voted to certify the characters of Charles C. Johnson, 15 Young Street, and Ralph J. Ffissore, 176 Middleby Road, who have applied to the State for a Certificate of Incorporation. Upon motion duly made and seconded, it was voted License to renew Elaine Myers' Auctioneer license. Notice was received from the Middlesex County Selectmen's Selectmen's Association relative to Ladies Night to Ass'n.Meeting be held at Stow Acres Country Club on Wednesday, May 24, 19')7. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on May 8:n' 1967. Mr. Kenney said he was talking to an Arlington Selectmen about the problem regarding the study Of the Great Great Meadows. The Arlington Selectmen are concerned Meadows and Mr. Rae said some people have been doing some re- search on their own. They feel the technicality could be overcome. The Chairman said'.. the article is in the warrant and Town Counsel is still. checking. Mr. Cataldo mentioned that Town Counsel also re- ported he had checked with Mr. MacKinnon, Director of Accounts, who agreed with him. He also talked with the Arlington Town' Counsel, who also agreed. The Chairman advised if Mr. MacKinnon of the Bureau of Accounts says no, it wouldbedifficult to overcome. He said if Mr. Kenney had the chapter and section, it could be forwarded to Town Counsel in case he missed it. Mr. Mabee said Waltham is contesting the sale of some property to a private party in Waltham. They contend that under State Law, since one Town owns prpperty in another town, they should have first offer. He said this is what Town Counsel previously mentioned to the Board. 1 Mr. Kenney saidhewould let Mr. Purcell contact Mr. Legro. The Chairman said Mr. Legro has already contacted Mr. Purcell. The Chairman read a letter from the Conservation Commission requesting the Board topurchase the property of Mr. and Mrs. Pihl. He said Town. Meeting has voted money for the purchase of this property, but the Board has not voted to authorize Town Counsel to proceed. Upon motion duly made and seconded, it was voted to authorize Town Counsel to proceed with the acquisition of the Pihl property as authorized by voge of Town Meeting under Article 79 of the warrant for the Annual Town Meet- ing in March, 1967. Mr. Cataldo, with reference to fill being brought into Town by DeMatteo, reported that last Thursday morning a representative of the M. DeMatteo Construction Co., the Superintendent of Public Works, Chairman of the Board of DeMatteo Health and he met win the Selectmen's Room, and discussed fill the subject at great length. Mr. DeMatteo came forward with a letter absolving the Town of all liability and also submitted a Certificate of Insurance. He stated he would comply to all instructions from the Superintendent of Public tforks, o± his designee, for the entire period of the Hartwell Avenue project. The Board of Health issued a permit to haul the material into Lexington for Hartwell Avenue only, at this time. He said he thought it best to start at Hartwell Avenue first. He said an analysis had also been made by soil experts of the material. He said everything is ready to go as far as the Town of Lexington is concerned. He explained DeMatteo will go in with his own equipment and put a cover over it to bring it up to a cover that can be seeded. Mr. Cataldo stated the route has been approved by Mr. Carroll and will be Route 93, Route 128 and Routes 4 and 225 into the area. They will not use the streets of the Town as far as the Center of the Town is concerned. He said when the Bca rd sees what it does in this area, a meet- ing would be held with the Boards and a report submitted to the. Board, after which it could decide whether to go into other areas or not. The Chairman said he had received some calls because other cities and towns had rejected this. One was the Town of Wilmington and he contacted the Chairman of that Board who told him they did not want it because of the location it was being dumped, near the water supply. In Medford the objection was that the area was densely populated. He said the odor is similar to the odor at the seashore. Mr. Cataldo explained that the odor leaves as soon as the operation is completed. It is a salt water odor and will exist only as long as the operation, and it will be gone in two or three days. He explained the advantage to the Town and the money it will save is well worth a litle inconvenience. The Chairman said he did not know until yesterday that this fill was being used on Route 2 in Arlington, that he did not detect any odor. Mr. Kenney said the Arlington people are very well satisfied; he had talked to them. Mr. Cataldo said the Bond would keep the peeple informed in the area in which it intends to dump the fill. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following a duscussion regarding personnel, and the acquisition of land, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:55 P.M. A true record, Attest: %t. y -Eve Clar 5e3 SELECTMEN'S MEETING May 22, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 22, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Colella, Assistant Superintendent of Public Works, Mr. Higgins, Assistant Town Engineer, and Miss Murray, Execu- tive Clerk, were also present. Mr. Leon Burke, Director of Guides, introduced Sandra Boodman, 4 Linmoor Terrace, applicant for a Guide license. Guide Upon motion duly made and seconded, it was voted license to issue a Guide license to Sandra Boodman, satisfactory report having been given by the Director. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate poles on Washington Street. Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitioners' plans and also filed with the Superintendent of Public Works. Pole Mr. Pratt, representing the Boston Edison Company, was locations the only person present at the hearing. He explained the poles are in place to which the telephone company is attaphed. Upon motion duly made and seconded, it was voted to declare the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following J/0 pole locations: Washington Street, southeasterly side, southwesterly from a point approximately 85 feet southwest of Eliot Road, -- Two poles. (These are existing poles, no new poles to be set.) Mr. Legro stated he had an Order of Taking for the drain easement On the Mazza property off Green Lane which the Board previously voted. Order of Upon motion duly made and seconded, it was voted Taking to sign the Order of Taking for the drain easement on the drain Mazza property off Green Lane as submitted by Mr. Legro. easement 54 Mr. Legro said he had the contract with Whitman & Howard for engineering services for sewer work in certain streets. Engineering Upon motion duly made and seconded, it was voted Contract to sign the contract as submitted by Mr. Igro. Mr. Gray submitted a bill in the amount of $1,235.35 received from Spaulding -Moss for printing the 1966 Annual Town Report Town Report which he said had been approved by Mr. Zehner. bill Upon motion duly made and seconded, it was voted to authorize payment of the bill as submitted. Mr. Gray submitted a bill in the amount of $955.79 for engineering services, submitted by Whitman & Howard. Lex.Center He explained this is in connection with work done on the Engineering bwautification of Lexington Center project. H�1 Upon motion duly made and seconded, it was voted to authorize payment of the bill as submitted. The Chairman read a letter from the Trustees of the Hartwell -Lexington Trust stating Cabot, Cabot & Forbes Co. has requested permission to enter an existing storm Drainage drainage system in Hartwell. Avenue at a point approxi- mately 350 feet south of Hinchey Road for the purpose of draining the roof area of a proposed building in the Lex- ington Industrial Center. Mr. Higgins said he had looked at the plan and the gg connection to the drain system seems to be all right. He suggested that they connect to the existing cktch basin rather than the manhole shown on the plan so they won't have to dig in the street. Upon motion duly made and seconded, it was voted to authorize the connection to the drain system at such point as is designated by the Engineering Department. The Board received a copy of a petition which was sent to the Board of Health, requesting that Board to initiate proper steps to have the swamp area drained which lies be- tween the end of Leonard Road and to the rear of 11 and 15 Drainage Young Street. The Chairman said this is private property and Mr. Higgins, Assistant Town Engineer, agreed. Mr. Legro suggested that this might be referred to the Engineering Department to see if the Town is dis- charging water there. Mr. Higgins reported he looked at the property. There is drainage in the street that does flood. From past situations, the Town has not drained swamps and does not have any responsibility to drain this one. He ex- plained these people could put their own drain in if done 1 1 with a plan submitted by a registered engineer and approved by the Board or the Engineering Department. He said it is not a Town problem. The Chairman said the onus is on the owners of the property and Mr. Higgins agreed. Letter from Mr. R. A. Bittenbender stating he accepted appointment to the Advisory Council to Civil Defense was Appointment noted and placed on file. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Purchase Identi- fication cards for the following individuals: Bonney L. Cooper, 43 Reed Street, and Peter Gilpatric, 10 Oakland Street. Letter was received from Chief James F. Corr request- ing that Alden F. Stucke be appointed k:% Special Police Officer. Upon motion duly made and seconded, it was voted to appoint Alden F. Stucke, 31 Hancock Street, a Special Police Officer for a term expiring March 31, 1968. Upon motion duly made and seconded, it was voted to sign anOrder of Sewer Taking in Blake Road near Boulder Road southerly. Upon motion duly made and seconded, it was voted to sign an Order of Sewer Taking in Ward Street from Garfield Street to Ash Street. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on May 15, 1967. The Chairman read letters from the Town Clerk inform- ing the Board of the following appointments made by the moderator: Richard S. Sparrow, William R. Whalon, Arnold B. Briggs Richard H. Soule Harriet V. Reiman, John F. Cogan, Jr., Charles E. Parks Angela E. Frick Alford S. Peckham Recreation Comm. Three-year term Regional Refuse Disposal Planning If rr n n n 11 n Structure of Town Government Capital Expenditures Committee Cary Lectures Committee u If rr n IT If I.D.Cards Special Police Order of Sewer Taking Minutes Committees The Chairman read a letter from the Board of Health Board of advising that Dr. Charles Colburn, Assistant Director of Health the Bedfad Hospital might be interested in becoming a member of the Board of Health. The name was submitted for the Selectmen's consideration when the appointment to replace Mr. James West comes up. The Chairman read a letter from the Board of Health Health requesting an extension of thirty days'sick leave for Mr. Director James Finneran, Health Director. Mr. Gray reported that Mr. Finneran had returned to work this morning and is working half a day. He said Mr. Perry received a letter this morning that Mr. Finneran is back to work and Mr. McQuillan did not know he was coming back to work. Under the circumstances, it was voted to table the request for an extension of Mr. Finneran's sick leave. At 8:00 P.M., hearing was declared open upon appli- cation of The Dunfey Corporation, doing business under Sheraton the name of Sheraton Lexington Motor Inn, 727 Marrett Road, Lex. Motor Lexington, for an Innholder's all alcoholic beverages Inn license. Mr. Dean Nicholson, attorney, with offices at 1776 Massachusetts Avenue, represented the applicant, and said this is something that was given long and careful study before coming into Lexington. He said the people he represents are well experienced in the motel and hotel business. This is their first venture in Massachusetts. He said he had members of the Dunfey family and the Manager present this evening. The Chairman asked when the Dunfey Corporation took over the Lexington Motor Inn. Mr. Nicholson replied they are in the process of taking it over. The actual transfer has not taken place. They are hoping to do it as soon as the application for the license has been approved. The Chairman said he believed they would have to be a bonafide owner to have an Innkeeper license before they could apply for it. Mr. Nicholson said the Board in Boston advised him the license could be granted. The Chairman said there is a similar license in Town and this license was granted that it would be only a ser- vice bar. Mr. Cataldo asked if the Board had the right to con- sider granting this. Mr. Legno suggested that the Board take it under ad- visement. 1 5, Mr. Nicholson said he talked to the secretary of Alco- holic Beverage Control in Boston arra was told it is quite common for people to file, and until actual transfer, the license is held in abeyance. Mr. Legro said this Board would not issue the license in any event until the corporation became the owners. Mr. Cataldo said if the Board is going to consider this, there are many questions he knew the Board would ask. The Chairman asked if the Board had the right to hold this hearing. Mr. Legro replied he thought the Board had the right to hold a hearing. The Chairman said the Board does not have the right to issue the lieense until the corporation is the owner of the property. Mr. Nicholson said he understood this is a new ex- perience in Lexington. He has presented them in other towns prior to the actual transfer taking place. Mr. Cataldo asked if there was an existing license. Mr. Nicholson replied he has had experience of both over a period of years. Mr. Nicholson said Walter and William Dunfey were present. The Chairman asked if there were any questions on the substance of the application. Mr. Cataldo asked where the bar was going to be and how it was going to be set. Mr. William Dunfey, Hampton, New Hampshire, said eight or ten years ago, they were granted a liquor license in the Town of Hampton which still remains a dry town in the State of New Hampshire. He said at the Lexington Motor Inn it would be their intention to convert the room on the right- hand side as you go toward the dining room. They would change that into a Cracker Barrel Lounge and they would con- vert the dining room into the Tavern Room. He said all their operations are done in the tradition of a Yankee Tavern. The lounge service would to the room to the right. Beyond that would be the Tavern Dining Room and both rooms would be redecorated. Mr. Cataldo asked If they were planning on serving food in the Cracker Barrel Lounge. Mr. Dunfey said in two states they can. It is an advantage to serve hors d'oeuvres. They do have a large barrel with crackers and cheese which is a free item. He said he did not know what the existing rules are in Lex- ington. They would prefer to serve food in the lounge because at noontime they run a top brass luncheon serving hot pastrami, hot roast beef and corned beef sandwiches. This works better in the lounge area as compared with the dining room. 58 Mr. Cataldo asked if there would be function rooms as well. Mr. Dunfey replied they would use the rooms that are available and in the future they Hope to provide better function rooms than are now available. They would hope to develop conferences, seminars and meeting rooms. Mr. Cataldo asked if there would be service from the same bar. Mr. Dunfey replied they always try to use the same bar. As they get into a function for larger group, they set up a service bar area and this is always handled by an experienced bartender. It provides a better control. He said if an event did take place where there was a large number of people in the rooms, they wouldithen set up a service bar. No one wishing to be heard in favor or in opposition, the hearing was declared closed. The Chairman said the Board would take the appli- cation under advisement. Mr. Nicholson and his clients retired. Mr. Cataldo said he did not know what they are going to do up there and thought they should be a lot more speci- fic. Mr. Mabee asked if the Board couldn't be specific in granting the license. He said he had no objection as long as it is on the same basis as the other motel. Mr. Cataldo said he thought they should tell the Board where they are going to put the service bar. Mr. Legro advised the Board had time enough to take this up next week. Mr. Mabee asked if there was any question about the Board saying where the bar will be. Mr. Legro said he thought the Board had a perfect right. He explained the intention of the statute is that liquor will be served in hotels where they serve fdod. He said he did not think it permitted a cocktail lounge. He said he went out and spoke to them in the corridor as he was interested in the question of ownership. Theyassured him they would acquire absolute ownership of the premises. The only tie-in with Sheraton is for room reference. He said if they do acquire title, he thought he would be satisfied. He stated the Board could grant a license upon the transfer happening. Decision on the application was held over for one week, and Mr. Gray was requested to contact Mr. Nicholson and explain to him that food has to be served. Mr. Gray reported that Mr. Alvin Morrison, 104 Pleasant Street, who had an appointment with the Board, came in before the meeting started and submitted a written statement per- taining to the drainage between Pleasant Street and Green Lane, 1 59 rathdr than discuss it with the Board. In his statement, Mr. Morrison listed seven reasons why he thought the intent and purpose of the contract and expenditure for the drainage has not been met. Mr. Higgins said he had the whole easement under study and intended to go in there very shortly and regrade the whole area, taking care of, certainly, Mr. Morrisonts problem. He explained the drain easement runs back of all the properties. The Chairman referred the communication to Mr. Higgins and requested that he reply to Mr. Morrison. The Chairman read a letter from Mr. Morrison, 104 Pleasant Street, listing four observations relative to the lack of continuity between the State work extending into Pleasant Street from Route 2 and the Town work recently completed by the drainage system contractor. The Chairman said the best thing to do was to refer this to the Superintendent of Public Works for a report. The Chairman read a letter from the Town Celebrations Committee advising that the observance of Memorial Day will start at 10:00 A.M. at the Munroe School, stop at Memorial the two cemeteries, Munroe and Colonial, and end with Day exercises on the Green at approximately 11:30 A.M. The Board was invited to participate in the parade, or join the group at the Green. Upon motion duly made and seconded, it was voted to sign the Warrant for the Special Town Meeting to be Warrant held on June 12, 1967. Mrs. Virginia Ross, representing the Citizens for Lexington Conservation, asked the Board to reconsider some of the factors on the Great Meadows! issue. She said 300 families in Lexington are very deeply interested Great in this area and they hope the Board will try to pre- Meadows serve the good will that has been greated by the former Board. of Selectmen of Lexington and Arlington groups. She said she understood the hydrological study is illegal. They would like this issue to be kept open in the interest of the people of Lexington and in the interest of the recreational use of this area. She said there were several people present who have informed her of a huge nursing home to be developed in this area. She said the group hopes to have a chance to go on studying this area and that the Board will make some resolution to the Town Meeting that will preserve some accord with the Town of Arlington. The Chairman stated the Great Meadows was initiated 60 Warrant Route 2 from this Board and the Chairman of the Arlington Board of Selectmen and the Lexington Board walked the Great Meadows, and agreed to approach the Boards. He said the Board was going to try and have a hydrological study. It is legal for Arlington to do this because Arlington owns the land, but there is a question of Lexington getting into it with funds. However, the article is in the warrant. He said if it is not legal, m attempt will be made to shut the door on negotiations with Arlington. He said it is this Boardts obligation to do things in a legal manner and Town Counsel found no legal reason for the Board to do it, which he must have. He said the article is in the warrant and the Board is still looking for a way to do it. Mr. Adams said after this warrant goes out, it is the last time his firm is going to do the addressing. It is going to be difficult to get the warrant addressed with the holiday and he suggested that the Board, if it could, add another week in the future. He said he thought Mr. Maxey was going to do the addressing. Mrs. Mott -Smith met with the Board and said two months ago, the drawings for a possible intersection were revealed at a Selectmen's Meeting. There has been some talk, but no decision. She said she felt there should be a decision by the Board on this intersection. She said she could see no advantage at all in having the drawings under public debate without any statement from the Board and she asked the Board to make a decision. The Chairman said before any action is taken with the Department of Public Works, the Board would notify all the people in the area of a hearing. He explained this would not be a.legal hearing, but out of oourtesy, the Board would hold a hearing. He said at the present time, the Board does not have all the facts to hold a hearing. Mrs. Mott -Smith said nothing is being served by delaying the hearing. The Chairman explained at the present time, this Board is waiting for more information from the State De- partment of Public Works and until it receives the in- formation, it does not feel it could make a decision. Mrs. Mott -Smith asked what the information was that the Board is waiting for. Mr. Cataldo replied the Board is waiting for projected traffic counts. He explained the Board asked the Department of Public Works to make some projections for the Board using the same approach it used in making their own. He said he felt the Board would be ready for a hearing an a couple of months. co ze CL 1 61 The Chairman said some of the Board are disposed more one way than another but without all the facts, the Board cannot make an intelligent decision so it is holding off until everything is in. He said he has taken the stand he is opposed to a connection to Route 2, and others may not feel as strongly as he does, but there would be a hear- ing before decision is made. Mrs. Mott -Smith asked what a hearing would reveal. She said what is wanted in the area is some knowledge of what the houses are worth. She said the people would not want to make life plans on a traffic count. Mr. Storer asked the purpose of a meeting if it had no legal status. The Chairman replied the people want to know about it and out of courtesy the Board would hold a hearing. He said as soon as the information is received, a hearing will be held. Upon motion duly made and seconded, it was voted to appoint a committee to make a study of any source of air Air Pollu- pollution in the Town, and how it could be corrected, to tion Comm. consist of the following indivthals: Mr. Allan F. Kenney, representing the Board of Selectmen; Mr. William P. Fitzgerald, representing the Board of Fire Commissioners; Lieutenant James J. Lima, Jr., representing the Police Department; Mr. R. L. McQuillan, representing the Board of Health; and three citizens, Erna S. Green, Newton Bennett, and ddlvin W. Sing. 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 dispassion with Town Counsel, Guy Colella, Assistant Superintendent of Public Works, and Mr. Gray, Executive Assistant, it was voted to resume the open meeting. Mr. Cataldo said the Board should start interviewing for a Superintendent of Public Works. Interviews It was agreed that Mr. Gray should have the appli- cations duplicated and sent out to the members of the Board, and it was suggested that the interviews be held on a Satur- day morning or some night in the week other than a regular Monday night meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:55 P.M. A true record, Attest: Execupiv$' Clerk, Sele men S•FCTMEN' S MEETING May 29, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Buil3i.ng, on Monday, May 29, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate a pole in Franklin Road. Notices of the hearing were mailed to the petitioners, owners of property as listed on the petitioners' plans and Pole also filed with the Superintendent of Public Works. location Mr. Pratt, representing the Boston Edison Company, and Mr. Dunn, representing the. New England Telephone Company, were present. Mr. Dunn explained this petition is for an e.tisting pole to be 3/0 and is in its original position. No one appeared in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the follow- ing JO pole location: Franklin Road, southwesterly side, approximately 272 feet northwest of Castle Road, -- One pole. (This is an existing pole, no new pole to be set.) Hearing was declared open upon petition of the Boston Edison Co. and New England Telephone and Telegraph Company Pole for permission to locate poles on Middleby Road. locations. Notices of the hearing were mailed to the petitioners, owners of property as listed on the petitioners' plan and also filed with the Sgprintendent of Public Wprks. Mr. Dunn, representing the petitioner, explained this is due to street construction and the poles are all located. One individual present at the hearing asked questions which were answered by Mr. Dunn. No one wishing to be recorded in favor or in oppo- sition, the Chairman declared the hearing closed. 1 63' Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing J/0 pole locations: Middleby Road, southwesterly side, southeasterly from a point approximately 33 feet southeast of Lincoln Street, -- Three (3) poles. (Three existing J0 poles to be removed.) Middleby Road, northeasterly side, approximately 524 feet southeast of Lincoln Street, -- One (1) pole. Middleby Road, easterly side, approximately 732 feet south of Lincoln Street, -- One (1) pole. Middleby Road, easterly side, approximately 1,050 feet south of Lincoln Street, -- One (1) pole. (One existing JO pole to be removed.) Middleby Road, westerly side, approximately 1,143 feet south of Lincoln Street, -- One (1) pole. (One existing JO pole to be removed.) Middleby Road., northeasterly side, approximately 30 feet northwest of Outlook Drive, -- One (1) pole. (One existing JO pole to be removed.) Middleby Road, northeasterly side, northwestetly from from a point approximately 220 feet northwest of Outlook Drive, -- Three (3) poles. (Three existing JO poles to be removed.) Mr. Legro reported completion of the acquisition of the West Farm property and said he had prepared a partial release of the sewer betterment. West sewer Upon motion duly made and seconded, it was voted betterment to execute the partial release of the sewer betterment as prepared and submitted by Mr. Legro. Mr. Legro stated he delivered the Blue Cross -Blue Shield contract to Mr. Gray today and as far as the form Blue Cross is concerned, he could see nothing wrong. He suggested Blue Shie]d that the Board might authorize the Chairman to sign the contract contracts tonight and Mr. Gray said he would check last year's contract to see if there are any substantial changes. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Agreement between the Town of Lexington and the Blue Cross and Blue Shield for 4 a term from April 1, 1967 to April 1, 196e. Mr. Legro stated that Mrs. Rich, Collector of Taxes, inquired about the Ernest Johnson land which abuts the Baskin Playground. The taxes are unpaid for 1965 and 1966, and, it seemed to him, the taxes were only for something like $2.20 or $2.30 for each of the two years. The side- walk betterment is about $24..00 or $23.00 with committed interest for those two years. Since the taxes are unpaid, she is preparing to go forward with a tax taking. He said he told Mrs. Rich he would inquire if the Selectmen reached a decision on it. Mr. Legro advised the Selectmen or the Board of Assessors have no authority to abate the taxes. He suggested to Mrs. Rich that she take the land and the Board agreed. Mr. Gray read a letter from The Dunfey Corporation signed by John P. Dunfey, President, dated May 26, 1967, Lexington stating that it is the intent to operate in the following Motor Inn manner: 1. A permanent service bar (no stools) would be installed in the dining room annex (Liberty Room) adjacent to the main dining room. Food service would be provided in both rooms at all times. Liquor service would be available not later than 11:00 P.M., or whenever food service closes, if before 11:00 P.M. 2. Portable service bars for serving alcoholic bever- ages would be used when necessary to service functions in the following rooms: LoweiiLobby - Minute Man Room and Colonial Room Upper Lobby - Independence Room and Executive Room Second level - Rooms A & B 3. Room service of liquor would be available to registered guests. In the letter it was stated the intent is to operate a first-class dining room and provide function rooms for conferences, seminars, social meetings and weddings. The Chairman said this follows what the Board requested for the other license it granted. Mr. Kenney asked if the other people have room service, and Mr. Gray replied in the affirmative. Mr. Cataido said he could see granting the license not only subject to acquiring the property, but subject to the Board's approval if they do acquire it and are ready to go forward. He said he thought when they are ready to take the premises over, the Board could give them Anal approval. The Chairman said the Board could give approval and hold the license until the terms are met. 1 Mr. Legro advised first the Board has to issue an Innholder's license to the Dunfeys, upon submission to the Board of Selectmen evidence it is the owner of the property at 727 Marrett Road; the surrender for cancel- lation of the outstanding Innholder's license for the pre±ses to Lexington Motor Inn, and the surrender for cancellation of the outstanding Common Victualler's license issued to Mark Management, Inc. Mr. Cataldo said the Board should specify the hours but not the rooms in which they are going to serve because the Board does not know what they are going to do. He said the Board should have a drawing showing exactly what is going to happen. He said they should be told to identify where everything is going to be. Mr. Kenney asked if it would satisfy Mr. Cataldo if they gave the Board a blueprint of the rooms. Mr. Cataldo replied that is all he is asking. The Chairman said he was concerned about the time element. Mr. Cataldo said these people should know better. Mr. Kenney said the Board asked Mr. Gray to talk to them and he did. Mr. Gray said he did not ask for a blueprint because he did not know the Board wanted one. The Chairman said Mr. Gray could ask them to reduce this letter to a blueprint; the Board could vote tonight to grant the licenses which it will hold until they take title to the property. Mr. Cataldo said they are telling the Board they are going to take title June 10 or 12, or whatever it is, but they have served no notice. He said he did not want to be in the position of not knowing what is going to happen. The Chairman said the Board would hold the license here and rescind it at any time. He asked Mr. Gray to get them to reduce this to a blueprint. He said the Board would grant the license conditionally. Mr. Cataldo suggested granting it subject to the approval of the Board of their layout. He said if their layout conforms to his interpretation of this letter, he would have no objection. Upon motion duly made and seconded, it was voted to issue an Innholder's license to Dunfey Corp. for the premises at 727 Marrett Road, Lexington, upon: 1. the submission to the Board of Selectmen of satisfactory evidence that said Dunfey Corp. is the owner or leasee of the premises at 727 Marrett Road, Lexington, and the facilities therein in compliance with General Laws, Chapter 140, Section 6; 66 Gift Permit 2. the surrender for cancellation of the outstanding Innholder's license issued for said premises to Lexington Motor Inn, and 3. the surrender for cancellation of the outstanding Common Victualler's license issued for said premises to Mark Management, Inc. Upon motion duly made and seconded, it was voted upon the issuance of the Innholder's license specified in the foregoing vote, to issue to Dunfey Corp., subject to the prior approval of the Alcoholic Beverages Commission, a license for the sale of all alcoholic beverages to be served and drunk on the premises at 727 Marrett Road, Lexington. The Chairman said General O'Neil and Colonel Albert R. Shiely, Jr., are having a reception June 3 and it has been the practice in the past to give them a gift. He asked about a Paul Revere bowl. Selection of a gift was left up to Mr. Cataldo. The Chairman read a letter from the Church of Our Redeemer requesting permission to hold its semi-annual paper drive on Sunday, October 22, 1967, between the hours of 1:00 P.M. and 6:00 P.M.. Upon motion duly made and seconded, it was voted to grant the request. Letter was received from Frederick J. Conroy, attorney for James D. and Mary Jane Eplett, claiming damages resulting from flooding of their basement of Claim town sewage. Mr. Legro said if this goes to the insurance company, there should be nothing further for him to do with it. Mr. Gray reported he had sent a copy of the letter to the insurance company. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow - Pole ing J/0 pole location: location Burroughs Road, northeasterly side, approximately 25 feet southeast of Thoreau Road, -- One pole. (One existing J/O pole to be removed.) Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to locate a four -inch medium pressure welded steel gas main in Cedar Street to replace the existing cast iron gas main now in service. 1 Letter was received from the Arlingthn Housing Authority dated May 23, 1967, with copy of letter sent to the Metro- politan District Commission regarding overflow of sewage from manholes located along the Boston & Maine Railroad tracks at the Arlington -Lexington line next to the Housing Project for the Elderly. Mr. Cataldo said the Board would have to go after the MDC to get that next contract let. Upon motion duly made and to grant permission to the Sim the streets for a public prone the Masonic Temple to the Chur Street and Mariam Street at ab Letter was received from sociation advising that a warr be held on Thursday, June 8, 1 Science Lecture Hall at the Hi, Sewage overflow seconded, it was voted n W. Robinson Lodge to use sion on June 18, 1967, from Processia h of Our Redeemer via Bedford ut 10:45 A.M. he Town Meeting Members As- nt information meeting will Meeting 67, at 8:00 P.M., in the h School. Upon motion duly made and seconded, it was voted to certify the character of Richard W. Spillane, 22 Oxbow Cert. of Road, who has applied to the Secretary of State for a Inc. Certificate of Incorporation. Upon motion duly made:and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on May 22, 1967. Mr. Kenney referred to`;th and said he did not know how 1 members of the Board had looke a very dangerous condition and it have been removed. He sug to the Building Inspector and safety. The Chairman said he and and are negotiating with them in that area. Mr. Kenney said he spoke someone might get hurt. The Chairman said they coy not trespass. He asked Mr. Gr the property. Mr. Burnell suggested tha street be cleaned up. Mr. Carroll stated it is and trees will have to be take! look at it and report to the B Countryside excavation ng it has been since the at it. He said it is in the planks used tocover ested that the Board speak sk him to check it for Countryside excavation r. Gray visited the owners o get some progress made Mr. Gray last Friday; ld not get hurt if they did y to check the status of the area across the of as simple as it appears down, but he would take a ard. -68 Mr. Cataldo reported DeMatteo has started hauling to the Hartwell Avenue site and the project is going along DeMatteo well. Mr. McQuillan, Chairman of the Board of Health, hauling has been up there every day and he sees no problem. It has not interfered with the operation of the dump. Mr. Cataldo said he asked the Board two weeks ago for permission to meet with all the Boards on the Lincoln Street area and he has arranged a meeting for next Wednesday night and would report to the Board following this meeting. Mr. Cataldo said on June 13 twenty Swedish teachers Dinner are coming to Lexington and there will be a dinner for them in Cary Hall and it is hoped the Board will attend. At 8:25 P.M., Messrs. Bond, Hayes and Sparrow of the Recreation Committee, and Mr. Bertini met with the Board. Mr. Carroll referred to the instructional swimming pool article and said there was some question in his mind as to whether or not there would be sufficient money to build the pool with the $20,000 appropriated at the Annual Town Meeting. He said he reported to the Board, not Additional too long ago, that he had an estimate from Camp, Dresser funds for and McKee that they thought $32,000 would be needed. He pool scheduled a meeting with Camp, Dresser and McKee and the United Swimming Pool the night he was ill. The United Swimming Pool people have agreed that the rate of fil- tration should be four hours. They also agreed that they made a mistake on the inside of the building. They revised their estimate which he received in a letter today of $18,500 which does not include contingencies. He said additional funds would be needed. The question is whether or not they can get the mechanical equipment into the ex- isting building. He said he did feel it would be wise for the Board to akk for at least $10,000 more. He re- commended that a small filter house, 12' x 12',be built. The Chairman asked if the pool could be built if the Town Meeting did not vote the additional funds, and Mr. Carroll replied not the pool he thinks is needed. Mr. Cataldo suggested that the Board meet with the Appropriation Committee and start with the figure of $10,000. Mr. Carroll advised not going below $8,000. The Recreation Committee retired at $:45 P.M. Appointments to the Conservation Commission, Town Appointments Celebrations Committee and Board of Health, were held over. 1 1 Upon motion duly made and to go into Executive Session f deliberating or voting on matt might adversely affect the pub interest of the Town or the re Following discussion with personnel, it was voted to res 69 seconded, it was voted r the purpose of discussing, rs which, if made public, Executive is security, the financial Session utation of any person. Mr. Carroll in regard to me the open meeting. At 9:10 P.M., Messrs Parrish, Zehner, Gary, Brenchick, Furash, Mrs. Souza and Mr. Perry met with the Board to discuss appropriations for the June Town Meeting. Mr. Gary said the $20,000 figure which has been mentioned for the Buckman Tavern article may have been used as a rough figure. He s id it seems apparent that the work cannot be done for $2 ,000. He said the lowest bid was $22,180, the second, $ 2,387 and the third $25,381., and recommended that the appro riation be $25,000. Mr. Cataldo asked if they were ready to go out to bid and Mr. Gary replied in th affirmative. Mr. Cataldo mentioned the approach of $25,000 and any- thing extra the Lexington Hist rical Society would pay. The Chairman stated the Civil Defense wants the amount that was cut out of his original budget. Mr. Parrish said he was strongly opposed to the approach and the committee is ecommending $2100 bo make sure the warning system will c ntinue in operation. Mr. Legro retired at 9:55 The Appropriation Committe Article 2; $2100 under Article 3 funds under Article 5; no funds Article 7. Upon motion duly made and to adjouan at 10:40 P.M. A true record, Attest: P.M. e recommended $25,000 under ; $300 under ARticle 4; no under Article 6; $300 under seconded, it was voted Mot ions for June Meeting 70 SELECTMEN'S MEETING June 5, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 5, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Teen Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Gray, referring to the Goodwin property on Goodwin Pearl Street, stated Mr. Carroll will take the building building down tomorrow morning. Mr. Gray said, in reference to the Cummings' pro- ICummings' perty on Massachusetts Avenue, Mr. Legro, Town Counsel, building advised another hearing should be held. Mr. Gray read a letter from Mr. Louis A. Zehner, Chairman of the 1966 Town Report Committee, with re - Town Report commendations. Committee Upon motion duly made and seconded, it was voted to discharge the 1966 Town Report Committee. The Chairman said, personally, he felt there should be such a committee for 1967. Mr. Gray stated he an9 Mr. Zehner discussed this and it is the feeling of the committee that unless the report is sent to all the property owners in Town, there is a lot of work that goes into this. He also felt it should be cleared with the Appropriation Committee in regard to what part of the report is to be sent out before the committee is appointed. The Chairman said the interesting part of it should go to all the citizens, and the Board agreed. It was also agreed that a committee should continue on this. Mr. Mabee said there is no point in the committee continuing unless a popular report is to be sent out. The Chairman said the Board would proceed along as if its position was going to prevail. He said the Board would ask the Appropriation Committee and then pro- ceed to appoint a committee. Mr. Legro stated he had prepared an option for the Pihl land Pihl property which the Conservation Commission has had option signed, and it expires June 15, 1967. He stated the option is prepared in accordance with recommendations of co 1 71 the Conservation Commission sent to the Board of Selectmen, to which the Board agreed. Upon motion duly made and seconded, it was voted to exercise the option, prepared by Town Counsel,, on the Pihl property. Mr. Legro stated he has, for signing by the Board, an Order of Taking of the Newell property at 12 Clarke Newell Oaf Street, on which the Town has an option that has been of Taking exercised. Upon motion duly made and seconded, it was voted to sign the Order of Taking 8s prepared and submitted by Town Counsel. Mr. Carroll reported on bids taken last Monday for the first sewer job. Upon motion duly made and seconded, it was voted Sewer bid to award the contract to Avon Construction Company, the low bidder, in the amount of $58,385.00. Mr. Carroll referred to the drainage problem down at Green Lane and said Mr. Tryon has agreed to let him - take this up now in place of his 8:00 P.M. appointment. Green Lane Mr. Carroll submitted a construction plan and ex- drainage plained where a drain ran down Pleasant Street through the corner of the Tryon and Presho property. He stated in constructing the drain, he left in the brook which ran from near the end of the Tryon driveway, mostly in the property of Mr. Presho. He stated in the construction of this drain, he put a stub sticking out in order to pick up this brook. There was nothing particularly wrong about the construction. About a month ago, Mr. Tryon asked if he would restore the last ten or twelve feet of this brook in its original condition. Mrs. Presho said she did not want the Town to go on her property, and last week the brook was blocked up. Mr. Carroll said since that time, he has been trying to work to negotiate between both parties to see if this problem could be settled. He said when the brook was blocked up, the Tryon property was flooded. He said he has talked to Mr. Tryon's lawyer and the Presho's jlawyer. Mr. Carroll suggested that he tap into thektwenty- four inch pipe beyond the end of Tryon's driveway and run a stub pipe out of it which would end a little beyond the Tryon property. In that case, Mrs. Presho could fill in the brook on her own property. He said he talked to Mr. Xoctoroff, attorney for Mrs. Presho Friday, and his solution is for the Tryons to dig a ditch through the peat out to the stub now existing. Mr. Carroll said he felt the better solution to the problem is the one he, Mr. Carroll, 72 suggested. He said he believed he was correct in saying the Town has the right to go in and construct this stub as long as it is in the easement whether Mrs. Presho wants it or not. Mr. Carroll said Mr. and Mrs. Tryon are very much con- cerned with the flooding of their land. Mr. Carroll said he recommended that the Board do this, but he wanted an opportunity to talk to Mrs. Presho's lawyer first. He said he would like the Board's approval to go ahead to do Et. Mr. Tryon said he was in agreement with Mr. Carroll's plans for a pipe going out that this will take the water off the land. Mr. Carroll said there is no question but that he can put the stub in without leaving the easement. The Chairman said the Tryons would have water, but in the amount they want. Mr. Carroll said that was right and if Mrs. Presho fills in her brook, she will have no water. She wants the brook filled in, but she does not want the Town to do it. The Chairman asked if Mrs. Presho was going to be happy with the brook filled in with dirt. Mr. Kenney asked if Mr. Carroll would go ahead if Mrs. Presho objected. Mr. Carroll said that is what he is planning to do if the Board says so. Mr. Carroll was authorized to proceed as he suggested. Mr. Tryon said it was his understanding he would have the right to affect temporary blockage of the pipe opening. He prepared a statement of what he would like to request the Board to grant which was "The owner of Lots 9 and 10, 100 Pleasant Street, has the right to affect temporary blockage of the opening of the drain pipe, to be installed about 70 feet southeastward of the northwestern corner of Lot 9, for the purpose of maintaining the natural vegetation on Lots 9 and 10 in its original condition." The Chairman asked what Mr. Tryon would call a temporary blockage. Mr. Tryon replied he did not know. What he had in mind was to hold back the drainage so he could get water in the peat so it would soak in and for this reason, he was able to preserve the plants in the area during a drought. He said it would be somewhat difficult if he had no right at all to block up this pipe. Mr. Carroll said it could affect Mrs. Presho's land if in a very wet period the pipe was blocked off for a long time. Mr. Tryon said that is what he does not watt. 1 73.` The Chairman asked if it wasn't .„'better procedure to have Mr. Tryon request each time he wants to do it. Mr. Cataldo said the Board could say it had no objection if he would hold the water to a certain level. The Board had nocbjection, and Mr. Carroll was requested to come up with a level. Mr. Legro advised whatever the level might be, there should be a limitation so the other land will not be flooded. Mr. Carroll said he would be in touch with Mr. Legro on this problem. Mr. Cataldo said the sense of the Board is to get this done and it has spent more time on this than it has on any other problem. He said Mr. Carroll should go down there and get it done. Mr. Legro asked if Saturday morning at nine o'clock would be all right for the Chairman to go over the motions for the June 12 Special Town Meeting. The Chairman had no objection. Request from ?Porter & Desmond for permission to move four houses was held over to give Mr.Carroll an opportunity Permit to look into the matter. Upon motion duly made and seconded, it was voted to grantermission to the Mystic Valley Gas Company to locate a 4" medium pressure welded steel gas main in Carley Road to service #1L. Carley Road. Letter was received from Kenneth G. Packard, 31 Oakland Street, and a letter was also received from Paul D. Curley, 11 Round Hill Road, both communications in reference to drainage. Mr. Carroll said he would have a report and plan for the Board at its next meeting. Letter was received from Mr. M. E. Frederick, 16 Westwood Road, advising that he would like to connect to the sewer. Mr. Carroll explained this man is one house away from the trunk sewer. He recommended that the Board refuse him permission to connect until there is a peti- tion for sewer in all of iestwood Road. Gas Main Drainage Sewer Form letter was received from the Division of Civil Service, enclosing a copy of Chapter 21.6 of the Acts of 1967 providing for a change in the height requirements Police for police officers. 74. Tickets Form letter was received from the Waltham Taxpayers' Association bringing the Board's attention to House 1950 or House 1951. The Chairman said he would have to check the two bills to know their content. He thought it was on the distribution of the sales tax. Letter was received from Paul Hennessey, Chairman of the Faculty Ticket Committee of the Lexington High School, relative to tickets for graduation. The Clerk was instructed to request ten tickets for the Board. The Chairman read a letter from Mr. Donald K. Irwin, Vacation Building Inspector, relative to taking a portion of his vacation one day a week throughout the summer months. The Board had no objection. The Chairman read a letter from the New England Wild Flower Preservation Society, Inc., requesting pe'mission to collect certain uncommon native plants from Tophet Swamp. Permit Mr. Cataldo suggested, and the Board agreed, to have the Society contact Mr. Mazerall, Park Department Super- intendent, and explain exactly what it wants to do; Mr. Mazerall to report to the Board. Telephone call was received from Mr. Alan G. Adams advising thatRobert Barrett and Mr. Maxcy do not want Stencils for the stencils for addressing warrants. Unless he can addressing sell them, he will discard them and he pointed out someone warrants 1411 have a job addressing warrants for Town Meetings. He has 14,000 stencils which he valued at 12$ each. He stated he would sell them for $900. The Chairman said the Board would discuss the subject with the Appropriation Committee. Communication was received from The Star Spangled Banner Flag House, Baltimore, Maryland, in reference to Flag Week National Flag Week. Upon motion duly made and seconded, it was voted to proclaim June 11 - 17 as National Flag Week. Upon motion duly made and seconded, it was voted License to grant a Common Victualler License to Ralph J. A. Ruocco, d.b.a. The Country Store, 856 Massachusetts Avenue. Further consideration was given to the Dunfey Corpo- ration's application for an Innholder's License for the sale of all kinds of alcoholic beverages at 727 Marrett Road. 1 1 Mr. Gray said he requested Mr. Nicholson, attorney for the corporation, to furnish him with a floor plan of the Inn and designate the rooms listed in the letter, function rooms and the location of the service bar. Mr. Gray submitted the plan and indicated the various rooms and location of the bar. The Chairman said, #i, the Board has had a Mist of rules and regulations, prepared by Mr. Gray, which Town Counsel would look over. He said the Board is satisfied with the plot plan. He said the Board has to get back from them the fact they own the property and that the old Common Victualler License and Innholder License have to be relinquished. At that point, he felt the Board was in a position to issue a license if it had prior approval of the Alcoholic Beverages Commission. Mr. Cataldo mentioned that the Board had done this ]ret week. Upon motion duly made and seconded, it was voted to schedule Selectmen's Meetings for the months of June, July and August, as follows: June 12, 26; July 10, 24; August 14, 28; the first meeting in September to be held on September 11. All meetings, with the exception of June 12, are to be held at 7:30 P.M. The Dunfey Corporatia Meetings Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on May 29, 1967. 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 financial interest of the Town, Session the public security, or the reputation of any person. Following discussion with Mr. McQuillan, Chairman of the Board of Health, and matters of a legal nature with Town Counsel, it was voted to resume the open meeting. Mr. Legro and Mr. Carroll retired. The Chairman read a letter from Mr. Burrell, Director of Civil Defense, with regard to request for funds under Civil Article 3 of the Warrant for the June 12, 1967 Town Meeting. Defense Mr. Cataldo reported on the joint meeting held in regard to dumping material into the Lincoln Street dump Fill for area and said the Planning Board had invited the Chairman Lincoln St of the Land Use Committee to attend. He said it was the 76 unanimous feeling that Lincoln Street should be filled in with this material. He said it was the unanimous feeling that Mr. Carroll and Mr. Zaleski come up with some recom- mended grades for the Board. If the Board votes to pro- ceed, there will then be a meeting to which all the people in the area will be invited. At 9:25 F.M., Messrs. Blaisdell, Kolovson, Gary, Bretscher, Zehner, Mrs. Souza and Mr. Furash met with the Board to discuss motions for the June 12 Special Town Meeting. The Chairman said he had asked Mr. Burrell to be present, and that last week he, the Chairman, mentioned $3,000 under the Civil Defense Article, at which time the Appropriation Committee said it would give the matter consideration. Mr. Blaisdell said the committee has not considered making a change. He said, speaking for himself, he would not go to $3,000; the previous figure was on the warning system. He asked if the stocking would be completed this year or finished so it becomes a minimum thing in any sub- sequent year. Mr. Burrell said the total program cost $4,000 or $5,000 over three years, and it would cost $2pp to main- tain it each year. He explained this is for replacement and general checking. The Chairman said for all practical purposes this completes the shelter stocking for 32,000 people. Mr. Burrell said if the Board wants to make changes, he would accept them. The Chairman asked if he felt the creation of an Advisory Council would help, and Mr. Burrell replied in the affirmative. Mr. Blaisdell said the committee was recommending a program of $2,000. The Chairman asked what would have to be shut down if Town Meeting did not make any appropriation. Mr. Burrell said he had $1400 and it will cost $800 to operate the radio system. The following appropriation requests were agreed upon: Article 2, $25,000 from the Excess and Deficiency Account; Article 3, Selectmen's figure $3,200, tax levy; Article 4, $300, with possible change, tax levy; Article 5, $1,086, tax levy; Article 6, $3,000 tax levy; Article 7, $300 tax levy; Article 8, $16,000 tax levy; Article 9, $28,000 Excess and Deficiency; Article 10, $14,000 tax levy; Article 11, postpone; Article 12, $10,000 tax levy; Article 13, $26,000 tax levy; Article 25, $20,000 tax levy; Article 26, $23,000 tax levy. 1 1 Mr. Legro asked if anyone had checked with the Assessors relative to the tax levy. No one had, so the Chairman asked Mr. Gray to check the first thing Tuesday morning because motions for Town Meeting cannot be typed until some definite information in regard to the tax rate had been received. Upon motion duly made and seconded, it was voted to adjourn at 10:40 P.M. A true record, Attest: --til-C2� Selectm 77 78 Jurors Tax title Alcoholic beverages rules and regulations Tractor bids SELECTMEN'S MEETING June 12, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 12, 1967, at 7:00 F.M. Chairman Cole, Messrs. Cataldo, Mabee and Kenney were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. At trae request of the Town Clerk, two jurors were drawn. Those drawn for jury duty were Edward L. Dempsey, 119 Laconia Street, and Milton G. Choate, 10 Childs Road. Mr. Gray stated Mr. Legto, Town Counsel, had pre- pared a deedconveying a small portion of Hillside Avenue to Loran F. Wallace, et al. In November, 1965, the Board sold and conveyed lots 50 and 51 Hillside Avenue to Loran E. Wallace, et al. Upon motion duly made and seconded, it was voted to execute the deed, prepared by Town Counsel, conveying part of Lot 52 Hillside Avenue to Loran E. Wallace, et al. Mr. Gray stated that Mr. Legro had taken the proposed rules and regulations for sale of alcoholic beverages in motels and returned a copy of his -suggested redraft, in which he had changed the wording to some extent. The Chairman asked to have a copy of the proposed rules and regulations mailed out to each member of the Board. Mr. Carroll reported that he took bids May 17; on three tractors; one of which is for the Cemetery Department. He reported a total of ten tractors that were bid on from eight different suppliers. Mr. Carroll said he had demon- strations and he recommended an International Model tractor on all three from the L.P.R. Equipment Corporation of Natick. The Chairman asked if this was the low bid, and Mr. Carroll replied in the negative and stated the particular model he is recommending is the fourth bid. The specifi- cations were written around a tractor. They met most of the important specifications. Mr. Cataldo asked about the tractors, and Mr. Carroll explained they are rubber tires with buckets and a broom attachment on one. The Chairman asked if the low bid was so far off the specifications as not to be considered. 