Loading...
HomeMy WebLinkAbout1969 136 SELECTMEN'S MEETING January 6, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, January 6, 1969 at 7:30 P.M. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel; Mr. Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer; Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk. Mr. Gray informed the Board that he had received a call from Otis Brown regarding a TMMA meeting on January TMMA 16, at 8:00 P.M. at the Science Lecture Hall; the meeting is solely on the Junior High School and the Board is in- vited to attend. Mr. Gray informed the Board that part of the project at the "res" is the construction of a building on the site. old He asked how the Board would like to proceed with the de- Res sign. The Chairman said that under the By-Laws, the project is assigned to the Permanent Building Committee. Mr. Gray was instructed to set up an appointment for Mr. Taylor to meet with the Board on next Monday evening. The Chairman read a letter from the Boston Edison Leave to Company, requesting leave to withdraw a joint petition to withdraw install two hip guy and anchors on Marrett Road. Marrett Upon motion duly made and seconded, it was voted to Road approve the request of the Boston Edison Company to with- draw a joint petition to install two hip guy and anchors on Marrett Road. The Chairman read a letter from the Planning Board regarding an access driveway of the Junior High School. Mr. Zaleski had been asked to discuss this with the Traf- fic Committee. Jr. High Mr. Gray said that Mr. Zaleski had submitted three School possibilities of accesses. As a result of a letter from the Planning Board, the Architect met with us and it is the opinion of the Traffic Committee that there should be one access on Marrett Road and a possible one-way in and one-way out, and rather than have a problem on Mar- rett Road, as long as there is a pedestrian walk somewhere, the Architect agreed that this would make some sense; they are coming back on Wednesday morning with an alternate proposal. We were not in favor of this particular type of 137 thing. They are coming in with one point of exit; one entrance to come out at the same place. After the meeting on Wednesday morning, we will make recommendations to the Board. Upon motion duly made and seconded, it was voted to Lodging sign a Lodging House License for Wild Acre Inn at 50 Percy License Road. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification Licenses for: I.D. Kenneth A. Barlow 391 Lowell Street John S. Boyd 4. Oxbow Road Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses for the following: Comm. Pepe 's 856 Mass. Avenue Viet. Bellino's 141 Mass. Avenue Meredith Foods, Inc. 321 Woburn Street Mr. Cole reported that there is a controversy over the bill to change the celebration of April 19 from a Monday. The bill will not go through in time to allow the Celebrations Committee to plan. April 19 Upon motion duly made and seconded, it was voted to direct the Town Celebrations Committee to plan the cele- bration for April 21, 1969, in conformity with the State. The Chairman asked Mr. Cole if he had talked. with Mr. Nickerson regarding the Minute Man National Park Ad- visory Committee. Bicenten- Mr. Cole said that he had not. He did suggest that nial their Committee be responsible for the 1975 celebration; they are better able to more personally direct a good celebration than anyone else. The Chairman asked Mr. Cole to meet with Mr. Nicker- son and report back to the Board. Mr. Adams said that he would hate to have the Bi- centennial go by without something being done. Mr. Greeley suggested a flag raising ceremony. In Battle this same connection, what is the policy of flying the Green Flag flag at halfmast? If we have a flag flown pursuant to an Act of Congress, it should not be dipped. 138 The Chairman said that the flag is still the Town's; all the Act did was give us permission to fly it twenty- four hours a day. My feeling is, it is still the Town's and the people are the most important, just as important as international figures. That is Our main flag. This subject has come up several times. Mr. Cole agreed with the Chairman. Mr. Greeley did not agree. He said that we asserted ' the initiative- this is a flag of significance and we went to Congress; the flag should be accorded a different kind of significance. The Chairman said that the Board can change it but this has been the position for some time; this has been the custom and tradition. The Chairman asked Mr. Legro if he had gone over the Great Meadow contract? Mr. Legro said that he has looked at the proposal and assumes there will be some refinements when the joint committees work on it. The point is, who is going to let Great the contract? We should see what Arlington is going to Meadows propose and act in the best interests of the Town. The Chairman said that Arlington is going to give it to the Great Meadow Committee. I can't see getting into a position of giving it to some other Board. Mr. Legro said that this is Arlington's land and we got authority to contribute to their project. When we spent the $10,000, we got fair value and limit our liabi- lity. The Chairman said to let them draw a contract and we will look at it and see if we are protected and let them let the contract. Mr. Legro said that he didn't think we have any authority to enter into any contracts on Arlington's land. If we do contribute, see that the Town gets a fair return for our money and gives you the things we are looking for. Messrs. Daniel Friel and Bill Jones of the Boston Edison Company and Chief Corr met with the Board. Edison Co. The Chairman said that the reason for the meeting Snow storm is because of the recent storm. We understand full well the problems of that night but we want to get things equared away. I received a call from Chief Corr at 11:30 P.M. saying we had lost the power at 7:15 P.M. and he was unable to get an answer at the Edison Company. I called the emergency number and the first time the line was busy, then I got the Dispatcher to get Mr. Cooper and he not only said that he couldn't, but wouldn't, answer as to why we only had one crew here in Town. He wouldn't give me a number to call but told me he would call me. I waited L5 minutes and called him back. Once again, I explained my 139 feelings and he said that he would call Mr. aueeley, who called me back to say that there was one crew in East Lexington and one from the Woburn line was just coming in; he couldn't give me any idea of when to expect power. I told him there was no power at the housing for the elderly, and someone in Town was in an iron lung; I needed answers and he couldn't give me any. What we want to do is get things squared away for when we are looking for information; when the Chief calls, he de- serves not only answering the phone but some answers. We had no way of knowing what to do, and I don't think we should operate this way; with 33,000 people in Lexington, there should have been more crews in Lexington. We want answers that are adhered to; this is the area we want to go over with you. Mr. Friel asked, can't the fire and police get the answers from the dispatchers? The Chairman said that the police have the tele- phone number and Chief Corr got no answers, only the answering service. At 2:00 a.m. I made the call to Boston. Mr. Jones said that the number is Garrison 7-7600. Chief Corr said that the Woburn phones were not answering, Boston was. Mr. Jones said that a private line goes directly to the supervisor and dispatcher. Mr. Kenney asked if Chief Corr has the unlisted number? Chief Corr replied that he had tried the Woburn number first; the numbers we have to call on failure are the published numbers . Mr. Friel said that the numbers he had go into our dispatching office. Mr. Jones said that the only thing he could say was there was so much trouble in every town and if there were five or ten calls at one time. . . Chief Corr said that he tried to find out why there was one truck in Town. When I called, that truck was called to Arlington and there was not a truck at that time in Town. The Chairman and I were out in the street with five cruisers, trying to locate an Edison truck. We would estimate there were two thousand phone calls coming through the police desk saying they couldn't reach the Edison Company. One of our cruisers went to Grove Street to see the patient in the iron lung and called the fire department to start the generator. We don't think we have to answer for Edison. At one point, we were told that a survey crew was supposed to be in North Lexington looking around trying to find where the trouble was. I found one at Ledgelawn Avenue and the man 140 was reluctant to give any answers; I went back one hour later and he was still sitting there. Mr. Jones said that he was supposed to stay there, there were wires down. The Chairman asked, two of them? We could believe nothing. Mr. Friel said that there was only one truck at that time. The Chairman said another one was sent into the housing for the elderly and he left; I told him that he only had the housing turned on and most of the Town was out. I understand full well in a storm like that it is bad, but I can't understand why an operation would be set up like that. Mr. Friel said that it was not set up that way where the police and fire couldn't get to our dispatcher. When I called Mr. Q.ueeley to check, the truck was on its way. The Chairman said that up until that time we only had one; I don't see why with a Town the size of Lexington and the amount of trouble we had, there was only one crew. For three or four hours, there was no answer. Mr. Friel said that Lexington, as a whole, wasn't badly off as far as trouble and wires down; I just can't understand not being able to get into the dispatcher's center. He asked Chief Corr if he has had any trouble before? Chief Corr replied, not at other times. The Chairman said that he would like to know who we call and have it understood that the next time we get our share of crews in here in less than 4 or 5 hours. We are responsible for 33,000 people; we have an emer- gency and we could be of some help to you; we can't allow it to happen again. Mr. Friel said that this is the first time I have known it to happen to you; we have direct lines for police and fire and they are on PJB. hours. Chief Corr said that the people in there won't give the answers we wanted to hear. Mr. Jones said that they may not have had the in- formation. The Chairman said that we are telling you to get somebody in there with answers. Mr. Jones said that one of the survey men came into the police station and he has a radio in his car. Mr. Friel said that the survey man goes out ahead and finds the trouble. The Chairman said that the survey man was sitting up on Ledgelawn Avenue. Chief Corr said that there were two civil defense men there directing people around the wires. 141 Mr. Jones said that the man showed poor initiative. Chief Corr said that the man asked, who wants to know? The Chairman said that the first answer we got was when we talked to Mr. Friel. Chief Corr asked what would happen if we had a deep freeze immediately following that storm? Mr. Friel said that we would have been back that next day. We had everything back Sunday night. The Chairman said that he felt the worst part is, if we didn't get out of bed, we wouldn't have had you for two days. Mr. Friel said that when the Chairman had called him, two crews were on their way; on Sunday, there were three crews. Chief Corr asked, where did you find them? Mr. Friel said that people are off Saturday. Chief Corr said that in an emergency, he calls his men in. Mr. Friel said that it takes time to call them all in; some people are on vacation and get people from other power companies, Brockton and Connecticut companies. Chief Corr asked if he didn't consider the Boston Edison like the police department and reach these people, no matter where they were? Mr. Friel said that we had crews in there in the afternoon. Chief Corr said that they weren't out all night. We only had one truck until 3 o' clock in the morning. Mr. Friel said that some worked 30, L.0 or 50 hours straight. This business of only one crew - you should have been told what circuits are out and estimates of when they would be back on. The Chairman said that Mr. Cooper would tell me nothing. We can't change what has happened; we want to change the future. We would like to set up numbers to be used by police, fire and public works and would like a guarantee from you in case of this type of thing, we will get what is coming to us as far as crews in here to do the job. Mr. Greeley said that we have had discussion with Edison and have been told how much more expensive it is to put it underground. If you save money on an ice crew, he wished they would figure the money on the cost. Mr. Friel said that they would still have to dig to find the trouble and it is four times more costly. Mr. Greeley didn't agree and said, your cost esti- mates last weekend - you don't charge to maintain services during an ice storm. Mr. Friel said that an ice storm is worse than a hurricane. . 1412 Mr. Greeley said that if they are going to maintain services during a hurricane and an ice storm, you must have more crews and Lexington is paying for interruption of services ; you should figure a better cost to maintain. It.isa.very important point; when we talk about maintain- ing overhead wires, they say they hope they don't have an ice storm. Mr. Jones said that they have quite a bit of Aere- dex cable in Lexington and it is working out very well as it is a perfectly clear cable. The Chairman asked if a limb falling on it will affect it? Mr. Friel said that most of the trouble is from the pole to the house. They are getting underground costs more than ever before and if it is faulty, it is a job to find it. Mr. Friel said that we will be out to the police station and public works and give them the numbers to call. The Chairman said that we want it understood that if the Chief or public works calls, they will get an answer. Mr. Friel said that he will check it and hopes it doesn't happen again. Chief Corr suggested that one man be assigned to this Town that we could call and give these troubles to. The Chairman said that we can get that squared away if they work through Chief Corr. Mr. Friel and Mr. Jones retired from the meeting. Mr. McSweeney discussed the streets that would be approved under Chapter 90; the list should be given to Chapter the DPW. If the Planning Board is serious about Worthen 90 Road, it could be considered; from the Bowman School up to the Church property, 550' , $65,000. The Chairman said that is a Planning Board request; they are asking for a 441 width pavement. Mr. McSweeney said that they would go along with a 70' width. Mr. Kenney asked if this could be amended down to 30 feet? We should have an answer for it. The Chairman asked if the Board would consider Worthen Road? Mr. Mabee said that he would go along with this if the Board works out a definite policy; before we come up with another one, we have to get a lot of people together and iron it out. Mr. Greeley said, not unless we get a commitment from the developer. The Chairman said that it i'ouid take two years. If they want Worthen Road at 550' , we will need $5,000 more. 143 Mr. McSweeney agreed. We have available approxi- mately $95,000 on Chapter 90 and $35,000 on Chapter 679 and 616. The Chairman said that we have to decide. Mr. McSweeney said that a design has been made on Worthen Road and Mass. Avenue. The Chairman mentioned Lincoln Street, from Marrett Road down; there is a drain problem, sidewalk and tree problem. Mr. Gray said that section would probably qualify. The Chairman said that we will look at some roads and finally decide in order to make decisions for the Warrant. Mr. Greeley said that if we get to Town Meeting and they turn down Worthen Road, we forget Spring Street and might get Marrett Road. Mr. Kenney asked if they had to designate Chapter 679? The Chairman said that we have to. Mr. McSweeney said that it was his understanding if Town Meeting approves 679 money, we get the check. The Chairman said that we have to get the authority to use it. Mr. McSweeney said that if authority is given by Town Meeting to spend it, in six or eight weeks, the money is in the treasury. There is a balance of $32,000 ori Maas. Avenue money and we are asking for authority to transfer. Mr. Legro said that, asking about the money for Mass. Avenue, that money comes into the Town and must be here before you can appropriate it; this is the procedure that must be followed; if that money cannot come in and go in- to E & D, it comes in and must be earmarked. Mr. McSweeney said that the Town doesn't have to appropriate 679 or 616 money at Town Meeting. Mr. Kenney said that it behooves us to have a few alternatives. The Chairman said that what will suffice for Chapter 90 will suffice for the other two. Mr. Greeley asked about Route 2. Mr. McSweeney said that it has tentatively been ap- proved to come in at the National Park, a connection at 2A, Route 2A Mr. Greeley wondered what it does to Lincoln Street. Mr. Gray said that there is no connection from Lincoln Street to Route 2. 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 114 might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to gottut,ffExecutive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:50 p.m. A true record, Attest : f 1 /��i c ei' Executive Clerk, Selen Tr c"— i 1 • 14 i SELECTMEN'S MEETING January 13, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 13, 1969 at 7 :30 p.m. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Greeley were present. Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. At 7 :30 p.m. , the Chairman declared the meeting open for a legal hearing on the application of the Knights of Columbus Building Association, Inc. for a K of C Club Liquor License. Club Mr. David Walsh, representing the Knights of License Columbus, and Mr. Vincent Benfante were present. Mr. Walsh said that a certificate of Authority had been voted by the Building Association on December 30, 1968, authorizing Vincent Benfante, as Manager of the Associa- tion, to apply to the Town for a Club Liquor License for all alcoholic beverages to be dispensed on the premises of the Association. He presented a Certificate stating ' that Mr. Benfante had sent, by certified mail, a copy of the newspaper notice of the hearing to all abutters . He hoped the Board would act favorably on the application. The Chairman asked if a list of the Charter has been submitted? Mr. Walsh said that he will submit one. Mr. Gray said that they were not organized under Chapter 180, which is provided for under the statute; they have a Charter from a national organization. Mr. Walsh explained a plan of the building and in- formed the Board that the building is set back 300' from Bedford Street on 100' frontage. There is a large hall with bar, kitchen, restrooms, checkroom, and lobby. On the other side, there is an office and a large room with a refreshment area set up for use of the members. There is a private entrance to the building. They propose to activate an area for functions, and will serve liquor at these functions. The Chairman asked if there will be a bartender on duty? Mr. Walsh said that they have not developed their plans as they are awaiting the action of the Board. He didn't know whether there would be a man on duty just for functions or would maintain regular hours. I X46 Mr. Mabee asked if the lower level and the ground level were the only areas they were requesting for bars and service bars? Mr. Walsh replied in the affirmative. No one appearing in favor or in opposition, the Chairman declared that portion of the hearing closed. The Chairman informed Mr. Walsh that the Board would take the matter under advisement. Later on in the meeting, the Board discussed the regulations covering Club Licenses and Mr. Legro said that it should be added to the rules that holiday hours shall be as determined by the Board of Selectmen. Also, Mr. Legro pointed out that under the provisions of the General Laws, Chapter 138, he would like the licensees to understand that anyone who serves liquor to a person under twenty-one years of age can be found guilty, whether bartender, waitress or manager even though a person has shown an identification card as proof of age. The above rules are to be included in the Regu- lations covering Club Licenses. Upon motion duly made and seconded, it was voted to grant a Club License to Lexington Council No. 94., Knights of Columbus Building Association, Inc. , sub- ject to the regulations covering Club Licenses . Mr. Gray informed the Board that the Treasurer had received a letter from the New Er land Merchants National Bond Bank requesting a vote df the Board designating the Bond Counsel Counsel. Mr. Yewell has checked it out and requests a vote of the Board. The Chairman said that the Board agrees on a vote. Storey, Thorndike, Palmer and Dodge will be put in the classification of special employees. Mr. Greeley said that this means that they cannot have other interests in the Town, as classified under the Conflict of Interest Law. Mr. Gray said that a regular employee cannot carry on any business with the Town. One of their attorneys could represent any Board or Commission, but not the Board of Selectmen, not for a bond. Upon motion duly made and seconded, it was voted that the position of bond counsel and any individual or firm employed as Bond Counsel to the town or to any municipal agency thereof or thereunder be hereby classi- fied as a special municipal employee pursuant to Chapter 268A of the General Laws, to the extent that they are "municipal employees" under said law. Employment as Bond Counsel shall for the purpose hereof include the rendering of advice, the drafing of documents, the 147 rendering of an opinion approving the legality of bonds or notes issued by the town and the provision of other legal services with respect to financing and the authori- zation and issuance of indebtedness. Mr. Gray said that a request has been received from the Veteran' s Agent and the Comptroller, to ask the Trustees of Public Trusts for a transfer of $233.4.9 from Transfer the Bridge Charitable Fund to the Veterans ' Agent. There are three outstanding bills to be paid. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to transfer the sum of $233.49 from the Bridge Charitable Fund to the Veterans ' Account. Mr. McSweeney informed the Board that bids had been opened today for sewer construction for Lowell Street and Woburn Street. The lowest bidder is P. Gioioso and Lowell- Sons at $ 707; plus engineering fees, the total Woburn St. figure is $162,000 and this amount is within the appro- Sewer priation. Contract The Chairman asked if this bid is for the pumping station? Mr. McSweeney said that it was, it was for the whole works; we are still meeting with one person for easements. We will have the contract prepared. The Chairman asked if everything was in order as far as Commissioner Ribbs was concerned? Mr. McSweeney said that we will have a review of the contract before construction. Y Mr. McSweeney said that he would like to set a date for the public street hearing. Upon motion duly made and seconded, it was voted Street to hold the public street hearing on February 13, 1969. Hearing Mr. Gray informed the Board that the Article for the acceptance of Roger Greeley Village Road is not in proper form. He had talked with thelechitect and Housing there is no genuine layout - no allocation allotted Article for:it. He had also talked with Mr. Scanlon regarding the maintenance of the road. Mr. Gray felt that there is is too much work between the Housing and Lexington. The Chairman said that the Housing Authority re- quested that we insert the Article; we usually honor the request, as a courtesy. He asked Mr. Gray to talk with them and ask them to write a letter and withdraw the Article, as soon as possible. Mr. Taylor of the Permanent Building Committee met with the Board. S The Chairman told Mr. Taylor that the Board would like to discuss the construction of the facilities at Reservoir the Reservoir and to charge the Permanent Building Com- mittee with letting out the bid and the construction of the building. We have all of the information and will make it available to you. As I understand it, we are to appoint two members. Mr. Taylor said that they would be two non-voting members,; we more or less treat them as members. Mr. Greeley said that we have the sanitary facili- ties that are required by the Board of Health. Mr. Mazerall is to take care of the size of the building. We have a quotation from a local contractor and will give it to Mr. Taylor. The Chairman said that the Board will appoint two members to the Committee later on in the evening. Mr. Taylor said that this is only for the building. Whom should we talk to, to collect other information. The Chairman advised Mr. Taylor to clear everything through the Executive Assistant. He asked if the Board of Selectmen would give final approval of the decisions? Mr. Taylor replied in the affirmative and asked what the time limit is. The Chairman said that they would like it for this coming season. There may be a budget problem; we have a budget of $30,000 and it should cover all of this. Mr. Taylor asked how much they could spend? The Chairman said that there is nothing concrete as far as design is concerned. Your Committee should comelipwith a number to satisfy the statutes. If you say $10,000 and can't build it for that . . . There is not mudimore than that allotted to the building. Mr. Greeley said that we are in the process of getting quotations and have no idea of when we 14111 get the figures together. IZr. Taylor said that we should come up with an estimated cost. The Chairman said that most of our problem is to satisfy the State statutes. Mr. Mabee asked if there should be an Article in the Warrant for more money. The Chairman replied in the negative. Mr. Taylor retired from the meeting. Upon motion duly made and seconded, it was voted to certify the characters of the following, who have applied for Certificates of Incorporation: Cert. of Dean E. Nicholson 7 Sherburne Road Incorp. "Robert Norris Charitable Foundation, Inc." 1 1 y Robert E. Longpre 5 Smith Avenue "Boston Metro & Suburban Pontiac Dealer Advertising Association, Inc." The Chairman read a letter from Commissioner Hibbs which stated that the tentative allotment for 1969 would be, State grant of $2,000; County to be $2,000 and Town, Chapter $2,Q00 on construction, State grant, $29,700; County, 90 $14,850; Town, $14,850. Mr. Gray informed the Board that we have been going on the premise of $4500 and asked if they would consider raising the amount to $6,000? Upon motion duly made and seconded, it was voted to increase the amount of Chapter 90 to $6,000. Hearing was declared open upon petition of the Boston Edison Company for permission to locate one pole on Childs Road. Notices of the hearing were mailed to the petition- ers, owners of the property as listed on the petitioner's plans, and also filed with the Town Engineer. Pole Mr. Pratt, representing the Boston Edison Company, Location was present and explained to the Board that the request was for a new street lighting pole, to be placed 5 feet off the lot line. The Chairman asked if it was agreeable with the ' neighbors? Mr. McSweeney said that it was agreeable as long as it was turned to face into the cul-de-sac. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the following pole location: Childs Road, northerly side, approximately 418' east of Diana Lane - One (1) pole. The Chairman read a letter from John Morrow, Jr. , 158 East Street, requesting an abatement of $73.65 sidewalk betterment assessment. Deferment The Board agreed to write Mr. Morrow to apply in the future for a deferment. Upon motion duly made and seconded, it was voted to have representation at the DPU public hearing on power failures of December 28 and 29, 1968 and pract- DPU ices of the Boston Edison Company in connection there- Hearing with. The Chairman read a letter from the Arlington Board of Selectmen regarding the Great Meadows. Basically,' Great it was about the charge of the Great Meadows Study Com-me Meadows mittee; Arlington feels it should coback to the joint Boards and the joint Boards would award the contract. X50 Mr. Kenney said that Town Counsel had something to say on the joint award; the contract will actually be executed by Arlington. 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 interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to appoint Benedict Bertini and Eric B. Kula as non- Permanent voting members of the Permanent Building Committee to Building represent the Board of Selectmen on the committee for Committee the construction of the bathhouse at the old "res." Upon motion duly made and seconded, it was voted to adjourn at 10:25 p.m. A true record, Attest: 0 , h, _ Executive Clerk, Selectm , *4.) i6 SELECTMEN'S MEETING January 20, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 20, 1969 at 7 :30 p.m. Chair- man Cataldo, Messrs. Cole, Mabee, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk were also present. The Chairman informed the Board that bids for the printing of the Town Report were advertised in the news- paper, P paper, to be opened on January 20, 1969. Only one bid was received, from Spaulding-Moss, Inc. for $3,519.00, with additional charges of $380 .00, for color pages and Town photographic work. Mr. Zbhner has checked the bid Report and has approved it. Upon motion duly made and seconded, it was voted to award the contract for the printing of the Town Report of 1968 to Spaulding-Moss, Inc., in the amount of $3,519.00 and additional charges of $380.00. J . Legro requested the Board to sign a release to us in settlement of a claim by the Town for damage to a traffic sign in the amount of $211..46. Release Upon motion duly made and seconded, it was voted to sign a release in the amount of $24.46. Mr. McSweeney requested the Board to award the con- tract for the Lowell Street-Woburn Street trunk sewer to P. Gioioso and Sons in the amount of $11111s707. The con- tract has been prepared and received late today and Mr. McSweeney asked the Board to sign it, subject to the approval of Town Counsel. Contract Upon motion duly made and seconded, it was voted to Lowell St. award the contract for the Lowell Street-Woburn Street Woburn St. trunk sewer to P. Gioioso and Sons, 38 Robinson Street, Trunk Dorchester, in the amount of $11111 ,707. Sewer Mr. McSweeney requested the Board to approve the taking of an easement for the Lowell Street-Woburn Street trunk sewer and force main. He has talked with Easement all but one of the people involved and there has not been too much comment. This was discussed at a Selectmen's Meeting with Mr. Altman and others. The Chairman said that you are referring to the sewer to serve the Douglas Road area. Upon motion duly made and seconded, it was voted to approve the taking of an easement for the Lowell Street-Woburn Street trunk sewer and the preparation of the necessary legal documents. Mr. McSweeney showed a preliminary report on Hill- crest Avenue; this is the second section of Hillcrest Avenue that was approved for the 1969 budget. We are preparing a preliminary layout but, due to a hazardous condition, three schemes were presented to the Board of Selectmen for their review. The scheme that we recom- mended not only includes Hillcrest but Cliffe and Rawson. The Chairman asked if he wanted to present these Hillcrest three schemes at the public hearing? Avenue Mr. McSweeney replied that he wanted to present one. We are recommending the middle one. IMIr. Greeley said that it is a modification of the plan for Hillcrest; there isn't depth for additional lots. The Chairman asked if we are leaving a section as Town land? Mr. McSweeney replied in the negative; the section you referred to fronts another street. The Chairman asked if we include this to Hillcrest to this point. Mr. McSweeney said that it was included; this was estimated in our preliminary budget. Mr. Greeley asked if Mr. McSweeney could talk with the owner of the property; before we decide between the other two, it would be worthwhile to work with the owner. M Mr. McSweeney is to talk with the owner and report back to the Board. Mr. McSweeney informed the Board that he had the list of Chapter 90 streets that was requested. It is a preliminary list which gives you the width of the travel way, the layout width and the length. Chapter The Chairman asked if we could use Chapter 90 funds 90 for them? Mr. McSweeney answered in the affirmative. The mini- mum requirement is a 30' pavement width within a 501 lay- out. Mr. Mabee said that they were all here, except Worthen Road. The Chairman asked Mr. Legro to look over the list. The Data Processing Committee met with the Board. Mr. Perry said that the Committee would like to give a progress report on what they had accomplished, and would look to the Board for assistance and advice. 153 The Article asks to extend the time our Committee is to give the report. There are many factors involved and we have proposed additions to the Town Office Building. We have gne vulnerable area in pur payroll. department. The machine we use is seven years / old and we are hav- ing service problems with it. I mention this, as we plan ahead. We may have to think of a short term plan to answer whether we have a rental or a service company or service bureau or a bank to do our payroll. I have talked with different departments and would like your blessing to go in and sit down with the department heads and chat about the problems. It could be a samll task force with a member of our committee to go in and Data make a good study of the systems and methods of proced- Processing ures and, perhaps, give more useful data. In setting Committee up these task forces we look for your help, the TMMA or the Minute-man. Mr. Cole asked if he wanted people with some know- ledge of computers? Mr. Blake said that our concept is simple. We feel that a group of our kind should tread softly. The preparation of citizens is involved in this and we feel that we shoulddo it right, to use a resource plan. Each of the Town departments needs to sit down, batter- board, where not only data processing can be used or, perhaps, systems can be re-done. With that kind of review, we would take steps to advertise, TMMA to help, or group it. Mr. Cole said that he would not argue that. He asked if they are going to use TMMA as a resource, would they have to advertise? You know them and just go after them. The Chairman said that Mr. Perry is looking for permission to go after the people he is looking for. My feeling is, we could give them permission to set up a task force as they see fit. Mr. Kenney said that we could ask the department heads to give them the utmost co-operation. Mr. Bevin said that it is important when we talk with department heads to give them the idea that we are not trying to monitor, to give them the idea that there is not an efficient record-keeper. The Chairman asked the Committee to get together and decide how they are going to set up the task force. Once they decide, come back to the Board and let us know how you are going to do it. The Data Processing Committee retired. "Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses for the following, all having been approved by the Board of Health: 154 Minute Man Buffeteria 316 Marrett Road Bamboo Hut, Inc. 177 Mass. Avenue Common Reed's Drug Store 1721 Mass. Avenue Victualler James H. McManus 399 Lowell Street Licenses Upon motion duly made and seconded, it was voted to sign an Auctioneer's License for Dean A. DeMarre, Auctioneer 22 Bernard Street. Upon motion duly made and seconded, it was voted to authorize the Chairman to certify the character of Cert. of Robert G. Godwin, 15 Normandy Road, who has applied for Incorp. a Certificate of Incorporation for the "Church of Christ (Christian) Inc." Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to remove and install one existing joint owned pole and guy wire and anchor on Spring Street. Notices of the hearing were mailed to the petition- ers, owners of the property as listed on the petitioners' plan and also filed with the Town Engineer. Mr. Pratt, representing the Boston Edison Company, Pole and Mr. Dunn, representing the N.E.T. & T. Co., were Location present. Mr. Dunn said that a request has been received from a subscriber to remove a pole 40' from the middle of the driveway in order to clear the driveway. The Chairman asked what has happened to the proposal for other poles on Spring Street? Mr. Dunn said that as far as he knew it is being held in. abeyance. Mr. Pratt .acid thdt _ .e had not covered that hytrinc but he had seen it in the files and it is being held in abeyance. The Chairman asked if this pole would have anything to do with that proposal? Mr. Dunn said that it would not. He said that this new pole can be set but it would take time for a new cable to be put in. Mr. McSweeney said that we have been trying to get Kennecott Copper, Raytheon and your companies together. Under- In talking with Kennecott Copper the cost is $40,000, ground which Kennecott and Raytheon feel should be shared with Conduit the Boston Edison and N.E.T. & T. We would like to see it put underground. Mr. Pratt said that he would talk with his Company tomorrow. 1b 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 approve the petition and sign the order for the following JO pole location: Spring Street, northwesterly side, approximately 565 feet northeast of Hayden Avenue,-- One (1) pole, guy wire and anchor (One existing JO pole and guy wire and anchor to be removed. ) Mrs. Eckstein and residents of Barberry Road met with the Board. Mr. Richard Sousa acted as spokesman for the group and thanked the Selectmen for the opportunity to demon- Barberry strate their intense need and desire for a sewer and to Road ask for reconsideration on the postponement of the in- stallation of the sewer for an additional year. He said that over 85 percent of the residents had signed the petition and only four or five people didn't want it. The Chairman said that the Selectmen are aware of the situation in that area and we are installing the trunk sewer with the pumping station, to cover part of your area. Looking one step further, we asked the Capital Expenditures Committee for more sewer money and they have only agreed to the usual 3540,000 for trunks and laterals. We were thinking of coming into Five Fields and doing the first section, which would be *113,000 on Barberry Road. We didn't have that much money. Taking that into consideration, plus trouble spots in the Town that are larger and more serious, we felt that we would come in next year and do a substantial part of the Five Fields area with one construction contract. We would do the whole thing at one time and ease your aggravation. We have had other groups in with the same request for a sewer. We understand the problem very well, but it is a money problem. Mr. William Whalon was present and said that he lived on Benjamin Road and they have an urgent situation there. He had seen something in the Minute-man about a proposal to extend the sewer line on Waltham Street for an office complex and he would much prefer to see the people serviced. The Chairman said that this is the same trunk for Five Fields and once it is in, it will serve the whole part. We don't think this money should be spent strictly for an office building, this will serve the lower end of Concord Avenue. To service Five Fields, we go to one point and to service this office complex we don't have to go much beyond that point. VA) Mr. Whalon said that citizens have been neglected to promote industrial developments; in the meantime, our basements are filling up. Mr. Cole said that people are going to be taken care of too. Mr. Kenney said that people cantt be serviced without that Hayden Avenue trunk. Mr. McSweeney drew a plan and explained the system to the residents. The Chairman explained that the Town had a master plan fifteen years ago on how the Town would be serviced and we updated it. Mrs. Eckstein said that, for people in genuine distress in our neighborhood, we want a commitment from t1 Selectmen that they plan on doing their area next year. The Chairman said that we will definitely come into the Five Fields area and do a substantial amount next year. The residents of Barberry Road 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, Executive might adversely affect the public security, the financial Session interests of the Tgwn, or the reputation of a person. After discussion involving the financial interests of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:05 P.M. A true record, Attest: Executive Clerk, Selectmen ( ' ar' , c-- 0 _, na 157 SELECTMEN'S MEETING January 27, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 27, 1969 at 7 :30 P.M. Chairman Cataldo, Messrs. Cole, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. A legal hearing was opened, upon application of the Sons of Italy for a Club Liquor License. Mr. Joseph Vitale and Mr. Andrew Sutherland, rep- resenting the Sons of Italy, were present. Mr. Sutherland informed the Board that a list of officers, a sworn statement that all abutters have been notified of the hearing, and a floor plan of the Club have been submitted. The floor plan shows the hall where liquor will be served from one bar; the rooms up- stairs are the meeting rooms. The Chairman asked him to describe the general operation. Mr. Sutherland said that they have set up a House Committee that mans the function of that portion of the Club; the hours are 1:00 P.M. to 11:00 P.M. The Chairman asked if there were any specific opera- ting hours, as such, and if there was a bartender? Mr. Sutherland said that a member of the House Committee was bartender, for members only. The Chairman said that you have designated a time, Sons of will this continue? Italy Mr. Sutherland replied in the affirmative. The Chairman asked if he was asking for these hours in the permit? Mr. Sutherland replied that they were asking for 4:00 P.M. to 11:00 P.M. , with no changes. Mr. Kenney asked if they ,,ould be opened on Sundays . Mr. Sutherland replied in the negative. No one appearing in favor of the application, the Chairman declared that part of the hearing closed. The Chairman asked if anyone was in opposition, and Mrs . Paul Shea of 2 Larchmont Lane asked to be recognized. Mrs . Shea said that she was not really in opposition but was at the hearing to have a few questions answered. She asked if the permit would limit it to club members and if the club members would be able to have guests. 15S Mr. Sutherland said that they could have 125 members but there were slightly less than 100 members ; as far as guests are concerned, they are allowed and have to sign a register. There are certain restrictions for members and they may only have guests three times in four months. The Chairman asked for the exact number of members. Mr. Sutherland said that there were 95 members. Mrs. Shea said that there could possibly be a pro- blem as there was no limit to membership and, now that they can serve liquor, it would make it more appealing to join. Mr. Sutherland said that we have tried, but we can't increase our membership; if we were able to get 2 or 3 members a year it would be quite an achievement. Mrs. Shea said, no liquor on Sundays. Mr. Sutherland agreed. Mrs. Shea asked if the club would be enlarged or signs erected? The Chairman said that it would have to come to the Board of Appeals to get permission to do that. Mrs. Shea said that there are children on Larchmont Lane.. The Chairman said that this will be policed and the rules and regulations enforced. Any violations will be dealt with, with no restrictions . We have done this with our motels . It will be policed exactly the same way; we will not let this get out of hand. Just pick up the phone if you see any violations and we will be happy to listen to you. Mr. Kenney said that your membership could be 125. Mr. Sutherland said that they couldn't get that many. Mr. Greeley said that the answer to control over the guarantee is an annual review and specific control if they want to enlarge the building. Mrs. Shea said that growth is a problem. The Chairman said that they have to apply every year for renewal; we evaluate this as we do the package stores and we handle it the same way. If there is a pro- blem , ro- blem , you would not have to wait for the annual hearing for a license. We are happy that you would come to the hearing to ask us the questions directly. Mr. Greeley asked Mr. Sutherland if the parking situation is reasonably under control? Mr. Sutherland replied that they have ample parking. Mrs. Shea had no further questions . The Chairman declared the hearing closed. He in- formed Mr. Sutherland that the Board would take the matter under advisement and let them know the outcome. Mr. Sutherland and Mr. Vitale retired. Later on in the meeting, the Chairman asked the Board to discuss the license. Mr. Greeley said that he felt that when these a zations apply for a license, to set some sort of figure 19 r on membership. It is reasonable for them when they come in to tell us how many members they are going to have. I wouldn't feel the same way if it increased to 800. Mr. Kenney said that Mr. Sutherlan3 told us that the membership was limited to 125. If granting it, the Sons of Italy would be in favor of amending our regula- tions downward by asking to close at 11:00 P.M. and no Sundays; don't give them any more than they ask for. Mr. Cole agreed. We are talking about regular members and we are trying to stop them from having a substantial membership. Mr. Kenney said that we could say that regular membership shall not exceed 125. Mr. Cole said that the Board can't do that. Mr. Greeley said that they testified in open hear- ing that they can't concieve of having more than 125 members. The Chairman asked Mr. Legro if the Board could legally set the limitation on the license? Mr. Legro said that he would be very much inclined to doubt it; you might be able to limit the number of people who use the facilities when the bar is open. Mr. Greeley said that the Board is put in a position of revoking the license, rather than warn them in advance. Mr. Legro said, the Board could grant it on the condition that, for this locality, the membership shall not increase. You would be within your rights if it grows substantially. The Chairman said that we will send a letter inform- ing them that a license has been granted. This is granted based on the facts before us now but if the membership changes, we would feel differently. Upon motion duly made and seconded, it was voted to grant a Club Liquor License to the Sons of Italy, subject to the Rules and Regulations for Club Liquor Licenses; the hours are 1.:00 P.M. to 11:00 P.M. - Monday throgh Saturday; Sunday hours to be determined by the Board, and holiday hours by special permission of the Board. The Chairman informed the Board that Mr. Stevens is here, representing the Lexington Liquor Mart, to request a transfer of license to a new location. We approved a Lexington transfer last November but, as I understand it, if the Liquor transfer didn't take place within the calendar year they Mart would have to apply again. It will be handled in the same manner as before, advertised in the Minute-man and wait the required number of days before action is taken. He asked Mr. Stevens if there wore any changes. Mr. Stevens replied that there has been a change in the building; the addition to the First National Stores will be in the same location but will extend 25 feet further, toward the rear of the building. The plan before was to bO have a first floor and a mezzanine; under the new plans, there will be no mezzanine but will extend back 25 feet more. Basically, it is the same proposal. Mr. Greeley asked about a hearing. The Chairman said that we can have an advertised hearing and give 10 days to come down and file. Mr. Stevens said that a hearing is not required. Upon motion duly made and seconded, it was voted to advertise the application of the Lexington Liquor Mart for a transfer of liquor license from 1840 Massa- chusetts Avenue to an addition to the First National Stores, Bedford Street. The Chairman informed the Board that we have re- ceived a gift to the Town of Lexington of a water caraffe and glasses. The donor would like her name withheld but wished to show, in some small way, her appreciation for the time and effort the Board puts Gift in for the Town. Mr. Legro said that he has a contract for the Lowell Street-Wolmirn3trnatDouglas Road sewer which Mr. McSweeney presented to the Board last week. There are still certain insurance certificates and the .liabi1 Sewer lity policy missing. If the Board signs it, I will Contract withhold my approval until they are received. Upon motion duly made and seconded, it was voted to sign the contract awarded to P. Gioioso & Sons, Inc. for the construction of the Lowell Street-Woburn Street Douglas Road sewer, in the amount of $714.,707, subject to the approval of Town Counsel. Mr. Legro requested the Board to sign a release on a claim of damage to a traffic sign in the amount of Release $47.82, a full settlement. Upon motion duly made and seconded, it was voted to sign the release on a claim of damage to a traffic sign, in the amount of $14.7.82. Mr. McSweeney informed the Board that a letter has been received from the Commonwealth DPW requesting that we furnish a performance bond in the amount of $10,000 payable to the Commonwealth through its Depart- ment of Public Works, guaranteeing satisfactory work on Woburn Woburn Street. Street The Chairman instructed Mr. McSweeney to give a copy of the letter to Mr. Legro. The Chairman remarked that we should not get involved in supplying a bond for the Commonwealth. After discussion with Commissioner Ribbs, they feel that if we are not out of there in time damages may be assessed by their contractor against the Commonwealth. I told them the Town would have to assume the liability, regardless - bond or no bond. Mr. McSweeney said that this is the final answer on our request for a permit as part of our participation of II the three miles of construction on Woburn Street. We also stated that the contractor would be out by May 15th. We did not expect them to ask for a performance bond. Mr. Legro said that this bond doesn't limit itself, it doesn't mention the time of completion of the contract - it covers damage done to drainage structures. The Chairman said that this is a standard form. In the drawing of the bond, this is what they are looking for - the guarantee of damages to them beyond that date. This is just to alert us that they want a bond. It would be my feeling that we work around it. Mr. McSweeney said that the work we will perform will be well over $60,000; this wouldn't begin to cover it; it would leave us open for damages for one whole year. The Chairman said that we will raise these points; they are still holding the permit. Mr. McSweeney informed the Board that the Traffic Study Committee has reviewed the sidewalks for 1969, and they are recommended on priority, Cedar Street, Grant Street, Taft Avenue, Marrett Road, Simonds Road, Bow Street, Hill Street, Concord Avenue and Winchester Drive. The first four are approximately $4.5,000, to add the fifth would be the vicinity of $75,000. The Chairman asked how much money was available. Mr. McSweeney said that Capital Expenditures recommended $45,000. Mr. Kenney said that some have been requested by the Planning Board, Cedar Street, Marrett Road and Simonds Sidewalks Road. We reviewed Concord Avenue and talked with the School Committee. Mr. Greeley asked what stretch of Marrett Road? Mr. McSweeney replied that it was from Elena Road to Five Forks. He said that he hasn't worked out the layout and the problems on Cedar Street, but they will be ironed out. The Chairman said that whatever sidewalks are agreed on, we will include at the street hearing. Upon motion duly made and seconded, it was voted to recommend the following sidewalks to be constructed: Cedar Street, Grant Street, Taft Avenue and Marrett Road. Mr. McSweeney informed the Board that the Traffic Safety Committee has met with the Architects for the Proposed Junior High School and reviewed their proposal for an Jr High entrance to Marrett Road. The Traffic Committee was School in disagreement with their proposal and recommended that the road be placed adjacent to the Swenson Farm property. This would provide an intersection on Marrett Road, with a 500' sight distance in each direction. 462 Mr. Greeley asked, how near is the house? Mr. McSweeney said that it is fairly cipse. The Architects, Davies and Wolfe, didn't agree with the committee's proposal and made an alternate suggestion of moving their intersection 40 feet in a northerly direction, which places it in the middle of a horizontal curve and doesn't provide the proper sight distance for a motor vehicle travelling in a westerly direction in stopping for a left hand turn into the proposed school property. The Chairman asked what was their claim in being able to decide on the safety factor. Mr. McSweeney said that he had asked them what they based it on and they said that you could see 1,000 feet. He added that he wanted the Board to be aware of this. We told them that we would make our recommendation to the Board that it should be located down here, and asked that any future development of trees be kept on the site. We recommend one entrance, with a sidewalk on either side. The Chairman asked the Board for an opinion. Mr. Greeley said that he didn't know what our preroga- tive is, but to recommend it to the Building Committee with the assertion that it is the rnsimirous opinion of the Traffic Safety Committee. Mr. McSweeney said that we did say that they would have to file for a permit with the State Traffic Engineer and the District Engineer in Arlington. Mr. Cole asked if he had suggested that if they wish to be arbitrary about this. . . Did you tell them that other departments in the Town might try to let the agency they are going before know the other side of the question? Mr. McSweeney said that he had told them. Upon motion duly made and seconded,• it was voted to accept the recommendation of the Traffic Committee to place the entrance road adjacent to the Swenson Farm property, as proposed in their plan. A legal hearing was declared open upon application of the Benevolent and Protective Order of Elks #2204, for a Club Liquor License. Mr. Henry Kirkland, Chairman of the Board of Trustees, Liquor represented the Elks at the hearing. Elks Club The Chairman said that we have received certification from you that the abutters have been notified of the hearing. Mr. Kirkland said that we wish to have a license and serve on Saturdays until 12 M. with last call at 11:45 P.M. We would be open on Sundays only for functions; there are occasions that we may have our own affairs, like the anni- versary ball, and we would be open on Sunday then. On Saturdays, we would like from 1:00 P.M. to 12:00 M. The Chairman said that there are functions when you would lease your hall to outsiders and organizations? Mr. Kirkland answered in the affirmative. The Chairman asked how many members there are? Mr. Kirkland said that there are 410 members. The Chairman asked if there would be a bartender on duty and a Manager on duty at all times. Mr. Kirkland replied that there would be, and a full-time custodian. Mr. Kenney asked if he wanted 11:15 P.M. on week day nights. Mr. Kirkland replied in the affirmative. The Chairman said that we have rules that we would impose as we grant the license. Mr. Kirkland said that we are required to have a policeman; we will keep full control of the bar, as there is a bartender, a full time Manager, and a custodian. Mr. Kenney said, in other words, your Manager is wholly responsible at all times. The Chairman asked if Mr. Kirkland was asking for permission to operate the upstairs bar and not the down- stairs bar? Mr. Kirkland replied that only one bar would be set up permanently. No one appearing in favor or opposition, the Chairman declared the hearing closed. He informed Mr. Kirkland that the Board will take this under advise- ment and notify the Elks of the Boardta decision. Later on in the meeting, the license for the Elks was discussed and the following hours were agreed on: Monday through Thursday, 7 :00 P.M. to 11:00 P.M. ; Friday - 7:00 P.M. to 12:00 M. ; Saturday - 1:00 P.M. to 12:00 M. ; Sunday - 1:00 P.M. to 11:00 P.M. Main Hall and Lounge, Holidays by special permission of the Board of Selectmen. Mr. Philip Gordon, Dennis Sloan and David Cushman of Peacock Farms met with the Board. Mr. Philip Gordon, said that they are meeting with Peacock the Board tonight to look into the plans that the DPW Farms has with regard to implementation by Commissioner Hibbs. He has contacted the DPW at Nashua Street and they advised me to contact the District Engineer, who told me that they would finish grading the ramp through Peacock Farms by June, 1969 and would put loam and seed it and put the customary metal fence on the property line. He said that there were no other plans in the works as far as he is concerned; anything else would be between me and the people in the DPW. We requested this meeting so that some action would be taken by the Lexington officials to initiate a meeting with the DPW. The Chairman said that the DPW is no longer giving out the landscaping contracts. Commissioner Hibbs talked with Mr. Cole and me and he is fully aware of the situation and will set up a meeting for a landscape 164 design for that interchange, taking into consideration the contract design. A committee will be set up to do this; we are all aware of this and ready to go to work on it. We will keep you informed of what we are doing. Mr. Gordon said that we would like to be part of this committee. Mr. Dennis Sloan said that we would like to have one representative of Peacock Farms on any committee, at its earliest stage; we would like to be invited at the beginning. The Chairman said that, once we sit down, we will lay the ground rules; we will have one of your people there. We will keep you infozmel of what is going on. The Chairman read a letter from Mr. Jeremiah, Wire Inspector, requesting that Edward Burke act as Wire substitute Wire Inspectorduring his vacation from Inspector March 1 - 22, 1969. Upon motion duly made and seconded, it was voted to notify Mr. Burke to act as substitute Wire Inspector for the period of March 1 through March 22, 1969.. Upnn motion duly made and seconded, it was voted to authorize the Chairman to sign Certificate of Cert. of Incorporation certifying the character of the following: Incorp. Mary L. Poutas, 93 School Street -"Volunteer', Inc." Shirley B. Goodwin, 5 Westwood Road - "Massachusetts Rehabilitation Home, Inc." The Chairman read a letter of resignation from Donald R. Grant as a member of the Appropriation Committee, Appropri- effective immediately. a#ion Comm Mr. Cole asked if it was necessary to act on it tonight. The Chairman said that he has talked with Mr. Grant several times and asked him to come before the Board but Mr. Grant had informed him that his decision was t irr4vecable. -Upon motion duly made and seconded, it was voted to accept, with sincere regret, the resignation of Donald R. Grant as a member of the Appropriation Committee. Woburn St. Upon motion duly made and seconded, it was voted Sewer to sign the order for construction of sewer on Woburn. Street. The Chairman read a letter from R. Curtis Hamilton requesting pro tanto payment for the following: Eminent Hamilton Domain Whipple Hill Instrument #222-Middlesex South Pro Tanto Registry; and Eminent Domain Whipple Hill Document Payment #462003-Middlesex South Registry. The Chairman said that we will turn this over to Town Counsel and have him draw up the necessary papers. Mr. Greeley said that he would like to give a IIreport on the Suburban Responsibility Commission. The Chairman said that he presumed the Workable program has been straightened out; he had talked with Mr. Zaleski, who agreed to whatever changes we recommended. Mr. Greeley said that the housing on Woburn Street is occupying most of the Commission's time now. They LCSR had questioned what happens, assuming the zoning is passed, if FHA doesnot approve the three percent mortgage, if they either do not find it approvable or there is no money left. The situation seems to be that Mr. White would tend to go ahead and build and he is willing to offer up to 20 per cent of the units to some agency like the Housing Authority. It is being looked into by the Housing Authority. Mr. White says that he would continue to apply for FHA assistance and, under FHA or a later program of a subsidized mortgage, it would bring the rental down. It is a question of a matter of faith or not, it may be an instrument but no one knows; he says quite sincerely that he would try; that problem is bothering these people who are workingon it. There is a bigquestion on it and whether it will be resolved at Town Meeting, I don't know. Whether this housing, built as moderate income housing with subsidies, will serve directly to assuage the housing program for school teachers and town employees and minority ethnic groups, people from Roxbury who need help. We took two votes that the Commission request the Housing Authority to study the letter and report to the Committee; we asked the Housing Authority if they would be ready if Mr. White offered one and to make it available to people in moderate income bracket. Two, in principle, the Commission supports Mr. White' s proposal; we under- stand that this vote commits the members of the group, this is the stand they have taken, on where it stands at this stage. The Commission is very much determined to see if we can't help those of moderate income. The Chairman asked what they consider the rents to be? Mr. Greeley said that, generally, they go from $90 to $150 for one to three bedroom units, for people with $6,000 to $10,000 income. The Chairman asked if there was a variance for construction? Mr. Greeley replied that there was not a variance, he added that the way Mr. White can do it is, he gets three per cent money. Mr. Kenney said, ideally, he would have the financ- ing arranged. He asked if there could be a situation whereby you might postpone the action. Mr. Greeley replied that there could be. Mr. White indicated that he would rather take a chance and go 1 after it rather than wait. The tenor of the Commission t would be to recommend if the situation looked optimistic rather than recommend postponement because it wasn't signed and sealed. The Chairman said that he can't see where he can come into this price range. Mr. Greeley said that he hasn't looked into it enough to know. The Chairman said that he is talking $1.0,000 difference in cost of operation - seven per cent money. Mr. Greeley said that this means that Mr. White is going to come up with $150 rent. He is talking in terms of about 115 units with one, two and three bed- rooms; it looks as if he is going to have more with larger bedrooms. The Chairman said, if this is where the need is. . . Mr. Greeley said that we are going back and forth without an answer. Intown needs show a demand for a smaller unit; the need from Roxbury would be a basically different thing and the black members of the Commission are cautious, they are very careful not to say to the Commission that there is a desire to come from Roxbury. Mr. Cole said that we can't understand the thinking of the people of Roxbury talking with them, they seem to have a desire to stay there. Mr. Greeley said that he wanted to keep the Board informed on the items discussed by the Commission. The Chairman said that he would like to discuss the subject of the zoning violation on Concord Avenue. He Fitzgerald had answered the first letter from Mr. Mollo-Christensen Zoning and explained that Mr. Irwin had notified ma that this is in violation of the zoning ordinance and Mr. Fitzgeraid had an application for a hearing pending before the Board of Appeals to continue his operation for a short period of time until he can move to his permanent location which is now under construction. We received another letter from Mr. Mollo-Christensen asking that Mr. Fitzgerald clean up the area. I will write Mr. Mollo-Christensen informing him that the Board of Appeals has scheduled a hearing for February 13 and that Mr. Irwin has written to Mr. Fitzgerald informing him that, if the Board of Appeals fails to grant his request, the use of the premises for the storing and repairing of automobiles and the operation of a towing service must be eliminated within fifteen days; also, the removal of all unregistered oars and parts not under cover must commence at once. At the request of the Town Clerk, three jurors were drawn, as follows: Wilbur W. Roberts 10 Muzzey Street Jurors Chester J. Dunn 30 Young Street Joseph Carbone 17 Ledgelawn Avenue The Chairman said that the Capital Expenditures Com- mittee has submitted a• preliminary report and we should have them in on next Monday evening with Chief Corr to discuss the shift differential. The Chairman said that we have asked the Planning Board and the Conservation Commission to make recommenda- tions on the Land Advisory Committee. We have received Land a letter from the Planning Board which recommends that Advisory the Committee be made up of the Town Engineer, Chief Comm. Assessor's Clerk and the Town Counsel, and its responsi- bility be strictly limited to investigation and advice, at the request of one or more town boards, regarding the dollar value of land proposed for acquisition by the Town. Also, the Planning Board would not recommend the appointment of a Committee composed of unpaid citizen volunteers, even though professionally qualified; they would continue to urge the employment of professional assistance to secure and evaluate appraisals and to negotiate options for land acquisitions. Mr. Kenney suggested that they wait until the Con- servation Commission replies. The Chairman said that Mr. Sussman will be con- tacted to meet with the Board for discussion on the proposed Advisory Committee. Mr. McSweeney informed the Board that he had talked with the people on Hillcrest Avenue and there is no objection on Albemarle as long as the retaining wall is put there. Mr. Dattoli has no objection to it, but wondered what the outcome would be from a financial standpoint. We would like to recommend this layout and propose to bring it to the street hearing. The Chairman asked if Mr. Dattoli will be charged a betterment? Mr. McSweeney replied, not necessarily; the largest iillorest side is beyond it. Avenue Mr. Greeley said that there should be an agreement as Mr. Dattoli is getting a better deal. The Chairman said that even if he doesn't agree, why can't we just make the taking? Mr. Cole said that if this is the best approach, let's do it. Mr. Kenney asked if the damages would be $200? Mr. Cole said that he doesn't have a buildable lot. Mr. Greeley asked what is being done to the exist- ing street that is being vacated? Mr. Cole said that part of Rawson will still stay there and we would feel free to dispose of it. Mr. Legro said that the part you are no longer using is now a private way; the Town has no rights there. 