79 Mr. Carroll said his opinion is that the Board should buy the most desirable piece of equipment for the Town, and his recommendations are usually based on whther or not the particular piece of machinery met most of the specifications plus he did take into consideration how the equipment performed when demonstrated. The Chairman said when the Board has bids and does not award to the lowest bidder, it should state as clearly as possibly why, and the answer is Mr. Carroll is getting more for this money. Mr. Carroll explained the lowest bid did not meet most of the specifications. Mr. Mabee asked why Mr. Carroll was recommending the fourth highest bidder. Mr. Carroll replied because he felt the machine he was recommending performed the best in the demonstration and he felt it met most of the important parts of the specifications. Mr. Mabee asked if, as he wrote the specifications, the lowest bidder met the specifications. Mr. Carroll replied if he had to meet every specifi- cation, he would have to recommend the eighth highest bidder. Mr. Carroll said the #5 tractor is now low if the Board takes the two the Selectmen are going to buy; the #1 becomes second; the second becomes three; the sixth becomes fourth; the fourth becomes fifth and the third becomes seventh. He said he tried to make a recommendation that would be best for the Town as a whole. The Chairman said the Board is all agreed on standardi- zation. Upon motion duly made and seconded, it was voted to accept the bid of L.P.R. Equipment Corporation at the bid price of $15,268.00. It was agreed that the Board would meet next Monday, June 19, 1967, to go over applications received for the Meeting position of Superintendent of Public Works. The Chairman stated that the School Department is letting its personnel off July 3, the day before the 4th, and asked if the Board had any comments in regard to the July 3 other Town employees. Upon motion duly made and seconded, it was voted to close the Town Offices on July 3, thereby giving the Town employees a long weekend holiday. Requests from Porter and Desmond for permission to move four buildings were held over again. Permit 80 Drainage Letters from Kenneth G. Packard, 31 Oakland Street, and Paul D. Dudley, 11 Round Hill Road, regarding a drainage problem, were held over from the last meeting of the Board. Mr. Carroll submitted a plan and explained that water comes down Glen Road, a public way, into a catch basin, runs through a pipe into another catch basin which is not connected to anything and overflows that basin, runs down. He said the solution is a drainage ijistam'%Otobabigi tri the : lctt1Stty of $13,000. He said this is strictly a budget item right now. The Chairman said this is something that will be considered in the next budget, and he would so advise Mr. Packard and Mr. Dudley. Letter was received from the Board of Hekith rela- tive to a meeting it had with Mr. George Archer, 160 Lincoln Street, in regard to the conditions at the lo- cation on Lincoln Street formerly used as a Town dump. Lincoln St. The Chairman said he discussed this with Mr. Carroll recreation and many of the things mentioned in the letter are being area taken care of. He said he went over to the area and there are parts of old cars, and he did see something that could have been a refrigerator, but it was partially immersed. Mr. Carroll said he had a connection put under the drain down in back and relieved most of the water that was trapped in there. He also stated today he had Mr. Weisinger dig a ditch to alleviate the whole problem. He said some refrigerators were also taken out. Upon motion duly made and seconded, it was voted Dog Warrant to sign a Warrant pertaining to all unlicensed dogs in the Town. Letter from Morris Fulman, attorney for William and Pearl G. Nyerow, 3 Suzanne Road, stating his clients Damages feel the award of damages for a sewer easement takttag are inadequate, was referred to Town Counsel. The Chairman asked the members of the Board to go Jury list over the proposed 1967-1968 jury list and return them to the office. Upon motion duly made and seconded, it was voted . Minutes to approve the minutes of the Selectmen's. Meeting held on June 5, 1967. The Chairman read a letter from the Executive Retirement Clerk to the Board stating it is her intention to retire from the employ of the Town, effective July 14, 1967. 81 Mrs. John C. Mott -Smith, 108 Pleasant Street, submitted a copy of letter she received from Commissioner Ribbs, State Department of Public Works, stating the De- partment is in no way involved with the Town's Worthen Worthen Road proposal; therefore, there is no further information Road forthcoming from that Department and that Worthen Road is solely within the province of the Town. The Chairman said Mr. Ribbs would be contacted and this will be resolved. Mr. Cataldo said the sewage problem at the Arlington - Lexington line is serious and perhaps he should have mentioned it before. He said it has been overflowing for years and is now reaching the point where the people in the whole area are concerned. He said the Board should schedule a meeting with Mr. Whitman, M.D.C., to see if it can get the relief sewer in the final design and bid stage. It was agreed that the Chairman and Mr. Carroll would arrange a meeting as suggested by Mr. Cataldo. Mr. Cataldo said Mr. Carroll had prepared a plan of the area on Lincoln Street, formerly used as a dump, showing grades to build up to. Mr. Carroll submitted a plan which was explained by Mr. Cataldo. The Board agreed this would be the general concept to work to and also to hold a meeting with the residents of the area to acquaint them of what the Board proposes to do in this area. Appointment of a member from the Board to serve on the beautification committee was held over. Upon motion duly made and seconded, it was voted to adjourn at 7:50 F.M. A true record, Attest: Sewage Arlington - Lexington line area Lincoln St dump area Executive Clerk, Selectmen 82 Jurors SELECTMEN'S MEETING June 26, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, June 26, 1967, at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendentof Public Works, and Miss Murray, Executive Clerk, were also present. At the request of the Town Clerk, two jurors were drawn. Those drawn for jury duty were Calvin Keeler, 101 Kendall Road, and Robert E. Dean, 1949 Massachusetts Avenue. Hearing was declared open upon petition of the Boston Edison Company for permis$ion to locate manholes and conduit in Waltham Street. Conduit & Notices of the hearing were mailed to property manhole lo- owners as listed on the petitioner's plans and also cations filed with the Superintendent of Public Works. Mr. Pratt, representing the Boston Edison Company, explained this is public authority road work; poles are to be removed and underground conduit and manholes put in Waltham Street under Route 2. He explained this is in connection with the reconstruction. Mr. Paul A. L'Antigua, 758 Waltham Street, requested further information. Mr. Pratt explained the proposed locations on a plan and stated some of the work has been done and the installations would be in the middle of the street. The Chairman explained there are no takings involved. Mr. Whitney Smith, 214.1 Highland Avenue, Winchester, said he was representing John and Ethel Daly, 54 Forest Street. After hearing Mr. Pratt's explanation, he said he had no objection. Mr. L'Antigua also stated he had no objection. No one else wishing to speak in favor or in oppo- sition, the Chairman declared the hearing closed. Upon motion duly made andseconded, it was voted to grant the petition and sign the order for the follow- ing conduit and manhole locations: Waltham Street, southerly from a point. approximately 95 feet south of Blossomcrest Road, a distance of about 2,030 feet, -- Two manholes and conduit. 1 Mr. Legro said he had a contract between the Town of Lexington and Avon Construction Company for sewer work in the Town of Lexington; a contract the Board had Sewer voted to award. contract Upon motion duly made and seconded, it was voted to sign the contract between the Town of Lexington and Avon Construction Company as submitted by Town Couneel. Mr. Legro said he had two Orders of Taking ruing to the New Amsterdam Universal Builders; one.covering the parcel to be acquired for street, sewer, drain and recreation purposes, and the other one covering the land to be acquired for conservation purposes. Upon motion duly made and seconded, it was voted to sign the Order of Taking, as prepared and submitted by Town Counsel, relating to a parcel of land owned by the New Amsterdam Universal Builders to be acquired for street, sewer, drain and recreation purposes. Upon motion duly made and seconded, it was voted to sign the Order of Taking, as prepared and submitted by Town Counsel, relating to a parcel of land owned by the New Amsterdam Universal Builders to be acquired for conservation purposes. Mr. Legro explained the orders will not be recorded until he receives an agreement from the other party or confirmatory deeds and releases. Mr. Legro said he received the plan for the Pihl property this afternoon. He presumed the Board would have to wait for two weeks until it meets again. In this case, he would have to ask Mrs. Pihl for an ex- Pihl land tension. The other alternative, if the Board wanted to, it could vote to adopt an Order of Taking. Upon motion duly made and seconded, it was voted to make the taking; damages to be in accordance with the agreement, the Board to sign the Order of Taking when it is in proper form. Mr. Gray presented a bill, received from Whitman & Howard, in the amount of $877.36 for engineering services Bill - Lex through June 1, 1967, relating to widening and beauti- ington Motion of Lexington Center. Center Upon motion duly made and seconded, it was voted to approve the bill for payment as received. Mr. Gray stated the Knights of Columbus want to use the Parker Field from August 7, 1967 to August 12, 1967 for a carnival. 84 The Chairman asked if this would conflict with the summer recreation program, and. Mr. Gray stated he had no discussed it with Mr. Bertini. Mr. Mabee said there is a regular suer program. Mr. Kenney asked if Mr. Gray had checked with the Police in regard to parking. Mr. Gray was instructed to discuss the request with Mr. Bertini. Mr. Carroll said Mrs. Smith, who livors at the corner of Marrett Road and Kendall Road, came in to see the Board. Kendall He said he had some plans which he has gone over with Mrs. Road Smith and her husband and the recommendation he was going to make satisfies Mrs. Smith, that the pavement in Kendall Road be twenty-four feet wide and be five feet from the center line. He said it is planned to build a sidewalk on their side of the street behind the trees. He reported Mr. and Mrs. Smith are satisfied the Town has done the best it can. Bid Bid Mr. Carroll reported on bids taken for a Gallion roller and recommended, on the basis of the bid and demonstration that the low bid of $4,000.00 submitted by the E. J. Bleiler Equipment Co., Inc., be accepted. Upon motion duly made and seconded, it was voted to accept the low bid of $4,000.00 for a Gallion roller submitted by the E. J. Bleiler Equipment Co., Inc. Mr. Carroll reported on bids taken for resurfacing streets and submitted each member of the Board with a summary. He recommended thatthe Board accept the bid submitted by the Essex Bituminous Products Corporation. Upon motion duly made and seconded, it was voted to accept the bid of $39,550.00 for street resurfacing work submitted by the Essex Bituminous Products Corporation. Mr. Carroll stated tree hearings were held today on Massachusetts Avenue, and all four trees he had dis- cussed with the Board a couple of weeks ago. He ex- plained two are in front of #1404, one at #1355 and one at #1347 Massachusetts Avenue. The only objections were from people at the tree in front of #1355. No one appeared at the hearing on the trees in front of $1404. He reported that the owner of the property called him last week and requested that the trees be removed. He said he recommended that those two trees be removed in connection with the construction of Massachusetts Avenue. He said six people were present at the hearing on the tree at #1355 Massachusetts Avenue and none of them had 1 85 any strong objection. They would like to see the tree saved, but he thought they were sympathetic to the fact the road widening does necessitate taking the tree down. No one was present at the tree hear- ing, #1347 Massachusetts Avenue. Mr. Carroll recom- mended that all the trees in this particular case be taken down and he would like to be able to take the trees down unless there is written objection. The Chairman said the Board would pass a motion if no written petition is received within the twenty-four hour period in the proper form, to take the trees down. Mr. Cataldo explained if there is no opposition, no action is required by the Board. He said the motion should be if a petition does come in, to give him authority to take the trees down. The Chairman suggested that this be left and see if a petition does come in. Mr. Carroll said there is some question about the Bedford Sewer and there was talk about a date of July 1. There was some talk there had to be a request in by Bedford July 1 for Federal aid. He reported checking this with sewer Whitman & Howard who had it checked and was informed that no grant can be made until the money is appropriated. He said he could get a letter stating the Town will be eli- gible for these funds. At 8:00 P.M., hearing was declared open, under the provisions of Chapter 139, Section 1, of the General Laws of Massachusetts, relative to the buildings located at 465-475 Massachusetts Avenue, owned by George Lawless and Cecilin Lawless, 304 Chapman Street, Canton, Massa- chusetts. Mr. George H. Lawless, owner of record, and his son Richard Lawless were present. Mr. George Lawless said when he took the property over he did not know about the previous hearing. He has two or three people now to get rid of the property. They know and he knows the buildings have to be moved. He said if the Board would bear with him a little longer, he thought he could get this straightened out. Mr. Gray stated when he talked to Richard Lawless, he asked for time and there has been considerable time. The Chairman asked how much time is involved. Mr. Richard Lawless replied he might know something definite this week, but the Board could not pinpoint him to that. He said he definitely would hear from two separate parties thisweekbut to incur the cost of re- moving the buildings, he would lkke to sell them without 465-475 Mass. Ave. 86 doing it. They will be sold to either renovate or tear them down. The Chairman asked if it was possible, having held the hearing, to postpone this. Mr.Lawless said he agreed Mrs. Lawless received a notice. Mr.Legro said if there was going to be a change in ownership, the Board would have the same process all over again and he thought the Board could hold it. Mr. Cataldo asked Mr. Lawless what length of time he was considering. Mr. Richard Lawless asked what the Board wanted done to the property. The Chairman replied the Board wants the property made safe or torn down. Mr. Richard Lawless asked if the Board was refer- ring to all three buildings, and the Chairman replied all three buildings are in need of repair. Mr. Richard Lawless said they were going to sell the property outright. The Chairman said the Board has exercised a great deal of patience with Mr. Lawless and with the former owner, and the next meeting is two weeks from tonight. Mr. Richard Lawless said one individual wants to renovate and one wants to take the buildings down. Mr. George Lawless asked about postponing this for a month, and the Chairman said he would prefer going on a two-week basis. Mr.Lawless said a month would give them time to operate. The Chairman said he was suggesting a two week post- ponement, and in that time, Mr. Lawless might show some progress. Mr. Legro suggested that the Board might, in those two weeks, let Mr. Lawless know what things are to be done. Mr. Lawless said they covered the windows with ply- wood which was taken down. The Chairman suggested, and the Board agreed, to give Mr. Lawless thirty days in which to make corrections; the Board still having the option if good faith were shown by Mr.Lawless to extend this. Mr. Lawless said that would be great, and asked what the Board wanted him to do now. The Chairman asked Mr. Gray to contact the Building Inspector and let him know what should be done. Mr. Cataldo pointed out any renovations would have to go before the Historic Districts Commission. The Chairman said if they are going to do a renovating job, they would have to have a Certificate of Appropriateness 1 1 from the HistoricDistricts Commission. He asked Mr. Gray to get in touch with the Building Inspector and have a letter sent to Mr. Lawless in the morning. The Chairman said the Board would give thirty days for the demolition of the buildings and the necessary repairs he would be notified about should be taken care of within a week. He said if Mr. Lawless is showing progress at the end of thirty days, the Board could ex- tend the time. It was agreed to approach the matter in this manner, and the hearing was declared closed. Letter was received from Mr. Legro with reference to a copy of the Cabot, Cabot & Forbes Co. letter of June 7, 1967, relating to the "75' Wide Drain Easement and Proposed Drain Easement". Mr. Legro said he thought this was something that should be discussed with them. The Chairman suggested making an appointment for Cabot, Cabot & Forbes for two weeks from tonight. Mr. Cataldo suggested that Mr. Legro and Mr. Carroll get together with them. Mr.Legro said he thought more could be accomplished that way than discussing this at a regular Selectmen's Meeting. It was -;agreed that Mr. Legro and Mr. Carroll would work with counsel for Cabot, Cabot & Forbes. Order of Conditions was received from the Department of Natural Resources in regard to Hartwell -Lexington Trust by Cabot, Cabot & Forbes. Mr.Legro said this properly relates to the above subject, and the Chairman gave him a copy of the Order of Conditions. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a Liquor Purchase Identification card for Robert Heiligmann, 25 Harbell Street. Upon motion duly made and seconded, it was voted to adopt the following Rules and Regulations for sale of alcoholic beverages in motels: The Clerk was instructed to send a copy to the Chief of Police and both motels. Cabot, Cabot & Forbes' drain easement Hartwell- Lexington - Trust I.D.Card 88 RULES AND REGULATIONS FOR ALL MOTELS SALE OF ALCOHOLIC BEVERAGES 1. Subject to further limitations fixed or from time to time modified by the Board of Selectmen with respect to a particular license and those set forth in these rules and regulations and the General Laws of Massachusetts, the hours during which sales of alcoholic beverages may be made by any licensee shall be from 11:00 A.M. to 11:00 P.M. on secular days and from 1:00 P.M. to 11:00 P.M. on Sundays. 2. The hours during which sales of alcoholic beverages may be mads in a dining room are further limited to the times when the dining room is open and food service is available. No alcoholic beverages may be sold or served in a dining room before the dining room is open and food service is available nor after the dining room has been closed and food. service has been suspended. 3. No cocktail lounges are permitted in the Town of Lexington. Service bars are permitted only in locations expressly approved and authorized by the Board of Selectmen. No stools or chairs are permitted at any service bar, and no alcoholic beverages are to be sold or served to be drunk at suhb bar. !4. The service of food is a requirement in all areas serving alcoholic beverages except in function rooms or rooms approved by the Board of Selectmen. 5. The sale and service of alcoholic beverages must cease immedi- ately at any time not permitted by these rules and regulations. 6. All applicants must submit to the Board of Selectmen with the application for a license a floor plan of the building on which is clearly marked and designated the location of proposed service bars and the dining rooms, function rooms or other rooms in which approval of the Board of Selectmen for the sale of alcoholic beverages are prohibited in any areas or locations not expressly approved by the Board of Selectmen, and no change in such area or location may be made without prior approval of the Board of Selectmen. 7. Room service to registered guests of the motel will be per- mitted only by express approval of the Board of Selectmen. Adopted June 26, 1967 BOARD OF SRLROTMEN co c. 1 1 89 Letter from Morris Fulman, attorney for William and Pearl G. Myerow, 3 Suzanne Road, was referred to Myerow Town Counsel. Mr. and Mrs. Myerow feel that the award damages of damages for a taking of a sewer easement is inadequate. Letter was received from Frederick J. Conroy, attorney for James Eplett, 28 Constitution Road,Lexington with copies of bills from Fred Miller & Sons for removal of rubbish. Claim Mr. Leg10 advised anything that comes in on this should be referred to the insurance company. The Chairman asked Mr. Gray to take care of this. Letter was received from Mark Moore, Jr., stating on Monday, June 19, 1967, he submitted a preliminary Moore subdivision plan to the Planning Board of land located subdivisiot adjacent to Bedford and Revere Streets which is to be followed on or about July 10 by a definitive plan. Mr. Moore would like the Board to schedule the construction of the pumping station as early as possible so that this subdivision can be tied into it. Mr. Carroll submitted a plan and indicaed the parcel_ of land to which Mr. Moore referred, and said the pro- perty should be sewered down along the railroad track. He said in the Town's overall plan, it is planned to have a pumping station at that point. The money involved between the pumping station and the force main, is $30,000. He recommended, assuming there is a definitive plan, that part of the appropriation of last March, $250,000 be used to build the pumping station and force main. Mr. Moore would do all the work out to Revere Street. Mr. Cataldo asked about Mr. Moore's schedule, and Mr. Carroll replied he is talking about the fall. Mr. Cataldo asked if he were talking about build- ing the road or the houses, and Mr. Carroll replied he did not know. He said he thought the Board should indi- cate to Mr. Moore that it will be ready to go ahead when he is. Mr. Cataldo said he thought the Board should have something more than a definitive plan. Mr. Carroll said the Board could also ask him for his time schedule. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign an Agreement with the Pole Boston Edison Company for the location of one pole at location the corner of North and Adams Streets. Upon motion duly made and seconded, it was voted to grant permission to Porter and Desmond, subject to 90 the established conditions, to move the fdlowing buildings: House and two -car garage from 5 Fairview Avenue to 185 Wood Street. House from 3 Bonair Street to 185 Wood Street. House from 32 Hayward Street to 3 Dewey Road. Upon motion duly made and seconded, it was voted to grant permission to Mrs. Robert T.Paine, New England Wild Flower Preservation Society, Inc., Mrs. Philip L. Holden, 19 India Springs May, Wellesley Hills, Mrs. Lloyd Allen, 480 Pleasant Street, Belmont, and Mr. Rolla Tryon, 100 Pleasant Street, to collect plants from Tophet Swamp, it being clearly understood it is to be entirely at their own risk and responsibility; the Town of Lexington to be indemnified of any claim if any damage should befall them while they were in the area collecting plants. TheChairman read a letter from the Planning Board advising Mr. John Essarian, who is dubdiviging a portion Essarian of his land. off Nickerson Road and Morgan Road is will - subdivision ing to sell to the Town the remaining portion containing 3.2, more or less, acres. The acquisition of this land is recommended by the Planning Board for a neighborhood park, picnic and recreation area, and is one of the pro- posals in the Town Recreation Plan transmitted to the Board last year. Mr. Gray was requested to obtain an opinion of value of this parcel of land. Letter was received from Mark Moore stating that he could construct a birchwoodframe for the Diorama display in the Information Center for $250. Mr. Cataldo said when this was viewed with Mr. Nickerson, he felt it should be built up from the bottom and Mr. Cataldo agreed with him. He said he did not think the bottom should be repaired and leave the top as it is. He said, because of his position, Mr. Nickerson would rather not handle it. He also recom- mended that an individual in thesame type of business come up with a recommendation. Mr. Cataldo said he thought the Board should obtain a bid from this indi- vidual. was Mr. Gray/asked to follow this through. Mr. Cataldo said Mr. Moore would work with this man. Mr. George P. Morey, Chairman, Trustees of Public Trusts, met with the Board, and stated he was at the 9t meeting for two purposes. The chief one is getting rid of the monies in the hands of the Trustees of Public Public Trusts. He said he was instructed by the Trustees, at Trust their last meeting, to take up with the proper authority Funds the use of various monies. He said he would like to review various trusts where the Trustees have money and ask the Board to ask him for the said money. He said the first one is the Bridge Charitable Fund, money to be used at the discretion of the Selectmen among the deserving poor of the Town without distinction of sex or religion. He said theTrustees have $14,937.73 with an accumulated income of $9,850.10. He said the Board has a request from Mr. Collins asking for $500 for camp children of the Mystic Valley Health Association and he hoped the Board would ask him for the $500, and when this goes through, he will still have $9,300.00 left. Mr. Morey said the Trustees have a fund, the Orin W. Fiske Fund for the maintenance of the Lexington Battle Green, or the monuments erected thereon. The Trustees have $127.58 and any figure given this evening will be different the first of July. He asked the Board, if it asked him for money, to ask for approximately so much or whatever is in this fund. He said he did not see why the Fiske Fund, accumulated fund, should not be used for ordinary functions of the Town to maintain. He said if Mr. Legro objects., let him speak up. Mr.Morey sad the income from the Beals Fund is for the benefit of worthy, indigent, aged men and women over sixty years of age, American born. The trustees have an original amount of $2,000.00 and an accumulated income of $2,697.91. He said he thoogYt, Mr. Collins should be instructed to call on him any time he has a worthy sub- ject under the Beals Fund. The Frederick Emerix Fund is to take care of the grading of foot paths up here is none of the Board's busi- ness. He said he had $1,314.00. Maybe it is the Board's business. Any time it wants to fix Depot Square, there is $1300 there. Mr. Morey said, with reference to the Fiske Fund, the Board could not do anything about it. The Charles French Colonial Cemetery Fund for the care of the older part of the Cemetery where the remains of John Hancock and his wife are. The Trustees have an accumulation of $915.28. Mr. Morey said he thought that should go to the Cemetery maintenance and he would like to be requested to take that money for that. Mr. Legro asked if Mr. Morey meant the Colonial Ceme- tery, and he replied in the affirmative. Mr. Morey said the French Medal Fund is up to the 9'2 School Committee. The Trustees have a George Gilmore Fund. He gave to the Town $10,000, the income to be used as the Town may from time to time vote in the opinion of the Selectmen the principal of said fund may be applied. Then the principal of the fund may be so applied upon vote of Town Meeting authorizing the same. He said the Trustees have an accumulation of $5,807.43. Mr.Morey said the Harriet Gilmore Fund for the benefit of poor people in Lexington, whether the same shall be inmates of the Alms House or otherwise, was originally $500. The Trustees have $863.57. He sug- gested that Town Counsel consider whether he should go to the Courts and change the purpose of this request. Mr. Legro skid it says whether they are or not. Mr. Morey said this should be at the disposal of the Welfare Agent. Mr.Morey said they lye the Hayes Fountain Fund which had $800.00 and the Trustees now have $700 more. He said he thought this shodd go into the Park Depart- ment Funds. The income is to be used for the perpetual care of the fountain and grounds immediately around it. The Chairman asked if that meant there had to be a fountain there. Mr. Legro advised this is for the maintenance of the fountain and the grounds. Mr. Morey said the Everett Mulliken Fund income is to be used under the supervision of the proper Town authorities for the care of Hastings Park and has an accumulation of $2750.32. He said that has to go to the Park Department. Mr.Morey said there is the Edith Redman Fund and the Trustees are going to give $270.00 ftir the maintenance of the Battle Green. Be said they had $500.00 and there is an accumulation of $336.00. He stated that Mr. Perry and Mr. Mazerall asked for $270.00 and this fund is in pretty good shape. Mr.Morey said the George Taylor Tree Fund was originally $2,000.00 with an accumulation of $990.00. He said he thought the Park DeparLzunut should ask the Trustees for any part of this. It is to be spent for the care, purchase and preservation of trees for the adornment of the Town. Mr. Morey said the Iifllam Towne Memorial Park Fund income is to be applied by the Town in each and every year for the care, maintenance and improvement of Tower Park. It was originally $9,800.00 and has an accumu- lation of $2,000.00. He said the Board should ask the Trustees for any part of that. 1 93 The Chairman said when the notes are transcribed, the Departments will be aaksed to ask for funds wherever proper. Mr.Morey asked that the request be made to him. He said Mr. Legro and he should review these funds. Mr. Morey retired at 8:50 P.K. Mr. Earl Outhet met with the Board and said he had a definitive plan for his subdivision off Wood Street. He stated Mr. Carroll had said it would have to be sewered. He explained what he intends to do regarding sewer by use of a plan and said he would design a siphon sewer from a Outhet sub point he indicated on the plan to Patterson Road. division Mr. Carroll stated there is no sewer in the area and the ultimate plans would be to run a sewer line which he indicated on the plan. He said at the time the sewer comes down through the valley, it will also pick up Patterson Road.. which has a town -owned pumping station. He said he felt this comes close to the Town sewer and the Board should not let septic tanks go in. He said Whitman & Howard designed a sewer main that would work as a temporary sewer. It will work, but it is a tempo- rary measure only. He said when the sewer comes up the valley, he will be in a position where he can con- struct sewer, manhole, eliminate a pumping station and he would be in business. He felt the Town should run the main from Patterson Road over to Mr. Outhet's pro- perty or pay him for running it. He said the problem is a taking of a sewer easement over the Benzaquin pro- perty. He said the Town has to make a taking. The Chairman asked if Mr. Benzaquin was aware of this, and Mr. Outhet said he could get an easement from Mr. Benzaquin by having it drawn up and he will sign it. Mr. Carroll said the taking would be made fer a defi- nite public purpose. He said he did not feel the temporary situation would be an undue maintenance problem. Mr. Kenney asked if there was any money that would not be recovered because of the temporary situation. Mr. Carroll said he did not think so, and he was talking in the vicinity of $2,000 or $3,000 as far as the Town is concerned. The Chairman said the immediate problem is accepting Mr. Carroll's recommendation to proceed to take care of this subdivision. Upon motion duly made and seconded, it was voted to accept the recommendation as presented by Mr. Carroll. The Chairman asked for a time sehedule. Mr. Outhet said he was going to start in as soon as he has approval from the Planning Board. He wants to get going as fast as he can. 94 Borrowing The Chairman said bhe Board would wait for Mr. Outhet's definitive plan before making a taking of the Benzaquin property. It was agreed that Mr. Carroll would work out the details with Mr. Outhet. Mr. Outhet retired at 9:00 P.M. The Chairman read a letter from the. Town Treasurer, advising it is necessary to borrow $800,000.00 in antici- pation of taxes. Upon motion duly made and seconded, it was voted to approve the following bids: Newton Waltham Bank & Trust Company Lexington Trust Company New England Merchants Nat'l. Bank of Boston $4.00,000. 2.35 discounted 300,000. 2.40 discounted 100,000. 2.43 discounted The Chairman read a letter from the Bureau of Old Age Assistance requesting a transfer of $500 from the Tstansfer income of the Bridge Charitable Fundto pay for summer camp experiences for children whose families are in re- ceipt of assistance. These children have been under the supervision of the Counsellors at the Mystic Valley Mental Health Association. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to approve an expenditure of $500 from the income of the Bridge Chari- table Fund as requested by the Old Age Assistance Depart- ment. Notice was received from the Alcoholic Beverages Con- trol Commission calling the Board's attention to the pro- visions of the Liquor Control Act insofar as they relate ABC Notice to the sale and delivery of alcoholic beverages on Independence Day, Tuesday, July 4., 1967. Upon motion duly made and seconded, it was voted to conform to the provisions received. Upon motion duly made and seconded, it was voted Cert. of to certify the character of Ruth W. Helms, 3Z8 Marrett Inc. Road, who has applied to the Secretary of the Common- wealth for a Certificate of Incorporation. Upon motion duly made and seconded, it was voted to grant permission for a square dance to be held at the Permit junction of Barberry Road and Stonewall Road on June 30, 1967, or, in the ease of inclement weather, on July 3, 1967. Letter was received from Hugh M. Chapin resigning f'rein the. Speeie1''Office Building Cbmmi'tt'ee- because he believes that this project fails within the intent of Article 73 of the March, 1967, Town Meeting which created a permanent Building Committee. Upon motion duly made and seconded, it was voted to accept the resignation and advise Mr. Chapin that it is the Board's opinion, in this particular instance, that the Special Office Building Committee should continue to the completion of the project. Resignatio M or ndum was received from the Metropolitan Area Planning Council with reference to the Solid Waste Disposal Bill, H-4.983. Bill Upon motion duly made and seconded, it was voted H-4.983 to authorize the Chairman to vote against this bill. Letter was received from the Planning Board advis- ing that Mrs. Natalie Riffin would represent that Board on the Townwide Beautification Committee. Beautifi- The Chairman suggested, as the Board's designee, cation Mr. Dawson of Sasaki & Dawson. Committee Mr. Gray was requested to give the members of the Board the names of those who have been appointed to the Committee. Upon motion duly made and seconded, it was voted to approve the proposed Jury List for 1967-1968. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on June 12, 1967. Jury list Meeting Upon motion duly made and seconded, it was voted to nominate William L. Potter to serve on the Board of Assessors. Assessor No other names being submitted, nominations were closed. Upon motion duly made and seconded, it was voted to appoint William L. Potter, 21 Fair Oaks Terrace, an Assessor to fill the unexpired term of Lewis L. Hoyt, ending January 1, 1969. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discuss- ing, deliberating or voting on matters which, if made Executive public, might adversely affect the public security, the Session financial interest of the Town, or the reputation of any person. Following discussion with Mr. Gray pertaining to personnel, it was voted to resume the open meeting.- Mr. Donald E. Nickerson met with the Board. Mr. Nickerson said the whole story is on the National Park. There was a meeting the other night. The Chair- man, Mr. Bortman, died two weeks ago and the committee lost David Little who has gone to Salem. He said actually there are only two left of the original members. They have acquired 65% of the 750 acres and with payments and commitments, they have used the $5,000,000. It is necessary to get $3,000,000. to complete this park. He said he was concerned about it being done in 1975. He said it was agreed a meeting ::mould be held in September to consider completion date and possible methods of achieving it and. discuss the possible people who should be contacted like Congressman McCormack and Senator Bradford Morse. He said in line with this, the group thought it would be advisable to consult with the Boardsof Selectmen in Concord, Lincoln Mid Lexington to see what they might think would be a proper method of arousing town -wide interest and get- ting some assistance. He said the new member from. Concord is the Chairman of the Board there and he will take this up with his Board. Mr. DeNormandie will take it to his Board in Lincoln. He asked the Board of Selectmen to give this some study and let him know before September what its advice will be. The Chairman mentioned calling a meeting of the Towns affected and inviting someone knowledgeable from the Council. Mr. Nickerson said he thought that would be fine. Mr. Cataldo asked if M. Nickerson was trying to arouse public interest in Lexington. Mr. Nickerson replied he was trying to arouse kind of political interest at the Washington level. Mr. Nickerson retired at 9:25 P.M. Mr. Cataldo, with reference to the Lincoln Street area formerly used as a dump, said an information meeting had been held and was attended by about seventy-five people. They had some concern but he thought everyone is going to accept the project on the basis it will be done in the best way the Board knows how. He said a public hearing is being held tomorrow night by the Board of Health. If that Board sees fit to grant the Selectmen permission , he would like to meet with Deliatteo, Mr. Legro and Mr. Carroll. He said he would like per- mission from the Board for the Chairman to sign an agree- ment. The Chairman said he would sign the agreement for the Town. 1 Mr. Cataldo said there would be a performance bond, a time limit and route of travel, and these would all be -in the agreement. Mr. Kenney asked if they were going into the grades Mr. Carroll set up. Mr. Cataldo replied in the affirmative. He stated this will save the Town about $240,000, and will take approximately sixty working days. Upon motion duly made and seconded, it was voted if the Board of Health approves, after its public hearing, to authorize the Chairman to sign the agreement for the Town. Upon motion duly made and seconded, it was voted to adjourn at 9:35 P.M. A true record, Attest: / .Exe tineClerk, Selectmen 97 98 SELECTMEN'S MEETING July 10, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, July 10, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo and Kenney 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 said he had a contract between the Town and Essex Bituminous Concrete Corp. for street work in Street work the Town, the Board having previously voted to award contract the contract. Upon motion duly made and seconded, it was voted to sign the contract, as prepared and submitted by Mr. Legro, between the Town and Essex Bituminous Concrete Corp. Order of Taking Claim Mr. Legro Pihl property. Upon motion to sign the Order by Mr. Legro. Mr. Gray said he had Daley accepting the Town's of damages for a taking on just came in today. Mr. Legro said Mr. Carroll formation he has on thetitle and it up qa quickly as he could and the Ton.. said he had an Order of Taking of the duly made of Taking and seconddd, it was voted as prepared and submitted a letter from Mrs. Royston T. offer of $50.00 in settlement Lake Street. He said this would give him what in - he would then follow obtain a check from Mr. Gray mentioned the fact several claims have been received for cellar damage, etc., and were referred Insurance to Brewer & Lord. He said he asked Mr. Stolz for a quotation for proper insurance coverage, and he also read a letter on the subject received from Mr. Legro. Upon motion duly made and seconded, it was voted to place increased insurance coverage on property damage and Mr. Gray was instructed to make whatever arrange- ments are necessary with the insurance company. Mr. Gray reported receipt of a letter from Guyton A. Heritage Nicolai, Jr., 92 Brook Street, Wellesley, regarding the Acres' subdivision, Heritage Acres. subdivision Mr. Carroll said he has talked to Mr. Nicolai and he is concerned about the timing of his subdivision off Volunteer Way. He said the Town is in the process of building the trunk sewer, to which the trunk sewer to which Mr.Nicolai refers, will connect. Mr. Carroll suggested to him theBoard might write something to him stating what the tentative schedule of construction is. He said he would compose the letter for the Chairmants signature. Mr. Gray said in May he had a meeting with Tropeano and Nylander in regard to construction in Hartwell Avenue. They were to let him know the first of June what the schedule is. He said he talked today to Mr. Newhouser, Pr®sident of the Association. They will be going out to bid for the first module in two months. They hope to start first construction in October, shooting for June or August in 1968 when they expect to be in. Mr. Carroll said nothing has been done with that sewer, as it was decided before, until the Town gets some information from them. He asked if the Board had suffic- ient information to start a survey on the line. Mr. Gray said they would be glad to discuss this with the Board. They have the financing all arranged and will be out to bid in a month and start breaking ground in Sept- ember or October. Mr. Cataldo asked Mr. Gray to follow this up and come back to the Board witha letter. Mr. Gray reported receipt of a letter from the Lexington Motor Inn, received this morning, requesting permission to give room service to registered guests of the motel to serve liquor in the glass only; permission to serve liquor in theout-door terrace area to public guests and on occasion to private parties, and permission to serve liquor to private • parties after the dining room is closed but not later than 1:00 A.M. Mr. Cataldo said he was opposed to the 1:00 A.M. time and he would not want to go much beyond 11:00 P.M. As far as he was concerned, the 1:00 A.M. is definitely out. Upon motion duly made and seconded, it was voted to permit room service to registered guests of the mote.; outdoor terrace, providing dining is involved, and service up until twelve midnight for special functions. Mr. Gray read a letter, dated June 23, 1967, from Richard M. Perry, Comptroller, with reference to the data processing center for theTown. Mr. Cataldo said he thought this should be established, and also he thought it would be a tremendous help to the building committee. 99 Hartwell Avenue construc- tion Motel liquor service i00 The Chairman suggested that Mr. Gray report to the Board. Mr. Cataldo said the Board should give some con- sideration relative to discussing this with the School Data Department, as the Board had been discussing a Town -wide processing system integrating the school system. center The Chairman suggested a representative from the School Department serve on theadvisory board suggested by Mr. Perry. Mr. Gray was requested to check the Town Meeting Members for a representative and also the Appropriation Committee. The Chairman asked the Board to be prepared to make the appointments to an advisory board at the next Select- men's Meeting. Messrs. Arthur O'Brien, Ralph Overlander and Cleo Beauchamp, of the New England Telephone and Telegraph Company, met with the Board. The Chairman explained that his letter to Mr. Faye Underground is not valid now. wiring Mr. Carroll reported he had gone over the list of streets in that letter with these gentlemen this evening. Mr. Beauchamp said they considered it a privilege to be here this evening to be in a position to explain to the Board the policy regarding underground wiring. He said lat February, they received a letter from the Board requesting cost for moving the aerial plant and placing it underground. He said they understood action of the last Town Meeting deleted three streets listed in the letter. He said a great deal of time could be saved by running through, for the Board, what the policy is. First of all, in any new development, the policy sistes ten homes or over. They have, on request, picked this up with four or five homes. Their first choice in placing the plant is underground. Several years ago this was not the case because the company did not have the type of cable that would stand the elements. It does have this cable available to it now. On any extension of new plant, and definitely in any house development, the first choice is to place the plant underground. The company is now ready, on a wholesale basis, in all new developments to place its plant underground. There are many places where they now have existing aerial plants. These are bought and paid for. The company does not like to take the exist- ing plant and place it underground becauseit is, in essence, doubling its investment. He said, in running over the list of streets they found, in most instances, this is the type of thing they run into. CAD 1 1 io He said, discounting new developments, he would take this supposition. They are going into a street the Town is re- constructing. They place buried cable down the street. They now get into the area they do not have the right to tell the property owners to provide the company with a trench for a buried service wire. They end up, many times, where 40% of the home owners say they will provide the company with a trench. This is the problem replacing plant already aerial and putting it underground. He said they can place the buried plant but they have toget permission from the people along the street to build the trench. The Chairman asked if this could be done by State machinery. Mr. Beauchamp replied he did not know if this could be legillated as such. They are anxious to put all the plants underground and would be willing to go underground on Philip Road. On Laconia Street, Emerson Road, Lake Street, Valleyfield Street and Kendall Road, they would be happy to place underground if they can get permission from the owners. The Chairman asked if there wes more of a problem with electric wires than there is with telephone wires. Mr. Beauchamp replied he was not in a position to speak for the Edison Company. They have technical problems. He said if the Board's prime objective is to plant the wires in Lexington, this would have to be a joint Venture. He said there have been several cases recently within the Town of Lexington where they approached the developers to go underground. There is no cost whatever to the developers. In many instances they are finding developer resistance to going underground. Mr. Carroll said he thought this was taken care of in the new subdivision by-law. He said he would favor Philip Road. It is the only one on the list that could be done unless the people in the area on the other streets arewilling to go along. He said unless the Edison Company does the same thing, there will still be poles. He suggested he could talk with Mr.Jones of the Edison Company and Mr. Beauchamp before the next meeting. Mr. Cataldo asked what would happen if the Board did this now and two years from now the Boston Edison Company came along to go underground. Mr. Beauchamp said the telephone company would have to give them a set of its plans to avoid the telephone cable being hit. The Chairman said the best approach was for representa- tives of the telephone company to meet with Mr. Carroll and representatives from the BostonEdison Company. Messrs. O'Brien, Beauchamp and Overlander retired at 8:25 P.M. 102 Gang mower Hydraulic sewer cleaner Belmont Country hearing Club Mr. Carroll reported on sewer bids taken on the Burnham, Emerson, Brown Road area. Upon motion duly made and seconded, it was voted to award the contract to R. A. Bucella, Inc., the low bidder, at $14.9,697.00, subject to legal review by Town Counsel. Mr. Carroll reported on bids taken for a gang mower tractor. Upon motion duly made and seconded, it was voted to accept the low bid of $7,389.20 submitted by Sawtelle Bros. Mr. Carroll reported on bids taken for sewer cleaner. Upon motion duly made and seconded, it to accept the low bid of $9,902.00 submitted Dupuis Equipment Corp. of Watertown. At 8:30 P.M., hearing was declared openpursuant to the provisions of Chapter 220 of the Acts of 1965, on petition of the Belmont Country Club to fill lowlands in the Town of Lexington between Concord Avenue and Route 2 west of Watertown Street. The Chairman stated notices had been sent to the petitioner, Department of Public Works and also the Natural Resources Department. Mr. S. Horwitz, representing the Belmont Country Club, stated the club had been requested by J. F. White Contracting Company to fill in the swamp which is enclosed by Route 2, Watertown Street and Concord Avenue. It is an eletation of 170. Their proposal would bring that elevation up to 180. He said no one is quite sure whether this applies under the Hatch Act but the club was proceeding as if it is controlled by the Hatch Act. He explainedd the White Company would fill the entire swamp with some of the fill coining off Route 2 and level it off and would maintain all ditches there at the present time. He said the Club has no ob- jection. There is no remundration between the White Com- pany and Belmont Country Club. He explained this is a pro- cedure that will fill the entire swamp area and the Club has no objection. The Chairman asked if the Club was following the same procedure with the Town of Belmont. Mr. Horwitz replied in the affirmative and said there has been no objection from anyone. Mr. Cataldo asked if Beaver Brook was in this area. Mr. Carroll said he thought it was. Mr. Horwitz said they would keep that open andthe flow of the brook would not be interrupted at all. a hydraulim was voted by Casey & 1 103 Mr. Carroll said he thought the Board should impose some restrictions regarding the shaping of the channel of the brook going through there to make sure there is the capacity for any high runoff. Mr. Tryon said this has included a number of rather propaganda statements. Everything that has been said detrimental about this swamp land is true of the Great. Meadows. He said he thought the Board should consider in these terms the Great Meadows, and this thirty acres of marshy land; Lexington is paying a considerable amount of money to purchase these spongy surfaces. Mr.John Blackwell asked if there was a representa- tive of the White Company present, and the Chairman replied in the negative. Mr. Horwitz said he was in no way making propaganda. The John F. White Company made this request to the Club as a means of running the job. It is not a necessary step as far as the Club is concerned. He said the spongy area that wiil be left will certainly be better when they finish with it than it is at the present time. Mr. Cataldo inquired about the area of both towns. Mr. Horwitz said he thought the acreage purchased from WCOP was somewhere in the thirty -acre category. All of that is not going to be filled. In talking from memory;, the low land in Belmont that is being filled is about 15.2 acres. He said they are also filling some of the high land at the present time which does nct come within the jurisdiction of anyone. Mr. Cataldo said there would be about fifteen acres in Lexington and about fifteen acres in Belmont. Mr. Horwitz said the limit of all the land would be thirty acres in Lexington. Mr.Cataldo said the Boand should know what Belmont is going to do. Mr. Howwitz said he would ask Belmont to get in touch with Lexington. The, hearing was declared closed and Mr. Horwitz re- tired at 8:50 P.M. Upon motion duly made and seconded, it was voted that the Board had no objection to the proposed filling, subject to the Town of Belmont voging in favor, and also subject to the Suprintendent of Public Workst recommendation regarding the brooks being kept open and the grades being maintained as recommended by him. Mr. Carroll referred to the traffic survey for Hartwell Avenue, approved by Town Meeting. He recommended Traffic awarding it to the company that gave the original estimate, Wilbur Smith and Associates. He said he had no objection to any way the Board wants to handle the problem. Mr. Cataldo said other consultants have been con- tacted and in view of the circumstances of a new Super- intendent, the Board shouldinvite them in on the basis they will have to do the job. He said Mr.Legro, these people and Lincoln Laboratory representatives should get together, discuss this, and come back to the Board. The Chairman said the Board might find out what volunteer help they are looking for. Mr. Carroll read a letter from Mr.Herzog on Whipple Hill. He is interested in the damage to the trees and wanted to know if theTown could go in and remove the dead wood and trees. He suggested that maybe the Boy Scouts might want to do something on these lines and Mr. Mazerall told him the Boy Scouts have gone into Willard Woods and he thought they did a good job. Mr. Carroll :said the Town Whipple Hill is acquiring these large areas and does not have the people trees to take care of them. Mr. Cataldo said he thought this was a subject on which the Board would have to arrive at a policy. Mr. Carroll said the Town would end up with men just taking care of these areas. The Chairman said the Board is formulating a policy and would let him know; that it is cognizant of the con- ditions. Mrs. Mott -Smith, Messrs. Tryon and Storer met with the Board. Mrs. Mott -Smith stated she was present again to urge the Board of Selectmen to make a firm decision to make Com- missioner Ribbs express the State's intention regarding the intersection of Route 2 and Worthen Road. She said the time has come for the Selectmen to relieve the people of the anxieties. She said it is evident there is very little interest in this project. The Chairman reviewed what the Board had done and again reported on the conference he and Mr. Cataldo had Route 2 - with Commissioner Ribbs. He said since her meeting with Worthen Road the Board, he has tried to contact Commissioner Ribbs, and Mr. Cataldo talked toone of his assistants. The Com- missioner does not want the people of Lexington to have the idea this plan originated with the Public Works Department. He said he was waiting to hear from the Commissioner with further information. Mrs. Mott -Smith asked about the letter she received and the Chairman said this was picked up by one of the 1 105 PIO men and someone in the Department felt someone should write to her. Mr. Tryon said in this letter Commissioner Hibbs stated there is no further information forthcoming from his department to the Board of Selectmen. Mr. Cataldo said he thought this had been discussed sufficiently and stated the Board was quite specific in its approach, and there was no question in anyone's mind that he was to come back with further information on the connection of Route 2. The Chairman said if he could get the information from the Commissioner then the Board could schedule a hearing, and based on the projected counts, the Board would determine whether or not it is going ahead. Mr. John Blackwell met with the Board and said fifteen high school Juniors and Seniors are doing a special movie film project this summer under supervision. Involved in this isla::rtquest of the Selectmen and Police Chief for Movie fila a permit for public assembly. He said he appeared only project to answer questions if the Selectmen have any. He said Mr. Ferguson is interested in having the interior of the bank filmed if it was going to be done in a quiet manner and in no way would the bank name show. The Chairman said he received a letter Friday morn- ning and checked with the Chief of Police and immediately wrote a letter to Rowland Williams and informed him before the Board gave approval of anything of this type, that they have a talk with the Chief of Police and the Board would only approve what he recommended. This afternoon, without taking this advice, they proceeded with the bank holdup. Mr. Blackwell said they assembled at the bank and briefly talked to the bank. The Chairman said they were meeting with the Chief of Police tomorrow at two o'clock, and the Boardwould reach a decision depending on theChief's recommendations. 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, might adversely affect the public security, the financial Executive interest of the Town, or the reputation of any person. Session Following interview with an applicant for a position, awarding of damages with Mr. Carroll, and departmental items brought up by Mr. Carroll, it was voted to resume the open meeting. 106 Gas Main Cert. of Inc. aeossonlmec$aewupdto grant permission to mysticiir uasomanyy to locate a 2 -inch high pressure welded steel gas main in Phinney Road, subject to Mr. Carroll's approval. Upon motion duly made and seconded, it was voted to certify the character of Katharine M. Davis, 18 Boulder Road, who has applied to the Secretary of the Commonwealth for a Certificate of Incorporation. Upon motion duly made and seconded, it wa3voted to grant the following licenses: I & J Contracting Co. Inc., d.b.a. James H. McManus, Lic enses Richard Bazarian, d.b.a. Wardrobe's Phanvacy, - Common Victuallers. James Martin, Auctioneer; Elaine S. Myers, Auctioneer. Upon motion duly made and seconded,it was voted to authorize the Selectmen to sign Liquor Purchase I. D. I.D. Cards cards for Barbara J. White, 81 Woburn Street, and Maria Therese Diosy, 4 Oakland Street, satisfactory evidence of birth date having been received. Upon motion duly made and seconded, it was voted to sign an order for the construction of bituminous con- crete sidewalk on the westerly side of Vine Brook Road at No. 9. Sidewalk Upon motion duly made and seconded, it was voted Street Order to sign an order for the construction of Laconia Street. The Chairman asked if the Board wanted to reconsider Mr. Wenham's application for the position of Assistant Superintendent of Public Works; Mr. Wenham having origi- nally refused the position. Mr. Cataldo said Mr. Wenham told him he did not realize the opportunities that are here, that the challenge was here, that a better Public Works operation is here. The Chairman said an application has been received from Mr. Coscia. Upon motion duly made and seconded, it was voted to offer Mr. Thomas B. Wenham the position of Assistant Superintendent of Public Works, underthe same conditions as outlined to him previously. Upon motion duly made and seconded, it was voted Appointment to appoint Mrs. Marguerite McCausland, Executive Clerk to the Board of Selectmen effective Monday, July 17, 1967. ASS't.Sup't. Public Works 1 Upon motion duly made and seconded, it was voted to appoint Mrs. Dorothy Ryder Senior Clerk in the Selectmen's office, effective Monday, July 17, 1967. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on June 26, 1967. Upon motion duly made and seconded, it was voted to adjourn at 11:55 P.M. 107 Appointmes A true record, Attest: Executive Clerk, Selectmen ti 1)08 sewer Agreement Fewer contract rountry- 'ide rummings ' roperty Lions Club use of play- ground SELECTMEN'S MEETING July 24, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, July 24, 1967 at 7:30 P. M. Chairman Cole, Messrs. Cataldo, Burnell, and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Mrs. Ryder, Acting Clerk, were also present. Mr. Legro presented an agreement between the Town of Lexington and the Commonwealth of Massachusetts for sewer under Route 2. Upon motion duly made and seconded, it was voted to sign the agreement as submitted by Town Counsel. Mr. Legro also presented a sewer contract between the Town of Lexington and A. Bucella & Sons Corporation. Upon motion duly made and seconded, it was voted to sign the contract as submitted by Town Counsel. Mr. Gray told Mr. Legro a letter had been received from the Building Inspector regarding Countryside and the letter suggested filing in Court if not corrected immed- iately. Mr. Cole reported that he had received a phone call from Mr. Lawless, the owner of the so-called Cummings' property stating that the property had not been sold but they have two active prospects and requested an extension of the thirty day limit imposed by the Board. Mr. Gray stated he had a letter from the Lions Club wanting the Center Playground from June 29 through July 5 of next year. Mr. Cole asked if they woulJ operate as before and Mr. Gray answered in the affirmative. Mr. Cole suggested this be held over until the next meeting and that Mr. Gray check with the Police Chief in regard to policing. Mr. Gray stated they would be using thep field re- quested by the K. of C. Mr. Cole pointed out that they could not interfere with recreation programs. Mr. Kenney asked if it would be the same center play- ground and Mr. Gray answered in the affirmative. The recreation program doesn't usually run over the 4th of July. *Mr. Cole suggested giving an extension of 30 days. Mr. Legro stated no harm in doing so. Upon motion duly made and seconded, it was voted to extend the time. Mr. Kenney suggested they pick another date that wouldn't interfere and Mr. Gray stated it had already been granted to the American Legion over Labor Day. Mr. Cole asked if any other fields could be used, any of the school fields. He suggested they contact the schools and see if any available. Mr. Burnell asked the condition of the field be- tween Lincoln Street and the reservoir. Mr. Cataldo said it was in rough condition. Mr. Burnell stated he was talking of the field at the Bridge School. Mr. Carroll said it was new but this sort of thing would do a lot of damage to a new field. Mr. Burnell asked if this field was being used for anything. Mr. Carroll answered in the negative. Mr. Gray presented a letter from the Veteran's Ser- vices requesting a transfer of $6,000 to be transferred to Aid & Expenses. The balance now is $257. Mr. Parrish_ knows about this but is on vacation. Upon motion duly made and seconded, it was approved and this request turned over to the Appropriation Commit- tee,:` Mr. Gray stated three or four letters had came in from people for land damages at Blossomcrest Road. Copies had been sent to Mr. Legro. Mr. Cole spoke of the Police and School Committee relative to covering crossings for the additional kinder- garten. It was suggested to change the hours the school guards are now working. Mr. Gray stated they were working 11 hours more per week or six hours additional per month. They receive $150. per month and recommended an additional $15.00, rather than hire two police officers. They have enough money to pay for this from September to the end of the year. He thought it would pretty well cover around $1500. or $1600. Upon motion duly made and seconded, it was voted to allow the additional hours. Mr. Carroll spoke of Edison Company and the under- ground wires. He stated Mr. Jones from Edison is on vacation, will come in and talk to the Board at a future time. He said the cost to the Town would be $2,000 per 100 foot or $20.00 per foot. Services to customer about $10.00 to customer. He thought they were willing to put underground if someone will pay for it. 169 Veteran's Services transfer Add'1 Police Guards Under- ground wireE 110 Mr. Kenney asked about developers and Mr. Cole said developers pay for everything. Mr. Cole stated the installation cost was very much' the same. The change over is where the question comes in, Mr. Carroll said it does to Edison. The Town has been assuming cost of light bulbs. Question raised on private ways and Mr. Carroll said $20.00 a foot. Mr. Cole asked Mr. Carroll to bring in information for further study. Mr. Carroll spoke of bids for three additional trucks. New He had received five bids, GMAC trucks are what they have trucks now and if able to purchase three more would make a total of ten trucks in fleet. Would more or less have standard equipment. Upon motion duly made and seconded, it was voted to accept GMAC trucks at $20,77$. Mr. Carroll stated as he wouldn't be here he was going' to discuss sidewalk work for this year. Can't use Town Sidewalk men and suggested it go under contract. Work on Pleasant Street from Massachusetts Avenue to Watertown Street, Middle Street entirely. List is already in for the contract. It would be a total of $22,800. Mr. Cole stated the Board had agreed not to put a sidewalk in Route 2 from Pleasant Street. They should consider what they want to do. Mr. Carroll stated the School Department recommended Demar Road. Mr. Cole stated he found it very difficult to be part of recommendation in view of Pleasant Street. The people objected to it and stated it was not needed. He suggested the School Committee send its recommendations to the Board and have it in writing. Mr. Cataldo asked why not sidewalk on Massachusetts Avenue. Why do another street before Massachusetts Avenue is done. Children walk on street on Concord Hill. Why don't we do Massachusetts Avenue and Hill Street? Mr. Burnell stated he went along with Mr. Cataldo. Should bring sidewalks along major highways before subdiv- isions. Mr. Carroll agreed. Mr. Cataldo suggested submit it to Traffic Committee and get recommendations as to what direction to go. Massa- chusetts Avenue is more important than Robinson Road. Mr. Cole stated he would like more information from the School Committee. Mr. Burnell thought it should be turned over to the 1 Traffic Committee for study. Mr. Cole suggested a letter to the School Committee getting their recommendations and also notify Traffic Committee and they in turn receive recommendations from School Committee and bring in to the Board. Mr. Cataldo said he would like the recommendations to be signed by the School Committee. Mr. Kenney asked how late in the year the contract should be let out and Mr. Carroll replied it should be out by September. Whitman & Howard will begin shortly. Mr. Carroll read a letter to the Board on the Lexington Center Beautification Project hoping to start before he left. Mr. Cole asked if he had advertised for bids and Mr. Carroll replied he had. You should get contracts signed with architects knowing what to do, have plans Lexington and specifications. Their contracts are on a per diem Center basis. Beautifi- Mr. Kenney questioned why this was being brought up tsation so late in the year, and Mr. Carroll said it had nothing Project to do with his Department. The Committee didn't make decisions to get us going. Mr. Cataldo asked if there would be two contracts and Mr. Carroll replied there would be two, one for the general contract and the second for landscaping. Mr. Cole asked if they would be tied together and Mr. Carroll said yes. Mr. Kenney asked how long it would take for plans -- three or four weeks. Mr. Carroll said by the time the contract is signed etc., it would be into September. Mr. Kenney asked what time it would take to do the job. Mr. Carroll replied it could be finished this winter if you move fast. Mr. Cataldo asked if the landscaping couldn't be done this year. Maybe it would be better to wait until next Spring and do the whole thing. Mr. Cole stated he thought everything was going along and would be finished. Mr. Carroll replied he had made a decision a month ago to leave and would not get to the point of having the job done, didn't have an assistant, people on vacation -- combination of circumstances. Mr. Kenney suggested the Board take the final recommendations and meet at a later date. Mr. Cataldo stated the Edison Company would have to relocate some of the light poles. Mr. Carroll said the Gas and Telephone utilities all in part of project. Water services into them would 112 be from Massachusetts Avenue on part of alley way. Services there will have to be through alley way. Mr. Burnell asked if it would be a better time of the year to do it this fall from a cost point of view than next Spring. Mr. Carroll stated no, only the costs keep going up all the time. The time for landscaping is in the fall. Mr. Kenney asked if the work was done by Engineers and Architects would be quicker. Mr. Carroll replied in the negative. Mr. Burnell stated that it was a dangerous situation as it now is. Mr. Kenney asked if it would be more feasible to have the work done by architects and engineers. Mr. Carroll replied that someone would have to stay on top of it. Mr. Cataldo said someone would have to ;ollow it right down the line under contract. Mr. Kenney asked if there was enough money to let it out and the reply was yes. Mr. Kenney then asked if the new superintendent would try it. Mr. Carroll said other procedures would not help. This might go on too late. Mr. Cataldo said the center of town should be done -- one-half now, one-half in the Spring. Mr. Carroll said he wanted to do it but must have coordination, everyone knowing what to do. Mr. Cataldo replied this was the advantage of doing it ourselves; the Town could make them. Mr. Cole asked if basically the design details were ironed out. Mr. Carroll replied in the affirmative, parking spaces, trees, etc.; there is a very tricky grade one- quarter inch to foot sidewalks. You would need someone out at all times. Mr. Cole asked if anyone in the Engineering Department could do it. Mr. Carroll said Mr. Coscia would carry out the job, any questions would come to me. Mr. Cole asked if this would be as Superintendent or Town Engineer. Mr. Carroll said he didntt know but he thought it basically an engineering problem. Paving to be done by sub -contracting work. Mr. Kenney asked if everything including landscape could be done this fall. Mr. Cataldo possibly - no hold up to start now. Have contract in two months. 1 Mr. Cole stated that we are going to be in a tran- sition period and will try to get things done as best we can. This is a pilot project and we want all details.' It is going to be a good project. It should have been done before but it will be done right. We will go along as if nothing happened when you leave. Everything is in progrese and the people behind should know the situation. I would recommend Al Gray be brought up to date. Motion duly made and seconded to draft a contract or agreement on traffic study on Hartwell Avenue and Bedford Street. Turn draft over to Town Counsel to finalize it into an agreement. Hearing closed at 8:35 P. M. 113 Traffic Study Hartwell Ave. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberalting 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 the Board of Assessors reiative to sF;ttie.g the tax rate, it was voted to resume the open meeting. Mr. Cole stated there were three members of the School dommittee, Mr. McQuillan from Board of Health, Mr. Bertini from Recreation Committee and a member from the Planning Board invited to hearing. There had been some complaints on the operation at the Lincoln Street dump. Before procedure was started Mr. Cataldo held a meeting in Estabrook Hall at which all abutters were notified. The attendance was small. Board of Health held a public hearing, advertised in the Lexington Minute -Man. Two people showed up and asked questions but there were no objections. On that basis the Board of Selectmen decided to go ahead. J.0'ILeary, 171 Lincoln Street stated that they have not beer) able to relieve the situation. Dirt, dust and silt so bad the windows must be closed today. Cant dry the laundry, there is a coating of silt covering the trees and plants and seeps into the homes. Doors and windows have to be shut because it gets all over the rugs, curtains, etc. There is much more traffic from the trucks. It is very dangerous to the children in the neighborhood. We have been lucky there have been no accidents. The smell is continuing. Smell only lasts for two days but fill is Lincoln St. dump 114 being dumped every day. We are here to ask that the operation be shut down. Mr. Cole stated in the long range plan it is to develop that area into a recreational area. Pei Wang, 143 Lincoln Street. Although Mr. Cataldo conducted an information period, he did not have an open hearing, an information hearing is all. We heard what he said, but facts are much different; the children cannot play outside; cannot wash your car or laundry; this upsets your routine. One third of our lawn is dying out because of the dust. The children going to Hayden are in danger because of the trucks. There is a safety problem. This is the season for outdoor living but we have to close our doors and windows. The Town can't have the right solution as I see it in a well planned long range program. Mr. Cole stated this was a long range program and would have a playground next Summer. Mr. O'Leary presented a petition to Mr. Cole signed by residents of the neighborhood which he wanted recorded. Mr. O'Leary stated some of the signatures were from people on Marrett Road which street has added traffic. Mr. Salza, 103 Lincoln Street, stated his views and suggested that the trucks be slowed down and that would keep the dust down. Mr. Cole stated there have been cruisers in the area and looked for trucks exceeding speed limit. Mr. O'Leary said the trucks should change their routine. They should be scheduled differently. Mr. Cole stated he knew there was a dust problem. Mr. Cataldo said he made every effort to make it less objectionable to the neighborhood. The first meeting presented it just as it was to be. We had not intended anything else. The smell will last two days after the project is completed. That makes sense. We have looked at it in great depth. We don't like to burden the people on Lincoln Street, but I can't see any other way. Mr. O'Leary cumested stopping the project. Mr. Barrett, 92 Middle Street. One truck every three minutes. Think they are taking advantage of the Town. Every truck is involved. Take it to Medford and come back 1 loadedith fill for the dump. They go up Lincoln Street to Middle Street and back down again to the dump. Now coming rrom Route 2. Lincoln Street is breaking up. The road was put in four years ago by Busa's property. Mr. Cataldo stated there are two projects. One contractor is DeMatteo doing Route 2. Other contractor is filling dump. We can't control the roads he is using. We can control trucks to dump. We can control the speed, but trucks can go on any street. Mr. Barrett asked if a truck can go on any public street and Mr. Cole answered in the affirmative. Mr, Cataldo said a truck has a right to go on any public etreet. The dump project has 50 trucks. They can go from thirty (30) to fifty (50) miles per hour.. Any other project we cannot control. Mrs. Wang, 143 Lincoln Street stated she can't keep duet out. Can't use the swimming pool because of dust. The floors get sticky and cannot be cleaned up; project is getting on their nerves. Mr, Wang suggested changing grade if necessary. Creating trouble to neighborhood. Mrs. Hall of the Middle Street area questioned how a ten -ton truck could stop that does not stay under thirty miles per hour. She stated she didn't want the project stopped but wanted it safe for children. She was concerned with the safety hazard. Mr, Hughey, 165 Lincoln Street stated he attended the informational meeting. His problem was the smell and dust and the safety of the children. Mr. O'Leary said there are ridges in the road be- yond his house. Mr. Page of the School Committee asked how long was the project. Mr. Cataldo stated sixty working days. Mrs. Buckley, 121 Lincoln Street, said she lived directly across the street and was in favor of the project. It didn't bother her. Mr. O'Leary reported a neighbor who worked nights and could not get any rest days because of the trucks. The hearing closed at 9:30 P. M. and the Committee met with the Board for further discussion. Mr. Cole stated it was going to be their final decision, but all Boards should agree, and asked for recommendations. This will benefit all the Town when the operation is through. The Board was asked if the material was just avail- able no or in the fall. Mr. Cole stated they were under contract to get it done. Mr. Cataldo said no, not available. Mr. Kenney asked why not. Mr. Cataldo said the contractor doesn't think he will have enough to finish this project. Mr. Cataldo stated the dust is clay dust. They are trying to reduce it. Mr. Cole said he was convinced the people knew we are trying. Mr. Clarke said there were two meetings. On May 31 the meeting outlined Mr. Cataldo's proposal. As I saw it, it forecast most of the problems. On June 22 there was another meeting. The School Committee intends to have all available• recreational space in Town. This attempts to solve a need and attempts to save money. Problem seems to be with the trucks. Mr. Cataldo stated they have no control over the trucks. Mr. Clarke said there could be very strict policing. Mr. Cataldo said the trucks were from DeMatteo and could not be controlled from the streets. It was suggested to increase the police force. Mr. Clarke said the people involved it is all one set of trucks. Mr. McQuillan, Board of Health, stated it presented nothing concerning the Board of Health. The project hadn't started at Mr. Cataldo's hearing. The odor wasn't talked about much. That's where the Board of Health would come in. Dust is not a health problem. Nothing that the Board of Health would revoke permit as health menace. Mr. Clarke said he would continue the project; Recreation Committee also suggested going ahead. The motion was duly made and seconded that the oper- ation be allowed to continue and emphasis be placed on policing and cleanliness of operation. Hearing closed at 10:15 P. M. Mr. Cole opened the meeting on the request of two Reduction of citizens on Brown Road for reduction of Sewer Betterment. sewer better- Mr. Carroll stated these were estimates of betterment ment Brown assessments. The problem was the shape of the lot. It Rd. is based on the area and shape of the lot and not too far out of line especially on the lot owned by Mr. Schwartz. Mr. Delfiner's estimate may be high. Mr. Kenney looked at the map of the lots and remarked that it was an unusual shaped lot. Mr. Carroll commented in his opinion the Town should not go less than $1200. The method used in assessing is supposed to represent a fairer way than by the frontage. Upbn motion duly made and seconded, it was voted to hold', this request over until the property is assessed. Mr. Cole reported receiving a letter requesting August 11, 12, and 13 be proclaimed YANKEE DIVISION DAYS. Upon motion duly made and seconded, it was so voted. Mrd Cole reported receipt of a letter from the Lexington Indoor Tennis Corporation requesting damages from sewer overflow. Upon motion duly made and seconded it was voted to refer the letter to Mr. Legro for further study. Upon motion duly made and seconded, it was voted' to certify the character of Emmanuel Sugarman, 18 Hathaway Road, who has applied to the Secretary of the Commonwealth for a Certificate of Incorporation. Upon motion duly made and seconded, it was voted to certify the character of C. Freeman Nourse, 41 Clarke Street, Kenneth M. Smith, 44 Grant Street, and Eugene 0. Flewelling, 22 Locke Lane, who have applied to the Secretary of the Commonwealth for a Certificate of Incorp- oration. Upon motion duly made and seconded, it was voted to certify the character of Joe A. Lowry, 1 Longfellow Road, who has applied to the Secretary of the Common- wealth for a Certificate of Incorporation. Up n motion duly made and seconded, it was voted to certify the character of Charles Drake and Marjorie Drake, 2 Locust Avenue, who has applied to the Secretary of the Commonwealth for a Certificate of Incorporation. Upon motion duly made and seconded, it was voted to certify the character of William E. Haible, 21 Moon Hill Road, who has applied to the Secretary of the Commonwealth for a Certificate of Incorporation. Mr. Gray presented a letter to the Board from Henning W. Swenson, 210 Marrett Road requesting a further deferment of a water betterment on his property on Allen Street. Upon motion duly made and seconded, it was voted to extend the deferment as had been in the past. 117 Yankee Division Days Lexington Indoor Tennis Corp. damages Certif. of Inc. Water betterment deferment 118 Interviews for Supt. P.W. Mr. Cole brought up the subject of hiring a person for the position of Superintendent of Publi:c_Works. He stated there were three applications to be considered. Upon motion duly made and seconded, it was voted to set Tuesday, August 1, 1967, at 7:30 P. M. for interviews. Upon motion duly made and seconded, it was voted to appoint Mr. Gray Acting Superintendent of Public Works, July 29, 1967. 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, might adversely affect the public security, the financial interest of the Town, or the reputation of any persona Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on July 10, 1967. Upon motion duly made and seconded, it was voted to adjourn at 11:15 P. M. A true record, Attest: Acting Clerk, Selectmen The next regular meeting of the Board of Selectmen will be held in the Selectmen's Room, Town Office Building, on August 14, 1967, at 7:30 P. M. SELECTMEN'S MEETING August 1, 1967 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 1, 1967, at 7:30 P. M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Gray, Executive Assistant, was also present. Letter was received from Miss McDonough, Treasurer, requesting the borrowing of $1,000,000.00 in antici- pation of taxes: Upon motion duly made and seconded, it was voted to approve the following bids relative to borrowing: 119. Borrowing Lexington Trust Company $500,000.00 2.77 discounted Newton Waltham Bank & Trust Company 500,000.00 2.79 discounted Mr. Gray reported on bids taken for Contract #3, Sewer. Upon motion duly made and seconded, it was voted to award contract #3, Sewer, to Great Northern Constructors, Inc., the low bidder, in the amount of $119,100.00. Mr. Gray reported on the street bids taken July 31, 1967. The low bidder was Belli Bros., $155,168.00. Street The balance for this construction is $157,120. In addi- bids tion, it will be necessary to acquire $18,650.00 for engineering. Upon motion duly made and seconded, it was voted to request a transfer from the Appropriation Committee of $18,650.00 to complete the contract. Mr. Gray was authorized to contact the Standing School Building Committee to see if any funds are avail- able from the Bowman School for Philip Road, and was also instructed to contact the School Department to see if any money was available in the School budget. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Purchase Identi- I.D. Card fication card for Stewart J. Carr, 53 Kendall Road, satis- factory identification having been submitted. Sewer Contract Jpon motion duly made and seconded, it was voted to appoint Richard Spiers a permanent foreman in the Appointment 120 Highway -Sewer Division at the same salary as he is presently receiving. Mr. Gray read a letter from Norman T. May relative Option to option for land at the rear of 24-26 Muzzey Street. Upon motion duly made and seconded, Mr. Gray was instructed to verify price, and if found to be proper, to make the necessary arrangements to acquire long term option on this property. The Board of Selectmen instructed Mr. Gray to Sabbatical contact the School Department to determine its policy leave on Sabbatical leave. The Board discussed with Mr. Higgins his position in the Town. The Board voted it would offer Mr. Higgins the position of Town Engineer, under the direct supervision of the Superintendent of Public Works, to be classified in the salary range of S -2L -E, at an annual salary of $12,043.00. It was also voted, in light of the circum- stances that did not exist at the time Mr. Higgins was voted permission to take a leave this fall, with the vacancies existing in the Superintendent of Public Works and Assistant Superintendent of Public Works, under these conditions the Board could not grant Mr. Higgins permission to take a Sabbatical leave this fall, as it would seriously affect the operation of the Engineering Department. How- ever, the Board will recommend that permission be granted next year. A true record, Attest: Executive Assistant, Selectmen CO G: 1 1 SELECTMEN'S MEETING August 14, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 14, 1967, at 7:30 P. M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, and Acting Superintendent of, Public Works, and Mrs. McCausland, Executive Clerk, were also present. Mr. Leon Burke, Director of Guides, introduced Beth Briana, 29 Hathaway Road, applicant for a Guide license, to the Chairman. Upon motion duly made and seconded, it was voted to appoint Beth Briana, 29 Hathaway Road, a Guide in the Town of Lexington, and the Chairman presented her with her license and badge. Hearing was declared open at 7:30 P. M. upon appli- cation of the Boston Edison Company for location of conduit on Pleasant Street. Notices of the hearing were sent to the petitioner, owners of property as listed on the petitioner's plan, and also filed with the Acting Superintendent of Public Works. No one appearing in favor cr in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following conduit location: 121 Guide Conduit location Pleasant Street, southwesterly from Mason Street, a dis- tance of about 75 feet, -- conduit. At 7:3S P. M., hearing was declared open upon appli- cation of the Boston Edison Company for permission to locate one pole, hip guy and anchor on Wood Street. Pole Notices of the hearing were mailed to the petitioner, location owners of property as listed on the petitioners plan, and also filed with the Acting Superintendent of Public Works. No one appeared in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following pole, guy and anchor location: Wood Street, southeasterly side, approximately 492 feet northeast of Massachusetts Avenue, -- One (1) Pole, Hip Guy and Anchor 122 Pole location Contract - Engineering Services At 7:40 P. M. hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Winthrop Road. Notices of the hearing were mailed to the petitioners. owners of property as listed on the petitioners' plan, and also filed with the Acting Superintendent of Public Works. No one appeared in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following JO pole location: Winthrop Road, southeasterly side, approximately 332 feet northeast of Highland Avenue, -- One (1) pole. (One existing JO pole to be removed.) Mr. Pratt, representing the Boston Edison Company, came into the meeting later and the Chairman informed him that the pole and anchor locations had all been approved by the Board. Mr. Legro stated he had a contract for engineering services between the Town and Whitman & Howard for several streets: Kendall Road Philip Road Lake Street Payson Street Valleyfield Street Blossomcrest Road Laconia Street Mass. Avenue - Pelham St. 5001 Northerly Upon motion duly made and seconded, it was voted to sign the contract as prepared by Mr. Legro. Mr. Legro presented a contract between the Town and Belli Bros. Inc., for Streets, Drains and Sidewalks, which he stated was in order for signature with one reservation with regard to motor vehicle figure which is too low. Mr. Gray stated he would spear to the Appropriation Committee with regard to a transfer, and Mr. Legro stated he would leave the copies of the contract with the Board. Mr. Gray explained that the contract for sewer work was awarded. He said as far as the road contract is con- cerned, bids came in higher, and it is necessary to have a transfer of $18,650.00 requested from the Appropriation Committee, as there were not sufficient funds to complete the project. He stated he had informed Mr. Parrish that funds were needed for engineering. The Chairman stated at this time the Board can vote to request the Appropriation Committee for a transfer for engineering services in the amount of $18,650.00 to this account so that the contract may be awarded. Assuming a favorable answer will be forthcoming from the Appropriation Committee, upon motion duly made and seconded, it was voted to award the contract for streets, drains and sidewalk work in the Town of Lexington to Belli Bros., Inc., subject to the Insurance Certificates being approved by Town Counsel. Mr. Legro stated he had a contract between the Town and Great Northern Constructors, Inc., for sewer work in the Town, and said the corporation name has been sent out incorrectly throughout the contract. He stated he had talked with Whitman & Howard and the corrections will be made and re-signed by them. He stated the contracts were in order except for that, and Mr. Judge Rowe will come in and pick them up tomorrow. Upon motion duly made and seconded, it was voted to sign the contract between the Town and Great Northern Constructors, Inc., for sewer work in the Town of Lexington in the amount of $119,100.00. Mr. Gray referred to the trunk sewer on Hartwell Avenue and stated some time back, the Board inquired as to what their program would be. He stated he had a letter from Instrumentation Laboratory, Inc., which he read to the Board. The schedule laid out is for sometime next spring. He said they spoke previously of 60,000 square feet but it will now be 100,000 square feet. He would like to authorize Whitman & Howard to proceed with the engineering. Upon motion duly made and seconded, it was voted to authorize Whitman & Howard to proceed with the engineer- ing for the trunk sewer on Hartwell Avenue. Mr. Gray reported several requests had been received to buy town -owned property, and stated he had reports from the Planning Board. Mr. Gray read a letter from Mr. Chisholm relative to the access from lot 52 on the Assessors' Map #59 to Wood Street, copy of which had been sent to the Planning Board. The Planning Board recommends that Town Counsel be requested to look into this matter and verify ownership and the rights of access. It also recommended other 123 Transfer Contract streets - drains & sidewalks Sewer contract Hartwell Ave. sewer 124 Tax Title Tax Title Tax Title Buckman Tavern procedures to be followed which are set forth in its letter of July 24, 1967. Mr. Legro asked what the value of the land was, and Mr. Gray replied he did not know, that it was a question of title. Mr. Legro stated he had some question as to the advisability. The Chairman suggested that this letter be re- ferred to Mr. Legro for his recommendation. Letter was received from the Planning Board relative to copy of letter from Robert J. Neal, 11 Spencer Street, in which he requested the sale of a Town - owned lot adjacent to Lot 2, 11 Spencer Street, which Mr. Neal owns. The Planning Board recommends that no town land be disposed of in this area because of proximity of this lot to the Great Meadows and the land of Augusta. Upon motion duly made and seconded, it was voted to advise Mr. Neal that the Board concurs with the Planning Board's recommendation. Mr. Gray referred to request from Sally T. Neale, 10 Ward Street, relative to acquiring lots 35 through 40 Earl Street, copy of which had been referred to the Planning Board for its recommendation. The Planning Board's opinion is that this location is close to the proposed school site, and should not be disposed of until definite design plans have been formulated for the location of streets, etc. Upon motion duly made and seconded, it was voted to advise Mrs. Neale that the Board concurs with the Planning Board's recommendation. Mr. Gray read a letter from Lexington Lodge No. 2204, Order of Elks, requesting permission to purchase property identified on the Assessors' maps as Lot 1 of map 6. Copy of letter was sent to the Planning Board, and that Board recommends against the sale of this land, reasons for which are outlined in its letter of July 24, 1967. Upon motion duly made and seconded, it was voted to advise the Lexington Lodge of Elks that the Board concurs with the Planning Board's recommendation. The Chairman reported briefly that the Governor signed the bill for Buckman Tavern. Mr. Gray stated he had several Public Works' items. The first item was the Chapter 90 Memorandum of Agreement 1 125 for the resurfacing of Waltham Street, 1700 feet. Upon motion duly made and seconded, it was voted Chapter 90 to sign two copies of the Agreement for the resurfacing Memorandum of Waltham Street, 1700 feet. of Agreement Mr. Gray referred to Boston Edison Company petition for maintaining one pole on Valley Road from Centre Street Pole in Lexington, dated June 23, 1967. location This is a private way, and it was suggested that this matter be referred to Mr. Legro for his consideration. Mr. Gray stated he would like permission to buy an Air Filter for the sweeper, to take care of visibility and dust, a new air filtering system for the sweeper, at a cost of $390.00. He stated he would like to try one. The Chairman asked if the Board had any questions or comments. Upon motion duly made and seconded, it was voted to authorize Mr. Gray to purchase an Air Filtering System for the sweeper, at a cost of $390.00, from Casey & Depuis. Mr. Gray stated he had a meeting with Cabot, Cabot & Forbes relative to a drain on Hartwell Avenue. He pre- sented a sample sketch and drawings of the area to the Hartwell Board, and explained the plan. Avenue Ir. Legro said there is a question of maintenance drain and liability on the town, plus the fact Hartwell Avenue was laid out by the State,* He said they met a month or so ago, and the answers were to have been brought back to him, and he had not heard from them. He suggested that action be deferred until he sees what has been done. He stated there are a number of problems, how many pople are involved; that there may be a number, and ten differ- ent owners. Providing maintenance, the right to move it, that the Board has no knowledge whether these services would have to be moved, that it is a 36" pipe, and the Town wouldn't want to be in a position to get permission from a number of people to move it, etc. He said it might involve the Town in liability. Mr. Cataldo asked what this drain does, and Mr. Gray replied it is for the surface water. Mr. Legro said it might be very costly, that the Town wants some indemnification from them. He said the State made the takings, maybe with some Federal funds for the construction work. Mr. Gray said he would meet together with Cabot, Cabot & Forbes and Town Counsel. Mr. Gray referred to petition from the Boston Edison *and fee in the way has not been transferred to the Town. 126 Company, brought in this afternoon, for a pole on Valley Road running from Centre Street, Lexington, a private way. Mr. Legro stated it would be wise to look at the pole location, that the Town owns the fee and there is Pole another form in the matter of a permit rather than an location easement. The easement requires the Town Meeting vote. Mr. Legro stated he would take it. Mr. Fred Conroy met with the Board and stated this meeting concerns the property of William Hamilton on Massachusetts Avenue and Worthen Road. He said he had been before the Board and the Town Engineer's office. He stated the water main that travels down Massachusetts Avenue but not to Worthen Road. When it gets opposite the line of Mr. Hamilton, it stops. It is a 30" main, comes across on the land of Hamilton and floods the area. He showed the Board a plan of the area, and Hamilton's stated it is relatively dry when it does not rain, but drainage was very bad during the last storm. There was seven problem inches of silt and other material which filled this drain, and the Town has no flooding easement. It is possible for this to be extended across Hamilton's land to connect to Worthen Road. He stated the water is not clean and there are obnoxious odors; it is an open storm drain. He said they are anxious to have this cleaned up. Mr. Higgins has been informed, and they would ask the Board to take some action. Mr. Hamilton said in periods of heavy rainfall, he has all kinds of drains, but said if he had a power failure,,he has had it. He stated also that the land is dry when it is not raining, otherwise it floods the land. Mr. Gray stated he had discussed this with Mr. Higgins; that he had no cost on it. Mr. Legro stated Mr. Carroll had figured this, in- cluding costs. The Chairman suggested that the Board take this under advisement, come back with information and recommend- ations. Jurors At the request of the Town Clerk, Miss McDonough, three Jurors were drawn as follows: S. David Hoffman, 24 Eastern Avenue Arthur W. Hornig, 144 Marrett Road Astrid E. Haussler, 12 Larchmont Lane The Chairman read a request from Five Fields, Inc., relative to permission to hold a Square Dance on Barberry Road on the evening of Saturday, September 2, 1967, co 1 or in case of inclement weather, on Monday, September 1967. Upon motion duly made and seconded, it was voted to grant the request. 127 Square Dance Request from the Lexington Lions Club, Inc., for the use of Parker Field at the Center Playground, for Use of its Annual Carnival on the 4th of July, was held over Parker from the last meeting of the Board. Field Mr. Gray reported he had checked the policing problem, and as Chief Corr was attending this meeting later in the evening, the subject would be discussed with him. The Chairman stated that probably the Board should have stricter rules for the use of the Playground. Lions Chief Corr stated his recommendation on the 4th of Club July would be that there would be a minimum of ten permit policemen who would be paid by the Lions Club. Previously it had paid for only three or four, that the Town had paid. He stated he estimated that 20,000 or 30,000 people attended, and the police were unable to get from one end of the field to the other. He said he would hope that the police would have greater mobility getting through the crowd. The Chairman stated the Lions Club would be in- formed to conform to the recommendations of the Chief of Police. Letter from Miss Barbara Gilson, 19 Parker Street, relative to the American Legion Carnival over Labor Day weekend, was read by the Chairman. The Chairman stated permission had been granted to Complaint the American Legion for the use of Parker Field with the understanding that no set up work would-be done after nine o'clock at night, and this matter was discussed this evening with Chief Corr who will see that these regulations are enforced. It was voted to so advise Miss Gilson. The Chairman read a letter from John Bernstein, Attorney for Mr. and Mrs. Edwin M. Goldberg, 60 Blossom - crest Road, Lexington, relative to a taking of their Award of property, and requesting an offer of settlement be made. damages Upon motion duly made and seconded, it was voted to refer this letter, with copy of the award, to Mr. Legro, Town Counsel. Letter from Porter and Desmond relative to moving a one -car garage located at Airport Road, Lincoln, to the first house on left at 110 Wood Street, Lexington, was 128 read by the Chairman. Upon motion duly made and seconded, it was voted to grant their request, subject to the usual conditions. Letter was received from the National Cablevision, Appointment Inc., relative to grant of a franchise to permit the installation of a community antenna television (CATV) system within Lexington, and requesting an appointment with the Board. The Clerk was instructed to make an appointment with them for the meeting after Labor Day to discuss this installation. Appointment Hearing The Chairman read a letter from the Cablevision Corporation of America relative to a request for per- mission to install a community antenna television system in the Town of Lexington. The Clerk was instructed to make an appointment for them to meet with the Board on September 18, 1967. Notice from the Office of the County Commissioners relative to the Annual Hearing for Middlesex County on public roads to be held at the Superior. Court House, East Cambridge, Mass., on Wednesday, September 20, 1967, was read by the Chairman. Mr. Gray reported he would have someone there to represent the Town. Mr. Ventola, Metropolitan Building Movers, dame into the meeting relative to moving a house to Walden Pond from Massachusetts Avenue on Route 2A, which involves all State highway. He stated one of the conditions is the heavy trimming of ten trees, and light trimming of sixteen trees. Mr. Mistretta gave him permission but wants the Town of Lexington to be aware of what is going on. They are trimming in Lincoln and Concord, and there. is no problem with either town, and Lincoln will lose trees, but there is no problem there. He gave a letter to the Chairman from the Town of Lincoln to read. He stated the State wants a letter from the Town as to that. Mr,,"Mazerall has checked. Mr. Cataldo asked who was having the hearing on the trees, and Mr. Gray replied that is a State problem, that it is not our responsibility. It was mentioned that this was all in the National Historical Park area. Mr. Gray told Mr. Ventola that the Board appreciated his information and the Board was aware of what was being done. 1 129 The question was asked how long this would take and Mr. Ventola replied two days. The Chairman stated he would write the letter to Mr. Mistretta. Reservation request from the Massachusetts Selectmen's Association for its Annual 1967 Meeting was read by the Meeting Chairman, who stated the Board could govern themselves accordingly. Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation on behalf of Robert Certif. Miller, Sr., 359 Woburn Street, Lexington, satisfactory of Inc. character references having been received from the Police Department. Upon motion duly ma and seconded, it was voted to sign Certificate of Incorporation on behalf of Ralph C. Collazzo, 20 Burroughs Road, Lexington, satisfactory character references having been received from the Police Department. Upon motion duly made and seconded, it was voted to approve the 1967 - 1968 Jury List as presented. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of July 24 and August 1, 1967, as amended. Minutes Mr. Cataldo referred to the Public Works Building. He stated, as the Board knows, the bonding company was notified that the contract had been cancelled. He said he called them to complete the project, and finally contacted Mr. Adams at the Hartford Indemhity Company. The Building Committee met with Mr. Adams, Mr. Halsey and Tocci, the contractor. He said they agreed, at that time, Mr. Adams would come back to the committee with the name of the person who would handle the account, with a schedule of when the work would be done, Tocci being the agent of Hartford. He said he had heard nothing from them. On Friday, he called the Supervisor of Boston and he had no information. Mr. Cataldo stated this is the type of runaround with Hartford. He stated he called the office of the President and talked with Mr. Executive Vice President. He told Mr. Cataldo he would hear either Friday or Monday morning. This morning he said he heard from Mr. Lynn Brown to accept John Tocci as the contractor. He said under no conditions would he do this, nor recommend it to the Board; that he would go along with Tocci being an agent to finish the job. Certif. of Inc. Jury list 130 He stated we agree: - 1. Hartford Insurance would be the completing contractor. 2. Tocci would be Hartford's Agent. 3. Schedule of items and dates. 4. Rededication of contract amount. 5. Subject to a final completion agreement between Hartford and the Town. Mr. Cataldo said he received a wire tonight when he came into the building from Mr. Brown stating that schedule of major items to be performed submitted within seventy-two (72) hours. He stated he did not think the Town should vote to accept what is in the wire, to go back and demand schedule and dates, September completion date if we authorized them to go ahead. The Office of Peabody, Arnold, Batchelder and Luther are going to be the firm to draw up the contract. He said we have a Mr. Brown who is the Superintendent of Claims in Hartford. They should approve these conditions. They have told us September 8 for the past three months, and we have to get in that building, and should insist on Item 3. Accept the five conditions we set forth - until we get that from Hartford. He wished the Board to authorize the committee to proceed with an agreement that conforms with these five points. The Board was in agreement with Mr. Cataldo's suggestion, and the Chairman stated Town Counsel will be kept informed. Chief Corr met with the Board and stated he had two small items to present. One is the radio system he feels should be installed in the police department at the pres- ent time without delay. He stated Mr. Gray was appointed to the committee, Police and at that time, they said down with Motorola people radio about ideas that would project twenty years from now and system asked them to give us a radio system for the next fifteen or twenty years. The 1966 appropriation was $37,000 for the system, which was to include all new radios, and radios were going to go to the Highway Department. That has been done. Also they expected the Police Department would have a console in Headquarters and Mr. Burrell was to have a console in the Civil Defense Department, $28,923, and they would give us matching funds, anything purchased they would match. There has been a delay and he had talked with Mr. Burrell and he said there would be a delay of at least six months and maybe we would not get matching funds at all. He said they were completing the Police part of it. He was in the process of making 1 specifications to complete the Police console which are varied and long. This will monitor the calls, public works and State Police. This is very modern, a Standby Status system at a cost of $11,000, which would come out of the $28,000. He would like permission to advertise in the local paper and otherwise for the specifications he has here. Mr. Gray stated this cannot be delayed any longer. Chief Corr said he had talked with the Civil Defense Director. The Chairman said there had been a tightening up of matching funds. Chief Corr said it may be three or four months before it will be completed. Mr. Burnell said he felt the Chief should go ahead. Upon motion duly made and seconded, it was voted to authorize Chief Corr to proceed with the plans as outlined to the Board. Chief Corr then spoke of Item 2, and stated this will not come as a surprise, as they were still striving to professionalize the department. He said somewhere along the line, it should be brought into the rules and regulations. It is over a year ago, probably within the year, that he discussed some weight regulations, if the Board sees fit, effective September 1968, which would give the members time to come down. He stated how he arrived at these figures. The Federal Bureau of Investigation has had certain weight standards, and they sent a copy to him, which he feels are too tight. As a result he has added fifteen pounds on top of their maximum weights, i.e. 5'7", 162 pounds - I have made it 177 pounds, etc. The department has some who have to come down fifteen or twenty-five pounds. Chief Corr referred to Rule 23, 22 in the Rules and Regulations of the Police Department year 1945. In rule 12, one of the offenses is "Violation of Rules". The men know this is coming within the year, and he feels he has been liberal. 5'7" is the minimum height. It will cost the Town $500.00 a year; $10.00 a month for the Doctor who will be hired by the Board. Mr. Cataldo asked what type of examination and Chief Corr replied, Weight, Heart beat, Eye Test, Diabetic Test, Blood Pressure, etc. Mr. Kenney asked if any other Towns had this. Chief Corr read the wording for the new regulation, and Mr. Legro stated he thought it would be better to say "All Members shall conform to the following maximum weight regu- lations". Mr. Gray suggested drawing it up properly and have Mr. Legro check it over before the next meeting. 131 132 National Park Committee Executive Session Upon motion duly made and seconded, it was voted to approve the Chief's recommendation. The Chairman discussed with Chief Corr the use of Parker Field as it pertained to both July Lith and over Labor Day. Chief Corr stated there is not much of a crowd over Labor Day, nothing like the 4th of July, but he would see that the setting up for the Carnival was checked each and every night. Chief Corr also reported that the Department has lost four of its Policemen. Chief Corr retired. Mr. Kenney asked about Worthen Road. The Chairman stated the Commissioner met Gray and Mr. Zaleski and he is working on the that there are no results yet, that they had for the results of this meeting. Mr. Kenney said the middle of September, for the hearing could be set; that it should delayed too much longer. The Board will set anyway. with Mr. information; been asked the date not be the date The Chairman spoke about Mr. Nickerson's request for an Advisory Committee to expedite the Minute Man National Park, and he felt it would be wise to appoint such a committee; that he would like to accede to his request and appoint a committee. He said Mr. Nickerson feels the Minute Man National Park is going to run out of money, and this committee could take care of whatever action is necessary. Mr. Cataldo said he thought the Board should know what the aim and purpose of it is. The Chairman asked that the Board come prepared at the next meeting to appoint an Advisory Committee, and instructed the clerk to have this on the agenda for the next meeting. 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, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion pertaining to personnel, and departmental procedures, it was voted to resume the open meeting. The Chairman stated he had a letter from Mr. Robert Resignation L. Higgins, Assistant Town Engineer, who is resigning from his position to attend the University of Rhode Island. ras 1 1 Upon motion duly made and seconded, it was voted to accept Mr. Higgins' resignation, with regret. Mr. Legro retired at 9:30 P. M. The Fire Commissioners met with the Board. The Chairman asked if this was a matter for regular meeting or Executive Session, and the reply was Executive Session. 