1 Mr. McSweeney said that when we make the taking, all of this would be worked so that we can come back and dispose of this. The Chairman asked about the water main. Mr. Legro said that to lay out a public way gives the right to lay out a water main, and you would never construct a public way with part of the water line outside. Mr. Kenney said that we agree with what Mr. McSweeney intends to do. Mr. Greeley said that the triangle is the back of the lot that abuts the street. Mr. Legro said that these lots front on another street and they couldn't build facing this way. He didn't think the Town had the right to take land for no public purpose; we might be crating some problems for somebody, but if it is backland, no; by our laying out a public way, we aren't affecting anybody else's title. The Chairman said that on the parcel of land in question, we have no obligation; we can go ahead with the layout Of Hillcrest Avenue. Mr. Legro said that it is going to take some real title examination to find out if the abutter does own to the middle of the road. Upon motion duly made and seconded, it was voted to accept the layout of Hillcrest Avenue, as recommended by the Town Engineer. Mr. Greeley said that he would like to take another look at Spring Street at 44 feet; he is not going to vote for Spring Street, as he feels it should not be more than 24 feet. Mr. McSweeney said that the minimum in subdivisions is 30 feet. Mr. Kenney asked how many cars a day on Spring Street? Mr. McSweeney said that they had just started today to take it. It is being taken on a daily basis on Adams Chapters Street. 90 - 616- The Chairman said that we have talked of using 679 679 money on Lincoln Street to Marrett Road. Mr. McSweeney said that we could build within the layout with 679 money; there is no specified width, nothing on the layout. The Chairman asked what is the length of Marrett Road to Middle Street. Mr. McSweeney replied that it is 2200 feet long. The Chairman said that we are talking $100,000; we have $67,000 in Chapter 679 and 616, can we add this to Chapter 90 money? Mr. McSweeney said that we did it on Massachusetts Avenue. Mr. Greeley said that you could go into Barrymeade Drive. ' The Chairman asked Mr. McSweeney what his recommenda- tion for a pavement for Lincoln Street would be and what the design would be. Mr. McSweeney said that we would try to fit a 30 foot pavement in there; with the subdivision rules we have, we would try to put in a 301 pavement. Mr. Greeley said that there aren't too many good trees involved; a lot of the trees are back in and off the property. The Chairman said that our position is, Worthen Road for Chapter 90 money. Mr. McSweeney said that we have already designated Spring Street. Mr. Cole. said that we want to get the full use of Chapter 90; if Town Meeting won't accept Spring, what is the next in order of priority? The Chairman said, none. What you are saying is Worthen Road and Adams Street. I would think we should try to get Lincoln Street built from Marrett Road to Middle Street. Mr. McSweeney will take a look at it, how he would design without state funds and if it would comply with Chapter 90 specifications, including the inspection. Mr. Greeley said that, regardless of how you put it, it is Worthen, Adams, Spring and Lincoln Streets. Upon motion duly made and seconded, it was voted to x go into Executive Sessionve for the purpose of discussing, Session ecuttiec deliberatingor votingon matters which, if made public might adversely affect the public security, the financial interest of the Town, or the reputation of any person. After discussion concerning the finances of the Town, it was voted to gado of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:05 P.M. A true record, Attest: gree--0- 1, Executive Clerk, Selectme 170 SELECTMEN'S MEETING February 3, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, February 3, 1969 at 7:30 p.m. Chairman Cataldo, Messrs. Cole, Mabee and Greeley were present. Mr. Legro, Town Counsel, Mr. McSweeney, Town Engineer, Mr. Burke, Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present., and Mr. Wenham, Assistant Superintendent of Public Works. Mr. Gray said that Washington's Birthday will be Selectmen'scelebrated on Monday, February 17, and asked what Meeting evening the Board would meet that week. It was agreed to meet on Wednesday,.'February 19, 1969. Mr. Gray said that he had received a request to purchase tax title lots on Rangeway. The Planning Board recommends against the sale and it is our recommendation that the Board go along with their decision. Upon motion duly made and seconded, it was voted not to sell tax title lots 29-32, incl. on Rangeway to Mrs. Bernard Levinson, 10 Coach Road, Lexington. Tax Mr. Gray said that he had received a request to Title purchase tax title lots on North Street. The Planning Board recommends against the sale and it is our recom- mendation that the Board go along with their decision. Upon motion duly made and seconded, it was voted not to sell tax title lot 99 North Street to Russell A. Williamson, 343 Woburn Street, Lexington. Mr. Gray informed the Board that Mr. Taylor had called him regarding the application to the State for the entrance to the new junior High School. Mr. Taylor suggested that he include the proposal they had originally made and the recommendation by the Traffic Safety Com- mittee and ask the State to approve the one they like. Jr. High Mr. Gray felt that we should stick to the recommendation of the Traffic Committee. Mr. Greeley said that it is putting the decision before the State, rather than before the Town. We have two choices - to make a decision now or have Mr. Taylor come before the Board. I feel that in fairness to them, they should come back to the Board. Mr. Gray said that the position of the Board is to get in touch with Mr. Taylor, The Board will make one recommendation and if they wish to come back to the Board and discuss it, come back. If not, the Board will take the recommendation of the Traffic Safety Committee. Mr. Gray informed the Board that the Sons of Italy didn't realize that the hours on Saturday would be from 4:00 to 11:00 p.m. and requests the hours of 12 Ni to 11:00 p.m. The Chairman said that the application has gone to the ABC and we will have to check with them to see if Spns of it requires another hearing. We could vote now to amend Italy the hours and check with the ABC. Upon motion duly made and seconded, it was voted to amend the hours from 4:00 to 11;00 p.m. on Saturdays to 12 N. to 11:00 p.m. on Saturdays on the Club Liquor License issued to the Sons of Italy. Dr. Ellicott and Sumner Perlman of the Drug Abuse Committee met with the Board. Dr. Ellicott presented a report to the Board which Drug stated that early in 1968 a group of interested citizens Abuse of the Town, at the suggestion of Dr. Fobert, formed a committee to take a unified look at the drug problem in Lexington. One purpose of the Drug Abuse Committee was to act as a clearing house for information, films, speakers, etc. relating to the drug problem. Another purpose was to determine what facilities are available for support and treatment for those involved in drug usage or potential usage. The purpose of this presenta- tion this evening is to obtain funds from the Town for a part-time Social Worker-Drug touhscillov. In addition to the salary for this person, other expenditures are a telephone and office space. The requirement for a one- year period is $7,100 which would be, Salary-$1}500; Office and Misc.-2,000; Telephone-$600. Dr. Ellicott said that we are advised by other Towns that a sort of office front would be the best place. Our problem is that young people who are invdived would not go into an authoritarian place. We would have to have an office and a social worker. We have had ten meetings with about twenty people attending and are planning programs for P.T.A. meetings. Mr. Greeley asked if he visualized there would be many contacts between the Social Worker and client? Dr. Ellicott said that the only indication is what Wakefield has done. About two and a half years ago, because of the increasing number of drug problems, a Consultant was hired; she is very busy and told us that she would get four or five phone calls from a person before meeting with him. I Mr. Greeley wondered if they would use a store front or a covert place. Dr. Ellicott said that a store front on a main street might be too open and too expensive; if we could find a home where the front room would be available. . . Mr. Greeley asked if the Visiting Nurse Association would be available? Dr. Ellicott said that they had thought about it. Mr. Greeley said that it is out of the way. Dr. Ellicott said that Mystic Valley Health and McLean Hospital have offered us a roof, but there is a certain stigma attached in going to a health agency. We have worried a lot about what to do if we run into knowledge of crime and not report it; at the front, they would try to encourage the person to pass it along to the Police. We would always have a person who would work discreetly. The Chairman said that you have on your report that Dr. Fobert instigated this. Dr. Ellicott said that he isn't the only one who felt the need. The Chairman asked if they are asking to insert this in the Warrant? Dr. Ellicott said that they had asked the School Department but they said that it couldn't be done. Mr. Perlman said that this is pretty much a problem that is not limited to kids in school; there are kids who have dropped out of school. The Chairman said that it is under the school jurisdiction. Mr. Mabee didn't think this would be an Article in the Warrant, but thought it would be under the Health Department; this is an operating type of budget thing, the Health Department is a member of this Lexington group. The Chairman asked if they were figuring on this person being an employee of the Town and we would have to rent space - a lease and under Article 4? Dr. Ellicott answered in the affirmative. The Chairman said that you know we have a tremendous space problem. Mr. Mabee asked about the Visiting Nurse Association. Dr. Ellicott said that they haven't explored this at all. Mr. Greeley asked if the youth would think of this as inhibiting, if they would think of them as gossipers? Dr. Ellicott said that most of them don't know they exist. Mr. Greeley said that it should not have an institu- tional appearance and not be on a main street. The Chairman asked if they had talked with the Board of Health? iTS j[7:3 Dr. Ellicott replied that when Dr. Cohan was alive, he talked to Mr. Heustis, but not directly to the Board. These individuals know what we are up to. Mr. Mabee felt that the Visiting Nurse Association would be the natural place to have it. The Chairman asked how it is handled now? Mr. Gray said that the Visiting Nurse gets it from the Board of Health. Mr. Legro said that the Mystic Valley Mental Health Association is an Article in the Warrant, under the jurisdiction of the Health Department; it has been carried on by recommendation of the Appropriation Committee. Dr. Ellicott said that he was surprised that they haven't been asked how big a problem this is. They have been advised by outside organizations to try to get a grant for two years, all at once, because once-polling we can keep going. The Chairman said that you can't do this for two years, we have an annual budget. I think the Board is very aware of the problem, the question is, how to imple- ment it. Dr. Ellicott said that, in Wakefield, they are not sure they have done some good as the problem is growing so fast. The Chairman advised them to discuss it with the Board of Health. Mr. Greeley said that he would like them to come back to the Board after a little more exploration with the Board of Health and the Visiting Nurse Association. The Chairman said that there was not much time. Dr. Ellicott said that the Board of Health said last spring that they didn't have the money. Mr. Mabee said that if the Board of Health sub- scr&bes to the idea that it does fall under their baili- wick and would add to their budget, this is the place to come. The Chairman said that if you approached people last spring and you don't get to the Board until February, you are putting yourself in a bad position to get the ground-work laid. We are about to sign the Warrant and you come in with a new program on February 3rd. Mr. Mabee said that there was no question but what this is a serious problem; I'm sorry that they didn't come in six months ago. Brookline had appropriated $15,000 for this and, according to an article I read, they are talking in terms of increasing it another $15,000. He added that perhaps the drug situation hits urban towns at different times and Brookline's problem was more acute but got started late. The Chairman advised Dr. Ellicott and Mr. Perlman to meet with the Board of Health, the Visiting Nurse Association and Chief Corr and come back to the Board. 174 ✓ Mr. Greeley said that he would rather it come on Town Meeting floor as an amendment to Article 4; this is an item for Town Meeting to discuss; I don't want to put another Article in the Warrant. Dr. Ellicott said that we can talk with members of the School Department. The Chairman said that the School Committee turned you down. Dr. Ellicott said that he was told that, for the present fiscal year, they can't sacrifice something else. We as much as told them that they got us into this. We will come back to the Board after talking with the Board of Health, and the Visiting Nurse Association. The Drug Abuse Committee retired. Mr. McSweeney said that he would like to discuss Woburn Street and Commissioner Ribbs. Mr. Greeley said that we have applied for a permit to open and install sewers on Woburn Street. The Chairman said that he had talked to Commissioner Ribbs and had told him that we couldn't give a bond; he said that he will accept a letter. Mr. Legro said that it was left that you were going to inquire with Commissioner Ribbs; I am a little sur- Woburn prised that he is willing to accept a letter. I don't Street think a letter is within your authority. The Chairman said that Commissioner Ribbs wanted something that we acknowledge the fact that we have a liability for damages. We have to accept the fact that there is a possibility and we have to acknowledge it to him. We will write to Commissioner Ribbs, stating that the Board has. voted to assume any additional costs to the State Department of Public Works for any delay in the start of the State' s project to reconstruct Woburn Street in Lexington, which is supported by documentary evidence due to the failure of the contractor employed by the Town of Lexington to complete his work on Woburn Street by May 15, 1969. Upon motion duly made and seconded, it was voted to authorize the-^Chaif+man to li ite d letter to Commissioner Ribbs regarding the application for a permit for the Woburn Street Sewer Construction Project. Waltham St. Upon motion duly made and seconded, it was voted to Sewer sign the Order of Construction of Sewer on Waltham Street. Upon motion duly made and seconded, it was voted to Street sign Street Orders for Bridge Street, Hillcrest Avenue Orders (from Circle Road to Albemarle Avenue. ), Manley Court, Stedman Road, Ewell Avenue, Grassland Street, Hillcrest Avenue, Vaille Avenue, Elena Road (entire length), Sander- son Road (turn-around at the southeasterly end) . div The Chairman informed the Board that the order to relocate the sidewalk on Cedar Street will be handled Cedar St. like a new street layout for the hearing on February 13, Sidewalk 1969. The Chairman informed the Board that a letter has been received from Rev. Harding, Council of Churches, requesting that a proclamation be issued declaring Siafran February 14-16 of Brotherhood Week as Biafran Relief Relief Weekend. Weekend Upon motion duly made and seconded, it was voted to issue a proclamation declaring February 14-16, 1969 as Biafran Relief Weekend. The Capital Expenditures Committee met with the Board. The Chairman said that we have requested that further consideration be given on the street budget; you have discussed it and come back with the same sit- uation of $135,000. You have allotted us $943,000 and the question is, although we disagree in some areas, some we could possibly postpone with less problem. Would we get support for $943,000, and let us set the priorities? Mr. Mitchell said that if you would like to shift funds, we might listen; sewers should not be cut. Capital The Chairman agreed. Expenditures Mr. Mitchell said that they would not like to set Committee the precedent to appropriate some $900,000 to bedivided as determined by the Board of Selectmen. The Chairman said that we are not that far out of proportion with the projects; we feel we can postpone some items effectively and others we have to get accomp- lished; there are priorities on $50,000. Sewers, we have to maintain; streets are a big problem. You have allotted $135,000 and in order to do three streets, we need $172,500, without Stedman Road which the School Department asked us to do; we are not including it. Sub-divisions, $20,000; Chapter 90; water mains - you have allotted $20,000 and we asked for $25,000, on the basis of Hayden Avenue. Mrs. Rawls said that you gave us the figure of $20,000. The Chairman said that, originally, it was $20,000 but to extend that water main we need $25, 000. Mr. Mitchell said that they didn't get that request; their understanding was $20,000. The Chairman said that you said that it didn't make any difference, $20,000 or $25,000. Sidewalks, we are recommending $46 400; the Planning Board recommendations would have been $75,000 and you came back with $45,000. Curbs, $5,000, we are maintaining that. Public Works Equipment, we asked $70,000; we are reluctant to add new equipment and could come up with a saving. Traffic Conto3,,: 176 $8,000, we want to maintain this for the traffic device at Winchester Drive and Lowell Street. Basically, we are not that far out of proportion. We could use money out of equipment and a little out of drains and come close. We are trying to stay in your budget. The reason we say drains is that people made requests and we though we were going to put them in, but now the people don't want it piped, they just want the brook maintained. No one area is going to suffer as far as budget is concerned. We ask $943,000 and let us give priority; we will give you the final numbers. Mr. Mitchell said, that you are asking $172,500 for streets; working roughly, $45,000; out of equipment and drain budget, $35,000. The Chairman said that we won't pull that much out. You can fight us on the overage. Mrs. Rawls asked how much overage? The Chairman said that we are going to make every effort to find that $10,000. Mr. Greeley said that he didn't think we are going to come out without $10,000 or $15,000 over. Mr. Mitchell asked if there were two streets from last year? The Chairman said there were four streets; Philip Road and three bad streets; it is not much for a street building program. It is a bad situation and we are fortunate that people haven't sued us. We need $15,000 more for Philip Road than we have appropriated. Mrs. Rawls asked how urgent Stedman Road is, and if it is to go to the Franklin School from the Junior High? Mr. Greeley said that they question whether it is feasible to delay the improvement between Brookside and the Franklin School for another year; as far as need is concerned, it could be deferred. There is a question if it would bother Town Counsel to lay out and not do it; there is no urgency. The Chairman said that we feel it could be in next year's budget. Mr. Greeley said that there are two parts of Stedman Road; one is the access road. The Chairman said that it was not in this money. Mr. Mitchell said that the School Committee never mentioned this. We discussed this the last time, and you are not pushing it. The Chairman said that we will lay it out and insert it in the Warrant and it is up to them to convince you to give them the money; we are doing everything that is legal to get it accomplished. Mr. Mitchell said that he felt it did not have pri- ority last fall, and not now. It is used by contractors and, if laid out, they can go through mud. One part must be used regularly to get to the school from Brookside into the school site itself. X74° The part to the Franklin School has no more use in eighteen months than today. Does anybody live in that section, the piece they need to go into the property? The Chairman said that there were two homes there. As far as access is concerned, they have to build off Marrett Road anyway. I don't think they should use a residential street for that type of construction. The Chairman said that we are desperate to gat these three streets constructed and are willing to make some postponements, if you will give us the flexibility of the whole capital budget. Mr. Mitchell said that you are specifically asking to "up" the budget by $10,000 or $15,000? We are talking about the flexibility in their water mains, public works equipment, and drains wherein $35,000 maybe derived and $10,000 added; we go to press around February 24th. The Chairman said that we will getthe figures to you. We know What you are trying to accomplish and we understand the problem. The Capital Expenditures Committee retired. Mr. Joel Resnick of Barberry Lane met with the Board to discuss the sentinel site in Andover. Mr. Blake of the Capital Expenditures Committee Sentinel introduced Mr. Resnick to the Board and said that Mr. Site Resnick would like to talk about anti-missile defense; he and I work in the group components system and I am sure that you are all well aware of the installation and facilities installed at Camp Curtis. This is some- thing that has concerned me for some time; we are both working in the area and we are very knowledgeable. We need to focus on the role that the Selectmen have to play at this time - do you deploy when things done have an influence on the town, does it have to be this way, is it the best way, what is the purpose of the system which is being installed and in conformity with that, does this have to be where it is? Joel is probably the foremost authority in this area and he speaks with a great deal of authority. Mr. Resnick said that he lives in Lexington and is here to discuss the safety and security of the Town. The concern is for the threat and effects that could occur and he is offering a course of action - a letter to the Secretary of Defense. He has composed a letter, which he suggests would be most effective. This letter, would point out the fact that the safety and security of Lexington and the entire Boston area are being need- lessly jeopardized by the deployment of a Sentinel ABM site within suburban Boston, and the possibility of an accidental detonation of the Spartan nuclear warhead, which would totally destroy a several mile radius populated region around the site and would damage buildings and start fires throughout the town. The local fallout could affect almost any of the major IN cities in New England, depending on the wind direction and velocity. The Chairman said that Edward Brook, Ted Kennedy and Brad Morse have well taken this position. I under- stand Mr. Brooke requested Westover Field and their answer was no. Mr. Resnick said that the decision has been made where the site shall be. Mr. Greeley asked what distance from Boston it could be and still give protection. Mr. Resnick said that 200 or 250 miles would not be an unreasonable distance. Philadelphia is 100 miles away from the nearest site, New York. Mr. Gray said that if it was at Westover Field, the people in Springfield would not like it. Mr. Resnick said that it should be in Northern New Hampshire or Maine. Mr. Laird can direct the Army to review in the Boston area and come back with recommenda- tions. Upon motion duly made and seconded, it was voted to write the Secretary of Defense, informing him that the Board has voted unanimously to urge him to immediately halt construction at the Boston Sentinel site and to review the rationale for selection of this Sentinel site. Following his review, if he decides that the U. S. should deploy the Sentinel System and that a New England site is necessary, the Board would urge that he order the Army to select a site far from populated areas. The Chairman read a letter from the ABC regarding the rules and regulations for Package Goods Stores and ABC - Motels on February 17, 1969. Feb. 17 Upon motion duly made and seconded, it was voted that Package Goods Stores shall be closed on Washington's Birthday, February 17, 1969. Motels may serve liquor during the regular specified hours. Upon motion duly made and seconded, it was voted to Popula- sign the form received from the ABC, certifying that the tion estimated population of Lexington, as of July 1, 1969, is 34,000. The Chairman informed the Board that a letter has been received from Mr. Whalon suggesting that a full Mr. time Town Counsel should assist in the prosecution of Whalon certain criminal cases in the District Court. Copies are to be sent in the Board and the letter will be discussed at a future date. Conser- Upon motion duly made and seconded, it was voted vation to grant the request of the Conservation Commission and Articles delete the Articles for the Morrow land and the Carroll land from the Warrant. 179 Upon motion duly made and seconded, it was voted to Group ' sign the Group Insurance Policy G-12, issued by the Insurance Arlington Five Cents Savings Bank. Upon motion duly made and seconded, it was voted to sign the water and sewer abatements for the following: Bridge Street, Hillcrest Avenue (from Circle Road to Albemarle Avenue), Manley Court, Stedman Road, Ewell Avenue, Grassland Street, Hillcrest Avenue, Vaille Ave- Abatements nue, Elena Road (entire length), Sanderson Road (turn- around at the southeasterly end) . Upon motion duly made and seconded, it was voted Housing to delete the Article requested by the Housing Authority Article for Village Road. Mr. Gray informed the Board that with the layout of Cedar Street as it is, we have to make a taking. There is a real problem as there is a 14' to 15' paved road- Cedar way and we have recommended to put a 40' layout with a Street sidewalk on the East side. On the right side there are twelve trees and ten on the left side; we have to have it within the layout if it is going to be on a public way. The Chairman said that we are going to handle it like a street; we have to present it to them at the hear- ing and have it legally ready to go if we are going to do it. Mr. McSweeney said that if we are going to recon- struct the sidewalk, we are throwing money away. Mr. Greeley said that we hoped we might be able to get some kind of an easement; there are a lot more trees on the East side. The Chairman said that it boils down to - do they want the sidewalk or not. Mr. Greeley said that Mr. McSweeney says they have to take the trees down; to lose the trees for the side- walk means this year instead of three years from now. The Chairman said that if we don't put the side- walk in, we don't go into Cedar Street at all. Mr. Greed said that we are going to leave the pavement alone, it might be put back and miss a lot of the trees. Mr. McSweeney said that in order to go around the trees, we have to have an easement. We could make it 50 feet and save the trees. The Chairman said that we could have the layout line constant but the sidewalk could be like Grove Street. Mr. McSweeney said that we want everybody to under- stand this. 180 The Chairman said that you have a plan, described as 40 feet; have the hearing and people will say whether they will accept a wider layout and put the sidewalk behind the trees; we can' t do it with the present layout. Mr. Gray said that the Article says 40 feet, not 50 feet. If they are in accordance with 50 feet, do it next year. The Chairman said that we have to make a decision on how the Article for the Town Office Building is going to be worded. It was our understanding when we supported the Structure of Government and the Permanent Town Building Committee that any project started would stay Office where it was started. Article Mr. Greeley asked how the Permanent Building Com- mittee felt about it. The Chairman said that he had talked with Mr. Mitchell and Mr. Brown and we are supposed to set up a meeting. I don't see it as a problem but some people feel this way. Mr. Mabee said that he would put it in the Select- men's; he thought that once the Permanent Building Committee started new projects, they are picked up by us. Mr. Greeley said to tell them that Mr. Taylor would say that he doesn't think it would make any sense to take it over. The Chairman said that the Committee feels very strongly that they should continue. It was agreed that the Selectmen would be authorized to construct the Town Office Building. Upon motion duly made and seconded, it was voted to election set the hours for the polls to be open on election day, Day March 3, 1969, as 7:00 A.M. to 8:00 P.M. The Chairman asked the Board to discuss dates for Town Meeting. He said that at the Junior High informa- tion meeting, it was requested that the meeting start at 7:30 P.M. rather than 8:00 P.M. We should discuss this Town request with the Moderator. The Board usually has a Meeting meeting at 7:00 P.M. We could set the time for 8:00 P.M. for the first meeting, and Town Meeting change to 7:30 for the following meetings; this is their prerogative. Upon motion duly made and seconded, it was voted to have the Annual Town Meeting on Monday, March 17, 1969 at 8:00 P.M. with adjourned sessions on March 19, March 24 and March 26, 1969. Article Upon motion duly made and seconded, it was voted to delete Sanderson Road from the Warrant I 181 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. After discussion concerning the finances of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:55 P.M. A true record, Attest: 8Lef-404-)4/ .� Executive Clerk, Selectme V 1 I 1. 82 SELECTMEN'S MEETING February 10, 1969 A regular meeting of the Board of Selectmen was held in the Selectman's Room, Town Office Building, on Monday evening, February 10, 1969 at 7 :30 P.M. Chairman Cataldo, Messrs. Cole and Mabee were present. Mr. Burke, Superin- tendent of Public Works, and Mrs. McCurdy were also present. Mr. Harold Stevens, representing the Lexington Liquor Mart, was present at the meeting and requested the Board to sign an application for a change of location of the Lexington Liquor Mart from 1811.0 Massachusetts Avenue to 58 Bedford Street. The store is to be constructed as an addition to the First National Stores, Inc., building and will consist of a single story, with a salesroom in the Lex. front and a storage room in the rear; and with a rear exit. Liquor The notice has been advertised in the Minute-man on Jan- Mart uary 30, 1969 and plans have been submitted with the appli- cation. No one appeared in favor or opposition. Upon motion duly made and seconded, it was voted to approve the change of location for the Lexington Liquor Mart to 58 Bedford Street and forward the application for approval of the Alcoholic Beverages Commission. 11 The Chairman said that Lyle C. Shufelt, 192 Burl- ington Street, has requested payment of $200, which was awarded in an Order of Taking dated December 5, 1966 for a sewer easement in his property for the Burlington Shufelt Street Trunk Sewer. A letter has been received from Award Town Counsel stating that the statute of limitations has run against any action that Mr. Shufelt might bring to rewover damages but, in similar situations where an award has been made, the Selectmen have approved payment of the amount of the award in consideration of a con- firmatory deed and release of damages, provided an adequate balance remained in the appropriation. Tarin Counsel further states that he would prepare the con- firmatory deed and release of damages for execution by Mr. and Mrs. Shufelt and by the mortgagee bank. Upon motion duly made and seconded, it was voted to approve payment to Mr. and Mrs. Shufelt of $200, which was awarded in an Order of Taking dated December 5, 1966 for a sewer easement in his property for the Burlington Street Trunk Sewer, subject to a release of damages from Mr. Shufelt. _ 3 The Chairman informed the Board that the Warrant is drawn with a total of 112 Articles. He requested the Board to sign the Warrant. Warrant Upon motion duly made and seconded, it was voted to sign the Warrant for the Annual Town Meeting of 1969. The Chairman said that one Article that was not inserted was the Article to change the term of Town Counsel. After Mr. Legro did some research, taking Article into consideration the Town Manager Act, the approach could be to amend the By-Law or Town Manager Act through legislation or go to referendum. He didn't know how to draft it. Mr. Cole said that it could be worded to take care of the contingency. The Chairman said that Mr. Legro could do that, but felt the Article would be broad and not really to the point on how it should be drawn and he felt that it should be left out. Mr. Mabee said he has drawn one that is broad and he wants us to forget it. The Chairman said that Mr. Legro feels much safer not inserting the Article. Upon motion duly made and seconded, it was voted to withdraw the Article to change the term of Town Counsel. Mr. Burke informed the Board that a critical situa- tion exists at the main pumping station; the high water level goes off at 72" and we have been running about 115"; there are three pumps running and we have to take care of this as fast as possible or we will be back to the situa- tion of last spring to get pumps in there to discharge this waste and possibility of pollution. He asked if it would be possible to contact Mr. Greeley and Mr. Cataldo and, on an emergency basis, go ahead with the design and get the bids in. Last summer, we spent some $2500 re- building the pumps and for other repairs and a very Pumping hazardous condition exists now. Station The Chairman said that as far as an agreement is concerned, Town Counsel has the draft of it and is wait- ing for Dick Donovan of Bedford; this is his number one priority. We should authorize Mr. Burke to proceed and ask Whitman and Howard how long it will take to design, and go on to Mr. Greeley. It is possible to go to Town Meeting under Article 2 and tell them what we are doing. Mr. Mabee asked what it meant in gallons? Mr. Burke said 2800 gallons. Bedford, according to the agreement is restricted to 800 gallons and is going close to 1,000 gallons. If there is any conflict, we will tell Bedford of our agreement and hold them to it. The Chairman said that we will make sure Mr. Greeley accepts whatever money would be expended as far as our application. 184 We should go to Town Meeting and tell them. We can do it under Article 2. Mr. Burke said that he will contact Whitman and Howard and get in touch with Mr. Greeley; it is estimated at about $25,000. 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 interests of the Town, or the reputation of a person. After discussion concerning the finances of the Town, it was voted to resume the open meeting. Dr. Ellicott and Mr. Perlman of the Drug Abuse Com- mittee and Dr. Cosgrove, Chairman of the Board of Health Drug met with the Board. Abuse Dr. Ellicott said that the Board had asked them to Committee talk with various people and they had talked with Miss Morrison of the Visiting Nurse Association and there is a room they could use. Mystic Valley Mental Health and Lexington Counseling are not opposed, as long as it does not interfere with personnel; no objection to 38 Woburn Street being used as the address. He had talked to Ralph Stevens, Rod Baltz and Chief Corr. The Chairman said that before we go into anything, we have one great problem of legally appropriating any money for the Drug Abuse Committee. It is the opinion of Mr. Legro and the Director of Accounts that we have no direct authority to do it this way. There have been some towns that have appropriated money, but under the Youth Service Division for Juvenile Delinquincy. The only interpretation is for the State agency to make a monetary grant. After listening to your approach, is it your thinking that we have a program under the head- ing of juvenile delinquincy? Dr. Ellicott said that we have no program now in this Town for juvenile delinquincy. The Chairman said that it was under the Police Chief; they are charged with that responsibility. Dr. Ellicott said that it might be difficult under a law enforcement agency; kids wouldn't go to them and say they are in trouble. The Chairman agreed and asked if they had gone into it deeply enough that they want to proceed for this year's Town Meeting? Mr. Mabee said that these people are coming here to look for guidance from the Board of Selectmen; they don't care how it is done. Last week we asked them to look at it under the Board of Health; if, as Town Counsel suggests, you look at it as a delinquincy problem, they may want to look at it as another problem. 185 Dr. Ellicott said that if anything is investigated through delinquincy, youngsters in trouble see a lot of stationery with that name on it, and they don't like it. The Chairman said that no matter where the money goes, it can be operated as the Drug Abuse Committee says. He asked if, publicly, they want it to be put to the Town this way; we have only two weeks to decide. Mr. Perlman said that he was confused as he was not familiar with the legalities. Do you think if it went in as Drug Counselor, a source of help to kids, the Town wouldn't accept that. The Chairman said that we have to go to Town Meeting. Dr. Cosgrove asked under what heading this would be put in their budget. The Chairman said that Town Counsel said that it couldn't go under the jurisdiction of the Board of Health; as a health problem, we can't appropriate the money. Mr. Cole said that there has to be a statutory pro- vision in order to appropriate money. Under juvenile delinquincy, you can, but not under drug abuse. If Mr. McKinnon says there is no provision, there isn't one. Mr. Mabee asked if Brookline had a juvenile delin- quincy program. The Chairman said that they did. He said that the Youth Service could give us a grant. Dr. Ellicott asked if the Youth Service Boards have been doing this? The Chairman said that they have been doing this, but if drug abuse is interpreted as health, no money. He asked if they wanted to proceed, putting money in the budget under this guise? Dr. Ellicott said that he will talk with Chief Corr. Mr. Perlman asked if it will be part of the budget for the Police Department. The Chairman said that it will either be the Police or the Selectmen; the only two places it can go. Dr. Cosgrove said that there was talk about the Visiting Nurse Association giving us some space; the Association does work for the Board of Health. Mr. Mabee said that if it were done, regardless of the money, they could use the room. The Chairman agreed. Mr. Mabee said that the Chairman is asking if you want to do it under this; you can run it the way you want, I don't care what you call it. Mr. Perlman said that the time between when the Article is put on the Warrant and when itcomes into being, he did not think the kids would tie this in. The Chairman said that it was not so much the kids, but the pulse of the people. He has talked with people who are looking for projects to adopt for next year but they felt that you are not far enough along for them to give this money to you. He asked if they were far enough along to give all of the answers? I 86 Mr. Perlman said that they have a person, a Social Worker, selected and she is available. The Chairman said that the Board has no objection to putting money in the budget. Mr. Mabee said that we don't want you to be mislead by the authority under which the money is coming. Dr. Ellicott said that the label doesn't bother me, it changes every year; it doesn't matter to me what, or where, it is on the budget. Some people are all against any sort of counseling and some are for it. I think we should talk to Town Counsel to understand how to present this. The Chairman said that he didn't think they should go to Town Counsel; his position is very clear - before he came up with an opinion, he asked the Director of Accounts and these are the conditions under which he will allow this bill to be paid. You have the mechanics of this and you must go to the Appropriation Committee and get a recommendation. The Chairman asked Chief Corr to give his views. Chief Corr said that his purpose here was that as a drug problem, he would say, yes. The Chairman said that Chief Corr was asked to the meeting to give his thinking on how this should operate. Chief Corr said that he understood that this is brought about by the Drug Committee. The Chairman said that he has to be involved. Chief Corr said that if the Board is putting $7100 dollars in for the Drug Committee, he didn't care. Mr. Cole said that if the money is in the Police Department, he is still going to be in a position that he has an enforcement problem. The purpose is for it to be completely divorced from the Police. Mr. Mabee said that his suggestion is that it be under the Selectmen's budget, not Chief Corr's. Mr. Cole asked if it were in the Selectmen's budget, under the term juvenile delinguincy, is the term going to be forgotten at that point? Mr. Mabee said that it would be curtailed. Mr. Cole said that Chief Corr has been operating principally to get at the fellow who supplies the drugs. Dr. Ellicott said that one of their aims is for the youngster to get enough confidence in the Social Worker and, after a few sessions, get him to say that he will let us know where it comes from. The Chairman asked what the Drug Committee's feel- ing is about policing? Dr. Ellicott said that when we were talking of it under the Board of Health, we thougl%we would use Mystic Valley and McLean Hospital. The Chairman asked about the Social Worker. I Dr. Ellicott said that she would have to report to Mystic Valley every two weeks on a regular basis and that person would be responsible. Mr. Mabee asked if Mystic Valley couldn't report to the Board of Selectmen? Dr. Ellicott said that Mystic Valley could. The Chairman asked how the Board could control it, if five or six youngsters want to see this woman, and she hasn't been seeing them? Dr. Ellicott said that Answering Service would keep track of all the calls coming in. Mr. Mabee asked about the qualifications of the Social Worker. Dr. Ellicott said that her name is Judy Goodman, 30 years old, has done post graduate work, has worked with Catholic Charities, among others, is married, and is a warm person over the phone. Two others have applied, but wanted full time jobs. The Chairman asked if they are planning on having someone in that office? Dr. Ellicott said that she would be there on Monday, Wednesday, and Friday afternoons, and there would be an answering service, which is in the Budget figure. The Chairman asked how the youngsters would know that she was there. Dr. Ellicott said that they would advertise; it could ' read, "if drug problei,call so and so." Mr. Mabee said that a lot of teachers know who they are, but don't know what to do. Dr. Ellicott said that they will try to get articles in the paper and have a box number. The Chairman said that if this goes to Town Meeting under us, we will look to your Board for help and guidance. Mr. Perlman asked if the Board would need help to get approval from the Youth Service Board? The Chairman said, no. This is only part of the interpretation for us to get money. Mr. MacKinnon said that if it is under the Youth Service Board, an appro- priation is available for local committees. Dr. Ellicott asked what happens at Town Meeting? The Chairman said that a budgetary amount will be read and we will get up and speak; we will give a position on the Town Meeting floor. He asked if the Appropriation Committee doesn't go along with this, if they still want to go to Town Meeting floor? Mr. Perlman said that he has talked to Town Meet- ing members and there is a feeling of a lot of support; it is worth a try. The Drug Abuse Committee agreed to go to the Appro- priation Committee for a meeting to dkscuss this. I ISS Mr. Bond and Mr. Gallagher of the Recreaton Committee met with the Board. Mr. Bond said that he had written a letter to the Recreation Board relative to charging a user's fee for the two new Committee facilities, if they are opened this year, the Old Res for swimming and the lighted courts at the Center. The Chairman said that we are looking for an overall approach to the concept of charging fees; the bulk of the recommendation is in two areas, the lighted courts and the reservoir; if the lighted courts don' t go through, you won't charge a fee. On the reservoir, are you closing it to other than Lexington residents? Mr. Bond said that we should make provisions for guests; first of all, we have to be told by you that you think it is a good idea and we will come back with a de- tailed plan. The Chairman said that he did not like to see it end up just charging a fee for Lexington residents. If lighted courts don't go through, charge a fee. Mr. Gallagher said that their committee is split on this. We feel that the use of the fee is good for the entire concept of Lexington and the only way for us to justify larger expenditures for facilities. The Chairman said that we are asking you to look into this in depth as an overall concept, not on two items; especially if lighted courts are defeated and you end up charging fees at the Reservoir. Mr. Mabee said that you charge fees for golf. Mr. Bond said that golf is not a good example. The Chairman said that he has no objection to charg- ing fees for any installation, but the Reservoir has been unfortunate from the beginning, and if we add to it . . . in the interest of being fair, we promised that we would look into the whole area of fees. Maybe in the final analysis, we charge for none, which wouldn't bother me. He added that the Recreation Committee will have to say who is going to collect the fees, and how; what it is going to coat to collect them. As I read this letter, you are depending on existing people to collect, people who have other responsibilities. Mr. Gallagher asked if the Board would accept the concept of users' fees, and will you support us if we say we want to install, a "pay as you go" system? The Chairman said that he did not think the Board could say whether we are going to support you or not. The Board and the Appropriation Committee try to offset expenses and we don't want to spend more money to collect the fees than we collect. You are not telling us how you are going to expedite this. Mr. Bond said that we would want your approval on a concrete plan. We are asking you how you feel about these two things. 189 The Chairman said that they should come up with a con- 11 crete plan that shows a profit; start thinking what people cost. Mr. Gallagher said that their Committee feels they should get at least the operating expenses of keeping it up; this should be covered. Mr. Mabee said that we are not trying to capture our capital expense; if we don' t get all of the operating ex- pense back, it wouldn't bother me. The Chairman asked why they want to charge for the lighted tennis courts and not all of the facilities? Mr. Gallagher said that we are trying to get you to say whether or not you agree to the users' fee. The Chairman said that we would not want you to go into a user fee program for $1,000, $2000 or $3,000 a year. Unless you come up with substantial monies for the town. . . Mr. Gallagher said that there is a difference of opinion on our Committee; some feel that there should be no users' fees, even for these facilities. The majority feel that these two areas warrant users' fees, and will introduce it to other various fields. Mr. Bond said that we are going to do a lot of policing on both of these and we might as well charge. The Chairman asked about the system for people using the facilities. Mr. Bond said that they are going to have special cards. The Chairman asked about the cost to collect these. Mr. Gallagher said that they are hoping to do it with the personnel we now have. On tennis permits, these people shouldn't be any more of a problem with membership cards; and they will be able to get access to the res for what- ever amount is stipulated. The Chairman said that the Board would like to see them go into it much deeper, and I am sure that you will get the support of the Board. Mr. Mabee said that he supported whatever concept the Committee comes up with; if you said that you don't want to charge any fees, I would support that. The Chairman said that there is no question that he would have a tendency to go that way, but we have an obligation to the Town and the Appropriation Committee to evaluate this. Mr. Mabee asked if the Little League pays? In essence, you could charge the Little Leaguers $3.00. Mr. Gallagher said that many of the towns are doing this; Mr. Bond is conducting a survey as to how many towns. The Chairman asked the Recreation Committee to come back to the Board and show justification of a good profit; if fees show only minor profit to the Town, he would rather go the easier way, no fees. 190 Mr. Gallagher said that the Committee would set up in such a manner that they would be self-supporting. The return isn't what it should be and we are going to make sure that it is. Mr. Bond said that he wished they had someone who would give them answers on what the return would be. We will start off with these two major installations. The Chairman said that the Articles have been in- serted in the Warrant; whether we support or not, it is another issue. The Recreation Committee retired. Upon motion duly made and seconded, it was voted to adjourhi at 9:55 P.M. A true record, Attest: ecutive Clerken ,,X2) I 191 111 SELECTMEN' S MEETING February 19, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Wednesday evening, February 19 , 1969 at 7 30 P M Chairman Cataldo, Messrs Cole, Mabee, Kenney and Greeley were present Mr Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, and Mrs McCu .dy, Executive/Clerk, were also present / Mr Gray informed the Board that a letter has been Retirement received from Mr Perry, regarding a request from the Board Retirement Board asking that the Board of Selectmen approve acceptance of Chapter 174 of the 1968 Acts and Resolves Lexington has not accepted the veterans sections 56-59 of Chapter 32 Legislation enacted in 1968 forces us to pay our proportion of retirement of any person who worked for a time in Lexington and may retire from another city or town, regardless of the fact as to whether or not we have accepted the veterans sections of Chapter 32; we have a financial responsibility even though we havn't accepted it The Chairman said that, generally, they would have to go to Town Meeting for acceptance but, because the bill was passed last year, we have to accept this Upon motion duly made and seconded, it was voted to accept Chapter 174 of the 1968 Acts and Resolves and to accept sections 56 to 59 of Chapter 32 of the General Laws Mr Gray said that a request has been received from Cary Hall Bache, Inc , Investment Brokers, to rent Estabrook Hall Bache for a series of four lectures The rules and regulations require a $50 00 fee, per evening, for the rental of the hall to people outside the Town The lectures are to be for Lexington residents only and the request has been made that Bache, Inc be charged the fee of $10 00 , which is the fee for Lexington residents Mr Gray said that these people want to sell a service and he recommended that $50 00 be charged Upon motion duly made and seconded, it was voted to inform Bache, Inc that the fee is $50 00, if they desire to rent Estabrook Hall Mr Gray said that a letter has been received from Tax Title Mr John Ryan, 44 Eastern Avenue requesting the purchase of tax title lots 84, 85 and 86 Grandview Avenue In 1967, we also received a request to buy these lots, and the Planning Board recommended against the sale After we received Mr Ryan 's letter, we referred the request to the Planning Board and, again, they recommended against the sale Mr Esserian was in to see me today and will SELECTMEN'S MEETING February 19, 19b9 A regular Meeting of the Boar of Selectmen was held in the Selectmen's Room, Town Offiee Building, on Wednesday evening, February 19, 1969 at 7:30 P.M. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Gr eley were present. Mr. Gray, Executive Assistant, Mr. Burse, Superintendent of Public Works, and Mrs. McCurdy, Executive Clerc,;were also present. Mr. Gray informed the Board that a letter has been received from Mr. Perry, regarding a request from the Retirement Board asking that the B and of Selectmen approve acceptance of Chapter 174 of the 1968 Acts and Resolves. Lexington has not accepted the veterans sections 56-59 of Retirement Chapter 32. Legislation enacted in 1968 forces us to pay Board our proportion of retirement of any person who worked for a time in Lexington and may retire from another city or town, regardless of the fact as to whether or not we have accepted the veterans sections of Chapter 32; we have a financial easponsibil1ty :even thougai webevn't accepted it. The Chairman said that, generally, they would have tin II go to Town Meeting for acdeptance but, because the bill was passed last year, we have to accept this. Upon motion duly made and seconded, it was voted to accept Chapter 1714. of the 1968 Acts and Resolves. Mr. Gray said that a request tas been received from Bache, Inc., Investment Brokers, to rent Estabrook Hall for a series of four lectures. Thel rules and regulations Cary Hall require a $50.00 fee, per evening, for the rental of the Bache hall to people outside the Town. The lectures are to be for Lexington residents only and the request has been made that Bache, Inc. be charged the fee of $10. 00, which is the fee for Lexington residents. Mr. Gray said that these people want to sell a service and he recommended that $50.00 be charged. Upon motion duly made and seconded, it was voted to inform Bache, Inc. that the fee is $50.00, if they desire to rent Estabrook Hall. Mr. Gray said that a letter hays been received from Mr. John Ryan, 44 Eastern Avenue requesting the purchase of tax title lots 8L4., 85 and 86 Grandview Avenue. In 1967, Tax Title we also received a request to buy these lots, and the Planning Board recommended against the sale. After we received Mr. Ryan's letter, we refelrred the request to II the Planning Board and, again, they; recommended against the sale. Mr. Esserian was in to See me today and will soon be submitting a plan to the Planning Board for a sub- division in that area. Mr. Gray recommended that he write Mr. Ryan and explain the situation to him and we will let him know if there is any change in our position, depending on the decision regarding Mr. Esserian's proposed subdivision. The Board agreed and Mr. Gray is to write to Mr. Ryan. The Chairman informed the Board that a revised plan of the Workable Program has been submitted. The Board Workable has discussed these changes and Town Counsel has looked at Program them and agreed with the changes. Upon motion duly made and seconded, it was voted to approve the Workable Program, as submitted by the Planning Board. The Chairman said that a request has been received from Mohammed Mizani of Washington for an Auctioneer's Auction- License. Mr. Mizani would like to conduct a rug auction eer's on February 28. The recommendation is to grant a license License to expire on March 3, 1969. Upon motion duly made and seconded, it was voted to sign Auctioneer's license for Mohammed Mizani, 2909 M Street N.W. , Washington, D. C. The Chairman informed the Board that a request has been received to abate a sewer bill for Mr. and Mrs. Frank Abatement Hodgdon, 70 Reed Street, in the amount of $63.49. Mr. Hodgdon has paid $200.00 and requests abatement, as his only source of income is Social Security. Upon motion duly made and seconded, it was voted to abate the sewer service connection bill rendered to Mr. and Mrs. Frank Hodgdon, 70 Reed Street, in the amount of 'aitAmestingtofothe Age o be prepared and signed at Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Certificate of Incorp- Cert. of oration for Eliahu Romanoff, 18 Wheeler Road, "Regional Incorp. Science Research Center, Inc." Upon motion duly made and seceaded, it was voted to' approve the Minutes of the Selectmen's Meetings held on Minutes January 20, January 27 and February 10, 1969. Upon motion duly made and seconded, it was voted to Bonds approve bonds in the amount of $2500.00, each, for Deputy Collectors Paul E. Kelley and Frederic Kelley, Jr. The Chairman read a letter from the Cary Memorial Library Trustees, requesting the Board to approve a new and larger dry well in the back parking lot at the library. 1 The letter states that the library will assume the costs II of supplies, in the neighborhood of $500.00, and the Public Library Works Department could dig the dry well. Dry Well Upon motion duly made and seconded, it was voted to approve the request of the Cary Memorial Library Trustees for a new and larger dry well to be dug in the back park- ing lot of the Library, subject to the stipulation that the Library assume the cost of supplies, in the neighbor- hood of $500.00. The Chairman informed the Board that the term of Philip B. Parsons as a member of the Historic Districts Commission has expired and Mr. Parsons is willing to serve for another five year term. Appoint- Upon motion duly made and seconded, it was voted to ment appoint Philip B. Parsons a member of the Historic Districts Commission for a five year term expiring January 1, 1974. The Chairman read a letter of resignation from Bernard J. Belcastro, Director of Veterans' Services, Veterans' Agent and Registrar of Graves. Upon motion duly made and seconded, it was voted to Resigna- accept the resignation of Bernard 2BAlcastro as Director tion of Veterans' Services, Veterans' Agent and Registrpr -Oft Graves, effective March 7, 1969. Mr. Kenney said that Mrs. Frick of the Conservation Commission has spoken to Mr. Gray regarding the option on the Modoono land. Mr. Kenney said that he hadn't realized Modoono that there was some problem with the access. Option The Chairman said that the request for the drawing of options is two months old. Town Counsel asked us who was going to make the formal request. There is a problem of the legal right of way. Town Counsel has been drawing up the Warrant and his top priority item is to draw up the agreement with Bedford on the sewer; he is trying to get the application acted upon as we are having trouble with the pumping station. Town Counsel will get the right of way squared away. Mrs. Frick said that it is being held up because the right of way is not clear. The Chairman said that Town Counsel is trying to get the right language inserted. Mrs. Frick said that it was delivered December 13, and we want to be sure that you know that this option is needed. Can you give us a date when we could have it? The Chairman replied in the negative. Mrs. Frick asked if Town Counsel could be informed to get in touch with the Conservation Commission? 194 The Chairman replied that Town Counsel has been in constant touch with Mr. Smith and I am sure that he will call him on this. Our top priority for his time, other than his Court load, is Bedford. Hearing was declared open upon application of the Lexington Veterans of Foreign Wars for a Club Liquor License. Mr. Jerome Garrity, representing the VFW, said that his organization is requesting the hours of 1:00 P.M. to 12 Midnight, Monday through Saturday and 1:00 P.M. to 11:00 P.M. on Sunday. Basically, that is our only pro- posal. The Chairman said that you have notified all of the abutters according to law and have submitted a layout of where the bars are going to be. He asked if there will be a full time bartender on duty? Mr. Garrity said that two members will be assigned VFW and one of them will be on duty. We have, roughly, 200 Hearing members and hope to increase our membership 25 per cent by conducting a membership drive. The Chairman asked what the capacity of the parking lot is? Mr. Garrity said that, with no snow, about 30 care. The Chairman asked for the capacity of the club. Mr. Garrity replied, about 70 people per floor. The Chairman asked if they were going to serve liquor in the main hall and the area on the lower floor. Mr. Garrity answered in the affirmative. The Chairman asked if anyone had questions to ask Mr. Garrity? Mr. Levis, 18 Hayes Lane, asked if anybody besides Mr. Lichtenberg had received a notice of the hearing? The Chairman explained that the statute requires only the abutters to be notified; they notified the abutters and the statute has been fulfilled. The Chairman asked if anyone would like to be re- corded in favor of the application? Those in favor are as follows: Jerome Garrity, Edward H. Fitzgerald, Jr. , Wallaoe Ormiston, James Acre, David F. Dieter. The Chairman asked if anyone would like to be re- corded in opposition? Those in opposition are as follows: Marilyn Briggs, 9 Hayes Lane; Mary and John Levis, 18 Hayes Lane; Vendel Lichtenberg, 6 Hayes Lane; Henry Chin Park, 7 Hayes Lane; Alma and Purney Acker, 27 Hayes Lane; Elizabeth and George McCormack, 32 Hayes Lane; Joanne and Kenneth LeBlanc, 12 Hayes Lane. Mr. Levis said that he would like to give a little background on this situation. In 1960 and 1961, the VFW went before the Board of Appeals to enlarge their proper- ty; there was a great amount of thought given to the fact that the parking lot was small. : 96 ` We, as abutters, complained that we had trouble getting in our street. The vote was 61 for and 138 against the VFW. A group went to the Chief of Police and complained that they were selling liquor; Section 61 describes a club selling liquor without a license as a common nuisance. There was nothing done about it. The building is about 50 feet from Mr. Lichtenberg's property. They not only use the building themselves, but a dancing school is con- ducted there. The parking lot is very small now and, if there is a 20 per cent increase in membership, what will happen? Practically :tall of the cars park in front of the building. I feel, and a great many others do, that a liquor license in an R-1 district is not going to add to the value of our property. No Selectman would want a Club License in their neighborhood. The property is not kept up. Four or five years ago, the building was painted and the blinds are still piled on top of the roof. They built a small structure and it is still unpainted and in plain view. They did part of the street and there are holes so big that a car could be put out of balance. If they get a club liquor license, it means that liquor would be available for members and guests. I am not against liquor but I am against it in our neighborhood. A great many clubs issue guest cards. The Chairman said that this will not happen. Let me assure you that, regardless, of what has happened in the past, a license would be granted with rules and regulations to be adhered to. It will be policed and if there are any violations, the law will be enforced; we have proven this with the motels. If there is a violation, we won't think twice to suspend the license. Mr. Levis said that he knows that the Elks and Knights of Columbus have a license, but they are not at the be- ginning of an R-1 district and have plenty of parking spaces; they are entirely different. Mr. Greeley asked if he had indicated that the Board of Appeals had imposed some requirement as far as park- ing is concerned? Mr. Levis said that he had not. The VFW had said they were trying to get permission from whoever owned the property; they said this at the first meeting on November 29, 1960 and again in April in 1961; it was approximately four months later and they hadn't gotten it. They were not allowed to enlarge the building be- cause of insufficient parking. Mrs. Levis said that this organization has to be under surveillance six days a week and on Sundays; What about all those young boys in the street. Do we have to be forever calling the Police. The Chairman said that the zoning law says that a Club is permitted in an R-i zone. We can take into con- sideration the location of the Blub. i9 l ; 1 e e < t , Mrs. Levis said that they are all opposed; we all have nice homes and yards; this is the only bad place on the street. I strongly urge the Board to vote against this. Mrs. McCormack said that at 2 o'clock in the morn- ing we heard the honking of a horn and the car had its headlights on. We called the Police and the man said that he had gone up the wrong end of the street and got stuck in the snow. He couldn't even get out of the car. Mr. Garrity said, that man was not a member of our organization, he pulled into that yard. The Chairman said that you rent facilities to a dancing school. Mr. Garrity said that -there were never more than six pupils there at one time. The hours are 1:00 P.M. to 6:00 P.M., upstairs. The Club will serve downstairs. The Chairman said, what you are asking is not to serve liquor upstairs, but will serve downstairs when dancing school is going on. He asked if they would rent the facility out to anyone else. Mr. Garrity replied in the negative. The Chairman said, liquor for your own functions and served by your own people. Mr. Garrity said that when liquor is served, one of us, as bartender, will be there. The Chairman said that the VFW has been in to see the Board and the Planning Board as they would like to move. They can meet with the Planning Board and find a location. Mr. Chin Park said that he has youngsters from 3 to 7 years old. He is all for the Veterans and not against drinking but, at nighttime, people are loaded and when t. they come out, they speak strong language. Now, there will be the problem of having more hours and more drink- ing. He hopes the Planning Board does something; they shouldn't let the problem slide to an impossible situation. . Mrs. Briggs said that she is the mother of five children. With the increased traffic, she would have to walk with the children; they are not permitted to go down the street now. Today her 14 year old boy was told by his friend that he had heard that there was going to be a barroom down the street. The Chairman said that none of us want that situation. Mrs. Briggs said that she never thought the hours would be from 1:00 in the afternoon. Mr. Lichtenberg said that he lives next door to them. He has seen so much since they have been there. My boy told them that they have a bad door and to fix it; the reason it is bad is, they put somebody through it; they never fixed it, they just sealed the door. I went to the Police Station and they did nothing. You can hear them at the end of the street and I don't think it is right to give them a license. They leave lights on the back door for 72 hours. (They go in the back door if they don't want people to recognize them. ) 197 Mr. Kenneth LeBlanc said that he has lived there for three years. Everybody on the street knows that his son is hard of hearing. If a liquor license is granted, traffic is going to increase and there will be a safety faetxr for the children. The Chairman declared the hearing closed. He informed the VFW that they will be notified of the Board' s decision. Mr. Frederick Conroy, representing Dr. Martin Bellinger, told the Board that he would like to discuss a sewer bill received from the Department of Public Works. He said Dr. that, a short while ago, Dr. Bellinger was having trouble Bellinger with sewerage at his home and asked the Town to correct the problem. They found a tree on Town property with roam- ing roots going into the main sewer. They dug up the street and dug up part of his property. When the work was com- ted, was given a ill of bill came toe$670.heDr. Bellinger bthought$that the part 490; the lapportioned to him was excessive as the work was done on Town property because of a tree on Town property. We had previously written to the Town and the Selectmen, requesting a meet- ing to discuss this, but received a letter which said that there was no other way but for Dr. Bellinger to pay the bill. Dr. Bellinger had taken photographs where they had dug up and would like the Board to see them. The Chairman said that 53 1/2 feet of pipe were used, 15 feet in the street and 38 1/2 feet in the Bellinger property. We are responsible for 25 feet. Mr. Burke said that the total cost was $670 and the street construction allowance was $189.75. Mr. Conroy said that the records don't show how much time was spent in the street and how much in the house. The Chairman said that we can assume there was no ledge. Basically, digging the trench was the big problem. Mr. Conroy said that the trouble was caused by the tree on Town property. The Chairman asked Mr. Burke why we replaced the whole service and if Dr. Bellinger had requested it? Mr. Burke said that Dr. Bellinger did, and gave a $200 deposit. The service goes back to 1950; the Town bad worked on it for previous owners. Dr. Bellinger came into the meeting and showed photo- graphs taken when the work was being done.. He said that the roots of an elm tree on Town property had a great deal to do with the obstruction of our sewer. Mr. Cole said that we don't have all the basic ingre- dients on this, and asked what an equitable arrangement would be. Dr. Bellinger said that he had given an initial de- posit, by check, of $200; of the total bill of $670.31, the Town deducted $189.75 for street construction work and there is a balance of $280.56. It was easy digging, asphalt at the street level; it includes electrical and gas conduit, plus the sewer. 