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, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion relative to Fire Department personnel, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn. A true record, Attest: ecutive Clerk, Selectmen 133 134 SELECTMEN'S MEETING C. August 28, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 28, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. At 7:30 P.M. hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate Pole one pole on Highland Avenue. location Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitioners' owners of the property as listed on the petitioners' plans, and also referred to the Acting Superintendent of Public Works. Mr. Dunn, representing the New England Telephone and Telegraph Company, and Mr. Clark, representing the Boston Edison Company, were the only persons present at the hearing. Mr. Dunn explained this request is due to the relocation of a driveway on Highland Avenue, and the pole is all set. No one appearing in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to sign the order and grant the petition for the following JO pole location: Highland Avenue, westerly side, approximately 110 feet south of Bloomfield Street, -- One (1) pole. (One existing JO pole to be removed.) Jurors At the request of the Town Clerk, Miss McDonough, two jurors were drawn as follows: John P. Defandorf, 12 Williams Road Stanley I. Blank, 10 Butler Avenue The Chairman read a letter from Chief James F. Corr, Acting stating that he would be out of state from September 9 Chief through September 11.1., attending the International Chiefs of Police Convention in Kansas City, Missouri, and also he would be taking a week's vacation on his return to Lexington. Chief Corr requested that Captain Paul E. Furdon be 1 1 135 appointed Acting Chief during his absence. Upon motion duly made and seconded, it was voted to appoint Captain Paul E. Furdon Acting Chief during Chief Corr's absence. Letter was received from Perry D. Lord submitting his resignation from the Standing Plumbing and Building By -Law Committee, effective September 1, 1967. The Chairman stated that Mr. Lord is the architect on this committee, and suggested that the Board come Resignation back with names of some architects to fill this vacancy as soon as possible. Upon motion duly made and seconded, it was voted to accept Mr. Lord's resignation, with regret. Letter was received from Mr. Burrell, Civil Defense Director, requesting the Board to appoint Privates in the Auxiliary Fire Service. Upon motion duly made and seconded, it was voted to appoint the following individuals Privates in the Aux- G.D. iliary Fire Service, as requested by Mr. Burrell: Appointments Mr. Wayne A. Blanchard Mr. John C. Klensin 337 Massachusetts Avenue 276 Main Street Lexington, Massachusetts Stoneham, Massachusetts The Chairman read a letter from Mr. Bernard J. Belcastro, Director, Veterans' Services, relative to the name being designated on the ambulance as the Veterans' Memorial Ambulance, either by a sign or emblem. Veterans' The Chairman stated originally, in the beginning, ambulance the Veterans did contribute some toward the ambulance, but at the present time, it is self-sustaining. Upon motion duly made and seconded, it was voted to forward a copy of this request to the Board of Fire Commissioners for its consideration and decision. Upon motion duly made and seconded, it was voted to sign the Order and grant the petition for the following JO pole location, location having been approved by the Acting Superintendent of Public Works: Pole Massachusetts Avenue, southerly side, approximately 17 location feet east of Nickerson Road, -- One (1) pole. (One existing JO pole to be removed.) Upon motion duly made and seconded, it was voted 136 to sign the Order and grant the petition for the follow - Pole ing JO Dole location as approved by the Acting Superin-. location tendert of Public Works: Pleasant Street, southeasterly side, approximately 27 feet northeast of Mason Street, -- One (1) pole. (One existing JO pole to be removed.) The Chairman read a letter from Donald K. Irwin, Bldg. Insp. Building Inspector, informing the Board of his vacation vacation period starting the week of August 28. Mr. Irwin stated he had made arrangements with Richard Soule, 16 Hancock Street, to cover this period, as Acting Inspector. Upon motion duly made and seconded, it was voted to Appointment appoint Mr. Richard Soule, 16 Hancock Street, Lexington, Acting Inspector for the week of August 28, 1967, while Mr. Irwin is on vacation. The Chairman read a letter from Mr. Donald A. Irwin, Currier Building Inspector, reporting on the foundation at 311. property Woburn Street, owned by Mr. Currier. Mr. Irwin stated the entire excavation and foundation have been filled to the ground. level. Mr. Gray reported on the bid from Motorola Communi- cations ommunications and Electronics, Inc. for an Electronic Control Communications Center for the Lexington Police Department. This bid is in the amount of $10,961.28. He stated this Police Dept. was advertised in the Minute -man on August 17, and only Communications one bid was received; that the bid is in order and is jCenter exactly what is wanted. Upon motion duly made and seconded, it was voted to accept the bid of the Motorola Communications and Electronics Inc. in the amount of $10,961.28 for an Electronic Control Communication Center for the Lexington P Police Department as presented by Mr. Gray. y Mr. Gray said he had a communication from the Civil Defense Department requesting funds for the hiring of a communications engineer or consultant to make a survey of future communication needs of the Town. C.D. The Chairman stated there are new requirements for Communication Civil Defense, there has to be a survey made in order to Survey get Federal Funds and approval, and if the Town wishes to pursue Federal Federal Funds, it has to have a qualified engineer make the survey. CAD .c_ 1 1 137 The question was asked as to the cost, and Mr. Gray replied $300 or $400. The Chairman asked if there was that amount in the budget, and Mr. Gray replied it would be in the Article, that there is $28,000. left. Mr. Mabee stated the vote for Police Department Console would preclude this; that the chances are not good anyway, and Mr, Gray stated there would be no question on Civil Defense. Upon motion duly made and seconded, it was voted to authorize the Director of Civil Defense to hire a com- munications engineer to make the survey, as outlined by Mr. Burrell, at a cost not to exceed $500. Mr. Gray stated Mr. Carroll and he had discussed with the Board the matter of the dump, unauthorized people dumping, also the commercial carriers. He stated this brings up the question of passenger cars. He stated they came up with the idea of stickers, but distribution was the main problem. Starting January 1, when the excise tax bills go out, they would like to incorporate a sticker, which would cover most of the vehicles in Lexington. He stated it was almost impossible to check the passenger cars, and he would like to be authorized to get the stickers, as it would cost nothing for distribution; that something had to be done. 'Mr. Mabee stated they could ferret out the cars with no stickers. Mr. Kenney asked if the stickers could be sent out Dump with the water bills. Mr. Gray stated they were trying to reduce the number of people coming in for stickers. Mr. Cataldo felt it would entail a lot of headaches, and asked what is to prevent anybody taking someone else's car to the dump and said he couldn't see any advantage. He felt it would cost the Town $2000. or $3000. to do this; getting started and issuing them every year will cost the Town some money. Mr. Gray said he wouldn't issue them on a yearly basis. The Chairman said it was not necessary to have a decision this evening, and Mr. Gray said he would see what could be done. Mr. Gray referred to Philip Road which was supposed to be built before school opened, three weeks ago. He stated there is a sewer line that has to be checked out and Philip Rd. replaced, and a water main to be installed. He showed the Board the plans, which they discussed. He said Whitman & Howard had met with him and stated it would cost $5,000 or $10,000 to service this, an expensive job. He stated Mr. 138 Duffey was paving the binder today. The Chairman asked if the children would be able to get into the school. Mr. Gray stated it was laidout as a road and Mr. Duffey will eventually pave this, that it is not town property now. Mr. Cataldo asked how much peat there was in there, and Mr. Gray stated he didn't know. Mr. Gray stated there are ten busses in the morning and ten in the afternoon, and he wondered if a small por- tion could be paved, or filled with gravel. He stated Mr. Crimp assured him there is adequate fill to build the road. He said Dr. Fobert said if the road was blocked, there would be no entrance for the school. Mr. Cataldo said there would be no way for the busses to turn around. Mr. Kenney said if they could legally get in, he wouldn't worry about it at the present time. The Chairman stated Mr. Legro would be in later in the evening and it would be held over until he arrived. Later in the evening Mr. Gray referred to this again - the Bowman School entrance. He told Mr. Legro there is only one entrance until the Town constructs Philip Road. He stated the Town could go in and put gravel in this section so that they would have some. entrnace and exit. Mr. Legro stated it is a private way as it now stands; that there is no right until it is laid out as a public way. Mr. Gray stated the peat would have to be removed, strictly a temporary expedient. Mr. Legro said a number of things had to be taken into consideration. The Chairman asked who owned the property, and Mr. Legro replied Partridge Associates, Inc. The Chairman asked if Partridge Associates could give the Town an easement for a time, and Mr. Cataldo asked if the Town didn't automatically get the easement when the Planning Board approves. Mr. Legro replied not a travel easement, but it was something he would be glad to consider. The Chairman asked if the Board's approval was needed before it could be done, a workable solution if approved by Town Counsel. Mr. Mabee asked if the Standing School Building Committee had any funds, and Mr. Gray replied that the money could be found, that it was a matter of legality. The Chairman suggested that a workable solution, approved by Town Counsel, would give latitude to go ahead. 1 1 139 Upon motion duly made and seconded, it was so agreed, with an outside limit of $1,000.00. Mr. Gray said it was no more than 100 feet. Mr. Legro asked if any engineer had looked at this subsoil condition. At 8:00 P.M., Mr. Joseph Trani and Mr. Daniel P. Buss met with the Board. Mr. Trani stated their problem is when to open and when to close, especially on holidays. He stated the Liquor Stores would like to go along and act the same way as the Blue Laws' way. He said he did not know where they would stand legally. Four of the five package goods stores were in favor. The Chairman said the Board could extend the hours but the ABC tells the Board what to do. Mr. Kenney asked what holidays they were speaking about. Mr. Cataldo said if the Board considers anything, it should be sent a letter telling it what "Package Goods Stores" recommend; for them to set the whole year's schedule. The chairman stated the"Package Goods" stores would be notified that the Board requests that they be closed all day Labor Day. Mr. Trani stated there are Armistice Day and Veterans' Day coming along as well. The Chairman stated at the beginning of each year for Liquor the stores to write requesting all "Package Goods Stores" Stores close all day Labor Day. Mr. Cataldo said the letter should be filed by all the liquor stores. Mr. Busa stated he thought the letter was a good sug- gestion, and in the future if there were problems, they would present them that way. Mr. Trani stated everyone would operate the same way. Messrs. Trani and Buse retired. Mr. Legro reported he had a proposed Agreement between the Town and Hartford Indemnity for the completion of the contract between the Town and Tocci. He read the items of the agreement, and stated Mr. Louden was here this evening and brought these out. He said the Board could vote to exercise this agreement, to be held by him until he got instruments properly executed by Hartford. Upon motion duly made and seconded, it was voted to exercise this agreement between the Town and Hartford Indemnity for completion of the contract between the Town and Tocci, to be held by Town Counsel until properly executed. Agree- ment 140. Mr. Legro stated he had an agreement between the Town and Dr. Newell which agrees with the option exercised. This permits the owner to maintain ownership of the property until March 16. Dr. Newell proposes to leave the premises sometime in October. He stated he had a confirmatory deed and has made a taking. Agreement Mr. Gray said Mr. Legro had talked with him and the fire insurance has been taken care of. Mr. Legro said in the event of vacating, Dr. Newell will notify the Superintendent of Public Works so that the water may be drawn off, etc. Mr. Legro referred to the acquisition of the land owned by Dorothy Pihl. He stated he had a partial re- lease of land acquired by the Town of a sewer betterment assessment. The Town has acquired by taking the rear portion of the land, leaving to the owner the front portion Pihl on which the house stands. There is an outstanding sewer property betterment in the amount of $942.13, and there are the years of 1967-1982, $47.10 per year, to be paid. The balance, at the present time, subject to adjustment, is $753.60. He stated, in his opinion, that the remaining , property is more than adequate to support the lien. Upon motion duly made and seconded, it was voted to sign the partial release as prepared and submitted by Mr. Legro. A Governor's Proclamation relative to League of Women Voters Week, was received by the Board. Mrs. Frederick Frick, member of the League of Women Voters, was present at the meeting. The Chairman asked if the League had decided to have a proclamation separate from the Governor's, and if she thought it necessary to issue a proclamation along the same line; also would the League like a separate procla- mation issued. Mrs. Frick replied there are more people wondering Proclama....sabout the government tion Upon motion duly made and seconded, it was voted that the Chairman declare September 10 to 17 League of Women Voters of Lexington Week and that the proclamation be published in the Lexington Minute -man. Petition was received from residents of the Colony Road and Grant Street area relative to a policewoman for guard crossing during each school day. The Chairman stated the Chief of Police is having problems replacing some. Mr. Gray replied he has lost four, that he had discussed 1 1 this with the Chief, that there had been many calls. He said the Kindergarten children involve problems walking to and from school, and the requests have been for most intersections. He also stated there are no funds in the budget. Upon motion duly made and seconded, it was voted to refer the petition to the Traffic Study Committee for its recommendations to the Board. Letter, dated August 17, 1967, was received from Mrs. Morton Hodin, 7 Todd Road, relative to a crossing guard on Grant Street between Todd and Saddle Club Roads. It was voted to refer this letter to the Traffic Study Committee for its recommendations. Letter from Miss Helen Welch, 22 Woodcliffe Road, relative to "Town Eyesores", was read by the Chairman. The Chairman stated a copy of this letter had been sent to Mr. Mazerall, Park Superintendent, and suggested that Miss Welch be so advised and thanked for her interest The Chairman read a letter from Eva Jean Maxner and Douglas H. Maxner relative to award of damages of $50.00 offered by the Town fdr Lot 3, Laconia Street, which was acceptable to them. Mr. Legro reported this matter was taken care of today. Notice from the Middlesex County Selectmen's Associ- ation relative to Ladies Night, Wednesday, September 13, 1967, was read by the Chairman, who stated this date was in conflict with the Testimonial Dinner being held for John Carroll. Application from Harry A. Khachadoorian, Jr., 142 Waltham Street, for a teenage dance in Cary Hall, was read by the Chairman. Upon motion duly made and seconded, it was voted to advise Mr. Khachadoorian that it is against the policy of the Board of Selectmen to grant the use of the hall for this purpose. Request from the National Cystic Fibrosis Research Foundation to conduct a door-to-door drive on Sunday, September 2L, 1967, from the hours of 1:00 P.M. to 5 P.M., was read by the Chairman. Upon motion duly made and seconded, it was voted to grant the request. Order of Conditions issued by the Commonwealth of Massachusetts, Department of Natural Resources, to the Belmont Country Club, relative to the Boardts notice of I41 Petition for Police- woman Police crossing guard Complaint • Award of damages Ladies Night Use of hall denied Permit 142 June 14 regarding fill to be used to fill lowlands, was received. The Chairman referred to the hearing held by the Hatch Act Board on the Hatch Act, and at that time, it conditioned Fill for on the approval of the Town of Belmont. This permission Lowlands has now been granted by Belmont, and is now within the agreements which were made at that time. Mr. Cataldo stated someone has to watch it; that those ditches have to be treated in such a way. Mr. Gray stated he would have it checked. Invitation was received from Stanley Hill Post No. 38 to attend the Installation of Officers of Stanley Invitation Hill Post No. 38 The American Legion and Auxiliary Unit 38, on Sunday, September 17, 1967, at 3:00 P.M. The Chairman stated he would attend and represent the Board. The Chairman read a letter from Mr. Robert L. Higgins, Resignation Assistant Town Engineer, relative to the effective date of Date his resignation. It was voted to clarify the effective date as of October 2, 1967. Upon motion duly made and seconded, it was voted to Licenses renew Theatre and Sunday Movie Licenses to Ramil Enter- prises, Inc., 1794 Massachusetts Avenue, Lexington. Upon motion duly made and seconded, it was voted to I.D. Cards authorize the Chairman to sign Liquor Identification Cards for Alan Frederick Lydiard and Elaine M. Zabaski, satisfactory proof of their ages having been received. Reference was made to the appointments to be made to Board of Health, Conservation Commission and Town Celebrations Committee. The Chairman stated the Board of Health had requested that no action be taken this evening. Nominations were in order for the appointment of two members to the Conservation Commission for a three - Appointment year term, and Aiden L. Ripley and Francis W.K. Smith were nominated for reappointment. Nominations were declared closed, and upon motion duly made and seconded, it was voted to reappoint Aiden L. Ripley and Francis W.K. Smith for three-year terms expiring April 1, 1970. With reference to appointments to the Town Cele- brations Committee, the Chairman reported that Marilyn Hall is willing to be reappointed, and the Board would hold this appointment over until next meeting. CO C 1 Appointment for an Advisory Committee to the Minute Man National Park was held over from the last meeting of the Board. The Chairman stated that Mr. Nickerson would like three to five people in the community who could show interest in the Minute Man National Park, and he asked the Board what action it wished to take. It was decided to hold this over another week. Mr. Cataldo inquired as to who was on the Committee for the Beautification of Lexington Center, and it was agreed to send a copy to each member of the Board. Upon motion duly made and seconded, it was voted to sign Sewer Orders as follows: Burlington Street, from House No. 145, a distance of 1740 feet, more or less, to North Street Dewey Road, from existing sewer northeasterly and northwesterly, a distance of 1420 feet, more or less, to end. 143 Committee Committee Sewer Orders Upon motion duly made and seconded, it was voted to approve the minutes of the Selectments Meeting held Minutes on August 14, 1967. Mr. Robert Clancy, Minute Man Cab Company, Mr. William Belcher, Lexington Cab Company, and Mr. Richard Zimmerman, met with the Board relative to rate increase for taxicabs. Mr. Belcher stated it had been quite a few years since there had been an increase, that everything had gone up, the drivers had not had an increase in five years. The Chairman asked what the rates were in the surrounding towns, and Mr. Belcher replied Belmont, Rules & Winchester and Bedford, most of them charge 75¢ for the Regulations first mile and 50/ each mile thereafter. Newton has Taxicabs 801 - 60¢; Boston is 901; Arlington 701 a mile and 1i01 thereafter. The Chairman stated that the surrounding towns vary on the second amount, that they are not broken down to the quarter mile, and Mr. Belcher stated the quarter mile has to be on a metered basis. Mr. Belcher stated they would like 80/ for the first mile, and 601 thereafter. He said when they get calls for Grove Street, Carriage Road, they have driven seven or eight miles to get one paid mile. He stated the increase in gas and oil and also said a car is worthless after eighteen months. The Chairman asked how many miles they drove a year and he replied 135,000 miles, and if they were able to 144 get a year and a half out of a car they were lucky. Lexington is spread over a large area. The Chairman asked about screening the applicants for taxicab drivers, and Mr. Belcher replied it is difficult to get the right help. The Chairman said the Board would take the matter under advisement and let them know shortly of its decision, with an effective date; that any change that would be made would be published in the Minute -man for one week. The Chairman stated an increase was probably in order, and Mr. Mabee said he agreed, that the rates are out of line if the reports are accurate. Upon motion duly made and seconded, it was voted to amend the rules and regulations governing Hackney Carriages, Taxicabs, Renting Cars and other Public Vehicles for the carrying of Passengers for hire effective September 15, 1967, as follows: 75 for the first mile and 11:V for each fifth of a mile theafter. This is no way to affect the flat rates in effect at this. time. Mr. Cataldo reported that he read in Sundays paper of some money Federal Government gave the Department of Public Works for traffic problems. He stated Wellesley is the only one who has applied to be considered, and he felt Lexington should try and get it. The Chairman asked if this had a number, and what town is to be picked for the program. Mr. Cataldo said Lexington should be in there to see if it can get it, a comprehensive study of the whole town. Upon motion duly made and seconded, it was voted to adjourn the meeting at 9:15 P.M. A true record, Attest: 1,Ye Executive Clerk, Selectmen The next regular meeting of the Board will be held on Monday evening, September 11, 1967, at 7:30 P.M. in the Selectmen's Room, Town Office Building. CI 1 I 4 SELECTMEN'S MEETING September 11, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 11, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Gray, Executive Assistant and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. Hearing was declared open upon the petition of the Boston Edison Company for permission to locate conduit on Lincoln Street. Notices of the hearing were mailed to the petitioner, owners of property as listed on the petitioner's plan, and also filed with the Acting Superin- tendent of. Public Works. Mr. Stickney, representing the Boston Edison Company, and Mr. and Mrs. George F. Vadala, owners of property at the corner of Birch Hill Lane and Lincoln Street, were the only persons present at the hearing. Mr. Stickney stated this is for connections in the Conduit new development from two poles on Lincoln. Street. location Mr. Vadala questioned how they were going to locate the pole on Birch Hill Lane and Lincoln Street, as he was interested in the trees there and whether they would be taken down. The Chairman stated if the trees were on Town property they could not be taken down without a hearing. He said there are no plans to take down trees, that the tree would have to be posted and a hearing would be held; that the trees are usually replaced by the Town with other trees, but he felt it very unlikely that the trees will be touched; that the decision can be made conditional as to the status of the trees. No one else appearing in opposition, the hearing was declared closed. Upon motionduly made and seconded, it was voted to grant the petition and sign the order for the following conduit locations, subject to the preservation of the trees: Lincoln Street, at Birch Hill Lane, a distance of about 20 feet - conduit. Lincoln Street, at Pheasant Lane, a distance of about 25 feet - conduit. At the request of the Town Clerk, Miss McDonough, two 146 jurors were drawn as follows: Jurors William J. Wiles, 21 Deering Avenue George W. Greenlaw, Jr., 176 Grant Street Mr. Gray reported receipt of a letter from Mr. Donald E. Legro, Town Counsel, relative to the agreement between the Town and Hartford Accident and Indemnity Company for the completion of the Public Works Building contract. Public This contract was rewritten to incorporate changes he had Works Bldg. made and has been signed by Hartford. Agreement Mr. Legro requested in his letter that this Agreement be signed by the Board, and the duplicate copy be returned to him to be forwarded to counsel for Hartford. Upon motion duly made and seconded, it was voted to sign the Agreement between the Town and Hardford Accident and Indemnity Company as requested by Town Counsel. Mr. Gray reported on bids for a Sidewalk tractor as follows: Timberland Machine Co. $5,081.30 Bids H.F. Davis Tractor Co. 5,782.00 Upon motion duly made and seconded, it was voted to award the bid to the low bidder, Timberland Machine Company in the amount of $5,081.30. Mr. Gray also reported on bids taken on a truck mounted compressor as follows: Bids Automotive Service Company $ 9,797.00 GMC Lexington Auto Sales 11,350.00 Permit Mr. Cataldo asked about the size of the two compres- sors and Mr. Gray stated they are both the same size. Mr. Gray also stated that there are sufficient funds in the Article to cover this compressor. Upon motion duly made and seconded, it was voted to award the bid to the low bidder, Automotive Service Company, in the amount of $9,797.00. Mr. Gray stated Mr. Vitale, Sons of Italy, had asked him to have the date changed on his permit to hold a "Kids' Party" from September 10, 1967 to September 17. The Board had no objection Mr. Gray read a letter from Whitman & Howard relative to Philip Road and stated this had been checked out; that 1 147 this is the best way to handle this matter at the present time, that the sewer is operating as a syphon sewer and it will operate sufficiently well through the winter months. Mr. Cataldo asked who will pay for this. Philip The Chairman asked what the time limit is on this Road. and Mr. Gray replied the Town is eotered as far as time is concerned. Belli Bros. will continue on the other streets, leaving this to the last one to be done. Mr. Legro will be kept informed. Mr. Gray stated he had discussed with Mr. Legro the drainage problem at Mr. Hamilton's property at the corner of Massachusetts Avenue and Worthen Road, whether, if this was a natural water course, the Town had the right to construct the drain and dump surface water in it. Mr. Cataldo asked if there was a catch basin at the bottom of the hill, and Mr. Gray stated he would check it out, all the old records. Mr. Conroy retired at 7:50 P.M. The Chairman stated the people on Hawthorne Road wishedto have a block party on Friday, September 15, from 5:30 P.M. to 12. Upon motion duly made and seconded, it was voted Block that permission be granted for a block party on SeptemberParty 15, 1967 from 5:30 P.M. to 10:30 P.M., subject to the Hawthorne Police Department approving the area. Road The Chairman read a letter from Mrs. Celia Donnellan, Secretary to the Superintendent of Public Works, who has retired, due to illness. He reported that he had taken a silver Paul Revere bowl to her last week. Mr. Gray read a letter from Chief of Police Corr relative to Mrs. Ann Manley's sick leave stating the expiration of her accumulated time will be.September 20, Sick 1967. leave Chief Corr requested that this period of sick leave be extended, and upon motion duly made and seconded, it was voted to extend sick leave for Mrs. Manley for a period of thirty days. Request from the Boston Edison Company for permission to install one pole on Valley Road running from Centre Pole Street was read by the Chairman. location Upon motion duly made and seconded, it was voted to sign this permit for one pole on Valley Road running from Centre Street. 148 The Chairman read a letter from the Department of Public Utilities relative to an inspection made by that Crossings department with regard to crossings which were not being maintained in accordance with Chapter 160, Section 142 of the General Laws. Mr. Gray was authorized to check these crossings and prepare a letter to be signed by the Chairman. The Chairman read a letter from the Commonwealth of Massachusetts, Department of Public Works, relative to Pedestrian the new law, Chapter 405 of the acts of 1967, with re - Traffic gard to Pedestrian Traffic Control. Control The Chairman stated the Board had passed this previously and no action was necessary. The Chairman read a letter from the Lexington Fire Department relative to Mutual Aid Agreements with Arlington. Mutual Aid Mr. Legro, Town Counsel, has found these to be with correct as to form. Arlington Upon motion duly -made and seconded, it was voted to sign the Mutual Aid Plan with Arlington. The Chairman read a letter from the Chairman of the Lexington Fire Department, relative to the plaque for the Veterans' Memorial Ambulance. Ambulance The Fire Department voted to mount a cast bronze plaque plaque, approximately ten inches by four inches, in the patient's compartment of the ambulance bearing the following: "Town of Lexington - Veterans Memorial Ambulance'. Letter was received from the Town of Bedford, Board of Selectmen, relative to petition concerning sewer Bill for construction for the next legislative session. Bedford The Chairman stated this can be filed seasonally, sewer that it would not be necessary to submit a late filed billing, that Mr. Legro will be working on it. Request was received from the American Legiop, Stanley Hill Post, No. 38, Inc., relative to conducting Permit a Horse Show at Willards Woods on Sunday, October 8, 1967, from 10:00 A.M. until approximately 7:00 P.M. Upon motion duly made and seconded, it was voted to grant permission subject to the approval of the Park Superintendent, Paul Mazerall. az,„ 271 Tax Title Letter from Frederick J. Conroy, on behalf of Peter J. Scopa, 81i. Bow Street, Lexington, relative to the purchase of Lot 112A, Assessors Plot Plan Map 15, was read by the Chairman. 149 Upon motion duly made and seconded, it was voted to refer this to the Planning Board for its report and recommendation. The Chairman read a letter from Joseph J. Napoli Middle St. relative to sidewalk installation along Middle Street. Sidewalk Mr. Gray was authorized to take care of this. Letter from Mr. and Mrs. Walter Donahue, 4 Laurel Street, relative to the condition of Laurel Street, was Laurel St. read by the Chairman. The Chairman stated he thought the only answer would be that it is an unaccepted street. Mr. Gray stated he would answer the letter. Notice from the Commonwealth of Massachusetts, Hearing Department of Public Works, relative to a public hearing on Public Roads, to be held in the Court House, Cambridge, on Wednesday, September 20, 1967, at 2:00 P.M. was received. Mr. Gray stated he would attend. Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation on behalf of Cert. of James Saunders, 62 Oak Street, Lexington, satisfactory Inc. character references having been received from the Chief of Police. Upon motion duly made and seconded, it was voted to authorize the Chairman to stgn I.D. Cards for the following, satisfactory evidence of their ages having been received: William E. Barnes 47 Somerset Road, Lexington Mary H. Fletcher 79 Bedford Street, Lexington I.D. Cards Carol. B. Brussard. 382 Concord Avenue, Lexington James L. Kugler 1347 Massachusetts Ave., Lexington Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on Minutes August 28, 1967. The Chairman reported receipt of a letter from Donald M. Graham, 4 Mill Brook Road, relative to hazardous walking and driving conditions in the vicinity of 80 to 92 Adams Street. He stated they had an appointment this evening to meet with the Board, but he had talked with them instead. Mr. Charles F. Gallagher, Jr., 118 Adams Street, was present at the meeting. 150 The Chairman said primarily they would like a barrier as at the present time, there is no protection. Mr. Gray reported he had checked this, and granite curbing is available, and he would like the Board to Adams St. authorize the Public Works to install granite curbing in sidewalk this area as far as the curbing is available. He drew a sketch explaining how it can be done. He said if a sidewalk should be put in, it should be put in right, there is a difference in elevation. A guard rail was suggested and it was stated with that, a sidewalk would not be needed. Mr. Gray said the Chief discussed this with him, and he was not enthusiastic about a curbing; with a guard rail the cars would bounce off, but curbing would help. Mr. Kenney felt a barrier would be a difficult thing to have in front of a home, that it was a very definite situation at the present time. Mr. Gray stated it wouldntt be in for two or three weeks anyway. Mr. Charles Gallagher stated the big problem is the sidewalk, that it is a very bad corner and he was afraid someone would be hurt. Mr. Cataldo stated the Town might as well do it right and get it over with, to get the most for the money. Mr. Gray said Adams Street would have to be relocated eventually, but it would be there for several more years. Mr. Kenney suggested to have a barrier if the Town can afford it. The Chairman stated the time element is roughly the same, and there is money to do this. Upon motion duly made and seconded, it was voted to authorize the Superintendent of Public Works to obtain prices and proceed to install the barrier. Mr. Leslie York, Chamber of Commerce, met with the Board relative to the Visitors' Center. He stated they still have a balance of $867.89, of which there is one project to be done. He said it was agreed that the diorama should be fixed up as it should Visitorst be; that they had talked with Mr. Nickerson and he did Center not want to be involved with it, and had suggested a man to do it. Mr. York stated he would like to have authority to get some figures. The Chairman suggested having a table with a narrative on it instead of the tape. Mr. York stated they have the tapes in many places, at Woods Hole they have the same thing, a continuous tape, that he could look into the expense of it. 471 1 1517 Mr. Cataldo suggested that it be up differently, that Mr. Nickerson had a drawing, and he would change it. Mr. York stated it is all different kinds of wood, that it was a patched -up deal. He said they would have to look to the Board for more money. Mr. Gray stated there are two bills which almost equalled the balance in the account, according to Mr. Perry, but he would check this out. The Chairman said for Mr. York to come back next week with figures. Mr. Kenney spoke of the lack of signs and wondered if the Chamber of Commerce might be willing to give some thought to this. The Chairman stated a committee had been appointed for signs, and it had been resolved, that they had one more than the Historic Districts wanted. Mr. Kenney stated this was for people from out of town coming in to find the local areas, and the Chairman said it would have to be discussed with the Historic Districts Commission, as they had all the Commission would allow. Mr. Joel A. Kozol, representing the National Cable- CATV vision, Inc., met with the Board to discuss permission System for the installation of a CATV system in the Town of Lexington. Mr. Kozol stated he was an attorney with the firm of Friedman, Atherton, Sisson & Kozol, 30 State Street, Boston. He stated the National Cablevision, Inc. was organized in Delaware for the sole purpose of CATV service. Actually they have been in New Jersey, directly opposite from New York. He said this company holds the franchise to bring it to Hoboken, Hudson County, New Jersey, also other areas in New Jersey. In eastern Massachusetts where they have applications in practically every city and county. Thus far he said they hold only one signed franchise, Salisbury, but had twelve applications already drafted, but not signed. Mr. Kozol related in detail the workings of the CATV, system, installation, costs, etc., the time element for installation of the system, which he stated would take about eighteen months to install, two years to put the system in, at a cost of one-half million dollars, with the tower. Mr. Thomas Hutchinson and Mr. Clancy, Cabot, Cabot & Forbes,met with the Board relative to the drain on Hartwell Avenue which they would like to put across somewhere near SDC. 152 Mr. Gray showed plans which the Board discussed in detail, and stated the Town would not be involved, there would be no maintenance. He stated he had discussed it with Mr. Legro, water and sewer are all in now, but what might be necessary in the future. He said the State took the fee in Hartwell Avenue. He said the Town probably would not have the right to put a struc- ture on State property. He said it was Mr. Legro's feeling to get permission from the State, that the Town would not have the right to give anyone permission to put a structure in there. Mr. Gray said he would check and discuss it further with Mr. Legro to make sure the Town is right; to see if it can be done engineeringwise. Mr. Hutchinson and Mr. Clancy retired at 9:10 P.M. The Chairman said some weeks ago he met with the Arlington Selectmen and they thought it would be in the best interest of both Towns to hold a meeting on the Great Meadows in Lexington. To let them run the open meeting, answer all the questions and what they propose Great to do. He said the Board would notify Mr. Rae to have Meadows a meeting next month, an open meeting, that this would be open to the public. Mr. Mabee said to outline the uses of the land. Mr. Kenney asked if any money would be appropriated for this study, and the Chairman replied there would be no problem meeting legislation. Mr. Cataldo stated Arlington wants to show that both towns are interested in the area and are acting in good faith; that we are still in agreement that it is a mutual problem. Sewer The Chairman read a letter from Ginn and Company, Extension relative to the new building on the Fuller Hill site, Spring St. construction scheduled to start early in 1969, and completion scheduled for September or October 1970. They request the Town to extend its sewage facilities to and along Spring Street. The Chairman asked what the Town plans are to go along Spring Street. Mr. Gray stated it could be in the 1968 budget or 1969, depending on their schedules, and it is in the best interest of the Town to extend it along the access road. The Chairman stated the onus is on the subdivider or the owner. It was suggested that this be checked with the Planning Board, and the Chairman replied that the ac- ceptance of public streets is the province of the Board of Selectmen. CO 1 1 153 Mr. Mabee said the site has to be approved by the Planning Board. Mr. Gray referred to the Town Report Committee for 1967 Town Report. He asked the Board if the personnel should be changed or what they wished to do, getting all the material for the Town Report. The Chairman felt the same policy should be continued, and Mr. Burnell stated he would like to see it repeated this year. Mr. Zehner was the Chairman of this Committee, and this Board does want the committee to proceed same as last year. The Chairman suggested writing the School Committee and ask who they wish to represent them. Mr. Cataldo referred to appointment to the Town Wide Beautification Committee, and said he would like to nomi- nate Paul E. Mazerall to represent the Board on this committee. He stated he knows the Town, costs, and land- Appoint - soaping. ment Upon motion duly made and seconded, it was voted to appoint Mr. Paul E. Mazerall as the Board's representative on the Town Wide Beautification Committee. Mr. Cataldo referred to Lincoln Street, and stated they were going to have enough material to finish the job, and would go to Town Meeting to do something up there, ask to finish part of it. The Chairman stated the Town would have many projects and asked about the Appropriation Committee. Mr. Cataldo recommended taking some money out of the fund that Mr. George Morey spoke of and get the master Lincoln plan done --a beautification fund. Street Mr. Mabee asked what kind of plan, and Mr. Cataldo replied to get a master plan for baseball field, Little League Field, etc. Mr. Burnell said Mr. Snow worked on a plan all one summer. Mr. Kenney asked what type of consultant they would need, and the Chairman asked if they were in the field of a landscape architect. Mr. Cataldo suggested interviewing people, that the four committees should be working together. It was stated that this has been used as a snow dump and to utilize it so it can still be used as such, but the first step is to find the money. The Chairman suggested writing to Mr. Morey to see how much money is available, what amount can be had. Mr. Mabee said for laying out and designing additional 154 Worthen Rd. parks and playgrounds, to have a detailed design on a portion of that. It was decided to review the old plan, and to use the money to come up with a concrete plan, to write to Mr. Morey and see what money is available for use. Mr. Kenney referred again to Worthen Road and stated the anxiety of the citizens has to take precedence. He asked if there was anything new. The Chairman reported the State was out on traffic counts but nothing had been received from them as yet. He said if at this point, this Board said we are not going further with Worthen Road, it would not lessen the fears of these people that they have in the street. He stated he did not agree to take this to Route 2. Mr. Kenney asked, do we as a Board, pursue a policy to having the Town build Worthen Road. If it answers no, it can forget about the hearing. All these people want to know. Mr. Cataldo stated the Town would look into finishing Worthen Road if the State requires it to connect Worthen Road to Route 2. Mr. Kenney stated Ribbs will not build a connection unless the Town builds the road. These people were pro- mised some hearing, and he felt the Board had waited long enough. Mr. Mabee said the original concept was to go to Route 2. The State said we could have only three connec- tions and Worthen Road was not one of them. Mr. Cataldo said to wait for the figures to come through. The Chairman said he would call Commissioner Ribbs in the morning and see what information is available at this time, and he would report next Monday night. The Chairman reed a letter from the Board of Health reporting on the resignation of Mr. James West, and Resignation recommending Dr. Charles Colburn 82 Hancock Street to serve in his place. Mr. McQuillan stated Dr. Colburn is willing to serve, and is al Doctor, Associate Chief of Staff at the VA Hospital. Upon motion duly made and seconded, it was voted to Appointment appoint Dr. Charles Colburn, 82 Hancock Street, a member of the Board of Health for a three year term expiring June 1, 1970. Town Hall Building Committee Mr. Cataldo referred to the Town Hall Building Com- mittee, and stated there are two vacancies. It was the consensus of the Board that the Capital Expenditures Committee should be contacted to see if they 1 would like one of their members as a replacement. The Chairman stated when a reply is received, the position would be filled. Mr. Cataldo mentioned Wednesday night as being John Carroll's dinner, and asked if any thought had been given as to a gift. It was agreed that Mr. Gray and Mr. Cataldo would attend to it. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion relative tovarious departmental matters, and a legal matter, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:10 P.M. A true record, Attest: xe tive Clerk, Selectmen The next regular meeting of the Board of Selectmen will be held in the Selectmen's Room, Town Office Building, Monday, September 18, 1967, 7:30 F.M. 155 Gift 156 SELECTMEN'S MEETING September 18, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 18, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Execu- tive Assistant, and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. Mr. Gray reported receipt of a letter from the Town Report Massachusetts Selectmen's Association, dated September 15, Award 1967, congratulating the Town of Lexington as a winner of one of the Awards in the 1967 Town Report Contest. It stated that the certificates would be presented at 9:00 A.M., as the first order of business at the meeting on Saturday morning, October 7, in the Casino Room of The Hotel Belmont, West Harwich. The Chairman stated he thought it would be fitting if in addition to a member of the Board attending as a repre- sentative, to invite Mr. Zehner to go, and stated if the Board had no objection, he would take Mr. Zehner with him. Transfers Transfers Mr. Gray referred to two requests for transfers from the Reserve Fund. The first is for the Police and Fire Medical. He stated there have been unforeseen expenses, that there is a fireman who has to have an operation. He said the Appropriation Committee is aware that the Board would request funds. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $1,000 from the Reserve Fund to the Police and Fire Medical Account. Mr. Gray said the second request is for the Clerical Pool Account in the amount of $750. He stated this is due to extra summer help. The Appropriation Committee cut the amount in the budget and the Board was to contact them for extra funds. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $750.00 from the Reserve Fund to the Clerical Pool Account. Mr. Gray stated at the last meeting of the Board, it requested him to write a letter to the Fire Depart- ment in reply to its letter of August 30, 1967, relative to a meeting with Local #11.1.91, International Association 1 157 of Fire Fighters, questions raised at the meeting, and action required. Mr. Gray stated he had talked with the Fire Depart- ment, and he felt recommendations would have to be made by the Board. Mr. Gray read the following to the Board: 3. The Chairman felt should be a recommendation of the Salary Study Committee, and the Board would await its reply. 4. Relative to the purchase of fire -fighting equipment --it was the Board's understanding this was taken care of, but if not, it should be taken care of. Mr. Gray said he would contact the Commissioners with regard to this item. 7. With regard to payroll deductions of union dues, the Chairman stated he was not in favor, but thought the Board should reserve its answer until it heard from the Salary Study Committee. Mr. Gray stated he would get a report from the Town Treasurer. 8. Re: Fire fighters with more than five years of service, to live not more than ten miles from Town, and Mr. Gray said the department feels it is understaffed, that is one reason. The Chairman said all these matters would be held up pending receipt of recommendations from the Salary Review Board. The Chairman read a letter from the Middlesex County Commissioners, dated September 12, 1967, relative to an Lowell enclosed form of petition for specific repairs of Lowell Street Street. Upon motion duly made and seconded, it was voted to sign the petition, as requested. Letter was received from Mr. and Mrs. Ralph G. Semon, 92 Bedford Street, relative to construction of Tewksbury Street, now that the Old Age Housing is underway. Tewks- The Chairman stated no petition had been submitted bury up to the present time, and there are no plans, and if Street they wish to have the street accepted, a petition should be returned to the Town that it may be considered for the 1968 budget. 158 Tucker Avenue Mental Health Meeting Transfer Block Dance Cert. of Inc. Minutes Hamilton Drain The Chairman read a letter from C. Harding, co-owners of property at Tucker Avenue and Tarbell Avenue, in the acceptance of a small portion of Chase Avenue to Tarbell Avenue. The Chairman stated they should so it can be processed properly. Mr. and Mrs. Lloyd the corner of which they requested Tucker Avenue from submit a petition Invitation was received from the Commonwealth of Massachusetts, Department of Mental Health, relative to regional meeting to be held. The Chairman said he would represent the Board. The Chairman read a letter from Miss Mary McDonough, Clerk, Board of Registrars, relative to the recent act pertaining to Board of Registrars, and requesting a transfer in the amount of $300.00 from the Reserve Fund to cover the increase in her salary. Mr. Gray retired to the Appropriation Committee meeting with her request. Request from Mr. William R. Whalon, 111. Benjamin Road, Lexington, relative to permission to closing off a portion of Benjamin Road on Saturday, September 23, between the hours of 6:00 P.M. and midnight for a neighborhood square dance and party, was read by the Chairman. Upon motion duly made and seconded, it was voted to grant the request subject to the approval of the Police Department. Upon motion duly made and seconded, it was voted to certify the character of James L. Jones, 1+5 Middle Street and Robert Seaman, 17 Hancock Street, satisfactory refer- ences having been received from Paul Furdon, Acting Chief of Police. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on September 11, 1967 Mr. Gray submitted a plan showing the situation at the Hamilton property. He stated there is an 18" drain coming down Massachusetts Avenue to the corner of Worthen Road and drains in the area Mr. Hamilton was com- plaining about. He stated this could be shut off at the corner of Woodberry Road. Mr. Cataldo wished to have the alternatives explained and see what can be done, although he said actually the brook is his property line. Mr. Gray stated he would contact Mr. Conroy and see what recommendation they could come up with. 1 1 159 Mr. Clancy and Mr. Hutchinson, Cabot, Cabot & Forbes, met with the Board at 8:00 F.M. relative to the drain on Hartwell Avenue. Mr. Clancy submitted a plan and stated this is a different plan, showing the possibility of combining the SDC drain with the drain they will put across the street. Hartwell He stated they have done this to see how this could be Avenue accomplished and have come up with this plan to show how Drain this is engineered to be done. He explained the plan to the Board, and said it could be done this way, that the only thing is, it has to be completely revamped The markings in blue would cost $30,000 versus the red, $60,000, and he stated it makes it extremely expensive, but the answer is it can be done engineeringwise. Mr. Legro said as far as the Town is concerned, it is just a much of a legal problem, and the Chairman asked if it was capable of being solved. Mr. Gray said the fee for Hartwell Avenue is in the State, and as far as placing a structure, permission would have to be gotten from the State, that the biggest problem is the maintenance. Mr. Clancy stated the people who drain into the system would be the ones to be involved, that it would not involve the Town in any way whatsoever. Mr. Cataldo said, say we have to move this; that this is Mr. Legro's reservation, and asked whom the Town would get permission from to move this drain. Mr. Hutchinson said the sewer is below everything else. Mr. Cataldo stated the Board wanted to get this done, and Mr. Clancy said they would do whatever the Board wants them to do. Mr. Legro said he did not see any change. First of all the Town does not own the fee, the Commonwealth does. He said the most the Town can do is to give the right to open and construct the way for restoring the services of the way and indemnify the Town. He said if the ownership is going to remain with CC & F and some subsequent owners, the Town wants some lease from the organization to main- tain the drain; indemnification from any damages which may come from the obstruction. If there is a flooding condition the Town wants no part of it. The Chairman said this would entail an agreement with those provisions. Mr. Clancy said the problem is, you need some in- demnification for any problems that might come up. Mr. Gray stated, rather an agreement that the Town has no responsibility at all. Mr. Clancy stated to cross the street with a 36" pipe. The Chairman asked what method should be used. 160 Diorama Mr. Legro said if CC & F gets permission from the State to lay a drain in there, if the Board is so minded, it can give an agreement that it will issue a permit to open the street, subject to the usual bond and the agree- ments in the bond, so if anyone is injured, etc., and to have adequate insurance coverage. Mr. Clancy said he understood that the jurisdiction has been turned over to the Town, and Mr. Legro said, the control. Mr. Clancy said he would like to get this going, and Chairman said he would have a letter prepared. Mr. Legro said- he would not be able to touch it this week. Mr. Leslie York met with the Board, and referred to the diorama base. He stated he had a sketch from the Universal Cabinet Company in Arlington which is a concern well recommended to him by Mr. Nickerson, and this is a sketch for approval of what he would do. He said the sides are made of birch, the front is a single thickness of glass; the frame is soft pine molding, the frame up to the top presently has an oak frame around it which holds the name to the Diorama. He said when this was shipped out of the Worlds' Fair it looked horrible. He said there is a question in his mind, and he thought it ought to be done in the same keeping as the rest of the building, panelled pine stain, the same'.color as the rest of the building. They will put in a door with a piano hinge and two locks,and it will be plate glass. He described the sketch to the Board. Plexiglass, what is there now is plastic. He said the in- terior will not be disturbed at all, and it will cost $900 to $1,000. Mr. York said he talked with Bob Custance today, and he had only figured on a plywood base for $300. Mr. York will take the sketch up to him to compare prices. He stated the present fund balance is $867.89, but they did charge the chairs and tables against this year's fund rather than taking it out of the furnishings. If the tables and chairs come out of the current fund, there would be $867 for the base of the diorama, as there is $500 in the budget for furnishings. Mr. York said it would be something that the Town would be proud of, and said a continuous tape can be put in. Mr. Cataldo spoke of lowering it down, and Mr. York said it is about right for the average adult, that the children have to step up on the step; that they are drop- ping it down about two inches without having to go down through into it. The Chairman stated the Board would wait to hear from Mr. York again with the other figures, and Mr. York said he would have it before next Monday. 1 1 161 • Mr. Kenney referred again to Worthen Road, and the Chairman said he had been in touch with the State as late as today. He said the field work is all done, but the Worthen State was not ready to send the traffic counts out yet. Road He said he had sent them a letter today and also clarified a couple of other points. Mr. Kenney said it would probably take two or three weeks, and the Chairman said he did not think it would be that long. Mr. Cataldo asked if anything had been heard from Mr. Morey relative to the letter sent, and the Chairman said Public Mr. Morey would let the Board know, that he would go over Trust the funds again. Funds Mrs. Frederick Frick, Logue of Women Voters, was present at the meeting and asked if she could ask what the Executive Sessions are about. The Chairman explained to her the substance of what Executive an Executive Session was, and until it was released to Session the public, it was confidential. That the Selectmen's Minutes are a public record. 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 relative to legal matters, and departmental matters, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:15 P.M. A true record, Attest: cutive Clerk, Selectmen ��;", - e� 182 Jurors Diorama Order of Taking Bid SELECTMEN'S MEETING September 25, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, September 25, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenneywere present. Mr. Gray, Executive Assistant, and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and the Executive Clerk, Mrs. McCausland, were also present. At the request of the Town Clerk, six jurors were drawn as follows: David E. James, Jr. David M. Link Gary J. Fallick Thomas H. Kelley Richard E. Barthelemy John L. Grant 9 Phinney Road 4 Gerard Terrace 4 Diehl Road 55 Bertwell Road 34 Grant Street 23 Butler Avenue Mr. Leslie York met with the Board relative to fig- ures requested by the Board at its meeting last week for the base of the Diorama, and which he quoted he had re- ceived from the Universal Cabinet Company in Arlington as $900.00 to $1,000.00. He stated he had given the same sketch to Bob Custance of Custance Bros., and his price is $1,350.00, and said Mr. Custance stated the Universal Cabinet Company's price is very good value, and he could not give any price less than he quoted. Mr. York said he would like to get the exact figures of what is in the balance and make sure there is enough money. Upon motion duly made and seconded, it was voted to authorize Mr. York to proceed as outlined to the Board for the base of the Diorama in the Visitor's Center. Mr. Legro reported he had an Order of Taking of Lot A, Peacock Farm Section 6, option obtained under vote of Article 65, Annual Town Meeting. He said a motilin was in order to sign, that he had sent a confirmatory deed to the owner and expects it back in a few days. Upon motion duly made and seconded, it was voted to sign Order of Taking of Lot A, Peacock Farm Section 6, as prepared by Mr. Legro. (All copies taken by Mr. Legro.) Mr. Gray stated last Friday morning, bids were opened for the laying of approximately 750 square yards of brick sidewalk for the Lexington Center Project. One bid only was received - Vincent Scardino Construction Co., Inc., 25 Brookfield Terrace, Framingham, Massachusetts in the amount of $9,750.00 Upon motion duly made and seconded, it was voted to award the contract to Vincent Scardino Construction Co., Inc., 25 Brookfield Terrace, Framingham, Massachusetts, for 750 square yards of brick sidewalk for the Lexington Center Project at the bid price of $9,750.00. Mr. Gray read a letter from the Chamber of Commerce relative to a question raised by its Directors as to whether or not the parking alcoves now under construction in the Center of Lexington were sufficiently deep to accom- modate a standard automobile without it hanging out into the street a couple of feet. Mr. Gray said a few days ago, he had received a call Parking from Mr. Conroy with regard to this, and he had informed Lexington him that it was not an error, that the design had been ac- Center cepted by the Board and it had been published in the Lexington Minute -man, that it was known what the situation would be. It was agreed to inform the Chamber of Commerce that no error had been made, that it was being constructed ac- cording to design. Mr. Gray read a letter received from Mr. and Mrs. Edward Domings, 8 Dunham Street, relative to the purchase of Lot 3, Valleyfield Street. Mr. and Mrs. Domings had requested this lot previously in 1965, and at that time, the Board turned down all the bids, but stated they would deal with the abutters. He Tax stated the betterments are $517.52 for sewer and $100 for Title water, and there will be a street assessment. The Chairman stated it has been the policy of the Board to have the opinion of the Planning Board, and he read the minutes of the Selectmen's Meeting of October 1j, 1965. He stated Mr. and Mrs. Domings are buying it for a building lot, to be added to their present lot. Mr. Cataldo stated if they are buying it as a separate lot, it should be advertised. The Chairman said they don't want anyone building on it. Mr. Burnell said if it was a small lot, but since it is a buildable lot, he felt it should be advertised. Upon motion duly made and seconded, it was voted to sell lot 3, Valleyfield Street to Mr. and Mrs. Edward Domings, 8 Dunham Street, at the price of $2500, plus the outstanding betterments, with further restriction it be combined with the present lot. Mr. Gray reported a conversation with Mr. Gary regarding Buckman Tavern, and asked what the Board wished him to do Buckman with regard to it. Tavern 164 The Chairman stated the Board of Selectmen is the awarding and contracting authority, and said he felt rather than appoint officers of the Society, it would be better to appoint individuals. Mr. Cataldo stated they know what is going to be done, they know more than we do, and ask them to submit three names. The Chairman said Mr. Gary is President, and to con- tact him and they would be the building committee under the Board of Selectmen. It is the Board's intention to appoint a committee of three and ask that they submit three names. The Chairman read a letter from the Town of Concord relative to the study being conducted by the Metropolitan Area Planning Council regarding airport needs in Eastern Massachusetts. The Chairman stated, as the Board probably knew, he had been in touch with the Port Authority and the Military Airport at Hanscom, and they feel there is nothing to worry about Study regarding the expansion of Hanscom Field. He thought it might be a good idea to have someone to work with the Towns to monitor the study. Mr. Cataldo said Mr. Walmsley was quite concerned about this, and the Chairman said he had told him what he had been told by the Port Authority, and said he thought they were putting one of their Selectmen on the Study, and the Board should keep abreast of the situation. Paul McBride says there are no plans for the expansion. Mr. Cataldo asked if there was a member of the Board who would want to serve, and the Chairman stated he would be on it temporarily. Letter from Mr. Richard M. Perry*:. Comptrolller, rela- tive to Section 6J of Chapter 40 of the General Laws, was read by the Chairman. The Chairman said evidently it is not a serious prob- Article lem, that he felt it had merit and the Board should insert an article in the March Town Meeting to accept this Section, and it was so voted. The Chairman read a letter from Richard M. Perry, Comp- troller, relative to an application form for reimbursement Woodhaven for the years 1968 through 1984 based on a percentage of the Sewer Bond principal payment on the Woodhaven Sewer bond, which he had Reim. certified, signed and returned to the Division of Water Pol- lution Control. The Chairman said this refers to the Woodhaven Sewer and was for the Board's information. CO G': 1 1 16 Requestfrom the Lexington Arts & Crafts Society, Inc., relative to permission to conduct its annual Buckman Tavern Show on Sunday, October 8, 1967 from 12:00 noon un- til 5:30 P.M. on the Buckman Tavern Grounds, and in case Permit of inclement weather, to hold it on the following Sunday, October 15 was read by the Chairman. Upon motion duly made and seconded, it was voted to grant the request. Letter was received from J. Marshall Duane, 16 Meriam Street, complaining about dogs and asking if there is any Dog way to restrict a dog's freedom. Complaint The Chairman asked if the Town's Dog Control Law pro- hibits them from being out at night, and the reply was in the negative, only if it is a nuisance. It was suggested that this letter be referred to the Dog Officer for his investigation. Letter was received from Mary R. McDonough, relative to transfer requested for $300. to Registrations -Personal Services Account, which was denied by the Appropriation Committee, and aaking for Town Counsel's ruling. Mr. Legro reported he had done a bit of work on this Transfer today, as a copy of the letter had been sent to him. Mr. Cataldo suggested talking with the Appropriation Committee. Mr. Kenney stated the intent is such that it should be granted, that would save time. It was the consensus of the Board that some member would go to the Appropriation Committee next week. Letter was received from the Planning Board relative Tax to request of Mr. Peter Scopa for the sale of town -owned Title lots 23 and part of 22 Moreland Avenue and for which the Board had requested that Board's recommendation. Upon motion duly made and seconded, it was voted to advise Mr. Conroy, Attorney for Mr. Scopa, that the Board of Selectmen and Planning Board agree it is in the best interest of the Town not to dispose of this lot at the present time. Letter from Minot, DeBlois & Maddison, relative to parking regulations at the rear of property at 1733 to Parking 1753 Massachusetts Avenue, was read by the Chairman. Regula - The Chairman stated the intent was good, but he felt tions to ask a law -enforcing agency to do other than what it is charged with doing, is something the Board cannot agree with. Mr. Kenney said he felt the Chief of Police should be asked for his comments on this. The Chairman said the Board sets the rules and it is the Police Department's job to enforce them. 166 It might lead to changing the type of meters. Mr. Mabee said he would like to know if the Chief thinks it can be solved in some other way, and Mr. Cataldo said meters versus no meters. He might have a recommenda- tion. If they are all day parkers, it is another matter, who and what are the infractions. Mr. Cataldo said to see if these meters should be kept, what they are doing for the Town or if they are hurting us, no meters or some other type of enforcement. The Chairman said it is the consensus of the Board that while it does not agree with the approach of Minot, DeBlois & Maddison, we do think we could revaluate the parking and get the Chief's reaction on it; that there are problems. Mr. Michelson, who was present at the meeting, stated the meters are serving their purpose of keeping all day parkers out, but it had been suggested to have an attendant punching a ticket, and the Chairman said it would mean pay- ing a man to collect the money and raises the cost of main- taining a parking lot. The Board will pursue this further with the Chief of Police. The Chairman read the letter from the Planning Board relative to invoice submitted by Partridge Associates and recommending the payment of $12,269.00 as compensation for extra work enumerated in the invoice dated July 27, 1967. Partridge Mr. Cataldo asked if this bill is paid, has he the Assoc. right to shut the road off as far as the access to the Invoice school is concerned, and Mr. Legro replied there is the grant of easements so that it will be taken care of, and it is as important to him as it is to the Town. The Chairman asked if the bill were not paid, would the Town be in any different position, and Mr. Legro re- plied it has nothing to do with the check. Upon motion dulymade and seconded, it was voted to pay the invoice for 12,269.00 as requested by the Plan- ning Board in its letter of September 20, 1967. Request was received from Mr. Wilbur M. Jaquith, Chair- man of the Historic Districts Commission relative to re- quest for transfer of $425.00 for funds for the Commission's operating expenses for the period October through December, Transfer 1967. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $4.25.00 from the Reserve Fund to the Historic District Commission's Expense Account. c 1 1 1 Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen's Meeting held on September 18, 1967. 167 Minutes The Chairman reported he had talked with Mr. Nickerson regarding the Minute Man National Park and he is particularly concerned with the 1975 celebration. Minute The Chairman said he told him that the Town Celebrations Man Committee had already been charged with this. He stated Nat'l. Pk. a committee could be formed to act as a liaison committee Council with him and the National Park, and to this end, he had Liaison suggested two names. He said his name came into the pie- Comm. ture on the committee of three, Harold Stevens and Ruth Morey. He said it would be a bit of a problem what the charge would be, and directions would have to be given by Mr. Nickerson. Mr. Cataldo nominated the appointment of the three individuals as the Minute Man Council Liaison Committee. The Chairman also reported he had been receiving com- plaints about the fenee on Adams Street, the one put in last Thursday, that they don't like it at all. He asked if any of the members had seen it, and Mr. Kenney replied in the affirmative. Mr. Cataldo said it is galvanized metal, a dull finish. Mr. Mabee suggested it could be darkened up. Mr. Kenney said this is a very dangerous corner, and the only thing is, the day is rapidly approaching when the curve would have to be fixed, that it will not be of that Adams St. permanent nature. Barrier Mr. Cataldo said this was figured by John Carroll and it would cost in the vicinity of $100,000.00; the layout was from East Street to North Street to the Burlington line, a tremendous figure. Mr. Kenney asked if this could be Chapter 90, The Chairman said the posts have points on them, and Mr. Gray replied they could be ground off. It was suggested that this guard be painted a darker color, and the reply was that it would then not be seen, that it would defeat the whole purpose. Mr. Cataldo stated that it had solved the case of the children, that this was foremost, not whether the appear- ance is not as good as it should be. The Chairman suggested that the Board all take a look at it. Mr. Cataldo referrdd-to.the:DeMatteo agreement which runs out October 1, and stated the work would not be a finished. He said one of the big problems being the areas DeMatteo that brought ;up to grade, the whole Lincoln Street dump Agreement has sunk four to six feet, more than they anticipated. From forty trucks down to twenty. The Chairman asked bow much of an extension is neces- sary and Mr. Cataldo said they are trying to get 45 trucks a day and suggested extending the agreement for thirty days He felt he should sit down with DeMatteo and put the pres- sure on them to get 75 trucks to finish within thirty days, that a lot more material was needed than anticipated-. Mr. Kenney asked what percentage was finished and Mr. Cataldo replied, 85000 yards, 120 originally and now this has sunk. He said some is up to grade. Mr. Mabee asked if they would run out of material, and Mr. Cataldo replied Mr. DeMatteo feels there will be enough to do the job, that trucks are at a premium. Upon motion duly made and seconded, it was voted to extend the agreement with DeMatteo for filling and grading the Lincoln Street dump. Mr. Cataldo referred to Baskin Road grade, that it is Baskin very steep grade and should be a more gentle slope as far Road as draining to stay on the Town1s land; that there is no objection to a change in the grade. Mr. Cataldo spoke of the seeding up to Hartwell Avenue. The question was asked how much loam, and Mr. Cataldo replied 6" of gravel and 6" of loam, that a rougher seed was being used this time. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing,deliber- Executive ating or voting on matters which, if made public, might ad - Session versely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion relative to Laconia Street, legal issues with Town Counsel, personnel, it was voted to resume the open meeting. Pursuant to Chapter 87, Section 14. of the General Laws, Trees upon motion duly made and seconded, it was voted to ap- Laconia prove the removal of the trees on Laconia Street numbered Street 21, 24, 25, 27, 28, 38 and 45. 1 1 1 Upon motion duly made and seconded, it was voted to adjourn at 10:22 P.M. A true Record, Attest: cutive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen's Room, Town Office Building, on Monday, October 2, 1967, at 7:30 P.M. 01- 69 170 Buckman Tavern Committee SELECTMEN'S MEETING October 2, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, October 2, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray,Executive Assistant and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. Mr. Gray reported Mr. Gary had submitted the names of persons to serve on the committee for reconstruction of Buckman Tavern. The Chairman said Mr. Gary is president of the Lexington Historical Society, and he read the letter to the Board. The names suggested are as follows: Robert Cataldo Charles H. Cole II Robert M. Gary 14 Aerial Street 4 Franklin Road 29 Highland Avenue The Chairman stated, as the Board remembered, it agreed to contact the Historical Society for the names, and these are the names they apparently suggested. Upon motion duly made and seconded, it was voted to appoint these three individuals members of the Com- mittee for the Reconstruction of Buckman Tavern. Mr. Gray stated hehad three requests for transfers: One for $3,000 for Maturing Debt; one for $1,500 for In- terest on Debt, due to intufficient funds; (both the Transfers Comptroller and the Appropriation Committee are aware of these); and one for $11,000 for the Veterans' Ser- vices account. He stated there is not sufficient money to carry the expenses for the rest of the year. Mr. Cataldo asked if the Board hadn't transferred some funds to that account previously, and Mr. Gray replied that Mr. Belcastro has had many requests from widows of Veterans. The Chairman asked how much has been approved this $ear, and Mr. Gray reported approximately $50,000, that 75,000 was appropriated for the Reserve Fund. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $3,000 for the Maturing Dept; $1,500 for Inter- est on Debt, and $11,000 to the Veterans' Services A & E account. 1 Mr. Gray read a letter from Mr. Legro relative to Mutual Aid Agreement with Arlington, in which Mr. Legro suggested that the Board advise the Fire Commissioners it would execute the agreements with the Town of Arling- ton for mutual aid and fire fighting. Upon motion duly made and seconded, it was voted to advise the Board of Fire Commissioners that the Board of Selectmen would execute the agreements with the Town of Arlington for mutual aid and fire fighting. Mr. Gray read a letter from the Massachusetts State Council, American Federation of State, County and Muni- cipal Employees, A.F.L. - C.I.O. for the purpose of negotiating an agreement for the employees of the Public Works Department as provided in Chapter 763 of the Acts of 1965. The Chairman asked if a vote had been taken by the employees to form a Union. Mr. Gray replied a notice had been posted on the Bulletin Board a few weeks ago explaining the purpose of the Union to the employees, but no vote had been taken by the employees. The Chairman asked if it wouldn't be correct to first have a vote and have someone represent the em- ployees involved. Mr. Legro stated it can be done either way; whether this organization represents the majority of the em- ployees and can put petition before the Labor Relations Commission which will then determine an appropriate bargaining unit. The Chairman stated he was not aware of any vote being taken. Mr. Cataldo said they did have a charter ten or fifteen years ago. Mr. Legro asked who had a charter, that he had no idea what it was like. Mr. Gray said there was a charter, that he had found out by talking to one of the older employees; but how valid it was, he didn't know. Mr. Legro felt it might be advisable for the Board to go through the formality of an election, appropriate a bargaining unit, which might be helpful. The Chairman said in the Board's opinion, it has no reason to believe that the employees desire a union or any particular union. Mr. Legro said he would insist that they represent the employees before giving them an appointment. 17 Agreements Mutual Aid Arlington AFL-CIO 7; Mr. Gray said he had a request to tie a drain in private property into one of the Town's small sewer Drain drains between Hickory Street and Vaille Avenue, going from a low spot into an 18" sewer drain. He said there was no objection but it takes a vote of the board. Upon motion duly made and seconded, it was voted to allow the request as outlined by Mr. Gray. Mr. Gray said he had a request from Tony Silva to tie into the storm drain from his driveway with a small 6'° drain. He said he has a driveway that slopes, goes Drain to a dry well and the water is going into his house. He said there is no objection to this connection. Upon motion duly made and seconded, it was voted to allow Mr. Silva to tie into the storm drain as sug- gested by Mr. Gray. The Chairman read an application from the Common- wealth of Massachusetts, Outdoor Advertising Division, relative to permit to locate a billboard 8/ by 121 on Route 128 on Railroad Embankment South Side North Lane by the Battle Green Motor Inn. The Chairman stated it appears that the Board could raise objection or not, as it sees fit, that there are no other billboards in Lexington. Mr. Mabee questioned the location, and the Chair - Billboard man explained where the railroad crosses through Meagherville. Mr. Mabee said when Raytheon applied, it was on its own property, on Route 2, and they had to go to the Board of Appeals. Mr. Legro said that was not a billboard, that it was a free-standing sign. Mr. Mabee said the Board of Appeals asked them to make it smaller. Mr. Legro said he had some history on similar situ- ations in his files and would make it available to the Board. Mr. Gray said the Board has thirty days. The Chairman suggested getting the information from Town Counsel, and Mr. Cataldo asked what type of information he had in mind. Town Counsel replied on the procedures of Town opposition. Mr. Mabee stated apparently the law has changed, and Mr. Cataldo said the only thing changed is that the Town has the right to have some say in the matter. The Chairman said now it has local approval. 1 173 Mr. Kenney felt outdoor advertising would be a dangerous precedent. Mr. Cataldo suggested having Town Counsel come up with a recommendation, and Mr. Legro said it might be helpful to the Board. The Chairman said this would be held up for one week and then formal action would be taken on this matter. Upon motion duly made and seconded, it was voted to approve pole location as follows: Pole Location East Street, southerly side, approximately 31.3 feet west of Burroughs Road, -- One (1) pole. (One existing JO pole to be removed.) The Chairman read notice from the Alcoholic Bever- ages Control Commission relative to the provisions of the Liquor Control Act insofar as they relate to the sale and delivery of alcoholic beverages on Columbus Day, Thursday, October 12, 1967, and asked if there would be any restrictions. Mr. Cataldo stated he had talked. with Mr. Trani but he (Mr. Trani), had not had a chance to compose a letter. Liquor He said Mr. Traini stated the group feels it would like Columbus to stay open when the holiday comes on Thursday, Friday Day or Saturday. The Chairman said the Board would adhere to the ruling of the ABC for this time. Upon motion duly made and seconded, it was voted that the Board would notify the Package Goods Stores and Motels as to the sale and delivery of alcoholic beverages in conformance with the ruling of the ABC. Letter from the Board of Health requesting a trans- fer of $3,100 to Expenses Account was received. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the Transfer sum of $3,100 from the Reserve Fund to the Board of Health - Expenses Account. The Chairman referred to the list of appointments of Election Officers, copies of which had been sent to Election each member of the Board. Officers Upon motion duly made and seconded, it was voted to appoint the following Election Officers as approved by Miss Mary McDonough, Town Clerk: 174 Letter from Miss McDonough, Town Clerk, relative to transfer requested, and denied by the Appropriation Committee, to Registrations - Personal Services, was Transfer held over from the last meeting of the Board, and was Registrars referred to Town Counsel. As Town Counsel had had no opportunity to look up the ruling on this, it was held over for another week. Upon motion duly made and seconded, it was voted Cert. of to certify the characters of Terry A. Ryan, 36 Ward Inc. Street, Lexington, and John F. Groden, 12 Summit Road, Lexington, satisfactory character references having been received from the Chief of Police. Upon motion duly made and seconded, it was voted I.D. Card to authorize the Chairman to sign an I.D. Card for Judith Gould, 1 Thoreau Road, Lexington, satisfactory evidence of her age having been received. Upon motion duly made and seconded, it was voted to Minutes approve the Minutes of the Selectmen's Meeting held on September 25, 1967. At 8:00 P.M., the Capital Expenditures Committee, Mrs. Rawls, Chairman Hugh Chapin Messrs. Van Boughton, Cogan, Mitchell, met with the Board. Mr. Chapin said he hoped that the Board had re- ceived copies with the letter so that each member would have a copy. He said the committee's counsel is to get started early in view of the fact that the Town Capital has no Superintendent of Public Works, which is a major Expendi- board of the budget, and he wished to get the benefit of tures the Board's thinking in that area. His committee wishes Committee to know what is happening, things that it may not know about; that they would also like to know any new ideas the Board has. He said he thought new ideas coming up in February don't get the benefit of consideration of any committee, and are very limited to be amenable. The Chairman spoke of the items marked with a cross beside them, those are the ones primarily they wish to ask about, and asked if it would be possible for their committee to meet with Mr. Gray, the Executive Assistant and Acting Superintendent of Public Works. He said taking all the items all the way down, this information can be procured by talking with Mr. Gray. CL 1 1 ELECTION OFFICERS 1967 - 1968 Ilda J. Field 30 Chase Avenue Helen L. Perry 16 Ellison Road Michael Lovezzola 242 Waltham Street Mary E. Clifford 54 Chase.Avenue John McDonough 54 Woburn Street Randall W. Richards 67 Farmcrest Avenue Mary G. Oliver 610 Waltham Street Elizabeth F. Downey 1 Stimson Avenue Henry P. Meade 6 Raymond Street Ida B. Fisk 10 Spencer Street Florence M. Boone 112 Bedford Street Marjorie Modoono 285 Woburn Street Agnes Heimlich 796 Massachusetts Avenue Mary F. Irwin 20 Clarke Street R Marjorie E. Wirpio 22 Bartlett Avenue R Alice G. Marshall 9 Independence Avenue R Sally S. Hooper 282 Bedford Street R Edna R. Anderson 21 Leonard Road D Eileen J. Fradette 35 Grapevine Avenue D Joseph 0. Rooney 222 Waltham Street R Dolores M. Swan 24 Bedford Street D Mary J. Ferry 50 Downing Road D Mary A. Spellman 24 Shirley Street R. Mary G. McCauley 75 Spring Street R Virginia M. Warner 71 Adams Street R Irene Victoria Fenerty 529 Marrett Road D Alice Lillian Osgood 573 Marrett Road D Mary V. Spencer 8 Cary Avenue I MA 1 VOID Mrs. Rawls said she would talk with Mr. Gray, and he said he could go over the items very easily. The Chairman said if that was agreeable to the com- mittee, it would be handled that way. Mr. Chapin said he would like to talk very definitely on one specific item relating to the sewer construction, Article 17 of the 1967 Town Meeting, $250,000 and get the Board's thinking on this. He stated the committee was wondering, planning for next year, the services of Engineer and Superintendent not being available, will change their field a bit, and said maybe this should be made part of their budget. The Chairman stated the positions will be filled as soon as possible. The Board hopes to have these filled, but it should have $250,000 for this purpose. Mr. Gray stated, at the present time, the Town has three subdivisions pending, whish will come out of the $250,000; they will make a pretty sizable dent in it, really put a big hole in, it. Mr. Van Boughton asked if it was the Board's idea that this sum would be held in the bank for unexpended use, a rotating fund, if'you will, always one notch ahead of the game. The Chairman said if these developments materialize, what their committee's thoughts were keeping it a revolv- ing fund. Mr. Cataldo said he thought the Board should come back and see what will be left. He suggested $500,000 a year instead of $250,000. The Chairman said every year the School budget goes up for a reason. There are more children in the system, more teachers, and costs have gone up. There are more homes and there must be more services, and their budgets should be upped, that more money would have to be appro- priated. Mr. Cataldo said as far as this budget is concerned, only $100,000 has been spent, but if we have to spend $200,000 with more subdivisions coming in, put more money in WILE account. The Chairman said the Board has to think in larger terms in these areas, that there are many older areas in this Town which have problems. Mr. Chapin said the engineering reports from Whitman & Howard read it seems to be in order. Mr. Cataldo said the Board would hate to see sub- divisions go in with Septic Tanks, that there are real serious problem areas and streets should not be con- structed without sewers; that more money would be needed. 1_/J�`y 1.7.6 The Chairman said he thought this problem couldbe overcome with our own staff or with consultants. Mr. Kenney said, if we only spent $100,000, O.K. We should put more money in there. Mr. Mitchell said $250,000 for trunk sewers, appro- priate 1/2 million dollars, $250,000 for the future, $250,000 for industrial areas. Keep an appropriation for $250,000 for facing current problems, for getting mains. The reply was $250,000 is not enough to get properly sewered. Mr. Mabee said more money is needed all the time, and we should have it ahead for meeting the needs as they arise in the Town. Mr. Van Boughton said to continue the same rate of expenditures we would keep rolling this same amount of money each year but we would be planning construction two years hhead. Further discussion was held with regard to trunk sewers and laterals, and the Chairman asked if when the budgets come in this year, could the committee sit in with the Selectmen and see how much would be adequate. Mr. Legro retired at 7:45 F.M. Mr. Cataldo suggested submitting a figure of $4.00,000 for laterals, and Mr. Mabee added, a definite increase. Mr. Chapin referred to the Road Machinery Account, and asked what were new major items. Mr. Cataldo spoke of the Lincoln Street dump area, and stated there was need for a survey, and need for money for construction to do a portion of it. He said that the Board had asked the Trustees of Public Trusts for money for design and stated that the Board will give all the information. Mr. Van Boughton asked why the Lincoln Street in- stead of Harrington School area, and said Lincoln Street should be a separate project. Mr. Cataldo explained the settlement of six feet; 20 acres, and not the whole area would be done, just a section of it, for play fields, and bringingit up to finished grade. He said he felt basically 150,000 would finish the job. He said the contractor, DeMatteo, had saved the Town $3,000 or $4.,000. Mr. Chapin felt this was something that should be considered this Fall. co 1 Mrs. Rawls mentioned a bridge or tunnel for Worthen Road. Reference was also made to an article for Center Parking, and Mrs. Rawls asked what the rest of Massachu- setts Avenue Beautification would cost. Mr. Gray replied by budget time, the Board should know what it will cost, that within two months, they would be able to tell them. The question was asked if the parking meters would be done away with, and the Chairman replied, this was being considered at the present time; if the Town didn't have meters, people abuse the parking privilege. The Capital Expenditures Committee retired. 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, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion with an applicant for the posi- tion of Town Engineer, it was voted to resume the open meeting. Mr. Gray referred to the Lincoln Street dump, and stated a drain line had to be put in here, explaining the location on a plan he submitted; that they had to have catch basins and run a drain line on Town property, that there was a problem with water. He stated this can be done with the Town's own men, that the pipe would have to be purchased. Mr. Cataldo said it should be designed in total. Mr. Gray said this is a means to clean up this situation and it has to be done before winter. He said this was just a matter of information for the Board. Upon motion duly made and seconded, the Board voted to approve the drain as outlined by Mr. Gray. Mr. Gray stated he had interviewed Mrs. John F. McCurdy, 16 Sutherland Road, Lexington, for the position of Senior Clerk in the Selectmen's Office, and said she was present at the meeting here tonight. He said he would like to recommend that the Board appoint her at a salary of $5,413.00 per year, that her raise will be adjusted. Upon motion duly made and seconded, it was voted to appoint Mrs. John F. McCurdy as Senior Clerk in the Selectmen's Office at a salary of $5,1.13.00, effective October 16, 1967. 177 Executive Session Drain Line Lincoln St, Dump area Appoint- ment 178 Mr. Gray reported that he would be away Friday to Thursday, and he would like the Board to appoint Mr. Thomas M. Wenham to the position of Acting Superintendent of Public Works in his absence. Appoint- Upon motion duly made and seconded, it was voted to ment appoint Mr. Thomas M. Wenham to the position of Acting Superintendent of Public Works in his absence for the period of October 6 through October 12, 1967. 465-475 Mass. Avenue Mr. Cataldo asked if the Board was going to vote to tear the Cummings' building down. Mr. Gray said that Mr. Lawless was still working on his prospective clients. Mr. Cataldo asked how much Mr. Lawless was asking for it. He stated he felt the Board should send him a letter, registered mail, informing him he had one week, or the Board would tear it down. The Chairman stated whatever was done would have to be followed up. Upon motion duly made and seconded, it was voted to write Mr. Lawless a letter, registered mail, in- forming him that the Board has voted an extension of thirty days in which to take the building down, or under Chapter 139, Section 3, the Board would take it down. Upon motion duly made and seconded, it was voted to purge the Selectmen's Meeting, Executive Session, Minutes of September 25, and release the following: Salary Upon motion duly made and seconded, it was voted that in consideration for added responsibility during the emergency period to compensate Emanuele Coscia, Jr., $75.00 a month, retroactive to September 20, 1967. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if Executive made public, might adversely affect the public security, Session the financial interest of the Town, or the reputation of any person. Following discussion relative to position of Town Engineer, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to increase the salary of Mr. Albert Gray $135.00 a Salary month retroactive to August 14 in consideration for his added responsibilities. 1 1 179 The Chairman reported receipt of a letter from Natalie Riffin, relative to Hanscom Field. He asked Mr. Gray to kindly look it over. The Chairman read a letter from the Planning Board requesting the Board to ask Town Counsel re sub- Sub- division of the Pond Realty Trust off Reed Street, en- division compassing Augustus Road and over parts of Hickory Street and Vaille Avenue. The Clerk was instructed to send a copy of the letter to Town Counsel. Mr. Leslie York came into the meeting relative to requesting permission for the Conservation Commission Conser- to use the Visitors' Center for its meeting, and he vation stated Paul Mazerall, who is on the committee, would be Meetings at the meetings and wouldact as a custodian. They would like to use a room for the executive work. The Board had no objection. Upon motion duly made and seconded, it was voted to adjourn at 10:50 P.M. A true record, Attest: ecutive Clerk, Selectmen The next regular meeting of the Board of Selectmen will be held in the Selectmen's: Room, Town Office Building, on Monday evening, October 9, 1967, at 7:30 P.M. 180: SELECTMEN'S MEETING October 9, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 9, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Wenham, Acting Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. 1 The Chairman said the first order of business, which was not on the agenda, was the award Lexington received for the excellence of the Town Report. He Town said he and Mr. Zehner went down to Harwich on Saturday Town Report to receive it, and he wanted Mr. Zehner to know how Report Award much the Board appreciates his efforts, that this is Award the first time it entered the competition and came out with the third prize. Mr. Zehner said he was grateful for these kind words and he was conscious of how understanding and co-operative the Selectmen had been. One other thing, he said, a number of these prizes were awarded, three to each town broken down by the size and population, and generally the Selectmen accepted the awards in the name of the town, and Mr. Cole was the only one to in- vite the Chairman to accept the award personally. He stated we on the Town Report Committee, are grateful. Mr. Alan Adams, present at the meeting, said this is the top class award, and asked how it was rated. The Chairman replied he thought it was towns of 20,000 or over. Mr. Zehner retired. Hearing was declared open upon the petition of the New England Telephone and Telegraph Company and Boston Edison Company for permission to install a JO pole on Massachusetts Avenue, southwesterly side, approximately 68 feet northwest of Wallis Court. Notices of the hearing were mailed to the peti- tioners, owners of property as listed on the petitioners' plan, and also filed with the Superintendent of Public Pole Works. Pole Location Mr. Pratt, representing the Boston Edison Company, Location and Mr. Dunn of the New England Telephone and Telegraph Company, were the only persons present at the hearing. ■ They presented a plan showing the location and stated it was a relocation requested by an abutter to widen his driveway, and it would be moved approx- imately ten feet, to make more room for the driveway. No one appeared in favor or in opposition and Pole the hearing was declared closed. Location Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following JO pole location: Massachusetts Avenue, southwesterly side, approximately 68 feet northwest of Wallis Court, -- One (1) pole. (One existing JO pole to be removed.) Mr. Wenham stated the only thing he had to submit Tree was that Paul Mazerall had a tree hearing last Thursday, Hearing October 5, 1967, at 9:30 A.M. for three trees on Laconia Street. He stated there were no objectors. The Chairman read a letter from the Planning Board relative to Tax Title Lot #109, Assessors Map #32 (re- corded Lot #86, Kendall Road. Mrs. Virginia Amichetti, 16 Kendall Road, had written the Board on September 24., 1967 offering $700.00 for this lot. Mr. Cataldo said he would be in favor of selling this lot if it were combined with an adjacent lot; they would not be able to build a house on it. Mr. Mabee asked if the amount offered was a reason- able price. Mr. Wenham procured a plan showing the lot and Mr. Cataldo stated there is 80' frontage, 13,600 square feet in the lot. With regard to adjacent lots, #107, 16,698'; #108, 10,776'. Mr. Mabee stated he would move to sell this lot, subject to the betterments outstanding, and being in- cluded as part of the other lot. Upon motion duly made and seconded, it was voted to accept the offer made by Mrs. Virginia F. Amichetti, 16 Kendall Road, of $700.00, subject to the existing betterments, and also with the restriction that this lot be combined as part of her property and not used as a separate building lot. The Chairman read a letter from the Planning Board, dated October 6, 1967, relative to a letter enclosed from a group of Wheeler Road residents. 181. Pole Location Tree Hearing Tax Title Wheeler Rd.Group 182 The Chairman said he understood one of the neigh- bors was parking a vehicle on the property, and this letter is in reference to a request from the residents asking for the interpretation of the word "vehicle". He suggested checking on the legality from Town Counsel, to whom a copy of the letter had been sent. Mr. Kenney stated he would also like to get a com- ment from the Building Inspector and the Police Depart- ment. It was the consensus of the Board to wait until Town Counsel was present. The Chairman read copy of letter to Mr. Daniel S. Horgan, Chief Engineer, DPW, from the Planning Board, relative to the "jug -handle" access road for left turn Bedford from Bedford Street going west into Hartwell Avenue, Street and requesting a connection to Bedford Street from a Access proposed subdivision. The Chairman stated this is just for the Board's information. Mr. Mabee stated that is on the Bedford side be- tween the" jug -handle" and Bedford line, and it was stated that it was on the Lexington side, which adds to the traffic problem. The Chairman said the Board has been made aware of the problem and would wait until the Planning Board gets a reply from Mr. Horgan. Letter from the County Commissioners dated Onto Hearing ber 3, 1967, relative to a notice of hearing to be Lowell on Friday, October 27, 1967, at 11:40 A.M., County Com - Street missioners' Office, Superior Court House, East Cambridge, with regard to specific repairs of Lowell Street, in Lexington, was read by the Chairman. The Clerk was instructed to make a note for Mr. Gray to cover this hearing. The Chairman read a notice of classification from The Commonwealth of Massachusetts, Division of Youth Service, relative to the standards for police detention of Juveniles, which stated that the police facilities for the detention of juveniles do not meet the minimum standards required and are not approved for Lexington. The Chairman stated Lexington should have adequate facilities, that he had talked with the Chief this after- noon and there is a room which they have used. The de- partment has never been able to keep them overnight and CO 27.1 1 it has been tolerated up to this time by the Division of Youth Services. If the Town is going to have a de- tention room it is something that can be done without too much trouble. Mr. Cataldo asked if they would take into consid- eration that the Town is working on a complete rejuven- ation and tolerate it a little longer. The Chairman said that they could probably be talked to, they did not insist it be done immediately. Mr. Mabee asked if we do nothing, can we continue the way we are. Mr. Kenney asked if the Chief knew what they wanted, and the Chairman replied in the affirmative, that Chief Corr is aware of it, and stated that fur- ther talk with him can probably develop a plan of action which should be done. Notice from the DPU relative to an investigation made by them relative to the regulations, practices, etc., of the New England Telephone and Telegraph Com- pany and as a result of the investigation, a hearing would be held at 100 Cambridge Street, Boston, on Thursday, October 26, 1967, at 10:00 A.M. The Chairman stated the Town is not involved on these lines at all and he would have Mr. Gray go in. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following JO pole locations approved by the Acting Superintendent of Public Works: 183 Hearing Massachusetts Avenue, northeasterly side, approximately 25 feet southeast of Percy Road, -- One (1) pole. (One existing JO pole to be removed.) Massachusetts Avenue, northeasterly side, southeasterly Pole from a point approximately 210 feet southeast of Location Percy Road, -- Two (2) poles (Two existing JO poles to be removed.) Massachusetts Avenue, northeasterly side, northwesterly from a point approximately 38 feet northwest of Percy Road, -- Two (2) poles. (Two existing JO poles to be removed.) 184 Letter read by the Chairman from Lipnick & Lee, 18 Tremont Street, with regard to lot M 65 Lt. 87 M Blk 8 and Lt. 37, 38, owned by Mrs. Veola C. Mason, and which she would like to sell to the Town, was re- Sale of ferred to Town Counsel. Land The Chairman asked Mr. Wenham to find out just where this land is located. The Chairman read a letter from the Board of Health requesting a transfer of $200 for Health -Engineering, He stated this brings up a serious problem, that the Reserve Fund is rapidly being depleted; that Mr. Perry had prepared a statement, and it is down to about $9,000. Transfer Mr. Mabee recommended the transfer of $100 to pay the current bill which is outstanding. Upon motion duly made and seconded, it was 'ted to request the Appropriation Committee to transfer the sum of $100 to the Health -Engineering account to take care of the cur- rent bill, which is outstanding. The Chairman read a request for transfer of $11,250 for Group Insurance. Mr. Cataldo said the Board told the School Depart- ment at budget time they needed more money, and the Chairman said the Board also told the Appropriation Transfer Committee. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $11,250, to the Group Insurance Account. The Chairman read a letter from the Cemetery Com- missioners requesting a transfer of $3,152.56; $225.00 Transfer requested for the clerk. He stated he did not know as this could be done where it was a negative Town Meeting vote on the record. Mr. Cataldo said something has to happen, that the overtime should be cut somewhat, and the Chairman stated they do have to open graves on Saturday and Sunday at times. Mr. Mabee referred to the backhoe they were getting back in July and August. Mr. Cataldo said they should change the concept of their organization, that the Town could be paying two people. The Chairman suggested that the Appropriation Com- mittee deal directly with the Cemetery Department on this. CO 27.1 1 18 The Chairman stated just prior to the meeting, a letter was handed to him relative to Air Pollution, which he read to the Board, and stated actually, it makes a lot of sense. Mr. Kenney stated there are a great many muni- cipalities that prohibit outdoor burning. Reference was made to leaf pickup by the Town and the Chairman stated that nothing could be done this year about it; that waste pickup would cost the Town $2.00 on the tax rate. Leaf pickup would be seasonal, on a one time basis. The Chairman said the four recommendations of the Committee are already in effect in the Town, but should be enforced. Mr. Alan Adams felt these rules could be enforced by putting out patrols, or instruct the police, that the rules had always been on the books, but have never Air been enforced. Pollution The Chairman said the patrol cars are covering the Town, and it could be part of their normal duties, asked who represented the police department on the committee, and Mr. Kenney replied, Lima. The Chairman suggested putting out a directive, that there are four good recommendations which can be spelled out to the departments involved, and stress their unanimous endorsement of this plan. Upon motion duly made and seconded, it was voted to carry through as the Chairman suggested. The Chairman said with regard to the second part of the letter, to have the Public Works Department re- view figures and update them. The Chairman read a letter from the Lexington Historical Society relative to the buildings located at 465-467 Massachusetts Avenue known as the Cummings' property, and requesting that the Board defer until December 1 the demolition of these buildings. Mr. Mabee asked what is going to happen after its study. Mr. Kenney felt this was the Society's first re- quest and it should be asked to come in and discuss this with the Board. The Chairman felt the Society should be told what action the Board has taken and for them to double their efforts for their research. Mr. Cataldo said now that the Board has made this decision, it is not going to back down before the dead- line, and to ask them to come up with something con- structive. 465-467 Mass.Ave. 186 The Chairman suggested writing Mr. Gary informing him of the action taken, the length of time the Board has spent, and if he has any questions to meet with the Board; that the Board felt Lawless has no right to have. an extension. It was suggested that possibly Mr. Gary was at the Appropriation. Committee meeting this evening and would come down and talk with the Board. The Chairman stated the Board would like to bring the matter to his attention. Mr. Gary said the only thing he could report at this time is that the Society has expressed, perhaps belatedly, to find someone to take an interest in the old house and look forward to the time when it can be restored and preserved. He said there is active re- search going on, indicating as far as can be determined, that this is quite an old house and was occupied by one of the dignitaries of the period that predates the Revolution. He said he was told that if the Board takes action as of November 1, it would be highly dis- astrous, that a definite proposal for fixing this property up could be shown the Board at that date, but it would take another month. The Chairman asked if the Society had any idea of buying the property, and Mr. Gary replied this only came up last week at its meeting and that particular aspect was not discussed at any length. Mr. Burnell said if that is pre -revolutionary property, if they can justify prices, a potential buyer could be interested. Mr. Cataldo asked if anyone has been in the build- ing, and Mr. Gary replied several of the directors. The Chairman said part of the Boardts reluctance was the other little red house; that the Board kept giv- ing extensions so that something could be done. Mr. Gary said that was brought up at this meeting, that the Society is conscious of the fact, but it was unaware of any publicity being given this property. Mr. Mabee asked how it came to the attention of his Board. Mr. Gary said he would hope the Board could agree that if this property could be restored -- The Chairman said the Board had gone through the same thing with this owner. Mr. Gary stated the Society would have no business to consider the purchase of this property, that it couldntt afford to write that kind of cost. W 27. 1 187 Mr. Cataldo said the buildings in back are beyond repair; the small house perhaps could be fixed, that the Board had gone back and forth, and this is it; that unless a good concrete proposal comes, he could not see the Board going this way. Mr. Gary asked if the Board considered this a hazard and Mr. Cataldo said the back is all burned, that squirrels and chipmunks and children have ruined it, there is nothing there. Mr. Gary asked if one month would make that much difference. The Chairman said Mr. Lawless had been given three or four extensions, that the Board had put itself in a pretty bad position. Mr. Gary said the present owner would certainly know it would be due to the efforts of the Historical Society. Mr. Cataldo said this was not an extension. This is a notice, so what would the Board do then. The Chairman said, if, in the time left, the Historical Society could oome up with a semblance of a plan, delaying action we have ordered, with full implementation. Mr. Maybee asked if the Historical Society have a list of houses they would want preserved? This was not one of them. Mr. Gary said he would have to check the list. The Chairman asked why it was not brought up be- fore, and Mr. Gary said he would be glad to ask them, that there is a relatively small group who have taken it upon themselves to carry the ball. When properties come to their attention, they want to search them out. These people have just now come upon the fact that this house was being demolished and they didntt realize it had developed to the point that it has. Mr. Cataldo said it had been five years., that it had been partly boarded up, burned twice. He said this house was not identified as a prerevolutionary house, and it has not been at this time either. Mr. Gary said as far as the Society redoubling its efforts, it will be fully checked out within the next few weeks. If it does prove to be an historical house, then we have something to go on; an interested buyer who wants to get these houses to remodel. Mr. Lawless knows this right now. The Chairman stated the Board made a commitment, and asked Mr. Gary to push his Society to double its efforts, 18s Lexington Minute Men T own Report Committee Data Pro- cessing Weights & Measures Adams St. Guard Rail prior to November 1 to come in with some substantial means. Mr. Gary said there is real interest in this, to find a qualified buyer to reconstruct the property, and stated the Board had dealt with a previous owner and a realtor. The Chairman thanked Mr. Gary for coming in. The Chairman said he had a request from the Lexington Minute Men to use the Green for their Installation on October 21, from 4:00 P.M. to 5:00 P.M. and they will be assisted by some Bedford Minute Men who will fire a cannon salute. Upon motion duly made and seconded, it was noted to grant the request. The Chairman referred to the Town Report Committee and stated there are two vacancies on this committee, and Mr. Zehner would have two names at the next meeting. The Chairman read a letter from Mr. Perry, Town Comptroller, relative to the Data Processing Center. It was agreed to hold this over until Mr. Gray returns. The Chairman referred to the position of Sealer of Weights & Measures, and stated that Mr. Ralph Chadwick retired as of September 30, 1967 and has since died. A vacancy exists and Mr. Perry had sent a letter to the Civil Service, and he would follow through on this. Mr. Edward Owens met with the Board. The Chairman stated Mr. Owens called him regarding the guard rail that the Board placed on Adams Street, a section of which is in front of his house. Mr. Owens said he was here to object and ask that the section be removed. He said his neighbors would have been here also, but Mr. Cole felt he could repre- sent them. He said this protest is not only his but the whole neighborhood's. He said it should be a block or so to the north, that no one knew anything about it until the rail was put in. He said there are three reasons to ask that it be removed: 1. For the appearance of the neighborhood,it degrades the looks of the neighborhood, that the Board couldn't have realized what it would look like, so perhaps it was put up 1 189 not realizing how bad it would be, that it is hideous, that this monstrosity de- values the property, that money was being taken out of their pockets by their elected officials. 2. That in correcting one safety problem, others have been created. He said many children ride their bikes on that road, regularly on the road. Two care meet, where is that child to go! He said many of the parents have told them to ride on the sidewalk. He said there are five or six set steel posts with four sharp corners. Children have fallen off onto these posts. He said he had been there ten years and he had never seen one hit by a car, that now they hit the rail and fall into the street, that they have to ride on a narrow sidewalk. Alterna- tives are, first, widen the road. The Town owns the right of way there, so the sidewalk can be separated from the road- way. He said it might be expensive. Put a stone curbing there. He said when the Town put the sidewalk in, correct it by making it a safe sidewalk, a stone curbing 8" or 10" painted white, then it will be seen. 3. Put cement posts along there with a sable wire. This is done in residential areas, and would not be nearly as bad as the monstrosity there now, not nearly as de- preciative to the neighborhood. Enforce the speed limit. It is done on Hancock Street at Adams Street, checking to see if cars stop at the step sign. He said 50% of the cars do, that it is a narrow road. Remove that rail, that the Board wanted a pretty town, and asked that it be considerate of the rest of the people and help them keep the neighboorhood. He said these are the alternatives they offer, widen the road, put in a stone curbing, install cement posts, that is what they ask. The Chairman said a petition had been received from residents in the area asking for protection. A curbing 190 could have been put in, but the Traffic Study Committee recommended against it, that it would be more dangerous. He said as tar as the Board is concerned, it is not a permanent factor. Adams Street is one of the streets where widening is going to be done, possibly using County Funds. The Traffic Committee gave the maximum protection to the children. Mr. Owens said the Town could give protection with- out being ugly, and the Chairman stated it probably could have with stone bounds connected with wire cable. Mr. Cataldo said this was considered last year. The Chairman said the sharp corners would be taken care of. Mr. Mabee said he agreed that it doesn't look as nice as other devices might, but his question to Mr. Owens was, did he and the neighbors feel it creates a hazard, and is the hazard worse than what the Town is preventing and asked him to answer honestly. Mr. Owens replied it has been up two weeks, and al- ready a child has fallen on it. Probably if a car had hit a child, the result would have been worse. Mr. Mabee asked did the Town improve the safety or did it hurt it. He said again, he agreed it didn't look good. Mr. Owens said if stone barriers had been put in, and the reply was, it would cost too much and would not be the protection this rail is. Two cars have already hit this, that the Board knows and recognizes full well it is not the nicest looking thing. Mr. Owens said there are sidewalks all over Town as close to the road. Mr. Burnell said he had gone up to see the rail the next day and there were two mothers pushing carriages, and he was glad that this situation had been taken care of. Mr. Kenney said it was a temporary expedient. The Chairman said Adams Street is a Town project be- cause of the shopping center in Burlington, and seething, would be done about it, that a section may be done in the coming year. He said the ideal thing is a wide enough street and proper curbing. This will be standard on Adams Street. Mr. Owens said to let him urge the Board to do some- thing post haste less detrimental to the looks of the neighborhood, that is why he was here. Mr. Owens retired at 9:15 P.M. 1 Mr. Edward Dever and Mr. Herbert Hoffman met with the Board. Mr. Dever stated he was an attorney in Arlington, and introduced Mr. Herbert Hoffman, President, to the Board, who, he said,would speak this evening. Mr. Dever said Cablevision Corporation of America is in existence in forty-eight states, only exceptions are Hawaii and Alaska. They have one station in Nashua, N.H. Licenses in Malden, Medford, Brockton, Somerville, Beverly, Amesbury, Hull. They have erected a tower in Malden which would service this area. They have two broadcasting stations, WBOS FM, WMTV in Maine. Mr. Hoffman stated twenty-six communities in the Commonwealth have CATV, one-quarter million receive TV the modern way. He stated it is a community venture, and would give Lexington its own TV station. It could include the High School, tied in with the school system, tutoring help, educational programs, etc. They install cables along the town ways and pay for this. Licensing fee would be per mile per year for cable installed rather than 5% of gross income. He stated they have a tower in Malden which services an area of twenty miles and which is located near the Medford border. He stated they feel well qualified in this business, and he would invite the Board to visit Nashua which is operating. He stated the installation charge is #4.95, and a monthly charge of $1.95, no contracts are required, that they operate similar to the telephone company. He said they would not raise their rates, in fact they might reduce them later on, but no new rates for 10 years. Mr. Cataldo asked if they had surveyed and what it would take to cover Lexington. 