98 The Chairman asked what Dr. Bellinger felt the amount should be? Dr. Bellinger said that he was just trying to be reasonable about it. Mr. Conroy suggeste0,-50750. Mr. Greeley said that we do have an established precedent, so much on Town property and so much on private property. Mr. Mabee said that it was unfortunate forLDr. Bel- linger that it was only 15 feet on Town property in the street and 38 1 2 feet on hisproperty. / The Chairman asked Dr. Bellinger what he felt would be an acceptable figure, would $]40 be agreeable? Dr. Bellinger said that he would go along with that. The Chairman said that the Board will discuss your proposal and let you know. Dr. Bellinger and Mr. Conroy retired. Upon motion duly made and seconded, it was voted to Abatement sign the abatement forms for incorrect billing of water rates for Frank Kramer, $3.50; E. Outhet, $1404,44; Gold Ribbon Farms, $8.75. 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 public security, the financial Session interest of the Town, or the reputation of a person. After discussion concerning the financial interests of the Town and an interview for the position of Assistant Building Inspector, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 12:20 A.M. A true record, Attest: nn Executive Clerk, Selec en C) çk ) vii") .�u V {; 1 199 SELECTMEN'S MEETING February 25, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Tuesday even- ing, February 25, 1969 at 7 30 P.M Chairman Cataldo, Messrs Cole, Mabee, Kenney and Greeley were preseht. Mr Legro, Town Counsel , Mr McSweeney, Town Engineer, and Mrs McCurdy, Execu- tive Clerk, were also present, also Mr. Gray. The meeting opened at 7 30 P.M and it was agreed to go into Executive Session. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliber- Executive sting or voting on matters which, if made public, might affect Session the public security, the financial interest, or the reputation of any person After discussion of matters of financial interest to the Town, it was voted to resume the open meeting Mr Legro requested the Board to sign an Order of Taking for ewer and drain easements on Fessendon Way to Woburn Street and make the awards of damages Fessenden Way Upon motion duly made and seconded, it was voted to sign Sewer A Drain the Order of Taking for sewer and drain easements on Fessenden Easements Way to Woburn Street; with an award of no damages to Donald E and Ann F Sicco, 364 Woburn Street; an award of $50.00 to Daniel A. Rosmarin, 5 Fessenden Way; an award of no damages to Weymint Realty Trust Mr Legro requested the Board to sign an Order of Taking for sewer easements on Lowell Street to Marshall Road and make the award of damages Upon motion duly made and seconded, it was voted to sign Marshall Road the Order of Taking for sewer easements on Lowell Street to Sewer Marshall Road; with an award of no damages to John W Porter, Easements 465 Lowell Street; an award of damages in the amount of $150 to Norman Wilson, 469 Lowell Street; an award of no damages on the land formerly owned by John F Harkins, now owned by Wilfred and Cornelis Husgen since November, 1968; award of no damages to Mr Wasserman, 5 Rogers Road; award of no damages to Howard and Marilyn Cravis, 6 Rogers Road; award of no damages to Milton L and Shirley A Kay, 3 Rogers Road; award of no damages to the Humble Oil Company; award of no damages to Weymint Realty Trust. Mr Gray requested the Board to sign a statement in111 lieu of insurance contracts in connection with employees' life and health insurance program, for the Arlington Five Insurance Cents Savings Bank for a period from January 1 , 1969 to January, 1974 Upon motion duly made and seconded, it was voted to sign the statement in lieu of insurance contracts for the Arlington Five Cents Savings Bank for a petiod from Janu- ary 1, 1969 to January, 1974, Mr Gray said that a letter has been received from the Superintendent of Public Works regarding a request Bellinger from Dr Bellinger for an abatement charge of $280 56 for Sewer sewer service work done on his property. After discussion, it was agreed that Dr Bellinger should have received credit for an additional eleven feet of work done within the street right-of-way, at a cost of $12.65 per foot Upon motion duly made and seconded, it was voted to adjust the bill to Dr. Bellinger in, the, amount of $139 15, leaving a balance of $141.41 to be paid. Mr Gray requested the Board to sign the Notice of Intent to lay out Worthen Road at the Bowman School. Mr. Legro said that Worthen Road is being laid out 108' beyond the end which is in the subdivision, 108' beyond the portion completed in the subdivision and goes nowhere at the other end. There is some question whether Worthen you are laying out a road bond for completion by April Road 1969 that goes nowhere on either end, Mr Greeley said you have the right to improve the part that hasn't been improved and the bond to cover the cost Mr Legro said, if the bond does cover the cost Upon motion duly made and seconded, it was voted to sign the Notice of Intent to lay out Worthen Road at the Bowman School The Chairman said that the County would ordinarily hold the hearing; we are holding the hearing on March 10th The appointment for Assistant Building Inspector was discussed Mr Mabee said that he had checked around and the Assistant recommendations were pretty good; Mr Kelley had worked Building out of pool around Waltham. Inspector Upon motion duly made and seconded, it was voted to appoint Thomas W Kelley as Assistant Building Inspector at an annual salary of $9,445, effective March 31, 1969; as of May 1, 1969, his duties shall be that of Gas In- spector, with no increase in salary 201 Mr. Kenney asked if the Board would discuss John Byrne's appointment as Plumbing Inspector. Mr. Cole moved that John Byrne be appointed as Plumbing Plumbing Inspector. Inspector Mr Gray said that he would have to be re-appointed on April 1st. Mr Cole withdrew his motion The Chairman read a letter from the office of the Commis- sioner of Veterans' Services, recommending that Greta Glennon be appointed Veterans' Agent of Lexington, Mr Gray said that he had checked with Concord and the Town Manager is the Director and the Clerk is the Agent; this Veterans' is the solution to the problem until Town meeting is over Agent Mr Greeley asked if she has to be a veteran? Mr Gray replied, no; but I am. Upon motion duly made and seconded, it was voted to appoint Mrs. Greta Glennon as Acting Veterans'_Agent at a salary of $200 a month, effective March 1, 1969. Upon motion duly made and seconded, it was voted to appoint Albert Gray, Jr as Acting Director of Veterans' Services The Chairman read a letter from A. John Esserian re- "' questing the purchase of tax title lots 97, 98, 99 and 100 Grandview Avenue for $1 ,000 for the purpose of enlarging the abutting land area now owned by him. Mr Esserian had sub- Esserian mitted a plan of the area with his letter Request Mr. Gray said that Mr. Esserian had discussed this with Mr Zaleski and would recommend that this letter be referred to the Planning Board It was agreed to refer Mr Esserian's request to the Planning Board for its recommendation for his request to purchase tax title lots 97, 98, 99 and 100 Grandview Avenue, The Chairman read a letter from the Massachusetts Selectmen's Association regarding a statewide town meeting State Tax on the tax crisis, to be held at Stoughton High School on Meeting Saturday, March 15, 1969 It was agreed to answer the letter that either Mr Cole or Mr Kenney would attend the meeting. the Chairman read a letter from Kelly Services, re- questing permission for a recruiting trailer to visit Lexington Permit Mr Gray said that this is a profit making organize- Request tion, selling a service We should answer that no public areas are available and, if they can get private property, fine 262 1. Upon motion duly made and seconded, it was voted to write to Kelly Services that no public areas are available. The Chairman read a letter from the Mayor of Newton M & B regarding a meeting to be held on the Middlesex and Boston Meeting Street Railway Company. Mr Cole said that the meeting has been postponed; he will follow up on this. Upon motion duly made and seconded, it was voted to Minutes approve the minutes of the Selectmen's Meeting held on February 3, 1969. The Chairman read a letter from Mrs. Scouler, request- ing permission for a used book fair to benefit the Fellow- ship Program of Bedford-Lexington American Association of University Women, to be held at the Visitors' Center on Permit May 3, 1969 Upon motion duly made and seconded, it was voted to grant permission to the Bedford-Lexington American Associa- tion of University Women for the use of the grounds in front of the Visitors' Center on May 3, 1969, subject to the regulations of the Park Superintendent and the Chief of Police. Upon motion duly made and seconded, it was voted to I.D. Card authorize the Chairman to sign a Liquor Identification Card for Mary C McDonough, 61 Dexter Road. Upon motion duly made and seconded, it was voted to Abatement sign the abatement form for sewer house connection bill to Mr and Mrs Frank M Hodgton, 70 Reed Street. The Chairman asked Mr Legro about the Bedford sewer. Mr Legro reported that he had talked with Mr. Donovan of Bedford and we went over some things; we will Bedford meet again this week Sewer The Chairman said that Mr Burke has heard from Mr Greeley; we have to go through the motions before we spend any money; if we spend any of the money before the application, we lose federal aid Mr Legro said that this project isn't even out on contract The Chairman said that we could have it ready to go in six weeks. Mr Legro said that there will be some questions on some of the phases of this contract The Chairman discussed the application of the VFW V F.W for a Club Liquor License. He asked Mr. Legro if we are Club obligated to grant them a license? g License Mr. Legro replied, no; this is a discretionary matter Application The Chairman asked how much time do we have to act on this? Mr Greeley thought that it should be denied until 203 I they get more adequate quarters or mere adequate parking space. Mr Kenney said that if he were to vote to deny it would be because they have not exhibited a more neighborly attitude; it seems they have a bad history The Chairman said that he would hate to have the Board deny the VFW but give one to somebody else. Be would like to have them in before the Board We can't give them what they are asking for when they have a dancing school there; if they would withdraw this application. Mr Mabee said that we should deny and not give them too many "outs" Mr Legro said that they applied on February 4; you have thirty days The Chairman said that he would talk with Mr. Garrity; he might come in and withdraw the application; we can aet on it next Monday Mr Greeley gave a report of the LCSR Committee He said that at the last meeting, there were three issues; a rehash of the proposed zoning change and Mr Weinstein and others are coming in with opinions that the rider on the school contract is the legal opinion of Town Counsel. They are going to cry about this and we do not know what action we should take. The Chairman said to make it clear about the recommend- ation to the Permanent Building Committee and they voted to take it out Mr Legro said that no opinion of Town Counsel was LCSR given; nobody talked to me. Mr. Greeley said that he would be willing to have Mr. Legro express how he feels Mr Legro said that he was not going to; if they want to hue and cry, let them go to the legislature; there is no legal question involved but one of practicality which the Committee must decide - are they going to build a school or solve a racial ,problem? Mr Greeley said that the Committee asked regard- ing the taking on of apprentices, because it called for "x" monies Mr Legro said that the question was raised and he didn't give an opinion. Mr Greeley said that you have said that in the form you raise the question The other item on Thursday is a report on METCO, on the local relations within our schools; he didn't know what the evidence is but they want a report on the situation A local METCO man will be there and he hoped there would be somebody from the Administration 204 Upon motion duly wade and seconded, it was voted to 1 adjourn at 9 05 P.M. A true record, Attest glge—se-ft-r-y -)-1? Executive Clerk, Selectme • �y/ 2 ()�6r�� SELECTMEN'S MEETING March 3, 1969 E A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 3, 1969. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Greeley were present. Mr. Gray, Executive Assistant, Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Gray said that the Board is getting requests for permits for April 19 and he requested permission to approve or deny the applications; if there are any requests for the use of Town property, April 19, he will consult the Board. 1969 It was agreed that Mr. Gray is to handle all permits for April 19, 1969. At the request of the Town Clerk, two jurors were drawn as follows: Jurors William E. Warren 52 Farmcrest Avenue Aaron A. Galvin 15 Barberry Road II/ The Chairman read a letter from the Building Inspector,, re- questing the appointment of C. Waldo McWilliams as Special Inspector Special for the building at 24-26 Mussey Street. Building Upon motion duly made and seconded, it was voted to appoint Inspector C. Waldo McWilliams as Special Inspector for the building at 24-26 Muxxey Street. Upon motion duly made and seconded, it was voted to authorise the Chairman to sign the Certificate of Incorporation for the following: Priscilla Pennock 7 Hill Street Certificate "North Side Senior Centers, Inc." of Incorp. Stanley G. Phillips, Jr. 15 Vaille Avenue "Metropolitan Ministries, Inc." Upon motion duly made and seconded, it was voted to sign the house sewer connection abatement form for Martin Bellinger, M.D., Abatement 7 Patriots Drive, in the amount of $139.15. The Chairman read a letter from the Veterans of Foreign Wars, requesting withdrawal of their application for a Club Liquor License. VFW Club Upon motion duly made and seconded, it was voted to accept the Liquor request to withdraw the application of the Veterans of Foreign Wars Withdrawal for a Club Liquor License. 22trh Mr. Gray informed the Board that $95,000 has been spent out of Snow the General Snow Removal fund and approximately $ 5,b00-from he Removal overtime account. These amounts do not include this week. It costs $5,000 a day for snow removal. We like to go into the Fall with approximately $20,000. We will meet with the Appropriation Committee to amend these two accounts. The Chairman informed the Board that Phillip B. Parsons was reappointed by them to serve on the Historic Districts 'Commission. Historic A letter has been received from Mr, Parsons stating that he has Districts been a member of the Commission since its inception and he feels that he has served long enough. The Chairman said that he would like to talk with Mr. Parsons and try to convince him to continue to serve. It was agreed that the Chairman is to talk with Mr, Parions. Mr. Greeley informed the Board that the Lexington Commission Lex. Reap. on Suburban Responsibility would like to meet with the Board on Comm. next Monday evening. It was agreed that the Responsibility Commission is to meet with the Board on April 7, 1969. The Chairman said that there are three groups coming in next week Grassland Street, Cedar Street and Nickerson Road, and a hearing on Worthen Road. Mr. Cole said that the people on Cedar Street want to leave the street alone and make it one way; •I don't know if there is unanimity on this. Mr. Gray said that the Board will discuss this next Monday Cedar St. evening, The Chairman said to make sure the people understand that this is not another hearing; he also wants something official from the people of Cedar Street. We must have an answer next week as to whether we can lay it out. Mr, Greeley said, what are we telling them - that they can pocket veto it next Monday night? If you tell Mr. Graf, the spokes- man, that he must have an answer on Monday night. and he says no, we will have to postpone. The Chairman said to have Mr. Graf in so that we can get it on the record. - Mr. Gray said that he will call him and ask him to come in on Monday, March 10, 1969. Chief Corr met with the Board. He said that the Board is Police aware of the fact that six vacancies exist in the Police Department, Department We have a Civil Service list and have made a background investiga- tion of the thirty-five men on the list. We have found five that are suitable for our Police Department. We have one problem - thinking in terms of six vacancies and going on past performance, we only asked for four names and I hope that Representative Cole L 207 will take an amended requisition sheet to Civil Service. Of the five names, Edward D. Snelson is the only one from Lexington; the people in the Public Works Department think very highly of him and hate to lose him. The other four are Walter A. Reczek, Jr., Philip S. Taylor, Jr. ; Robert L. Cianci ,; Thomas L. Fillios. Chief Corr recommended that these five men be appointed as Patrol- men. Upon motion duly made and seconded, it was voted to amend the request-to Civil Service from four to five Patrolmen. Upon motion duly made and seconded, it was voted to appoint the following Patrolmen to the Lexington Police Department, effec- tive March 17, 1969, subject to the approval of Civil Service. Phillip S. Taylor, Jr. 36 Slade Street Belmont Edward D Snelson 582 Massachusetts Ave. Lexington Walter A. Reczek, Jr. 26 Elmwood Avenue Winthrop Robert L. Clone; 39 Blaine Street Malden Thomas L Fillios 82 Fairview Avenue Belmont Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussion, deliberating or voting on matters which, if made public, might adversely affect Executive the public security, the financial interest of the Town of the Session reputation of any person. After discussion of matters of financial interest to the Town, it was voted to resume the open meeting Mr. McSweeney informed the Board that bids were opened on February 28, 1969 on the Spring Street trunk sewer, running from Old Shade Street under Route 2 to the Waltham line, then left and right from Barberry Road to Spring Street. The low bidder was P Gioioso and Sons, 38 Robinson Street, Dorchester, at $112,121 with a corrected bid of $113,300; Deane and Brown, Inc., Hill- crest Drive, Westboro, $127,750; Crognale Construction Corporation 121 Will Drive, Canton, $193,590; P 8 S Construction Corp., 40 Spring St. Pacella Drive, Dedham, $243,432.50. Mr. McSweeney recommended Trunk Sewer that the bids be rejected, as they were not sufficiently competi- and Pumping tive. Station After discussion, it was agreed to reject the bids and the Town Engineer was instructed to re-advertise. Upon motion duly made and seconded, it was voted to reject the bids for the Spring Street Trunk sewer and the pumping station. Upon motion duly made and seconded, it was voted to request the Town Engineer to re-advertise and divide the bids for the trunk sewer and the pumping station, and a bid for a combination of both. Mr. Cole told the Board that he was sorry that tonight is Mt •Cele his last meeting and it had been a pleasure serving with them. 1 144 The Board unanimously wished him well and thanked him for his many efforts and accomplishments while serving as a member and Chairman, of the Board. The Chairman said that he hoped Mr. Cole would serve as the designee of the Chairman on the MBIA Advisory Board Mr Cole said that he would be willing to serve in that capacity The Chairman said that the appointment will be made on next Monday evening Mr Gray said that a legal hearing must be scheduled with the School Committee, Cemetery Commision and the Appropriation Committee Upon motion duly made and seconded, it was voted to ad- journ at 8 35 P.M A true record, Attest xecE utive Clerk, Select 111 r r 209 SELECTMEN'S MEETING March 10, 1969 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday, March 10, 1969, at 7 30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were pres- ent Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Exe- cutive Clerk, were also present. The meeting was called to order by the Clerk, who declared that nominations were in order for the position of Chairman of the Board Mr. Robert Cataldo was nominated and the nomination seconded. Organization There were no other nominations. Upon motion duly made and seconded, nominations were closed. Upon motion duly made and seconded, it was unanimously voted to elect Robert Cataldo as Chairman of the Board for the ensuing year. Hearing was declared open upon petition of the New England Tele- phone Company for permission to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Bedford Street Notices of the hearing were mailed to the petitioners, owners of III the property as listed on the petitioner's plans and also filed with the Town Engineer Mr Dunn, representing the Telephone Company, was present and explained that there would be approximately 5600 feet of underground conduit and new manholes. This would serve the local development and industrial growth on Hartwell Avenue. The excavation would be 4" to 41/2" deep, a 24" minimum in the street and a 30" cover on the sidewalk. The road will be resurfaced with macadam, if gravelled, would be re. placed with gravel and if grassed, will be replaced with 6" of loam Bedford St. and seed Underground The Chairman said that a list of conditions have been imposed Conduit by the Town Engineering Department Mr Dunn looked at the list and said that these conditions would be fulfilled. The Chairman asked if there were any questions? Mr John Sampson, 8 Bedford Street, asked on which side the con- duit would be laid? Mr. Dunn replied that it would be on the southerly, the even numbers, side and would be laid under the sidewalk. Mr Alan Adams asked where it would start? Mr. Dunn replied that, because of the 19th of April parade, the Selectmen would not want the project going on at this end of Bedford Street, so they would like to start at the other end, at North Hancock and Valley Streets, around April first The project will take six weeks to two months to complete The Chairman said ,therequest to start at the other end of Bedford Street will be taken up at the time of the application for a permit Mr Sampson asked if there would be damage to trees? Mr Dunn replied that it is usually hand dug and they are very careful not to damage the trees. We will have one of our inspectors on the job at all times No one appearing in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the following public way or ways; subject to the conditions stipulated by the Town Engineer. Bedford Street Southwesterly, then westerly from MH 54/124, at Harrington Road, approximately 5634 feet of underground con- duit, also, eight (8) manholes 254/1 to 254/8 inclusive Bedford Street From new manhole 54/158 northwesterly, approxi- mately 60 feet of underground conduit From new manhole 54/158, westerly approximately 80 feet of underground conduit. Bedford Street From manhole 54/155, northwesterly, approxi- mately 5 feet of underground conduit. Bedford Street From manhole 54/52, northwesterly, approxi- mately 8 feet of underground conduit. The Conditions set forth for the proposed permit by the Town Engineer are as follows 1. Police - one or two at all times. 2 Working hours - 8 00 A.M. to 4 30 P.M. (If traffic delays are encountered, the time may be altered.) 3 No debris, dirt, pipe, ledge, etc. , to be stored on the street or sidewalk after 4 30 P.M , unless permission granted by the Town. 4 Bituminous concrete must be used for temporary patching 5 When dirt sidewalk is encountered, the sidewalk shall be re- placed with the existing material; the last 2" to be gray stone dust, rough graded and compacted. 6 Telephone Company inspector must be in attendance at all times. 7 Residents must be able to use their driveways at night. Busi- ness usiness establishments must have access to their businesses at all times. 8 At no time will there be more than 250 feet of trench open. If this proposal is to be altered, the Town must grant permission. At the request of the Town Clerk, one juror was drawn, Edward Juror L Lawson, 42 Arcola Street, Lexington Mr Legro informed the Board that it is customary for Town Warrant Counsel, Town Moderator and the Selectmen to review the Warrant be- fore Town Meeting 211 It was agreed to meet in the Selectmen's Room on Saturday morn. ing at 8 30 A.M. Mr Legro requested the Board to sign a release, in the amount of $74 04, against the operator of a motor vehicle for damage to a parking meter on Waltham Street Release Upon motion duly made and seconded, it was voted to sign a re.. lease against the operator of a motor vehicle for damage to a parking meter on Waltham Street in the amount of $74.04 Mr Gray read a letter from the C & W Transportation Company of North Reading commending Mr. Burke for his help and cooperation regard- Public ing the school busses traveling around Lexington during the recent snow storms. Mr. Gray informed the Board that a request from Mr. Esssrian to buy tax title lots 97 through 100 Grandview Avenue had been referred Tax Title to the Planning Board for their recommendation A letter has been re- Lots 97-100 ceived from Mr Zaleski, which stated that, on two previous occasions, Grandview Mr Ryan of 44 Eastern Avenue has attempted to buy tax title lots 97 Avenue through 100 Grandview Avenue. These lots are not directly adjacent to his land, but are off to one side with only 28 feet of lot 100 abutting the lot of #44 Eastern Avenue The sale of these tax title lots for addition to Carmel Circle lots would result in a better pattern of land utilization as follows 1 Permit the discontinuance of a portion of Grandview Avenue which is a "paper" street. 2 Permit better lots and better placement of houses in a topograph- ically difficult area, while not increasing the number of possible houses. 3 Permit, perhaps, a second access from Estabrook Road to a Carmel Circle lot which would otherwise require a very steep driveway. Mr. Zaleski further states in the letter that he Ise considered the possibility of selling only portions of lots 100 and 99 to Mr. Ryan and the rest to Mr. Esserian, but such compromise would greatly reduce the usefulness of the remaining land to either applicant. Mr. Gray was instructed to contact Mr Easerian and come up with an idea of what would work. Mr. Gray informed the Board that he had sent a memo to all de- partments, informing them that out of State travel will be put into one account and all requests for travel funds must be submitted to him one month in advance of the date of departure and include the location of Out-of-State the trip, the type of transportation to be used and the length of the Travel trip Mr. Gray said that he had sent a memo regarding purchasing pro- cedures for 1969 and asked that a list of requirements for departments be submitted by March 28; if special equipment is needed, a copy of specifications be included. 2i Upon motion duly made and seconded, it was voted to sign the Commissions for Special Police Officers, as requested by Chief Corr. SPECIAL POLICE OFFICERS 1969 - 1970 ACRESON; Eugene A. 2634 Massachusetts Avenue Resident ADAMS Adam A 23 Charles Street Resident ADAMS, Alan G. 15 Somerset Road Resident ADAMS, Bertram H. Jr 127 Wyoming Avenue, Malden MIT Lincoln Lab ANDERSON, Carl 41 Ledgelawn Avenue Civil Defense BAKER, Ramon C. 14 Stratham Road Resident BALLOU, Sidney R. 38 Highland Avenue Resident BARNES, John E 26 Kenmore Road, Malden MIT Lincoln Lab BARNES, Raymond E. 59 Gleason Road Resident BARRETT, Elliott J 92 Middle Street Resident BARRY, George C. 36 Forest Street Resident BARRY, John M 34 Forest Street Resident BELCASTRO, Francis 174 Wood Street Firefighter BELCASTRO, Frank 332 Concord Avenue Dog Officer BENTLEY, Thomas F 264 South Road, Bedford Custodian BERNIER, Arthur T 54 Baskin Road Resident BEVINGTON, Alfred 130 Marrett Road Firefighter Special BLODGETT, John 15 Hilltop Avenue School Department Police BLUTEAU, Joseph 21A Flint St , Somerville School Department BURKE, Joseph F 10 Totman Drive, Woburn Supt. Public Works BURRELL, Arthur E. 2 Thoreau Road Civil Defense BUSSEY, Francis 216 Concord Avenue Firefighter CASEY, William P. 1063 Massachusetts Avenue School Department CATALDO, James 43 Rindge Avenue Firefighter CATALDO, Robert 14 Aerial Street Selectmani COUSINS, Lyman S 6 Bancroft St. , Waltham School Department DELFINO, Nicholas J. 1 Forest St., Stoneham School Department DOOLEY, Henry W 77 Baker Avenue Resident DOUGHTY, George Jr. 75 Paul Revere Road School Department DRISCOLL, Robert V 30 N. Broadway, Haverhill MIT Lincoln Lab EMERY, Alan 441 Lowell Street Firefighter ERNST, Karl 37 Eldred Street Resident EWERS, Joseph E 12 Old Coach Rd. , Weston MIT Lincoln Lab FINNEY, Charles A 36 Albemarle Avenue Resident FLAHERTY, William 4 Spencer Street Firefighter FREEMAN, George 13 Grant St , Concord Police Employee FULLERTON, Dennis 2400 Massachusetts Avenue Firefighter GALLAGHER, Edward T. 8 Spring Lane, Maynard MIT Lineoln Lab GARBER, Kenneth S 161 Bedford Street Police Photographer GARLAND, John A , Jr. 54 Gleason Road Resident ' L 1e) III GILMAN, Edward M. 56 Bloomfield Street Firefighter GOODFELLOW, Arthur L 12 Edge St. , Ipswich MIT Lincoln Lab GOl1ART. Edward G. 6 Rindge Terr Cambridge MIT Lincoln Lab GRAY, Albett, Jr. Harvard Road, Stow Executive Assistant GREELEY, Roland B. 1359 Massachusetts Avenue Selectmen HRUBY, Albert W. 36 Williams Road Resident JACKSON, Lee B 62 Bow Street Police Dispatcher JEFFERSON, Charles E 8 Alcott Road Civil Defense JONES, Cecil 36 Woburn Street Civil Defense KELLEY, Kenneth, Jr 11 Cedar Street Firefighter KENNEY, Allan F. 10 Burnham Road Selectman LEWIS, Raymond E 7A Revere Street Civil Defense MABEE, Irving H 25 Highland Avenue Selectman MAC DONALD, Charles 24 Bernard Street Civil Defense MAC LEAN, Ralph D 9 Spring Street Resident MAZERALL, Paul 20 Wilson Road Park Superintendent I MC CARRON, Francis 5 Hillside Terrace Firefighter MC DONNELL, Edward T. 62 Elm St , Bedford Cary Library MC SWEENEY, John 54 Emerald St. , Quincy Town Engineer MERCER, Charles R. 6 Park Street Resident I HULLER, Eugene T. 24 Ewell Avenue Firefighter HULLER, Leonard E. 19 Fairbanks Road Resident NUTT, Alfred 45A Ridge Road School Department ORMISTON, Wallace W. 38 Charles Street School Department PEKINS, George 28 Chase Avenue Firefighter PEZZULO, Michael 247 Marrett Road School Department PIERPONT, Wilfred D. , Jr 4 Taft Avenue Civil Defense POTZKA, Joseph G 14 Banks Avenue School Department PRESCOTT, Robert 2 Forest Street Resident REDMOND, James J 9 Utica Street Firefighter RYAN, Thomas 53 Vine Street School Department RYDER, Howard D 2 Wilson Road MIT Lincoln Lab SAMUEL, Frank T , Jr 8 Burnham Road Resident SAUNDERS, Robert W 295 Marrett Road Resident SPELLMAN, Walter 267 Massachusetts Ave. Fire Chief SPIERS, William L. , Jr 185 Lowell Street MIT Lincoln Lab STEVENS, Edward P 4 Chandler St. , Salem School Department STEVENS, Raymond Treble Cove Rd. , Billerica School Department STUCKE, Alden F 31 Hancock Street Resident 111 SULLIVAN, Richard 437 Bedford Street Firefighter SULLIVAN; Thomas 17 Curve Street School Department SWAN, Duncan F. 24 Bedford Street School Department 214 TOTMAN, Frank H , Jr 46 Moreland Avenue Resident TURNER, Gerald C. 9 Hillside Terrace Civil Defense WALSH, John 10 Ames Avenue Firefighter WALTON, Robert E 5 Spencer Street Firefighter WENHAM, Thomas 1 Francis Street Asst. Supt, Public Works WHITING, William 341 Lowell Street Firefighter WRIGHT, Glenn 67 Simonds Road Resident YEWELL, Paul 6 Leeland Terrace Resident Upon motion duly made and seconded, it was voted to grant permia- Permit sion to Rev Handley, Church of Our Redeemer, to conduct a rag and paper drive on Sunday, April 27, 1969. Upon motion duly made and seconded, it was voted to sign Auctioneer's licenses for the following Auctioneer Harry J Myers, Elaine S Myers, 27 Outlook Drive Robert N Cann 48 Hancock Street Cert. Upon motion duly made and seconded, it was voted to authorize the of Chairman to sign the Certificate of Incorporation for George Bullock, Incorp. 17 Longfellow Road, "Lions Patriot's Day Ball Committee." Upon motion duly made and seconded, it was voted to approve Bond11 Bond #89-81-41 for Constable John J. Shine, Jr. , in the amount of $3,000 Abate- Uponit wasvoted to abate the Upan motion duly made and seconded, m n ment ambulance bill for Medardo Collina, 7 Ellison Road, in the amount of $12.00. The Chairman read a letter from Rev. Metaxas of the Greek Ortho- dox Church in Cambridge, requesting permission for the A.A.U. Annual Permit Ten Mile Race to start at the Minute Man and for a Police Cruiser to escort the leading runners to the Arlington line Upon motion duly made and seconded, it was voted to grant permis- sion for the A,A U Annual Ten Mile Race to start at the Minute Man on Saturday, March 29, 1969, at 1 00 P.M. Upon motion duly made and seconded, it was voted to approve the Minutes Minutes of the Selectmen's Meeting held on March 3, 1969 Mr. Gray informed the Board that approval has been received from Police the Director of Civil Service for the appointment of five Patrolman, to become effective March 17, 1969 Upon motion duly made and seconded, it was voted to lay out the following streets: Street Hillcrest Avenue-Fottler Ave Manley Court Layouts to Circle Road Elena Road Hillcrest Avenue-Circle Road Grassland Street 50' to Albemarle Avenue lay out but defer Vaille Avenue action on design Bridge Street 215 The Chairman said that there has been a great deal of discus* sion`on Cedar Street; the only reason for the layout was to construct the sidewalk We left it with the people of Cedar Street that if we couldn't come to some understanding by tonight, we would postpone the layout for another year. Mr Graf, spokesman for the residents of Cedar Street was present and strongly urged postponement for another year.. Upon motion duly made and seconded, it was voted to post- pone the laying out of the following streets: Stedman Road, Sanderson Road and Cedar Street A legal hearing was held on the layout of Worthen Road. The Chairman said that the notice of intention to lay out Worthen Road was posted by the Town Constable in the Town Office Building on February 26, 1969. The notice states that "the Board of Selectmen hereby gives written notice that .t intends to lay out as a Town way Worthen Road from a point 108 feet northwesterly of Goffe Road for a distance of 544 feet, more or less. This pro- posed Town way is shown on a plan entitled "Plan of Worthen Road Extension, Lexington, Mass. Scale 1" s 40' dated January 10, 1969, John J, McSweeney, Town Engineer," which plan is on file in the Town Clerk's Office, Town Office Building " Mr. McSweeney, Town Worthen Engineer, will explain the layout and the Planning Board will Road answer questions, as this Article was inserted in the warrant at the request of the Planning Board, Mr. McSweeney explained the layout, which would begin at the end of the subdivision with a 70' layout with a proposed pavement of 44' with sidewalks on each side, all over Town land to the Bowman School. Mr. Douglas Ross said that the developers have been asked to build a piece of the road and he wondered if there was any hope that the developer would do it? Mr. Lund of the Planning Board replied that this piece is on Town land and we felt it was not proper to ask them to do it. Mr. Tryon asked if they envision any use for the land towards the bottom, at the far side? Mr Lund said that this is a segment of the school site and is under the jurisdiction of the School Committee; perhaps they might find a use for it Mrs Harvell said that the Trustees of the Covenant Church said they planned to give some of the land for middle income or low income housing Is this a private development or what? Mr. Lund said to ask the Trinity Covenant Church. This was prior to the more concentrated discussion. At the time it was dis- cussed with the Trinity Covenant Church it was to be a single family cluster development, with few, if any, houses on Worthen Road. They have not been submitted. Mr Storer asked what the Church would do if it is not built, if there would be access problems? 1t6 Mr Lund said that there is an access from Allen Street and it is possible to come in We feel the circulation would be very poor and we feel this should be developed with Worthen Road. Mr. Storer said that we are building this road so they can build the development. Mr Lund said that on non-town owned land the developer builds the road Mr. Storer said that you are taking a sizeable chunk of land; last year we bought their land. Mr Lund said that we are not making a taking; this is a corridor and the School Committee agreed to it Mr. Storer said that the total cost of Worthen Road is be- tween $600,000 end $2,000,000 Mr. McSweeney said that it will be from $60 to $100 a foot; there is 16' Of peat and we plan on taking out every bit of it; it is 525' long Mr Howland asked if the Trinity Covenant Church has been asked to make their section the same width? Mr Lund said that the layout would be the same, 70 feet Mr Totman asked what relationship does this proposed sec- tion have to the Worthen Road access to the school site; there is no physical connection now on Worthen Road. Mr Lund said that Worthen Road now goes to where this starts Mr Totman said that this segment bears no connection. Mr Lund said there is an agreement with the builder to fin- iah that segment. Mr Douglas Ross said he misunderstood the description, and asked if the Church development includes the extension beyond 550 feet? Mr. Lund said, 1400' ; a total of 2,000 with this segment. The reason we want to build this section is not solely to provide access; it is going to be built by us and if we don't build it, the developer will build without connecting; to build it discon- nected, is like building the disconnected Emerson Rd. ; it should be built in logical sequence. Mr. Worrell said that this, plus the piece the developer would build and Clematis Road provide a better access for fire equipment, provides a means of circulation in an area which has no cross street except Route 2. Mrs Totman, Trinity Covenant will own regardless and in future time would have to build, they are going to be adjacent to the layout to the next section, won't they have to pay for the other part in the future? Their land still abuts on the layout. Mr Lund said that we could require them to build Worthen Road now if they come in with a subdivision but we could not later force them to build Worthen Road if they have submitted a valid subdivision without Worthen Once developed, once accepted, after that if the Town wants to build, we have to make a taking and pay for the construction ourselves Mr Gould said that he would like to know the total plan. 2 -tri The Chairman said that there is no plan, whatsoever to go beyond Pleasant Street Mr. Gould said that Pleasant Street is an inadequate road at the present time Mrs Tryon said that the plan that was submitted by the DPW was between Route 2 and Pleasant Street and to connect at the Pleasant Street intersection. The Chairman said the DPW said if and when the need arises for a connection to Lexington, the DPW would consider it; the need would have to be there. Mrs Tryon said that if bypass is to be done by the Town, it was advised by Metcalf to be done within three years. Mr. Storer asked if the access could be handled another way? Mr Lund said that it is valid circulation to build Worthen Road Mr. Kenney asked if the Planning Board would be willing to amend to 30 feet? Mr. Lund said that we came out with a 44' pavement. Mr Kenney said that Chapter 90 requires 30 feet. Mr McSweeney said, the minimum requirement is 30' with 50' layout if built with Chapter 90 funds, and 70' with four lanes, 44' pavement Mr Worrell said that people are going to be scared My personal position is that I don't regard this as a step to con- ' nect to Marrett Road; it is not advisable to make this connection; it must stand on its own feet, it improves the circulation in that area and provides access. Mr Harrington said that if Worthen Road is no longer con- templated, would Planning Board want this through? Can you justify in terms of the Church? Mr. Lund replied, we justify on circulation alone. Mr M£mno said that we are dealing with two different concepts, access to the new development and Worthen Road built under Chapter 90, with the Town subsidizing the developer, this is the Worthen Road expressway; if you put in a 44' blacktop, it is en expressway. Mr. Gould said that we have heard about the development but not the size; he asked how many homes are going in there? Mr Zaleski answered 24 or 26 homes, Mr. Ross asked, what is the cost to the Town if we were to only put in that road at the minimum practical width to give con- nections and the Town didn't have to reimburse for 1200' of road and road done entirely with Town funds and keeping down to a minimum to serve the area Mr. McSweeney said that the cost is $60,000 and to build to subdivision standards wouldn't be any cost to the Town Mr. Ross said that we are talking $127,000 to get just a piece of blacktop; if we put 30' over town land and the Planning Board conveys to the developer the need for a 30' width, what is the cost? Mr McSweeney said $45,000, and we need to take out all of the peat Mr Lund said Chapter 90, $45,000 instead of $60,000. A gentleman asked about waiting for traffic studies Mr. Lund said that the results might affect our thinking, but every study leads to a conclusion. The Chairman said that we are laying it out at 70 feet. History tells us that Chapter 90 takes two years to complete; the width of construction could be adjusted Mr Adams said that a subdivision over 500' must have two access roads, this is 650 feet. Mr Lund said that there are accesses from another point, Clematis Road and Allen Street, Mr. Totman asked to be recorded in opposition Mr. Francis _Lind Trinity Covenant Church, said that some years ago, we arranged to give land to Conservation We are try- ing to work our subdivision for the least possible layout and these developments over the years have led us to this point. Clematis is not the answer, that only brings us in and according to Town rulesfwe must have an egress; this -is the necessary part to complete. We are not looking at this as just hooked up to Worthen Road to complete the pattern beyond. Mr Storer asked, are you on record; what is the current standing of the concept to Worthen Road? The Chairman said that the Board supports the Planning Board and the concept of Worthen Road from Pleasant Street to Marrett Road; we agreed not to take a position on the paved width; we took a position on the 70' layout. Mr Kenney said that he took exception to the width but he could now see if it necessitates 44' , he would object to putting Chapter 90 Mr Ross asked, is it through Chapter 90, it would not apply if narrower Mr. McSweeney said that Chapter 90 minimum width is 30' within a 50' right of way The State Department would have to review this from a traffic point of view; at this time, we could not get a letter from them, Mr. Ross said that we might still get Chapter 90 funds for a minimum there is some likelihood If Town Meeting does not vote the connection to Marrett Road, we could have a connection for the flow of traffic for the neighborhood Mr McSweeney said that you can't have it both ways If you make a commitment to the State on Chapter 90, you have to do your part Mr. Greeley said that we would not go to the State and ask for Chapter 90 approval only for Pleasant Street to the Church; we only envision it at least to go through to Marrett Road It is very likely they would require more than a 30' pavement. Mr. Tryon asked if there were any traffic studies done by the DPW in relation to the potential traffic in connection with two roads to Marrett Road? `L1ti The Chairman said that projections were made at the hearing This hearing in no way includes a connection to Route 2; this road was designed originally to this width at $500,000, the original de- sign, and we are following it, even without a connection. Mr. Tryon asked if a connection there has been designed? The Chairman said that there have been no discussions on one Mr. Barron said that if there is a connection from Marrett to Pleasant, something has to be done about Pleasant Street The Chairman said that, since 1953, the Town has presented a concept from Pleasant Street to Bedford Street. It has been quite plain, there has been no double talk on this area; the Town has spent over $500,000 to this end This has been a public document since 1953 and as each person moved into the neighborhood we told him Those recorded in favor of the proposal are as follows: Mr Johnson of the Trinity Covenant Church, Francis bind and Mr Adams Those recorded in opposition are as follows Messrs. Ross, Halprin, Chella, Barren, McGuire, Cameron, Mazza, Taylor, McCarthy, Prevost, Weiss, Mimno, Harrington, Gould, Cushman, Sandy, Fenaky, Carpenter, McIntyre, DeGrazia, Mr. and Mrs. Sheingold, Mr and Mrs Tryon, Mr and Mrs Somers, Mrs Groisser, Mrs Flynn, Mrs Harvell, The Chairman declared the hearing on Worthen Road closed Later on in the meeting, the layout of Worthen Road was dis_ cussed. The Chairman asked Mr McSweeney to check with the State on Chapter 90 and what they will accept on pavement Mr McSweeney said that we should give some type of agreement on what we plan to do on Worthen Road Mr. Greeley said that the present policy is to complete We must go on record as saying that this is a step towards completing a program we hope to consummate very soon to go to Marrett Road. Mr Kenney asked how much it would cost to go beyond the Trinity Covenant Church? Mr McSweeney said that it would probably be $300,000 Mr. Greeley said that it would cost the Town another $100,000 to pay for the difference Mr Mabee said that he would vote to lay out with the smallest pavement that you can have Mr McSweeney said that they said 70 feet from Marrett Road to Pleasant. Mr Greeley said that the stretch through the school and through the subdivision is not going to be that. The Chairman said that the same number of automobiles used that street. Mr McSweeney said that the State's answer would be to lay it out and give some indication that you would support 44 feet 220 Mr. Greeley moved to lay out on that basis. Mr Gray asked if this isn't voted by Town Meeting, where do we go with Chapter 90? The Chairman said that if this is voted down, move reconsider- ation and hold it. Mr. Greeley asked if we vote to lay it out and Town Meeting votes it down? Mr Legro said that is the end; Town Meeting can do one of two things, accept or reject. You can move to lay out and fight for a width narrower than 44 feet. Mr Kenney objected He said that the State will come back with 44 feet. Lay out at 70' and request the State to approve a 30' pavement. Mr. Legro suggested they vote to lay out in the way as shown on the plan in accordance with the plan that is filed with the Town Clerk. Upon motion duly made and seconded, it was voted to lay out this section of Worthen Road as shown on the plan filed with the Town Clerk by the Town Engineer Mr. Kenney was recorded in opposition. Upon motion duly made and seconded, it was voted to request the Town Engineer to request the State to approve a 30' pavement. The Chairman said that the Board will discuss the layout of the footway from Estabrook Road to Nickerson Road. Town Counsel has investigated this since the hearing on February 13, 1969. Mr Barrows, 12 Estabrook Road, said that Mr. Legro had in- formed him that it was on record as a pedestrian easement The Chairman said that Mr. Weiss, 16 Estabrook Road, was registered in opposition to this, and asked what his feeling was about it. Mr. Barrows said that he did not know anything about it; his attorney had not told him when he bought the property. Nickerson Mr Lund said that we want to vote the Article and lay out Road the footway Footpath Mr. Gerard Smith said that he would like to have someone ex- plain the logic and the reasons why it is located there Mr Lund said that Mr. Outhet owned the land and also owned the lot on Nickerson Road When laying out the subdivision, he came into the Planning Board and said that he would deed this to the Town. It was proposed by the Planning Board and agreed to by Mr. Outhet We expected a significant number of children going to school who would have to cross Massachusetts Avenue in two places and we would not have to build a sidewalk from Nickerson Road Mr. Smith said that this would come out on my property. I have discussed with Mr. Gray and the Planning Board the expense of running a sidewalk on Nickerson Road to the school street. The Chairman said that we have notified the abutters. Mr McGuire asked how close the walkway comes to Mr. Barrow's house? 221 Mr. McSweeney replied that it would be 9 feet. Mr. McGuire asked if any other public Way cbmeb within 9' df a home?ii The Chairman said that a pedestrian easement was legally granted to the Town by the owner of that property. This man's lawyer didn't inform him of the existence of this easement Mr Smith said that the most dangerous part is at the school street; you need a policeman there. The Traffic Committee recom- mends that you don't put the easement through. We have to take legal action as home owners Mr. Barrows said that it was discussed that it would be suitably landscaped and maintained but the cost was not discussed. The Chairman said that we said $3,000 for fencing and land- scaping; we did discuss the construction. We are voting tonight to lay it out and this is just the legal vehicle to get this pro- posal to Town Meeting for the Planning Board We all recognize your situation. Unfortunately, your attorney didn't do a proper and thorough job for you When the whole area was designed, the Planning Board asked us to lay it out. Mr. Barrows said that before. this development was made, the children were able to come down from Jean Street, above the develop- ment, without any trouble. We want to present an alternative. Mr Greeley said that if these gentlemen have an alternative, I would like to hear it. Mr Smith said that it was to pave Massachusetts Avenue on the side Nickerson Road comes out, the South aide from Nickerson Road to Estabrook Road Mr McSweeney said that he has recommended to the Traffic Safety Committee that this be done. Mr Greeley asked what difference would it make to the school children on Nickerson Road? Mr. Smith said they have to walk another 300 yards down to Estabrook and up Mr Greeley said that is along walk. Mr. Clarke said that this is a matter for the Planning Board; these people can make an appointment and we will talk with them. Mr Legro said that if the Selectmen do not lay out, there is nothing for Town Meeting to do Mr Kenney said that by building the fence, he would lose the use of his driveway. Mr. Barrows said that he had applied for a building permit; the end of the structure would be less than 10' from the property line, the minimum width would be 9 feet from the property line Mr McSweeney said that it still won't do away with the pedestrian easement. The Chairman said that the drain easement is there. Mrs Barrows said that the pedestrian footway would be over the sewer easement. She asked if they built the sidewalk an Massachu- setts Avenue, would that be over a sewer easement? It seems to me that it would be less expensive to build a sidewalk. L 96)2 Mr. McSweeney said that the pedestrian easement on her pro- perty was laid out over the sewer easement. If the sidewalk is built on Massachusetts Avenue it doesn't necessarily mean that it would be over the sewer. Mr. Smith asked if the property could be maintained in a suitable fashion for $3,000? The Chairman said that it would be in the operating budget. Mrs Weiss said that the distance to Nickerson Road is the same; people signed the petition. Mr Greeley said that, at the hearing, it was represented that this right of way might go on her property. The Chairman said that it abuts her property The Chairman said that the Board of Selectmen will make a decision and let you know if we decide to lay it out The residents of Estabrook Road retired. Later on in the meeting, the footpath was discussed. Upon motion duly made and seconded, it was voted not to lay out the footpath on Nickerson Road. Mr. Greeley was recorded in opposition. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect Session the public security, the financial interest of the Town, or the reputation of any person. After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. The Chairman said that the Board voted not to lay out Cedar Simonds Street and we have $14,400; we must assign it to the next in Road priority on the sidewalk list, :tigionds. Road - 1600' feet at $29,200; this will do half of it. Mr. Greeley informed the Board that as Mrs. Riff in has re- tired from the Planning Board and Mr. Grhham is on the Planning Suburban Board, the Suburban Responsibility Commission request they :be Reap, retained on the Commission; Mrs. Riff in on MPAC and Mr. Graham Comm. is happy to serve as a representative of the planning Board It was agreed to ask the Planning Board to make a recom- mendation to the Board. Mr. Greeley said that there is a question regarding tax Mod exemption of the Moderate Income Housing and Mr. Graham has pre- Income pared a letter correcting the misinformation given out at Candi- Housing dates Night and will send it to the newspaper and also a copy to the Selectmen. Jr High Mr Greeley said that there was another meeting yesterday Article on the issue of school building employment and they voted to re- quest the Board of Selectmen to seek a legal opinion from Town (211. 3 Counsel on the proposed amendment to Article 13 and on whether, if passed and subsequently challenged, it would in any way jeopardize an affirmative vote on the main motion to appropriate funds and build the school This would need an appropriation to take care of change order estimates Mr. Legro said that $20,000 isn't going to do it. Mr Greeley said that Professor Michelman gave an opinion that he did not believe it would jeopardize passage of the Article since it is a separate question with a different source of funds. It was voted to re- quest Town Counsel 's opinion Mr. Legro respectfully declined He said that this is a matter that ought to be decided first by the Committee given the responsibility of constructing a $4,500,000 building That committee voted to leave this out of the specifications. I will agree that any Town Meeting member could offer an amendment and there would be a requirement to rule. I thought it was a dead issue Whatever the Board says, this Town Counsel thinks this ought to go to the Permanent Building Committee. They are charged with building. The problem shouldn't have a roadblock by way of an amendment. Mr. Greeley said that, first, the Commission wanted to ask you to come to the meeting The Building Committee members are going to take that back and discuss it with their committee They spoke as if they were quite ready to accept an amendment of this kind; they felt that this way this is not going to increase the amount of the bid - it is only applied to the contractor. He is not going to inflate his bid and it would appear after the contract is made Some members are happy to have it at Town Meeting - whether the main motion or have someone else do it. They are not going to appear as supporters of the amendment. Mr. Legro said that this presents some very serious problems; you are talking about borrowing pretty close to $4,000,000. If Bond Coun- sel says, no, or the Director of Accounts says no, my opinion isn't worth much The Chairman said that we are the last ones to know what goes on. Mr. Greeley said, if you want a motion on it . The Chairman said that, basically, everybody will be in much better shape if it comes on the floor; someone should answer whether it is legal. You are alsd talking about a By Law change that provides for this kind of a process in all Town construction Upon motion duly made and seconded, it was voted to adjourn at 11 30 P.M. A true record, Attest ro" Executive Clerk, Selectmen 1 - I SELECTMEN'S MEETING March 17, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 17, 1969 at 7:00 P.M Chairman Cataldo, Messrs. Mabee, Kenney, Greeley, and Bailey were present Mr Legro, Town Counsel, Mr. Gray, Exe- cutive Assistant, Mr Burke, Superintendent of Public Works, Mr Wenham, Assistant Superintendent of Public Works, and Mrs, McCurdy, Jurors Executive Clerk, were also present At the request of the Town Clerk, three jurors were drawn, as follows Anthony J. Rochette 370 Marrett Road Joseph G. Cammarata 16 Cushing Street Robert S. Garber 6 Frost Road Mr Legro requested the Board to adopt and sign an order of Lloyd taking with respect to the Lloyd property; this has been awarded Property by a previous vote of the Board. Upon motion duly made and seconded, it was voted to adopt and sign an order of taking on the Lloyd property as submitted by Town Counsel. i:.` Upon motion duly made and seconded, it was voted to make the following annual appointments, for terms expiring March 31, 1970, unless otherwise noted Building Inspector Donald K. Irwin Appoint- Director of Civil Defense Arthur E Burrell ments Comptroller.Three year term to 1972 Richard M. Perry Dog Officer Francis J. Belcastro Assistant Dog Officer Carl A. Carlson Engineer John J. McSweeney Assistant Engineer Frederick J. McGarry Executive Assistant, Selectmen Albert Gray, Jr. Executive Clerk, Selectmen Eleanor M McCurdy Fence Viewer Rev. Harold T. Handley Field Drivers James F Corr Carl A. Carlson Forest Warden William P. Fitzgerald Insect Peat Control Paul E Mazerall Lockup Keeper James F. Corr Park Department Superintendent Paul E Mazerall Public Works Superintendent Joseph F. Burke Public Works Asst Superintendent Thomas M.. Wenham Sealer of Weights and Measures Bernard J Belcastro Tree Warden Paul E Mazerall Acting Dir of Veterans' Benefits Albert Gray, Jr Veterans' Graves Officer Albert Gray, Jr Wire Inspector Robert K. Jeremiah Acting Veterans' Agent Greta E Glennon The Chairman read a letter of resignation from Fred C. Bailey as a member of the Board of Fire Commissioners, effective April 7, 1969. Upon motion duly made and seconded, it was voted to accept the resignation of Fred C, Bailey as a member of the Board of Fire Commissioners, effective April 7, 1969 Upon motion duly made and seconded, it was voted to appoint Lincoln P Cole, Jr. and Joseph 0. Rooney as Special Police Offi- Special cers for a term expiring March 31, 1970, as recommended by the Police Chief of Police Upon motion duly made and seconded, it was voted to approve Bond No 93-94-70 for the Collector of Taxes in the amount of Bond $104,500, with the approval of the Commissioner of Corporations and Taxations noted thereon. Upon motion duly made and seconded, it was voted to approve Bond No. 92706-37 for the Town Clerk in the amount of $2,000, with Bond the approval of the Commissioner of Corporations and Taxations noted thereon. Upon motion duly made and seconded, it was voted to sign Auctioneer Auctioneer's License for William A Sennott, 229 East Street Upon motion duly made and seconded, it was voted to approve the request received from the Chamber of Commerce to have postcards Diorama printed of the Dirorama Upon motion duly made and seconded, it was voted to sign the Sewer sewer betterment assessments for the following streets; Ash Street, Betterment Avon Street, and two orders for Hartwell Avenue. Assessment Article 23, Chapter 90 funds, was discussed The Chairman said that we could substitute Spring Street if Worthen Road is defeated, All we are doing is assigning the money, Article the hearing will be held and the State will lay it out Mr. Greeley asked if we hold the money for Spring Street and lose Spring Street this year, have we lost the money? If not, Article 23 we could spend it on Adams Street Mr. Legro said, in his opinion, it is possible to leave the name out, but the Board hasn't done it this way. Article 14, water mains, was discussed. It was agreed that it is the position of the Board that if Hayden Avenue doesn't go Article 14 through, we won't need the $20,000 water main money. If Town Meeting adopts ,it (Hayden) , to move reconsideration. The Police Budget was discussed. The Chairman said that the Police Board must take a vote on our position of giving five per cent Budget a differential. At the informational meeting, Town Meeting members wanted rotation explained and Chief Corr will explain it at Town Meeting The differential is .now included in the budget figure and the Appropriation Committee will move to reduce the budget. Upon motion duly made and seconded, it was voted to approve at the Town Meeting the five per cent differential for the Police Budget Mr Greeley and Mr Mabee were recorded in opposition Mr. Greeley said that he didn't think it was fair if it becomes only an addition for the off hours people. If two and one-half per cent were taken off for the daytime people and the night people were given two and one-half per cent, he was all for it He was not against the differential as such, but it shouldn't all be for those on the off hours. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect Session the public security, the financial interest of the Town, or the reputation of any person. After discussion concerning the reputation of a person and the financial interest of the Town, it was voted to resume the open meeting. The Planning Board met with the Board. Mr. Lund said that their position is, we would support Worthen Road as it stands for Chapter 90 funds, providing you take out $12,000. Article 34 would be for $8,000 only for Emerson Road. We would represent to Town Meeting; we would evaluate the concept this year and come back next year, and we would not authorize the extra width road in the Trinity Cove- nant Church. The Chairman asked if the Trinity Covenant Church would now be at 30 feet Mr. Lund said that they haven't decided. Mr Greeley asked if he thought they can reasonably hold off Planning that long? Board Mr. Lund said that he had talked with them. The Chairman said that it would take two years Mr. Lund said that we would like to see that road built at the extra width. We would not like to make a decision. The Chairman said that your position is, you don't know what width (on Trinity Covenant) but Worthen Road is to be built. Mr Lund said, at Bowman the extra width, the original con- cept. We are not taking a position now. The Chairman asked, on the concept or the actual pavement? Mr Worrell said that one determines the other, The Chairman asked if Mr. Lund was saying that he didn't know whether Worthen Road should be built at all? 224 Mr. Greeley asked if Mr Lund was saying that he didn't know as far as Marrett Road and saying if, as a result of further studies, it should be a narrower width, to come back to the meeting? Mr. Lund said he would like not to discuss the other side of Bowman School As far as we are concerned, we haven't changed our position; we are saying we are going to look at it again; looking at it now, the vote would come to three to two. Mr. Worrell said that the last time we discussed it, the im- pression was we would still like to put through to Marrett with a 30' pavement. Mr Kenney said that with the State authorizing Chapter 90 funds, I would assume they did it with the concept of Worthen Road. We wouldn't go down and build that section under Chapter 90 until the developer came into this with the road. Mr Lund said that the developer is going to come in, if we join onto Worthen Road at that time. We conceivably say not at the extra width. Mr Kenney said that we wouldn't commit these funds until the developer comes in Mr. Greeley said that if it is decided next November it is only a 30' width and not extended to Marrett Road, then we use Chapter 90 funds somewhere else and use our own funds; we are not saying to build this summer They are asking us to hang on to that money, and it makes more sense to hang on for Spring Street The Chairman asked for the Board's position. Mr Kenney said that he is against the concept of going to Bedford Street to Route 2 with 70 feet; if they can change down . . The Chairman asked, a 50' layout? Mr. Kenney said that he felt it would make a big difference. The Chairman recommended 44' at the Bowman School, as there are cars pulling up and dropping children off. At this point, we would support the concept of Worthen Road. Mr Greeley said that he would support the motion to go through, Worthen Road to Marrett Road The Chairman said a 30' pavement would not go through the subdivision. We are trying to commit these funds; in the final analysis, we haven't lost the funds Regardless of what happens, this section should be 44 feet. Mr. Kenney said that he had no quarrel with 44 feet. Mr. Lund asked if Article 22 would be a Selectmen's motion? The Chairman replied in the affirmative. Article 34 will be $8,000, as Mr. Lund said The majority of the Board of Selectmen agreed that this is the approach they would take to support the Planning Board on Article 22, Worthen Road Upon motion duly made and seconded, it was voted to adjourn at 7 50 P.M. A true record, Attest Y Executive Clerk, Selectmen i 2 :2b 2b SELECTMEN'S MEETING March 19, 1969 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Wednesday even- ing, March 19, 1969 at 7:00 P.M. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel, Mr Gray, Executive Assistant, Mr McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present The Chairman requested the Board to sign ambulance abate- ments, submitted by the Tax Collector, in the amount of Abatements $191 00, for uncollectable bills which date back to 1966 Upon motion duly made and seconded, it was voted to ap- prove the ambulance abatements, as submitted by the Tax Collector, in the amount of $191.00 The Chairman read a letter from the Visiting Nurse Asset,. Appointment ciation requesting that the Board appoint a representative to the Board of Directors Upon motion duly made and seconded, it was voted to re- appoint Mr Greeley as the representative of the Board of Selectmen to the Board of Directors of the Visiting Nurse Association. The Chairman said that the figure on Article 31 is $2500, Article 31 on options and appraisals. There is a balance of $4900 in that account and I recommend indefinite postponement of this Article Upon motion duly made and seconded, it was voted to ap- prove indefinite postponement of Article 31 at Town Meeting. The Chairman introduced Donald Shaw, spokesman for the people of Lincoln Street, to the Board. The Chairman said that when We inserted the Article to construct with Chapter Lincoln 616 and Chapter 679 money, it was our impression that there Street were no problems but, before going into Town Meeting, Mr Article 24 Shaw was asked to come before the Board Mr Shaw said that a meeting was held last week by the abutters of Lincoln Street and the Engineering Department had supplied them with maps of the area He is here this evening to present a petition, signed by all but one abutter, which states that "the signatures are of the abutters and/or users of Lincoln Street for whom Lincoln Street is the only access road between Middle Street and Marrett Road. We neither need nor want the proposed changes and are, consequently, opposed to its being passed. 29 Mr. Kenney asked if they were opposed because of the tax rate? Mr. Shaw said, no At the meeting, it was brought out that it was their understanding that Lincoln. Street..to.Marrett Road we to be constructed with a sewer, and on that basis, they would go along Birch Hill Lane is the worst part of that ptrset and the proposal is to stop 75' from there. Mr Kenney said that we were hoping to get to Birch Hill Lane. Mr McSweeney said that he had objected to them having the plan, and the reason for this is that we have to have a plan to come up with some type of estimate. We- have walked this' job two or three times and, without a real definite survey, we couldn't go on record and say what we were or were not going to do If approved, we mould go in there and survey and go as far as the money would take it. We are saying 1500' with a 24' pavement; the Planning Board recommended a 30' pavement. With a 24' road, taking out 15 trees (some of them should come out, anyway) , we are of the opinion that we could have given you a very nice street Mr Greeley said that it is his impression that Mr. McSweeney thinks the signers of the petition have a misconception of what is proposed. Mr McSweeney said that there were many residents at the meeting and he didn't feel he could refuse to give them the plan. Mr Shaw said that the people were very grateful ; one of them is an Engineer who felt that the Town couldn't go much further than the plan showed. Mr. Greeley said that Mr. Shaw had mentioned a sewer, and asked if there was a sewer on the lower part? The Chairmen said that the sewer is in from Barrymeade Drive to Marrett Road Mr. Mabee said that he had received calls from two people who pleaded with him to construct a little further and asking me why it would atop there Mr Shaw said these were the only abutters who didn't sign the petition. Mr Greeley said that, assuming the Article is carried, would it be reasonable to start at Barrymeade Drive and go West as far as the money would take it in which case, you would get around and take care of Sheibe Corner Mr. Shaw said that the sewer could only go so far and stop, because of the grades. The Chairman asked the Board's feeling on postponement Mr. Shaw said that if they were going to improve the entire street from end to end, they were for it Mr. Mabee moved postponement, and said that we could put the money someplace else 930 Upon motion duly made and seconded, it was voted to recommend indefinite postponement of Article 24 at the Town Meeting Mr Lund, Chairman of the Planning Board, met with the Board The Chairman said that you are talking $16,000 on Article 34, reimbursing subdividers; I think it best to leave in the whole $20,000 Mr Lund said that he didn't want anybody to think we are going to reimburse the Clematis Road Subdivision; if we say Article 34 $20,000, there could be; it is not up to us to parcel it out Mr Greeley said, you approve the expedditure. Mr Lund asked if they are going to ask what it is for? The Chairman said that, ordinarily, it would be an 8" water main for a normal subdivision; a 12" main is not because of Worthen Road, it is because they want a loop system. Re asked Mr Lund about approval without the extra width. Mr Lund said that it is highly unlikely they would approve it The Chairman agreed Mr Lund said that he would like to see it at $16,000 Re would like to be able to say to Town Meeting that we would like to cut something out Upon motion duly made and seconded, it was voted to reduce the figure for Article 34 to $16,000, instead of $20,000. Upon motion duly made and seconded, it was voted to adjourn at 7 28 P.M A true record, Attesti' Executive Clerk, Selectmen dii b A A'°� 231 SELECTMEN'S MEETING March 24, 1969 1 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, March 24, 1969 at 7 00 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel, Mr, Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, and Mrs McCurdy, Executive Clerk, were also present Upon motion duly made and seconded, it was voted to sign the Order of Construction for sewer on Marshall Road. Marshall Rd Fessenden Way Upon motion duly made and seconded, it was voted to sign Sewers the Order of Construction for sewer on Fessenden Way Upon motion duly made and seconded, it was voted to sign Auctioneers' Licenses for the following• Auctioneers John D Brucchi 63 Paul Revere Road Ralph D Cataldo 157 East Street Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen's Meetings held on March 17 and March 19, 1969 Upon motion duly made and seconded, it was voted to sign the Sewer sewer assessments on Graham Road Assessments Hearing was declared open upon the petition of the Tremblay Real Estate Trust for license for below ground and above ground storage at the premises located at 8 Camellia Place A notice of the hearing was inserted in the March 13, 1969 issue of the Lexington Minute-man and sent by certified mail to Tremblay the abutters, as listed on the records of the Board of Assessors. Gasoline Application was approved by Chief Spellman of the Fire De- Hearing partment The Chairman asked if anyone was present in favor of the application, Mr John Graham, 47 Bedford Street, was present and said that he lived across the street and was in favor of it No one was present in opposition, and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to issue a license to the Tremblay Real Estate Trust for below ground stor- age of 6800 gallons of motor fuel for truck use, 500 gallons of waste oil and 2000 gallons of fuel oil to be used to heat the building Also, for above ground storage of 300 gallons of motor ‘y I ., ;� oil and 110 gallons of anti-freeze to be stored in metal containers and/or steel drums on the premises located at 8 Camellia Place, Lexington All storage to be used in the normal conduct of busi- ness; none to be sold. Hearing was declared open upon the petition of Lafley's Mobil Service Station for license for below ground and above ground storage at the premises located at 27 Massachusetts Avenue. A notice of the hearing was inserted in the March 13, 1969 Lafley issue of the Lexington Minute-man and sent by certified mail to Gasoline the abutters, as listed on the records of the Board of Assessors. Hearing Application was approved by Chief Spellman of the Fire De- partment Mr Lafley said that the application is for an increase from 7,000 to 20,000 gallons of gasoline The tanks are at least 20 years old and need to be replaced; we feel that larger tanks will simplify delivery and fewer trucks will come into Lexington Michael T Carroll, of the Mobil Oil Company was present at the hearing and was recorded in favor of the application No one was present in opposition, and the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to issue a lircegaettro Lafley's Mobil Service for below ground storage of 20,000 gallons of gasoline, 500 gallons of waste oil, and 500 gallons of fuel oil to be used to heat the building; also 300 gallons of motor oil, 300 gallons of anti-freeze and 20 gallons of alcohol to be stored in metal containers or steel drums above ground, on the premises at 27 Massachusetts Avenue, Lexington, Massachusetts Hearing was declared open upon the petition of the Atlantic Richfield Company for license for below ground and above ground storage at the premises located at the northerly corner of the intersection of Lowell and Woburn Streets. Atlantic A notice of the hearing was inserted in the March 13, 1969 Richfield issue of the Lexington Minute-man and sent by certified mail to the abutters, as listed on the records of the Board of Assessors. Application was approved by Chief Spellman of the Fire De- partment William Mercier, Operations Supervisor of the Atlantic Rich- field Company, was present and said_that there are three 3,000 gallon tanks now and they would install two 8,000 gallon tanks. There would be fewer deliveries with the larger tanks; there are three deliveries a week now All tanks will be installed in com- pliance with the State Building codes. We are going to reconstruct that building; it is to be a Colonial type of building and this is in relation to that change. No one was present in favor or in opposition, and the Chair- man declared the hearing closed. L `a` Upon motion duly made and seconded, it was voted to issue a license to the Atlantic Richfield Company for below ground storage of 16,000 gallons of gasoline in two 8,000,gallon tanks, 550 gal- lons of fuel oil and 550 gallons of waste oil ; also, 1,155 gallons of motor oil, 100 gallons of kerosene, 200 gallons of anti-freeze, 200 gallons of methanol, in approved containers above ground, and 60 gallons of gasoline to be stored in tanks of a three-car lubri- torium garage, on the premises located at the northerly corner of the intersection of Lowell and Woburn Streets, Lexington, Massa- chusetts Mr Legro requested the Board to sign a release relating to damage to the guard rail on Lowell Street on January 9, 1969 by Astrid N Moden, in the amount of $432 06, which is the full amount of damages Release Upon motion duly made and seconded, it was voted to sign the release relating to damage to the guard rail on Lowell Street, on January 9, 1969, by Astrid N Moden in the amount of $432.06 The Chairman informed the Board that a memo will be sent to all department heads informing them that step raises for employ- Pay ees are not automatic and that no step raises will be given Raises unless the employees performance warrant such an increase. Mr. Rent, Town Moderator, came into the meeting. Motions for Articles for Town Meeting were discussed and Mr Kent said he felt that serious consideration would be given to adopting a two-thirds vote of the Town Meeting members on recon- sideration. Mr Kent The Board agreed Mr Legro said that he felt that everyone is getting fed up with reconsideration 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, would adversely affect Exec. public security, the financial interests of the Town or the repu- Session tation of any person After discussion of a matter of financial interest to the Town, it was voted to go out of Executive Session Mr Gray informed the Board that all out-of-State travel has been consolidated in one budget There has been a request from Mr Zaleski to attend the International Planning Conference in Out-of- Cincinnati on April 19 through April 24, 1969. He must send in State the reservation and would like approval ; the amount is $293 53 Travel Mr Gray said that we also have a request from Mr. Burke for Requests permission to have Mr Wenham to attend the American Public Works Association of Illinois Conference on April 13 to April 18, 1969 Mr Wenham may not be accepted this year as they only accept thirty people in the seminars ? 34 The Chairman asked about the requests from other depart- ments Mr Gray said that he hasn't heard anything yet. The Chairman said that we must come up with a policy '©n how far people will go on out-of-state travel. Mr Kenney said that in order to make the policy, we must see the whole picture. Mr Gray said that Mr Zaleski's request is not unusual He:asked, how far down the line the department could go as, for example, the Assistant Superintendent? The Chairman said that we are not going to accept these re- quests again under these conditions. It was agreed to approve the requests of Mr Zaleski and Mr Burke for out-of-state travel Upon motion duly made and seconded, it was voted to adjourn at 7 25 P.M A true record, Attest Z6-d-1"1" Executive Clerk, Selectmen A 6 . E s3 SELECTMEN'S MEETING March 31, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, March 31, 1969 at 7 00 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present Mr Gray informed the Board that bids have been received on the Police and Fire vehicles on March 28, 1969 The bids were submitted by Rowe Chevrolet, $14,824 13; Lexington Ford, $16,482.00 and Lawless-Mawhinney, $16,880 00 The Chairman asked for the bid on the Police cruisers Police Mr Gray said that the bids are Rowe Chevrolet, $13,002 13; Cruisers Lexington Ford, $14,382 00 and Lawless-Mawhinney, $14,220 00 The bids have been checked Upon motion duly made and seconded, it was voted to award the contract for seven Police cruisers to Rowe Chevrolet in the amount of $13,002 13 MrGray said that the bid's on the Fire, vehicle will be sent to the Fire Commissioners and they will award the contract. Mr. Gray informed the Board that Chief Corr has received a request from one of his former Policemen to return to the force Police Chief Corr would be willing to have him back as he could fill Department the one vacancy on the force. The former Policeman has been in- structed by Chief Corr to go to Civil Service and explain to them that he would like to return to Lexington. The Chairman read a letter from the Lexington Lodge of Elks, requesting a change in hours on the Club License from 7 00 P.M - 11 00' P.M to 1 00 P.M - 12 M on Monday, April 21 , 1969. Elks Upon motion duly made and seconded, it was voted to grant Club the request of the Lexington Lodge of Elks to chage the hours on their Club License from 7 00 P.M - 11;00 P.M to 1;00 P.M. to 12 M. on Monday, April 21 , 1969 Upon motion duly made and seconded, it was voted to sign Cert of the Certificate of Incorporation for Charles L Miller, 24 Inc. Colony Road, "Geo-Transport Foundation of New England, Inc." Upon motion duly made and seconded, it was voted to sign Guide Licenses for the period of March 31, 1969 to March 31, 1970 Guides for the following. Peter Harvell John T Harvell, Jr 131 Burlington Street 131 Burlington Street 23b Scott N Collard2 Rill Street 9 A 1 Richard Gillespie 4 Fairland Street David Whitney 7 Frances Road Andrea Dudley 5 Frost Road Dwight 0 Henderson 15 Oxbow Road Elizabeth Briana 29 Hathaway Road Upon motion duly made and seconded, it was voted to sigh Auctioneers' Licenses for the following Auctioneers Bertram P Gustin 50 Bloomfield Street Myron Graffam P.0 Box 520, Lexington The Chairman read a letter from the Concord Public Ceremonies inviting the Board to participate in the parade as members of the April 19th Grand Marshal 's Staff on April 19, 1969 at 9.00 A.M Members of the Board plan to attend and participate in the parade Upon motion duly made and seconded, it was voted to grant Permit permission to the Follen Community Church to hold Easter Sunrise services on April 6, 1969 at 6 00 A.M. on the Lexington Green, Upon motion duly made and seconded, it was voted to approve Bond Bond No 92-40-53 for the Assistant Town Clerk, in the amount of $2,000 00 Upon motion duly made and seconded, it was voted to approve Bond Bond No.' 93-51-95 for the Town Treasurery in,the amount of $103,000 00 Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen's Meeting held on March 10, 1969. Upon motion duly made and seconded, it was voted to re- Appointment appoint William L. Potter as Assessor for a three year term to expire January 1, 1972 The Chairman said that a vacancy exists on the Board of Fire Commissioners, caused by the resignation of Fred C. Bailey, Appointment who resigned as of April 7, 1969 Upon motion duly made and seconded, it was voted to appoint George C. Sheldon as Fire Commissioner to fill an unexpired term to May 1, 1970, effective April 8, 1969 Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session 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. 231 After discussion concerning a matter of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 7 58 P.M. A true record, Attest >21 Executive Clerk, Selectmen i V „)L n 238 SELECTMEN'S MEETING April 7, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 7, 1969 at 7 30 P.M Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present Mr. Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present. Jurors At the request of the Town Clerk, five jurors were drawn as follows Robert M Earsy 67 Harding Road Charles J. Pelkey 4 Daniels Street Chih-Chung Wang 9 Gould Road Louis A. LoCicero 26 Melrose Avenue Lawrence F. Covert 42 Clematis Road Mr Gray read a letter from Chief Corr requesting that the Board approve a request to the Appropriation Committee for a transfer from Transfer the Reserve Fund of $1,000 to equip a new cruiser with siren, dome, light, resuscitator, first aid kit, etc Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer from the Reserve Fund to Account No. 3800 the sum of $1,000. Mr Gray informed the Board that a date must be set for the Special Town Meeting in June. The Chairman asked about the Articles to be inserted Mr. Gray said that there would be one from the Library and the June Town Town Office Building Meeting The Chairman asked if Mr Greeley had heard anything on the school amendment? Mr Greeley said that they want to get a by-law Upon motion duly made and seconded, it was voted to hold the Special Town Meeting on June 2, 1969 at 8 00 P.M. Upon motion duly made and seconded, it was voted to close the Warrant for the Special Town Meeting on May 2, 1969 at 4 30 R.W. Spring St Mr. Gray informed the Board that the Telephone Company is all Undergr set to put the conduit underground in Spring Street. He will talk Conduit with Kennecott Copper Company and the other companies in that area. Mr. Burke informed the Board that Mr Wenham Was been notified Public today that he was accepted as a member of the group to attend the Works seminar of the American Public Works Association of Illinois on April 13 to April 18, 1969 G :9 I Mr Burke requested the Board to appoint Mr. Wenham as Acting Superintendent of Public Works during his vacation of April 20 - 26, 1969 Upon motion duly made and seconded, it was voted to appoint Thomas M Wenham as Acting Superintendent of Public Works from April 20 to 26, 1969 Mr McSweeney said that he would like the Board to consider approval of an Order of Construction for drain purposes on Reed Sty from LUreI St, to Cater St, drainage wab aithdriaed itt,1968. It would go down past Myrtle Street and drain into Town land, at a Order of cost of $12,000 Also he would like approval of an Order of Taking Construction in a private way on Reed Street, which is not accepted beyond Laurel St. - Center Street Center St The Chairman asked if he had a plan and Mr McSweeney said that he does have one. Upon motion duly Made and seconded, it was voted to approve the preps-ration of the Order of Construction, for drain purposes, Laurel Street to Center Street Upon motion duly made and seconded, it was voted to approve Order of the Order of Taking on Reed Street from Laurel Street to Center Taking Street 100' beyond Myrtle Street, for drain purposes. Mr. William Hamilton met with the Board. The Chairman said that Mr Hamilton has requested this meeting III because he was disappointed in the action taken at the Annual Town Meeting. Mr Hamilton said that Town Meeting spent so much time on the School Article that his attorney had only ten minutes to speak. As he presented the Article, thirty people walked out of the meet- ing. He felt he had received unjust treatment. In the original proposal, he said that five acres of land would be given to the Conservation Commission but, now, he has withdrawn his offer. He had originally talked with the Selectmen in December and the Board Hamilton had sent him a letter stating that they would consider re-zoning Land for Office Park use That particular use of the land was the same basic use that has been tried piecemeal on this land. I have asked residents to write letters to the Selectmen favoring re-zoning. He felt that the pressure from the people of Five Fields was not justi- fied; they are completely protected because of all the changes in Route 2, the traffic flows around them. He said that he would like to put the Article in the Warrant for the June Town Meeting and would like it put in before the School Article. He has tried to give all of the facts to the Board; the houses in the Cloverleaf will not be taken down, they will be moved. The Chairman said that it has been the policy of the Town to insert the citizens Articles after the other Articles. The Board knew that it was not the place to put it but they had no alterna- tive Once it was submitted as a Citizens Article, we had no IIIcontrol. As far as members leaving the meeting, we have no 240 control over that situation. We agree with you that coming up when it did, your Article did not get the consideration it normally would. Mr. Hamilton said that he would like to request that the Board split the zoning Articles away from the general business of the Town and put them in at the Special Town Meeting The Chairman said that the Board has been looking at this, but it wouldn't help him now. Mr. Hamilton asked how many Signatures he would need for ,l , Citizens' Article for the Special Town Meeting. The Chairman said that he would need 100 signatures. Mr Hamilton requested that his Article come up first Re asked if he could get the Selectmen to commit themselves The Chairman said that Mr. Hamilton is asking that the Board support his proposal and will we insert the Article? We will go over them and get in touch with you. Mr Kenney asked about his withdrawal of the offerAo the Conservation Commission Mr Hamilton said that he will include the same area as a buffer Conservation didn't want it I will take the land and use it as a buffer zone; it will always be a buffer. Mr Hamilton showed a plan of the sewer for Five Fields; he had told Engineering to get the line around the trees% the trees that are there are good trees Five Fields is getting the sewer and other pepp}e are getting the traffic. I am seri- ously considering giving an easement to the Town; if the Selectmen support the Article, I would give an easement to the Town Mr Greeley said that at the Town Meeting it was alleged that the proposed change in zoning included the top of Juniper Hill If we went out there and stood on the top of the hill, it would look different if an Office Park was built on the top of the hill We recognize a factor as to whether or not the top of the hill will be developed Mr. Hamilton said that if he could, he would develop at Juniper Hill. He asked the Board to consider his proposal and he would be glad to work along with them. Mr Hamilton retired Later on in the evening, Mr Hamilton's proposal was dis- cussed Hamilton Mr Kenney said that he would like to see what kind of an Lend offer Mr. Hamilton would make to the Town. Mr. Greeley said that we must decide whether this is to be a citizen's Article and put at the end of the Warrant or whether we elect to decide that he didn't get fair treatment and we agree to put in our own Article earlier in the meeting. Mr Legro said that perhaps we could accede to a request to move it forward in time and take it up thed, 24 Mr. Mabee said that he felt if the Planning Board wants to bring it in . . Mr Greeley said that we know the answer as far as the Planning Board is concerned. The Chairman said that if Mr Hamilton submits a Citizen's petition, we will support the policy that has been in effect. He asked the Board's feeling on the splitting of the Articles; as far as supporting the proposal, you want to see the form? Mr Greeley said that it resolves on whether we support him Mr Kenney and Mr Mabee agreed Mr. Mabee asked why he doesn't go to the Planning Board for a hearing? Mr. Greeley said that he knows he won't sell them Mr Greeley suggested that the Board give Mr Hamilton another ap- pointment; we owe it to him. Mr Kenney suggested that the Board send Mr Hamilton a letter and tell him that we feel he should go to the Planning Board. Mr. Mabee said that if the Planning Board came in this June and it was their Article, the way it was, even though they are another Board I think it is too soon I am against coming back every three months. The Chairman said that he had tried to explain that to Mr Hamilton The Board will write a letter to him - a Citizen's Ill Article, to be handled the same Joseph Trani and Leslie York, representing the Lexington Center Merchants, met with the Board Mr. Trani presented a petition requesting reconsideration of the design of Massachusetts Avenue with respect to the present construction and proposed construction It states that the pres- ent design on the north side of the Avenue has resulted in diffi- culty in parking and driving away from the parking slots because of the protrusion of the sidewalk and curbstone and loss of park- Lexington ing because of protrusions; also, great difficulty in snow Center removal Mr Trani also presented a letter from Mr Lyon, Trustee of Central Lexington Real Estate Trust, which states that they would be opposed to anything that would further limit the parking in the center or would diminish existing parking spaces, impede the present flow of traffic or make it more diffi- cult for anyone to get in or out of a parking space. Also, they feel that the center would be more attractive with a new building where the Central Block now stands Mr. Trani said that four years ago he was against the plan for the center but, because there were to be four lanes for traffic, he voted for it. He said that Routes 4 and 225 go right through Lexington Center and all of this traffic comes from Arlington through to Bedford. Chief Corr agrees with them as the juts are not marked and people go over them. We feel that if the protrusions were excluded and parking were reinsti- tuted, it would be better TVA! Mr York said that there may be disagreements over the light posts but, on paper, this looked to be very excellent; there is no question about the brick sidewalk as it adds charm to the Town. You lose six or seven parking spaces by the existing protrusions; they should be the same way as those at the 5 & 10 store. There is no question about the problem we are having with traffic and with parking, and it is going to get worse We are here to plead that you review very carefully before you finish the rest of the sidewalk from the Harvard Trust down to Edison Way I don't think it is quite a success as the Architect's plan showed. Mr Greeley asked if he had supported the acquisition of the Douglass land at the recent Town Meeting? Mr York said that he didn't vote for it as the words used were for Library use only; he would have supported it if it had stayed the way it was There was no motion made for parking and I voted against it Mrs. Morey said that she hail been concerned about the center of Town as the traffic situation is very bad and also the parking. She feels that if they straighten the curbs by Joe Trani's and carry it straight down the Avenue, the situation would be allevi- ated The pictures of the center made the buildings look beauti- ful but there were trees only on one side and she was told there would be some trees put on the other side In the report of the Beautification Committee, we did say that the center looks better but we felt there should be a review of the program before pro- ceeding with the exact, same program. We have shown what was wrong, if the sidewalk is widened in front of the 5 & 10, when the Telephone Company opens up Massachusetts Avenue, there would be no room going by. The Chairman showed the plans of the center and asked for comments Mr York said that he would eliminate the double row of trees Mrs Morey said that it should be straightened out by re- moving the juts Mr Greeley said that, with these changes, six trees would have to be taken out and there would be room for three more ears with the juts removed The Chairman said that you want us to cut off the serrations We should go back to the original concept of 1965 when we asked for the money to take out the Hunt Block. The Chairman thanked the merchants and Mrs. Morey for meet- ing with the Board and said that their suggestions would be taken under advisement Later in the meeting, the center was discussed and Mr Greeley said that he felt that the matter should be referred to the Planning Board for their recommendations. The Chairman said that Mr Sasaki has written to the Board offering to replace the yews as he feels they are the wrong type; those already planted will grow fifteen to twenty feet 24 high and he recommends Taxus Densiforma which has a 24" spread. The Chairman said that he would like to get the project started but I III it should be referred to the Planning Board and we would await their reply Chief Corr has a definite feeling on the layout and would like to talk with the Traffice Committee. It was agreed that Mr Gray is to set up a meeting with the Design Advisory Committee and the Traffic Committee on Friday morn- ing, April :25, and a meeting with the Center Committee on Monday morning, April 28, 1969. The Chairman read a letter from the ABC regarding the sale of liquor on Patriot's Day, April 21, 1969 Upon motion duly made and seconded, it was voted to request ABC all Package Goods Stores to remain closed on Monday, April 21, 1969 Motels may serve liquor during the usual hours, The Chairman read a letter from the President of Arts and Crafts Society, requesting permission to use the grounds at Buckman Tavern for an art show on Sunday, May 18, 1969 from 12 00 noon to 6 00 P.M Permit Upon motion duly made and seconded, it was voted to grant permission to the Arts and Crafts Society to hold an art show on the grounds at Buckman Tavern, subject to the conditions of the Superintendent of Parks The Chairman read a letter from the President of the Arts and Crafts Society, requesting permission for the sale of pottery at the Arts and Crafts Center on June 7, 1969 from 10.00 A.M to 5 00 P.M Permit It was agreed to write to the Arts and Crafts Society, saying that the Board has no objection to the sale of pottery at the Arts and Crafts Center on June 7, 1969 from 10 00 A.M. to 5.00 P.M Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen's Meetings held on March 24 and March Minutes 31, 1969 Upon motion duly made and seconded, it was voted to sign the Sewer sewer betterment assessment for Burroughs Road Assess Upon motion duly made and seconded, it was voted to sign the Guide Guide License issued to Jayne Gillespie, 4 Fairland Street, License The Chairman read a letter from the Town Celebrations Commit- tee, inviting the Board to march in the morning parade on April 21, Patriot's 1969, Day Parade The Board agreed to participate in the morning parade 244 Upon motion duly made and seconded, it was voted to sign the orders for street construction for the following streets Ewell Avenue Bridge Street Hillcrest Ave - from Fottler Ave Elena Road Orders of to Circle Road Carriage Drive Construe- Grassland Street Coach Road tion Vaille Avenue Sheila Road Manley Court Circle Road Hillcrest Ave - from Circle Road Worthen Road to Rawson Avenue The Chairman read a letter from Stanley Robbins, which stated that he did not wish to be reappointed as Fire Commissioner. Fire Upon motion duly made and seconded, it was voted to write a Commis- letter to Mr Robbins, expressing the thanks of the Board for the sioner time and effort he has spent as a member of the Board of Fire Commissioners. The Chairman mentioned the Concord parade on April 19, and asked how many members planned to attend Concord It was agreed to write to the Co-ordinator of the Concord parade Parade that Mr. Bailey, Mr. Greeley and Representative Cole will participate in the parade The Chairman said that he has met with Mr Wells regarding drug abuse and he would like to have a joint meeting of the Board, the Drug Drug Abuse Committee and the Council of Churches. Mr Wells feels Abuse that the problem is real and the Council of Churches should be in- volved; this program should be expanded and they should be part of it, Mr Gray was instructed to set up a meeting, other than the regular Selectmen's meeting, with the Drug Abuse Committee, Council of Churches, and the Board of Selectmen. The Chairman asked Mr Greeley when the Suburban Responsibility LSRC Commission could meet with the Board. It was agreed that the Suburban Responsibility Commission would meet with the Board on April 14, 1969 The Kingston Homes land was discussed The Chairman said that there will be no problem with parcel 3 of the Kingston Homes' land; we will vote to make a taking and an sward of $14,900 Kingston Mr Kenney said that we will instruct Town Counsel not to file Homes the Order of Taking until he is further requested by the Board of Selectmen. Mr Greeley said that it shouldn't be filed until they get a letter of consent from HUD. 245 4111 Mr. Gray said that they have received consent from HUB and, since that letter is in the mail, it can be formally filed If the Board is voting to take this, you are instructing Town Counsel to prepare this, and this will take a couple of weeks. Upon motion duly made and seconded, it was voted to instruct Town Counsel to prepare an order of taking on parcel 3 of the Kingston Homes property, with an award of $14,900 Mr Legro came into the 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 interests of the Town or the Executive reputation of any person Session After discussion concerning matters of financial interest to the Town, it was voted to resume the open meeting Mr. McSweeney asked the Board to approve the amount of damages to be awarded on a taking on the land owned by Joseph F Dattoli After discussion, it was agreed to award damages in the amount of $900.00. Dattoli Upon motion duly made and seconded, it was voted to instruct Land Town Counsel to prepare an order of taking on the land owned by Joseph Dattoli, with an award of damages in the amount of $900.00 Appointments to the Conservation Commission were discussed Upon motion duly made and seconded, it was voted to reappoint Mrs Angela E Frick as a member of the Conservation Commission Conservation for a term of three years, expiring April 1, 1972. Commission Upon motion duly made and seconded, it was voted to reappoint Stanley A. Brown as a Member of the Conservation Commission for a term of three years, expiring April 1, 1972 Upon motion duly made and seconded, it was voted to adjourn at 10.35 P.M. A true record, Attest; X t &eet---1-4-4" f, Executive Clerk, Seleetme rJ 246 SELECTMEN'S MEETING April 14, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 14, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present. Mr Gray informed the Board that a letter has been received from the County Commissioners, requesting payment in the amount of Chapter 90 $6,813 04 for reimbursement to the County for damages resulting in the relocation of a portion of Lowell Street from Winchester Drive and Maple Street, northerly and northwesterly to Woburn Street Upon motion duly made and seconded, it was voted to send a check in the amount of $6,813 04 to the County Treasurer for reim- bursement to the County for payment of damages resulting from the relocation of a portion of Lowell Street from Winchester Drive and Maple Street to Woburh 'Street Mr. Gray informed the Board that the State DPW will hold a Muting meeting in Cary Memorial Hall on May 27 at 8 00 P.M on the re- Route 2A location of Route 2A. Residents of Lexington, Sheraton-Lexington Motor Inn, Honeywell Company and the Department of the interior- National Park will be notified of the meeting Mr Gray informed the Board that a meeting has been arranged Drug Abuse with the Selectmen and the Drug Abuse Committee for April 17, 1969 in the Selectmen's Room at 7 30 P.M. Mr Gray recommended that a letter be written to the Chamber of Commerce April 21 Upon motion duly made and seconded, it was voted to write a letter to the Chamber of Commerce, requesting that the stores re- main closed on Monday, April 21, 1969. Mr Gray told the Board that the Treasurer has informed him Treasurer that it is necessary to borrow money and would like to meet with the Board to approve the bid and award to the lowest bidder. It was agreed to meet with the Treasurer on Thursday, April 24, at 8 30 A.M Mr Gray said that the Traffic Report on Hartwell Avenue has Hartwell Ave been received He gave a copy to each member of the Board and Traffic Report said that copies will be sent to the Planning Board, Chief Corr, Appropriation Committee and to each company on Hartwell Avenue that has participated 11 I T has already received copies. 241' Mr Greeley asked if people in the community would receive a III copy The Chairman said that copies will not be distributed until a recommendation can be made Mr Gray said that a letter has been received from Newton re- questing that Town Counsel or other interested officer or citizen Middlesex represent Lexington at a meeting to be held on April 15 in Newton County on the assessments levied against the cities and towns in Middlesex Hospital County for the operation of the Middlesex County Hospital by the County Commissioners in 1968. Mr Gray informed the Board that Mr Heustis has been asked to represent the Town at the meeting Mr Gray informed the Board that Town Counsel has prepared the necessary Exercise of Options, that were voted on last week, for the Chandler, Advent, Christian Church of Somerville, and the Steeves' land The Chairman said that he had met with Mr. Steeves and he had agreed to an extension of the option The Chairman has called Frank Smith and asked him to take care of the extension. Mr Smith, Conservation Commission, told the Board that he does not have the signed extension from Mr Steeves; his Attorney has prepared it and if we do not have it by tomorrow evening we will have lost the option The Chairman said that Mr Steeves had agreed to a sixty-day extension Upon motion duly made and seconded, it was voted to exercise the option on the Steeves' land, unless the extension of the option Steeves, is received before midnight, April 15, 1969. Chandler and Upon motion duly made and seconded, it was voted to exercise Advent Church the option to purchase 7 97 acres on the westerly side of Grove Options Street, owned by Royal D. and Lois W Chandler, subject to all of the terms and provisions set forth in the instrument dated Febru- ary 26, 1968. Upon motion duly made and seconded, it was voted to exercise the option to purchase two certain parcels of land on the north- erly side of Route 128 containing 2.41 acres and 7.29 acres re- spectively, owned by the Advent Christian Church of Somerville, Massachusetts, subject to the terms and provisions set forth in the instrument dated October 16, 1968 Mr Burke informed the Board that bids have beeen received for 19,000 cubic yards of fill material for the Sanitary Landfill IAvict " on Hartwell Avenue Invitation to bid was sent to eleven firms KEc }le"- and four bids were submitted It is recommended that the bid be awarded to the low bidder, Deflice Brothers Corp , 14 Larchmont Lane, Lexington, Upon motion duly made and seconded, it was voted to award the contract for approximately 19,000 cubic yards of fill material for the Sanitary Landfill on Hartwell Avenue at $1.39 per cubic yard 248 Mr Burke informed the Board that bids were received for ten items as follows Seventeen firms were invited to bid and one bid was re- ceived It is recommended that the bid be awarded to the Auto- motive Service Co , Inc , 22 Sunnyside Avenue, Arlington, for a 21,000# GVW Dump Truck at $8,428.26, including the trade-in of Fthe old unit. Upon motion duly made and seconded, it was voted to award the bid for a 21,000# GVW Dump Truck to the Automotive Service Co , Inc , in the amount of $8,428 26, including trade-in of old unit. Seventeen firms were invited to bid and bids were received from two firms for a 31,000# GVW Rack Body Truck. The Automotive Service Co , Inc , bid $11,547, including trade-in of old unit; Mack trucks, Inc , 75 North Beacon Street, Boston, bid $13,896, including trade-in of old unit. It is recommended that the con- tract be awarded to the Automotive Service Company Upon motion duly made and seconded, it was voted to award the contract for a GVW Rack Body Truck to the Automotive Service Co , Inc. , in the amount of $11,547.00, including trade-in of old unit Fourteen firms were invited to bid and bids were received from two firms for a half ton pick-up truck. Automotive Service Co. , Inc , bid $1,906.36 and Rowe Chevrolet, Inc. bid $2,180 It is recommended that the bid be awarded to the Automotive Service Co , Inc , in the amount of $1,906 36. Upon motion duly made and seconded, it was voted to award the contract for a half-ton pick-up truck, Model CS1570D, to the Automotive Service Co , Inc. , in the amount of $1,906.36, in- cluding trade-in of old unit Fourteen firms were invited to bid and bids were received from two firms for a half-ton pick-up truck. Automotive Service Co. , Inc , bid $2,346 87 and Rowe Chevrolet, Inc. bid $2,571 00. It is recommended that the bid be awarded to the Automotive Service Co , Inc , in the amount of $2,346.87, including trade- in of old unit Upon motion duly made and seconded, it was voted to award the contract for a half-ton pick-up truck, Model CS1590D, to the Automotive Service Co , Inc , in the amount of $2,346 87, includ- ing trade-in of old unit. Fourteen firms were invited to bid and bids were received from two firms for a half-ton Carryall Type vehicle. Automotive Service Co , Inc bid $2,819 12 and Rowe Chevrolet, Inc. , bid $3,052 00 It is recommended that the contract be awarded to Automotive Service Co , Inc. 249 Upon motion duly made and seconded, it was voted to award the contract for a half-ton Carryall Type vehicle to the Automotive Service Co , Inc , in the amount of $2,819.12 including trade-in of old unit Two firms were invited to bid and one bid was received for a Sidewalk Tractor with Snowplow. Timberland Machines, Inc. , 15 Katrina Road, Chelmsford bid $5,490.00 and $475 00 for "V" Type Snowplow Upon motion duly made and seconded, it was voted to award the contract for a Sidewalk Tractor in the amount of $5,490 00 and "V" Type Snowplow in the amount of $475.00, to include trade-in of old unit Four firms were invited to bid and two bids were received for a gasoline driven Brush Chipper E J Bleiler Equipment Co. , Inc , bid $3,630 00 and Casey and Dupuis Equipment Corporation bid $3,950 00; an optional item, is a hydraulic safety brake, $195.00. An alternate bid was received from the Hartney Spray Corporation Brush for $4,165 00, and the Abbott Spray and Farm Equipment Co for Chipper $4,182 00 It is recommended that the contract be awarded to the Abbott Spray and Farm Equipment Co , as the other bidders did not meet the engine size requirements according to Town specifications Upon motion duly made and seconded, it was voted to award the contract for a Fitchburg Brush Chipper, model TWC, to the Abbott Spray & Farm Equipment Co , Waltham Street, Lexington, in the amount of $4,182 00, including trade-in of old unit. Three firms were invited and two bids were received for an Hy- draulic Stump Cutter Casey and Dupuis Equipment Corporation bid $4,090 00, and Abbott Spray and Farm Equipment Co. , bid $5,395.00. It it recommended that the contract be awarded to the Abbott Spray Stump and Farm Equipment Co. , as the low bidder could not meet the engine Cutter size requirements as per Town specifications Upon motion duly made and seconded, it was voted to award the contract for a Vermeer Stump Cutter, Model 1560, to the Abbott Spray and Farm Equipment Company of Lexington, in the amount of $5,395 00, including trade-in of old unit. Mr Burke said that bids have been taken for a dump truck for the Cemetery Department and a Stake Dump Truck for the School De- partment. The Chairman asked Mr Burke to give these bids to the respec- tive departments and the awards will be made by them. The Chairman read a letter from the Planning Board suggesting that the Boy Scouts participate in a town-sponsored open space man- agement project of clearing and piling brush and making trails. Boy Scout After discussion, it was agreed to refer the letter to Town Project Counsel, requesting his opinion of the legal involvements, and to Mr. Mazerall, requesting his comments on whether the project would be worthwhile, the hazards and liabilities involved, and how to do it as far as supervision is concerned. 250 I.D. Card Upon motion duly made and seconded, it was voted to author- ize the Chairman to sign a.'Liquor Identification Card for Robert A. Pitt, 2361 Massachusetts Avenue Sewer Upon motion duly made and seconded, it was voted to sign Assess- the sewer assessments for Holmes Road, North Street and Thoreau ments Road Dawn of The Chairman read a letter from William D. Cox, Director of the San Diego International Philatelic Exhibition, requesting the Liberty loan of the painting "Dawn of Liberty" for the 200th Anniversary of San Diego A letter has also been received from the Congress- man of that district, urging the Selectmen to vote in favor of the loan of the painting After discussion, it was agreed to consult Mr. Ripley and ask his professional advice as to what specifications should beset up, the type of insurance, etc. The Chairman read a letter from the New England District of Kiwanis International, requesting that q proclamation be issued de- claring the week of April 27, to May 3 to be Canada-United States Goodwill Week Proclamation Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the proclamation declaring the week of April 27 - May 3 as Canada-United States Goodwill Week The Chairman said that the proclamation will be sent to the President of Lexington Kiwanis. The Chairman read a letter from the Chamber of Commerce, re- questing that a member of the Board be appointed a Judge of the April 21 float competition on April 21 Upon motion duly made and seconded, it was voted to appoint Mr Bailey as Judge of the float competition on April 21, 1969. The Chairman read a letter from the Suburban Responsibility Commission requesting the consideration of the Board on two reso- lutions which were unanimously adopted by the Commission at their meeting held on April 8, 1969. They are as follows The members of the Lexington Commission on Suburban Responsibility re-affirm their endorsement of the METCO program and support restoration of funds re- quested by the Department of Education for the 1970 State budget; and they urge the Board of Selectmen to represent the Town before the Legislature in sup- port of the budget request for METCO. The Lexington Commission on Suburban Responsibility supports the "Employment Express" of the MBIA and urges the United States Department of Transportation J Y i to reconsider its decision not to allot funds for its support; and the Commission respectfully urges the Lexington Board of Selectmen to represent the Town before the United States Dwpartment of transportation in support of the "Employment Express." Mr Greeley said that the Commission had discussed these regula- tions at great length and recognized that the Selectmen would have to send out a communication on them. The Commission suggests a letter to Representatives Cole and Khachadoorian in support of the budget request for METCO Federal aid is being withdrawn and METCO has asked for $1,300,000; Governor Sargent has recommended $600,000. Asking for $1,300,000 in the State budget would allow for some expan- Support of sion The Commission is requesting a letter be sent stating that the the budget Selectmen support the $1,300,000 appropriation request, for METCO Upon motion duly made and seconded, it was voted to authorize the Chairman to write a letter to Representative Cole and Khachadoorian and the Chairman of the Ways and Means Committee, stating that the Board of Selectmen support the appropriation request of $1,300,000. Mr Greeley asked that a letter be written to Mr Volpe, Senators Kennedy, Brooke, and Morse, asking for support of continued Federal subsidies for special bussing programs from the Core City to Suburban places of Employment; Mr Greeley did not know the amount of money in- volved, Upon motion duly made and seconded, it was voted to authorize Ill the Chairman to write a letter to Mr Volpe, Senators Kennedy, Brooke, and Morse, asking for support of continued Federal subsidies for special bussing programs from Roxbury to suburban places of employment. Upon motion duly made and seconded, it was voted to grant the re- quest of the Boston Edison Company and the New England Telephone and Pole Telegraph Company to withdraw the petition to install three poles, hip Location guy and anchor on each, on the southeasterly side of Spring Street and southwesterly from a point approximately 220 feet southwest of Shade Street The Chairman informed the Board that replies have been received from the Historical Society, Library Trustees and Arts and Crafts Society for nominations for an Associate Member of the Historic Dis- Historic tricts Commission All were in favor of the re-appointment of Dist. Asso: George W Emery; the Library Trustees also included the name of Member Myrna Kaye, as each Committee may submit two names. Upon motion duly made and seconded, it was voted to re-appoint George W Emery as anuAssociate Member of the Historic Districts Com- mission for a five year term to January 1, 1974. Mr Greeley mentioned that the Lexington Responsibility Commis- sion is to meet with the Board on April 28; unfortunately, he is Respon, unable to attend the meeting There are specific items to be dis- Comm. Illcussed, including the attachment to the School Construction contract J and a By-Law change; they feel that they would do both of these to- gether, the support would be better for the school if the By-Law came at the same time; they have arranged to submit both at this Town Meeting The Chairman said that they could have the Article and the Board would insert it, whether we would support it or not Mr Greeley said that it was very important for the Board to support it. Another date was discussed and it was agreed to meet with the Responsibility Commission on May 4, at 9 00 P.M Mr Kenney said that the Board had previously adopted the regulations of the Air Pollution Committee regarding burning in Leaf the streets. Burning It was agreed that Mr Gray would put a notice in the news- paper reminding the citizens that permission must be given to resi- dents for each day of burning, and there would be no burning on the streets Chief Corr is to be contacted and requested that firm action is to be taken with violations of the regulations. Mr. McSweeney discussed the sidewalk on Grassland Street and whether it should be constructed according to the recommendation pf the Engineering Department. He said that the policy has been to in- clude the sidewalk because of economics; we are building the side- walk to service people other than the abutters. Three residents of Grassland Street were present at the meeting and asked to be heard The Chairman informed them that two hearings have been held on Grassland Grassland Street and this is not another hearing Street One gentleman said that their contention is, it is not the side- walk, it is the 30' street. In previous meetings, we were for the sidewalk for the future but do not realize the need for a 30' street; it should be 24 feet A sufficient amount of trees would have to be removed and 6' extra is an added expense. The Chairman said that we require a 30' pavement on a 50 foot layout We have to consider beyond the summer, during snow removal, where do you put the snow? This is one of our problems All of our specifications are for 30' and We don't like to make it 24' ; we don't want to cut the trees The gentleman said that this was not the provision when his house was built. He could see 30' on Spring Street, but not Grass- land Street He does not want to see cars racing down the street; we don't need it The Chairman said that there would not be more cars, whether 24' or 30' We fight to get this and then we have to fight with you. He asked if they would rather leave it the way it is or pave it? The gentleman replied that he would like it to be 24' ; rules are made to be broken. Mr Greeley said that, as he understands it, ,if the pavement has to be 30' , you would rather not have the sidewalk; if it were only 24' , you would reluctantly be happy with the sidewalk 253 The gentleman said that their position hasn't changed then. The residents retired from the meeting. The Chairman asked the feeling of the Board. He said that our general specifications and approach is to live by the specifications of the Planning Board Mr. Greeley said that they would let it go at 24' for a cul-de- sac; this is not now, or in the future, a cul-de-sac. The Planning Board has specifications for a 30' setback for the house, but this pattern is for a 20' to 25' setback, rather than 30 feet. A 24 foot pavement is comfortable for two moving lanes, 30' allows cars to peas. Mr Gray said that the Traffic Study Committee feels that side- walks should be built on all new streets; their recommendation would be 24' with a sidewalk, rather than 30' without a sidewalk The Chairman said he felt that the people would make a mistake with 24 feet. Mr Gray agreed Mr Kenney asked about 26' or 28'? Mr McSweeney said that there should be at least 3' for snow re- moval. Mr Mabee made a motion for a 30' pavement with a sidewalk Mr Greeley seconded the motion Mr. Kenney moved to amend Mr Mabee's motion; the amendment to be for a 24' pavement and 4' sidewalk Mr Bailey seconded the motion The amendment did not carry It was voted, three to two, to carry Mr Mabee's motion for a 30' pavement with a sidewalk Mr Kenney and Mr Bailey were recorded in opposition The Chairman said that all reconstruction of streets include tree planting in the initial design; this should be adopted as a policy. The board agreed Mr. Greeley suggested that the Board ask the Planning and the Traffic Committee to re-study the sidewalks and pavement; to see what is on these old streets coming before us and, not only streets like this one, but also Chapter 90 streets like Spring Street He would like to ask them and have them come back with some policy recommenda- tions. Mr. Kenney asked if the Board would consider 28' with a sidewalk? The Chairman said to leave it the way it is; he asked Mr McSweeney to look at the situation and come up with the width; if reducing the width to 28' would save a number of trees he has the authority to do so Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Ex$c• matters which, if made public, might adversely affect the public secu- Session rity, the financial interest of the Town or the reputation of any person I 254 After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. The Chairman said that a letter has been received from Mr Robbins, informing the Board that he will finish his term as Fire Commissioner and does not wish to be re-appointed Upon motion duly made and seconded, it was voted to appoint Alden F. Stouke as Fire Commissioner for a three year term ex- piring May 1, 1972 Mr McSweeney requested the Board to award the contract for interceptor sewers, force main and pumping station to the low bidder, P. Gioioso & Sons, 38 Robinson Street, Dorchester, in the amount of $126,050 Upon motion duly made and seconded, it was voted to award the contract for the interceptor sewers, force main and pumping station, to P Gioioso & Sons, in the amount of $126,050 Upon motion duly made and seconded, it was voted to adjourn at 1040 P M A true record, Attest ecutivelj Clerk , I e�i„) SELECTMEN'S MEETING April 24, 1969 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Thursday morning, April 24, 1969 at 8 30 A.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Gray, Executive Assistant, and Mrs McCyttdy, Executive Clerk, were also present The Chairman informed the Board that the Treasurer has received bids to borrow $1,000,000 in anticipation of taxes and requests the Board to approve and award the bid to the lowest bidder, the First National Bank of Boston, at the rate of 4.17 per cent, discounted Bids were received from seven other banks, ranging from 4 20 to 4 51 , discounted Upon motion duly made and seconded, it was voted to award the bid to the First National Bank of Boston to borrow $1,000,000, at the rate of 4 17 per cent, discounted. Upon motion duly made and seconded, it was voted to adjourn at 835 A M I III A true record, Attest g4e7-7/-7-x- -)22 'E Executive Clerk, Selectmen / r _ 5b SELECTMEN'S MEETING April 28, 1969 , A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 28, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney and Bailey were present Mr Legro, Town Counsel, Mr Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present At the request of the Town Clerk, three jurors were drawn as follows• Jurors Stanley J Hydrisko 20 Homestead Road Joseph Belcik 69 Valleyfield Street Artie Barsamian 253 Woburn Street Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduits on Waltham Street Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner's plan and also filed with the Town Engineer Mr Dunn representing the Telephone Company said that this petition is to extend the conduit put in two years ago; we are now picking them up in front of the Telephone Company building, start- ing at Massachusetts Avenue; we don't have to cross Massachusetts Avenue as we have already crossed it It will feed Massachusetts Avenue, both ways, down as far as Vinebrook Street, on the left Under- hand side; we are bringing it in under the sidewalk. ground Mr Kenney asked about access to the stores? Conduit Mr Dunn said that there would be no blockage at any time; it will be back-filled and there would be a whole new sidewalk, re- placing the present one No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone and Telegraph Company to lay and maintain underground conduits in the following location. Waltham Street, Southwesterly, then westerly, from Massachusetts Avenue, approximately 402' of under- ground conduit. Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduits on Metal Ave Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner's plan, and also filed with the Town Engineer 257 Mr Dunn, representing the Telephone Company, said that the petition is for underground conduit on Massachusetts Avenue from Wood Street to the Lexington-Lincoln Line. The conduit there now is plugged and there is a need for more conduit; we will do it all now, so that there will not be interference in the future; Lincoln has already granted permission. The Chairman asked if this is the same route we were discussing on Edison poles to service Honeywell Company? Mr. McSweeney said that this has no bearing. The Chairman asked what the status is of the other proposal and if there would be room for Edison to come down? Mr McSweeney said that Edison is across the street and there is room for them to come down. The Chairman asked if there were any questions to be asked. Mr Benjamin Zerby, Superintendent of Minute Man National Park was present and said that the Town Engineer and Mr. Zaleski were fami- liar with the long range planning about the Town vacating old Massa- chusett§ Avenue and the Park Services will also do so. He said that, as he looks at the plan, it looks like old Massachusetts Avenue to him Mr Dunn said that it is; we are going down because of the exist- ing conduit there. Mr Zerby said that there are some areas greater than the depth of the trench If we fill in, we would fill in more than the Tele- phone Company wants Mr. Dunn said that we go down 4' and there is a 2' ' cover, all encased in concrete Mr Zerby said that later on I might have to pay damages to re- place a line Mr. Dunn said that the Town Engineer has plans and you should go to him before you start excavating The Chairman said that it is a question of who is going to lower or raise it. Re asked Mr Dunn if he would have any objection? Mr Dunn said that it could be written in the permit. The Chairman said that we will make this a condition of the per- mit, that there is no charge to the National Park to lower or raise; it shall be done at the expense of the Telephone Company. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Telephone Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the following public way or ways; subject to the stipu- lation that if the Minute Man National Park ever requests the change or relocation of a conduit line, it shall ,be done at the expense of the New England Telephone Company, as agreed Massachusetts Avenue Northwesterly and westerly from M.H 54/89 at Wood Street, approximately 4373 feet of underground conduit; also, three (3) new manholes 54/201, 54/202, and 54/203; also two rebuilt manholes 54/89 and 54/94 L. 25S Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduits on Hartwell Avenue and Maguire Road. Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner's plan, and also filed with the Town Engineer Mr Dunn, representing the Telephone Company, said that this is to pick up an existing conduit from our manhole on Hartwell Ave- nue and bring it into the services of Itek on Hartwell Avenue, solely for the Itek Corporation Mr McSweeney said that he had checked this out and it services the new building, is all within the right of way, none on private property No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone and Telegraph Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the following public way or ways Hartwell Avenue Northwesterly side, from manhole 54/121 northwesterly, approximately 55 feet of underground conduit. Maguire Road Prom Hartwell Avenue, northwesterly, approxi- mately 265 feet of underground conduit. Hearing was declared open upon petition of the New England Telephone and Telegraph Company and Boston Edison Company to place one hip guy and anchor from a pole located approximately 653 feet Hip Guy north of Diana Lane on Hill Street and Anchor Mr Pratt, representing the Boston Edison Company, said that this petition is to maintain and strengthen the support of our line and we would like to place it back; the hip guy will fall within the street. The only abutter is the Lexington Golf Course Mr Dunn said that this is within an area of all trees, which line the street. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone and Telegraph Company and the Boston Edison Company to locate the following Hill Street, from a pole located on the westerly side, approximately 653 feet north of Diana Lane, one hip guy and anchor. Hearing was declared open upon petition of the Boston Edison Pole In- Company to install a pole on Harrington Road stallation Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner's plan, and also filed with the Town Engineer, 259 Mr Pratt, representing the Boston Edison Company, said that this pole is to be installed to close the circuit between Bedford Street and Hancock Street within that little island. Mr McSweeney said that the Telephone Company is making an underground crossing The Chairman said that the pole would be standing out all by itself. He asked if the Edison Company would want a guy on the tree? Mr Pratt said that he was alerting them that his company would want a guy No one appearing in favor or in opposition, the Chairman de- clared the hearing closed After discussion, it was agreed to deny the petition. Upon motion duly made and seconded, it was voted to deny the petition of the Boston Edison Company to install a pole in the follow- ing location. Harrington Road, southerly side, approximately 13 feet east of Bedford Street, one (1) pole Rearing was declared open upon petition of the New England Tele- phone and Telegraph Company and the Boston Edison Company to install a pole at Carley Road Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner's plan and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, said that this petition is for the relocation of a pole at his driveway at the request of a customer No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company and the Boston Edison Company to install a pole at the following location. Carley Road, southeasterly side, approximately 170 feet southwest of Reed Street One pole (one existing JO pole to be removed ) Mr Legro informed the Board that the contract with P Gioioso & Sons for the interceptor force main and pumping station was re- Gioioso ceived late today; he noticed one omission ofa seal and Mr McSweeney Contract said that it was all right; he would prefer to hold it and will deliver it to Mr McSweeney for a seal. Mr Gray reported to the Board that he had discussed with Mr. Aiden Ripley the possible loan of the painting, Dawn of Liberty, Mr Loan of Ripley examined it and, in his professional opinion, it should be Painting lined or backed to stiffen it As the painting is very old and fairly large, there would be a great amount of risk in moving it as 260 it might chip Mr Ripley's personal opinion is that the painting 111 should not be moved Mr Gray said that he had checked with the Boston Museum of Fine Arts and Mr Finlayson said that it was very risky to move a painting of such a size. He said that, from the experience of the Museum, some paintings had been shipped and they were damaged and couldn't be restored The Chairman said that a letter has been received stating that the painting belongs to the Historical Society In the Chair- man's opinion, the painting should not be moved. Mr Gray said that Mr Ripley suggested that the Board con- sider having the painting cleaned; it would cost between $400 and $600. The Chairman said that we should examine some of the Trust Funds for money to do this. It was agreed to write to Mr William Cox of San Diego, Cali- fornia, and inform him that we regret that we will be unable to send the painting to the exhibition of the San Diego 200th Anni- versary Mr Gray informed the Board that he had received a call today from Mr. Taylor regarding the building at the Reservoir They have retained an Architect and Mr Taylor pointed out that the money was issued to the Board of Selectmen If we decide to go ahead with the project, we could advertise and have the plans and specifica- tions here The Chairman asked about the utilities Mr Gray said that the water and sewer are to be installed. Mr Burke talked to the Edison Company and he was told that it would take time and would run up to approximately $25,000. Mr Burke will look into it and will get a firm price for overhead wires The Chairman said that this makes a difference; we don't Reservoir have that much left to build the building Building Mr Kenney said that the price seems high; he asked, why? Mr. Burke said that he didn't know; they have to put in transformers Mr Cortell is going to go over everything on Wed- nesday The Chairman said that, before the bid is put out, find out what it would cost us to service it Hold up on the bids Mr Burke said that it might be more practical to put in a standby generator for part-time usage The circulating equipment is not used while they are swimming The Chairman said that is worse; it would be running at night It was agreed to hold the bids for the Reservoir until Mr Burke has checked out the Figure on the electrical service Mr. Burke informed the Board that bids had been opened on April 18, 1969 for catch basins. He recommended that the con- Catch Basin tract be awarded to George Pierce, Jr of Leominster for 4800 Bids catch basins at $1 50 per catch basin Upon motion duly made and seconded, it was voted to award the contract to clean 4800 catch basins at $1.50 per catch basin to George Pierce, Jr , of Leominster 2t 1 11 Mr Burke said that we are getting a number of calls from people living on unaccepted streets to have the sand swept off the streets He understands that it is the Board's policy not to sweep unaccepted streets but there is a heavy accumulation of sand We do plow unaccepted streets and sand them. It might be well not Street to do this as we are behind on sweeping our own streets Sweeping Mr Legro said that there is the possibility of potholes on unaccepted streets. The Chairman said that he would rather see some sort of lan- guage come out on safety conditions; rather than make a blanket statement that we sweep unaccepted streets It was agreed that the Board take the matter under advisement. Mr Burke informed the Board that he has one employee who has been out of work for five weeks due to a bleeding ulcer He will not be able to return to work until May 12 and he has run out of sick leave for a two week period He had twenty-two sick leave days as of the first of the year On March 24, he went to the hos- pital to be operated on and, also, he has a considerable amount of shrapnel in his body He requested that his sick leave be extended Upon motion duly made and seconded, it was voted to extend the sick leave of Hervey P. Beaudoin, 175 Lowell Street Mr McSweeney said that the Board has requested him to con- tact the DPW regarding a scheduled hearing on May 27 on the relo- cation of Route 2A in Lexington and Lincoln. The hearing has been cancelled and a meeting is to be held on May 13; letters will be sent out to the Board giving us the opportunity to review the plans for the first part of June The Chairman said that the Design Advisory Board and the Plan- ning Board met this morning on Lexington Center The Center Commit- Lexington tee wants more time; we agreed to give them another week and come Center back next Monday evening and resolve this Mr Gray said that a meeting has been scheduled for Thursday evening. Upon motion duly made and seconded, it was voted to grant per- mission to the Baseball Youth League to hold a parade on Saturday, Permit May 3, 1969, starting at 1 30 P.M from the Munroe School to the ball field The Police Department will be requested to provide a Police Escort Upon motion duly made and seconded, it was voted to sign a Private private livery license for Raymond E Dalrymple, 6 Sheridan Street Livery Lic Upon motion duly made and seconded, it was voted to sign a Cert of Certificate of Incorporation for Herbert Stotts, 11 Hunt Road, Inc. "Beacon Hill United Ministries, Inc " Ilt 262 Upon motion duly made and seconded, it was voted to sign an Abatement ambulance abatement for Thomas Deveney, in the amount of $10 00, as requested by the Acting Veterans' Agent Upon motion duly made and seconded, it was voted to sign an Abatement abatement for a sewer house connection for Herbert Mehlhorn, 2 Preston Road, in the amount of $37 43; billed in error. Upon motion duly made and seconded, it was voted to sign water Abatements abatements for Pond Realty Trust, $35.00 and Edward F. McDonnell, $34 65, billed in error Upon motion duly made and seconded, it was voted to defer pay- Morrow went of sidewalk betterment assessment of John Morrow, in the amount Assessment of $884, for a period of three years. Upon motion duly made and seconded, it was voted to grant a de- Doran ferment of payment of sewer betterment assessment, for a period of Assessment three years to Robert E Doran on lot 62-23 Holmes Road, in the amount of $1,050.17 The Chairman read a letter from John Morgenstern, 6 Graham Road, requesting abatement of sewer betterment assessment in the amount of Morgenstern $1,419 13 Sewer Mr. Gray said that he has requested abatement because of the Assessment odd shape of his lot Other people on the street are paying over $1,000 00 but he has an unusual condition that they don't have. Mr McSweeney said that if he is granted en abatement, he will be lower than the others on the street. He recommended that an abatement not be granted Upon motion duly made and seconded, it was voted to deny the request for an abatement of sewer betterment assessment on the prop- erty of John Morgenstern, 6 Graham Road. The Chairman said that Mr. Heustis has been representing Lexington at the meeting concerning the increased County assessments Middlesex for the Middlesex County Hospital. He has given us the resolutions County voted by the group and requests the approval of the Board on Motions Hospital 1, 2 and 3 which are as follows. 1. MOVED- That it is the consensus of this group that a petition should be submitted to the Rate Setting Commission es- tablished under Section 30L of Chapter 7 of the General Laws appealing the rate established for payments to the Middlesex County Hospital under the procedure set forth in Section 30 0 of said chapter. 2. MOVED- That it is the consensus of this meeting that a petition be submitted to the county commissioners of Middlesex County on behalf of all the cities and towns in the Com- monwealth requesting a review of the rules and regulations 263 concerning admission of patients, the method of reim- bursement and the charges for their care and treatment so that the County Commissioners, Acting as Trustees of the Middlesex County Hospital will permit the admis- sion of patients from outside of Middlesex County only if the entire pro rata share of the costs of the care and treatment is paid by the county, city or town where they reside 3 MOVED. That it is the consensus of this meeting that a petition should be prepared to be signed by the executive officers of all of the cities and towns in Middlesex County, which petition will request county commissioners to convey the Middlesex County Hospital to the Commissioner of Public Health acting in behalf and in the name of the Commonwealth in accordance with the provisions of Section 83 of Chapter III of the General Laws Upon motion duly made and seconded, it was voted to approve Mo- tions 1, 2 and 3, as requested by Mr. Heustis, and to so inform the Mayor of Newton Upon motion duly made and seconded, it was voted to issue a Proclamation proclamation declaring May 1, 1969 as Law Day USA. The Chairman read a letter from the Director of Public Welfare requesting $500 from the Bridge Charitable Fund for summer camp for children who have been under the guidance of the School Counselor and Summer the Mystic Valley Mental Health Association. Camp Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to transfer the sum of $500 from the Bridge Charitable Fund to the Welfare Department, to be used for summer camp for children who have been under the guidance of the School Counselor and the Mystic Valley Mental Health Association Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on April 14, 1969 Minutes The Chairman read a letter from the Conservation Commission re- questing that legal work necessary for acquisition of the six parcels of land included in the HUD application, be done and plans to be fur- nished The Chairman said that we made it quite clear to the Conserva- tion Commission what Town Counsel needed to begin his work Mr Legro said that the letter says there are six parcels; ten Conservation parcels were voted at Town Meeting and we should ask them which ones Commission they are talking about The Chairman said that we asked them what options carry plans so that there would not be duplication of work 264 It was agreed to write to the Conservation Commission re- questing that the six parcels of land to be acquired are identified with the Article number and which parcels have options which re- quire the owner to supply the plan The Chairman read a letter from the Conservation Commission requesting that an Article be inserted in the June Town Meeting to Consv change the number of members on the Conservation Commission from Comm. five to seven members The Chairman said that we will schedule a meeting with the Conservation Commission for next Monday evening to discuss this Later on in the meeting, the Articles were discussed and it was moved by Mr. Mabee to insert the Conservation Article in the Warrant Upon motion duly made and seconded, it was voted to insert the Conservation Article in the Warrant for the June Town Meeting. Mr Cataldo was recorded in opposition It was agreed to contact members now serving on Boards and Appt' s Commissions to see if they are willing to serve another term. The appointments will be made on May 5, 1969. Mr Kenney asked about the intersection of Massachusetts Ave- nue and Worthen Road Mass Ave The Chairman said that we have talked with the State and dis- Worthen Rd cussed this intersection many times. Intersection Mr. Kenney said that the stop signs are poorly placed. Mr Gray said that the Traffic Safety Committee will discuss it and, if they come to any conclusions, he will report to the Board on May 5, 1969 Upon motion duly made and seconded, it was voted to go into , Exec. Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputa- tion of any person. After discussion concerning a new Town Committee, it was voted to resume the open meeting. The Chairman said that the Board has discussed the budget ap- proved by Town Meeting for the Juvenile Services Account, which Drug Ad- covered the area of drug abuse. We have been considering many ways visory of improving the program and the Board will establish a Drug Ad- Committee visory Committee to assist them in the implementation of the Town Meeting vote The Committee is to be known as the Drug Advisory Committee and will consist of five members, two members of the Board of Selectmen and three citizens This Committee will advise the Board on the use of these funds, i.e , who is to be hired, etc. Upon motion duly made and seconded, it was voted to establish a Drug Advisory Committee, consisting of five members, two members of the Board of Selectmen and three citizens at large 2 (3 55 Upon motion duly made and seconded, it was voted to appoint Irving Mabee, Allan Kenney, Dr Charles E Ellicott, Rev, Richard Lund and Sumner Perlman as members of the Drug Advisory Committee for a term of one year, effective May 1, 1969, Mr Mabee to be Chairman Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect the Session public security, the financial interest of the Town or the reputa- tion of any person After discussion concerning matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11 12 P.M A true record, Attest gie-cr.-tn,-- Executive Clerk, Selectmen 1 d ,irc,'i G 111 265 SELECTMEN'S MEETING May 5, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 5, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, Mr McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Hearing was declared open upon petition of the Boston Edison Company tolocate one pole, guy wire and anchor on Hartwell Avenue. Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner's plan, and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, said that the petition is for the line going into Instrumentation Laboratory and there is need for a pole with a guy in order to hold the line No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to appgove the following location, as petitioned by the Boston Edison Company- Pole Hartwell Avenue, southeasterly side, approximately 855 feet Locations northeast of Wood Street - One pole, guy wire and anchor Hearing was declared open upon petition of the New England Telephone Company and the Boston Edison Company to locate one pole at East Street, southerly side, at Ridge Road. Notices of the hearing were mailed to the petitioners and owners of property as listed on the petitioners' plan, and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, said that the petition is to eliminate two poles from private property and eliminate a wire crossing at Ridge Road There is an existing pole and Mr Buss wants two poles removed The Chairman read a recommendation from the Town Engineer which recommended that the petition be denied as there was insuf- ficient detail on the plan provided by the Boston Edison Company to determine the proposed location in the field; it appeared that the new location would be too close to the corner of Ridge Road. After discussion, it was agreed to instruct Mr Pratt to talk with his engineering department and submit a new location. Upon motion duly made and seconded, it was voted to deny the joint petition of the New England Telephone Company and the Boston Edison Company to locate a pole on East Street, southerly side, at Ridge Road 261 Mr. Gray informed the Board that M DeMatteo Construction Company had supplied a surety bond, in the amount of $25,000, for the 1967 project on Lincoln Street. He requested the Board to re- Surety lease the bond, as the project has been completed Bond Upon motion duly made and seconded, it was voted to release the surety bond supplied by M DeMatteo Company, in the amount of $25,000 Mr. Gray informed the Board that a letter has been received from Mr. Stolz of Brewer and Lord Insurance Agency regarding the inquiry concerning accident insurance for Boy Scouts. There are three plans available. Mr Gray said that the Boy Scouts working on Town property should be covered in each Council. From the Town's standpoint, we would have to survey all of the lands in- volved and this would entail quitea bit of work. It was agreed to write to the Planning Board informing them that each group of Boy Scouts working on a project involving Town land must be covered by accident insurance and, if so covered, the Board of Selectmen would endorse the projects Mr Gray informed the Board that Mr Essarian had contacted the Town regarding the sale of four tax title lots on Grandview Avenue. Mr. Ryan of Eastern Avenue has also offered to buy one of these lots to enlarge his property, and Mr Rleeburg of Eastern Avenue is interested in buying the other three Mr Gray showed a plan and a copy of the proposal submitted by Mr Essarian, which was approved by the Planning Board Mr Essarian had originally offered $1,000 and now offers $1500 Tax Title Mr Greeley said that he wants to enlarge the lot on Carmel Grandview Circle so that it is large enough to sell. Avenue The Chairman asked if we had the right to close off Grandview Avenue? Mr Gray said that he had told Mr Essarian that if the Board did approve the sale, he would only be able to sell the lots in question The Chairman asked if the Planning Board is recommending that we buy a piece of land from him; he owns the whole subdivision. Mr. Greeley said that the Planning Board made Mr. Jenkins and Mr Outhet leave room for Carmel Circle with the expectation that Mr. Essarian develop the land He originally talked that if he could get this land at the Circle, he would be happy to sell the land at the water tower The Chairman said that Mr Gray can find out the thinking of the Planning Board on buying the land Maybe we can satisfy both people by selling one lot to Mr Ryan Mr. Gray said, apparently, Mr Essarian feels that he would need this lot The Chairman instructed Mr Gray to talk with Mr Zaleski on the status of this part of Grandview Avenue and, also, swapping a 111 piece of land with Mr Essarian, and report back to the Board C l/ Mr Gray informed the Board that the Traffic Safety Committee Mass Ave had a meeting to discuss Worthen Road and Massachusetts Avenue in- Worthen Rd tersection He reported that there were no recommendations at the Traffic present time, but additional traffic counts are being taken; he will report back to the Board with recommendations. Mr Gray gave a report on the Reservoir. *He said that he, Mr Burke, Mr. Certell and Mr. Taylor had met to discuss the pro- ject It will cost between $3500 and $4000 for the installation of overhead electric service to the bathhouse; the electrical controls would be down near the dike; they also want a 12 per cent guarantee on the use of power, which would be a $450 or $500 guaran- tee. Last Wednesday morning, there was a meeting at the Reservoir to discuss the location of equipment It was left that Mr Cortell would make contacts on one piece of equipment and Mr. Burke on the other. Mr Burke called the distributor and was told that they are no longer manufacturing this piece of equipment, as it has not proven satisfactory Mr. Cortell felt that this information was wrong and efforts. were made to contact the factory. It was found that the reason it Is no longer manufactured is that there is no demand for it, and the company is going into more lucrative fields. Mr. Cortell is attempting to procure three of these units, two for Lexington and one for Arlington from Goodwin Hydrodynamics, Weirs Beach, New Hampshire, and expects an answer on the availability some- time tomorrow or. Wednesday. He was also informed that there was one unit in Needham, manufactured by Avco Company, a much larger and heavier unit; it can only be used during non-bathing periods; the unit is detrimental to youngsters, as the pressure is too great. The original proposal was for $2400 each and he is checking the cost, plus availability of the equipment Mr Gray said that we have been putting in sand and the cost is between $7,000 and $8,000. It has been discussed with Mr Cataldo as to whether we should continue the sand operation if the equipment P isn't available; if we don't have it available, we won't be able to s use the Reservoir Mr. Burke said that Mr. Cortell said if the equipment is not available, he could supplement its use by aeration equipment; this is in addition to what is to be procured from Goodwin $500 for a unit that provides oxygen for circulatory equipment from Hinde En- gineering Company of Illinois. Mr Burke was asked if this is hard to get? Mr Burke said that it is something that is not in demand, it is a water moving equipment powered by a five horsepower engine and is supposed to circulate 1500 gallons of water. The Chairman asked what the estimated costs are? Mr. Gray said the costs are broken down as follows $10,000, building; $4,000, electrical services; $8,000 sand; $4,800 for two pieces of equipment, plus $500 for the compressor; $3400 for sewer and water; $1,000 equipment The Chairman said that if we can't get these two pieces of equipment, the area is not going to be used Do we want to spend $10,000 for it to just sit there? * He said that the Board had voted to hold up on the advertising of the rest room building. 2E9 Mr Gray amid that, without some kind of equipment to move the water, the State is not going to let us use the Reservoir. Mr Burke suggested continuing with the sand operation and hold the advertising of the building; if we get a positive answer from Mr. Cortell. we can go ahead The Chairman said, what is the advantage, you age going to lose the sand Mr. Burke said that we can leave the water level down; if we get the sand down, we can leave the gate partially open Last Novem- ber, it was $1 25 on sand and it has gone up 50 a ton; the same thing will happen next year Mr Mabee said that he would go along with Mr Burke; put the sand in and hold it at that point Upon motion duly made and seconded, it was voted to continue the sand operation and hold at that point until figures on the equipment are received from Mr Cortell. The Conservation Commission met with the Board. The Chairman said that the Board would like to discuss the re- quest from the Commission to place an article in the Warrant to in- crease the size of the Conservation Commission from five to seven members. We would like to keep the Warrant down to a minimum and ww would rather put in the bare necessities Mr Smith said that, as far as the Board's approach to keeping Conserva- Town Meeting short, if the Selectmen agree with us, it wouldn't tion Comm. III take more than three or four minutes at the Town Meeting. We feel that, with seven members, we could delegate different areas of con- cern to members and the Chairman could say that this is in this member's province. Other areas could use additional help; you raised the possibility of Associate Members and the question was raised that if a conflict of interest should arise if we wanted to disqualify ourselves, we could; it is good and works with the Board of Appeals but the more we discussed it, we don't seem to operate that way; we don't have a hearing setup We are a working Board for every meet- ing for ten meetings and we don't feel that Associate Members would work as we can't step aside and bring in a new member; our problems are making decisions as much as carrying them out and we feel that seven members are better than five Mr Mabee asked if the Conservation Board was unanimous on this? Mr Smith said that we feel that if there is an objection to seven members, we will discuss it We are a statutory commission and can have from three to seven members; we voted to have a com- mission of five and have to go to Town Meeting to increase it. The Chairman said that he, personally, felt that there would be more headaches with seven than five members Mr Smith said that as long as there is objection frog the Selectmen, we ought to sit back and think about them and come back, Mr Kenney said that we have no objection to going to Town Meeting; he personally, didn't think it is a good idea; we really 111 should think about it T7 () Mrs Frick said that she felt there should be Seven mem- bers as they are operating insufficiently and they need more people. Mr. Kenney said that if they feel they are operating insufficiently, try re-organization, first. Mrs. Frick said that if they had a couple of more people working, they could work together The Chairman asked if the Conservation Commission is with- drawing the Article? Mr Smith said that they would discuss it and give their answer later on this evening. Later on in the evening, the Conservation Commission re- quested that the Article be withdrawn. Upon motion duly made and seconded, it was voted to app prove the request of the Conservation Commission to withdraw their Article for the June Town Meeting. Upon motion duly made and seconded, it was voted to sign Abatements the abatements for 1968 ambulance bills which are uncollectable according to the Tax Collector, in the amount of $139.00 Upon motion duly made and seconded, it was voted to sign the Chapter 90 Memorandum of Agreement between the State DPW and the Town of Lexington, in the amount of $4,501 00, for Chapter 90 maintenance work for 1968 Upon motion duly made and seconded, it was voted to grant Permit permission to the 4-H Club of Lexington to hold the annual horse show at Willard's Woods on June 8, 1969, subject to the restric- tions of the Superintendent of Public Works and Chief of Police. Upon motion duly made and seconded, it was voted to write Permit the Veterans of Foreign Wars, Lexington Post' No 3007, that the Board of Selectmen has no objection to the sale of poppies in the Town on May 22, 23 and 24, 1969 Upon motion duly made and seconded, it was voted to sign Cert of the Certificate of Incorporation for Neil L Chayet, 272 Concord Incorp Avenue, "The Boston Family Institute, Inc " Upon motion duly made and seconded, it was voted to approve Bond Bond No 93-51-96 for the Assistant Town Treasurer, in the amount of $25,800. Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen's Meetings held on April 7 and April 24, 1969 The Chairman read a letter from Mr Brooks of the Youth Em- Y.E S. ployment Service of Lexington High School, requesting permission for an Arts and Crafts Sale in fronttof the Visitors" Center on May 31, 1969 from 9 00 A.M. to 4 00 P.M 2 It was agreed that Mr Gray is to talk with Mr Brooks to III find out who would be responsible for the group if a permit is granted Mr Gray is to report back to the Board at the next meeting Thehairman informed the Board that annual appointments C pp must be made to various Boards and Committees Upon motion duly made and seconded, it was voted to make the following annual appointments Board of Appeals George P Wadsworth March 31, 1974 Board of Appeals Ruth Morey March 31, 1970 Associate Members Robert H Farwell Logan Clarke, Jr John J Blaisdell George W. Emery Woodruff M Brodhead Gammel Legacy Income Trustee James E Collins March 31 , 1970 Standing Plumbing & Building By-Law Committee Richard W Souza April 30, 1972 Recreation Committee Robert E Bond April 30, 1972 Annual ' App'ts. Town Celebrations Committee Eleanor B Litchfield April 30, 1972 Mrs Haskell W Reed James Fenske Registrar of Voters Reed Kingston Taylor March 31, 1972 Mr Lincoln P Cole, Jr met with the Board. Mr Cole said that the Center Committee has had two meeting on the Center and the following is a report of our findings: 1 The Committee believes that the present plan is the best com- promise that could have been achieved considering all interests and that this plan was the one of which the Town Meeting was aware at the time of appropriating the money for the center 2 The Committee recommends, therefore, that the present plan be implemented If the Board of Selectmen cannot accept our recommendation, then, 3 Any major revision of the plan should be the result of a new study and presentation to the Town Meeting In the opinion of the Committee, any such re-design would necessarily require the elimination of parking for at least 200 feet either side of Waltham Street along the north side of Massachusetts Avenue. ArI Mr Cole said that, since he is no longer a member of the Center Comm Board of Selectmen, he would like to be relieved of his duties Resignation as a member of the Center Committee. Re recommended that the Chairman, or his designee, become a member of the Committee. The Chairman thanked Mr. Cole for serving on the Committee and for all the time and effort spent on behalf of the Town. Upon motion duly made and seconded, it was voted to accept the resignation of Lincoln P Cole, Jr as a member of the Lexington Center Committee Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliber- ating or voting on matters which, if made public, might ad- Executive versely affect the public security, financial interests of the Session Town or the reputation of any person After discussion of matters concerning a Committee of the Town, it was voted to resume the open meeting. The Lexington Commission on Suburban Responsibility met with the Board. The Chairman said that he would like to get the ground rules on our relationship and operation of the Commission squared away I am sure Mr Greeley brought back to you that we feel that things should be handled differently. The Commission is an Advisory Board to the Selectmen; you may do all the research you want, in any area, and we will help in any way we can In the line of communications, if you have a recommendation to make or a project to attempt, come to the Board and make the recommenda- tion. If the Board feels that this is the direction you should go and would endorse it, we could then put it forth If, on the other hand, the Board doesn't want you to pursue, the Commission, as such, will no longer be involved, but members, as individuals, could do as they see fit; but not as a Commission any longer. L.C.S.R Mr Skov said that they have been having informal meetings in homes with teachers and METCO parents, and asked if they should have cleared this with the Board? The Chairman said that research in any area is fine If, as a result of research, you wanted to do something, then come to the Board and we will discuss it, such as the recommendation for supporting the appropriation of money for bussing The Board wrote the Congressional leaders to support your position Mrs. Skov asked about fact-finding; this is an affair of action The Chairman said that any action you take to make a change should come to the Board You requested the Planning Board to insert an Article in the Warrant and that sort of request should come here; if the Board said not to put it in the Warrant, the Planning Board might. Any research, discussion groups, fine, bit a formal change, come to the Board 2 e`- Mr Edgar Smith said that he was confused as they are not supposed to be acting individually; what are we in terms of re- lationship not only to the Board of Selectmen but other areas? The Chairman said that, as originally set up, you are an Advisory Commission to the Board of Selectmen Mr Smith said that you are saying that the Commission can- not act independently of the Board Mr Greeley said that the Commission may not commit the Town from the point of view of the Commission, or do something; it can- not speak for the Town as a matter of policy or action. The Chairman said that we look to the Commission as speaking for the Town during research, you are talking for the Town and we don't want you to take the position that you are an official leg of the Town, we appointed you and expect you to be a representa- tive of the Town Mrs. Skov asked if, as a Commission, they have a position on an issue and present it to the Board of Selectmen with a re- quest to go forward, would we be going forward on a Commission matter of Selectmen's matter, ours or yours? The Chairman said that it would be a combination of both, the recommendation of the Commission, supported by the Board If you came in with the recommendation to go forward on the hous- ing on Woburn Street, we would have asked the Planning Board, At any meeting you would be representing the Board of Selectmen. We would like to have a definite understanding and we could be of more help to you under these conditions, rather than go separate ways Mr Greeley said he hoped that the members of the Commission would ask questions Somehow, the zoning amendment for housing on Woburn Street got before the Planning Board without coming to the Selectmen; it would have been more in line to have requested the Selectmen to do it On the school, it was important enough to ask the Selectmen. The Chairman said that he would hate to have them go to the School Committee and say that we recommend this and that This Board should know about all areas in which you are involved, especially expensive areas, and we can get something accomplished. The Chairman said that in regard to the Warrant, because of the lateness of time, we agreed to put the two Articles in, whether we supported them or not. What do you expect to accomplish with two separate Articles? Mr Michelson said that one of these Warrant Articles is in- tended to support a motion directed specifically to the Junior High project and would have simply authorized the Permanent Build- ing Committee to oversee the execution of that project to enter into negotiations with the contractor; that contractor would agree to engage in increasing the number of minority people A motion which that article could cover might intend to authorize the Per- manent Building Committee on these negotiations to treat specific requests it might make by the contract change order and the possi- bility to add on to the contract price and make the appropriation some specified sum of money; that is Article A 274 The other Warrant Article is intended to make an addition to the General By-Laws of the Town. It is different in tenor and significant to the other one; it doesn't apply to one single con- tract but to all the Town might make. It is a By-Law to continue in a comprehensive way the Town's business. The motion would ask to amend the By-Laws by authorizing but not requiring them to conduct business in a way similar to what we had in mind with the Junior High School, with the general qualification subject to support; specific agreements made on specific occasions, made at Town Meeting The Chairman said that your intent is if we have a sewer job and no appropriation as such on Exhibit A, this does not apply Mr Michelman said that the Department of Public Works would be authorized to bargain with the contractor; unless Town Meeting had made an appropriation, it would not have authority to spend for town funds for their training The Chairman said, your interpretation is, if $250,000 is ap- propriated and $10,000 is not added, it would not apply; this is your intent? Mr Michelman answered in the affirmative. He said that the second paragraph, summed up, this is a re- quirement, a mandate, to the Town Boards There is an important, and specific relationship between exhibit A and paragraph 1 of exhibit B the legality of exhibit A and part of the proposal for town funds spent in my view, under home rule amendment of the con- stitution, it can at least be said that the probabilities of that expenditure of town resources be held authorized by home rule will be significantly increased. It is important to have not only a specific authorization given in connection with the Junior High but a By-Law which gives a general and continuing way to appropriate funds. Mr Bernier said that he has talked with Mr Hemingway's office and Mr White Mr White has instituted a permanent pro- gram with contractors and unions in Boston and they asked us if we would look at all other metropolitan towns toward negotiation on this Out of fifteen towns, eight would provide information; there are between 163 and 200 blacks; it is a great opportunity for this group to earn $180 00 a week, if the trade offered to blacks without higher education. Contractors and unions have started to work together to institute this and it is not easy The contractor who bid on the Junior High, which was rejected, has an affirmative action program of sorts and he would like it. The Chairman said that you realize that the By-Law change would not be in effect if the Junior High School is successfully awarded; it would have no bearing until you get approval of the Attorney General You should take one step at a time Mr Michelman said he didn't think it was so much of a flying leap; Paragraph 1 of this By-Law does simply authorize the Town Boards to engage in negotiations; it is correct that the By-Law does not become effective until the Attorney General approves it. L _ In my judgement, Town Meeting will have voted it in these general terms to authorize these activities at the same time that it makes the appropriation for the High School; it will enhance the posi- tion withstanding any possible legal attack. We feel that it is the part of prudence with respect to the Junior High to bring it up as an amendment, to make it clear to all concerned, Town Counsel, Contractor, etc. , that the vote on this appropriation and the vote on the Junion High are two entirely different trans- actions. The Chairman said, we agree. This bothers us, the general language in the second Warrant Article, the language subject to the appropriation It is probably your intent if we go to court, the general language would get us into trouble. It is not going to have an effect this year and I would be reluctant to- go in and support this document you have here Mr Michelman said that he didn't think it would be difficult to re-write. The Chairman said that Town Meeting is on June 2nd Mr Michelman said that he could make the change now If exhi- bit A is voted, funds may not be spent that they are not entitled to or authorized; to be specific on the High School with general author- ization - continuing authorization with the most specific limitations. He said that he felt that the probability of- the safe watering would enhance it Mr Greeley said that you are saying there is no specific sta- tute authorizing for appropriating funds for the kind of thing in exhibit A and therefore, in order to remove some element of doubt if authorized, you would like a By-Law that it can adopt such a policy Mr Mabee said that we have to write our own legislation on home rule Mr Greeley asked, how do you take appropriate measures to dis- cover what? Mr Michelman said that this is where the work in Hemingway's office is significant; one can simply ask the contractor to submit a kind of report of what his activities have been in this area; if asked to fill in, you could run afoul of the anti-discrimination law because the statute does go against the prohibition requiring records. Mr Greeley asked who determines what measures are appropriate? Mr Michelman said, two principal legislative bodies, Board and School, would make their own rules Mr Greeley asked if it would not be open to a taxpayer's suit? Mr Michelman said that he would be very surprised. The ap- proach with State and Federal is only when the Federal Government has an enforcement agency to determine what they are doing There is no provision to set up an enforcement agency The Board of Se- lectmen and School to check this with respect to this kind of thing we have done We have found out what is being done by the Mayor's office, by work going on between black agencies and general con- tractors, and it is a considerable amount of work I have as- surance of a number of groups in the Roxbury area that they can help us if we have an action program; we can find responsible people and help them Such programs are being carried out with these agencies The Chairman asked why the Rte. 128 Express isn't working out? Mr Weinstein said that part of the group of electronic agencies recruit, supporting this bus This is the basic pur- pose of keeping the express bus I have read the statement put out by the Federal Reserve Bank and I think that putting out such statements is a fallacy The Employment Express helped 150 people, 25 per cent of them white, most of these people leave the Employment Express and get into car pools The problem of keep- ing it filled is assumed by groups on 128; they flow on as fast as they get off; it is not an. easy area; we feel there is a signifi- cant opportunity in the suburbs that does not exist in the city The Chairman said that it costs $10,000 a month to keep it going and there are two or three on the bus Mr Weinstein said that you are talking about the southern route; the northern route is much more successful The Chairman said that this is an expensive means to accom- plish an end; there is such a spread in the type of employment to all of these plants, I would think that the bus would be jammed You say that core city had tremendous amounts of people to help us out in the building trade Mr. Weinstein said that he never had said that there were tremendous amounts of people We are talking about training a small number of people. The percentage of increase you could achieve in the building trade in Lexington would be a 35 per cent increase; there are other groups in Town that stand ready to help The Chairman said that the Board questions proposal #2 on the basis of the language and not going to take effect for the contract for the Junior High; in essence, you will not be affect- ing any job Come back with an answer. It is our general feel- ing that #2 in the form it is presented, presents a lot of problems and would not gain any support at Town Meeting Mr Michelman suggested a simple language change and said that there is a possibility that the Commission would consider a language change in the Warrant Article relating to the pro- posed By-Law amendment He would change the seventh line of paragraph 1 to add specifically designated, crossing out for such purposes after to expend Town funds, specifically appro- priated for that purpose, and to substitute "therefor", to read "to expend Town funds therefor" He said that, in his judgment, it would be useful to have part 1 as the Town's enabling measure we are recommending for the Junior High; it would be well worth- while to have paragraph 1 without the rest of it, it can coher- ently stand by itself 277 The Chairman said that, before, it read that any part of the appropriation could be used for this use Mr Weinstein said that the question seems to be, why worry about the By-Law amendment now as it seems it will take time to be reviewed by the Attorney General He said that he would like to point out that if we wait until March, any other program would be in the same position The Chairman said that if there is an agreement on what the language should be, we hope to have a Fall Town Meeting; it would affect nothing but the By-Law as such Ordinarily, this would be a citizen's article if the Board didn't agree with you Mr Smith asked, concerning the example of $250,000 for a sewer, does it mean if you appropriate funds for a sewer, you may or may not propose to add funds? The Chairman said that Mr Michelman is making this very expli- cit; none of this money may be used except that which is specifically designated Mr Kenney asked what the thinking was regarding money in Arti- cle A Mr Bernier said that he was confused; he was under the assump- tion that people brought relevant thinking to the commission and would try further communication; he had tried to help support it as head of the task force This is a model for the State of Massachu- setts - if I put five blacks on and others do it, it is worthwhile employment; it might be eliminating riots and eliminate millions of dollars in welfare The Chairman said that regarding a model, if it works, fine; if not, you haven't accomplished a thing When we look at a proposal, we can't look at one side of the issue; it has an effect on the whole Town - what the overall results will be if we adopt it and go in a certain direction You are looking at one specific accomplishment We have to say, what is our mission - to build the high school or train five people We must come up with the best way to build the Junior High School and train at the same time; sometimes, you lose sight of the rest of the Town operation You might say we are short-sighted or not as enthusiastic as you. There is a question on how many of these provisions will be enforced in detail, how the agencies will work What we are interested in is resolving certain obstacles; two members express doubt of the legality on what is necessary; if nothing else is accomplished than a test article ... . .if everything were confined to the people sitting here, but other people disagree; when we make a decision, we have to take this into consideration; it doesn't say that everybody will accept this The language was discussed and the approval of the Attorney- General. Mr Legro said that the Attorney-General decides questions and it is a matter of going to him as it is; even if he approves the By-Law, it is just the first step; it is subject to test in court, our judicial court and, maybe, Washington. 278 Mrs Skov asked, don't we avoid that by separating the Articles? The Chairman said that he wasn't referring to the Junior High He may accept this but the other 33,000 people may not. Mr Kenney asked about the money for the Article Mr Greeley said that, originally, it was $20,000 but now it is $10,000; the Commission feels that anything less than that is too small to be meaningful ; we recommend an appropriation of $10,000 The Chairman said that there was no question on the money; if the Junior High is going along and the program is working and the money is used up and you ask for more, I am sure you would get it; the amount of money is secondary Mr Greeley said that the Commission is meeting on Thursday and he would ask that they discuss this and come back and say ' whether it wants to insist on the courtesy of putting in not only A but B or the inclusion of part of B The Chairman asked if it could be set up in such a way that it can be deleted? Mr Legro said that there are a number of changes; "employ- ees" used in many places and he couldn't conceive that they meant to authorize and require employees of the Town to have powers; what happens if they don't "jointly agree". "To take appropriate measures" isn't a matter to be determined by the Board of Selectmen these are the problems we try to elim- inate before Town Meeting Mr Michelman said that if the resolution were made to include only paragraph 1 , some of your problems would be taken care of Mr Greeley asked if it is clear to whom the Building Commit- tee is responsible Mr Mabee replied, to Town Meeting Mr Kenney said that, in an attempt to wind up, to ask members of the Commission if they agree if the Selectmen were to support A and B, including paragraph 1 ? The Chairman said that he would want to discuss it with the Town Counsel Mr Conroy said that we fully expect and hope that the By-Law will be challenged; this is another consideration for not asking for a sum of money; we should keep it in mind Mr Michelman said that it should insulate it against success- ful attacks Mr Graham suggested, if it would assure the Selectmen's will- ingness to see "A" be an Article and "B-1" an Article, he would recommend we go along The Chairman said that if Town Counsel feels it would not af- fect it ..As I interpret it, unless Town Meeting made a specific appropriation to a specific project, then the money would not apply If this is so, I would support it Mr Legro said that it can be made perfectly plain. On affect- ing a project, any project begins on Town Meeting floor and any time you argue appropriation, there must be some effect on it. The Chairman said that if this is the interpretation and this is the understanding, I will support it. It was agreed to insert Article A and Article B-1, deleting paragraphs 2, 3 and 4, as submitted by the Lexington Commission on Suburban Responsibility Mr Burke informed the Board that bids have been received on resurfacing the tennis courts. Boston Black Top Corporation was the lowest bidder at $3532 00, but Dennis Driscoll & Co. , Inc , 50 White Street, had an alternate bid on the Valley Road Courts; this bid was for $3,558 00, replacing pavement, $50.00 alternate Award for for Valley Road Courts, $288 00 - total of $3,896.00 He recom- Tennis mended that the bid be awarded to Dennis Driscoll & Company as Courts they have done other work in the Town and it has been very satis- factory. Upon motion duly made and seconded, it was voted to award the contract for resurfacing tennis courts to Dennis Driscoll & Company, Inc , in the amount of $3,896 00. Mr Burke informed the Board that bids have been received for curbing He recommended that the contract be awarded to Barretto Granite Corporation, Oak Street, Milford, New Hampshire, , for the bid of 9.. x 18., curb at $3 20 per foot,*curved at $4 50 Awaltd for per foot; 2" radius corners, $16 00 each, 3" radius corners, Curbing $30,00 each. ' Upon motion duly made and seconded, it was voted to award the contract for curbing to Barretto Granite Corporation, Mil- ford, New Hampshire Mr Burke said that he was approached last week by Perley F. Gilbert, who designed Temple Isaiah, who proposed erecting a new building on the other side of the easement, to be connected by a canopy which would be over the easement, Mr Burke said that we could agree, if we needed to get in there, to take down the canopy. The Chairman said that we should get an instrument to say Temple this Isaiah Mr Burke said that the area is now all black-topped, The Chairman said that we can prepare an instrument giving enough protection to us to allow them to do this Mr. Legro said that he didn't know if we would be exempt from liability The Chairman asked if we would be giving up part of our ease- ment Mr. Legro said that he thought we would The Chairman asked Mr Legro to give it some thought - if we can do it, we certainly want to Mr. Legro requested the Board to sign the contract for the interceptor sewer, force main and pumping station, awarded to P Gioioso & Gioioso & Sons in the amount of $125,050. Sons Upon motion duly made and seconded, it was voted to sign the contract awarded to P Gioioso & Sons, in the amount of $125,050 *6" x 18" Mr Gray informed the Board that he had written to the Air 111 Air Force Force regarding the leasing of the 14" force main for $4,000 a year and he has not heard from them. Upon motion duly made and seconded, it was voted to insert the following Articles in the Warrant for the Special Town Meet- ing, June 2, 1969 Town Office Building Articles Junior High School Building Two Articles submitted by the Suburban Responsibility Commission A and B1 Cemetery Commissioners' request for a building Douglass Property West Suburban Regional Refuse Committee Traffic Study - Planning Board Land Swap - Junior High School Upon motion duly made and seconded, it was voted that the Cons Article submitted by the Conservation Commission, which requested Comm that the Commission be increased from five to seven members, be withdrawn Mr Gray informed the Board that the Traffic Study Committee has reviewed the plan for the Center; this review concerned it- self only with the traffic problem He said that the latest traf- fic counts indicate that approximately 18,000 cars per day pass the intersection of Waltham Street and Massachusetts Avenue and Lexington approximately 3,000 pedestrians This traffic count indicates Center the need for three lanes of moving traffic in each direction at the intersection, to allow for turning movements Based on this, it is the recommendation that all projections within 200 feet of the intersection be removed and no new ones be constructed; no parking should be allowed within the above 200 feet. Several of the items used in arriving at the above recommendations are Slowing of traffic due to the difficulty to negotiate the backing movement into the parking bays; the parking bays are not functional; storage of snow from the street in the winter has become a problem in re- stricting traffic Mr Mabee moved to do it according to the plan originally recommended by the two committees; the Planning Board recommended leaving it as originally planned and the Center Committee also recommends this Mr Cataldo was recorded in opposition Upon motion duly made and seconded, it was voted to adjourn at 11 45 P.M. A true record, Attest Executive Clerk, Selectmen • SELEC'IIdEN'S MEETING May 12, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 12, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee and Kenney were present Mr. McSweeney, Town Engineer, Mr Burke, 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 Company to locate a pole on Follen Road. Notices of the hearing were mailed to the petitioners and owner of the property as listed on the petitioners' plan, and also filed with the Town Engineer. Mr. Pratt, representing the Boston Edison Eompany, and Mr. Dunn, representing the New England Telephone Company, were present at the hearing Mr. Dunn informed the Board that the reason for the hearing was because of a span of over 200 feet and the pole is needed to cut down the span length The Chairman asked Mr Dunn if the Telephone Company offered Pole an alternative. Location Mr Dunn replied in the negative Mr Pratt said that this span is 230 feet and, normally, the span is 125 feet between poles; there is quite a sagging here now No one appearing in favor of the petition, the chairman de- clared that part of the hearing closed The Chairman asked if anyone was present in opposition Mr Harold Stevens, 209 Follen Road, asked to be recognized and said that, as an abutter, he would like to oppose the petition This pole will be placed in the one open space we have; we have a large linden tree and a beautiful maple tree, Mr Dunn said that the Telephone Engineer will look at the proposed location and see if something can be resolved. We are placing a new cable to get rid of the drop wire in this area which is a very heavy drop wire. Mr Pratt said that the Edison Company is putting in a heavy cable and removing the existing wire Mr Stevens said that the question is, is this needed, does the load require this? There is no new building there and there has been no change since 1948 Mr Pratt said that there are low circuits in that area. It was agreed to hold the petition until the Telephone Com- pany Engineer and Mr Stevens come to an agreement as to the loca- tion of the pole U J__ 252 Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Company to locate-g pole on Lowell Street. Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer Pole Mr Dunn, representing the Telephone Company, and Mr. Pratt, Location representing the Boston Edison Company, were present at the hearing. Mr Dunn informed the Board that this petition is for the relocation of a pole which is now at the driveway of an abutter No one appearing in favor or in opposition, the Chairman de- clared that part of the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company and the Boston Edi- son Company for the following location Lowell Street, westerly side, approximately 531' south of Middlesex Street, Burlington, One (1) pole. (One existing JO pole to be removed ) Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Company to locate a pole on Middle Street Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer Mr Dunn, representing the Telephone Company, and Mr Pratt, Pole representing the Boston Edison Company, were present at the hearing Location Mr Dunn informed the Board that this petition was at the re- ' quest of the Town of Lexington The pole is being moved back inside the curb Mr McSweeney, Town Engineer, was present and said that he had approved the location No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company and the Boston Edison Company for the following location Middle Street, northeasterly side, approximately 1,791 feet southeast of Lincoln Street, One (1) pole. (One existing JO pole to be removed.) Chief Corr met with the Board The Chairman told Chief Corr that he had been asked to come Police tonight in order that the Board might express their gratitude and Department congratulations to the Officers of the Police Department He asked Chief Corr to explain an event which happened in Lexington last week. 283 Chief Corr said that on last Thursday, Officer Hickey was on patrol on Mason Street and observed an automobile and a truck with three men who were acting in a suspicious manner. He ap- proached the vehicles and, asked to see the license and registra- tion He recognized the name as one of a possible bank robber * at the Arlington Savings Bank; this name had been given to all Officers at roll call that morning. Officer Hickey returned to the cruiser and called for assistance as he had noticed a sawed- off shotgun on the floor of the car Two other Officers arrived at the scene and the men were taken into custody Chief Corr said that this was one of those arrests that we feel is deserv- ing of attention One of the men is already out on $200,000 bail for eight other big robberies; these thre are the most notorious bank robbers in the eastern U.S and were preparing to break into a home. Chief Corr introduced Officer Hickey to the Board. The Board congratulated him not only for the arrest, but for the splendid police work Chief Corr and Officer Hickey retired from the meeting. Mr Gray requested the Board to sign the contract for the engineering services of Whitman and Howard on the Concord Avenue and Spring Street interceptor laterals; these have been approved by Mr McSweeney and Mr Legro. Whitman & Upon motion duly made and seconded, it was voted to sign Howard the contract for engineering services of Whitman and Howard on the Concord Avenue and Spring Street interceptor laterals Mr Gray informed the Board that the Fire Department re- quests a transfer of $450 to the Ambulance Account 4200 The money is needed to straighten and refinish the rear left quarter panel of the ambulance which was involved in an accident with Transfer another fire department vehicle Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Ambulance Account 4200, in the amount of $450 Mr Gray informed the Board that Mr Burke has been in con- tact with Mt. Cortell and the equipment concerned for the Old Res is not available Mr Cortell is checking out other sources of equipment Mr Burke said that there is one other piece of equipment available in Canada and a concern in Illinois will not have one Reservoir available for a year; there are three other alternatives he is going to consider Mr Gray said that the sand is completed and nothing more will be done until the equipment problem is resolved. Mr Gray informed the Board that Mr Esserian has sold the land that the Town was considering for a playground and has offered the Town $1500 for the three tax title lots that Mr Ryan and Mr Esserian Kleeburg are interested in purchasing * involved in a robbery The Chairman instructed Mr Gray to have a plan made of the complete parcels involved, the offers made by Mr Esserian, Mr Ryan and Mr Kleeburg, and how much land will be left Mr Burke informed the Board that bids had been taken for copper tubing for use by the Water Department He recom- mended that the bid be awarded to A F Felz Company of Copper Burlington for 3,000 l.f 3/4" type K Copper Tubing at .51, Tubing $1, 530; 500 l.f 1" type K Copper Tubing at .67, $335; 200 1 f 11/2" type K Copper Tubing at $1.09, $2.18; total of $2,083; less 2% discount. Upon motion duly made and seconded, it was voted to award the contract for copper tubing to A.F. Felz Company, Burlington in the amount of $2,083 Mr Burke informed the Board that bids had been taken for rock salt He recommended that the bid be split between Eastern Minerals, Inc , 130 Plain Street, Lowell and the Chemical Corpor- ation, 54 Waltham Street, Springfield, for 20-ton bulk truck Rock loads at $17 15 per ton, delivered. Salt Upon motion duly made and seconded, it was voted to award one-half the contract for rock sale to Eastern Minerals, Inc. , 130 Plain Street, Lowell and one-half to the Chemical Corporation, 54 Waltham Street, Springfield, for the bid price of $17.15 per ton, delivered Mr Burke informed the Board that bids have been taken for water meters He recommended that the bid be awarded to the second low bidder, the Neptune Meter Company of Wakefield, as they offer two various types of remote reading, with a price difference of approximately $100 On the outside meters, some Water of the other communities are installing their own and some re- Meters quest the home owners to install their own; if we are going into remote reading, the Board should set a policy There have been only two installed in Lexington at the housing for the elderly; none as far as homes are concerned. Mr Kenney asked the cost to install? Mr Burke said that the cost is $13, on the average and he has been told that a unit can be installed in about an hour. The other communities have been installing them in areas in which they are unable to get in; in some areas they are requiring the builder to pay. The Chairman requested Mr Burke to submit a policy that he would like the Board to consider Upon motion duly made and seconded, it was voted to award the contract to purchase water meters from the Neptune Meter Com- pany of Wakefield in the amount of $8,925.45, as follows 100 - 5/8" Meters w/couplings $35 70 $ 3,570.00 50 - 5/8" Meters w/couplings and remote reading assembly 48 70 2,435,00 5 25 - 3/4" Meters w/couplings $53 55 $ 1,338.75 10 - 3/4" Meters w/couplings and remote reading assembly 66.55 665.50 10 - 1" Meters w/couplings and remote reading assembly 91 62 916.20 Total Bid 8,925.45 Mrs Curtis of the Outlook Club met with the Board The Chairman said that he had reported to the Board about Mrs. Curtis' thinking on an emergency overnight medical station The Board expressed interest but would like to have some more in- formation regarding this, i e , what type of support you already have in the form of Doctors, nurses and, also, how you would get this off the ground; we are mainly concerned of what is the nucle- us of your group, what their interest is, and to what point they will go Mrs Curtis introduced members of the Outlook Club to the Board and expressed her appreciation for the invitation to meet with them. She said that they cannot go forward with their plans without the approval of the Board of Selectmen and hope to deter- mine tonight whether we should go forward at all. We have chosen this work on the hospital facility for Lexington The building of an important unit in our community is a timely one and the Overnight Town should supply the vital need; we are using the hospitals in Medical other towns and it is long past the hour when our reasons are no Facilities longer valid We ask to have the Town fathers authorization for a hospital and we will be responsible for it or to oversee, in- cluding the grounds, etc and business management, leaving the medical services to the staff We wish to start this with a limited overnight facility We prefer to be the operators of this non-profit organization or, if this is not possible, we wish to be authorized to help in some specific way to provide what is needed for adequate hospital care in Lexington and to play a spe- cific role in this endeavor The question on what have we done to get Doctors - we have sought the opinion of many physicians in Lexington and have some replies from them. The Chairman asked if this referred to a hospital or an overnight facility, if the Doctors referred to a hospital or a facility? Mrs Curtis said that the letter we sent out asks what is your opinion of an overnight medical building - we were interested in whether or not they would all favor it Before we did this, Dr Singer came to our group and stated his views; he is know- ledgeable about what is going on in Lexington and about other doctors in the fraternity The Chairman said that as far as a hospital is concerned, there is no question in anybody's mind that it would be ideal. To take the practical approach, taking into consideration the money already expended by Lexington people to Symmes Hospital and what it would take to start a facility, we are not talking $100,000 or $200,000, we are talking $1 M, $2 M, $3 M or $4 M; I don't think the Board would like to adopt the responsibility; as such, we would discuss an overnight facility. The question is, you are here to get our approval, what do you want? Mrs Curtis said that they were told that they cannot even begin to make plans unless we have the approval of the Board of Selectmen and the approval we want is to go forward with plans to either provide an overnight hospital facility for Lexington or some other way that would benefit the people of Lexington. The Chairman said that they are saying, if you had the money, etc you could go forward Mrs. Curtis said that it was her understanding that we cannot go forward with plans unless we have the approval of the Board The Chairman said that you would have to get a permit from the Board of Appeals for construction of a site. You are looking to undertake a project of an overnight facility; in case someone gets hurt, you are looking for a place to take our own people, to a facility here on an emergency basis, and if the person has to be kept overnight, he can stay there. Mr Kenney said that this would be an attempt to dupli- cate the services currently available at Symmes The Chairman said that Symmes is too far away in an emer- gency; if your child is hurt, you could take him to this facility Mr Kenney asked how they could expect to duplicate Symmes; it costs so much money for X-rays, etc. Mrs Curtis said that the reaction of the Doctors was in favor of it; they vary on the extent they would like to go into this. Dr Singer said that our Town is fortunate in having a willing cadre of physicians than other communities. The crux of the matter is organization and ease of delivery. Because the number of hospital beds is not sufficient doesn't mean that the Town should build a larger one; as far as emergency medical care, only in the last 4 or 5 years has Symmes been properly equipped You can't bring in people and not have adequate equip- ment Symmes is a long way for a lot of people to go - they have to depend on an auto or the Lexington Fire Department; some place closer in an emergency would be better Anybody planning such a facility, if they are going to have such a unit, they wouldn't need an X-ray; personnel is the other expensive machine. Medical emergencies such as heart attacks have no place in the emergency facility Surgeons in the community would have to be ready on a call system to back this up - to be available one or two nights a week. If these things can be handled, then you sit down and talk about the cost; in the beginning, it doesn't necessarily mean to build a Douse. C841 Mr Kenney asked how many emergencies he is called out on in a week? Dr Singer said that judging by being on call on a Sunday, Symmes calls him on about six cases a Sunday, many of which could be taken care of in an emergency center Hospitals are now being overburdened and people have to wait for one, two and three hours. The facility would be a comfort, a convenience and a pleasant luxury The Chairman asked how many Doctors he would estimate there are in Lexington? Dr Singer replied, four surgeons, eight internists, five pediatricians and two practitioners, one full time. The Chairman said that we have, approximately, twenty Doc- tors; how many are of the same mind on this? Dr. Singer said that he had not the slightest idea Mr Kenney asked if it was the intention to have a Doctor on call? Dr Singer said that there would have to be a Doctor on call and you would have to wait for him to come It is true there aren't enough surgeons in Lexington and even if all were willing to put in time there, it would make two nights a week on call The Chairman said that there is no question but what they are proposing here tonight, in some aspects, would have to de- serve some deeper research. The project you are thinking about 111 will take a tremendous amount of work, people, cooperation and money and beforeanybody could give approval or support, you should come up with some sort of a blueprint as to people, faci- lities, location, and attached to it, what you have available in facilities' people. To help you arrive at this, we could give all the help possible but as we listen to you, you really are not far enough along for anybody to say, we approve; you haven't proposed anything yet, there is no concept If you could refine it in these areas, we would be in a better position to make an evaluation and any one of our departments could make available anything you need. Mrs Curtis said, when you say you would give us your sup- port . . The Chairman said, I didn't say that. Mrs. Curtis said, you say come up with a blueprint - if then, you approve, would your support be financial or moral? The Chairman replied, both. Send us a copy of all letters you have and go into what you really have in mind - come up with a schematic plan Mrs Curtis thanked the Board and retired from the meeting Mr McSweeney said that it is expected that Lowell Street will be finished within five or six weeks (Chapter 90-between Lowell Maple Street and Woburn Street) We asked them to include the Street intersection, 44' of pavement with 5' adjacent; 3' which was between the back of the lot and the grass line The Chairman said that this will give the people that much more front yard He asked Mr McSweeney what the status of the Woburn Woburn Street job is? Street Mr McSweeney said that it will be finished this week, with all but the maintenance part of it. The Chairman said that we said we would be out of there on the 15th of May Mr. McSweeney informed the Board that the contract for the in- terceptor force main and pumping station, which was awarded to P. Gioioso & Sons, was originally signed at $126,050 Last week the Board signed the contracts and the amount was $125,050. On re- Interceptor viewing them, we found a clerical error of $1400, which brings it to Force Main $126,450 The contractor requests that we approve the additional $1400 The Chairman said that we can vote to amend the award to read $126,450 Mr Perry must be informed of this, by letter. Upon motion duly made and seconded, it was voted to amend the award of the contract to P Gioioso & Sons, for the interceptor force main and pumping station, to read $126,450, Mr McSweeney informed the Board that he had received a call from Raytheon to attend a meeting in Bedford regarding the Hartwell Avenue Traffic Study The people from Raytheon want to discuss with the Board of Selectmen what Bedford is going to do Mr Gray said that, at this point, Mr. McSweeney cant tell them anything Mr Mabee asked if there was any reason to believe that Bedford would support this? The Chairman said that Bedford would like to have an inter- change at the Hartwell Avenue-Lexington-Bedford line. We have to take some kind tf a position before you discuss it with someone else. Upon motion duly made and seconded, it was voted to sign the Cert. of Certificate of Incorporation for Robert S. Gulick, 166 Wood Street, Incorp "The Ripon Society of Cambridge, Inc " Upon motion duly made and seconded, it was voted to sign the Certificate of Incorporation for Lincoln P. Cole, Jr and fourteen others, "Lexington Sister City Association, Inc." Upon motion duly made and seconded, it was voted to authorize Liquor I D the Chairman to sign the Liquor Identification Card for Fred A Chamberlain, Jr , 458 Marrett Road ABC The Chairman read a letter from the ABC regarding the regula- Memorial tions for the sale and delivery of liquor on Memorial Day, May 26, Day 1969 1 289 Upon motion duly made and seconded, it was voted to follow the regulations of the ABC and inform the Package Goods Stores that they may open at 1 00 P.M on Memorial Day, May 26, 1969. Motels and Clubs may serve liquor during the regular hours Upon motion duly made and seconded, it was voted to sign the Sidewalk abatement for sidewalk assessment for Daniel P Curtin, in the Assessment amount of $197 70, because of incorrect billing Abatement The Chairman read a letter from the Lexington Field and Garden Club, requesting permission to use the grounds in the rear of Buck- man Tavern for a plant sale on Thursday, May 15, 1969, from 10 00 Permit A.M. to 12 00 N. Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Field and Garden Club to hold a plant sale on the Buckman Tavern Grounds on May 15, 1969 from 10.00 A.M. to 12 00 N. , subject to the supervision of the Park Superintendent The Chairman read a letter from the Lexington Chamber of Com- merce requesting permission to store Christmas lighting material in the basement of the Visitors' Center The Chairman recommended that the Chamber of Commerce could Storage of contact Mr Gray and Mr Mazerall to make arrangements to store the Christmas Christmas lighting material in the garage on the Buckman Tavern Material Grounds The Chairman read a letter from Army Headquarters in Korea, which stated that there is a site in Korea named after Lexington Lexington and requests that a letter be sent from the Town, to be put under Site - Korea glass on the Lexington site in Korea. Upon motion duly made and seconded, it was voted to authorize the Chairman to write a letter from the Town of Lexington to the Lexington site in Korea. The Appropriation Committee and Mr Whalon met with the Board. Mr Gary said that funds were appropriated in 1967 for the Regional Refuse Committee; he asked how much of the $3,000 had been spent? Regional Mr Whalon said that, recently, we made a commitment for a Refuse portion of it. This Article is for consideration for the Special Town Meeting; we were unable to have it ready for the Annual Meeting Legislation was introduced last November seeking to authorize the communities participating in this type of program to appropriate $10,000 Hearings were held in February and we were not able to come into the meeting with any enabling legislation. It was adopted and signed by the Governor on May 5 We have the authorization and it was deferred until now Our reports have been filed with the Town for the past two years There are seven communities partici- pating in this study; it is nothing more than a study; we can't make recommendations because there are none to make but we hope to 29i have possible solutions in another year Our group is organized, which permits two or more to operate as regional, if the Town votes to operate a facility. Our group has formed a committee; one is an engineering group which has worked very hard but their studies are inconclusive It looks as though the untried method of hauling by rail may get off the ground An organization re- cently formed in Boston has acquired land in Cambridge and nego- tiated with the Boston and Maine Railroad; they have on order some of those presses which compact the refuse into high density bails and are seeking commitments from Boston and Cambridge to haul away by contract We have found from investigation and studies by our engineering group that we need a professional, beyond that on our own membership. We have made contacts with Camp, Dresser and McKee; they, like every other civil engineer- ing firm in the city, have set up means to devise investigation on design refuse facilities, in the direction of incineration. There hasn't been one built yet that works; maybe there will be in a few years. We feel, for this reason, that this rail haul may offer a tentative solution with far less capital. The $21,000 we now have available is totally inadequate to buy the kind of advice we need; not even $70,000, if each community voted the additional, will be adequate for final detailed plans. On the amendment which the Legislature adopted, I talked with DeNormandie and Cole and they felt that $70,000 might not be enough; now, two or more can associate and if only two did it, they would get nowhere Last month, we did sign a contract with Camp, Dresser and McKee and we have a liability of $5,000. They are beginning investigations and are attempting to assemble, on their own, some statistical information on a stop check of the facility We can't be sure that out of this appropriation, if voted, there will be anything that will solve the problems of Lexington; we hope they will. We have set next March Town Meet- ing for when we would come in with a plan to be considered. It is a serious problem, not as acute in Lexington as it is in Waltham and Lincoln. Arlington has a situation of despair and they might not stick with us. If we were to resolve our site location along Route 128, Arlington would be twelve miles away, and it might prompt them to go their own way. The Chairman said that they haul to Saugus; they are going to set up their own transfer station and buy their own 65-yard trailers. Mr Whalon said that although the problem is not acute in respect to Lexington, there is an argument for Lexington to par- ticipate in this venture, We are not hurting now, but some day might be; it is not a town or local problem but regional or inter- national State legislation will take action involving the construction of regional facilities by the DPW or some other state agency at such location as the state will select It is quite conceivable that Lexington might be married to some community we would prefer not to be associated with By agreement, it might 1 291 be decided upon where the facility will be located and we hope for a location that will stand up Camp, Dresser and McKee studies are to be made this summer and we will go on from there; we have to have a more definitive report. Mr Gary asked if some of the communities are going to wait for Town Meeting to ask for the additional appropriation? Mr Whalon said that he couldn't answer for all towns; in some there are going to be Special Town Meetings; if there is some neces- sity for monies, they will try to find it in the S & D account. Mr. Gary said that if no Special Meetings are scheduled between now and next March, do these other communities feel they can find the money and get up their share - have they all agreed? Mr Whalon said that the members from each town in our group have all recommended it Mr. Gary said that his committee would prefer to take it up at the Annual Meeting and leave the Special Meeting for dire emergencies He asked if there was any pressing need to do it now? Mr. Whalon said that there is an urgent need; if we don't do our part, this might fall apart The Chairman said that it may happen that he won't need the money; if he does, would your committee see fit to transfer from the Reserve Fund? He is asking would you have enough to transfer? Mr Whalon said that he didn't know if it is proper to transfer without an appropriation The Chairman asked in what areas are Camp, Dresser and McKee doing research? There is no known concept available to do the job. Are they going to do some R & D on a new concept? Mr. Whalen said that, for the first $5,000, they are going to be assembling statistical information for the seven communities It also involves an appraisal by them of site locations. The Chairman said that he thought it was agreed to a location on Route 128. Mr. Whalon said that a problem exists on access, on and off ramps. Beyond that, this study does contemplate, at least, their expert opinion and the alternative methods available for communities involved, and what is the best approach. Mr Mabee said it sounds to him like we are presupposing that Lexington is going to join up with this regional thing. Is it a matter of ironing out how we are going to do this, how much of a commitment if we vote this money at Town Meeting; how deeply in- volved are we? Maybe we don't want it I understand that it is a very difficult thing to do even if both parties cooperate 100 per- cent It might be better if the state says we wouldn't have to have money for study How much of a commitment are we making for the Town if each one of the towns involved in this study has a different timetable? Arlington has already dropped out and Waltham might be the next one I can foresee a regional incinerator but it will be at least five years before we need it; how much do we in- vest now? I am not sure we will get our money back Mr Whalon said that there is no guarantee we will get anything back. There can be no implication that by even participating or ap- propriating any money that this guarantees a favorable vote at Town Meeting The Chairman said that it has to go to referendum to be ac- cepted Mr Whalon said that there is no possibility that anything we do, our actions now, that this involves any commitment on the part of the Town Trying to get a group of communities to agree is difficult Mr Mabee said that if we don't do this because you are afraid it will fall apart - are we keeping a committee going that is not so urgent to us but to others? Mr Whalon answered in the negative. The Chairman said that when we first went into this, we went into it in reverse direction; if we went into the state to make the facility here a sanitary land fill. We don't want to set this one up as a regional one; if we sit back, there is a strong possibility of setting it up here At every meeting I went to, it always came up about using this for the residue dump and I always said, no. If we didn't want to participate, it has been understood if we went in immediately, we would get the same ad- vantages Nothing has changed in your minutes. I see a strong possibility that our area would be the first one the state would grab Mr Gary asked about the life of the town dump The Chairman replied, probably between twenty and twenty-five years; we have twenty-five acres on the other side of the tracks. Mr Gary said that he has heard that the dump is filling up far more rapidly than anticipated Mr Furash asked if this would require house to house collec- tion or would we keep the system we now have? Mr Whalon said that Arlington and Waltham have refuse pick- up and the other communities don't; they will need some method of getting the material, either a central location to bring the trash or a pickup they will need trucks to haul, anyway. Mr Gary said that it would be unfortunate if we appropriate another $7,000 and get our contribution up to $10,000 and five or six years out, we look at the investment and find we never will get it back after we get $30,000 or $40,000 into it Before you know it, you are really involved in something. The Chairman said that it boils down to giving these fellows direction Do we want to stay in or not; is it worth staying in, looking ahead, or drop out. There is no question in my mind if we have a region going and the state steps in, they will take this operation over All we said was from $3,000 to $10,000 was where we should go Mr Gary said that if $7,000 is appropriated by Town Meeting, I would hope that before any additional funds are appropriated, we make up our minds to stay in or not. The Chairman said that before any more money would be com- mitted, we would meet with yo* and say where they are going from here We would like to know how it was going to be committed to see what we get from what we have committed. (293 Mr. Whalon said that the information should be available some- time this fall The Chairman said that the Board would want to know in what direction you are going to spend the money. Mr Whalon agreed, and retired from the meeting Mr Gary said that the Appropriation Committee would like to discuss the Articles in the Warrant on the Jr. High School and the change in the By-Law. The Chairman said that on Article 4, they are asking Eor $10,000 It was discussed with the LCSR and they feel they would put them before the Town and ask that this type of a program be initiated. It is the Board's feeling that we should probably try this and see what the real effects are going to be on a project We arenot kidding ourselves that there are not going to be prob- lems; in my opinion there will be. There are many people in Town who would like to see this attempt made and put it before the Town to see if the money will be appropriated Mr, Gary asked what Town Counsel says about the legal ramifi- cations, and asked if this is going to tie the Town's hands on getting bids on contracts? The Chairman said thatit may have the effect that some con- tractors won't want to get involved and won't bid on the job. As Jr. R-igh I interpret it, the Town has no authority to expend money for this and U sort of thing; even with this Article 4, it may be ruled in court By-Law that we don't have the authority. Article 9 will not help this situation at all. As you know, the By-Law does not take effect until the Attorney General approves it Mr Gary said, aren't they putting the cart before the horse? The Chairman said that we said Why not try this and see if it will work, see if the Town wants to accept this. All Article 9 is saying is that the Town authorizes the expenditure for this sort of program; any appropriation made on a construction job has to be a specific amount of money appropriated. Mr Gary said that he could not believe the Board of Selectmen would tie itself down to this sort of provision. The Chairman said that it was the only way an appropriation would have to be specifically made If this By-Law were not accept- ed, we are saying if Town Meeting wants to appropriate for this sort of project, they can do it whether we agree or not, Mr Mabee said that this has a better chance by separating them The Chairman said that they can question the legality of this without tying up both of them. • Mr. Kenney said that we have had meetings with this committee and there is a great deal of support in the Town. Regarding Article 9, any future monies have to be voted individually, each tine. The Chairman said that we can assure you that if this creates problems and is not successful, we will fight to have this By-Law stricken. But, we feel if this is going to come up at every Town Meeting, we might as well get it over with 294 Mr. Gary asked about the Douglass property, Article 6. lie said that the Appropriation Committee hasn't heard how much Mr. Douglass wants for his land. Mr Mabee said that he had never given us a figure. There were three appraisals, but Mr. Douglass only showed us two ap- praisals. Mr Gary asked what the risk is if this goes into eminent domain proceedings? The Chairman said that he has two appraisals; one reflects our thinking and the other takes the approach of using this piece of property as an adjunct to the funeral home and none of us agree to that holding up in a court We had Mr. Lund do our appraisal; it is a good appraisal , taking into consideration sales in the area. Mr. Mabee said that he did it on the basis of operating a business, not a funeral home Douglas Mr Burnell asked what sur appraisal is? Property The Chairman said, $55,000 We asked for $55,000; we felt that we could live with $48,000 but there is room for settlement, legal work and survey Mr. Gary asked what the need is, not only for the Library, but what would be done with the rest of the land? The Chairman said that there is no question in his mind but that we go eminent domain; in reading the three appraisals, he would take a chance on Mr Lund's appraisal standing up in court. Mr. Gary said that if Mr Douglass thought his figure was only realistic for bargaining, he can't imagine he would be amenable. The Chairman said that no one could understand Mr Douglass. He thought that Mr Douglass would have settled for a figure within our budget but his Attorney held him. Basically, he thinks it should be settled in that area Using the land for Library purposes was discussed and Mr Mabee said that the Library has a timetable and will ask at the Annual Town Meeting for money for plans and specifications Mr White asked who makes the determination of the ultimate use of the land? Mr Mabee replied, the Board of Selectmen The Chairman said that it was our basic feeling that it is good common sense to buy lot 72; rather than split lots 71 and 72, it would cost just as much money to buy both Mr Gary asked about the Town Office Building and what the final Town Office figure is? Building The Chairman said that they did not have the final figure from Mr Deane The Appropriation Committee will be given the figure when they hear from Mr Deane Mr. Gray asked about Article 7, Planning Board Article for con- Article 7 suiting services for studies and plans for a traffic operations pro- gram 1 295 The Chairman said that the Appropriation Committee will be in- formed of the number Mr Gary said that, in February, the Planning Board told them it was submitting the Article with the Engineer The Chairman said that the Appropriation Committee should talk with the Planning Board Article 8, Cemetery Commissioners' Article to retain profes- sional services and prepare plans and specifications for an addi- tion to the existing building at Westview Cemetery The Chairman said that he, personally, felt that it should be built Article 8 Mr. Gary said that it was felt, last March, that under a Town Manager, a more coordinated plan for this whole area ought to be devised. The Chairman said that the question is how you are going to operate The figure is $11,000 for the Warrant The Chairman said that the Board would like to get going on the Personnel Board; we have a big job to do We discussed this about a month ago, and would like to charge this Committee with their duties; we agree with you on the duties and sent a memorandum to all department heads that step raises were not automatic; as you can see, we have the same thoughts the Appropriation Committee has. We think reclassification should be looked at in a different light and would like to discuss parity Personnel Mr Gary said that he felt there should be a Board which is Board removed from the more personal operation and these things can be ac- complished with a Board of this kind. There should be a more for- malized approach to this problem; we can't continue to get personnel budgets late in January or February The Chairman said that we were not happy the way things were going and we want to get this accomplished We don't want a By-Law Committee Anything to do with personnel goes to this Committee, if someone wants to reclassify an employee, the reclassifications would go to them and they would come back tous with the recommendation, It would be a continuing committee, a permanent setup; an Advisory Committee to the Board of Selectmen. It was agreed that the Appropriation Committee would meet with the Board at a later date to discuss the Personnel Committee Upon motion duly made and seconded, it was voted to sign the Warrant warrant for the Special Town Meeting to be held on June 2, 1969 June 2, 1969 Upon motion duly made and seconded, it was voted to adjourn at 11 00 P.M A true record, Attest N — Execut , S toren 2b() SELEC1INEN'S MEETING May 19, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 19, 1969, at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel, Mr Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present The Chairman opened the Meeting and it was agreed to go into 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, would affect the public security, the financial interest of the Town, or the reputation of any person After discussion concerning a new Town Committee, it was voted to resume the open meeting The Chairman said that the Drug Advisory Committee recommends that Robert J. Paradise be retained as Consultant to the Drug Ad- visory Committee. Mr Paradise is to be available for fifteen Drug hours a week at a salary of $75.00 a week. He has a graduate de- Consultant gree in social work and has spent the last twelve years working with emotionally disturbed children and some adults He is Program Director at the Walker Home in Needham; thio is an intensive care program for severely disturbed young. boys. He is a field work In- structor at the Boston University Graduate School of Social Work. Upon motion duly made and seconded, it was voted to appoint Robert J Paradise as Consultant to the Drug Advisory Committee, at a salary of $75 00 for fifteen hours a week. Mr Legro said that he has an order of taking for a drain ease- Order of ment on Reed Street; the drain is to start at Laurel Street from Taking Reed Center Street to just beyond Myrtle Street. He requested the Board St. Drain to sign the order of taking; the Board has voted to install the drain Upon motion duly made and seconded, it was voted to sign the order of taking for a drain easement on Reed Street. The motions for the June Town Meeting were discussed and it was agreed to get the information from the Appropriations Committee for Mr Legro. The Chairman asked Mr Legro if he had the information on the land swap I 29 i Mr. Legro said that he had talked with Mr Taylor and he said to forget it Mr Taylor had not received the information and said that it would be better to have approval from HUD before we acted, rather than attempt some patch-up motion Mr. Legro said that he had asked him to check and be sure that the approach would not in any manner affect the assistance from the School Assistance Bureau. Jr. High Mr Greeley asked if the swap had anything to do with the area? Mr Legro said that the School Building Assistance Bureau urged him to be careful on the descriptions regarding State help Mr Legro said that he had pointed out to Mr Taylor that, before we get through with the legal title, the SBAB may be involved and, if that is the case, I will be ready Mr Legro had no more information Mr, Gray informed the Board that Mr Burrell had said that Dr. Kessler has not been attending the meetings of the Civil Defense Ad- Civil De- viaory Committee, but he didn't know whether Dr Kessler was offici- fense Ad- ally off the Board visory The Chairman asked Mr Gray to talk with the other members of Committee the Civil Defense Advisory Committee and see if they would suggest names; there is a vacancy of an appointment from the Board of Se- leetmen, also. Mr Gray informed the Board that Mr McSweeney has had a plan prepared for the Utica Street site; it shows the area involved for 111 Conservation and the Town The plan was shown to the Board and Mr Gray said that if we wish to use this land, we must have access as we might get into problems with the State, It was agreed to send a copy to the Conservation Commission Utica St. and tell them what we have voted. Mr Legro asked if the Board is going to exercise the option, where do we go on that back parcel of 7 9 acres. Mr Gray said that we had an extension on that to sixty days The Chairman said that when he had talked to him he was going to try to clear the title Mr Legro said that he will call the Attorney and that will be the most direct route Mr Gray said that he would like to discuss the Bsserian land, He showed a plan and said that Mr Bsserian had sold the land which had been discussed as a possible future playground. He would like to buy the piece of land which consists of 3 58 acres; this is the same land that Mr Ryan is interested in buying one lot and Mr Bsserian Kleeburg would like three lots Land The Chairman asked how much Mr Esserien is offering for the land? Mr Gray replied that he had offered $1500. The Chairman said that Mr. Gray should inform Mr Eseerian that it was not enough money and to find out how much Mr Ryan and Mr Kleeburg would offer. 298 Mr Legro asked what Mr. Esserian is going to do with these lots? Mr Gray said that he has three legal lots now and he will add on to them in order to have three lots of larger square foot- age; we can't give him a right of way to the street. Mr Legro said that Grandview Avenue is a paper street; he will have a problem with that street Mr Gray said that Mr. Esserian has said that he does not know what he is going to do with Grandview Avenue Mr Gray asked if the Board would like to set a price. The Chairman instructed Mr Gray to talk with Mr Ryan and Mr Kleeburg to see what they will offer. Traffic Mr Gray informed the Board that the Traffic Study is on the Agenda agenda for discussion at the meeting of the Selectmen on May 28, 1969 Mr. Burke informed the Board that he has heard nothing from Old "Rea" Mr. Cortell regarding substitute equipment at the old "res". He had tried to contact Mr. Cortell but was unable to reach him. Mr Burke informed the Board that bids had beeh received for Bid oil stone for the surface treatment program. He recommended that the contract be awarded to Massachusetts Broken Stone Co. for $4.65 per ton delivered and spread. Upon motion duly made and seconded, it was voted to award the contract for oil stone to the Massachusetts Broken Stone Co. , in the amount of $4 65 per ton, deliverd and spread. Mr Burke informed the Board that a letter has been received from Town Counsel regarding the request received from Perley Gil- bert Associates, architects for Temple Isaiah, for permission of the Town to construct a light roof or canopy which would extend over the Town's water easement to connect the existing building and, also, permission to locate two footings within the easement Temple Mr Legro states that, in his opinion, it is important not to re- Isaiah lease rights as to any particular easement unless the circum- stances are clearly different from those of the numerous other ease- ments held by the Town in other locations and unless the possibility of the future need for the rights release is very remote; he has no information that either of these conditions applies to this case. Mr Burke said that they may erect the building, but not the canopy; the easement is 40 feet. Mr Legro said that the nature of the topography of the land may require that heavy equipment might have to go in there and that permission to construct the roof or canopy or to locate the footings within the easement could seriously impair the easements now held by the Town. No matter tihat we do, we are giving up rights in this easement. Problems may arise if there are disputes as to the need to dismantle the roof to permit repair, removal or replacement of the line, particularly if the Town is dealing with someone other than the original party to the agreement with respect to removal He feels that it would be virtually impossible to ob- tain assurances that would adequately protect the Town's interest in the easement The Chairman said that if that main burst where the canopy would be and tore it to shreds, they would come after us for damages. Mr Legro said that the liability is for negligence; the Town does want the opportunity to go in there with whatever kind of equip- ment is necessary to get the job done before there is greater.damige Mr Greeley asked about the height of the equipment that would have to be used Mr Burke said that for the swing and the height for a 3/4 yard shovel , we are talking 16 feet Mr Legro maid we just do not have any rights and would be li- able for damages. We have a 24" water main with 3,342,000 gallons; we have a problem but if the Board wants to find another way around, I am not going to stop them Mr Greeley said that, at the present time, they have parking on part of the easement; if they give us an easement through the parking driveways, the equipment could maneuver; this would not be much worse than we now have Mr Legro said that he didn't feel that this is the sort of thing you do The Chairman said that the Board's position should be taken on the consideration of the size of the main It would be in their own best interests not to have structures over it; it should be free and accessible at all times; if it were a 6" or 8" main, we would look at it differently There is no question that there is a legal ap- proach around it. It was agreed to write to Temple Isaiah informing them that the Board reluctantly denies permission to construct a canopy which would extend over the Town's water easement to connect the existing building with a proposed building The Chairman read a letter from the Permanent Building Committee requesting authorization to spend $400 for a site plan of the old "res " The Chairman said that this is not the function of the Permanent Building Committee; this is the type of thing that the Planning Board, the Recreation Committee and the Board of Selectmen have undertaken and we should continue to complete that policy. Mr Greeley said that we should have a plan made, The Chairman said that we should see how much they are expending; we should have had a plan made before we started the project. It was agreed to write to the Permanent Building Committee and thank them for their interest in this project at the "res" and ex- plain that it is not a function of the Permanent Building Committee to have a plan prepared but the Board would appreciate any suggestions they may have for a landscape architect 300 The Chairman read a letter from Marcia Dane, requesting that a member of the Board attend a meeting of a committee for UNICEF collections on Halloween, UNICEF It was agreed to write a letter to Miss Dane commending her for her objectives but, unfortunately, it is impossible for a member of the Board to participate as a member of the UNICEF Committee The Board recommends that she contact the service organizations in Lexington to solicit their assistance. Upon motion duly made and seconded, it was voted to certify the character of Richard F Perry and seven other Lexington resi- dents, who have applied for a Certificate of Incorporation under Certificate the name of "Pop Warner Football, Inc " of Incorporation Upon motion duly made and seconded, it was voted to certify the character of John A Sharkey, 13 Hazel Road, and Robert E. Sharkey, 9 Hazel Road, mho have applied for a Certificate of In- corporation under the name of "Sgt Frederick H. Sullivan, VFW Post 1628, Bedford, Mass Home, Inc." Minutes Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen's Meeting held on May 5, 1969. Upon motion duly made and seconded, it was voted to sign a Liquor Identification card for the following Liquor I.D Dennis C. Domenichini 4 Alcott Road Gerald M. Carchia 227 Grove Street Anne Lipshutz 32 Hill Street Upon motion duly made and seconded, it was voted to sign the abatements for water rates, because of a wrong reading, for the Abatements following Hanscom Air Base $3,906 89 Donald P Noyes 16.10 Roger W Brockett 46.88 Curtin Realty Trust 53 79 Mr McSweeney informed the Board that bids had been received May 16 on the softball field at the Lincoln Street recreational area Re had sent out ten invitations and received only two bids. Lincoln St. LiDonni, Inc , of Waltham bid $28,747.50 for seven items but, tak- ' Softball ing only the four necessary items, the bid was $13,837 50; DeFlice Bros. Corp , of Lexington bid $8,062.50 Mr. McSweeney recommended that the bids be rejected as they were too high and should have been about $5500, for what they were planning to do. The Chairman said that, basically, if we break it down and let it out separately, we could get it down to that figure. Upon motion duly made and seconded, it was voted to reject the bids received from LiDonni, Inc , and DeFlice Bros Corp , for the softball field at the Lincoln Street recreational area. :i() Mr. McSweeney discussed the Hill Street-Diana Lane trunk sewer. He said that we moved this permanent easement outside this property line. Mr Berglund originally appraised the damages at $800 and $200, total of $1,000; now we have just received word that he eli- minated $200 from the Collins property It is going into a small portion of the Lexington Golf Club and he now gives Mr. Smith a nuisance value and Mr McGrath none The Chairman asked what was the basis for the $800? Mr McSweeney replied that it was ten percent of the value, it Hill St.- is very clear there is room for the house and even room for a garage. Diana The Chairman asked how much of the easement was on his property Lane Mr McSweeney said, 20' , all on his property. The Chairman asked if we are taking any trees off the Smith property on the temporary easement Mr McSweeney answered in the negative The Chairman said that there is no question that he is entitled to something for taking part of the 20 feet. He asked if there were damages for the back? Mr McSweeney said, no, it is entirely on our land Upon motion duly made and seconded, it was voted to award the following damages on the Hill Street-Diana Lane trunk sewer: $200 to Arthur W. Collins, 79 Hill Street, Edgar E Smith, 81 Hill Street, no damages Mr McGrath, 77 Hill Street, no damages; Lexington Golf Club, no .damages Mr McSweeney informed the Board that he would like to recommend to the Board that Harvey Adams be appointed as Senior Engineer. He has been with the Engineering Department for nine years and is a grade three junior engineer and, if appointed, would be stepping up to grade four. The Chairman said that Mr. McSweeney would be hiring a new Senior grade three. Engineer Mr McSweeney replied, at budget time; there are four students graduating from Wentworth who are interested in the position. Mr. Gray said that he has known Harvey for some time and he is qualified for the position The Appropriation Committee felt that we should wait until next year to fill the job but now agrees to a decision made by the Board Upon motion duly made and seconded, it was voted to appoint Harvey Adams as Senior Engineer, effective May 19, 1969 with an anni- versary date of April 1, 1969 The Chairman said that he would like to discuss the TOPICS pro- gram. The Planning Board is asking us to send a letter to Commissioner Ribbs requesting that Lexington be considered for funds TOPICS Mr. McSweeney said that the TOPICS program was instituted in 1967 and is a traffic operations program to increase capacity and safety and provides 50 percent federal aid and 50 percent state aid They first need a comprehensive study of Lexington to determine where these e)O2 improvements are needed Their continued maintenance must be agreed to in writing; it is a long range program and no monies of the Town are involved. After three years, Wellesley is presently implemting the study with the federal government; they are the first town in- volved It is supposed to be for over 50,000 population, but in Massachusetts they are dividing it up with towns of over 10,000 and cities of over 50,000. It is handled by Mr. Amadon, on a part-time basis, for the state. It is the feeling of the Planning Board and Mr Amadon that if we applied, our application would go in like any- one else; they pay for the study All we do is send in a letter, then they will initiate a study through a consultant, but the im- provements are localized; it is increasing the capacity for existing arterials and could possibly mean the widening of Spring Street. Mr. McSweeney asked Mr Legro if we needed the approval of Town Meet- ing to enter into this agreement, even though this is 100 percent funded? Mr. Legro said that it depends on what the agreement is; ordi* narily, there must be Town Meeting authority for accepting federal funds. He asked if the Town pays for stage two? Mr McSweeney said, no, at stage two, if the state and federal have decided that this is what they want to do, they will come to the Town and ask for local agreement; they have to get written ap- proval from the local governing body Mr Mabee asked if we have to have it if we don't like it at stage two? Mr Greeley said that we have to agree; once they build it, we have to maintain it. He asked Mr Legro if we have to take all of phase two, or none of it, or if we can be selective? Mr. Legro said that if we take something, we have to have authority from Town Meeting. The Chairman suggested that Mr. Legro check out the TOPICS program. He asked if the Article we have drawn is broad enough to include this? Mr. Legro replied that it may very well cover it It was agreed to hold up the letter to Commissioner .Ribbs until Town Counsel checks out the TOPICS Program. Mr McSweeney said that he would like to discuss Chapter 519; he said that we need money As far as the Traffic Safety Committee is concerned, we need improvements to Worthen Road and Massachusetts Chapter 519 Avenue and to increase our capabilities at Massachusetts Avenue and Waltham Street and Waltham Street and Marrett Road These inter- sections need a certain amount of improvements and he would like the Board of Selectmen and the Traffic Safety Committee to get in- volved in Chapter 519. He would like to see some direction, ter take care of Massachusetts Avenue - Worthen Road and. Bedford Street - Hartwell Avenue. 303 The Chairman informed him that he must come up with justi- fication on Town Meeting floor; last time, we had no justifica- tion to warrant the money. He asked Mr. McSweeney to come up with justification for the Board to support it. Mr Greeley said that he was not familiar with the extent to which the State Public Works Department could exercise on the stop lights As a Town Meeting member, he was unhappy when issues arise and Public Works won't let us do things. He would like to have more of an answer as to what the State DPW regards as criteria The Chairman said that this is the setup as far as justifi- cation and control granting permits. Mr McSweeney said that this is taken care of by one man in State Traffic Mr Greeley said that we ought to get correspondence on this Mr Gray said that we have submitted application for inter- sections. We put up a sign before it was approved and they made us take it down We requested lights along Bedford Street Mr, Greeley said that we ought to make a request and publi- cize the answers Mr. Kenney discussed the continuation of the beautification of the center and questioned whether the Board is making a mis- take. Mr. Bailey asked if anyone had clearly stated what would happen with the test pattern? Mr Kenney felt that we should not deny parking; we could cut down on the islands He had seen traffic backed up to the Post Office at 4 00 P.M , and asked what happens when the islands are put in? Mr Bailey asked what happens if everything comes out as Lexington trouble? Center The Chairman said that the flow of traffic is really what we are looking for; if we didn't have 11' lanes, we wouldn't have half the problem we have Basically, as I see it, we are not going to build it until November. We can't move those trees now, and wouldn't want to run tests in July and August If anything is going to be done, if we did run some tests, if we do it next fall , we might find out that the traffic flow isn't going to be affected Mr Mabee said that the Committee would like the oppor- tunity to study it in depth, why not give it back to them? The Chairman said that he was not concerned with the park- ing pattern. Mr. Mabee said that you could tell them that there is something to be learned The Chairman said that the Committee was strictly on de- sign, not traffic 304 Mr . Greeley said that they are our Committee, we asked them and the Planning Board to review again and it was the concensus that it ought to go forward as originally planned; that is what I voted for . The Chairman said that it was the opinion of the Board, as we voted. Mr . Gray said that a letter has been received from Mr Jaquith requesting a meeting with the Board Arts & to discuss a request from the Arts and Crafts Society Crafts for a sign on Massachusetts Avenue and Waltham Street Sign showing the location of the Arts and Crafts Building. The Chairman instructed Mr Gray to talk with Mr Jaquith to find out where the Arts and Crafts So- ciety proposes to put the sign, and report back to the Board Mr Bailey said that he was interested in hearing comments relevant to overtime for firefighters. Mr . Legro said that the statute is if a fireman is required to work beyond the normal hours, unless the department gives him equal time off, it must pay him such an amount, but not less than time and a half is Fire not mandatory. It is recommended that the department Department get something in the nature of an application to volun- Overtime tarily work these days and it would be straight time . The Chairman asked where the statute does apply? If a fireman should get off at 6:00 o'clock but does not get off until 10:00 o'clock, do you pay time and a half? Mr Legro said, yes, any time the department head requires them to work beyond the regular hours. He asked Mr Bailey what happens if they are short-handed? Mr Bailey said that they go through the list again when this happens. Mr . Legro said that they should be consistent about it. Mr Bailey said that the men would rather have the time off than the money. Mr . Legro said that they may be working on other jobs The Chairman said that he would like the Board to appoint a salary committee next Wednesday night and Personnel would like a recommendation for the language for the Salary function and the charge. He would like the Board to Committee be increased to seven members, as each time they met last year , only three would show up; if we have seven members, there should be at least five at every meeting. They would operate permanently and, with what we want them to go into, we should go in that direction. We should contact Don Noyes Sidney Williams and Bill Welsh. He asked the Board's feeling about asking them to con- sider serving; he would like some recommendations . Mr . Greeley asked if there should be someone from the Appropriation Committee? The Chairman said that it could be Ed Furash; Nancy Hudson said that she would serve . He asked the Board's feeling regarding seven members? Mr Mabee said that he had no objection; a great deal depends on the makeup of the committee . He sug- gested talking with Don Noyes, Sidney Williams and Bill Welsh and see what the individual feeling is . Mr . Greeley said that he would rather have five members who would come regularly, but would have no ob- jection to seven members. Mr . Mabee said to ask Don Noyes; he could be chair- man; we should appoint Neil Chapman as an Ex-officio member ; he camtt make the regular meetings. 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 public interests or the reputation of any person After discussion of matters of financial interest to I the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9:55 P.M. . A true record, Attest: Executive Clerk, Selectme/ 306 SELECTMEN'S MEETING May 23, 1969 I A special meeting of the Board of Selectmen°was held in the Selectmen's Room, Town Office Building, on Friday, May 23, 1969, at 8:30 A.M Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present Mr . Legro, Town Counsel, Mr Gray, Executive Assistant, and Mrs. Petrie, Acting Clerk, were also present The Chairman reported that through inadvertence Article 3 of the Warrant for the Special Town Meeting to be held on June 2, 1969 sought to authorize the Ap- propriation of funds for final plans for the junior high school rather than for the construction and ori- ginal equipping and furnishing of the junior high school as had been intended The error had apparently occurred through the use of the wording of Article 13 of the 1968 Annual Town Meeting rather than the wording of Article 13 of the 1969 Annual Town Meeting General bids for the junior high school were opened yesterday, and it is imperative that immediate action be taken to call a special meeting pursuant to a warrant which will include a correct article Upon motion duly made and seconded, it was unani- mously voted that the situation related by the Chairman constitutes an emergency in that immediate, undelayed action is imperative . Upon motion duly made and seconded it was unani- mously voted to call a Special Town Meeting to be held at 8:15 P.M. on June 2, 1969, and to sign the warrant for that meeting as presented by Town Counsel and in- cluding an article to receive reports of Town officers and committees and an article to provide for authoriza- tion for the Permanent Building Committee to enter into a contract or contracts for the construction and ori- ginal equipping and furnishing of a new junior high school and to appropriate money therefor Upon motion duly made and seconded, it was voted to adjourn at 9:30 A.M. A true record, Attest: Acting Clerk Selectmen 3t14 SELECTMEN 'S MEETING May 28, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Wed- nesday evening, May 28, 1969 at 7: 30 P .M. Chairman Cataldo, Messrs Mabee, Kenney, Greeley, and Bailey were present. Mr . Legro, Town Counsel, Mr Gray, Execu- tive Assistant, Mr . Burke, Superintendent of Public Works Mr . McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Mr . Legro requested the Board to sign an Order of Taking covering the Chandler, land on Grove Street; this was voted by the Board for Conservation purposes. no damages because of a firm price of $13,000 on the op- Chandler tion. The land certificate, described the lot as 7.5 Order of acres but the deed into the Chandler land, the option Taking and Order of Taking describe it as 7 .9 acres; the old Assessors ' map has it as 8 .25 acres Upon motion duly made and seconded it was voted to sign the Order of Taking on the Chandler land on Grove Street. Mr . Greeley asked if we know where the boundaries aret Mr Legro replied, pretty much; the distance in is 32+ feet along the boundary going out to Grove Street. Mr . Greeley asked if a survey should be made before we take it/ Mr . Legro said that it was not necessary; we are going to get what is there . If we were doing it on the price per acre , we should, but this is a fixed price . Although the option says 7 9 acres, the price isn't based on that amount. We are getting all the land that is on the deed. Technically the agreement will be per- formed by May 30th Mr Smith is content with it. Mr . Legro requested the Board to sign the Order of Taking for a drain easement off Woburn Street in the land of George Hamperian and Thomas G and Margaret F. Drain Magner . Easement Upon motion duly made and seconded it was voted to Hamperian- sign the Order of Taking for a drain easement in the Magner property of George Hamperian and Thomas G. and Margaret F. Magner . I 308 Mr. Legro requested tyle Board to sign the Order of Taking for a drain easement off Bedford Street, northerly from the B & M right of way, in the proper- ty of Hugo and Rochelle Rossi, 15 Ledgelawn Avenue. Upon motion duly made and seconded, it was voted to sign the Order of Taking for a drain easement in the property of Hugo and Rochelle Rossi. Mr. Legro said that he had an Order of Taking of a sewer easement from Spring Street to Barberry Road to Concord Avenue; this is somewhat interrelated to the Hayden Avenue trunk sewer. Mr. McSweeney said that the Board voted no dam- ages to Kennecott Copper. The Board voted to take this from the existing sewer easement to Hayden Avenue. The Commonwealth of Massachusetts had taken an easement and laid the pipe across Route 2; the Town decided to take a portion; the taking is one-half of the easement and the State has one-half. We have a letter from Mr. Mistretta and he will work with Mr. Legro. We have a problem in that it will take the State from one to two months to make the taking; they are re-routing the sewer for the Kennecott Copper building. The Chairman asked what the Town is doing on the sewer across Route 2? Spring St. Mr. McSweeney said that we are holding back a pay- Barberry ment from DeMatteo Company. Road The Chairman asked what happens if we are redy I Concord and it is not fixed? Avenue Mr. McSweeney said that he had talked with the Sewer State Chief Construction Engineer who said that he would hold this. DeMatteo said that he is not going back, and it should be cleaned; it is 28 feet deep and the pipe is 10 inches in diameter. They should have left it in a better condition. It is not hard to clean, but it is a matter of principle and it is dif- ficult for us at 28 feet down. The DeMatteo contract was with the State and the State inspected it. Mr. Legro said that his question is whether Spring Street and Hayden Avenue sewers are so interrelated that we dontt want to make the taking for Spring Street until Hayden Avenue is resolved. He asked if Spring Street would be of any value without Hayden Avenue? Mr. McSweeney answered in the negative. Mr. Legro said that when he found that the State easement was on this parcel; we had to cross the drain easement which was not taken on behalf of the Town, I wrote to Mr. McSweeney and asked to have the State take the easement on behalf of the Town. Mr. Mabee suggested that the Board hold up on the taking. I 309 Mr. McSweeney said that the contract is awarded and the problem is that we have to go back to the State and try to expedite this . It was agreed to hold the Order of Taking. Mr. Legro said that he could draw a new Order and correct the dates in the event we don't have it recorded within the expiration of thirty days. The Chairman said that Mr. McSweeney has all the information and will call Commissioner Ribbs tomorrow. Mr. Legro informed the Board that he had received a copy of a letter from Lloyd V. Polhamus, 81 Blossom- crest Road, accepting an award of damages voted by the Board in 1967. He asked if there was enough money in Blossom- the appropriation to cover this; Messrs. Goldberg, crest Grabski and Abbott awards of damages are still pending award and must come out of this appropriation, also. Mr. Gray said that a transfer of $500 has been re- ceived to cover Blossomorest Road. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discus- sing, deliberating or voting an matters which if made Executive public, might adversely affect the public security, the Session financial interests of the Town or the reputation of any person. After discussion of a matter of financial interest to the Town, it was voted to resume the open meeting. Mr. Cortell met with the Board. The Chairman informed Mr. Cortell that the Board has a feeling of frustration because Town Meeting au- thorized the project at the "Res ", and there was an Old "res " appropriation of $30,000 to develop it. We find that the equipment is not made and not available; before we spend any more money, we wanted you to give us the in- formation you have on the equipment. Mr. Cortell said that we found a manufacturer who could produce this equipment and we prepared the speci- fications and submitted them to Public Works for them to get the equipment ordered. We were assured by the distributor that the equipment was available and he gave us the details as to what was required. When we went to order the equipment, we were advised that word had been received from the factory that the equipment had been discontinued and they did not anticipate that particular unit would be available again. We decided that we would not proceed any further until we found an adequate substitute. I am pleased to report that I have been able to locate equipment that will be 310 satisfactory from a company not very far from the original com- pany and they are very familiar with the work we had done; they are very knowledgeable as to our needs. I have spoken to a gentlemen who has completed the specifications but will not have the written information before tomorrow or Saturday. If we are in a position to place the order, it will be approximate- ly two weeks. The cost of the equipment is approximately the same: as we anticipated on the original. The Chairman asked if .Mr. Burke has all the information. Mr. Cortell said that he has nothing; it was late last night when I got it. The Chairman said that we take it as a mandate from Town Meeting to get this project going. If it is not going to be this week, forget it. Mr. Cortell said that everyone involved had no way of knowing whether the company would or would not provide the equip- ment; they made the decision that they would not provide it. The Chairman asked when he would have the complete informa- tion on whether we should go ahead. Mr. Cortell said that he would have the information before the week is out and we should be ready to move next week. He has never done business with this firm before but they have sold two units to a firm in Littleton and he will go there and look at them, if he has the time. The Chairman asked if Mr. Cortell believes that the firm will deliver in three weeks? Mr. Cortell said that they feel they will be ready in two weeks, and ready for shipment within three weeks. The Chairman asked if he had gone over the figures to see how the budget stands? Mr. Cgrtell said that they have budgeted around $7,000 for the equipment and the quote was well within the $7,000. The only problem is the electrical connection. The Chairman said that we would like to know where we are going and the dates as fet-es opening the area; Recreation has to hire people. Mr. Cortell said that he would like to shoot for July 4 if we can get the power in. If we can get the equipment and can do something, it would be worth its we may be able to swim there in August, but I don't know. The Chairman asked Mr. Cortell to get all the facts together and discuss them with Mr. Burke. Mr. Cortell retired. Mr. Greeley said that we will advertise the bids on the "Res" in next week's paper. Mr. Donald Graham net with the Board. TOPICS The Chairman said that the Board wanted to get his views on the TOPICS Program. 311 Mr. Graham said that he would use as a text, the Bureau of Public Roads' memo on it; the requirements that have to be followed for the State to qualify for the program. First, it is a new pro- gram, authorised as TOPICS, and the purpose is to encourage the states to undertake a program for improving the capacity of exist- ing streets and they have authorised $200 million, a total program of $800 million. Mr. Greeley asked if it began on July 1, 1969? Mr. Graham said that it includes the fiscal year of 1969-1970 and money for two fiscal years following that; it should be accom- plished by the summer of 1972. It is a systematic program and planned for the entire Metropolitan area as a highway improvement plan and the State already qualifies for that on an area-wide TOPICS plan developed for three kinds of streets. He said that he didn't know what the State classifications are for specific streets; if Bedford Street is secondary, Hartwell Avenue could be a primary street. Also, type two could be parts of the downtown area, not necessarily Massachusetts Avenue, to make downtown complete. The selection of type two is done by the State; the final decision on the street is made by the Bureau of Public Roads; if the State says that Hartwell Avenue is not on it and we can prove it should be, the Bureau takes that into consideration. The important thing is the plans, they have to be comprehensive, they have to be either for the entire street, like through the area of Massachusetts Avenue, tor a Major portion of the street. It is a comprehensive approach so that traffic will flow smoothly, rather than backing into intersec- tions. Basically, it is a system that has to be inventoried, He propose to fill in the gaps so that preliminary plans have to be done, The Chairmen asked if this is the money they are asking for at this Town Meeting. Mr, Graham said, $5,000; this is what we need; roadway types and conditions, public transportation route', existing traffic laws and all the practices authorised and unauthorized; difficult park- ing, handling of trucks loading and unloading, to determine the capacity of the road and to classify the traffic by the motor vehi- cle type, whether a primary commuter road or a truck route; in- formation on the traffic itself, peak-hour traffic and kinds of speed that are possible as to access, the Accident rate and access to commercial airports; this is relevant here as Hanscom is a commercial airport. After we go through the inventory and the kinds of improvements we think should take place, we have to go to the State. The kinds of improvements actually eligible are widen- ing of additional traffic lanes, grade separations, highway cross- ings, installation of control systems signals and other -devices required; street lighting helps to reduce traffic accidents and, also, modification of curbs; these help to get a better handling of traffic flow; there could be a short section of reconstruction of a street to build a street through and make it part of the system. This is the kind of thing the State should do but in 312 order to make sure Lexington gets involved, we are recommending that Lexington take the initiative; if this gets off the ground, Lexington would be only one town involved. Boston, Quincy, Maldep and Cambridge could use up all of the money in Massachu- setts. The Federal Division Engineer has to receive written assurance that the body approves prior to construction; there has to be written evidence, This means that the total program for TOPICS is made up of individual projects. Mr, McSweeney said that the TOPICS Program is based on Chapter 90 roads; i.e., they could widen Waltham Street. Mr. Kenney asked what they could do for Adams Street? Mr. McSweeney said that they Would take out the curbs, Mr. Kenney said, in other words, they come up with a com- plete package. The Chairman asked, suppose that we appropriate $5,000 and there is no money available. Mr, Graham said that we could still find out the important things to do that we couldn't do ourselves. The Chairman asked if they did the master plan and we did accept it, would this master plan be available to us to resoles our problems? Mr. Graham said it would be; we would still have to go through the specific designs for specific improvements. The Chairman asked how much money we would have to spend? Mr. Graham said that he wouldn't say more than $5,000, The Chairman said that we would be getting new information that we don't have available now, Mr. Graham laid that, basically, it is filling in the gaps. They would like to do it with In-house skills. Mr. Greeley said that the cost is $5,000, plus a lot of staff time, Mr. Graham said that Worthen Road was mentioned and there was $5,000 for that, Mr. McSweeney said that if you want to enter into the TOPICS Program and the State is willing to do stage 1, at stage 1, they will hire the services of a consultant and it would cost more than $5,000 for the 2nd stage, Why should we initi- ate this, I don't see how we can acquire this In-house and a consultant for $5,000. Mr. Graham said that if we don't put any money in, we will never see TOPICS. Mr, McSweeney said that he felt that we should be a little more realistic; phase 1 can be done by the State and no guaran- tee of funds and they will proceed on this basis. Mr, Greeley said that Mr. Graham is saying that there wouldn't be enough money for phases 2 and 3. Mr, Graham said that Boston and Malden will be concentrating their attention on it. Mr. McSweeney said that they have the data for that. The Chairman asked how this would tie us down? 313 Mr. Graham said that if we have to assemble the information and inform the State, the information doesn't commit us to anything - nothing can be done without this written agreement . The Chairman asked why the Appropriation Committee turned it down? Mr. Graham said that they haven't turned it down, they think that this is too complicated. Mr. Kenney asked if he was saying for the future control of the traffic, we •should have this? Mr. Graham replied in the affirmative . Mr. McSweeney said that under Phase 1, we would have information of value . Mr. Greeley asked if Town Meeting turns this down, would the Planning Board recommend going after the State to do the phase 1 job? Mr. Graham said that the first thing is a letter to the State . The Chairman said that we haven't sent it in. Mr. Greeley asked if he felt it important enough to go after the State and ask them to do it? Mr. Graham answered in the affirmative. Mr. Greeley said that marking funds for stage •2 and 3 might not come around and you feel it should be $5,000 in order to qualify for the State and Federal government. Mr. Graham said that we are going to get all kinds of support form the Bureau of Public Roads ; it wants Lexington as a prototype . The Chairman asked if there was any indication that the State would appropriate their share of the money? Mr. Graham said that the money is there. The Chairman said that they will discuss what posi- tion the Board wants to take on this and if it is favor- able, Mr. Greeley will present it. Mr. Graham said that if the Board says it is unfavorable, the Planning Board might say that they do not recommend it . Mr. Graham retired. Later on in the meeting, the Chairman asked the Board's opinion on the traffic study. Mr. Kenney said that on the basis of what Mr. Graham said, it may be $5,000 ; before we signed up for TOPICS, I would like some more information on it. Mr. Bailey and Mr. Greeley agreed to support it; Mr. Greeley said that he will tell Town Meeting that he is not sure of Stage 2 and Stage 3 and is not convinced that they are going to go farther. I 314 Mr. Gray informed the Board that a letter has been received from John Byrne, Plumbing Inspector, request- ing that a substitute be appointed for the period of June 16-19, as Mr. Byrne will be attending a convention Substitute of master plumbers in Florida. Plumbing Upon motion duly made and seconded, it was voted Inspector to appoint Thomas W. Kelley, Assistant Building In- spector, as a substitute Plumbing Inspector for the period of June 16-19, 1969. Mr. Gray informed the Board that Mr. Jeremiah, Wire Substitute Inspector, is ill and he recommended that Mr. Edward Wire Burke be appointed as substitute Wire Inspector until Inspector Mr. Jeremiah returns. Upon motion duly made and seconded, it was voted to appoint Mr. Edward Burke as substitute Wire Inspector until Mr. Jeremiah returns to work. Mr. Gray informed the Board that he had contacted Mr. Esserian and Mr. Kleeburgregarding the tax title lots. Mr. Esserian offered 2500 for the three lots and Mr. Kleeburg, $2,000; Mr. Ryan offered $1,000 for the Tax smaller lot which abuts his property. Title The Chairman said that we will hold this item until after Town Meeting. Mr. Gray said that he will tell them that the Board will advertise the lots. Mr. Greeley suggested that it be added to one or more existing lots. Mr. Gray said that he will talk to the people and tell them that it will not be done until after Town Meeting. Mr. Gray said that Mr. Whelan has indicated that Camp, Dresser and McKee wants a study to be made at the sanitary disposal area and Mr. Gray feels that this is Town going to require at least two men for a week and we Dump don't have the men. Mr. Burke said that they want it classified, the trucks measured; we would have to stop each vehicle. The Chairman informed Mr. Gray to tell Mr. Whalon that this is impossible. Mr. Burke informed the Board that Starrett Company has a contract to resurface Route 2A through Lexington, Lincoln and Sudbury. We were notified that it was to be resurfaced and that installations should be done. We got a letter that Starrett was the contractor and we have to raise our water gauge valves; there are 400 of 315 them and we have no money. He requested the Board to II authorize him to negotiate with Starrett to do the work. Mr. Kenney asked why the State didn't notify him? Mr. Burke said that the only notification was that they were going to resurface. We had $50,000 in the street resurfacing account. Mr. Gray said that it could go to highway mainten- ance account. The Chairman asked Mr. Legro if it could come out of this account? Mr. Legro asked Mr. Burke if he was going to do his resurfacing, he would have to spend money to raise the manholes? Mr. Burke replied in the affirmative. Mr. Legro said that he thought it could be done but the Comptroller would have to answer this. Mr. Burke said that he had called Starrett and they will let me know if they can do the work. The Chairman said that our only approach is that we have to get them raised. Mr. Burke will get a price from Starrett; it is not mandatory that Starrett do it and Mr. Burke can get another price. Mr. Legro said that we can invite two or more bids; we don't have to advertise. The Chairman said that, then, we work out the mech- anics oh how we are going to pay for this. Get a price and we will award on Monday night. The Chairman said that he had discussed the Person- nel Committee with the Appropriation Committee; they wanted to- hold off until they resolved their thinking. I talked with Don Noyes and he would rather have five members than seven; Bill Welch won't be available as he is going to New York. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen's Meeting held Minutes on April 28, 1969. The Chairman read a letter from the American Legion regarding children using the park area between the le- Legion gion and School Administration building for a ball field. It was agreed that Mr. Gray is to talk to the Recrea- tion Committee and the Chief of Police to see if the area could be restricted during certain hours. The Chairman informed the Board that the plans for the Town Office Building are ready; all of the alternate Town Office plans are here and Plan 3, which is what we finally ac- Building cepted. On the Police Station, we will leave the cell 1 316 block where it is as we felt that it is cheaper to spend $6,000 or $7,000 for a garage. The Chairman asked Mr. McSweeney if he had met with the industrial people on the Lexington-Hanscom Field Traffic Study? Mr. McSweeney said that a committee has been set up with the facilities people and he felt that, with the Board's approval, they could meet with some- one in the State; the Traffic Committee would be the steering committee. We could see Commissioner Ribbs and will be told that it will fit into some program and it will be five years off. He requested permis- sion of the Board to meet, the Board and the facilities people, with people from Bedford. Mr. Greeley asked if it would be more effective if the study was transmitted to Commissioner Ribbs rather than Bedford? Hanscom - Mr. McSweeney said that we discussed this and felt Lexington that the first approach would be to soft-pedel on Bed- Field ford. Traffic Mr. Gray said that if we approach Bedford and say Study we have had this made, it may be the end of it. I think we should talk to the State first, as a matter of courtesy. Mr. McSweeney said that we have money left to co- operate with the State for anything further they might want. We will set up a meeting with Commissioner Ribbs and will ask Mr. Cole. Mr. Bailey -said that he was pessimistic. The Win- ter Street interchange is as incomplete as it was three years ago when the industrial representatives talked with Commissioner Ribbs and were told that it would be at least five years to get the money. Mr. McSweeney said that we have new money avail- able now. It was agreed to set up a meeting with Commissioner Ribbs, Mr. Cataldo, Mr. McSweeney and Representative Cole. t Mr. Legro said that ha had received word. that HUD will not approve the transfer of control of two parcels Jr. High concerning the Junior High. He had a question on the Article opinion if we were violating the contract if the play- fields were put on conservation land; primarily, it affects the School Committee. It means indefinite post- ponement on the transfer article. I have a motion prepared if they wish to go through with it, but I don't think it can be done. HUD won't give approval in return for land already held by the Town; only for new land. I suggested to the Committee that it be sure there won't 317 be any reduction in the school assistance funds; it may eliminate aid if the fields are built on conservation land; they have always required that we have the land for school purposes. Technically, there is a serious question whether the appropriation under this Article, building a playfield on conservation land, is within the scope of the Article. If they get up and talk about building a playground on conservation land, when they go to spend the money, they had better make up their minds that they are not going to be getting any reimbursement. Upon motion duly made and seconded, it was voted to adjourn at 10:05 P.M. A true record, Attest : Executive Clerk, Select n 318 SELECTMEN'S MEETING June 2, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 2, 1969 at 7:00 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Execu- tive Clerk, were also present. The Chairman requested the Board to sign the form, Cert. of received from the Secretary of the Commonwealth, oerti- Inoorp. fying the character of Roger Elliott, 25 Blossomorest Road, "Combustion Engineering Association, Inc. " * Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the special meeting held by the Selectmen on May 23, 1969. Mr. Gray informed the Board that he had talked with Mr. Jaquith regarding the petition of the Arts Arts and and Crafts Society for a sign to be posted in Lexing- Crafts ton Center on Waltham Street, showing the location of the Arts and Crafts building. Mr. Jaquith said that he had no information on this until after the hearing on June 5, 1969. Mr. Gray informed the Board that Dr. Smith re- quests permission to fence in a small area in order to separate the dogs delivered to him by the Dog Officer; the cost figure is not available but will be given by next Monday evening. Mr. Gray said that the Board will have to seriously consider putting something in Dogs tho budget. Dr. Smith would not mind if another loca- tion was found for the dogs, as he is afraid that dis- temper would spread throughout the kennel. He does have an area which could be fenced off by a 6 foot ohainlink fence and he would take care of this, if the Town would bear the Dost. The Chairman said that the Board would not con- sider fencing this area. Mr. Greeley said that no shelter would be provided with this arrangement and he felt that the dogs should be protected from the elements. Mr. Mabee suggested that the Dog Officer come be- fore the Board. * Upon motion duly made and seconded, it was voted to certify the character of Roger Elliott, 25 Blossom- crest Road, "Combustion Engineering Association, Inc." 319 It was agreed that the Dog Officer would meet with the Board on next Monday evening to explain the situation at the kennel. Mr. Burke informed the Board that three bids had been received on May 29th for the paintingof the water tower; Interstate Contracting Company, $1},500; Ahern Company; $17,695; Leonard Company, $34,000. He recom- mended that the contract be awarded to the Interstate Contracting Company of Pennsylvania for $14,500. This company has had several contracts in this area and Mr. Burke .checked with Brookline on the quality of work per- formed; Brookline gave a good recommendation. There is Painting a problem involved as this company is out of state and of Water must file for a certificate stating that the company Tower will comply with specifications 3 and 5 of the State Statutes. Mr. Burke has talked with their attorney and the company is in the process of being certified. He recommended that the contract be awarded, pending re- ceipt of the certificate. Mr. Mabee asked if $14,500 included the consultant's fee? Mr. Burke replied that it did not; it would be $1,000 for the consultant 's fee and we have enough money in the water to cover this . Upon motion duly made and seconded, it was voted to award the contract for the painting of the water tower to Interstate Contracting Company of Pennsylvania, in the amount of $14,500, pending receipt of the certificate. Mr. Burke informed the Board that he had checked the cost of raising the manholes before the State raises the pavement on Route 2A from the Arlington line to Maple Rte. 2A Street and Route 128 bridge to the Lincoln Line. Massa- Manholes chusetts Broken Stone Company gave a figure of $35 per manhole and Starrett Company agreed to $30 per manhole and $15 per gatebox. Starrett Company will perform the work; there are 70 structures and the cost involved will be $1660 which can be charged to the street program. Mr. Yewell met with the Board. He said that he bad received bids on $1,000,000 to be borrowed in anticipa- tion of taxes and recommended that the Board award to Trea— the low bidders. surer He requested the Board to sign the notes and the delivery authorizations. Upon motion duly made and seconded, it was voted to award the contract to the low bidders, to sign the notes and delivery authorizations to the following banks : 320 Lexington Trust Company on $500,000, 4.40 discounted New England Merchants on $250,000, 4.49 discounted National Bank Capitol Bank & Trust Co. on $250,000, 4.49 discounted The Article on incineration was discussed and the Articles Chairman said that if the appropriation is voted, the Committee has agreed to come back to the Board before any money is spent. The Board unanimously agreed to support the Article on acquiring the Douglass property. Upon motion duly made and seconded, it was voted to adjourn at 7:26 P.M. A true record, Attest : Executive Clerk, Selectmen 1 3 21 SELECTMEN'S MEETING June 9, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 9, 1969, at 7:30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Assistant, were also present. At the request of the Town Clerk, three jurors were drawn as follows : Jurors Klaus Schneller 12 Blossom Street Graydon M. Wheaton 5 Hadley Road Daniel J. Griffin 384. Woburn Street The Chairman asked the Board to approve the request to the Appropriation Committee for a transfer of $3,000 to the Election Account, to cover the payment of out- Transfer standing bills in the amount of $800 and the cost of the Referendum; there is a balance of $163.19 in the account . Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer of $3,000 to the Election-Selectmen Account No. 1900. The Chairman asked the Board to approve the request om: frthe Town Clerk for a transfer of $1500 to Election Account No. 1950. Upon motion duly made and seconded, it was voted to approve the request of the Town Clerk to the Appropria- tion Committee for a transfer of $1500 to the Election- Town Clerk Account No. 1950. The Chairman read a letter from Town Counsel, re- questing that the Board sign a release relating to the Town's claim against the Middlesex and Boston Street Railway Company, in the amount of $172.60. Release Upon motion duly made and seconded, it was voted to sign the release relating to the Town's claim against the Middlesex and Boston Street Railway Company, in the amount of $172.60. The Chairman read a letter from Daniel Small, request- ing permission for the "18 x 72" organization to held an Permit auction on the green in front of the Visitors' Canter on Saturday, June 28, 1969. Mr. Kenney said that he had no objection as long as there was a responsible adult to supervise the auc- tion. Upon motion duly made and seconded, it was voted to grant permission to the "18 x 72" organization to hold an auction on the green in front of the Visitors' Center on June 28, 1969, subject to the stipulation that a letter be submitted to the Board stating the name of an adult to sponsor and supervise the auction. The organization is to contact Mr. Mazerall to make arrangement for the use of the .green. Mr. Burke requested the Board to approve the re- classification of two employees. One, Joseph R. Medlin has been in training as a shovel operator and has passed the required examination for a hoe equipment operator. He has been making $3.10 per hour, W-3-D, since 1966 and it is requested that he be reclassified as shovel opera- tor, W-5, Step D, at $3.41 per hour; effective today and the anniversary date of April first. He has operated a shovel since November and got his license early in April; there is only one item of equipment that he is not quali- fied to operate. The other employee is James F. Donovan who has been in training as a heavy equipment operator on a front, loader. He is a full time, S-2-A, Step B, at $2.74 an Public hour as a laborer. It is recommended that he be re- Works classified to W-2-B, Step C, at an hourly rate of $2.93, Employee effective today with an anniversary date of April first. If we keep him in the same step and gave a grade increase, it would only mean seven cents an hour. We are trying to take some of these men who are qualified to operate heavy equipment and move them into grade W-3 with the classification of heavy equipment operator. If the anniversary date is changed, it wopld mean to go 15 or 16 months without an increase. The Chairman said that he could understand the re- classification but hbt the step raise. It is difficult to set a precedent to give a step increase within a year. Mr. Burke said that he felt that the increase is not adequate by moving to the upper grade without the step. Upon motion duly made and seconded, it was voted to accept the recommendation of the Superintendent of Public Works and reclassify the following Public Works employees : Joseph R. Medlin as shovel operator, W-5, Step D, $3.41 per hour James F. Donovan as laborer W2-B, Step C, $2.93 per hour 323 R The Chairman read a letter from the Mystic Valley Gas Company requesting location of a 2" gas main in Phinney Road. This location has been approved by the Town Engineer. Upon motion duly made and seconded, it was voted to approve the request of the Mystic Valley Gas Company to locate a 2" gas main in Phinney Road. The Chairman read a letter from a resident of Dane Road and Foster Road, requesting permission for a block party to be held on Sunday, June 22, 1969, from 7:00 P.M. to 11:00 P.M. Permit Upon motion duly made and seconded, it was voted to grant permission to the residents of Dane Road and Foster Road to hold a block party on Sunday, June 22, 1969, from 7:00 P.M. to 11 :00 P.M. The Chairman read a letter from the residents of Taft Avenue, requesting permission for a block party to be held in front of 62 Taft Avenue on Friday, June 13, Permit 1969, from 9:00 P.M. to 12 :30 P.M. It was agreed to change the time from 12:30 P.M. to 11 :30 P.M. Upon motion duly made and seconded, it was voted to grant permission to the residents of Taft Avenue, Ann Street and Holland Street to hold a block party in fron of 62 Taft Avenue from 9:00 P.M. to 11 :30 P.M., subject to the restriction of the Chief of Police. The Chairman read a letter from the Promenaders Club, requesting permission to have a large truck parked behind Cary Hall for a clothing drive for Morgan Prom- Memorial on June 13-15, 1969. manaders Upon motion duly made and seconded, it was voted to grant permission to the Prom-manaders to park a truck in the rear of Cary Hall for a clothing drive for Morgan Mem oriel on June 13-15, 1969, subject to the regulations of the Superintendent of Public Works. Upon Motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification I.D.Oard card for Brenda Marshall, 19 Lillian Road. The proposed Jury List was discussed and will be ap- Jury proved at a later date. list Upon motion duly made and seconded, it was voted to Dog Off. sign the Warrant for the Dog Officer to service notice to Warrant the owners of unlicensed dogs, as of June 2, 1969. 34-2 ji Upon motion duly made and seconded, it was voted to sign the Order of Construction of Sewer on Blossom- crest Road. The Chairman read a letter frost lir. Conroy re- questing extension of Town sewer to the Kitchen subdivision. The Chairman said that he is asking us to vote to extend the sewer to this development. It was agreed to write to Mr. Conroy advising him that, when all the bids for the trunk sewer are in, we will be in a better position to consider his request. Upon motion duly made and seconded, it was voted to sign the Common Victualler License for Alexios Common Panagiotou, 178 Bedford Street,. subject to the approval Victualler of the Board of Health; also to inform Mr. Panagiotou License that the Board has voted that his establishment shall close at 11 :00 P.M. Upon motion duly made and seconded, it was voted Worthen Rd. to .sign the sewer betterment assessments for Worthen Waltham St. Road and Waltham Street. Mr. Mabee informed the Board that he would like to exercise the option on the Douglass property as soon as possible.. The Chairman informed the Board that petitions have been received for a Referendum on Article 9- Referendum Amendment to the By-Law, of the 8:15 Special Town. Meeting and Article 2-Appropriation for the new Junior High School, 8:00 Special Town Meeting, June 2, 1969. The signatures have not been checked and will be given to the Town Clerk tomorrow .morning for certi- fication. Mr. Belcastro, Dog Officer, met with the Board. The Chairman asked Mr. Belcastro to describe the situation at the dog kennel. Mr. Belcastro said that when he picks up dogs with distemper, he must tie them up outside, as Dr. Smith does not want them near the other dogs. Dr. Smith wants us to build a kennel in his yard so that the dogs will be separated. I prefer to. have a shed built at the dump and, if the operation is moved, I could move the shed, too. Mr. Greeley asked if he would take good care of the dogs? 325 Mr. Belcastro said that he would take the sick dogs to Dr. Smith. Mr. Kenney said that someone would have to check in on them seven days a week. Mr. Mabee asked how many dogs are at Dr. Smith's? Mr. Belcastro said that he is filled up; he has taken them to Dr. Chabot's, but he doesn't want any more; now I have to take them home. Mr. Greeley asked if six "runs " would be enough at the dump? Mr. Belcastro answered in the affirmative. Mr. Mabee asked the number of stalls we would need in town to take care of the current situation. Mr. Belcastro said that he would be happy with six stalls, Mr. Kenney asked what Arlington does about weekends? Mr. Belcastro said that they have a man five days a week and one part-time man on Saturdays and Sundays from 8:00 A.M. to 12 :00 N. They won't let out dogs on the weekend, and charge $2.00 a day for board. The Chairman said that the Dog Officer in Arlington has room for ten or twelve mores spaces. He asked if Mr. Belcastro could talk with him about them? Mr. Belcastro said that he had talked with him and was told that the Board would oul have to talk to the Town Manager. It was agreed that Mr. Gray is to talk with the Arlington Town Manager to see if arrangements could be made to take care of the Lexington dogs. Mr. Belcastro retired from the meeting. Mr. Taylor of the Permanent Building Committee met with the Board. He said that the time schedule, the 30 day period, when- we must award the contract, expires on July 7th. We must get approval of the Emergency Finance Board and the State Board of Education meets on June 24th. We must gobefore that meeting and we must have a vote of Refer- Town Meeting. We have to go to the Emergency Finance endum Board on June 26th for State Aid. We have to get these to let the contract by July 7th. The latest date we can • have the election is June 23rd. The Chairman said that is impossible; we would have to have the Warrant out by this Friday. The signatures would have to be checked.. On the awarding of the bid you could get an extension from Tocci. The State Board of Education wouldn't meet in July, anyway. The Town Clerk wants July 7th because of the people voting; we told her that we couldn't go to that date because of our statutes. It is impossible to have it on the 23rd. According to Mr. Legro, the other alternative would be if we changed the policy of the Town and go to a day other than a Monday. This is a decision that the Board would have to make. Mr. Greeley asked if we could have it on June 25th? Mr. Taylor said that the Emergency Finance Board could change the date of the meeting, but it is the Board of Education that bothers me. The Chairman said that, in his opinion, Mr. Taylor's most serious problem is with Bond Counsel on the playfield. Mr. Taylor said, you mean the Conservation. This is the first time anyone has indicated there would be a problem with Bond Counsel. The Chairman said that Mr. Legro told you. Mr. Taylor said that we presented a number of al- ternative ways we could build and he didn't agree with them. We have an Article for $5.5 million and $50,000 allocated to this; obviously, we can't build on Conser- vation land before we get it squared away. We could bond the $50,000 and turn it back to the Town. The Chairman said that Mr. Legro says that this is not the case. I am saying that should be squared away. Mr. Taylor said this is a misunderstanding; I will talk with Mr. Legro. Maybe, we won't build on that play area and might have to come back to the Town for an appropriation. The Chairman said that both Boards could talk with the State Board of Education and get a vote sub- ject to the Referendum. In the best interests of the Town, it should be set on June 25 or 26. Mr. Taylor said that if we had it on June 25th, we wouldn't have to re-schedule the meeting with the Emergency Finance Board; we could get approval of the Board of Education and go to the Emergency Finance Board. Mr. Legro came into the meeting. Mr. Taylor said that we have been talking about getting approval, subject to the vote of the Referendum. Mr. Legro said that they did give approval, before in 1965. The Chairman said that we can't set the date four- teen days before the calling of the meeting. Mr. Legro said that you are not going to vote to- night to call a meeting. 327 The Chairman said that if the signatures are certi- fied, we will have a meeting of the Board on Thursday or Friday morning to sign the Warrant and set the data of the Referendum. Mr. Legro said that within ten days you must call a meeting within fourteen days after the call; after the signatures are checked. Mr. Legro informed the Board that he had heard from Counsel for the owners of the Steeves property; the op- tion expired on June 16 and they have not been successful in making arrangements with the assignee, and they will have none. I suggest an extension of the option. I couldn't recommend the exercise of the option knowing the option couldn't convey full title and that would lower the value of the land and we would have no place to go but up. My opinion is to exercise the option, but it has just a week to go. Mr. Greeley said, in other words, make a taking by eminent domain. Steeves Mr. Legro said that the option says we shall not Property exercise without one or the other parcels . The Chairman said that you are telling us that next Monday we won't sign the option. - Mr. Legro said that it is his recommendation that II the Bo rd vote not to exercise the option but make the tak . . Greeley said that if we voted to make the taking, it wo d be the same amount of money. . Legro said that the Board would make a determina- tion o award of damages . e Chairman asked if he had talked to Mr. Smith about it? . Legro answered in the negative It was agreed that the Board would talk with the Con- servation Committee. The Chairman said that we discussed the Douglas■ prop briefly and would like to exercise the option. . Legro said that he has been waiting to make sure therli s no referendum. I think we ought to have a title Douglass examtion before the Board exercises the option; it Option will three or tour weeks. . Greeley said that the referendum on that did not come . . Mabee said that if the title is O.K. , we exercise the option. Upon motion duly made and seconded, it was voted to I adjourn at 9:12 P.M. A true record, Attest : 'tSe Executive Clerk, Selectmen SELECTMEN'S MEETING ' June 12, 1969 ) A special meeting of the Board of Selectmen was . held in the Selectmen's Room, Town Office Building, on Thursday morning, June 12, 1969 at 8:30 A.M. Chairman ,,(.fir t s1."w Cataldo, Messrs . Mabee, Kenney, Greeley, Bailey and Mrs . McCurdy, Executive Clerk, were present. Upon motion duly made and seconded, it was voted to call the Referendum for Wednesday, June 25, 1969. The polls will open from 7:00 A.M. to 8:00 P.M. Upon motion duly made and seconded, it was voted to sign the Warrant for the Referendum to be held on Wednesday, June 25, 1969. A true record, Attest : fie-446,1/2h- EXetive Clerk,rk,�tmen ` t} t,, f rF 1 SELECTMEN'S MEETING June 16, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening , June 16, 1969 at 7:30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr. Gr y, Executive- Assistant, Mr. BurkeSuperintendent of Pu is Works, Mr. McSweeney, Town Engineer, and Mrs. McCurd , Executive Clerk, were also present. . Burke, Director of Guides, met with the Board. He int oduoed Marianne Harvell and informed the Board that rianne had successfully passed her examination. He req ested the Board to sign the Guide 's License. e Chairman welcomed Marianne and said that, as a Guide repres ntative of Lexington, we look to her to protect the it ge of Lexington while conducting visitors on a tour o the green. Upon motion duly made and seconded, it was voted to issue a license to Marianna Harvell as Guide of II Lexington. Hearing was declared open upon petition of the New England Telephone Company to lay and maintain under- ground conduits and manholes, with the wires and cables to be laced therein, under the surface of Waltham M. Street Marrett Road, Bridge Street, Spring Street, Old Spring Street and Shade Street. N tires of the hearing were sent to the petitioner, owners of the property as listed on the petitioner's Under- plans, and also filed with the Town Engineer. ground . Dunn, representing the Telephone Company, said Conduit that this petition is presented for the underground con- Spring St. duit to be laid in the Southwest section of Lexington near the intersection of Routes 2 and 128. It will start t a, manhole on Waltham Street to Marrett Road. This w 11 be to serve five new buildings which are pre- sently under construction. Hayward Road is presently fed by four inadequate high voltage power circuits. This i necessary to serve the rapidly growing Lexington and wi 1 all be underground. The Chairman asked if everything above is going un- derground? Mie. Dunn said that we are negotiating as we are partners of the Edison Company on the poles. Going the II r, 330 Southerly sidewalk area, at Prospect Hill Road, we cross over to the Northerly side and continue from another manhole adjacent to Downing Road, then to a connection up to a pole 185' on Marrett Road beyond Spring Street. There is another underground coming down Bridge Street on Spring Street. We plan to stay out in the middle of the road for the project, but we do go in -for the manholes. This is still on the Southerly side of Spring Street. All manholes will be in the sidewalk. There will be a connection 225' up Shade Street and continue until opposite Shade Street when we go into the sidewalk area. As far as I know, there are no trees involved. This goes to the Route 2 overpass. We have existing ducts and propose to pick up the existing conduit at the Bridge to the Waltham-Lexington line. The Chairman asked where it was going on the other side of Route 2? Mr. Dunn said that it would stay on the sidewalk on the other side of Route 2 to the few feet from the Waltham-Lexington line. Any excavations in the side walk area will be backfilled for entrance to homes. The Chairman asked if, during the work, Spring Street would be wide enough to accommodate traffic? Mr. Dunn said that it would be; the work would be a little on the side of the Southerly center. Mr. Greeley asked if it would be one-way traffic? Mr. McSweeney said it would not be. Mr. Dunn said that the project would start in July and take from six to eight weeks to do the whole job. The Chairman caked if:.he knew if the overhead lines would go underground? Mr. Dunn said that the Telephone Company came to an opinion that their equipment could be moved under- ground at Old Shade Street and Spring Street; at the present time, they don't plan to take it down right away. Mr. Greeley asked if Edison would have to dig in another set of conduits? Mr. Dunn said that we were talking with Kennecott Copper and Raytheon and we have reached our agreement with them. The Chairman asked if it comes down, is this con- duit big enough to handle it? Mr. Dunn replied in the affirmative. We need this for the growth out there. We possibly have enough con- duit in there to do that. We have twelve ducts from Marrett Road to Spring Street, then nine going down 1 33 Sprin. 'Street. We do have turnoffs to feed the indus- trial concerns; they will bring their duct out to the prope ty line beyond; the subscriber line is costing them oney. Mc• Sweeney told Mr. Dunn that the Town would like 'he Telephone Company to come down in the sidewalk inste=d of the pavement on Old Spring Street and on Bridg Street. He said that there is new pavement, only two y-ars' old, on Bridge Street and asked if they could just/ y the need to come down as shown on the plan. . Dunn stated that he would check with their Engi- neers, but he believed there would be no problem moving the d ct, as requested. e Chairman asked if there were any questions? ry Barch, 43 Spring Street, asked who pays for this? . Dunn said, the Telephone Company. . Dose, 82 Spring Street, asked about running it in th= center of the street? . Dunn said that it would be a little to the South-rly side and would probably run from 2' '' to 3' deep d 3' wide; it would not affect the sewers. ▪ Done asked if the subscriber would pay? Dunn said that we are not .going to ask you to 11 pay; a will put it underground if people want it that way; the wires are overhead. Mir. Done said that we are satisfied with it the way it is. The Chairman said that we_aaked Mr. Dunn_if they were going underground completely. Tonight, they are asking for this to serve the industrial area beyond you peaple. If you ever get telephone service under- ground, you would have to pay for the installation of service from the property line to your home. Mary Barch said that industry has the upper hand. Erie Kula, 66 Spring Street, said that Mr. Dunn mentio:ied sidewalks and there are no sidewalks on Spring Street. Mr. Dunn said that we are about 6" in back of what is normally Oe curb line. T,'ze Chairman said that everything will be within the ri,;ht of way. C31. Schaffner, 379 Marrett Road, asked about the drivew.iys during the project? Mr. Dunn said that they will be kept open for you and piny back in the same condition as they are right now. Cil. Schaffner said that there are some walls, what happen* is they cave in? M . Dunn said that we have contractor's insurance. 1 332 The Chairman said that in our experience, the con- tractors have left areas in better shape than before they started. Mr. Baylies, 50 Spring Street, said that he is' not clear about the Edison Company; he hoped the Selectmen will tie the two together. Mr. Dunn said that in any new developments, we try to go underground. Edison, sometimes, goes along with us, sometimes not. We have one set of poles and are joint waters; Edison may have their reason not to. The Chairman skid that we asked Edison if they would use the same trench, and the answer was, no. Mr. Baylies said that if there was any chance to hook up_the two lines, and the expense was not too much, we should have the opportunity to look into it; over a long period. of time payment, it would improve the area. The Chairman said that we couldn't get into the ex- pense between you and the utility company. We asked Mr. Dunn if the subscriber wants underground service, would there be one payment or what? Mr. Dunn didn't know. Mrs. Trebino, 83 Spring Street, asked if it would interfere with the trees? Mr. Dunn said that if any trees are involved, it will be hand dug. Mr. Ridgley, 62 Spring Street, asked if this would improve the service where party lines are concerned? Mr. Dunn said that part of this is also for ex- change relief; as we go along, there can be improvements made for 1-party, instead of 2-party lines. Mrs. Trebino asked why the Telephone Company did not go up Route 2 instead of Spring Street. Mr. Dunn said that this is the• most direct route; we do have an existing line on Waltham Street to piek up. Mrs. Bolduc, 89 Spring Street, said that industry is being serviced at the expense of we residents. Mr. Dunn skid that all the new developments going up now as far as we can are going underground; industry is a big part of the service, too. Mr. Bolduc asked, do we have a choice? Mrs. Davison, 86 Spring Street, asked how many man- holes from Marrett Road to Shade Street. Mr. Dunn believed that there were seven manholes, all the way from Marrett Road to the Waltham line; going out Spring Street, it would be on the letthand side. According to our engineer, we are going on the Northerly side and, otherwise, the Southerly side; there will be nothing on private property. s. Davison said that, at the .moment, the road is 50' w de, no sidewalks or curbing where the manholes end u . She asked how, far from the center? . Dunn said that it was actually in the dirt shoul er on Spring Street; the manholes will be in the dirt. . Greeley said that Mrs. Davison is asking wheth r it will be close to the pavement. . Dunn said that it would be in the area which ghoul be the sidewalk; the underneath part of it would actually take the whole sidewalk. Mr. Done, 82 Spring Street, said that his lawn is part of the present sidewalk; it will come right on my lawn. Mr. Dunn told him that there was no manhole near him; it was quite a distance from Mr. Done's grass plot. Mrs. Trebino asked what side of the street would the sidewalk go in? The Chairman said that until Spring Street is de- signed, we can't answer you. In the final analysis, when Spring Street is reconstructed, you will probably find sidewalks on both sides .of Spring Street. Mrs. Trebino said that, then, we would not have any lawn. The Chairman said that we know what problems are there. Mrs. Deloury, 99 Spring Street, asked if it meant that manholes are going to be approximately where the poles are? Mr. Dunn said, no; on the other side. Mr. Riley, 67 Spring Street, said that this conduit is going to serve Kennecott Copper, Raytheon and B & B - you mentioned .that you were going to a manhole from a line up waltham Street; that means you have a conduit on Waltham Street and why not drop it right from Waltham Street, right down Hayden Avenue where the industry is, and that will solve it. Mr. Dunn. said that it is all engineered. Mr. Riley said that you can do it on the Lexington side and it will allow you to put in a lot shorter con= duit. The Chairman said that we wouldn't take the position that -this will be where the sidewalk goes. In the final analysis, this manhole could be moved into the street if the street is widened. The Chairman said that Mr. Dunn will set up the plans for the residents to look at end will answer all questions. Mr. Dunn and the residents left the hearing at 8:08 P.M. 334 At 8:22 P.M., Mr. Dunn and the residents came into the meeting. The Chairman asked if there were any further ques- tions on the design or engineering? Hearing none, the Chairman declared that part of the hearing closed. The Chairman asked if anyone appeared in favor of the petition? Hearing none, the Chairman declared that part of the hearing closed. The Chairman asked if anyone appeared in opposition? Mr. Riley, 67 Spring Street, said that the people he has talked to are against it for many reasons. 1) posi- tioning of manholes will prejudice the future planning of Spring Street; there will be holes in the street on one side, as opposed to the other side. 2) there is no evidence presented as to the alleged economy of dropping the line up Marrett and down Spring Street to serve Hay- den Avenue, as opposed to going down Hayden Avenue, which is built for industry. 3) to service the residents by removing very little poles; the present plan will not re- move the poles or wires, until we elect to dig a hole and pay to have it hooked up; it will not add to the beauty of Spring Street. Mary Bareh, 14.3 Spring Street, was recorded in opposi- tion. William Ridgley, 62 Spring Street, opposed the man- hole covers coming up Spring Street. Mr. Eric Kula said that he echoed Mr. Riley's comments. Eventually, we will have to have underground at Waltham Street; all these should be underground and we are getting nothing out of it but a minor inconven- ience. We have industry, let them pay. Mr. Done, 82 Spring Street, was recorded in opposi- tion; he said to return it to the Telephone Company and get another plan; let them bear the cost. Mrs. Davison was recorded in opposition; she said that it should go down Hayden Avenue. Residents recorded in opposition are as follows : Mrs. Bolduc 89 Spring St. Mr. Mcleod 71 Spring St. Mra. Deloury 99 Spring St. Mrs. Ridgley 62 Spring St. Mrs. Kotler 81 Spring St. Mr. Bacon 65 Spring St. Mr. McDonald 366 Marrett Rd. Roby Rogers 23 Spring St. Mr. Volpe 356 Merrett Rd. Mrs. Baroh 43 Spring St. Mr. Baylies 50 Spring. St. George Percy 17 Spring St. Mr. Welsh, 58 Spring St. Mr. Dunn said that if the Board would like to table this for another night, he will talk with the Telephone Engineer and have him contact Mr. McSweeney. e!ee The Chairman informed the residents and Mr. Dann that the Board will take the petition under advisement. Later on, the Board discussed this petition. It was agreed to table the petition and set up a meeting with the Telephone Company, the Edison Company, Town Engineer, and Mr. Gray, to discuss underground conduit and to find out why the Telephone Company is not going another route. Upon motion duly made and seconded, it was voted to table the petition_ of the New England Telephone Co. to lay and maintain underground conduit on. Waltham Street, Merrett Road, Bridge Street, Spring Street, Old Spring Str®et and Shade Street. Hearing was declared open upon petition of the New England Telephone Company to lay and maintain under- ground conduits and manholes, with the wires end cables to be placed therein, under the surface of Worthen Road. Notices of the hearing were sent to the petitioner and owners of the property, and also filed with the Town Engineer. Mr. Dunn, representing the Telephone Company, was Worthen present at the meeting and said that the petition is to Road put the conduit underground, fust in front of the prop- Under- , erties abutting the Yewell Associates and Outhet ground property. Conduit The Chairman asked if it will be in the island in front of Militia Drive and whether they will be digging up Worthen Road? Mr,. Dunn said that there will be 435 feet of under- ground conduit and the manhole will be in the island. The Chairman asked if the four poles there would come down? Mr. Dunn replied, no; later on we plan to extend the whole thing to Bedford Street. No one appearing in favor or in opposition, the Chairman declared the hearing cloned. Mr. Dunn was informed that the Board would take it under advisement. Later on in the meeting, the Board voted. Upon motion duly made and seconded, it was voted to approve the petition and grant permission to the New England Telephone Company to lay and maintain undert. ground conduits and manhole in the following locational Worthen Read: From a point in front of 51 Worthen Road, Northerly, approximately 435' of under- ground conduit; also, one (1) manhole 345/8. 336 Upon motion duly made and seconded, it was voted Cert, of to sign the Certificate of Incorporation for Frank T. Ineorp. Parrish, Jr., "Boston Security Analysts Society, Inc. " 'Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meetings held on May 19, May 28, June 9, and June 12, 1969. The Chairman read a letter from the Director of Civil Defense, requesting the appointment of Leonard W. Jackson as Private; Craig MacFarland and Paul J. Civil Lingane in the Communications Service. Defense Upon motion duly made and seconded, it was voted to appoint Leonard W. Jackson as Private in the Civil Defense Program; Craig MacFarland and Paul J. Lingane as members of the Communications Service. The Chairman read a letter from a resident of Five Fields, requesting permission to hold a square dance on Barberry Road-Stonewall Road on July q., 1969 from 7:00 P.M. to 12:00 M. Permit It was agreed to grant permission to 11 :30 P.M. Upon motion duly made and seconded, it was voted to grant permission to the residents of Barberry Road- Stonewall Road to hold a square dance on July 4, 1969 111from 7:00 P.M. to 11:30 P.M. Mr. Gray said that Mr. Legro requests the Board to sign two Orders of Taking for the Kingston Homes and the Advent Christian Church of Somerville. Orders of Upon motion duly made and seconded, it was voted Taking to sign the Order of Taking of the Kingston Homes, Inc. land, with an award of damages in the amount of *14.900. Upon motion duly made and seconded, it was voted to sign the Order of Taking of the Advent Christian Church of Somerville, Massachusetts land; damages are not awarded as there is a specified price per acre. Mr. Gray read a letter from Mrs. Diana Lund re- questing permission to set up a table for Dollars for Scholars on June 25, 1969, somewhere an the Town Hall lawn. Mr. Gray said that the Town has never had a policy for this on Town property, Request The Chairman instructed Mr. Gray to write to Mrs. Lund, informing her that, although the Board is sympa- thetic to the worthy cause, we should not set the precedent of collecting money on Town property on election day. , Mr. 1 McSweeney said that there will bean Order of Taking prepared by Town Counsel for a sewer easement at Kennecott Copper. This is the Barberry Road-Spring Street sexer under the Gioioso contract. Mr. McSweeney has a letter from Kennecott Copper and it is held up by an easement which has to be taken by the State. Today, a letter was received from Mr. Powers, Director of Right of Way Bureau, stating that they will go ahead. Kennecott They will abandon the easement they had taken at the Copper time of the relocation of Route 2 and will grant permis- Order of sion by letter. Mr. McSweeney requested permission from Taking the Board to make the taking, leaving the right of way out for the State to take. The Chairman said that he bad discussed this before with him and he feels that we should not make the taking unless we get this squared away. We have this letter now and I am sure Commissioner Ribbs will proceed and we will go ahead with our taking. Upon motion duly made and seconded, it was voted to instruct Town Counsel to proceed with the preparation of the Order of Taking for a sever easement in the land owned by the Kennecott Copper Company. Mr. 1McSweeney informed the Board that Orders of Tak- ing must be prepared for slope easements for the purpose of street construction on Manley Court, Bridge Street, Slope Hillcrest Avenue, Ewell Avenue and Grassland Street. Easements Upon motion duly made and seconded, it was voted to instruct Town Counsel to prepare the Orders of Taking for slope easements, for the purpose of street construc- tion, on Manley Court, Bridge Street, Hillcrest Avenue, Ewell Avenue and Grassland Street. The Chairman informed the Board that, as the Board had inntruoted them, Mr. Gray, Mr. McSweeney and Mr. Cole a*d' he had met with Commissioner Ribbe on the recom- mendation of the Traffic Survey of the Bedford-Hartwell Traffic Avenue area. We talked, and the final results went very Bedford well. They see some problems with the recommendation. Hartwell We got the ocmasitment from them that they would do a Avenue feasibility study on this and talk with the Bureau of Public Roads on July 8; they will let us know what their thinking is. We asked them for consideration to call us before there was a final "no" from the DPW or the Bureau of Roads. We would like to. present all the per- tinent facts and they agreed to this. In the meantime, we will have a meeting with the fourteen industries and go over the study with them. We will report to them what was done and solicit their support, if and when it 33S is needed. We willlay out to t3 what direction we should take. The Co—issioner was very responsive' to the Town and we feel if we get our opportunity to sit with the full Commission and the Bureau of Public Roads, we have a good possibility of getting the problem resolved. We were very pleased with the re- sults of the meeting. We will set a date for the meeting with the induatries and hope that our Board members will attend. Mrs. Davison met with the Board. She said that she and Mr. Gula would like to express their feeling regarding the traffic on Spring Street. The Chairman paid that we all recognise the facts of the problem on Spring Street; he asked what they felt were the answers? Mr. Xula said that Chapter 90 has been dismissed at the last two Town Meetings and he would not like to be put in a position on Town Meeting floor to say, don't take Spring Street, take another one; he felt there were certain factors here. Mr. McSweeney Wants it wider; we don't. The feeling is,. moat of us want it on the other side of the street. The decision on the underground wiring may prejudice his decision. One major fact is that Spring Street is different from other Chapter 90 roads; from Marrett to Shade Street, we didn't ask for industry, and now streets turn up for industry. The question is, will widening help? Spring Old arguments are equally valid on Spring Street; it is Street an old street, has a country store, and the houses are closer to the property line, in some cases those with front steps, and other houses are further back. If you widen it to a 30' pavement, there is no doubt this will speed up traffic, and there is a hole, which makes it more difficult. We said to have the street as narrow as you can. We think the situation on Worthen Road be- tween .Bedford Street and Waltham Street is ideal for Chapter 90 funds. We are just hoping you don't widen or repave Spring Street at 24 feet. The Chairman said that we can assure you that if, in the evaluation of the Town Engineer and the Traffic Department they felt it should be reconstructed to some- thing less than Chapter 90 required this,_ we would do. We would not do it unless it actually required it. In the final analysis, we will let you know in enough time for you to present any positions you may have. The only tine we recommend that Chapter 90 funds be used is, if we feel the streets should be built to these standards. Mr. Deloury, 99 Spring Street, said that he believed that when Hayden Avenue was built, Gordon Richards said L_ 339 1 that everybody could take Hayden Avenue, instead of com- ing down Spring Street. If you widen Spring Street, people coning off Routes 128 and 2 forget that they are on a short street and try to pass and do not Alms down.; they are supposed to go thirty miles an hour here. Mr. Greeley asked if Spring Street is to be resur- faced, you want to have it narrow and no parking - you wouldn't tend to accept no parking for one instead of two sides? Would you get together as to which side? The residents all replied, yea. Mr. Greeley said that if they have sidewalks on one side, how is that fair when everybody could use it? The Chairman said that unfortunately, this is the Town's property and how could we legally assess across the street when we haven't done anything in front of his house. The Betterment Act specifically calls for it to be done this way. Mrs. Ridgley, 52 Spring Street, said that if we are a residential area, can anything be done about all types of traffic? She has seen moving vans, etc. going up and down Spring Street. The Chairman said, no. There wan a Superior Court case in Stow; they had closed the street off and the Superior Court ruled against it, as the vehicles had paid the excise tax and had the right to the road. A gentleman said that there was talk of .Spring Street becoming one-way. He asked if they could have a sign giving the speed limit, as Spring Street is thickly nettled and they are quite concerned about children. The Chairman said that the Board could have the Traffic Committee take a look at it; he has never heard of Spring Street being one-way. Mrs. Davison said that she had met with the Traffic Committee and proposed a one-way system at different times of the day; it was presented to the DPW and they turned it down. She would like to ask again, could this be possible, could we have alternate routes on the highways. Commuter traffic is causing a problem, what is the policy? The Charman said that he didn't think we have any street in town. Mrs. Davison said that she had seen this- sign in other communities; Cambridge and Arlington have them posted. Mr. McSweeney said that they could take a look at it. Thelahairman asked Mrs. Davison to send a letter and it will be given to the Traffic Committee. Mral Davison asked what is the width of two moving lanes, with no parking? 340 Mr. McSweeney replied, 2I1 feet. Mrs. Davison said that it we didn't have to con- tend with the curbing, if kept to 18 feet, if a sidewalk is put in and no curbing, we could pull off and the sidewalks could be put further back from the paved road. The Chairman said that she is looking for another Adams Street. Mr. Kenney considered that a danger to the children. Mr. McSweeney asked if they are looking for an im- provement of Spring Street? Mrs. Davison said to leave Spring Street alone. Mrs. Trebino said that we can't get out of our driveways from 8:00 A.M. to 9:00 A.M. A two foot side- walk would be good. The Chairman said that they knew the Town couldn't build a two foot sidewalk. Mr. Ridgley of 62 Spring Street said that he was with the Fire Department in Cambridge and from a safety and traffic viewpoint, the traffic on Spring Street at certain hours of the day is bad and there should be stricter control of traffic before someone is killed; there should be a sidewalk on some side. The Chairman said that we know there should be a sidewalk there. You know the logical remedies to solve the problem. Mr. Ridgley said that widening would speed the traffic up. Shirlee Kotler, 81 Spring Street, said that she liked the suggestion of a sidewalk without curbing but didn't agree with this off-street parking. You are not accomplishing anything. She felt that if it is possible to have a sidewalk and leave the trees along the edge of the street and lawn so there would be trees separating the street from the sidewalk; in the ppen areas, plant a few more trees to improve the look; yet, cars wouldn't be tempted to go on the sidewalk; in the winter, we could plow our own patch. The Chairman said that we all recognize the prob- lems of Spring Street, both traffic and reconstruction. We will let you know before our final plans are re- solved and keep you informed. We have not gone into next year's program; if we felt Spring Street shouldn't be constructed under Chapter 90 we would not do so. He asked Mrs. Davison to write the letter to the Board and it will be given to the Traffic Committee for study. Mrs. Davison and the residents of Spring Street retired. I 34M 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, would adversely affect the public security, Session the financial interests of the Town, or the reputation of any ,person. After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. Upon motion duly made and seconded,. it was voted to schedule the summer meetings as follows : June 30, 19 y•]4,. July 28, August 11, August 25 and September 8, 9Upon motion duly made and aeoonded, it was voted to adjourn at 10:00 P.M. A true record, Attest: Executive Clerk, Seleetm Ct` I 342 SELECTMEN'S MEETING I June 23, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 23, 1969 at 7 :30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley, and Bailey were present.. Mr. Legro, Town Counsel; Mr. Gray, Execu- tive Assistant; Mr. Burke, Superintendent of Public Warks; Mr. McSweeney, Town Engineer, and Mrs. MoCurdy, Executive Clerk, were also present. Mr. Gray informed the Board that Mr. Burke has re- Woodhaven ceived a letter from the Federal Water Pollution Control Trunk Administration stating that they have processed the Sewer final payment of $14,556 on the Woodhaven Trunk Sewer. Mr. Gray said that bids were received by Mr. Burke for the flow induction equipment for installation at the old "res" on Marrett Road. Richards of Rockford, Inc. 6314 North Alpine Road, Rockford, Illinois, bid $6924. Mr. Burke has talked with them and they are holding two units for us. Old "res" The Chairman asked the status of the building at Equipment the "res. " Mr. Gray said that it was advertised and no bids were received; they are going to re-advertise. Mr. Burke reoosmaends that the bid. be awarded to Richards of Rockford, Inc. ; it has been checked out by the Electrical Inspector and the Health Officer. The Chairman asked about the electrical entrance to the Services? Mr. Gray said that he has talked with Boston Edison and hopes that some progress may be made in get- ting some answers. Mr. Adams said that he has heard that there will be no swimming before late August. He asked if this were true? Mr. Gray answered in the affirmative. Upon motion duly made and seconded, it was voted to award the bid for the flow induction equipment for installation at the old "res" to Richards of Rockford, Inc., in the amount of $6924 Mr. Legro requested the Board to sign the Order Kennecott of Taking for sewer easements in the land off Hayden Order of Avenue, owned by Kennecott Copper. The Board has made Taking the determination of damages. 34f upon motion duly made and seconded, it was voted to sign the Order of Taking for sewer easements in the land owned by Kennecott Copper, for the Hayden Avenue trunk sewer. Mr. Legro requested the Board to sign the Order of Taking for sewer easements relating to the Spring Street- Order of Barberry Road sewer lateral. Taking Upon motion duly made and seconded, it was voted to for Sprdnf sign the -Order of Taking for sewer easements relating to Street - the Spring Street-Barberry Road sewer lateral. Barberry Mr. Legro requested the Board to sign the instrument for the abandonment of certain parts of a drain easement in Peacock Farms Section 6 owned by Benjamin Franklin Homes, Inc. This easement was authorized by the Annual Town Meeting of March, 1969 and is satisfactory to the Benjamin Planning Board. Mr. Legro said that thisis for the re- Franklin location of a drain easement in that subdivision; Benjamin Homes Franklin Homes, Inc. granted easements to the Town, prior Drain to the subdivision. Wilson Farms relocated a. portion of Easement the brook and this had to be relocated. Upon motion duly made and seconded, it was voted to sign the instrument for the abandonment of certain parts of a drain easement in Peacock Farms Section 6, owned by Benjamin Franklin Homes, Inc. Mr. Legro said that he had reviewed the contracts for the painting of the standpipe, which the Board had previously awarded, and requested the Board to sign the contract awarded to Inter-State Contracting & Coating Painting Co., Inc., C Industrial Park, Zelienople, Pa., of Stand- in the amount of $ ,500• Pipe Upon motion duly made and seconded, it was voted to sign the contracts for the painting of the standpipe, awarded to Inter-State Contracting & Coating Co., Inc. , in the amount of $14,500. The Chairman asked Mr. Legro about the easements on Laconia Street? Laconia Mr. Legro said that he is still waiting for a title Street a.aroh and expects to bring them to the Board on next Easements Monday evening. Mr. Burke informed the Board that bids had been taken on the bituminous concrete material for the current Pablic year. Bids were received from Mass. Broken Stone, Tri- Works mount .RI1 " 4' ou. Products and Warren Bros. Company, with Bids Mass. Broken Stone as low bidder at $5.85 per ton for 344 Class- 1 Top and Base;- Cold patch at $5.85 per ton; and tar patch at $7.00 per ton; all to be picked up at the plant. Mr. Burke recommended that the con- tract be awarded to Mass. Broken Stone Company, 133 Boston Post Road, Weston, Upon motion duly made and seconded, it was voted to award the contract to the Massachusetts Broken Stone Company for the following: Class 1 Top and Base at $5.85 per ton; Cold Patch at $5.85 per ton; and Tar Patch at $7.00 per ton. Mr. Burke recommended that the contract be awarded to Trimount Bituminous Products Co., 1840 Parkway, Everett for sidewalk mix, base and top at $6.00 per ton; Berm Mix at $6.00 per ton; and Tar Patch at $7.00 per ton. Upon motion duly made and seconded, it was voted Trimount to award the contract to the Trimount Bituminous Award Products Co. for the following: sidewalk nix, base and top at $6.00 per ton; Berm Mix at $6.00 per ton; and Tar Patch at $7.00 per ton. Mr. Burke recommended a split award on these bids and asked for, and was granted, permission to hold up on the notification of the award to Massachusetts Broken Stone Company, in order to check out the fig- ures. This company is presently billing the Town at last year's price of $5.75, as opposed to their pres- ant bid of $5.85. Mr. Burke said that the Bureau of Public Affairs is conducting a course on municipal collective bar- Seminar authoorization to9attendj,giftMr. Gray ie arunableeto go. Upon motion duly made and seconded, it was voted to authorize Mr. Gray or Mr. Burke to attend the seminar on municipal collective bargaining. Mr. Burke informed the Board that when we went over the budgets in December, the Public Works Depart- ment was short five men; we spent $250 in advertising for new men, and we are now in the position of being short twelve employees; eight men worked in the high- way department, two were tree climbers, one was an equipment maintenance man and one laborer. We are un- able to get anyone and the situation is getting to the point of being quite critical. The Chairman said, as we discussed earlier, we agreed to sit down and go over the whale situation and see what satisfactory recommendations should be rade to the Board. 345 Mr. Greeley said that this may have a direct( ef- fect on the payroll when we take it to the Appropriation Committee. Mr. Burke said that some of the positions could be re-evaluated. Two tree climbers went to work for a private concern and one employee left for the matter of 0cents an hoar. When we receive an application for employment, we cheek out the individual with Chief Corr, in order to avoid any trouble. Mr. Greeley asked if he had made contact with any- one in Roxbury? You could get in touch with Mr. Weinstein as he may know people with higher skills. The Chairman said that we would take a half dozen laborers and bring them up through the ranks; there may be some with the attitude of wanting to learn and we will teach them. It was agreed to set up a meeting with the Superin- tendent or Public Works and the Executive Assistant to discuss the personnel problem. The Chairman read a letter from the Building Inspec- tor, requesting that he follow the practice of previous Building years by taking vacation days during the summer months, Inspector in moat cases on Friday. The Assistant Building Inspec- tor will be in the offioe to cover these days. The Board had no objection. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on June 16, 1969. The Chairman informed the Board that as application for a Guide's License has been made by David Cantor, 29 Eastern Avenue. Mr. Leon Burke recommends that David be appointed as he has successfully passed the examination; Guide Chief Corr has approved the application. Ups ni motion duly made and seconded, it was voted to appoint David Cantor, 29 Eastern Avenue, as Guide of Lexington. The Chairman read a letter from Mrs. Sousa request- ing a change in the approved date for a square dance at Barberry Road on July 4 to July 3, 1969 from 7:30 F.M. Permit to 11 :30 P.M. Uponimotion duly made and seconded, it was voted to approve the new date, as requested by Mrs. Souza, for a square dance to be held on Barberry Road and the corner of Stonewall Read on July 3, 1969 from 7:30 P.M. to 11 :30 P.M. 34(; Upon motion dulymade and seconded it was voted to sign the Orders oSewer Construction for Manley Court and Whitman Circle. Mr. Greeley informed the Board that he had re- ceived a letter from the Chairman of the. Planning Board regarding the Workable Program and the Housing Inspector. He had received the letter today and Workable this is one of the things we will discuss later on, Program to see what approach the Board wantsto take. He suggested that the building inspeCton.