1. What would their licensing fee fully cover. 2. Valuation of their system within the Town. Mr. Hoffman replied about $400,000.00 worth of plant, cabling, etc., 100 miles of street, they make a study of how many homes per mile. The Chairman asked if they had been in any area long enough to be assessed. Mr. Hoffman stated they string the cable along the utility pole only where there are poles, and go under- ground where they go underground. He said the tower would be up in six weeks in Malden, and would be oper- ating in April of next year. Mr. Cataldo asked how long it would take to come up with costs, etc., and Mr. Hoffman replied a complete study could be done in three or four weeks. Mr. Hoffman and Mr. Dever retired at 9:50 P.M. 19,1. CATV 192 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if Executive made public, might adversely affect the public security, Session the financial interest of the town, or the reputation of any person. Following discussion relating to departmental matters, and appointments, it was voted to resume the open meeting. A true record, Attest• Exec tive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen's Room, Town Office Building, on Monday, 0btober 16, 1967, at 7:30 P.M. co 1 193 SELECTMEN'S MEETING October 16, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Roam, Town Office Building, on Monday evening, October 16, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee, and Kenney were present. Mr. Gray, Acting Superintendent of Public Works and Executive Assistant, Mr. Wonham, Assistant Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. At the request of the Town Clerk, two jurors were drawn as follows: Jurors George A. Horner, Jr. 96 Hancock Street Richard F. Phelps 34 Fair Oaks Drive Mr. Gray reported a call from a gentleman at #17 Baskin Road complaining about children cutting across Worthen Road and going through his property. He stated, as the Board knew, Hayden has a fence and he requested that the Town extend the fence to keep the children off. If this fence were extended, there would have to be openings made. The Chairman said this is more of a civil mat- Complaint ter than anything else. Mr. Gray said he would call the High School and request the pupils to keep off, that he would call Mr. Johnson. He said there are no funds for a fence, and he could probably get cooperation from the School Department. Mr. Cataldo asked if he had put a sign up, Mr. Gray said apparently not; that he would look into it, but the Town could not do anything about a fence this year anyway. The Chairman read a letter from Mr. Legro, Town Counsel, relative to application by Battle Green Motor Inn for the erection of a billboard on Route 128 on railroad embankment south side Billboard north lane, and also a reply which he had prem pared for the Board to sign in the event it voted to object to the erection of the sign. 194 Mr. Cataldo suggested that the Board register an objection. Mr. Kenney said otherwise the final say rests with the Outdoor Advertising Division. Upon motion duly made and seconded, it was voted to write the letter, prepared by Mr. Legro, giving notice of the Board's objection and requesting that a hearing be held by the Division before final action is taken on the application. The Chairman referred to letter from a group of Wheeler Road residents, copy of which the Board had Wheeler received from the Planning Board, and Mr. Legro's Wheeler Road reply to that Board. Road The Clerk was instructed to send a copy to each member of the Board, including the Chairman. Reference was made to letter from Lipnick & Lee Tax regarding vacant land owned by Mrs. Veola•C. Mason. Title In the absence of Town Counsel, it was voted to hold this letter over for the next meeting of the Board. Letter with reference to claim from Daniel T. Carey, 16 Gorham Road, Belmont, Mass., was held over Claim from the last meeting of the Board. As Town Counsel was not present at the meeting, it was voted to hold the letter over until the next meeting of the Board. The Chairman read a letter from the Board of Health relative to cigarettes being offered to minors at the Fairs and Carnivals for which the Selectmen have given). Violation permits, and which, of course, is in violation of Gen- eral Laws, Chapter 70, Sections 6 and 7. The Chairman stated that in the future care will be taken to notify the organization requesting permission of this stipulation. Letter from Mr. and Mrs. Edward Domings, 8 Dunham Tax Street, relative to the purchase of Tax Title Lot 3, Title Valleyfield Street, was read by the Chairman. The Chairman stated this letter designates the legal acceptance of the land. The Chairman read a letter from Edward D. Duncan, Treasurer, Lexington Savings Bank, in which he reported C.J 1 deposits in the Bank under Trustees of Public Trusts, Cemetery Funds, a total principal of $34,910.00; also in addition, under Cemetery Trust Funds, the following: #22390 - Emma I. Fiske, #23736 - Herbert Hilton Flower Fund Principal $ 300,00 Trust Fund Principal $4,577.47 Letter from Mrs. Leo Kutrubes, 4 Bond Road, rela- tive to the traffic problem at the corner of Waltham Street and Worthen Road, and also requesting traffic lights at this intersection, was read by the Chairman. It was voted to refer this letter to the Traffic Study Committee for its consideration. Mr. Gray stated he had a copy of letter which the Traffic Study Committee drafted and which the committee would like to have published in the Minute -man. He said it might be beneficial,if the Board issues a policy statement so its position would be understood. He stated it was the joint feeling of Chief Corr and Mr. Zaleski, and said there would have to be a copy for Alan Adams in the morning. The Chairman stated, basically, there is nothing wrong with it, but wondered what it would accomplish. Mr. Gray referred to the fourth caption relative to signs, and stated that motorists do not read them, and the Committee felt these should be called to the attention of the public. The Charman asked if the Board had any objection to the committee issuing this statement. Mr. Mabee asked about the Worthen Road and Waltham Street intersection and stated he would like to have a report on it. Mr. Gray said this study was made about three years ago, and that the committee would report back to the Board. Mr. Mabee also referred to Massachusetts Avenue and Worthen Road intersection, and Mr. Gray said that study was made just about a year ago. Mr. Robert Gary, Chairman, Buckman Tavern Recon- struction Committee, met with the Board at 7:45 P.M. Mr. Gary stated the Buckman Tavern Reconstruction Committee would like to ask the Board's approval for obtaining the services of Donald M. Muirhead as con- sultant for the work, and read a letter from Mr. Muirhead, 195 Trust Funds Traffic Traffic Study Report Buckman Tavern 196 in which he stated his charge would be at the rate of $12.00 per hour; that he had already received $1270.00 and this would apply against the fee not to exceed ten per cent of the contractor's charges. Mr. Gary said there was an appropriation of $25,000 for the work, and the committee would like to proceed to advertise for bids which could be this week or next; bids to close November 9 at 1:00 P.M. in the Selectmen's Room, and the awarding of the con- tract Monday, November 13, 1967. It would take four- teen to sixteen weeks on the job. Upon motion duly made and seconded, it was voted to approve the committee obtaining the services of Mr. Donald M. Muirhead as consultant for the recon- struction of Buckman Tavern as outlined by Mr. Gary, Chairman. Mr. Gray reported that a gentleman came in to get the wage schedule. Mr. Cataldo said this has to be advertised twice. He stated the Board should get Paul Mazerall to rope off an area to get around the building, to set this up, and Mr. Gary replied it would be a great help as they would have to get a truck to clear out the building. Reference was made to the Cummings' property, and Mr. Gary said he had been unable to contact several people who were interested, but he would have some in- formation for the Board a week from tonight, and would go into the matter further. Mr. Cataldo asked what they were asking for the building, and no one seemed to know. Mr. Kenney said it was beyond repair, that he had been in, and Mr. Gary said he personally felt it was Cummings beyond repair, but some houses have been reconstructed Property and preserved, and he thought the Society in particular would like to see an effort made to save the small cot- tage, if they could find someone who could offer the Board a proposal. He said the Board of Appeals wanted it to remain as one parcel. Mr. Cataldo asked who could make it one parcel, and Mr. Gary replied he was not sure, it is part of the cemetery. Mr. Cataldo said the Town maintains the cemetery, and Mr. Gary replied the house and cemetery are con- sidered as part and parcel of the same picture, but he could not report anything further at this time; that the Society is working on it. Mr. Gary retired at 8:05 P.M. 1 197 The Chairman read a letter from William A. Halsey relative to the Public Works Building contract, and certifying that the work has substantially been com- Public pleted. Works Mr. Cataldo said this is just for the Board's in- Building formation, that they were still not going to move into the lunchroom and the general office area, everything else but that was complete. The Chairman read an application of the Hartwell - Lexington Trust, 60 State Street, Boston, sent to the Board from the Department of Public Utilities, relative to exemption from casing requirement subject to listed conditions. This is just for the Board's information. Letter was received from Thomas F. Ryan, 53 Vine Street, requesting permission on behalf of the Saint Paper Brigid and Sacred Heart parishes, to conduct a paper Drive drive on October 29, 1967. Upon motion duly made and seconded, it was voted to grant the request. Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation on behalf of Joan Sohnetzer, 935 Massachusetts Avenue, satisfactory character references having been received from the Chief of Police. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on October 9, 1967. The Chairman read a letter from Miss Mary R. McDonough, Town Clerk and Treasurer, submitting her resignation as Town Treasurer, effective November 16, 1967. Cert. of Inc. Minutes Resig- nation Upon motion duly made and seconded, it was voted to accept the resignation, with regret. The Chairman stated before November 16 the Board will have to appoint an interim Town Treasurer, and he would hope by the next meeting it would be able to do so. The Chairman reported receipt of the traffic pro- jections on Worthen Road from the State. State Mr. Cataldo felt the Board should analyze them and Traffic set up a meeting as planned and do this in the next two Pro - weeks. Everyone interested can come and the Board could jections come up with a decision. 198 Mr. Kenney asked if it would help if the Board had the report published, putting it in the Minute -man, and those interested can come to the hearing, that he felt the prople should know and let them decide. Mr. Alan Adams, present at the meeting, said he would like to report this as one of the items in this meeting, that the public would realize it prior to the public meeting. It was voted to hold an informational meeting in Cary Hall on Wednesday evening, November 1, 1967, at 8:00 P.M. Mr. Evert Fowle, Planning Board, came in to the meeting and the Board asked if that Board would be available for a public hearing on that date, that the Board felt the Planning Board should be represented. The Chairman stated there was a vacancy in the position of Sealer of Weights and Measures, that the Board can make a provisional appointment, and read a memo from Mr. Perry, Town Comptroller. He stated he had talked to the executive clerk in Belmont where Sealer of Mr. Chadwick was the Sealer and they have an assistant Weights & who has taken over automatically. He said he didn't Measures know whether he was a veteran or not. Mr. Cataldo waid he would like to consider Bernard Belcastro for the position, and the Chairman said he would have to take the Civil Service exam. Mr. Cataldo said he is here and has an office and asked if the Chairman would talk with him. The Chairman said he would report to the Board next week. Mr. George P. Morey, Chairman, Trustees of Public Trusts, met with the Board. Mr. Morey introduced Mr. William McEwen to the Board, and stated he is Secretary of the Employers Group, Investment Manager. He stated Mr. Rutherford is not present this evening. Trust Mt. Morey stated the Trustees met on September 27 Funds and voted to ask the Board to request certain funds. He stated Mr. Legro had received a copy of the meeting and read his letter to the Board. He said he would like whatever the Board voted tonight to be confirmed by Counsel for the Town. He said the Trustees were con- cerned about the fact that they have been accumulating for a long, long time and they would like to get rid of them, and have voted to turn over the following amounts to the Selectmen: (Quote). 1 199 VOTED: To turn over to the Selectmen $150.00 of accumulated income from the Orin W. Fiske - Battle Green Trust Fund to be used for the maintenance of the Lexington Battle Green or the monuments erected thereon. VOTED: To turn over to the Selectmen $900.00 of accumulated income from the Geneva M. Brown Fund to be used for improving and beautifying the (Common) Battle Green and the triangular parcel of land in front of the Masonic Temple. VOTED: To turn over to the Selectmen $1500.00 of accumulated income from the Cemetery Trust Fund - Munroe to be used for Munroe Cemetery. VOTED: To turn over to the Selectmen $900.00 of accumulated income from the Charles E. French Colonial Cemetery Fund to be used under the direction of the Cemetery Com- missioners for the care of the older part of the cemetery in which are buried the. bodies of Rev. John Hancock and his wife. The vault enclosing their remains to re- ceive due care. VOTED: To turn over to the Selectmen $600.00 of accumulated income from the Hayes Foun- tain Trust Fund to be used for the care of the fountain and the grounds immediately around it. VOTED: To turn over to the Selectmen $1000.00 of accumulated income from the Herbert Hilton Fund to be used under the direction of the Cemetery Commissioners for general cemetery purposes. VOTED: To turn over to the Selectmen $2700.00 of accumulated income from the Everett M. Mulliken Fund to be used for the care of Hastings Park. VOTED: To turn over to the Selectmen $200.00 of accumulated income from the George W. Taylor Flag Fund to be used for the care of the Battle Green. 2.00. VOTED: To turn over to the Selectmen $900.00 of accumulated income from the George W. Taylor Tree Fund to be used for the care, purchase or preservation of trees for the adornment of the Town. VOTED: To turn over to the Selectmen $1200.00 of accumulated income from the Albert Ball Tenney Memorial Fund to reimburse the Town for the expense of nightly illumi- nation of the Lexington Minuteman Statue. VOTED: To turn over to the Selectmen $2500.00 of accumulated income from the William Augustus Tower Memorial Park Fund to be used for the care, maintenance and im- provement of Tower Park. VOTED: To turn over to the Selectmen a total of $9000.00 of accumulated income from the Bridge Charitable Fund and the Elizabeth Bride Gerry Fund to be used for the benefit of the deserving poor of the Town without distinction of sex or religion. VOTED: To turn over to the Selectmen $2500.00 of accumulated income from the Beals Fund to be used for the benefit of worthy, indigent, American -born men and women over sixty years of age. VOTED: To turn over to the Selectmen $800.00 of accumulated income from the Harriet R. Gilmor Trust to be used under the direc- tion of the Board of Public Welfare for the benefit of the poor people of the Town. VOTED: In accordance with the request contained in a letter from the Chairman of the Board of Selectmen dated June 27, 1967, addressed to Mr. Morey, and filed with these minutes, to approve the expenditure from the Bridge Charitable Fund of $500.00 out of income to pay for summer camp ex- periences for children whose families are in receipt of assistance from the Board of Public Welfare, to be paid as bills are sub- mitted. The payment of two bills for a total of $119.00 already received was approved. 1 201 VOTED: To approve the payment of bills of $27.00 and of $9.00 from the income account of the Herbert Hilton Fund to J.T. Carlson from flowers placed by him in the Hilton cemetery lot. VOTED: To approve the expenditure of $270.00 from the Edith C. Redman Trust for the purchase of sod for the Battle Green. VOTED: To authorize.;, the expenditure of $37.68 from the income of the Charles E. French Fund for the purchase of medals. VOTED: To approve the purchase of 100 shares of Shawmut Association stock out of the $3500 transferred by the Cemetery Commis- sioners to the Trustees for the account of the Westview Cemetery Perpetual Care Fund (see minutes of last meeting) and an additional $2000.00 so transferred. VOTED: To sell $20,000 U.S. Treasury 21s of 6/15/69 from the Westview Cemetery Perpet- ual Care Fund and to invest the proceeds in $20,000 of legal discount corporate bonds, the balance to be invested by the Treasurer at his discretion in stock of one of the three banks in which the assets of the Fund are presently invested. He said the Trustees believe the votes are within the scope of the various instruments and would like to have the Board request that these be turned over to it. The Chairman asked, on the funds that are to be used for the Cemeteries, rather than being turned over to the Cemetery Commissioners they would be turned over to the Selectmen. He said what the Board could legally request, they would. Mr. Morey asked that the Board request $7,000, and the Chairman said the Board would make every effort to spend the money judiciously. Mr. Morey retired at 8:50 P.M. Mr. Cataldo referred to a call he received from the Superintendent of J.F. White Company, stating they had 200,000 yards of peat, which was coming out of Spy Pond Lincoln in Arlington, which he said he would like to see if it Street could be used in conjunction with the Lincoln Street Project project. He stated it is pretty dry, and it might save money to finish the Lincoln Street project. 20)2 Mr. Gray reported that Mr. Zehner was having a meeting Thursday evening, that there were two replace- ments needed. He said the School Department wouldsend its representative. Mr. Alford Peckham's name was suggested, and it was stated that this was his professional field. Mr. Kenney stated the Board could make the appoint- ment now. Uponc:motion duly made and seconded, it was voted to appoint Mr. Alford Peckham a member of the Town Re- port Committee if he is willing to accept the appointment. Mr. Mabee suggested the name of Doris Pullen, if Appoint- she were willing to serve, and upon motion duly made and menta seconded, it was voted to appoint Doris Pullen a member of the Town Report Committee if she signifies her will- ingness to serve. The subject of Data Processing was referred to in a Data Pro- letter from Mr. Perry, Town Comptroller, and Mr. Gray cessing stated he would report back next week. Mr. Cataldo said with regard to committees, the Town Office Building Committee has two vacancies, but there are so many changes in the Town being thought of, he didn't know how much further it could go. He mentioned the separation of the Town Treasurer and Clerk; Superintendent of Public Works; Installation of Data Processing and the space needed. He wondered how much further he should go at this time, and asked what the Board wanted him to do. The projections of what exist; the locations of these offices, come up with an overall plan. Mr. Alan Adams stated the Structure of Town Govern- ment Committee is coming up with something in March, and there would be some changes. Mr. Cataldo said this is. what the Committee has been thinking about, and would like some direction from the Board. He said his personal feeling is that the committee cannot be ready for the March meeting, to see what changes are going to be made and then do the job. Hr. Mabee said he felt it was important to have a flexible building program. Upon motion duly made and seconded, it was voted Executive to go into Executive Session for the purpose of discus Session sing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. 1 1 203 Following discussion with the Fire Commissioners, land acquisition, slope easements, salaries, Union, Asst. Bldg. Inspector, it was voted to resume the open meeting. Mr. Cole reported that the School Committee would like to meet with the Board on an informal basis on Meeting Tuesday evening, November 7. The Chairman reported that the Board had heard from two CATV companies already. He said he had been told to hold off making any decision until some time in January, CATV that there is some Federal action coming up, and the best thing to do is to hold off, and he would pretty much take their word for it. Mr. Kenney said there was no urgency about it. The Chairman said he would seriously consider having something. Mr. Kenney referred to the Cummings' property. He stated Donald Noyes asked if the Board felt it should have the O.K. of the Historic Districts Commission. Mr. Cataldo stated if the Board declares it unsafe, it doesn't need their permission, that: it is in the Town By - Laws. Mr. Kenney stated if it is that clear, there is no Cummings' need for it. Property Mr. Cataldo said he would like to talk to Mr. Lawless himself, and ask how much he wants for it, that tt depends on what he is asking. The Chairman stated he would get in touch with him. Upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M. A true record, Attest: ecutive Clerk, Selectmen The next regular meeting of the Board of Selectmen will be held in the Selectmen's Room, Town Office Building, on Monday evening, October 23, 1967, at 7:30 P.M. 204. SELECTMEN'S MEETING October 23, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 23, 1967, at 7:30 P.N. Chairman Cole, Messrs. Cataldo and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. Mr. Mabee came into the meeting at 7:55 P.M. Mr. Gray reported receipt of a letter from Chief Corr, Lexington Police Department, relative to the Air Board's letter with regard to the policy decision of Pollution the Board of Selectmen accepting the report of the Policy Air Pollution Committee. He stated the Chief is checking to see if citizens have a legal permit for burning, and has issued an order to all officers, copy of which he enclosed. Bid for Repairs to Cary Memorial Building, Mr. Gray reported bids were taken on repairs to Cary Memorial Building replacing the copper gutters and repairing and replacing tar roofs. Bids were received as follows: John F. Shea Co., Inc. $ 8,062.00 W. E. Smith Co., Inc. 14/444.00 Mr. Gray stated John F. Shea Co., Inc. has an excellent reputation and he would recommend that the contract be awarded to this company. Upon motion duly made and seconded, it was voted to award the contract to the John F. Shea Co., Inc., 41 Hollingsworth Street, Mattapan, Massachusetts, for repairing and replacing tar roofs and replacing the copper gutters on the Cary Memorial Building as per specifications, in the amount of $8,062.00. Mr. Gray reported a request to the Traffic Study Committee for a Police Officer on Hartwell Avenue at Traffic Maguire Road, and he would recommend that the Committee Officer would like to have an officer at this location. He Hartwell stated the problem had been discussed many times and Avenue the committee felt this should be done. He stated this location is becoming increasingly a problem; that two public buildings are opening up within a month and 1 205 another within a year, four or five hundred people em- ployed, and the committee feels it is necessary. Mr. Cataldo stated they met with Itek three months ago and with their expansion and problems they have, the Traffic Committee has looked into other means of traffic regulations; and he felt at this time they should try the Police Officer and see how it works out. He said he understood that M.I.T. is paying for its officer, but the Board should realize also that they are not paying taxes to the Town. Itek is a substantial taxpayer, and has to be considered differently. He said there is no other way to solve this problem, $3.50 en. hour, $17.50 a week, $850.00 a year; that they couldn't get traffic lights anyway. Mr. Kenney asked, just one hour in the afternoon, and Mr. Cataldo replied to just try one hour in the afternoon, it is inexpensive. Mr. Gray stated there is a great problem in the afternoon coming out into a solid line of traffic. Mr. Cataldo said traffic counts had been made on the three turns, and the dump site didn't help, making four, and it weighed heavy on Itek expanding or getting another building in Burlington, and he would rather see them expand in Lexington. He said their sewer problem had been solved, so for a small amount of money, it should be done. Traffic is bad at that hour of the day, and Itek was using it as a crutch at this point, and such a small amount of money is involved. It may not be the answer. Mr. Gray said, until the Traffic Safety Study is completed, and how it will be implemented. He said they are sure they couldn't get lights and are fully aware of the problem. The Chairman stated every time a project is started on a temporary basis, it ends up being permanent. Mr. Cataldo said Eldred Street would probably be- come involved, but that it was an entirely different situation, the volume of traffic, and in thirty days they can make an evaluation. He said he would move that the recommendation be approved on a thirty day trial basis. Upon motion duly made and seconded, it was voted to approve the request of the Traffic Study Committee for a Police Officer at Hartwell Avenue and Maguire Road for an hour in the afternoon on a thirty day trial basis. 206 Mr. Gray submitted plans for slope easements so that sidewalks can be constructed and Mr. Legro can acquire the necessary easements for the Board; Valleyfield Street, Laconia Street, Payson Street and Kendall Road. Upon motion duly made and seconded, it was voted that Mr. Legro be authorized to prepare the necessary easements as outlined by Mr. Gray. The Chairman stated, in line with this, he had a let- ter from Fred Conroy, on behalf of Harda Rowe, objecting Slope to the removal of a shade tree located in front of her Easements residence at 69 Blossomcrest Road, and stated this would not be taken down without a hearing. Mr. Gray replied that this tree is not to be taken down, and stated others withdrew their objections when they found that the trees would be replaced by the Town. The Chairman referred to the letter from the Wheeler Road group which had been held over from the last meeting of the Board. Mr. Legro said there were two recommendations by the Wheeler citizens who wrote to the Planning Board and said that Road the Zoning By -Laws covered it as clearly as the proposed amendment. Second, he stated it was his feeling that the Building Inspectors other duties are under the other By - Laws of the Town which suggest what should be followed. He said the Police Department does assist and could ac- complish if they wanted to. The Chairman referred to letter from Lipnick & Lee held over from the last meeting of the Board, with reference to lots of Mrs. Veola C. Mason which she Lots 37,38 wished the Town to purchase. Meagher- Mr. Gray stated these lots are in the Meagherville ville section, within the school site, and should be held un- til more information is received. Mr. Gray will advise that he would be in touch with theca in the near future with regard to these lots. Request from the Mystic Valley Gas Company for per- mission to locate a 4 inch high pressure welded steel gas main in Follen Road was read by the Chairman. Upon motion duly made- and seconded, it was voted to grant the request to locate a 4 inch high pressure welded steel gas main in Pollen Road subject to con- formation with specifications of Mr. Wenham, Assistant Superintendent of Public Works. 1 1 The Chairman read a notice from the Alcoholic Bever- age Control Commission relative to the provisions as they relate to the sale and delivery of alcoholic beverages on Veterans' Day, November 11, 1967, and also on Thanksgiv- ing Day, November 23, 1967. Upon motion duly made and seconded, it was voted to conform to the provisions as outlined by the ABC. Notice of a public hearing by the Alcoholic Bever- ages Control Commission was read by the Chairman, with regard to two new Regulations to be issued, i.e., #52 and #53. ABC The Chairman asked Town Counsel if the Board Hearing should be represented at this hearing, and Mr. Legro replied this would be of no concern to this Board. 207 Veterans' & Thanks- giving Daye Upon motion duly made and seconded, it was voted to authorize the Chairman to sign I.D. Liquor Identi- fication Card for Dianne Potter, 21 Fair Oaks Drive, satisfactory evidence of her age having been estab- lished. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen's Meeting held on October 16, 1967. Mr. Gray reported he received a call from Mrs. Battin, Structure of Town Government Committee, who would like to meet with the Board on November 7 relative to some of the proposals that committee would make. The Chairman stated the Board already had a com- mitment on that date and asked that Mr. Gray call her and get an alternate date. He stated on the 7th of November there was a meeting with the Great Meadows Committee in the Science Hall in the High School, and felt the Board should support them. Mr. Gray said he would check with Mrs. Battin. I.D. Card Minutes Meeting The Chairman referred to the Worthen Road Hear- ing on November first. He stated both Estabrook and Hearing Cary Halls should be reserved, pending the number of people who came. Mr. Kenney asked if any member of the Board would be able to attend the Library Trustees meeting tomorrow Meeting evening. The Board had a previous commitment, Mr. Robert Higgins' testimonial dinner. 2O8 Invitation to attendCaatalk Chairman tor. Shawd nonntheaUNon atto thehe Wiloard liam Diamond School tomorrow evening. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if Executive made public, might adversely affect the public secur- Session ity and financial interest of the Town or the reputa- tion of any person. Following an interview for the position of Town Engineer, and a legal matter, it was voted to resume ' the open meeting. The Chairman stated there would have to be some:: one to replace the Sealer of Weights & Measures. Mr. Gray reported he had talked with Mr. Green Sealer in the Division of Civil Service, and he would be glad Appoint- to spend some time with whomever the Board appoints. went Upon motion duly made and seconded, it was voted to appoint Mr. Bernard Belcastro, Sealer of Weights & Measures, subject to certification of the Civil Ser- vice list. Mr. Cataldo stated the Board should be thinking about budgets and notifying the different departments. Budgets Mr. Gray said the notices had already been sent out and the departments had until November 20. Mr. Gray reported that one of the members appointed to the Town Report Committee would not be able to serve. Mrs. Pullen felt it was more than she could do at this Town Re- time, as she is writing a book and felt she needed some - port Com- thing more for diversion. mittee The Chairman asked if the members of the Board had any thoughts for a qualified man or woman for this com- mittee, it would be helpful; someone proficient in writing or public relations. Mr. Gray stated he hada conversation with the Harvard Trust Company relative to the lot next to the Baker Baker property, and they were considering putting up Property a chain link fence, and would like to come up with something more attractive for the Center, but they were willing to allow the Town to use the lot for parking if interested so that it could be policed, as it is private property. 1 The Chairman said if the Town obtains a lease from the Harvard Trust, would it have to get permission how the lot could be used, and the reply was, it would have to as it is being used for a parking lot now. Mr. Cataldo stated not only for parking but for the same thing at night. Mr.. Gray said he would like to have the Board's permission to discuss it with Mr. Legro. Mr. Cataldo asked how long it will be in this con- dition, and Mr. Gray said it would be at least six months before anything would be done. Mr. Gray said it may be used for parking but it is private parking, but the Town would have to give it up eventually. The Chairman stated then the Town will be re- linquishing a parking area, and if the Town leases it, it will have liability obligations. Mr. Cataldo suggested having a discussion with the Harvard Trust Company as far as the use of the land is concerned, and if they are undecided, maybe this will help them decide. Mr. Gray showed a plan of the Center, and stated they are almost through laying the brick, and wished to move the bus stop in front of Depot Square, for which he would like the permission of the Board. He said it would take a week or so to move the stop. He said there could not be any parking for the bus in Depot Square, but they might be able to put three or four meters in here, pointing to the plan, more than were originally planned for. The Chairman said it was necessary to do this, and asked if it would be possible to put some kind of struc- ture so people could be sheltered while waiting for a bus. Mr. Gray replied funds could be made available for such a structure. Mr. Cataldo said when that section is designed, it could be incorporated in it. Mr. Adams, present at the meeting, stated he felt Fred Emery left that for a park, and Mr. Cataldo re- plied the Town bought it from the Railroad, that it bought the whole parcel. Mr. Mabee wondered what ideas the Planning Board had in regard to the building that Mr. Adams referred to. 209 Bus Stop 210 At 9:15 P.M., members of the Planning Board, Messrs. Worrell, Fowle and Lund, and the Conservation Commission members, Messrs. Sussman, Ripley, York, and Smith, met with the Board. Mr. Evert Fowle stated he was Acting Chairman for the group, and would speak on zoning information. He stated there were two things they had discussed: an Assistant Building Inspector to follow through on the zoning ordinances, a procedure which might be followed before a building permit is issued, tighten up the whole process, in issuing permits on lots not legal. The Chairman said this has been considered actually lately, and there will be a report to the Board next week, and the Board is working toward an Assistant Build- ing Inspector. He said it is difficult to find pro - Planning fessional help for the Town, and stated the Assistant Board re- will be a full-time job. At first, it might not be, but zoning the Board is working diligently on this at the present time. Mr. Fowle said the difficulties that exist in the Town are not too satisfying, and said the appointment of a member of the Police Force might be considered, and referred to the letter in this connection: some- one who might be able to make inspections during the evening, the idea of the police being on duty twenty- four hours a day, in particular on Wheeler Road. He said heavyvehicles are brought late at night and left there during the night which is difficult to enforce when the Inspectors. work only during the day. The Chairman said this could be taken care of with the present schedule, that efforts can be made using the present structure. Mr. Cataldo felt this was a minor issue and said the Board should encourage this to be done under the present structure. The Chairman said this could be followed up now. Mr. Fowle said the Planning Board would look for- ward to this being considered. Mr. Fowle said the other thing is the process when someone applies for a building permit. If the request Building is proper and the Building Inspector establishes this Inspector fact, the problems that can arise; a subdivision which has lots not released from the covenant. He felt they had just been considered as mistakes. The Chairman asked if this could be corrected and have the Inspector check with the Planning Board. 1 Planning 211 Mr. Fowle said for a lot not on a legal street, a permit should not be granted until the street is improved and conforms to the By -Law. The Chairman said the Building Inspector is not giv- ing a permit for an illegal lot yet, and asked if the Planning Board had met with the Inspector to talk on any of these matters. Mr. Zaleski stated he had discussed these matters with him and the only instance as far as building on a street which is not legal, he didn't know of any. When- ever he is in doubt, he goes to the Town Engineer or him, Mr. Zaleski. The Chairman asked if there weren't easy solutions to it; to check with the Planning Board. Mr. Gray said there was a meeting on legal streets about three years ago, and this whole matter came up, reviewed permits, and he drew sketches on the board. He said there is a. procedure to be followed. Mr. Fowle referred to a person having a legal lot with frontage on the street which he could convey, and said if he made a plan of this which showed a partition of the lot, the Building Inspector doesn't get a copy of these formees. The lot had been divided and was not a legal lot. He said the Planning Board would be the first ones to have the knowledge of a nonconforming lot. He spoke of easements on property unbuildable and said the Town Engineer has knowledge of all of these and the classification of streets. Copies of the formees which are recorded in the Registry of Deeds. He said the Building Inspector, in granting a permit, goes to the Town Engineer, then he issues a permit if all require- ments are met. He said this wouldn't eliminate all loopholes. The Chairman said to establish a procedure which would involve the Building Inspector, the Planning Board and Town Engineer. Mr. Fowle said the Planning Board was making this suggestion to the Selectmen as its idea to ask the Town Engineer to make, to be done systematically. The Chairman said the Board would see that it is in effect, and assumed it would establish it. Mr. Gray said he would talk to the Building In- spector. Mr. Gray said he would talk to the Building In- spector. Mr. Fowls referred to Worthen Road, and said the 212 Planning Board bad discussed making a request for more Worthen information. Road The Chairman stated it had a copy of all the in- formation the Board had. Mr. Fowle said the things the Planning Board was concerned about the traffic projections for Worthen Road, two alternates to and from the east on Pleasant Street, questions they had no information on. Discus- sion was held with regard to the widening of Waltham Street, and the cost, and Mr. Cataldo said the State had been asked for costs and wouldn't come up with any cost estimates. The Chairman said these would not be available for the meeting next Tuesday, and asked if the Planning Board had changed its position on the Worthen Road connector. Mr. Tryon, present at the meeting, asked if the re- port from the State fulfilled what the Board of Selectmen asked for. 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, might adversely affect the public security, the finan- cial interest of the Town or the reputation of any person. Following discussion with the Planning Board and Conservation Commission relative to the acquisition of land, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:50 P.M. A true record, Attest: Ea[ecutive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen's Room, Town Office Building, on Monday evening, October 30, 1967, at 7:30 P.M. 1 SELECTMEN'S MEETING October 30, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, October 30, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. At the request of Miss McDonough, Town Clerk, four jurors were drawn as follows: Paul E. Hamburger John F. Egan Rod J. Ames John R. Jackson 18 Cooke Road t.7 Wachusett Drive 3 Rolling Lane 24 Webster Road 213 Jurors Mr. Gray stated he had a request from David Luca, a High School student, to meet with the Board next Mon- day night to discuss using the Battle Green for a Public Public Rally to support the boys in Vietnam, similar to the one Rally held in Wakefield on Sunday. Upon motion duly made and seconded, it was voted to grant David Luca permission to meet with the Board on Monday, November 6, 1967, at 7:45 P.M. The Chairman read a letter from Mr. Irwin, Building Inspector, relative to appointing Mr. Richard Soule, 16 Hancock Street, as substitute Building Inspector dur- ing his absence while attending the Municipal Building Officials Conference to be held at the University of Massachusetts, November 14 through 17. Upon motion duly made and seconded, it was voted to advise Mr. Irwin that the Board had no objection. The Chairman read a letter from Alford S. Peckham submitting his resignation from the Conservation Com- mission, the reason being he has recently been appointed Resigna- a member of the Town Report Committee and felt it unwide tion to serve on both committees. It was agreed to accept Mr. Peckham's aesignation from the Conservation Commission, with regret. Substitute Building Inspector 214 465-475 Mass.Ave. Extension of Time Letter from Mr. George Lawless, owner of property at 465-475 Massachusetts Avenue, requesting further six months' extension on the demolition of the property. The Chairman stated, as the Board knew, the Board had voted an extension to November 1. Mr. Kenney asked if the Board had received any in- formation from the Historical. Society, and the Chairman replied in the negative. The Chairman stated he was talking with an individual who goes around the country restoring old houses. He stated he came down and looked at this house, and he feels he has someone who might be interested in the property, but it would involve a change &n zoning. He said he could not find any basis for the Board of Appeals to make a vari- ance. He stated the man would like to use it as a residence with an antique business there, but the Chairman said he saw nothing in the By -Laws to permit it. Mr. Cataldo said he felt the Board of Appeals would not be against something of this nature, but he couldn't see anyone coming up with the kind of money Mr. Lawless is asking. He said Lawless had been offered $16,000 for the property which he would not accept and stated he is asking $26,000. He felt $16,000 was a substantial offer for the condition the property is in. He said there would have to be a substantial variance or rezoning, and in that case, it would not be the preservation they are looking for, what they are trying to preserve. If Lawless came up with some substantial approach, Mr. Cataldo said he could see going along with this exten- sion, and felt he, (Lawless), should recognize the fact that no one is going to do this, and he will have to take a loss and sell it for $16,000 or have the Town remove the building. Mr. Kenney asked how long Mr. Lawless has owned the building, and how many extensions he had had, and the Chairman said this started at least a year and a half ago. The property was owned by Cummings, a milk dealer; that he, (Cummings), had been served a notice to a hearing which he ignored, and the hearing was re- scheduled. Just when the Board was to tear it down, he sold it to Lawless. He stated it is rather difficult to understand why people were not agitated earlier than they are now, and wished the Board had heard something from the Historical Society. Mr. Cataldo stated it is not known that this is an Historical house, and the Chairman replied this house was lived in in 1804 by Jonas Locke. Mr. Cataldo stated it is not certain that he did. co 1 215 The Chairman stated he thought the Board should act with dispatch, that something good could develop and the best thing would be to grant a limited extension. Mr. Burnell said he felt the Town should try to maintain these old colonial homes if it possibly can, and felt in this instance, he would be in favor of grant- ing some extension of time, possibly a month or two more; that he didn't feel it would really make any difference. Mr. Gray reported a conversation with Mr. Ripley who hoped the Board would consider the facts when it made a decision, but stated there is nothing concrete. The Chairman said there is one individual interested, the building would be restored in its present form, but it would have to be rezoned. Mr. Kenney said to give him sixty days, and the Chairman asked just what would be expected for the con- sideration for the extension. Mr. Legro said it would depend on what the nature of the problem is, whether is is dangerous. He said he had tried to reach Mr. Jacquith but was unable to reach him, that in his letter the only question was the danger. The Chairman said where the Board had declared the building unsafe - - Mr. Legro said it authorizes the demolition or re- moval of dangerous architectural features, a composite of all architectural features. Mr. Cataldo paid if Lawless would cut it to a re- alistic price, and the Chairman asked how someone could be told to cut his price on a building, as the Board knew he had turned down the $16,000 offer; and asked if it is possible that the Board of Appeals could allow an antique shop there. Mr. Legro said there is no way to determine in ad- vance what the Board of Appeals might favor to a petition of this nature. Mr. Cataldo asked if this individual would pay $26,000, and he would grant a thirty day extension if he applies for a variance to come up with a finding or some new matter. If he applies, the Board will grant an extension. Mr. Legro stated he didn't see how the Board can sustain that position, whether the building is dangerous or a nuisance, if the order was to make the building safe or demolish it, that there were other things or- dered to be done too; thirty days to make the building safe, he didn't see what bearing it had on the use of the premises. Mr. Cataldo replied, something being done to abate the nuisance. 216, Mr. Legro said he thought it perfectly good judgment to grant further time to make it safe, or demolish it, that the future use of the building either it has to bear on the fact it is dangerous or a nuisance, that however good the Board's motives are, it doesn't fit together. Mr. Cataldo said if the Board grants thirty days, it will be for nothing, it will go for thirty days more, either fix it up or demolish it. He said if Lawless comes in with a plan, O.K. The Chairman said the Board is trying to be help- ful and not tear the building down without a reason, that it wants to be justified in everything it does. Mr. Mabee said if Lawless makes the building really safe, he had no objection to an extension, that safeness and nuisance are the reasons the Board wanted it down, no other reason for not granting an extension. Mr. Burnell stated the Board all agrees on this point, that the time element hasn't been agreed uponi The Chairman stated the Board should advise Law- less to use due diligence in making the building safe. Mr. Legro said, seriously, provided he makes it safe forthwith. The Board makes him the alternative to make it safe or demolish it. Upon motion duly made and seconded, it was voted to grant Mr. Lawless a thirty day extension provided he makes it safe forthwith. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on October 23, 1967. The Chairman referred to Item #2 on the Agenda, and reported that Mr. Mooney, Port Authority, could Hanscom not be. present this evening due to a more urgent Field prior commitment, but would be here two weeks from tonight to clarify and answer questions regarding Hanscom Field for commercial use, and what the future uses will be. Transfer Mr. Gray reported a request for transfer he re- ceived for the Retirement Board for $75.00. Upon motion duly made and seconded, it was voted to approve the transfer of $75.00 for the Board of Retirement -Expenses Account. 1 Mr. Gray said the Capital Expenditures Committee would like to meet with the Board of Selectmen next Monday evening, to go over general expenditures for 1968. An appointment will be made to meet with that committee on November 6, 1967 at 8:00 P.M. At 8:00 P.M., Mr. George Limerick, 23 Hayes Lane, and Mr. Graziano, met with the Board with regard to a sewer and water charge on his property. Mr. Limerick said this was in regard to paying a charge in lieu of betterments for sewer and water, and he felt it should not have to be paid as the utilities were put in by a private contractor. Mr. Gray submitted a plan to the Board showing the area in question, stating that the sewer line was constructed by Mr. Tocci, but it is a Town utility. He stated it ends at the lot line of Mr. Limerick, that water extends to here, pointing to the plan. He said Mr. Limerick wants to tie into here and must pay a charge in lieu of betterments. It will cost $485.25 for sewer and $150.00 for water. It can be extended; 98.98 feet back and 100 foot frontage on this property, and he had discussed the matter thoroughly with Mr. Limerick. The Chairman asked who put the sewer in, and Mr. Gray replied, Mr. Tocci, under contract, no better- ments were paid at all on the lots in question. Mr. Tocci put the sewer in to service his lots, and ex- plained in this case here, it stops at Mr. Limerick's line. Mr. Graziano said the overall charge is almost $1,000, and he didn't mind paying a fair price. The Chairman asked Mr. Gray what it would cost for one hundred foot frontage, and he replied con- siderably more than that, that this is only $4..85 per foot, which is cheap, and if the sewer were ex- tended, it would cost a lot more than that, Mr. Lim- erick would automatically be charged whether he con- nected or not. The Chairman stated Mr. Gray has accurately stated the policy of the Town, that everyone is assessed the same way. Mr. Limerick and Mr. Graziano retired at 8:30 P.M. The Chairman referred to the funds of the Trustees of Public Trusts and asked Mr. Legro if next year when budgets are prepared, taking the Cemetery budget as an 217 Capital Expendi- tures Committee Sewer Connection Trust Fu#ds 218 example, if there is $1500 in its budget, its budget could include a transfer for that special purpose. Mr. Legro didn't feel it would take a town meet- ing vote, that he didn't feel the need to wait until next year with regard to any trust; that the Trustees could make available to the Cemetery Commissioners and be used for the purpose provided for in the will. The Chairman said money could be asked for from this fund and be obtained, and Mr. Legro said for the Commissioners to let them know they want to expend this amount for a specific purpose and if the Trustees agree it is a proper purpose and earmark the funds, then the Commissioners can send the bill to the Trustees for payment. The Chairman asked if it wouldn't be good judgment to acquaint the Cemetery Commissioners that this money is available to them so they can contact the Trustees. Mr. Sherman, present at the meeting, said they hoped to be able to use those funds for Westview Ceme- tery; that something had to be done up there very quickly. The Chairman referred to the different funds and asked if they could be included in the budgets, that a like amount could be included in the budget. Mr. Legro suggested that the budget figure be left as it is, and if there is a surplus, it will revert back to E & D. The Chairman read the list of Trust Funds. Mr. Gray said he would make some copies and see that Mr. Legro received one. The question was asked what the name of the Cemetery in East Lexington is, and Mr. Sherman replied it is deeded to twenty-five persons' names at least, and dates also from 1784, i.e., Robbins, Buckman, Estabrooks, and well- known families. He stated they have a map showing the: lots and where .everyone 'ie :buried:'and It gives the names of all persons. He said he wanted to know why the Town was maintaining it if it were private, whether the Town has the right to maintain the cemetery. Mr. Sherman said the Board of Assessors does not assess it, as it was not worthwhile, one or fifteen dollars, its income would not be worth anything. Mr. Cataldo spoke of Lincoln Street, and stated the agreement expires November 1, fill from DeMatteo, and he Lincoln would like ten days to two weeks' extension. He sug- St. Dump gested November 15 as the date of the extension. Upon motion duly made and seconded, it was voted to extend the agreement with DeMatteo to November 15. 1 219 The question was asked about the grass at the Hart- well Avenue land fill, and Mr. Cataldo stated there were Grass three different methods of grassing up there, that it Hartwell was on the left as you enter. He said all three worked, Avenue and they wanted to see which would hold up the best. 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 regard to acquisition of property and personnel, it was voted to resume the open meeting. The Chairman reported that as the Board knew, the name of Bernard Belcastro was proposed for the Sealer Sealer of of Weights and Measures as a provisional appointment. Weights & Mr. Gray said the approval had been received from Measures the Division of Civil Service for a period of thirty days. Upon motion duly made and seconded, it was voted to adjourn at 9:50 P.M. A true record, Attest: ecutive Clerk, Selectmen North Street Pit SELECTMEN'S MEETING November 6, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 6, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldoi Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. The Chairman welcomed Mrs. Fish with several Jr. High students who came into the meeting to observe. Mr. Robert Bond, Chairman of the Recreation Com- mittee met with the Board. Mr. Bond stated that the Recreation Committee met this morning at the North Street pit. He asked if there is any possibility of having fill in the pit next to North Street, the Committee would like to have it filled, that the Committee might eventually put the back area for swimming. He said it is a beautiful spot and nothing could be lost by filling the front area. He said the Committee was very much worried about the swimming pool-. and was afraid it would have to ask for money in the spring. Mr. Gray said when the agreement is finished, they could get started working out the details. Mr. Mabee referred to Mr. Bond's statement that the Committee was worried about getting the pool done next season, and Mr. Bond replied that they would not be able to use the small pool because the work would not be donee He stated last year the Committee had to come back for $10,000 and no one wants to ask for money. Mr. Mabee asked if the Committee had checked with the Planning Board, and Mr. Bond replied in the negative. Mr. Mabee said he would like to have the approval of the Planning Board before anything is done with re- gard to filling the area, because that Board was the one who originally approved this area in the long range plan. Mr. Bond said one of the reasons is the letter he gave Mr. Gray this evening with regard to the old Reservoir. He said this ties in with the North Street area. This pit is 36 feet deep and isn't usable for anything. He said something might be done with the back one. co I^� 1 22t Mr. Cataldo said he thought the Board should check with the Planning Board, that they may have some thoughts which no one else has thought of. Mr. Mabee said perhaps they have something in mind and felt it should be checked out. He said if the Plan- ning Board agrees, he would be in favor of it and back it up for Recreation. Mr. Burnell stated when this area was purchased, there was a program recommended for its development at that time. Mr. Kenney asked if this pit is spring fed, and the reply was in the affirmative. Mr. Mabee said it was his caution to get another Town Board to give perfunctory approval; that he was not opposed at all, but in all deference to the Planning Board, this is a natural thing to do and he thought the Board would be remiss in not asking for their opinion. Mr. Cataldo said this was done on the Lincoln Street dump. The Chairman asked Mr. Bond to have the Planning Board let the Selectmen know its decision. Mr. Gray reported he had the letter Mr. Bond re- ferred to, which he read to the Board. He stated there is only one copy of the report, plus liworiMibps, but he would have some copies made. The Chairman said he would leave the maps avail- Bill for able for perusal by the Board. Old Res Mr. Gray said he would like the Board's approval Study of the bill, which was enclosed. Upon motion duly made and seconded, it was voted to approve pent of bill from Jason M. Cortell in the amount of $1,000.00 for a Bio -Engineering Study and Report on the Old Lexington Reservoir. Mr. .Gray reported on bids taken on Monday, Octo- ber 30, 1967, on the Interceptor Sewer as follows: Bids J. D'Amico, Inca $73,875.00 Inter - Great Northern Constructors,Inc. 76,835.00 ceptor Ricci & DeSantis 78,155.00 Sewer He stated the low bidder was J. D'Amico, Inc. at $73,875.00, plus $8,865.00 for engineering, making a total of $82,740.00. He said there was only $72,500.00 appropriated, and more money is needed to award this contract, but he would have a definite report by next Monday for the Board, whether or not they would re - advertise; but he wished to discuss it with Mr. Legro. It was voted to hold this over another week. `222 Public Rally David Luca, a high school student, and Rosemary Meehan, and two other boys, met with the Board relative to holding a Public Rally on the Battle Green in support of the boys in Vietnam. David said they would like to have a permit to use the Battle Green on Sunday, the 12th. He said they could not have it the llth due to the fact they wanted the High School band. He said he had talked with Governor Volpe's personal secretary and she said it would be impossible for him to speak on the llth, that Sunday would be better. The Chairman asked if this was a rally to support the boys in Vietnam, backing them, and had no political stand- ing. He asked what their plans were. David said they had met with the Town Celebration Committee last Monday and had permission from them to use the speaking platform and take it over to the knoll straight across the green facing toward Buckman Tavern. He stated they wanted to get the Board's permission. They hope to have State Senator McKenzie, and possibly Senator Brooke; also local townsmen and ministers of every faith. He said a member of the VFW said he would like to speak, also Mr. Martin, the Governors aide. He stated a group went to see the USS Boston which had just returned from Vietnam. He stated one of the mates is Dick Trainor oh Winthrop Road. The Chairman stated the Board would like adult ad- visors, and asked who they had. David said there are teachers from the school but they did not wish their names to be given. David said they had talked with the Celebrations Committee about a concession stand, but the committee was against it, thought it would be better without. Then he asked the Board if they could sell flags. Mr. Cataldo stated as they were not going to have the rally on Veterans' day,. why they were only giving themselves a week, and David replied there are twelve local football games which would take away their stance Mr. Cataldo asked if they would have it organized in as short a time as six days, and David said the adults would do something for than to get people im- pressed, that it is primarily a youth rally. In Wake- field there was something in the paper. Mr. Mabee said in all requests from youths the Board has always asked for adult sponsors, someone specifically named to back up the group, and David asked why the Board would have to have that. Hr. Mabee explained sometimes the groups use public property as well, and the Board has to have someone responsible. 1 David asked if the Board would take their parents' names: C. Charles Luca, 5 Minola Road; John P. Meehan, Joseph R. O'Leary,•Mrs. Nancy Anschuetz. He said they hoped to have 80% of the High School, plus quite a few of the townspeople, a crowd of 3,000. He said they would put it in the paper, and they also wanted to send personal letters. The Chairman stated the group had put a lot of thought in it, and had only one week to prepare for it. David said they talked; with the fellow in Wakefield and he gave them a lot of ideas. He stated if political parties ask to speak, they intend to filter; they didn't want anything political, that would be denied. He said they could speak as long as they have contacted them and the group has read what will be spoken on. Mr. Kenney asked if there isn't a group on the Green on Sundays, and the Chairman replied in the af- firmative, but it is between 12 and 1 P.M. The Chairman asked what the Board wished to say on the first issue, and Mr. Cataldo replied before it grants permission, the Board should ask the group to use the same areas as other organizations have used and conform to certain requests. The Chairman said there is a difference, that this group will be standing on the green, but it is right to make the point clear. Mr. Mabee said they were hoping for 3,000 people, and the matter should be discussed with the Chief of Police, as there would be a lot of people in a small space, and the Chief will provide what police control is necessary and be there. Rosemary said they were asked what would happen if one of the speakers fell off the platform, and David said they were using the smallest one the Town Celebrations had. Mr. Cataldo said it should be made clear that no holes would be dug without Mr. Mazerall's approval. The Chairman referred to the concession to sell flags, and they asked if they could carry them, that all profits would be donated to the USO. Mr. Mabee suggested that they forget this part, and David asked if it would be necOssary to have a per- mit if the group gave them away, one or two hundred flags. The Chairman said he didn't think it would be help- ing anything, and Rosemary said when they were in Wakefield, it added to it. The Group retired. 224 Capital Expendi- tures Committee The Capital Expenditures met with the Board. Mr. Chapin, Chairman of the Committee, was not present due to a death in the family. The Chairman said Mr. Gray had met with Mrs. Rawls and pretty much resolved some of the questions. Mr. Boughton said he thought with a few exceptions they understood the current situation. He said first they would like to get expressed opinions on the need for accelerating sewer construction, the need for it, and would like to talk about that problem. The Chairman said he had had many personal calls complaining about the lack of sewer system. He asked about the policy of expenditures that have been followed in the past few years, and the in- crease was probably at the same rate as the population increase, and at the time the Town reaches saturation, development of all the land for sale, at that time the committee hopes there will be operating sewer system to the whole Town. The Chairman said new construction will be done on a sewer system basis more or less on priority, trunks will be extended to service new subdivisions as they are created. Mrs.Rawls asked if backup was keeping the Town from getting there, and the Chairman replied every year when the Board of Health is asked, there are seri- ous problems. Mr. Mitchell asked if the Board of Health recom- mended any areas which have not been fixed. The Chairman said there have been a million re- quests for laterals. He said many were not put in which there are bad conditions, and a list could be given to them showing these. Mr. Gray said we can give them copies of last year. The time element was mentioned and the Chairman said fourteen years not twenty, that it should be done in a shorter period of time. Mr. Boughton said to step up the rate of spending in this portion to reach that objective. Mrs. Rawls said $500,000 for sewers and the Board was figuring $750,000, that is going up quite a bit. Mr. Cataldo said somewhere in the vicinity of $14.00,000 for laterals, that the increase is not $750,000 but $650,000. Mr. Boughton asked about the trunk sewer and said they were looking at the trunk budget. Mrs. Rawls asked how much of this was the water element, and said there are two subdivisions in the works now and wanted to know if the Board had any further figures on that. co 1 2 2 'l Mr. Gray said they were working on it now, and would give them the figures when they got than. Mr. Cataldo said the Beard cannot commit the Town to a trunk or sewer system Without the money.. Sub- divisions are coming in, no,unlimited amount of spending. Mrs. Fish and the students retired at 8:30 P.M. Mr. Boughton asked at what rate is the Town ex- pecting to construct sewerso $500,000.00 a year, and the Chairman replied $250,000 for trunk sewers to take care of possible subdivisions that come in. If used would want to make a concrete proposal. Mrs. Rawls said on the old budget $250,000, some- thing was going for subdivisions, some for problem areas. Mr. Boughton mentioned the requests of the Fire De- partment budget, which the Chairman read. The Chairman referred to the Rescue truck, which he said was seventeen years old, and stated it had been used plenty, and it would seem reasonable that it should be replaced, but stated the Board needed more information, Fire that this was the first time it had seen the report. Dept. Mr. Boughton said the committee would Appreciate Budget very much having the joint thinking of the Boards, and the Chairman said until the Board talks with the Fire Commissioners, it would be reluctant to discuss it with his committee. Mr. Boughton asked about Chapter 90 money for next year, and asked if it was designated for Mass- achusetts Avenue, the section of the "tree," and the Chairman replied it can be used somewhere else. Chapter Mr. Boughton asked if the Town's request would be 90 reduced or what would this additional fund be used for, and the Chairman replied it would not reduce it, it would be used for other work. Mr. Boughton asked if there would be additional money for Blossomcrest and Philip Roads, and Mrs. Rawls questioned why the request was so much higher, and the Chairman replied there Are many roads, and bids have been greater than the estimates. Mr. Boughton referred to land acquisition, and Land stated the committee had talked with the Planning Board Acquisi- with regard to recreation attid conservation purposes. tion and he was sure the Board was aware of an ambitious program for this proposition and the committee reached the question with them of how this should be done from a practical point of view; how this could be planned, arranged, financed and executed. 226 Beauti- fication Lexington Center Lincoln Street Center Lighting The Chairman asked what the figures were for recrea- tion. Mr. Boughton stated recreation items were in a $350,000 program to be carried out over the next two or three years, conservation and major recreation. Mrs. Rawls asked if they should have options on land before money is asked for it. Mr. Boughton said financing for the particular time involved, that it is hard to handle it at Town Meeting. Mrs. Rawls suggested a joint executive session meet- ing to discuss these proposals, most of which would be conservation land, then it could be discussed as indi- vidual boards. Mr. Boughton asked what the plans were for the con- tinuation of the beautification program, and the Chairman replied he would like to see what expense will be neces- sary here, the parking program extension, that it could not afford to be put off much longer. Mr. Cataldo referred to Edison Way, and said maybe it could be done with the money the Town has, and if it could be done for a small amount, it should be done. Mr. Gray sketched on the board, Massachusetts Avenue, Muzzey Street to Depot Square, and stated there were two lanes of traffic on each side, that it was seven feet wider than it actually was. Mr. Cataldo said the street will be lined, that the travelled way is exactly as proposed. Mr. Gray stated $30,000 had been spent up to date, $5,000 or $6,000 was landscaping design, entire street to Wallis Court, that everything, wages, etc., were in- cluded in this amount. The Capital Expenditures Committee retired at 9:10 F.M. Mr. Cataldo referred to the Lincoln Street dump, and said DeMatteo would be out of there in a couple of days. Mr. Leslie York and Joseph Rooney of the Chamber of Commerce met with the Board with regard to the Chaistmas lighting in the Center. Mr. Rooney said he had been involved in picking up the soliciting for the Xmas lighting. He said Mark Moore picked it up, and said that the Chamber of Com- merce has decided not to handle the lighting. He said a lot of people have the wrong concept of the Chamber of Commerce, that only forty per cent comprises the retailers' part, and the Chamber of Commerce. presently 1 227' do not have enough finances to handle the overall light- ing of Lexington Center. He quoted the Information Booth figures: 1965 - 14.00 people; 1966-3600; 1967 - 5372; this is for ten months. He said in 1966, 4.5,000 people, thus far in 1967, 57,000 people have come through there. He said they were willing to turn over what lighting they have to the Town. Mr. Gray asked about the cost of the lighting, and Mr. Rooney replied, $2,000. He said it wasn't too bad when one individual picked up the bulk, but with the new lighting system there is dissension among the re- tailers, but he said he would do it again this year. He said he, personnaily, would like to do the job right Center and get more involved; that it should be on a master Lighting plan, but they would commit themselves to a certain portion. The Chairman asked if this year there would be no lights, and Mr. Rooney replied in the negative and stated that the Chamber will handle it this year, that they did not feel they should come in and say "no Xmas lights," Mr. York said they were trying to forewarn the Board that expenditures are getting so great that the Chamber could not support the whole thing, that the thing has grown so, and feel that now is the time to talk to the Board before the budgets are worked on. The Chairman asked what it would cost, and the re- ply was $2,000; $8,000 to run the Information Center. Mr. Mabee asked about subscriptions and the salaries, and asked if this is out of that amount, and the reply was in the affirmative, that it is by vote of the Board of Directors, that information is part of legal business. Mr. Rooney said there had been a bitter feeling within the Center with regard to parking, under the present facilities as far as parking meters are con- Center earned. He asked if there was the possibility of the Parking extension of the parking lot to bring it down to Grant Street, and said up to 5:30 P.M. that place is packed. Mr. Kenney asked if they were asking to have it hot -topped or extended. The Chairman said this parking area will be con- sidered again, eventually something will have to be done in this area. Mr. Mabee asked if the Chamber of Commerce is in favor of lights if the Town pays for it. Mr. Rooney said Arlington shares the expense now, originally they did not, and said the retailers in Lex- ington are so dispersed, Countryside, Marrett Road area. 228 Com- plaints Busa's Stand Needs for Office Space Mill Brook Sewage Mr. Cataldo said the Chamber of Commerce would par- ticipate with a certain amount and asked what it would entail. Mr. Rooney said they would run into the same thing the Chamber did; that they did make a general solicita- tion to the entire Town but what the Town did, would be up to them. Mr. Kenney suggested appropriating a certain amount of money and let the Chamber carry the ball. The Chairman said either the Chamber does it or the Town, all or nothing. Mr. York said the Chamber could not carry both loads the Town takes this over, and the Chamber mans the booth at the Information Center. He said the Chamber has most of the equipment, that it had decided already. Mr. Rooney said it has been a problem for a good many years, we haae collected some funds as far as May or June. The Chairman said the Board had it in time for next year, and will consider it in the budgets. Mr. Rooney and Mr. York retired at 9:2$ F.M. Three letters of complaint were received relative to permit issued to Rosina and John Busa for the opera- tion of their stand on Lowell Street from Mr. and Mrs* D. Petringa, Mr. and Mrs. Christi Agresti, and Alyce D. Monahan. It was the consensus of the Board to refer these complaints to the Board of Appeals. The Chairman read a letter from Mr. Roland B. Gree- ley, Chairman of the Planning Board, relative to needs of the Planning Board and Board of Appeals for more space, especially for files. It was agreed to advise the Planning Board that this letter has been referred to the Town Office Build- ing Committee. Letter from the Arlington tive to raw sewage overflowing Metropolitan outlet sewer, was Mr. Gray stated they were It was voted to advise Mr tary to the Board of Selectmen referred to the Superintendent Board of Selectmen, rela- into Mill Brook from the read by the Chairman. trying to find other means. . Nieksay, Executive Secre- , that this matter has been of Public Works. co 1 Upon motion duly made amd seconded, it was voted to approve the following pole location: Henderson Road, northweste.ly side, northeasterly from a point approximately 211 feet northeast cif Blake Road, -- Two (2) poles. The Chairman read a letter from the Commonwealth of Massachusetts, DPW, relative to the reimbursement to cities and towns for not chore than 3/4 of the cost of installing suitable traffic control devices at high accident locations. Mr. Gray stated this is a Federal statute. Upon motion duly made amd seconded, it was voted to refer this matter to the Traffic Study Committee. Letter was received from the Commonwealth of Massachusetts, DPW, relative to the apportionment of $35,100.86 to Lexington ae a separate account to be appropriated for highway projects approved by the DPW. Mr. Gray stated this isivery similar to what the Town received two years ego. The Clerk was instructed to file this letter in "Budgets" and also send a copy to the Appropria- tion Committee. Letter from Mrs. Catherine Hooper, 50 Valleyfield Street, relative to lot 94 on Valleyfield Street which she wishes to purchase. It was suggested that a copy of this letter be sent to the Planning Board for its recommendation. The Chairman read a letter from Mr. John M. Ham- ilton, 66 Robbins Road, relative to purchasing lots 3 and S3 on Valleyfield Street and lot#8 on Grassland Street. It was voted to send a Copy of this letter to the Planning Board for its consideration. The Chairman read three notices for hearings from the DPU, Commonwealth of Massachusetts, with regard tb rates for dumptruck commodities hourly tonnage and yard- age, N.F. Road Builders' Association's minimum rates, etc., to be held on November 9, 1967 at 10:00 A.M. Mr. Gray said he would have someone cover these. 229. Pole Location Reimburse- ment for Traffic Control Funds for Highway Projects Tax Title Tax Title DPU Hearing 2 30 Letter from the Town Celebrations Committee, in viting the Board to participate in its observance of Veterans' Veterans' Day, was read by the Chairman. Day He said the Board could govern themselves accord- ingly. Request was received from the Church of Our Re - Paper deemer for permission to hold its semi-annual Paper Drive Drive on Sunday, April 21, 1968. The Board had no objection. The Chairman referred to the receipt of the Audit Audit of the Accounts of the Town of Lexington for the year for 19667 ending December 31, 1967 from.the Department of Corpora- tions and Taxation. He stated it was an excellent report. It was voted to accept the report and place it on file. Traffic Rules & Regula- tions Mr. Gray presented the Board with the copy of the Traffic Rules and Regulations and stated that the Chief of Police hopes they will be accepted. He said probably the Board knew that they have been working on these for a year and a half, checking with the State Department of Public Works and they have been updated. He said these rules designate the "No Parking" areas, Signs and hours for metered lots; that there are no major changes of the existing rules, just a revision of the present orders, changing the wording. He stated they have to be approved first by the Board and then go in- to the State Department to be approved. Copies are being printed up for each Police Officer and for the Selectmen. Mr. Burnell stated this has been needed for ten years or more, but he wouldlike to read them before the Board approves them. Mr. Gray said they should be approved as soon as possible. It was agreed to hold this natter over until next. week. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on October 30, 1967. Mr. Cataldo reported he was very happy that De - Lincoln Matteo would be leaving tomorrow or Wednesday. He Street said there is sufficient material to bring it up to the recommended grade of the Planning Board and 1 231:` Superintendent, and he would like a letter prepared for the people on Lincoln Street thanking them for putting up with the inconvenience as long as they did. He said there is one house which he has turned over to his insurance company to make restitution. He would like permission to go to Hartwell Avenue Hartwell and finish up there. It will cost $1,000 to erect Avenue the fence for landscaping the entrance. Mr. Gray said Manny and he were up there today, and in place of the fence, it is graded to the same height, it would eliminate the cost of the fence. Build in the next dyke, it is mostly clear, and this would serve the two purposes very well. He read beautification of Hartwell Avenue, in the budget asked for funds, and save the money of the fence, that no money has been spent and would like to have it carried over next year. He said they didn't figure it out, but it is 50 feet wide and six feet high. Mr. Cataldo saidit would take thirty or forty yards, eight loads a day, seven or eight days, that the fill is pretty dry now. Mr. Gray said it would completely shield the land fill from the street. Mr. Cataldo said he would like to include coming back and spreading whatever material, that the Town has DeMatteo's bond for $25,000, and he didn't think there would be any problem. Timewise, no time limit involved. Upon motion duly made and seconded, it was voted to. go along with the plan as outlined. Mr. Cataldo said the Board has the right to break the agreement within twenty-four hours. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion relative to Snow Removal, legal matters with Town Counsel, Departmental problems and appointments, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:55 P.M. A true record, Attest: cutive Clerk, Selectmen 232 SELECTMEN'S MEETING November 13, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, November 13, 1967, at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee and Kenney were present. Mr. Gray, Executive Assostant, and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. At 7:30 P.M., hearing was declared open upon the petition of the Boston Edison Company for permission to locate two poles on Waltham Street. Notices of the hearing were sent to the petitioner, owners of property as listed on the petitioner's plan and also filed with the Superintendent of Public Works. Pole Mr. Stickney, representing the Boston Edison Com - locations pany, stated this is due to the reconstruction of Route 2. No one appearing in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to sign the order and grant the petition for the following pole locations, both having been approved by Mr. Gray, Acting Superintendent of Public Works: Waltham Street, easterly side, approximately 16 feet north of Cambridge -Concord Highway, -- One (1) pole. Waltham Street, easterly side, approximately 14 feet south of Cambridge -Concord Highway, One (1) pole. Mr. Gary, Chairman of the Buckman Tavern Recon- struction Committee, met with the Board relative to the Buckman bids taken on November 9, 1967 for Beetle and Termite Tavern Control. bids Mr. Gary stated the consultant for the Buckman Tavern has been in touch with the three low bidders, and recommends that the contract be awarded to the low bidder, Daniel J. McCarthy, 373 Park Street, West Rox- bury, Mass., at the bid price of $22,300.00, conditioned 1 upon the company using sub -contractors approved by the consultant and said due to the nature of the work, the consultant has gone to some length to get comparable jobs and extra observation done trying to arrive at some understanding what bidder to use. He said McCarthy has expressed his willingness to meet these conditions. Mr. Cataldo stated in most jobs, they have used subcontractors, but here we just had one general bid. Mr. Kenney asked if there was any change in price of the contract, and the reply was in the negative. Mr. Cataldo moved that the contract for the Buck- man Tavern Reconstruction be awarded to Daniel J. McCar- thy Construction Company of West Roxbury. Mr. Gray stated he had a letter from Mr. Legro with regard to the Bedford Street -Winter Street sewer, which he read to the Board. He said this is relative to the easements for the sewer and Mr. Legro had to wait to release from the Boston Edison Company. Upon motion duly made and seconded, it was voted to execute the instrument as prepared by Mr. Legro. Mr. Gray stated he had the Traffic Rules and Regu- lations for the Board's approval. He stated Mr. Burnell had called and recommended that they be accepted. Upon motion duly made and seconded, it was voted that the Traffic Rules and Regulations of the Town of Lexington be adopted. Letters were received from the Mystic Valley Mental Health Association, Inc. and Mr. Abkowitz, Temple Emunah,, 11.sting the names of ten churches in Lexington, relative to the snow removal policy of the Town, and requesting that it be reconsidered and that plowing of the driveways and parking areas be continued. The Chairman read the letters to the Board. Mr. Kenney stated he did not see any reason to change from the policy of last spring. The Chairman said the Churches were all notified on April 21, 1967 that the Town would discontinue the plowing, and asked if anyone wished to reconsider the matter. It was the consensus of the Board that the policy should stand, and they would be so advised. Corr cer, The Chairman read a letter from Chief James F. relative to the resignation of Philip P. Spen- Jr., a patrolman in the Police Department, r Agreement & release of damages Sewer easements Traffic Rules & Regulations Snow plowing Resignation 234 effective November 23, 1967. Upon motion duly madeand seconded, it was voted to accept the resignation of Philip P. Spencer, Jr. Mr. Cataldo asked if the Board could request a list from Civil Service at this time, that there are two vacancies. Letter was received from Larchmont Engineering, relative to the Great Meadows, which the Chairman read to the Board. Mr. Tropeano suggested in his letter that the Board meet with Robert Trent Jones, the architect who built the Corpus Christi golf course, when he was in this area, and get his ideas to do something useful with the location. The Chairman stated that the work that was assigned to the committee has not been finished, that the problem Great is with the two Boards of Selectmen. Meadows Mr. Cataldo felt it would be a bit premature to meet with Mr. Jones at this time The Chairman stated he would write Mr. Tropeano and thank him for his letter, but due to the flexibility of the program, it would not be advisable to meet with Mr. Jones at the present time. The Chairman read a letter from Manfred P. Friedman, 176 Grove Street, submitting his name for consideration by the Board of Selectmen for the position on the Con- servation Commission caused by Mr. Peckhamts resignation. Conserva- The Chairman said this vacancy has to be replaced, tion and asked if any member of the Board knew Mr. Friedman. Committee Mr. Cataldo said his name would be considered with other nominees and suggested he send a resume. The Chairman asked Mr. Gray to get in touch with him IBM electronic voting Letter was received from IBM relative to electronic voting. The Chairman said this was tried out in Newton and the Mayor was rather furious with the problems en- countered; the votes were gotten out later with this type voting. Mr. Kenney asked if the Town still had the regular voting machines, and Mr. Gray replied that the Town has quite an investment, and has had no difficulty in getting the results very rapidly. The Chairman asked if the Board would like him to write and tell him it was not the propitious moment to consider voting at this time. Mr. Gray asked what type would he recommend, and CAD 1 upon the company using sub -contractors approved by the consultant and said due to the nature of the work, the consultant has gone to some length to get comparable jobs and extra observation done trying to arrive at some understanding what bidder to use. He said McCarthy has expressed his willingness to meet these conditions. Mr. Cataldo stated in most jobs, they have used subcontractors, but here we just had one general bid. Mr. Kenney asked if there was any change in price of the contract, and the reply was in the negative. Mr. Cataldo moved that the contract for the Buck- man Tavern Reconstruction be awarded to Daniel J. McCar- thy Construction Company of West Roxbury. Mr. Gray stated he had a letter from Mr. Legro with regard to the Bedford Street -Winter Street sewer, which he read to the Board. He said this is relative to the easements for the sewer and Mr. Legro had to wait to release from the Boston Edison Company. Upon motion duly made and seconded, it was voted to execute the instrument as prepared by Mr. Legro. Mr. Gray stated he had the Traffic Rules and Regu- lations for the Board's approval. He stated Mr. Burnell had called and recommended that they be accepted. Upon motion duly made and seconded, it was voted that the Traffic Rules and Regulations of the Town of Lexington be adopted. Letters were received from the Mystic Valley Mental Health Association, Inc. and Mr. Abkowitz, Temple Emunah,listing the names of ten churches in Lexington, relative to the snow removal policy of the Town, and requesting that it be reconsidered and that plowing of the driveways and parking areas be continued. The Chairman read the letters to the Board. Mr. Kenney stated he did not see any reason to change from the policy of last spring. The Chairman said the Churches were all notified on April 21, 1967 that the Town would discontinue the plowing, and asked if anyone wished to reconsider the matter. It was the consensus of the Board that the policy should stand, and they would be so advised. The Chairman read a letter from Chief James F. Corr relative to the resignation of Philip P. Spen- cer, Jr., a patrolman in the Police Department, 2-33 Agreement & release of damages Sewer easements Traffic Rules & Regulations Snow plowing Resignation 234 effective November 23, 1967. Upon motion duly made and seconded, it was voted to accept the resignation of Philip P. Spencer, Jr. Mr. Cataldo asked if the Board could request a list from Civil Service at this time, that there are two vacancies. Letter was received from Larchmont Engineering, relative to the Great Meadows, which the Chairman read to the Board. Mr. Tropeano suggested in his letter that the Board meet with Robert Trent Jones, the architect"who built the Corpus Christi golf course, when he was in this area, and get his ideas to do something useful with the location. The Chairman stated that the work that was assigned to the committee has not been finished, that the problem Great is with the two Boards of Selectmen. Meadows Mr. Cataldo felt it would be a bit premature to meet with Mr. Jones at this time. The Chairman stated he would write Mr. Tropeano and thank him for his letter, but due to the flexibility of the program, it would not be advisable to meet with Mr. Jones at the present time. The Chairman read a letter from Manfred P. Friedman, 176 Grove Street, submitting his name for consideration by the Board of Selectmen for the position on the Con- servation Commission caused by Mr. Peckham's resignation. Conserva- The Chairman said this vacancy has to be replaced, tion and asked if any member of the Board knew Mr. Friedman. Committee Mr. Cataldo said his name would be considered with other nominees and suggested he send a resume. The Chairman asked Mr. Gray to get in touch with him. IBM electronic voting Letter was received from IBM relative to electronic voting. The Chairman said this was tried out in Newton and the Mayor was rather furious with the problems en- countered; the votes were gotten out later with this type voting. Mr. Kenney asked if the Town still had the regular voting machines, and Mr. Gray replied that the Town has quite an investment, and has had no difficulty in getting the results very rapidly. The Chairman asked if the Board would like him to write and tell him it was not the propitious moment to consider voting at this time. Mr. Gray asked what type would he recommend, and 1 Mr. Cataldo suggested that he talk with Miss McDonough and if it can be improved, especially with regard to absentee ballots, it would be something to talk about; to see if there is any merit to it that she can bring to the Board. He said there are a great many absentee ballots. It was the consensus of the Board that this be referred to the Town Clerk. Upon motion duly made and seconded, it was voted to sign Certificate of Incorporation on behalf of Leon A. Burke, Jr., 5 Francis Road, Lexington, satis- factory character references having been received from the Chief of Police. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on November 6, 1967. Dr. Tryon, 102 Pleasant Street, net with the Board. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion with reference to potential litigation, it was voted to resume the open meeting. The Chairman stated he had a request from Mr. Outhet for permission to move a building, a garrison colonial, from 34 Haywood Avenue to Conastoga Road, and asked Mr. Gray if this would be checked out. Mr. Gray stated Mr. Outhet has taken it over this route before, and he could not see any problems, but he would check. Upon motion duly made and seconded, it was voted to grant permission to Mr. Ernest Outhet to move a house from 34 Haywood Avenue to Conastoga Road, subject to the approval of the Superintendent of Public Works and the Chief of Police. The Chairman read a letter from William Rae of the Great Meadows Committee, in which he enclosed bills in the amount of $46.61 which were incurred and paid for by members of the committee. Upon motion duly made and seconded, it was voted to pay bills amounting to $46.61 from the Selectmen's Expenses Account. 235 Cert. of Inc. Minutes Permit Great Meadows' Committee bills '236 Mrs. Gerald Tabeling, 86 Adams Street, met with the Board, relative to the guard rail on Adams Street. Mrs. Tabeling gave each member of the Board a plan which she said would enable her to explain what she was trying to say; that she was nothere to ask that the rail be taken down. She said she would like to ask who gave the authority for a portion of it to be taken down. She said about three weeks ago, a portion large enough for a car to get through was taken out, which surprised the whole neighborhood. They found out that Streeter Stuart wanted it taken down in order for him to transport fertilizer to his garden which is on a dirt road. She stated she had come down to the Engineer's Office to check and found out that Bayliss owns 115 feet and Streeter Stuart owns 40 feet to the edge of her land and the Town opened the guard rail in front of Bayliss' property for his use. The Chairman said in installing the guard rail, spaces were left open for any entrances along the way for all the pieces of property, in light of this. Mr. Gray stated it was the Public Works Depart- ment that was at fault, that Mr. Stuart wanted to get Adams into his property; that he had gone up and looked at Street it, and it was his fault for not checking. Mr. Stuart Guard said it was his property. Mr. Wenham said Mr. Stuart Rail had talked with Mr. Bayliss and the line was close and it was all right, he even called to see if the Public Works had put the chain there, that nobody could get through. Mrs. Tabeling said specifically, it was so he could not get through, that he has never asked if he could use their roadway ever, and she couldn't understand why it was not checked to see whose land it was. Mr. Kenney said Mr. Bayliss had called him. The Chairman said Mr. Stuart had requested it and it was a mistake. Mr. Cataldo said it was by a misinterpretation, that they took Mr. Stuart at his word, knowing who he was, and Stuart said he had permission to use this road. Mr. Kenney said Bayliss could have the rail back if he wishes it. He said Adams Street would be recon- structed, at which timethe whole guard rail can come down. Mrs. Tabeling said it would probably stay there. The Chairman said no definite time could be given, but it should be corrected. Mrs. Tabeling said in the future, she felt there should be a check made a bit more closely, and she thanked the Board for their consideration. 1 The Chairman mentioned the appointment for Mr. Mooney, Port Authority, and said there must be some misunderstanding as he has not come to the meeting. The Chairman read a letter from the Commonwealth of Massachusetts, Aeronautics Commission, relative to Chapter 709, Acts of 1967, with regard to restric- tions relative to runways at the Boston -Bedford Air- port. He stated basically this law does something to Chapter the approaches to Hanscom Field and is in the interest 709 of all Citizens in the vicinity of Lexington. Mr. Gray said Lexington is protected, the only problem being the trees. 237 Mr.Mooney Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, it made public, might adversely affect the public secur- ity, the financial interest of the Town or the reputa- tion of any person. Following discussion regarding committees and appointments, it was voted to resume the open meeting. Mr. Cataldo referred to the position of Town Treasurer, and felt the Board should reconsider the acceptance of the Town Treasurer's resignation in the Board's meeting of October 16, 1967, the effective date of November 16, 1967, and rescind that vote and accept the resignation as of November 30, 1967. Upon motion duly made and seconded, it was voted to rescind the vote of October 16, 1967, accepting the resignation of the Town Treasurer as of November 16, 1967. Upon motion duly made and seconded, it was voted to accept the resignation of the Town Treasurer, the effective date as of November 30, 1967. Resignation Mr. Cataldo stated he would like to nominate Mr. Paul G. Yewell, Town Treasurer, effective date of December 1, 1967. Upon motion duly made and seconded, it was voted Appoint - to appoint Mr. Paul G. Yewell, Town Treasurer in the ment Town of Lexington, to fill an unexpired term ending March 31, 1967, effective December 1, 1967. The Chairman asked if the Committee was looking into the space problem for the Treasurer. Mr. Cataldo said the committee has not been asked to do this, and asked the best way to implement the changeover. Town Office Bldg. Space 238 Appoint- ment Mr. Mabee asked if the committee had something in mind, and Mr..Cataldo replied they did have a couple of things in mind, but would like to think about it in the overall moves, i.e., Board of Appeals and Planning Board are asking to have some changes; part of the Treasurer's Office will be going upstairs in the Ac- countant's Office; the Town Engineer's Office will be separated, and he would, like to come back later with the recommendations along that line. He said there was a vacancy on the committee. He said Mr. Chapin had resigned, and the Capital Expenditures had been asked if they had anyone they wished to suggest, but no one wished to serve, and the Town Office Building Committee recommends a member of the Permanent Build- ing Committee be appointed to replace him. He would like to nominate Mark Moore, Jr. to replace Mr. Chapin. Upon motion duly made and seconded, it was voted to appoint Mark Moore, Jr., a member of the Town Office Building Committee to fill the vacancy caused by the resignation of Mr. Hugh Chapin. The Chairman stated the committee would be charged with the space problem. Mr. Gataldo referred to the Lincoln Street dump Lincoln and said they had moved out, that Wednesday was the Street & last day. He stated the Middlesex Extension Service Hartwell representative was out to Hartwell Avenue land fill Avenue and said they were doing very well, and will advise them how to approach the Lincoln Street dump; he would come back in two weeks. Upon motion duly made and seconded, it was voted to adjourn at 9:20 P.M. A true record, Attest: ecutive Clerk, Selectmen 1 SELECTMEN'S MEETING November 20, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 20, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCausland, Executive Clerk, were also present. Mr. Gray stated several months ago, the Board dis- cussed with Cabot, Cabot & Forbes the matter of the drain across Hartwell Avenue. The State still holds the fee in the way, but turned over the operation to the Town. He reported a 'phone call from Mr. Hanlon, State DPW, today with regardtoa permit requested by Mr. Flye, Cabot, & rorbes, who told the Clerk that the State had no juris- diction, and would issue no permits, that it was solely up to the Town of Lexington. Mr. Gray said he had heard nothing from Cabot, Cabot, & Forbes up to this time. The Chairman asked Mr. Gray to contact Mr. Hanlon and have this put in writing. The Chairman read a letter from the Board of Select- men in Dracut with regard to kindergartens, stating that its Board will be filing a bill in January to amend the Willis -Harrington Bill by deleting several sections of Kinder - the bill, i.e., making kindergartens mandatory through- garten out Massachusetts, and also requesting deletion of the bill 25 maximum pupils per classroom. They stated it would mean a considerable increase in taxes the year the pro- gram becomes mandatory. The Chairman stated this is for the Board's in- formation. State DPW Letter was received from Roland B; Greeley, Chair- man, Lexington Planning Board, relative to meeting with Meeting re the representative of the Port Authority with regard to Hanscom the future use of L.G,Hanscom field. Field The Chairman suggested a letter be written to Mr. Greeley stating when Mr. Mooney was scheduled to meet with the Selectmen, the Planning Board would be notified. Letter received from Mr. Robert K. Jeremiah, Wire Wire Inspector, relative to salary increase and car allow- Inspector ance, was read by the Chairman. 240 It was voted to inform Mr. Jeremiah that the re- quest had been referred to the Salary Review Board for its consideration. The Chairman read a letter from Mr. Rufus L. McQuillan, Chairman Board of Health, relative to the Health position of Mrs. Dorothy Jones, Clerk -Stenographer, Dept. and asking for a change in her classification to 3-12. Clerk It was voted to inform Mr. McQuillan that his request had been referred to the Salary Review Board for its consideration. The Chairman read a letter from Mrs. Evelyn M. Police- Silva, Secretary, Lexington Policewomen's Association, women requesting an increase in wages for policewomen. This request was referred to the Salary Review Board for its consideration. Letter was read by the Chairman from Mr. and Mrs. Great Charles Colburn, 82 Hancock Street, in which they Meadows stated their approval of the Board's attitude with respect to keeping the Great Meadows a natural area. The Clerk was instructed to thank them for their letter. Letter was received from Joseph A. Campbell, 260 Marrett Road, suggesting that the first Saturday in March might be a better election day than the. first Tuesday. The Chairman said basically the elections will be prior to the Town Meeting, and the By -Laws would have to be changed. Mr. Kenney felt this matter should be referred to the Structure of Town Government Committee, but Mr. Adams, present at the meeting, felt it was not the function of that committee, and the rest of the Board agreed. Town Mr. Cataldo said the Board made an unofficial Meeting survey of holding a Town Meeting on Saturday, but it is a religious day for some, and the same situation would hold in this respect. The Clerk was instructed to file his letter in the Town Meeting folder. Notice of a hearing to be held by the Department Notice of Public Utilities relative to Rules of Procedure to of be held on December 5, 1967, 10:00 A.M. was read by the hearing Chairman who asked Mr. Gray if he would attend. Mr. Legro stated this Chapter 30A pertained to Administrative Procedures. Mr. Gray said if he doesn't attend, he would see that someone represented the Board. CO 2 471 1 Letter was received from Mrs. Natalie H. Riffin, Vice Chairman of the Lexington Planning Board, recom- mending an electrostatic copier, such as Xerox, be purchased for use by all departments. Mr. Gray stated this had been under discussion for some time, and was under consideration at the present time. 241 Copier Letter was received from Mrs. J.G.Anthony, 30 Prospect Hill Road, relative to Water Pollution, copy of which had been sent to the Board of Health. The Chairman said the Board of Health would be Water in a better position to answer these questions on pollution. Pollution Mr. Cataldo said after the soil engineer looks at the North Street area, the Board will give the Board of Health a report. Letter was received from Mr. Zaleski, Planning Director, relative to tax title lots on Valleyfield Street and Grassland Street, about which the Board had requested a report. Mr. Gray showed the Board the map and pointed Tax Title out three lots already sold to Mr. Domings. He stated the Planning Board wants a minimum of 100 feet frontage.* Letter was received from Mr. Roland B. Greeley, Chairman, Lexington Planning Board, relative to tax title lots on Grandview -Eastern Avenue, which the Chairman read to the Board. Tax Title The Chairman stated on the basis of this report, the Board is not interested in the sale of these lots at the present time. Letter from the Commonwealth of Massachusetts, Department of Public Health, relative to insect pest control, prohibiting the use of DDT for the control of elm barkbe*es, and recommending that methoxychlor be substitutes, was read by the Chairman. It was the consensus of the Board that this be re- ferred to Mr. Mazerall, Park Superintendent. Mr. Cstaldo mentioned that methoxychlor is much more expensive. Two letters were received from the Mystic Valley Gas Company requesting permission to install a 2 -inch medium pressure welded steel gas main in Hayes Avenue, and a 4 -inch medium pressure welded steel gas main in Hamilton Road. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to install the following medium pressure welded steel gas mains at the locations listed below providing they conform to the specifications of Mr. 'Lenham: * It was agreed that Mr. Gray would report to the Board next meeting on this matter. Insect pest control Permit 242 2 -inch medium pressure main in Hayes Avenue 4 -inch medium pressure main in Hapilton Road. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification Card on behalf of Gregory A. Baldwin, 69 Buckman Drive, satisfactory proof of his age having been established. Upon motion duly made and seconded, it was voted to approve renewals of the following licenses: Woodhaven Country Stores, Inc., Common Victualler (renw'l.) Bellino's All American Pastry Shop " " " Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion relative to personnel, litiga- tion, and other matters, it was voted to resume the open meeting. 1 I.D. Card License Executive Session Mr. Cataldo referred to situation as far as the Treasurer's Office is concerned. He stated a meeting was held this afternoon with Mr. Perry, Miss McDonough, Mr. Yewell, Mr. Gray and himself, to get the machinery Treasurer's working to make the separation. He said after a long dis- Office cussion it was the final recommendation of everyone: Miss McDonough has five full time and one part-time girls. Now, he said, she would like to retain four full-time and one half-time girl in the Clerk's Office. The fifth girl will go upstairs in the Town Comptroller's Office. Along with this, the Town Comptroller will have an additional S-2 Account Clerk for his office to do the rest of the bookkeeping and ac4►uating now being done in the Treasurer's Office down Lairs. There will be a new part-time Treasurer. The group discussed and felt an S-9 Principal Clerk be authorized for the Treasurer's Office. This person will have to be on a five-day basis, and have full responsibility, and will need to be a person of substantial character who will assume responsibility in the absence of the 'Treasurer. Upon motion duly made and seconded, the Board voted to authorize an S-9 position in the Treasurer's Office, and an S-2 position in the Comptroller's Offiee. Miss McDonough has agreed to spend a considerable amount of time training the people in the Treasurer's Office. At present she is doing the bulk of the work, not only as far as procedures, records are kept, etc. It was stated, as far as the money is concerned, the Comptroller and Treasurer will have to get together and see how it can be done, as these two positions have tgev onr The A ppbriatigon Co nifttee should be ale ted a ar�nsIer e re wire or these two ositions. Transfer Mr. Cataldo reported that Mark Moore has agreed to serve on the Town Office Building Committee. The Chairman reported that Marilyn Hall and Leo Gaughan are both willing to serve on the Town Cele- brations Committee, but Mr. Broderick does not wish to continue. He proposed the name of Raymond Lewis. Upon motion duly made and seconded, it was voted to reappoint Marilyn Hall and Leo Gaughan, and appoint Raymond Lewis members of the Town Celebrations Committee for three-year terms expiring April 1, 1970. Upon motion duly made and seconded, it was voted to adjourn at 10:25 P.M. A true record, Attest: 243 Town Office Committee Appointment cutive Clerk, Selectmen The next regular meeting of the Board of Selectmen will �/ be held in the Selectmen's .Room, Town Office Buildingv-d on Monday evening, November 27, 1967, at 7:30 P.M. .. 244 SELECTMEN"S MEETING November 27, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, Novwmber 27, 1967, at 7:30 F.M. Chairman Cole, Messrs, Burnell, Cataldo and Kenney were present. Mr. L.sgro, Town Counsel, Mr. Gray, Executive Assistant and Acting Superintendebt of Public Works, and Mrs. McCausland, Executive Clerk, were also present, and Mr. Wenham. Mr. Gray reported receipt of a bill for payment from Tocci for the Public Works Building on Bedford Street. He stated the checks were being prepared in accordance with instructions; that the amounts were broken down into three categories, and two checks Public are to be held by Mr. Legro subject to receipt of re- Works leases from Tocci. Building Upon motion duly made arra seconded, it was voted bill to approve payment of bill in the amount of $45,342.00 from John Tocci & Sons, Inc. for work at the Public Works Building. Mr. Gray stated quotations had been taken on flooring at the Public Works Building, and only one was received from McGee Floor Covering in the amount of $997.00 for furnishing and installing Armstrong vinyl asbestos floor tile in the General Office Areas. Upon motion duly made and seconded, it was voted to accept the quotation of McGee Floor Covering for furnishing and installing Armstrong vinyl asbestos floor tile in the General Office Areas of the Public Works Building in the amount of $997.00. Mr. Gray reported on a complete dispatcher con- tract for the Public Works Building consisting of formica covered cabinets and desk top area in the sum of $995.00 from Sydney -Edwards Company. Upon motion duly made and seconded, it was voted to award the contract to the Sydney -Edwards Company for equipment in the radio dispatch office of the Public Works Building in the amount of $995.00. co e Yl r 1 Flooring Public Works Building Contract - radio dis- patch office Selectmen's Meeting -2- November 27, 1967 Mr. Gray stated Mr. Legro had sent him drafts of agreements for engineering services on the Instructional Pool, and these have been forwarded to Camp. Dresser & McKee. As soon as these have been returned, he will report to the Board. 245 Agreements Mr. Gray reported receipt of a letter from Cary Memorial Libraty relative to the insertion of an article Article in the warrant for work to be done at the East Lexington Branch Library. The Chairman stated as was the custom of the Board, an Article will be inserted in the warrant for the Annual Town Meeting in March. Mr. Gray read a letter from George H. Lawless rela- tive to an extension of time for the demolition of the property at 465-475 Massachusetts Avenue, and also read a letter with regard to the same property from Mr. Don- ald Nickerson, Chairman of the Board of Appeals, request- ing that the Board consider the matter of an extension of time before demolition would take place. The Chairman said he had been keeping in touch with 465-475 everyone concerned, and he didn't know what Mr. Tilling- Mass. Ave. past's plan was, but felt it must have merit to be con- sidered by the Board of Appeals. He said he would recom- mend that the Board give an extension. Mr. Kenney asked if the Board would give another thirty day extension, and Mr. Cataldo replied thirty days is not up for another ten days, and stated to see what Mr. Lawless does and he would be willing to go along with it. Mr. Kenney suggested that this be postponed till next 'Week. Mr. Burnell said he was in favor of giving a thirty day extension providing he does what he says he will. The Chairman said, all things being equal, at the Board's next meeting, the new buyer having done what he says he will do, the Board will go along and the extension of time will be considered at that time. Mr. Gray reported a letter from the. Junior Chamber of Commerce relative to the annual burning of Xmas trees, Xmas and stated he doubted if there would be any room for this tree type of operation at the dump, that there is no area avail- burning able. He said last year they used private property. Mr. Cataldo stated last year they didn't want it and used C.C. & F. property. 246 Selectmen's Meeting -3- November 27, 1967 Mr. Kenney asked if Mr. Gray had any other site in mind, and he replied not public land, and the onus is on them to find the place. Mr. Gray felt the request was made by a new member who did not know where they had it last year, but he will check. Mr. Joseph Trani and Leslie York came into the meeting regarding the parking situation in Lexington Center. Mr. Trani said they'had done a little bit of work. He stated much of the free parking is being used by all -day parkers. He said the area in back of Depositors Trust is filled to capacity including the filled in part towards Grant Street, perhaps 135 cars on the finished part and forty to fifty on the unfinished, filled all day long. He stated behind the Bargain Barn and Vinebrook Bottle Shop they have hired a police of- ficer to keep it free for their customers to park, and dome of tie merchants are 'vehement aboat the parking. He said the parking lot behind Woolworth's is not al- ways full, the parking lot behind the Savings Bank is partly full, and he felt finishing the parking lot Center towards the tracks would perhaps alleviate the situation. Parking Mr. York said it was their suggestion for the Board to look ahead to next years budgets and the beautifi- cation of the Center is arriving much on schedule and as the Board works on the request for next spring Town Meeting, something has to be done, that each day it is getting worse, each week as time goes on. He said some- thing has to be done where the Harvard Trust has the property, and they were suggesting that consideration be given to continue the parking area from Depot Square towards Grant Street. The Chairman said it had been put off, and Mr. York stated it looks as though it could not be done much longer. Mr. Trani stated it stunts any further growth plans that anyone night have; unless they could be guaranteed a number of parking spots, there is no interest. He said he did not feel at the present time that the park- ing meters should be taken out, that they are just penny meters, that most towns charge five and ten cents. Mr. York said it means a shifting, that there has been some shifting, all day parkers going in there, and stated when the snow cones, it will cut down the parking spaces that much more. 1 1 247 The Chairman stated the Board has heard their request, it is considered each year and they could be assured it will be given consideration this year. Mr. Trani and Mr. York retired at 7:50 P.M. Mr. Gray said while the Board was discussing the parking problem, he would like to mention the parking in the rear of the Town Office Building. He stated there is a considerable problem, that the circle in front of Cary Memorial they try to keep clear, but there were twelve taxicabs parked in the rear this morning, and all of the Post Office carriers, which presents problems. He said it was a public parking lot, but this problem was brought up six or eight months ago. The Chairman felt it could be controlled. Mr. Cataldo agreed and said it was getting to be a problem with the Post Office. Mr. Y,enney asked if it could be restricted to Town employees, that signs could be put up. Mr. Cataldo suggested having a talk with the taxi company and the Superintendent of the Post Office to make some of its lot available to the carriers. He said the parking lot out back should be redeAligned, and possibly there could be another line of autos. Mr. Adams stated some of the cabs are parking in the Meriam Street lot as well. Mr. Gray stated he would contact them, and will re- port back to the Board next week. Mr. Cataldo spoke of the requests for transfers. The Town Office Building Committee has a request from the Planning Board for additional space. They met last Friday, and felt that the Weights & Measures office downstairs should be turned over to, the Planning Board for additional files, etc. But they didn't recommend the door to be cut, but would more or less turn the space over to the Planning Board without the installa- tion of the doorway. He said they also discussed the space for the Town Clerk and for the new Treasurer, and came up with a 68" banker's partition. He drew a. sketch on the board showing the suggestions they had for the layout of the office, which he said, was satis- factory to everyone. He said there was only one drawback; $1,000 for partitions which includes one upstairs, and there is no money left in the Town Office and Cary Build- ing maintenance account; that a transfer would have to be requested, and this is what they recommend on the Clerk - Treasurer Offices. He stated upstairs in the Comptroller's office, they recommend taking the room now called the water billing room, making this a machine room and put all the machines there, the stamp -meter machine in the Collector's 248° Great Meadows Office as well, all the Town Office machines. He said they would take one clerk out of the Public Wo.°ks office and place the desk in the corridor, and she would be a receptionist. Put the table out here from the Comp- troller's Office, point to the sketch, and there would be two clerks out here. There would be no par- titions upstairs except in the Comptroller's Office for his private office. He said this would accomplish two things; it would keep the public out of the office, that there would be two or three benches in the :niL1. He said it would cost $1,000 for the partitions, some money to buy the incidentals for the Treasurer, $500. So they would ask for $1500 to implement the work. Mr. Gray stated they had to purchase two desks and two chairs but wouldn't have to buy any office machines; there were enough typewriters, just money for partitions and furnishing the building. Mr. Kenney asked how long it would take, and Mr. Gray replied four weeks after the order is placed. Mr. Cataldo said the equipment would have to be paid for this year. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for $1500 for the Town Office and Cary Memorial Building maintenance account. 1 Mr. Rae and Mr. Sparrow, Great Meadows Committee, met with the Board. Mr. Sparrow stated they were being pressured by the Arlington Selectmen, and asked what was the Board's recommendation. The Chairman said the committee had done every- thing it had been asked to do, and it was now up to the Great two Boards of Selectmen. He stated if there was any Meadows reason for dissension, it came out of that meeting. He said there had been many misunderstandings along the way pertaining to Town Counsel, and the statements made at the meeting were discussed. Mr. Legro stated he would like to know who put the statement in the paper that he would be present at the meeting. He said he would like to make a public state- ment that before any official puts anything in the paper with regard to Town Counsel, he at least talk with him first. He said there was no basis for it whatsoever from either him or the Board of Selectmen as far as he 249 knew; that it ooked as if the Town Counsel didn't bother to appear, and said no one had any right to expect he was going to appear. Mr. Sparrow asked if Town Counsel was advised not to come, and Mr. Legro replied that it was im- material. Mr. Sparrow said it was considered to be a fact. Mr. Legro said, he said he would not appear, that is the answer. Mr. Adams said they take authority from people they think are reliable. Mr. Legro said the comments were not very helpful. This is not Town Counsel's job, and it would be physically impossible to discuss every need with every interested person in the Town. He said thousands of questions come up every year, and a great many are not within the scope of his duties. He said 150 people taking pot shots at ridiculous solutions. Mr. Adams asked why he hadn't heard of this sooner, last Monday night, that he liked to know promptly, and he asked if there was a question of a mistake being made, that he knew Mr. Legro's policy. Mr. Adams said they did not make up the story, and wished he had known it. The Chairman said the next step is to talk to the Arlington Selectmen and is up to the combined Boards of Selectment. Mr. Rae and Mr. Sparrow retired at 8:30 F.M. Dr. Tryon, present at the meeting, asked what was the source of this information to Mr. Adams, and the reply was, Citizens of Lexington Conservation. Mr. Adams said he would like a statement from the Board on this. Mr. Legro said as long as things such as this don't happen again, that it is done with. If it can be learned from this, and as long as it doesn't happen again. Mr. Adams said this has come up many times, and he would like a statement regarding this matter, a clear statement. 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, might adversely affect the public security, the finan- Executive cial interest of the Town or the reputation of any per- Session son. Following discussion pertaining to litigation with Town Counsel, and personnel, it was voted to resume the open meeting. 250 Selectmen Meeting The Chairman referred to the Christmas and New Year's Day meetings, and asked if the Board would meet on December 26 and January 2, 1968. Upon motion duly made and seconded, it was voted to hold a Selectmen's Meeting on December 26, 1967 and the first meeting in January, 1968, on the second. Mr. Gray asked if the date for the closing of Warrant the warrant could be figured out. Letter from Mr. Manfred P. Friedman, in answer to the Board's letter requesting a resume, relative Conserve to the position on the Conservation Commission, was tion received. Commission The Clerk was instructed to send a copy to each member of the Board. The Chairman read a notice from the Middlesex County Selectmen's Association relative to its Annual Ladies Ladies Night to be held at the Meadow Brook Golf Club Night in Reading, and said if any of the Board wished to attend, to make reservations with the Clerk. The members of the Planning Board and Recreation Committee met with the Board. Mrs. Riffin said they had a very interesting meet- ing with the Recreation Committee, and there were two or three items they would like to discuss with the Planning Board. They would like to know the Selectmen's plans Board for development of the old dump site; what their thoughts are for the development of the area. She said they were also concerned about six acres of land ad- jacent to the Harrington School which the Recreation Committee and the Planning Board feel should be pur- chased by the Town, and wondered how this could be handled. She said they also had other areas they would like to discuss for the coming Town Meeting that they would like to know more about. The committees feel these should be discussed in Executive Session. Mr. Cataldo asked if these are the same areas, and Mr. Zaleski replied, these, plus additional. The Chairman said as far as the dump site is con- cerned, he would let Mr. Cataldo talk about this. Mr. Cataldo said basically they are looking for some money to come up with the master plan of the area, and until they have that, there is no way to tell how much money will be needed, that it is a big project. CO 1 2 1 He said there was more than one problem to contend with, that there is a big drainage problem, drains along Lincoln Street to the other side of the dump. He said this is work that should be done before anything else is started. Then we have the problem of the gas being generated from the old sanitary land fill. We also have the problem of parking to consider. Access roads and parking lots have to be con- structed. He said, he would say it would probably take $400,000or $500,000, and they should look to a three-year program once they get the master plan, that this is the most logical approach. Mr. Lund asked if this amount of money would include a stadium. Cataldo said this is strictly playing fields, and $500,000 seems a lot, that there were twenty acres of land to deal with. A water main should run through the middle: a foot of gravel and six inches of top soil, 32,000 yards of gravel, $4.0,000 to $45,000. The loam, 16,000 to 20,000 yards of loam. The problem has to be dealt with to get rid of the gas. It was suggested that the whole area be covered with sand and then a thick sheet of polyethylene. This is not necessary. What I do recommend is to get an auger and drill a 20 -inch hole every two hundred feet square and fill with crushed rock. This would let the gas escape as it forms. I would make the following recommendations: 1. We consider Lincoln Street our major project and do it on a three-year basis. 2. We find some money to do a -master plan. We requested the School Department to make avail- able $1,000,00 but they declined. 3• A committee be formed consisting of representa- tives from the following - Selectmen, Planning Board, School Committee, Public Works Department, Town Engineer and Mr. Gray. 4. This committee and a Consulting Engineer design a master plan of the area. 5. Estimates of cost be forwarded to Selectmen for appropriations. 6. The Town should definitely do a strip along Lincoln Street next spring to relieve the problems of dust and dirt for the abutting owners. Mr. Kenney said if the area is really developed, there would have to be a bridge across Worthen Road. Mr. Cataldo said this is a separate issue. When it is developed, the Town should consider it then. 2 52 Mrs. Riffin said they were setting up a recreation planning committee consisting of Mr. Bertini, Mr. Zaleski and Mr. Mazerall, who would be consulted for any design, actual development in the school areas. Mr. Cataldo said the problem is money. Basically to lay out and design of the areas, and said ha felt there should be a consulting engineer, but not Whitman & Howard. Mrs. Riffin said they were interestea in the timing and the long range plan. Mra.Riffin said they were interested in what the Board's reaction was to the Cortell report, Marrett Reservoir for swimming. The Chairman asked where is the money for it. Mr. Cataldo stated that he had read the report, and he feels the figure is low, not beginning to scratch the surface for what it is going to cost the Town and Hanscom asked where the money was to be spent - fixing Lincoln Field Street, Reservoir, Harrington Playground - spend that much on Lincoln Street and get it done, at least get one thing done. The Chairman said there was only one copy of the report and asked Mr. Gray to have some reproduced. The Chairman spoke of the meeting scheduled for Mr. Mooney, Port Authority, and said the Board had been trying to reschedule one but Mr. Mooney had been in Washington, that he was very tied up, and he felt it would be in the best interest of all concerned to wait until he could come. He said he would keep in touch with him and have him out, but as far as he knew, there are no plans to use Hanscoa Field as a commercial air- port. Mrs. Riffin said if the Board met with Mr. Mooney the planning Board would like to attend. Reference was made to the three year plan to be worked out, and asked what the plan would be and if the Board was in favor of the arrangement for develop- ment of playground and recreation. Mr. Cataldo replied to let Town Meeting decide what they want to buy. Upon motion duly made and seconded, it was voted Executive to go into Executive Session for the purpose of dis- Session cussing, deliberating or voting on matters which, if made public, might adversely affect the public secur- ity, the financial interest of the Town or the reputa- tion of any person. Following discussion relative to land acquisition, it was voted to resume the open meeting. The Chairman read a letters frc Mrs. Ethel- lii Rihti Collector of Taxes, stating that she would not run for re-election in March, 1968. The Chairman said a letter would be written thank- ing her for her services. Upon motion duly made and seconded, it to sign copies of Motel Innholder's License Realty and Development Corp., d.b.a. Battle for the year 1968. Upon motion duly made and seconded, it sign "Package Goods Store" Licenses for the all having been duly advertised: 253 Election was voted JAI) Innholder Green Inn, License was voted to following, Bermae's Market, 55 Massachusetts Avenue (renewal) Joseph Trani, Inc., 1775 Massachusetts Avenue Vinebrook Corporation, 1700 Massachusetts Avenue " Letter was received from George B. H. Macomber Company requesting a meeting with the Board to discuss the possibilities of rezoning 44 acres of land situated southeast of the intersections of the Concord Turnpike and Spring Street to Zone C3. The Clerk was requested to make an appointment for next Monday night. Mr. Cataldo said this was on the Five Fields's side of Spring Street. The Chairman said they would meet with the Planning Board first, and then with the Selectmen. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign I.D. Cards for the follow- ing individuals, satisfactory certification of their age having been established: Barbara Ann Dolan 3L.6 Woburn Street Peggy G. Feistel 29 Burroughs Road Upon motion duly made and seconded, it was voted to grant a Common Victualler License to Pine Meadows Golf Club, satisfactory report having been received from hhe Board of Health. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on November 20, 1967. Mr. Cataldo suggested that the house on Clarke Street be rented to Mr. Wenham, Assistant Superin- tendent of Public Works, for fifty (50) dollars a month, and Mr. Wenham is to supply all the utilities, heat, light, and water, etc. Mr. Wenham said he would like to move as soon as possible, probably by December 15. Upon motion duly made and seconded, it was voted to rent the Newell property on Clarke Street to Mr. Licenses Package Goods Store Appoint- ment I.D. Cards Common Victualler Newell property 254 Wenham on a temporary basis, at the price of $50.00 a month, Mr. Wenham to supply all the utilities, i.e., heat, light, water, etc. Mr. Gray stated the next items concern the Salary Schedule. He referred to the new Town Treasurer and he needs a new clerk so they are taking from the Assessors' Office, Mrs. Sullivan. Mrs. Gauthier is going to take Mrs. Sulli- Salaries van's place, and Mrs. Ryder, from the Building Department, is taking Mrs. Gauthier's place, and he questioned how these people would be paid. He said two clerks from Miss McDonough's office are going upstairs in Mr. Perry's office. Upon motion duly madeand seconded, it was voted Assistant that Mrs. Eleanor Sullivan be appointed Assistant Town Town Treasurer, effective November 27, 1967, at an annual Treasurer salary of $5365, S-9 category. Mrs. Gauthier is to be S-9. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- Executive cussing, deliberating or voting on matters which, if Session made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion relative to land acquisition it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to appoint Mrs. Eleanor M. McCurdy, Executive Clerk to Appointment the Board of Selectmen at an annual salary of $6593.00, effective December 1, 1967, S-15 Category. Upon motion duly made and seconded, it was voted to adjourn at 11:25 P.M. A true record, Attest: ,e),raieg4 ecutive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen's Room, Town Office Building, on Monday evening, December L., 1967, at 7:30 P.M. re) 1 SELECTMEN'S MEETING December 4, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 4, 1967, at 7:30 P.M. Chairman Cole, Messrs, Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mt. Gray, Executive Assistant and Acting Superintendent of Public Works, Mrs. McCurdy, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Company for perxtission to locate conduit on Wood Street. Notices of the hearing were mailed to property owners as listed on the petitioner's plan and also filed with the Acting Superintendent of Public Works. Mr. Pratt, representing the Boston Edison Company explained this petition is to locate underground conduit for a distance of about 45 feet in a new development of thirteen homes. No one wishing to speak in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for following conduit location: Wood Street, at Canastoga Road, a distance of about 45 feet - conduit. At the request of the Town Clerk, four jurors were drawn. Those drawn for jury duty were: Donald H. Bates Donald H. Houghton Richard R. John, Jr. Robert L. Cady 12 Haywood Avenue 50 Coolidge. Avenue 19. Saddle Club Road 9 Marlboro Road Mr. Legro read a letter relative to the sewage disposal line on Bedford Street to Ledgelawn Avenue. The Town of Bedford is anxious to have legislation presented to the legislature. In Mr. Legro's opinion, Bedford and Lexington should get together and file one piece. The Chairman asked if Mr. Legro would like him to check with the House Counsel and Mr. Legro agreed. Mr. Legro said that special legislation should be prepared and filed which gives Legislative authority for special local legislation to act in municipalities. 255 Conduit location Bedford - Lexington Sewage 256 Mr. Legro read a letter, dated December 4, 1967, written by him to the Board of Selectmen, in reference Great to the information meeting held on November 7, 1967 Meadows concerning the Arlington Great Meadows. The letter states factually the reasons why Mr. Legro did not attend the meeting. The Chairman accepted the letter and declared that the Board will not take issue on facts. Mr. Gray said, in November Mr. Belcastro, Veteran's Agent, wrote to Mr. George P. Morey to request transfer Transfer of $7,486.00 from the Bridge Charitable Fund to be used for veterans in need of aid. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to make the funds available. Insurance Mr. Gray referred to the insurance commissions Commissions and was advised by the Chairman to delay a week on determining the list on insurance commissions. Mr. Gray recommended that the work week for the Town employees be changed from Thursday to Thursday to Monday through Friday. Town Upon motion duly made and seconded, it was voted Employees to change the work week to Monday through Friday, as of January 1, 1968. Mr. Gray quoted the following figures received on bids for 3900 feet of cast iron, 1211 pipe: Bid 55.22 per foot Shamoon Company 55.28 per foot - R. D. Wood Division co w. 1 Upon motion duly made and seconded, it was voted to award the bid to Shamoon Company for $5.22 per foot. The subject of Mosquito Control Agent was discussed and, upon motion duly made and seconded, it was voted Appointment to appoint Mr. Albert Gray, Jr. as Mosquito Control Agent for the Town. Mr. Gray said that Mr. Legro had prepared the con - Buckman tracts for Buckman Tavern and requested the Board to Tavern sign them. Upon Motion duly made and seconded, it was Contracts voted to sign contracts for Buckman Tavern. Upon motion duly made and seconded, it was voted Common to approve the following Common Victualler licenses, Victualler all having been approved by the Board of Health: Wardrobe's Pharmacy 807 Mass. Avenue Brewster, Inc. 913 Waltham Street The Regent Delicatessen Powder Horn Golf Club Francis Napoli David Buttrick Company 1729 Mass. Avenue 40 Walnut Street 6 No. Hancock Street 34 Bedford Street Upon motion duly made and seconded, it was voted to approve the following liquor liceses: Lexington Liquor Mart, Inc., 1819 Mass. Ave. - Package Goods The Dunfey Corporation, Sheraton Lexington Motor Inn - 727 Marrett Road - Innholder Liquor Licenses Upon motion duly made and seconded, it was voted Auctioneer to approve an Auctioneerls license for William A. Sennott, 229 East Street. Mr. William Whalon met with the Board to discuss refuse disposal. He requested a letter from the Board on refuse disposal activities. He said the Town Meeting had voted to appoint a committee of three; this committee met in May with Refuse Committees of Weston, Waltham, Lincoln, Concord and Bedford. A regional Planning Board was formed which meets Refuse monthly. They have a Finance Committee and an Engineering disposal Committee to explore various methods of disposal of waste, to check which areas along Route 128 would be appropriate to determine the needs of the study. Engineering Committee submits reports on their studies; have considered compost land fill. Have received suggestions and New York Central Railroad has proposed a plan, Japanese process, a method of compaction of waste, bales and then bind and Railroad will haul away. At tts meeting in July, it was brought to the attention of the Board there was a possibility of receiving Federal assistance. The application for such assistance had to be in by August lst. The Board delegated this to the Finance Committee and with a very limited amount of time put in the application for Federal Grant of $36,000. to supplement $18,000 ($3,000 each of 6 Towns). This application was rejected by the Department of Health, Education, and Welfare on November 9, because of lack of ample evidence of support of the purpose of study itself, by the communities involved. The Department did indicate they would welcome any future application. Mr. Whalon said he was asked by his Board to get some sort of mutual understanding. The Chairman said in view of Town Meeting action, we are not planning on wasting $3,000. It would be the proper function of the Board to understand the purpose of the study. Mr. Whalon requested a letter written to the Chairman of his Board, as there should be an additional application filed, and letter would be attached to petition. 258 Upon motion -duly made and seconded the Board voted to endorse the application and the function of the Committee but will not guarantee the implementation of the results of the study. Letter from Commonwealth regarding petition of Certification to represent Highway Department employees was given to Mr. Legro for study of facts. Highway Department Upon motion duly made and seconded, it was voted Employees to go into Executive Session for the purpose of discuss- ing, deliberating or voting on matters which, if made public might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion involving legislation with Mr. Legro, it was voted to resume the open meeting. Mr. Roger Nordblom, Mr. George Macomber and Mr. Coles met with the Board to discuss re -zoning land at Spring Street and Route 2. Mr. Roger Nordblom was the spokesman for the group and gave a brief background: George B.H.Macomber Company and Nordblom Company, co-owners and developers of Northwest Park, Burlington, Cambrige Parkway Development, Hobbs Brook Park in Waltham, etc., has $15,000,000 in property, optioned Mr. Coles' land (Baldwin and Coles), about 45 acres, potential for development, very accessible to Route 128. Lexington would be a good office development area, would like to develop the property if it is the Town's best interest, feels they are qualified to develop it for commercial office building use. They have met with the Planning Board. Mr. Mabee asked what kind of buildings they had planned. Mr. Nordblom replied they were thinking of an executive office park - C-3. Mr. Coles said the residents would be most re- ceptive to the proposal, if it is good for the Town. He would like it as he thinks the plan is concrete. Mr. Mabee asked if this would meet the new Spring Street access, and the reply was in the affirmative. Mr. Cataldo asked if they had any prospective tenants to go into this area; if it is similar to Northwest Park. Mr. Nordblom replied in the negative and said he was thinking of high-rise, Hobbs Brook, IBM, etc. Mr. Cataldo asked if, basically, he was talking bigger than Northwest. Mr. Nordblom said he was thinking in terms of building 50,000 to 100,000 feet on 5 -acre parcel. Mr. Cataldo asked if they were planning on putting up a building on 5 -acre site. Re -zoning Spring St. Route 2 1 1 Mr. Nordblom said it could be a building if we found someone; we would probably erect a building even without tenants. Maybe we could find tenants to take 20 per cent. They think in terms of nationally known companies. Mr. Kenney asked what height they planned and Mr. Nordblom said three stories, would be attractive to com- puters, scientists, etc. We have not done engineering, felt it would be premature, wanted to get reaction from the Town. Mr. Richard Cone asked to be recognized and said he lived in the neighborhood. He and his neighbors hope they will be made aware of any further zoning. If the Town wants it this way, they are opposed, but will go along; would like to live there and not move; they hold no animosity toward anyone, nevertheless they do have residence there. Mr. Mabee said the proper Board is the Planning Board, as far as Mr. Nordblom presented it to the Selectmen, it was interesting. The Chairman thanked them for the information and suggested it be explored with the Planning Board. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on November 27,1967, as amended. 259 Select- men's Meeting Upon motion duly. made and seconded, it was voted to Appoint - reappoint Mr. Willard P. Grush as a member of the Board ment of Assessors for a three year term expiring January 1, 1971. Upon motion duly made and seconded, it was voted to appoint Mr. William T. Welsh a member of the Salary Study Appoint - Committee. went Upon motion duly made and seconded, it was voted to appoint Mr. Richard M. Perry, Mr. John R. Bevan, and Appoint - Mr. Jack L. Mitchell members of the Data Processing went Committee. Mr. Gray presented a letter from the Capital Expenditures Committee regarding $250,000 appropria- tion. He was requested by the Chairman to have copies made for each member of the Board. Mr. Cataldo referred to the Lincoln Street area. He said we should decide whether we are going ahead on three-year basis or postpone the project. If we are going to go ahead, I would recommend that we ask the Appropriations Committee to draw a master plan of the area. This will enable us to go to Town Meet- ing, present a plan and they will know exactly what they are voting for. Mr. Mabee said there should be no delay. Cap. Ex- penditure Appro- priation Develop- ment of recreation area 260 Cummings Property Mr. Cataldo said it is not that it is an emergency, it is an unforeseen expenditure. Mr. Mabee said why not go before Town Meeting and ask for a master plan, did not think the Board could make request to the Appropriations Committee. Mr. Cataldo said a construction year could be saved; expenditure of $1,000. The Chairman said he thought the Board should de- cide on priority of things, would be in the best interest of the Town. He said he suspected the Board would have to limit its activities. Mr. Cataldo said he didn't think the Board should ask for a $50,000 blank check appropriation. Mr. Mabee asked if it could be done for $1,000; should agree on composite plan. Mr. Cataldo said peopleinvolved would have to come up with some of the uses; we can use Engineering De- partment surveys, preliminary drawings. The Chairman suggested delay, but felt it should be discussed. Mr. Mabee said on matters of interest this problem always comes up. He assumed school uses will involve use of land, and asked if football field is part of school. Mr. Cataldo replied that playgrounds are under the jurisdiction of the Board. Mr. Kenney asked if it were possible to receive State aid. Mr. Mabee was in favor of the suggestion»: The Chairman asked what the proposal would be. Mr. Burnell said the Board had no objection, it should make exploratory tacks. Upon motion duly made and seconded, it was voted to give extension to January 2, 1968 on Cummings property. A true record, Attest:- xecutive Clerk, Selectmen The next regular meeting of the Board will be held in the Selectmen's Room, Town Office Building, on Monday evening, December 11, 1967. c 1 1 261 SELECTMEN'S MEETING December 11, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, December 11, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Kenney were present. Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk were also present. At the request of the Town Clerk, one juror was Juror drawn, Mr. Lawrence B. Hunt, 8 Hancock Avenue. Mrs. Mott -Smith met with the Board to discuss possible intersection at Worthen Road and Route 2. She said the public hearing was held on November 1, 1967, and it is now December 11; would like the Board to come to a decision. The Chairman said, all you,are asking the Board is to come to a decision as soon as possible. Mrs. Mott -Smith replied within a week. The Chairman said it was up to the pleasure of the Board, he didn't know whether anyone had any plans of extension. He didn't think the public meeting was greatly enlightening. Worthen Mrs. Mott -Smith said it covered the issues from the Road State's point of view - States, resident's, Planning Board - was a rather thorough consideration of the problem. We have collectively arrived at the point that there should be a decision from the Board and she really thought she should get it The Chairman replied it is the pleasure of the Board that the history of Worthen Road was whether the Board of Selectmen and the Planning Board act together; thought they should meet with them and consider their wishes. Mr. Cataldo said, on the hearing itself, looking back, we had the hearing, we went in there to listen, then come back and evaluate. We did not go in with our minds closed. We would present the facts and then come back and make a decision - going in with an open mind. He wanted it to be built. We had to consider what the alternative will be, how much it will cost, whom it will affect; nobody really had the answers. The State did not come up with costs, came up with traffic projections. His personal feeling is to ask for some money to make an intelligent compakison of alternatives. Mr. Mabee said the point we must all understand is, no matter what the Board votes to do this year, could be overturned by a future board. Mr. Kenney suggested a vote in principle only at this time. 262 Mrs. Mott -Smith felt a decision of any kind at this time would help the people involved to formulate their own plans. The Chairman stated he did not want a long debate, would suggest to the Board a meeting with the Planning Board and discuss the problem. Planning Board could request the Board to put in an Article. Mrs. Mott -Smith questioned that Mr. Cataldo had said that, only for himself, would like research made, and asked what he meant. The Chairman said Mr. Cataldo means that traffic would have to go somewhere, roads would have to be widened. Mr. Cataldo said if we don't build Worthen Road, if we are going to make a comparison judgment... Mrs. Mott -Smith said to consider first if the Board wants to commit itself to plan of study. Mr. Kenney asked if it would be reasonable to aay we would meet with Planning Board prior to closing of warrant. The Chairman stated the Board would meet with the Planning Board for discussion. Out of courtesy, the Board of Selectmen should not make unilateral decision. It was agreed to meet with the Planning Board and discuss the issue before the warrant is closed. Upon motion duly made and seconded, it was voted to approve bond No. 93-51-95, in the amount of $92,100.00 Bond on behalf of Mr. Paul G. Yewell, Town Treasurer, and bond No. 93-51-96, in the amount of $23,000,00 on behalf of Mrs. Eleanor Sullivan, Assistant Town Treasurer. Upon motion duly made and seconded, it was voted Common to approbe the following Common Victualler licenses, Victualler having been approved by the Board of Health: Danny's Canteen Service - Hayden Recreation Center Village Variety - 93 Massachusetts Avenue Upon motion duly made and seconded, it was voted Liquor to approve a liquor license for Busa Brothers, Liquors, license 131 Massachusetts Avenue. The Chairman read a notice from the ABC relative ABC to the provisions as they relate to the sale and delivery Liquor saleon Christmas Day and New Year's Day. 1 2.63 Upon motion duly made and seconded, it was voted to conform to the provisions as outlined by the ABC. Upon motion duly made and seconded, it was voted to approve the engineering contract for the Town Swimming Town pool to Camp, Dresser and McKee. Swimming pool Upon motion duly made and seconded it was voted to sign Certificate of Incorporation on behalf of the following, satisfactory character references having been received from the Chief of Police: Norman Cazden 27 Peacock Farm Road Alfred L. Viano 6 Audubon Road Certificate of Inc. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on Minutes December 4, as amended. Mr. York presented a bill for $1,000.00 for display case for Diorama unit installed at the Visitor's Center which upon motion dulymade and seconded, it was voted to charge the sum of 132.11 from Public Works' budget #6200. Upon motion duly made and seconded, it was voted to charge $867.89 to Article 72 of the 1965 Annual Town Meeting. Mr. Wenham referred to a space situation in the Town Engineer's office. The matter was referred to Mr. Cataldo, a member of the Space Committee. Mr. Kenney discussed the subject of the burning of Christmas trees; whether permission should be given to the Junior Chamber of Commerce for the use of the Town dump. Mr. Cataldo suggested the trees could be run through the chopper as the chips could be used in the spring. He was opposed to burning them in the dump because of the fire problem. Mr. Kenney agreed with him. Upon motion duly made and seconded, it was voted to make suggestion to the Jaycees that the trees be collected and taken to the Barn facilities to be run through the chopper. Mrs. Frick, a member of the League of Women Voters, asked if it would be possible to have just one tree Christmas burned, a symbolic tree burning. trees Town Office Building 264 Mr. Kenney said he would convey the suggestion to the Jaycees. Upon motion duly made and seconded, it was voted to go into executive session for the purpose of Executive discussing, deliberating or voting on matters which, Session if made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following distorsion 'on finances of the Town and land acquisition, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to appoint Mrs. Winifred Hubbard as Senior Clerk in the Appointment Selectmen's Office at an annual salary of $4,961.00, effective January 2, 1968. Upon motion duly made and seconded, it was voted to adjourn at 8:50 P.M. A true record, Attest: xecutive Clerk, Sel ctmen The next regular meeting of the Board will be held in the Selectmen's Room, Town Office Building, on Monday evening, December 18, 1967, at 7:30 P.M. 1 26 SELECTMEN'S MEETING December 18, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 18, 1967, at 7:30 P.M. Chairman Cole, Messrs, Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant and Acting Superintendent of Public Works. Mr.•Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for relocation of three poles on Lincoln Street. Notices of the hearing were mailed to the peti- tioners, owners of property as listed on the peti- tioners' plans and also filed with the Superintendent of Public Works. Mr. Pratt, representing the Boston Edison Company, Pole and Mr. McCart, representing the New England Telephone location and Telegraph Company, were the only persons present at the hearing. They stated the petition was to move the poles across the street from present location. No one wishing to speak in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the following JO pole locations: Lincoln Street, northwesterly side, approximately 40 feet northeast of Pheasant Lane, -- One (1) Pole (One (1) existing JO Pole to be removed.) Lincoln Street, southeasterly side, approximately 43 feet northeast of Pheasant Lane, -- One (1) Pole. Lincoln Street, southeasterly side, opposite Birch Hill Lane One (1) Pole (One (1) existing JO Pole to be removed.) Mr. Gray requested the transfer of $1250.00 to effect the changes in the Town Treasurer's and Town Clerk's office and to buy the necessary office equipment. Mr. Gray also requested the transfer of $400.00 from the Reserve Transfer 266 i urfd to the ; Pe tce ,Department Expense -Account todo• the'.tiooessary Transfer repaixs _'on damaged police cruiser. Mr. Gray said he had received a letter from the Lexington Golf Glub teguestiggta meeting with the -Board of Selectmen regarding the possible purchase of property Lexington known as the Old Poor Farm. Golf Club The Chairman asked that an appointment with members of the Lexington Golf Club be made for December 26, 1967, to meet with the Board of Selectmen for discussion. Mr. Gray stated that Mie. Zehner was unable to meet with the Board and asked that he present the recommendation from the Town Report Committee for $6,000.00 budget for Town Report. Upon motion duly made and seconded, it was voted Town $6,000.00 to be recommended for Town Report. Report The Chairman approved that sketches be used for the report. Upon motion duly made and seconded, it was voted to certify the characters of Peter G. Farfaras, 14 Leonard Road, and Ellen and John Sharkey,, 13.Hazel Cert. of Road, satisfactory character references having been Inc. received from the Chief of Police. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign I.D. cards for Lee A. Perkins, 56 Grapevine Avenue and David Dodge, I.D. 23 Wyman Road, satisfactory evidence of their age card having been received. Upon motion duly made and seconded, it was voted to approve the following Common Victualler licenses, Common all having been approved by the Board Of Health. Victualler Sidewalk Orders Bamboo Hut 177 Mass. Ave. Brigham's Inc. 1777 Mass. Ave. Upon motion duly made and seconded, it was voted to sign Sidewalk Orders for the following streets: Blossomcrest Road Kendall Road Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on December 11, 1967, as amended. CO 1 267• Mr. Cataldo stated that the School Committee had made money available for master plan for Lincoln Street. As time is getting short, he recommended that a committee Develop - be appointed as in the past; a member of the Board of ment of Selectmen, Planning Board, School Committee, Recreation Reerea- Committee, Executive Assistant and Acting Superintendent of tion Public Works, and Town Engineer added. The Chairman suggested specific names are to be mentioned for this committee, and guggested Mr. Cataldo that School Committee member should be Chairman, or his designee, before anything is contracted. This committee will come back and report to the Board. Mr. Cataldo said he would not go along with a Consulting Engineer without first discussing it with the board. Upon motion duly made and seconded, it was voted to refer Engineering Study to Advisory Committee previously appointed, with Town Engineer being added to committee. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if Executive made public, might adversely affect the public security, Session the financial interest of the Town or the reputation of any person. Following discussion with the Salary Study Committee, it was voted to resume the open meeting. Mr. Jules Sussman and Mr. Leslie York, members of the Conservation Commission met with the Board to appoint a new member to the Conservation Commission to fill the vacancy caused by the resignation of Mr. Alford S. Peck- ham. Mr. Stanley A. Brown was nominated by Mr. Sussman. Upon motion duly made and seconded, it was voted unanimously by the joint boards to appoint Mr. Stanley A. Brown a member of the Conservation Commission. area The Chairman said a letter had been received from Mr. James E. Storer, presenting a petition signed by more than ten voters for an Article to be insdrted in the 1968 Town Meting Warrant involving the purchase of land behind Wilson's Farm. Mr. Adams asked for what purpose. The Chairman replied for recreation and street purposes; I suppose if the Town wanted to extend Massachusetts Avenue, this land would be available. Mr. Legro said that the Planning Board had talked about this land, pedestrian's easement, conservation easement. Warrant Article 268 The Chairman said the signatures will be checked. It was agreed to have Mr. Storer meet with the Board next week to explain the Article. Mr. Anthony Mancini, President of the Lexington Chamber of Commerce, met with the Board to ask permission again this year to burn Christmas trees at the Town dump. He said they have sufficient trucks to collect`. the; trees, at an appointed hour an auxiliary fire department piece of apparatus would be there. The Chairman said the Board does commend the Jaycees for providing a public service; he asked why they did not want the trees run through the chopper. Mr. Mancini said the Jaycees wanted a fire. Mr. Kenney said that piling the trees behind the Town Barn could be a fire hazard. Mr. Cataldo said if you don't want to chop them, the Board has no objection to burning at Hartwell Avenue Xmas where the trees were burned last year; possibility you Tree might not be able to get in, might have to hand carry Burning the trees. Mr. Mancini said the Jaycees have discussed this and would hand carry them. The Chairman asked if the trees would be picked up on the Sunday after New Year's and Mr. Mancini agreed. Mr. Mabee asked how much money would be saved by chipping and Mr. Cataldo replied $300 to $Loo. Mr. Mancini asked about a specific location and Mr. Gray said we would designate location and the Jaycees were to clean up after burning. Upon motion duly made and seconded, permission was granted the Junior Chamber of Commerce to burn at the Sanitary Land Fill at a spot to be designated by the Acting Superintendent of Public Works, providing the Jaycees agreed to leave the area clean. Mr. Gray stated that it had been the policy in pre - Xmas vious years to close the Town Office Building at noon on Closing Friday before Christmas. Upon motion duly made and seconded, it was voted to continue the policy, and the Town Office Building would be closed at noon on Friday, December 22, 1967. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if Executive made public, might adversely affect the public security, Session the financial interest of the Town or the reputation of any person. Following discussion regarding finances and the reputation of persons, it was voted to resume the open meeting. fZL G1 1 269 The Chairman referred to the date of the Warrant closing, and it was voted to close the Warrant on January 5, 1968. Warrant Mr. Gray was instructed to advise all Board and Closing Commissiorn to this effect. Upon motion duly made and seconded, it was voted to adjourn at 11:00 P.M. A true record, Attest: Executive Clerk, Selec men The next regular meeting of the Board will be held in the Selectments Room, Town Office Building, on Tuesday evening, December 26, 1967, at 7:30 P.M. 270 SET,E CTMEN' S MEETING December 26, 1967 A regular r-eeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday, December 26, 1967, at 7:30 P.M. Chairman Cole, Messrs, Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant and Acting Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present.. Hearing was declared open upon the application of the Boston Edison Company for permission to locate conduit and poles. Notices of the hearing were mailed to the peti- tioner's, owners of the property as listed on the petitioner's plans and also filed with the Superin- tendent of Public Works. Mr. Pratt, representing the Boston Edison Company, Conduit- was the only person present at the hearing. No one pole appeared in favor or in opposition and the hearing location was declared closed. Upon motion duly made and seconded, it was voted to grant the petitions and sign the orders for the following locations: Jurors Lincoln Street, at Pheasant Lane, a distance of about 20 feet - conduit. Lincoln Street, at Birch Hill Lane, a distance of about L..5 feet - conduit. Hartwell Avenue, northwesterly side,.. northeasterly from a point approximately 165 feet northeast of Wood Street -- Seven (7) Poles, guy wire and anchor on 7th pole. Wood Street, northerly side, in island at Hartwell Avenue, -- one (1) pole, guy wire and anchor. At the request of the Town Clerk, the following jurors were drawn; Frank L. Jones, 11 Red Coat Lane Edward T. Swasey, 7 Jackson Court Peter L. Richman, 22 Barberry Road Edwin R. Johnson, L. Watson Road CJ 2e LI ,. 1 271:. Upon motion duly made and seconded, it was voted to approve the following Common Victualler licenses, Common having been approved by the Board of Health: Victualler Countryside Delicatessen - 321 Woburn St. Howard D. Johnson - Route #128 Notice of a public hearing by the Alcoholic Beverages Control Commission was read by the Chairman with regard to repealing one of its Regulations, No. 15B, which reads: Hotels and Restaurants shall not on Sundays illuminate any exterior sign or part of a sign to advertise alcoholic beverages. The illumination on. Sundays of that part of any exterior. ABC sign upon which appear words ordinarily used to hearing designate establishments wherein alcoholic beverages are sold, is also prohibited. Mr. Legro informed the Board that Town Sign By -Laws set the control of illuminated signs. It was agreed that Mr. Gray would attend the hear- ing, and if he was unable to be there, the Chairman would represent the Town. Upon motion duly made and seconded, it was agreed to approve the minutes of the Selectmen's Meeting held on December 18, 1967. Minutes Mr. Legro read a letter written by him to the Comptroller regarding Special Counsel fees. It was Special agreed that the request should be made by the Board Counsel of Selectmen!- Fees Upon motion duly made and seconded, it was voted that the request of Mr. Legro is further requested by the Board of Selectmen on the matter of carrying over Special Counsel Fees Account #1850. Mr. Legro read a letter written by him to the Board of Selectmen enclosing an Article, prepared at the request of the Planning Board, for the purpose of obtaining a Town Meeting vote to ratify the acceptance of a deed from Mr. Ernest E. Outhet, conveying a parcel of land of Warrant - approximately seven acres. Woodside Upon motion duly made and seconded, it was voted Acres to accept the deed from Mr. Outhet. Upon motion duly made and seconded, it was voted to insert the Article in the Town Warrant. The Chairman read a letter of resignation from Mr. Legro, Town Counsel. The Chairman said that the Board of Selectmen well knew how diligently Mr. Legro had applied himself, how reluctant they are to see him leave, and were most appreciative of all of his efforts. Resignation 272. Warrant Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Donald E. Legro, Town Counsel. Mr. Gray informed the Board that Mr. Storer was unable to meet with them to discuss petition to be inserted in the Warrant involved the acquisition of land behind Wilson's Farm. Mr. Gray read a letter from Chief Corr, recommend- ing Mrs. Margaret McCarthy be promoted to the position Appointment of Principal Clerk on Step S9 -E at an annual salary of $5633.00. Upon motion duly made and seconded, it was voted to promote Mrs. Margaret McCarthy to the position of Principal Clerk of the Police Department. He showed a plan and explained that with a partition, and rearrangement of furniture, it could be done. Town Upon motion duly made acid seconded, it was voted Engineer that Mr. McSweeney have an office in the Engineering Department. Mr. Gray presented an estimate of cost of trunk sewer off Bedford Street; $89,000 of $250,000 appro- Bedford priation. A Road report was checked out; (1) to go by Street gravity, (2) use pumping station. Would like the Engineering Department to proceed with design work. Mr. Cataldo asked if it went from Bedford Street to Revere Street, along Revere Street to subdivision, and where it would be pieked up; if doing it this way Liberty Mutual would be picked up. Mr. Gray replied it would be back of Town property. Mr. Burnell said this picks up Moore's new sub- division and Maneyts. Mr. Gray said to do it this way, rather than build any more pumping stations. The Chairman asked if it would run along Bedford Street and Mr. Gray answered it would stop above.Maney's. Mr. Gray said he would present the entire report next week. Mr. Gray told the Board he had figures on the fringe benefit problem. There are 216 employees, Fringe those with over ten years' service are not getting Benefits three weeks' vacation. The Chairman said that 66 employees would qualify for four weeks' vacation next year. It was agreed to put aside for discussion later. 273 Mr. Warren W. Fox and Mr. Milton F. Hodgdon met with the Board to discuss the possibility of the purchase of the land known as the Poor Farm by the Lexington Golf Club. Mr. Hodgdon said he felt that the Town would not want the land developed for housing and the Club would like to expand the Course; would like to have eighteen holes; the club is financially strong and could improve it by adding to holes; need a few changes - a practice area. The Club is willing to pay a fair price for the land. The Chairman asked if it abuts Pine Meadows and Mr. Hodgdon replied in the negative but at one time tried to conceive combining the two courses. The Chairman asked if some of the land includes the old Veterans' lots. Mr. Hodgdon showed map of the land and pointed out Lexington L0' entrance. He said the Club had purchased the 9th Golf Club hole from the Town, then 100' strip. They are not in- terested in access or egress. Abuttors on Hill Street have 1000' lots. The Chairman said that at the present time Golf Clubs are R-1. If Club acquired this and at some later date desired to give up the Club, the land could be sold. Mr. Cataldo said the land should revert back to the Town. Mr. Hodgdon said it would be to their advantage to buy without strings; feels they are strong enough to continue for many years. The Chairman asked Mr. Adams about the history of this land and Mr. Adams said that the actual set-up was to sell to veterans at normal fee, to register lots when sold; understanding was that the Town would put in roads. The Town looked into severing these lots. Since that time, little or no interest. The Chairman asked if this was voted by Town Meeting specifically for that purpose. Mr. Adams replied that it was not known what the vote was. The Chairman said it would require Town Meeting action, and asked if the Club would want it done within a year. Mr. Hodgdon said they would like to put it on Town Warrant, if the Town is interested. The Chairman asked how many veterans might be in- terested in exploring this. Mr. Hodgdon o.id they hadn't considered the possibility of developing it for veterans. The Chairman asked if the wording was for veterans or World War II veterans. 27+ Mr. Legro said he would look at the various statutes. He felt it would be well to look at Town Meeting vote before anything is done. He asked if this is the land that was discussed back in 1956, 1957 or 1958. Mr. Hodgdon replied it was the same lead. Mr. Legro asked if the Town Meeting voted on an article at that time. Mr. Hodgdon said that it was not on the Warrant and he never knew what happened. Mr. Fox said he goes back six years and, at that time, there was no decision from the Board. Mr. Hodgdon said that they are improving the Club, is it to their benefit? They would agree to stipulations restricting, if there is a definite use for it. Mr. Cataldo asked if they had a concrete proposal to make to the Board. Mr. Hodgdon replied in the negative, should be an agreed negotiated price. The Chairman said that in order to sell to the Club, the Board would have to state that the purpose for which the land was acquired no longer exists. This Board suggests it be taken under advisement. Mr. Hodgdon said the Club wanted to know if there was a possibility of acquiring the land and asked if the Board would like a definite proposition. The Chairman replied in the affirmative regarding the definite proposition. Mr. Fox asked if the Board would be voting on a specific proposition. The Chairman replied that normally the Board recommends a price, preferably it should be in the amount agreed upon. Mr. Fox asked before it goes on the floor. Mr. Kenney said it should be referred to other Boards. The Chairman said it should go to the Planning Board and perhaps the Board of Appeals. Mr. Mabee said it should go to the Board of Appeals as Golf Course is R-1, would have bo be voted because of new zoning. The Chairman said to make an offer subject to restrictions. Mr. Hodgdon asked what the restrictions would be. The Chairman said the Town was interested in the* Club relinquish the property for any reason. Mr. Mabee said to check the vote of particular Town Meeting. * right to regain the property should the Lexington Golf 275 Mr. Fox and Mr. Hodgdon thanked the Board and retired. Mr. Mabee referred to Oakmont Circle and said that the Board had talked about the water problem there. Mr. Burnell asked how the Board stood on this. Mr. Mabee said that pressure readings have been taken and there should be a loop at a place other than Meriam Street. He suggested putting an amount of money necessary to take care of the problem in the budget to inform the people involved that this will be done. The Chairman said he was in favor of solving the problem. Mr. Burnell said it was the only spot in the Town with this situation. Mr. Gray said that it was getting worse. Oakmont Mr. Burnell said that the Town had hired Circle consultants. Mr. Kenney asked how much money was involved. Mr. Gray replied $5,000.00 to $8,000.00. The Chairman said that the figures should go into the budget. Mr. Gray said that he would ask Mr. McSweeney to check Whitman and Howard figures. Mr. Gray said that he would call Mr. Fox and inform him of the Board's decision to take care of the water problem at Oakmont Circle. 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, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion concerning personel,it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to hold the next meeting of the Board of Selectmen on Selectmen's Wednesday, January 3, 1968, at 7:30 F.M., instead of Meeting January 2, 1968. Mr. Gray requested a transfer of $1500.00 to Police and Fire Medical Account to take care of bills of over $1100.00 incurred by a Firemen who had an operation. The Chairman said that the Appropriations Committee would have to admit unforeseen circumstances, and asked Mr. Gray to inform the Appropriations Committee. Upon motion duly made and seconded, it was voted to request the Appropriations Committee to transfer the amount of $1500.00 to the Police and Fire Medical Account. 276 Snow Upon motion duly made and seconded, it was voted to Emergency declare a snow emergency as of December 26, 1967. Mr. Cataldo said that he would like to withdraw the request to fill in the North Street pit. Mr. Burnell said that it was too late. North Mr. Cataldo said that DeMatteo Company could not Street guarantee enough material to fill the pit. The Pit Planning Board was in favor of filling it, but not with this material. Upon motion duly made and seconded, it was voted to withdraw the request to fill in the North Street pit. Mr. Cataldo said that the Planning Board should be so informed. The Board of Selectmen voluntarily accepted $40.00 Selectmen's rather than $50.00 due them by the By -Laws of the Town Expenses due to the shortage of funds in the Selectmen's Expenses. The Board retired at 9:30 F.M. A true record, Attest: 3;)4,44e --0.N xecutive Clerk, Selec men The next regular meeting of the Board will be held in the Selectmen's Room, Town Office Building, on Wednesday evening, January 3, 1968, at 7:30 F.M. CO 1.4 1