-deportment work with the Planning Board on this. The Chairman said that this has t under b e un r the Board of Health. Mr. Greeley said that we agreed it would be under the aegis of the Board of Health. He felt that the staff people, the Building Inspector and the Board of Health, should get together and prepare a recommenda- tion. The Chairman instructed Mr. Gray to call a meet- ing of the three departments, Planning Board, Board of Health and Building Inspector, to discuss the ap- pointment of a part-time Housing Inspector under the Workable Program. The Chairman explained that the reason Mr. Adams had not been given publicity on the Workable Program was that he was waiting until next week to submit both the Workable Program and the Employment Express to the newspaper. The Chairman said that he had briefly discussed with Mr. Gray and asked him to bring up the subject of the approach the Board should take on evaluating how to assess betterments, our service fees, license and permit fees, etc. He asked the Board if they would like Mr. Gray to meet with all department heads and report back? We must keep in mind the legisla- tion we are bound by and Mr. Legro will give us some Betterments comments. We have been asked if we can assess the sidewalk betterments on both sides of the street, when we only construct it on one side, or can we put it all on the street betterments when we construct a street? Mr. Greeley said. that the people on the other side would think they got a better deal. Mr. Legro said that we assess under statute - sewer betterments under the Sewer Act and the formula set up by the Act. The Chairman asked it this is specifically con- trolled by the statue? What about a long frontage? Q 4 rt Mr. ILegro said that the statute did cover a corner lot and, to his recollection, on the longer side. The Chairman said that the betterments for each one goes with the petition„ He had asked the Town Engineer to hold up. Mr. Legro asked, on all types, sewer, sidewalks, etc.? The Chairman answered in the affirmative. Mr. Legro said that you have a mixture of statu- tory 1pw and policy. Mr. Greeley said that he felt the sensible thing to do would be to come up with what we want to do and ask Town Counsel if we may do it. Mr. Legro said that it would be helpful if the Board Would tell him what they want. The Chairman said that we will come up with all of the statutes we are going, by today. Mr. Legro said that he works with them all the time. The Chairman said that you are saying, if we have a specific thought, you will tell us if we can adopt it as a policy? Mr. Legro said, or what you would have to do to accomplish it. One of the things that brought it up 1 was the petition by the Superior Court on a lot that appears to be a corner lot and isn't. The Chairman asked if it would be agreeable with the Board if he and Mr. Gray came back to the Board with some thinking and recommendations? The Board agreed. Mr. Legro said that this was brought up in Janu- ary and, if he could get some ideas on what the prob- lems are, he would be glad to help. He got a letter on the statutory policy and he is looking for the background. The Chairman said that we never went to that point; we will get it now and get it to you. Mr. Kenney said, for example, the sidewalks - if we wanted to go to $2.00, instead of $1.00. Ma. McSweeney said that if we build a new street, to include the sidewalk and not to assess a better- ment only on one aide. Now, the direction of the sewer lateral, the direction they come along in, that is the way they are bettered - a policy in one sense and a law in another. We should also consider the possible fees for subdivision inspection. The Chairman said that we will cover the whole thing. 1 34S Mr. McSweeney said that we give out a tremendous service for subdivisions and we would like to get some money for it. The Chairman told Mr. McSweeney to make the recommendations. The Recreation Committee met with the Board: The Chairman informed them that they were asked to meet with the Board to discuss fees on the Recreation Program. We talked of charging fees at the "res" and asked you to come back and tell us -what fees and how you are going to collect them. The main reason is, you are coming into a new season and, if there is some pilot project you would like to try i tt or go into in a specific way, or run some studies on what fees to charge. These a*e the two areas to dis- cuss. He asked if they had gone into the matter of charging fees since the last time they met with the Board? Mr. Bond said that it is simply that they dont want to charge money for anything we are currently doing unless we do it in a different manner; on the old res" there should be a way to charge in order to keep out-of-town people from using it. The Chairman said that they would register, re- Recreation gardless of charging fees. Committee Mr. Bond said that they would want to register Fees to cover the coat of registration; it would be well to charge a yet undetermined fee. The Committee doesn't feel we should charge for present services unless we can aid or abet with additional income to be used for additional activities. The Chairman asked if they would charge one tee at the old "res"? Mr. Bond replied that their original thinking was to do what other towns have done - to register. Mr. -Kenney asked how they would propose to keep out-of-towners from using the pool? Mr. Bertini said that they have a card system now. Mr. Bond said that this comes under the category of a new facility. Mr. Kenney asked if they would charge for the new wading pool? Mr. Bond said that they hadn't planned on charging. The Chairman said that the Bbard'wopld like the Recreation Committee to look at this very seriously :14 111 and come back with a program of charging, or go into the summer evaluating the program to see if they would charge fees or go into it in a delayed way and come up with a final decision-one way or anther. Mr. Bond said that they have arrived at a deci- sion on the "res" and lighted courts. The Chairman said that the Recreation Committee feels that no fees are to be charged on existing faci- lities and to charge fees on anything new or subse- quently improved on. Mr. Bond agreed. He said that in the interest of making it a better activity, we would have to pay a man on weekends. To regulate the registration - to get that done - we would have to charge for Saturday or Sunday. There are some members on the Committee that compare us with the Library as they only pay a penalty for the misuse of the property. Mr. Denney said that the Appropriation Committee has a feeling on this - the general feeling is that these ape particular facilities that benefit parti- cular people and a fee should be charged. Mr. Bond said we agree that there are a lot of people who want more recreation facilities and don't want to pay for them. We have tennis, swimming, little league, etc. and they are all aimed at a small group of people. Mr. Greeley asked if more tennis courts were put in at the Harrington School, would they oharge for them. Mr. Bond said that they would be faced with the problem of collecting fees and policing them. Mr. Mabee said that he has been in favor of put- ting all the tennis courts in one place. The Chairman said that, on that basis, your policy is dead if there were new facilities at Harring- ton and you won't charge for them. Mri,. Bond said that by that time, they might pro- pose to charge. The Chairman said that the Board would like to get this resolved, one way or another. Personally, he felt it should be like the Library, but he is only one person. Mr. Gallagher said that they had met with the Ap- propriation Committee and they know that the Appropria- tion Committee would be more likely to grant our requests if we had a user fee program. Our program should be geared to the youth of the Town and we don't want to discourage it. He worries about the problems that might come up, that it would cost more to collect 1 the fear than they take in. U The Chairman said that no one has come up with 111 the numbers on what it would cost to collect the fees. Mr. Greeley asked how they control the number of people who use the pool? Mr. Bertini said that at one time, they had 600 people who wanted to come in, and they had to shut the gate and let' one-half of the people use the pool and then let them out and the other half come in. Mr. Greeley said that the old "res" is peculiar in that you have a number you want to keep it to. Mr. Bertini said that the mothers would sit in the sand and the children would use the pool. We have a specific numbers control there that is differ- ent from any other in Town; we have a• specific policing problem there that is different. It is more expensive to operate the "res" because it is on a major road. The Chairman said that it will take more manpower to operate it as it is not as easily policed; it is on a major road and the children can hop over fences. Mr. Kenney said that if they are going to charge for one swimming facility, we should take a look at the others; your argument is a bit weak. Mr. Bond said, speaking of policing, from a stand- point of keeping people out, because of this type of facility, there is going to be more of a need for life- guards and the cost would be much higher than the pool. The Chairman asked if it would be much higher than the $7,000 budget? Mr. Bond said, no. Mr. Mabee said that he detects a note that part of the problem of the Recreation Committee is they are afraid that the operating cost is going up. Because of the new swimming pool at the old "res" they are afraid that the Appropriation Committee will say they will have the same amount next year and charge fees - and they are saying we will supply the same old ones and the new ones will be self-supporting. The real culprit is, and the real situation you go for is, to make it clear to the Appropriation Committee that you need more money to operate the Recreation Committee. The Chairman -said that the Recreation Committee is to give the Board the numbers on what it costs to col- lect the money. For example, we could probably collect $6,000 in fees but what does it cost to collect it? This is why we called you in so that you can work this out before the next budget comes up. Mr. Boiid said that the Committee is strongly sup- porting the use of the users ' fees. 1 3 '4 Mrs. Mabee said that if they are going to do it, they are going to do it across the Board, you can't be selective about it. Mr. Bertini said that the problem is, where do you start and stop? The Chairman said that the Recreation Committee should go into this in great depth and come back with a recommendation or justification of delay. Mrs. Greeley said that if, in order to get some experience, you want to do some inconsistent things this summer, try them; if you want to do some experi- menting, do it. My guess is, if you start charging a fee at the. old "res", you will get some comments. 0.5. get them. Mr. Gallagher said that he hoped the Board -will be sympathetic when they go in looking for capital im- provements; when we boil it down, the Planning Board wants something, the League of Women Voters its some- thing -, $30,000 doesn't go very far. We are hoping you will be more generous the next time around. Mr. Bond asked if they had permission to try it at the old urea"? The Chairman said that you can try any pilot plan you want - whatever you have to do to get the informa- tion you need. Come back to the Board when you have it. Mr. Bond said that he has received a telephone call from Logan Clarke asking if it is possible in the intereatt of using the fill at Harrington, to regrade, to st-ant eliminating the water that is there. We got some plans but we couldn't proceed without approval of the school department; we want to run plastic pipe. The Recreation Committee retired from the meeting. The Chairman said that, with the establishment of a Personnel Board, appointments should be made on next Monday evening and the charge given at the same time. Personnel There will be five members; he has talked to Don Noyes, Sidney Williams and Nancy Hudson. The information will be mailed to the Board before the next meeting. 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 whish, if made public, Session might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of a matter of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to 111 adjourn at 8:50 P.M. A true record, Attest : Executive Clerk, Selector 352 SELECTMEN'S MEETING June 30, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 30, 1969 at 7 :30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney and Bailey were present. Mr. Legro, Town Counsel; Mr. Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Leon Burke, Director of Guides, met with the Board. He introduced David Cantor and informed the Board that David has successfully passed his examination. He requested the Board to issue a Guide 's License to Guide David Cantor. The Chairman welcomed David and said that, as a representative of Lexington, we look to him to project a good, solid image of Lexington. Upon motion duly made and seconded, it was voted to issue a license to David Cantor as Guide of Lexington. Mr. Burke requested the appointment of Joel Swets, 111 Kendall Road, as Guide of Lexington. Joel has suc- cessfully passed his examination. Upon motion duly made and seconded, it was voted to appoint Joel Swets, 111 Kendall Road, as Guide of Lexington. Orders of Mr. Legro requested the Board to sign the Orders Taking of Taking of slope easements on Bridge Street, Ewell Avenue, Grassland Street, Hillcrest Avenue and Manley Court. Upon motion duly made and seconded, it was voted to sign the Order of Taking of slope easements on Bridge Street no damages are awarded and no betterments assessed. Upon motion duly made and seconded, it was voted to sign the Order of Taking of slope easements on Ewell Avenue; no damages are awarded and no betterments as- sessed. Upon motion duly made and seconded, it was voted to sign the Order of Taking of slope easements on Grassland Street; no damages are awarded and no better- ments assessed. Upon motion duly made and seconded, it was voted to sign the Order of Taking of slope easements on Hillcrest Avenue; no damages are awarded and no better- ments assessed. r)e Upon motion duly made and seconded, it was voted to sign the Order of Taking of slope easements on Manley Court; no damages are awarded andno betterments assessed. Mr. Legro requested the Board to sign the Order of Taking Of sewer and drain easements on Lowell Street to the R dge Estates subdivision; damages to be awarded as Lowell St. voted by the Board on April 28, 1969. Ridge Upon motion duly made and seconded, it was voted Estates to sign the Order of Taking of sewer and drain ease- Sewer and menta on Lowell St. to the Ridge Estates subdivision; Drain damages to be awarded as voted by the Board on April 28, 1969. Mr. Legro requested the Board to sign the Order of Taking of sewer easements on Cedar Street to Hill Street; damages to be awarded as voted by the Board on Cedar St. May 19, 1969. Sewer Upon motion duly made and seconded, it was voted Easement to sign the Order of Taking of sewer easements on. Cedar Street to Hill Street; damages to be awarded as voted by the Board on May 19, 1969. The Chairman asked Mr. Legro about the Order of Taking for drain and sewer easements on Laconia Street, Sewer and Upon motion duly made and seconded, it was voted Dain to sign the Order of Taking of drain and sewer ease- ments from Laconia Street to the sewer and drain ease- Ridge menta running to the Ridge Estates subdivision. Estate It was agreed that a meeting will be held with Mr. Legro on Wednesday at 8:30. A.M. to go over the Bedford agreements for the contract for payments by Bedford Sewer to Lexington on the Bedford Sewer. Mr. Gray informed the Board that he had met with the Board of Health Director, Planning Board Director Workable and the Building Inspector. A report will be submitted program at the next Selectmen's meeting on code enforcements Betterments for the Workable Program. Mr. Gray said that a report on the betterments will also be submitted at the next meeting. Mr. Gray informed the Board that a report has been prepared on the status of the various Articles under the Selectmen passed by Town Meeting. Articles The Chairman requested that copies be forwarded to the Appropriation Committee, TMMA, and made avail- able to the press. I 354 Mr. Gray said that several weeks ago, we discussed the Camp, Dresser and McKee survey at the sanitary land fill. It is quite complicated and I discussed it with Camp, Dresser and McKee; it is estimated to be approxi- mately $700 or $800 for the survey. They took a traf- fic count and there were 1247 vehicles on Saturday and 2000 on Sunday. The Chairman asked if he had talked to Camp, Dresser and McKee on what can be done in place of this? Mr. Gray said that they said to do the best we can. Smaller towns have refuse collection; we are the Camp, only one with a land fill type. They are looking. for Dresser a sample or a type. They wanted this survey for a Survey seven day period but we would have to have three men there. The Chairman asked why we can't have them take a sampling? Mr. Gray said that we can get a fairly good esti- mate. Mr. Bailey suggested that the ears be counted and assume each car would have the same content. Mr. Gray said that it is impossible to do what they want ; he will talk with Mr. Burks. The Chairman read a letter from the ABC regarding the liquor regulations on July 4, 1969. ABC Upon motion duly made and seconded, it was voted to abide by the rules of the ABC that package stores are to open at 1 :00 P.M. on Independence Day, July 4, 1969; Motels and Clubs may serve liquor during the regular specified hours. Upon motion duly made and seconded, it was voted to sign the Certificate of Incorporation for the following, a satisfactory character report having been received from the Chief of Police : Certificate Hershel Jick, Dennis Slone and Norman P. Cohan of Incorp. "New England Institute of Clinical Pharmacology, Inc. " Jane Bacon, 65 Spring Street "Eliot-Pearson Alumnae Association, Inc. " Rev. Duane Berry, 8 Bellflower Street "The Christian Youth Center, Inc. " The Chairman road a letter from James A. Pallis, Tax Title 19 Hayward Avenue, requesting the purchase of tax title Pallis lots 124 and 125 Hayward Avenue. The recommendation of "� rY e air) the Planning Board is they would have no objection to the sale of these lots to an adjacent owner as an addition to his land, but not as a separate building lot. Also, that this restriction should be clearly stated in the conveyance instrument. It was agreed to notify Mr. Pallia that lots 14 and 125 may be sold to one of the abutters. A notice will be inserted in the Minute Man to this effect. The Chairman read a letter from Mr. Meaney, 49 Ward Street, requesting the purchase of tax title lots Tax Title 23 to 25 Earl Street. The recommendation of the Plan- Meaney ning Board is that the land not be sold until a study Earl Sty of sites of potential houses for low or moderate in- come families is completed. If lots 23 to 25 will not be required, the Planning Board suggested that Mr. Meaney be advised to approach the Town in six to eight months, when the study is scheduled to be concluded. Upon motion duly made and seconded, it was voted to inform Mr. Meaney that tax title lots 23 to 25 Earl Street are not for sale. Mr. Yewell, Treasurer, met with the Board. The Chairman said that the Treasurer is request- ing to borrow another $1,000,000. Bids have been re- ceived from New England National Bank on $500,000, 6.15 discounted; on the second $500,000, 6.23 discounted; State Street Bank and Trust Company, Treasurer $250,000, 6.19 discounted. Upon motion dulymade and seconded, it was voted to award the bids on 1,000,000, in anticipation of taxes, to the following; New England Merchants National Bank, on $500,000, 6.15 discounted and on $250,000, 6.2 discounted; State Street Bank and Trust Company, on $250 ,000, 6.19 discounted. The Chairman read a letter from the Day Circle of the Pilgrim Congregational Church requesting permis- sion to ,hold a sale of children's books, records, etc. on the Buckman Tavern grounds on Saturday, September 20, 1969. Permit Upon motion duly made and seconded, it was voted to grant permission to the Day Circle of the Pilgrim Congregational Church to hold a sale of children's books, records, etc. on the Buckman Tavern Grounds on Saturday, September 20, 1969, rain date of September 27, 1969, subject to the restrictions of the Chief of Police and the Superintendent of Public Works. Ths Chairman read a letter from the American Country Legion requesting permission to hold the annual Country Fair 56 Fair on Parker Field on Friday, August 29 through Mon- day, September 1, 1969. Mr. Gray is to check out with Chief Corr and report back to the Board. The Chairman informed the Board that a letter UN has been received from the National UN Day Chairman, Day regarding UN Day on October 24, 1969. It was agreed to refer the letter to the Town Celebrations Committee. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on June 23, 1969. Order of Upon motion duly made and seconded, it was voted Construe- to sign the Order for Construction of Sewer on Pine tion Knoll Road and Thoreau Road. Sewer Order Upon motion duly made and seconded, it was voted of Taking to sign the Order of Sewer Taking on Woodland Road. Upon motion duly made and seconded, it was voted Sidewalk to sign the sidewalk assessments for Coolidge Avenue, Assess. Adams Street, Philip Road, Reed Street, Massachusetts Avenue, Tufts Road, Eldred Street and Middle Street. Upon motion duly made and aeconded, it was voted Taxi and to sign four taxi licenses, Nos. 2268, 2269, 2270 and Livery 2271; four livery licenses, Nos. P19-706, L24-511, Licenses P67-626 and U57-950 for Minute Man Cab Company. Three taxi licenses, Nos. 1208, 4209 and 4210; five livery licenses, Nos. L35-057, L35-058, L35-059, L35-060 and L35-061 for the Lexington Cab Company. Mr. Mueller of 10 Burroughs Road met with the Board. He told the Board that he has a corner lot and the sewer has been put in; his assessment is $1266. Mueller This sewer services a single dwelling home and he felt Sewer that his property tax is a little higher than the aver- Assess. age because of the corner lot, but the services of the sewer is exactly the same as every other family. He explained that the sewer ends and comes in front of Mr. Cuaolito 'a home and there are 250 feet of frontage that hasn't been touched. The Chairman asked what he felt would be a fair assessment? Mr. Mueller replied that it is $1103 across the street. I haven't made an analysis of the property, but I feel that we are using the service no more than the other families and the charges should be based on some formula which would take into account the other facilities; if I had a double family home, I could see the reason for graduated charges. Mr. Kenney said that the formula is set up on the basis of the foundation. Mr. Mueller said that the point of his being here is not to question the numbers, to question the equality of the charge of the facility that isn't being used any more than by any other home. Mr. Legro said that the cost is based on the length of the sewer pipe installed; this formula is in- tended to -give as equitable treatment as possible. Mr. Mueller said• that Mr. Cusilito's take-off is before my property line; originally, this line was to come. over, but in actuality, didn't. They put my line over and I am going to have a very long line to my con- nection, which is out the back. Mr. Gray showed a map of the area and said that they are all serviced but there is a gap as only the amount of sewer was pat in that was necessary. The Chairman informed Mr. Mueller that the Board would take his request under advisement. Later on in the meeting, the Board discussed Mr. Mueller's assessment. The Chairman asked how many in the area were as- sessed around $1100? Mr. McSweeney said that there were about twenty- five families around $812; six from $839 to $1267, which is Mr. Mueller's area, the other nineteen are from $702 to 768. The average is $1055. Mr. Legro said that Mr. Morgenstern has a peti- tion in Superior Court for exactly the same problem. The Chairman asked what the Superior Court could do? Mr. Legro said that they can abate the betterment; the statute 'says they can - a statutory appeal - process to make the appeal like Mr. Mueller did tonight and the next step is Superior Court. Mr. Gray said that the betterment has been as- sessed on the formula determined. Mr. Legro said that you may not always put the sewer pipe in the whole way and I don't think you are going to change the formula because you didn't run the pipe all the way. Upon motion duly made and seconded, it was voted to deny the petition of Don R. Mueller, 10 Burroughs Road, for an abatement of his sewer assessment. The Board discussed the charge to be given to the Personnel Committee. The Chairman said that the charge would be for this coming budget season. Mr. Bailey said that the one thing we don't have is staffing levels. The Chairman said that the Town Manager should say the staffing levels; last year, we allowed one ad- Personnel ditional staff. As I see it, this charge here is a work Board load heavy enough for them, rather than charge them with something beyond. Mr. Kenney said that police and fire parity is mentioned; that is a large question in itself. The Chairman said that last year we said this is the year we were going to do it. Mr. Bailey said that he would rather have a recom- mendation on staffing levels than parity. The Chairman said that the only reason we put on parity is that they said it on Town Meeting floor; TMMA wanted it last year and the Salary Review Board wanted it - I would hate to have to go in without a study being made and I think somebody has to look at it before the next Town Meeting. Mr. Bailey said that he doea't think of it as a separate item; he felt that staffing levels should be put in. The Chairman said that we have to start some place. Mr. Mabee felt that the Town Manager shoudd be included on the staffing level; the staffing level problem is one the Manager ought to be in on in the beginning. The Chairman said, that is where your money is. He should know where it goes. I want to put it in here because they would not want to let go of it. Mr. Kenney asked if the Chairman was going to ask them to try to come back with police and fire be- fore October 1st? The Chairman said, if this is what the Board feels should be done. Mr. Worrell met with the Board. He said that he wanted to notify the Board that the Planning Board Town has sent out invitations to various people to submit Traffic proposals by making a traffic study. He presented a Study copy or the letter to the Board. He said that the Consultants may recommend one way of conducting the traffic study; in effect, putting a cordon across the Town, from North to South, Massaehusetts Avenue, Lowell, etc., plus stations where we would want to stop359 a sampling of cars and ask thedrivers questions. P �6 �I,L m� This would require help from the police as it would be during peak hours in the morning and evening; the prob- lem is, asking the police. The Chairman said that the problem is money, do you have any? Mr. Worrell said that they have $5,000 but it would go to the Consultant. The Chairman said that the hours of 7 :00 A.M. to 9 :00 A.M. are the busiest of the Police Department. We have six men, but if we had to take off three or four . . . it would have to be a special detail. We want to co-operate with you but would you need four men? Mr. Worrell said that we would need one Police- man at each station; one proposal says five stations, and for one morning and one evening. The Chairman asked Mr. Gray to check with Chief Corr to see if there was any money in the overtime budget. Mr. Worrell thanked the Board and retired from the meeting. The, Chairman said that it is the feeling of the Board to begin advertising for the position of Town Manager; the applications will be received in this office and processed by the Board. For the time being, I think we have some money in the Selectmen's Expenses Town to advertise. Manager Mr. Kenney said that he preferred to get an ad- vertising budget and to ask for one. The Chairman said that we couldn't get an esti- mate of what these would cost; when we get the breakdown, we will ask the- Appropriation Committee for a budget. Upon motion duly made and seconded, it was voted to instruCt the Chairman to place the necessary ads to advertise for the position of Town Manager. The School Committee Mr. Gary, Mr. Taylor, Mr. Grush and Mr. Fetter met with the Board. Tile Chairman addressed Mr. Clarke and said that the Board would like to hear the School Committees Jr. High thinking on the Junior High School. As we all know, the Junior High was defeated and this Board is willing to do everything, to expedite what the School Committee is thinking, to a point; we could talk of a Special Town Meeting for preliminary plans. Mr. Clarke said that it is a little difficult to begin and the reason is, the project which was supported overwhelmingly for over two years seems to have run out i �;6 6 oPas g I don't know whether the vote of the community says the school isn't needed or what it says; reasons which I, personally, cannot understand. He supposed the appropriate thing to do is look elsewhere on the suggestion of the proper way to go. The Chairman said that there is no question in his mind but that a third Junior High is needed; where the School Committee wants to go from here. . . Mr. Clarke said, I am serious, I am saying I am not aware that you supported this last movement; it might be helpful to get some feeling from you or others as to what should be done. The Chairman said that it is no secret that I haven't supported the school - I haven't for a year and a half; I would be happy to give you my reason. I feel that a third Junior High is needed; I felt it was more than adequate to do the job. Taking into consideration the financial future of Lexington, we couldn't afford this building, which is why I didn't support it f©r. the last year and a half. All through it, I listened to the Building Committee, the Architect, the School Com- mittee and, in my lay opinion, I have not heard justi- fication of the concept of this building - I have told you this privately and publicly. My feeling is, I would be very happy to see a building design of 115,000 to 120,000 square feet, of the concept of Diamond that now exists and for the Committee to employ a new architect to do it. Mr. Clarke .asked about the site? The Chairman said, as you know, Town Meeting voted to take the Cotton site, but I don't know if you want to get into that; the site would be the least im- portant. Mr. Clarke said that we are left in this position regarding the education function of the building. Dia- mond was completed in 1959; education specifications were of 1956 or 1957, so-called pre-sputnik time; things have changed since then. If you are saying to build in 1971 to 1956 standards, in terms of function, some of us, at least, would question your point of view. In respect to site, we have no feeling - the site you describe is across the street from the point. The issue is time; I am forced to observe it is a little difficult to get this far down the path and not be offered any alternatives. The Chairman didn't agree; he said that this Board told you that the building is too big - Mr. Greeley and I said this. 1 e) 6J Mr. Clarke said that Mr. Greeley changed his mind. Without going into detail, I would have to say that the education use of the structure can be re- examined, but I would not personally subscribe to a radical change - the fundamental quality is flexi- bility, the site is indifferent as long as it is on that side of Town. If Muzzey phased out, we wouldn't want both on that side of Town. As far as size, I suppose there is a rule that says you can form any compression and live with it. Some of the most fre- quent complaints when the High School opened were of the size of the classrooms. I am reaching for some indication of some sort of• accord, collective judg- ment that the Committee would support. The Chairman said, talking about the standards of 1956, at the High School, knowing we would need more space, as you know I went through Diamond and using the School Department figures, where it should be updated today. We are not asking to go back to 1956 standards of education. Mr. Clarke said' that the structure, made larger or smaller, is not laid out for that kind of activity. The Chairman said that we understand that acti- vity cannot be carried out in that new structure; no one has come up with the justification of spending. Mr. Clarke asked how much he felt the Town could spend? The Chairman said that if the Building Committee or School Committee came up with a set of plans and specifications last March, you would have saved $800,000. Mr. Kenney asked what, essentially, is the meeting for tonight? The Chairman said that the purpose is to ask if they want a Town Meeting. The Assessors should know before setting the tax rate, and the Board could call a Special Town Meeting, if so desired. Mrw Clarke said that he agreed; it would be help- ful to have some indication of what is going on - whether the Town wants to spend anything, how much the Cotton land' is and, if for all practical purposes, is it immediately available? Mr: Kenney said that people voted against the school because of the tax rate; do you want to meet with the townspeople on how to go forward. Mr. Clarke said that, as he had said at _the out- set, it would be helpful to us to have some kind of idea of what the people will support, or whether they would support anything at all. We know we are going to have double sessions somewhere, at the Junior Hih or the High School, and it will make it extremely diffi- cult for young people who lost the school. The operating budget is going to go higher because of double session. The Chairman said that in order to get going; if you looking for some reaction from this Board, fine; as 362 far as a public reabtion, you should conduct your own meeting. Mr. Clarke said, having done that for over two years and drawing fifty people, it is difficult to know what the public Would like. The Chairman said that you were telling the peo- ple $3,1i.00,000. Last fall, it was $4.,600,000. Mr. Clarke said that they have observed no lack of candor in reporting figures at any time. The Chairman said that people were buying $3,400,000 at the time. Mr. Kenney said that people would go for $3,21.00,000 in relation to the tax rate. Mr. Clarke asked about preliminary plans; he didn't know What money they have left and it may be possible to transfer. Mr. Gary said that there is no account to appro- priate money from the Reserve Fund. There has to be an account in order to make the transfer. If someone could open up the channels on the legality of doing this, if we could avoid the expense . . . Mr. Legro said that it is a general rule of law that you do not transfer from the Reserve Fund into an account that didn't previously exist. Mr. Clarke said that we would have to ask for pre- liminary plans, between $20,000 and $25,000. If it could be transferred to E & t fine. Mr. Gary asked Mr. Legro if there would be any possible way you could transfer a previous appropriation account to draw from a previous appropriation balance? Mr. Legro said that be thought this has been talked of for a Special Town Meeting. I think Mr. Clarke has some misapprehending on money raised on the tax levy; that opportunity is given anyway. What can be done is to defer the setting of the tax rate. It must be set in order to avoid the temporary borrowing and the Chairman of the Board of Assessors Would agree on that. The Chairman asked Mr. Clarke, again, about the amount of money they were talking about? Mr. Clarke said, $20,000 or $25,000 for preliminary plans, from some account to be transferred. Mr. Fisher asked if there could be some from some other place - such as the $63,000 already bonded. Cash payments come from E & D? The Chairman said that they could probably use that $10,000 in Article Z{. of the June Meeting. Mr. Gary said that he could see no necessity for putting it on the tax rate. The Chairman asked Mr. Clarke, you don't want a Special Town Meeting? ti Mr. Clarke replied, no money, no payment. The Chairman said that if the money is available, do you want a Special Town Meeting as soon as you can set the date? Mr. Clarke said that the problem hasn't gone away; they would like a Special Town Meeting as soon as possible. The Chairman said that they would want $25,000 for preliminary plans and specifications. Mrs. Morey asked to be recognized. She said that the Cotton site was purchased for an elementary school and is not an adequate action site; Judge Cotton doesn't want to sell it anyway. The Chairman said that the site is the last thing he wants to get into. There is additional land there, we have agreed to the line. We will sit with the Appro- priation Committee and set up a Town Meeting. Mr. Clarke said that all he can do is attempt to ask Town Meeting for preliminary plans and specifica- tions to meet that need; if they agree to the need and meet it, that is as far as we can go. Mr, Spaulding of the Permanent Building Committee asked what sites would you be willing to make available? We are probably stuck with the design we have and elimi- nating the expansion part of it would cost the Town $2.5 M. If we could build a one-story building, we can save the Town money; I don't think we have any direction to develop a site and a Junior High program eliminating the expansion, and come back with final total costs not too- far removed from the construction costs. The Chairman said that as far as sites are con- cerned, We have no objection to you building on what land we have. Mr. Spaulding said that if you tell us the Cotton site, perhaps we need specific direction from you. The Chairman said that we have about forty acres available there. Mr. Clarke said that it would require twenty-five acres to put a structure on that. The Chairman said that you must make that decision on where you want the school. Stanley Phillips of Vaille Avenue said that he was impressed with Mr. Clarke's request for guidance and help in solving his dilema. Apparently, there were 4.801 citizens who were ready to help solve the problem. The majority of elected offioials of this Town and the ap- pointed Committees supported this plan and the minority of officials have not supported this. The Committees have worked long, hard years and deserve guidance from officials on definite guidelines. 364 Mr. Kenney said that he would like to point out that this Selectman is ready tp give the School Com- mittee all the possible help. We had a split Board on this. Mr. Clarke said that the School Committee will ask for a Town Meeting at the earliest practicable date and will have to give further consideration as to the site. He asked if there was any reason why action on the site can't proceed independently from Town Meeting? The Chairman said that we have an appropria- tion for the site. Mr. Legro said that financing is going to depend on that. Mr. Clarke said the setting of Town Meeting should have some reference with respect -to the site; if we go ahead, we ought to have some indication that a site will be available. Mr. Legro added, and whether the authority to as- quire it included enough land to take ogre of the area the School Committee now needs. Mr. Gary said that as far as people in the Town with average understanding, it would be difficult to justify taking additional property for a school site that the Town doesn't already own; it would have to be incor- porated in the cost of the school; people should consider that. Mr. Clarke said that the number is not presently available. The School Committee retired from the meeting. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discus- Executive sing, deliberating or voting on matters which, if made Session public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. A date for a Special Town Meeting on the Junior High Special School was discussed and it was agreed that the Chairman Town would write a letter to Mr. Clarke, immediately, and ask Meeting the School Committee to recommend a date; taking into consideration we need four to five weeks to prepare for a Town Meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:17 P.M. A true record, Attest , /1/1x. C( f t , Executive Clerk, Selectmen eitj SELECTMEN'S MEETING July 14, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 14, 1969 at 7:30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present, Mr. Legro, Town Counsel; =Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Enginker, and Mrs, McCurdy, Executive Clerk, were also present. Hearing was declared open upon application of the Lexing- ton Golf Club, Inc, , ,for a Club Liquor License. Mr. Cosmo DeBonis, Manager of the Lexington Golf Club, was present at the hearing and informed the Board that he was a member of the Board of Governors, Chairman of the House Committee and, as Manager, had made application for the Club License. He introduced to the Board, Robert Viano, President; Richard Harding, Secretary; B.M. Forbes, Robert Connelly and Fred Hastings, Members of the Board of Governors. The Lexington Golf Club is a 9-hole golf club with 185 regular members; family members limited to 50, and we have 11 Associated members; many clubs have social memberships, we don't. We have a very small membership because it is a 9-hole golf club, It is in the strictest sense of the word, a private Lexington club and we have very few guests, perhaps 5 to 10 play a week, Golf Club within its own club membership. The club is made up of 70% or 80% of residents and taxpayers of Lexington, middle aged, pro- fessional or businessmen, responsible and substantial people. Be assured that if the license is granted, the privilege would not be abused because the beneficiaries of the license are home owners and paying taxes. It is the best assurance that the Board could have that it would not be abused. There would be no troubles and problems associated with a liquor license. We want it to help support our kitchen, to help support a restaurant. For the past several years we have had a difficult time keeping someone to take care of the kitchen and serve as we don't have enough business. If we could have this license, the fact that he could serve re- freshments together with food, would be a great convenience to the club and help support the kitchen, The last years we have kept someone there through the business of a subsidiary. We real- ise we cannot abuse the privilege and would regard it quite seriously. The Chairman said that we haven't heard the most important part, the hours, control and location of the bars. We have looked at the layout of the building and nothing is shown where liquor is going to be served. 1 3()t) Mr, DeBonis said that we will have very little liquor there and don't expect any tremendous sale; it will be stored in the kitchen. �. +: The/Chairman asked Where it would be served. Mr. DeBonis said that the kitchen has a counter and the counter has what will be a bar; we will serve nips as we don't want to have bottles displayed; it will be a neat, quick arrangement. The Chairman asked if it will be served on two floors? Mr, DeBonis said that it will be in the lounge, under control of the house committee. The Chairman asked who will have control of the actual liquor? Mr, DeBonis said that we will have a man who will not be a bartender but will serve; he will have small cases_ of nips, glasses and set-ups and there is an ice machine. When we come to the bar, we will ask for what we want and he will put a nip in the glass. The Chairman said that this man will be the same man hired by you? Mr. DeBonis said that he would be; it would not be someone different every day. The hours we ask for are a lot less than what we would like to request. We might have a Scotchie once a month from 10:A.M. to 5:30 or 6:00 P.M. Occasionally, we will have one until 9130 or 10:00 P.M. We are requesting the hours of 12:00 N. to 12 00 M, seven day; a week. The Chairman asked if the club was operating a liquearbusi- ness now? Mr, DeBonis said that we have our own liquor; we have been permitting the members to bring their own liquor. Mr. Kenney said that any time the bar is open, the man will be there? Mr. BeBonis replied in the affirmative. Mr, Kenney asked if there would be an increase in membership? Mr. DeBonia replied in the negative. Mr. Mabee asked if the members will stop bringing in a bottle if the license is issued? Mr, DeBonis said that we discussed this and decided it shouldn't be put down as a hard and fast rule to tell the members that they have to buy a nip; as of the moment, if the license goes through, we would allow the members to have their own bottle; it is hard to change too fast, Mr, Mabee asked if there would be regular hours for meals? Mr. DeBonis replied that we call it a kitchen but we do not serve meals; we have sandwiches and, on Saturday morning, they can get eggs. When we have a Scotchie, then this man caters a regular meal, a buffet generally. Speaking 80% of the time, coffee and doughnuts are available. Mr. Bailey asked if they would rent to other groups? Mr. DeBonis said that they would not; it will always be just the members of the club, with some guests, We anticipate a guest tournament, other than that, it is strictly limited. This club is owned by the members and is not a corporation leasing to a group of players, a :3 7 The Chairman said that we have not granted a license to this point with this flexibility. If the Board didn't see fit to grant these hours, what hours would you want? Mr. DeBonis said that mostly, from 12:00 N or 1:00 P.M. to 6:00 P.M. will satisfy us 80 percent ;of the time. We could have a Scotchie on Tuesday, Wednesday or Thursday. The Chairman asked if these+would be weekly? Mr. DeBonis replied that they could be every other week. The Chairman asked, what if we considered something less than 12:00 N,? Mr. DeBonis suggested 12 00 N to 10:00 P.M. on Monday through Friday; 12:00 N to 12:00 M. on Saturday and Sunday. This is only to cover us when we have these functions. Mr. Greeley asked if they were more likely to have a late one on Sunday than Friday. Mr, DeBonis replied that they would; a Scotchie or a tourna- ment would be until 8 30 P.M. and after the people have a buffet, it is 10:00 or 11:00 o'clock. Mr, Mabee asked if they would be able to buy food at the re- quested hours? Mr. DeBonis said that food will be on sale, except the catered meal, then after dinner, there would be drinking by the guests. Food will be available. The Chairman asked about the storage of liquor and if there would be one area that would be locked? Mr. DeBonis said that it would be made secure and locked, The amount of business is so small, there wouldn't be a great supply. The Chairman said that this has to be a condition of your li- cense. He asked if there were any questions from the audience? Mrs.Paul Hanson, 70 Hill Street, asked if once the license is granted, can it be withdrawn? The Chairman replied that it can be withdrawn; any restric- tions can be put on and it can be policed; any violation of the license and it will be withdrawn. Mrs. Hanson said that she was concerned with the flexibility and guests being able to come in. She asked how much actual policing can be carried on by a private club? The Chairman said that we police it to the fullest extent. As a matter of fact, we go to extremes. We have the right to go in at any time. A current list of all members is available to the Board at all times and others cannot be added to the list before coming to us. There is no serving to minors. The license is subject to sus- pension and these regulations will ill become part of the license. Mrs. Hanson said that, generally, liquor is sold only in package stores. Having granted this, won't there be others who want it? The Chairman said that the Town accepted the By-Law for clubs incorporated under Chapter 180; we have three in Town now and we police them very tightly - we have also denied one. We haven't heard of any problems and we feel strongly that we intend to police ,it. 36S Mrs. Sherman Starr asked who the other clubs in Town were? The Chairman replied that a license has been issued to Sons of Italy, Knights of Columbus and the Elks Lodge; license was de- nied to the V.F.W. The Chairman declared that part of the hearing closed. He asked if anyone present was in favor of the application? Mr. DeBonis said that he would like to present a petition, signed by fifty-two Lexington residents, in favor of the applica- tienlfor a club liquor license. The Chairman accepted the petition and read a letter from Russell Armstrong and Reed Kingston Taylor, who were recorded in favor of the application for a club liquor license. The Chairman asked if anyone wished to be recorded in opposition? Mrs. Sherman Starr, 62 Hill Street, asked to be recorded in opposition. She had written to the Board, objecting to the parking on Hill Street by persona using the golf club. She said that there is a sharp bend in the road from S8 to 72 Hill Street and cars are parked because the club deed not have sufficient parking for members; there are twenty-five to thirty cars parked on Hill Street at that point where it narrows and it represents a hazard. There have been two accidents there; one involved a child and one was at the foot of her driveway. An increase in drinking represents a hazard. She said that the Chairman had mentioned something about a restricted license; it would be nice for the nighttime but the daytime is when the traffic is mere serious. Her second ground for objection is that this is a highly residen- tial area, obviously different from the Elks Club, which is a modern building set back from the road with sufficient parking. This club is a very small club and if anyone takes a drink out theycare almost drinking on the street, It was said that mem- bers are responsible, but as a neighbor they have not been responsible for the pickup of cans and bottles on the club property, and I am concerned about anything extra going in there. If the license is granted, would not the club need a permit from the Board of Appeals; it is a permitted use in that zone and I don't think they could unless they go to the Board of Appeals. It would seem to me that if there is increased alcoholic drink- ing at the club, they should increase the parking. The Chairman asked if the club increased the parking capacity and there was no parking on Hill Street, would this change her position? Mrs. Starr said that it would, to keep the cars off the street; when she had company, there is no place for them to park; she is much more concerned about traffic than anything else. The Chairman told Mr, DeBonis that the Board has received copies of letters lent to the club by Herman May regarding condi- tions of litter and piles of material there. He asked if the club has done anything specific about these? Mr. DeBonis said that when the first letter had come in, he had called Mr, May and asked what were the promises made by the Club to the Board of Appeals. Mr. May wrote me but, unfortunately, I just got the, letter an hour ago. Some of the commitments have been taken tare of but the greenskeeper does keep, on the parking lot close to he barn, soil and material for top dressing as he is trying to bri these greens back to a good condition, after the worst winter have had. He tries to keep it as near the barn as possible as have found that, in other years, it was being taken. We would be ppy to talk to the -greenskeeper and put this loam somewhere els . Mr. May talks about a screen; we will get together with the gree skeeper and the Board of Governors and put in some shrubs to ma it attractive. We should be permitted to say that some of our n ighbors use our aide to dump leaves; in our defense, this should be noted. There is a wide ares between the stone wall and the paved part of the road; it is not ours, but has been used by the abutting neighbors. The Chairman asked about parking. Mr. DeBonis said that they do not have a solution. The Chairman said, aside from the license, we must go up there anyway. We all agree that parking is a problem. Mr. DeBonis said that for the most part, cars are in the lot but Saturdays and Sundays, parking -is very close to Hill Street. We have beau trying to do what is proper but we can't enlarge the lot as there is no place to enlarge it. It is very hazardous at Mrs. Starr's driveway. Mrs, Starr agreed and said that because the road narrows, it is very hazardous. When her children started going to school, they put in a special bus stop. Mr. DeBonis said that the real problem comes by her house as it is doeuhill and there is no room off the road. If we ar- ranged no parking near her house The Chairman said that it might be a big help in solving the probleml. We will turn it over to the Traffic Committee. Be asked if the Club is applying for a 12-mouth license? Mr. DeBonis said, yes; we would like to have it princi- pally within the golf season but they would like to have something around New Year's Day, The Chairman declared the hearing, closed. The Board will take the application under advisement. Mr, DeBonis and members retired from the meeting. Later on in the meeting, the Beard discussed the applica- tion. Mr. Mabee asked Mr, Legro if, because of additional permit- ted use, if', because the Board grants a liquor license, would the Club have to go before the Board of Appeals? Mr. Legre replied, no. He said that, frequently situations where two or more Boards in Town have to give separate permits, 3 ' 0 even if it is something that has to go before the Beard of Appeals we can grant. It is clearly decided that the permit granted by one had no effect on the need fqr, or action of another Board, Mr, Kenney suggested tabling the application. He would like a clear cut request for hours; he would like their Bard of Directors to give a plan, in writing, on how they would clean up; he would like their Board of Directors to meet with the Traffic Committee regarding parking and, if it were possible, to have no parking on 150' of the curve; he would like that straightened out. Mr, Greeley asked why Mr. May had written his letters? The Chairman said that the neighbors had salted him to. Mr, Bailey said that he would feel better if they had been running a tight ship - and they aren't. The Chairman said that we will meet with Mr. DeBonis and Mr, Viano, get these things straightened away and come back to the next meeting of the Board to consider granting the license, or not. Upon motion duly made and seconded, it was voted to take the application of the Lexington Golf Club under advisement, Mr. William Mason met with the Board, The Chairman said that, as a retired employee with thirty- Retired three years of service to the Town, the Board of Selectmen would employee like to present you with a gift certificate in appreciation for your contribution to the Town and for a job well done, Mr. Mason thanked the Board and retired from the meeting, Mr. legro informed the Beard that the option for the Douglass Douglass property would be ready by next Monday ,evening, Option Upon motion duly made and seconded, it was voted to exercise the option on the Douglass property. Mr, Gray informed the Board that he had discussed the code enforcement on the Workable Program with the Building In- Workable Spector, the Health Officer and Mr. Zaleski, Mr. Zaleski had Program written to HUD for a special typo of program but he has not heard from them. The Chairman said that we should look into this program in depth, especially after the Referendum, and see where we should go. Mr. Greeley said that he would like to hear from HUD. Mr, Gray reported that he had talked with the Lexington Parking Cab Company about parking their cabs in Town Office Building Park- ing area and the situation should be resolved in about two weeks, Mr. Gray said that the Fire Department requests $125 for two tires for the ambulance; there is only $133 left in the Am- Transfer bulance Maintenance Account, Upon motion duly made and seconded, it was voted to re- quest the Appropriation Committee to transfer from the Reserve Fund the amount of $125 for two tires for the ambulance. Mr, Gray reported that he had discussed the request of the American Legion to hold a Country Fair over Labor Day weekend with Chief Corr and there is no problem. Upon motion duly made and seconded, it was voted to grant permission to the American Legion to hold a Country Fair over Labor Permit Day weekend, August 29 through September 1, 1969, Mr, Kenney asked if there were any problems over July 4th weekend? Mr,, Gray said that there were considerable problems .during the 4th of July carnival, according to Chief Corr. We have had one meeting with the Lions Club to discuss this and we will meet with them again. Mr, Gray informed the Board that an offer has been received for lots 124 and 125 located north of 19 Hayward Avenue, in the amount of $1,000, $500 for each lot. Tax 'title The Chairman instructed Mr. Gray to have a plan made and to be submitted to the Board at the next meeting. Mr, McSweeney said that bids had been taken today for street construction on-Hillcrest Avenue, 'faille Avenue, Ewell Avenue, Grass- land Street and Philip Road. Engineering estimated $235,000 and only one bid was received, from George Brox for $237,735, just for the construction bid. The Chairman asked if he had gone over the bids. Mr, McSweeney said that his main concern was to get in touch with the eight companies that had taken out and didn't come back with a bid. Ha had gone over this bid and there is no reason for doubling the items; some should have been $50 and Brox charged $100; the stone wall should have been $40,000 and Brox had $98,000. We will review this bid; we give them three weeks to review the bids; Street Bids normally, we give two weeks. The Chairman asked if Mr. McSweeney was recommending re- jection of the bid. Mrd, McSweeney said that it must be rejected. The Chairman asked if there were any other streets that came in within the estimate? Mrd. McSweeney said that they didn't break them down. The Chairman asked where the walls are? Mr. McSweeney said that the largest percentage were on Hillcrest Avenue. Mr, Greeley asked if Brox bid it street by street? Mr, McSweeney answered in the negative. The Chairman asked if there were any alternatives? Mr, McSweeney said that there were not; :ws reviewed this and were well within the bids that came out within the last month or two. Upon motion duly made and seconded, it was voted to reject the bid submitted by George Brox. Mr, McSweeney said that he will coma back to the Board at the next meeting with a solution. rd Mr. McSweeney informed the Board that bids had been taken 111on the trunk sewer for Cedar Street, etc. $130,000 was appropri- Sewer ated and Engineering had estimated $115,000. There were ten Bids bidders and the lowest bid was $79,495.62, by Brentwood. Construc- tion. After certification, Mr. McSweeney will request the Board to award the bid. Mr. Gray said that he would like to discuss sewer better- ments. Me gave the Beard copies of charges. He said that all fees are not set by statute, not like places set by general law. Sewer This is because of petitions we are getting. We have been:.holding Betterments up on it because there may be a change in betterments set up by Act. If the Board did consider changing, it was doubtful that we could get it for this year. The Chairman said that we asked you to come back with a formula; it might be that the recommendation might be to leave it alone. Get a recommendation oz what you think it should be on; submit it to Town Counsel and he will tell us what we can do. The Chairman read a letter from Mrs. Camirand, 4 Winship Road, who is applying for a sewer connection, Mr. McSweeney re- Camirand ports that she is the only one in the area left to be severed. Sewer It was agreed to write to Mrs. Camirand saying that her request will be considered when the sewer coasts for 1969 have been determined, as we have not receiVed all of the bids for 1969 sewer construction. The Chairman read a letter from Chief Corr, reipsesting the appointment of Cadets Stephen Doherty and Thomas Moran as Special Special Police Officers. Police Upon motion duly made and seconded, it was voted to appoint Stephen Doherty and Thomas Moran as Special Police Offi- cers, for terms expiring March 31, 1970; Harrington The Chairman read a letter from Attorney Anna M. Greeley, Bequest informing the_Board that Katherine Harrington has bequethed $1500 $ 1500 to the Town for a seedling Town forest, with the stipulation that Seedling it be cared for by the Junior and Senior High School Students. Town Forest It was agreed to write Attorney Greeley and think her for informing the Board of the bequest and request clarification of the conditions of the bequest of $1500 for the seedling forest. The Chairman read a letter informingrthe Toen that Muscu- Muscular lar Dystrophy day is to be October 19, 1969. Dystrophy The Board agreed that a letter is to be written stating that there is no objection to collecting for Muscular Dystrophy on October 19, 1969, Permit The Chairman read a letter from a resident of Third Street requesting permission for a clambake to be held on July 19. 37;-i The Board had no objection and permission was granted, sub- ject to a curfew of 11:00 P.M. Upon motion duly made and seconded, it was voted to author- ize the Chairman to sign Liquor Identification Cards for the following: I.D. Cards Maureen Trani 11 Slocum Road Judith A. Desmond 5 Revolutionary Road Upon motion duly made and seconded, it was voted to approve Minutes the Selectmen's Meetings held on May 12 and June 30, 1969. The Chairman informed the Board that a request has been re- ceived from Anthony Buss, 11 Albemarle Avenue, to purchase tax title lot 37 Rockville Avenue to combine with lot 38, owned by Mr. Buss. Rockville This request was submitted to the Planning Board and a letter has Avenue been received from them stating that the Planning Board has no objec- Tax Title tion to the sale, subject to the requirement for combining two undersize lots into one. The Chairman said that no one else could use this lot but it will be advertised for bid. It was agreed to advertise for bids on tax title lot 37 Rockville Avenue. U The Chairman read a letter from John D. Chiesa, 44 Adams Street, requesting a deferment of his sidewalk betterment assessment because of firm land. The total assessment is for $349 and Mr. Chiesa requests $ deferment of 211 feet. Chieas Upon motion duly made and seconded, it was voted to defer pay- Deferment ment of $211 for sidewalk betterment assessment on the property owned by John D. Chiesa, 44 Adams Street. Mr. Mabee reported to the Board that the quarters of the Drug Drug Counsellor, located at the Visiting Nurse Association, were completed. Quarters Mr. Cataldo submitted his resignation to the Board as a mem- ber of the 'down Office Building Committee. Upon motion duly made and seconded, it was voted to accept Resignation the resignation of Robert Cataldo as a member of the Town Office Building Committee. Upon motion duly made and seconded, it was voted to appoint Appointment Allan F. Kenney a member of the Town Office Building Committee. Upon motion duly made and seconded, it was voted to accept the resignation of Allan F. Kenney as a member of the Diets Fremont- Resignation sing Committee. Upon motion duly made and seconded, it was voted to appoint Appointment Fred C. Bailey a member of the Data Processing Committee. Mr, Kenney said that a letter Of intent to negotiate a contract for final plans and specifications for the Town Office Building and the Police Building should be seat to Mr. Dean of Perry, Dean and Stewart, Upon motion duly made and seconded, it was voted to send a letter of intent to negotiate a contract with Perry, Town Office Dean and Stewart for final plans and specifications for the Contract Town Office Building and Police Building. Mr, Kenney said that, on the contract itself, Mr. Dean was amenable to the idea of i flat fee; he wants two percent, in addition, for supervision. He hates to bid on the re-design if the budget is not met. The Chairman said that we read a clause from a previous contract stating he has to re-design if the budget is not met, and asked him to accept this same condition; we are accepting his numbers and I think he will accept it. Mr. Gray said that if the Board is agreeable, we can sit down and talk with Mr, Dean. It was agreed to talk with Mr, Dean. The Chairman informed the Board- that he had talked with Mr. Noyes regarding the appointments to the Personnel Committee. They have talked with F, Lawrence Doherty, Alfred- Buss, Nancy Personnel Hudson and Sidney Williams regarding the appointments and talked Board of the responsibility of the charge. Joseph Campbell was con- sidered but he has just started his own business and declined. Upoh motion duly made and seconded, it was voted to ap- point Donald Noyes as Chairman of the Personnel Board; F, Law- rence Doherty, Alfred S, Buss, Nancy Hudson and Sidney Williams as members of the Personnel Board for a term expiring April 1, 1970. The Chairman said that he has received a call from Mr. Jaquith regarding his concern with the property on Mass. Avenue owned by Edgar J. Thivierge. We discussed this three or four Thivierge years ago for the protection of that area, Re asked ifthis is Property business zoned 6-2? Mr, Legre said that this C-2 zone includes both sides of Wallis Court. The. Chairman asked if the Board would like to pursue this? Mr. Mabee asked, to keep it residential in appearance or re-zone to residential? He has no objection to re-Boning. If it is going to stay like it is, they should tear it down and put a business up, or re-sone it and keep it as it is. Mr, Greeley said that ha would refer it to the Planning Board and ask if they think it should be re-stoned, It was agreed to refer the matter to the Planning Board. Transfer The Chairman said that we have started our program on the Town Manager and would like to ask the Board to request a (, r a transfer of $500 for this program. We have no specific, com- plete copies ;of the charter as it was put through the Legisla- ture and received a quote of $110 to have 200 copies printed. We have spent money for advertising and other expenses. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Selectmen's Expenses Account 1050,. in the amount of $500. 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 Executive the public security, the financial interests of the Town or the Session reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, •it was voted to adjourn at 9:35 P.M. A true record, Attest: Executive Clerk, Selectmen $ ot) SELECTMEN'S MEETING July 28, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 28, 1969 at 7:30 P.M, Chairman Catalde.1 Messrs. Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel; Mr. Gray, Executive Assistant; Mr, Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, three jurors were drawn, as fellows: Jurors Douglas B, Tiffany 109 Reed Street Thomas J. Goblick 51 ladle Avenue Reuben Wasserman 5 Cooke Road Mr. Yewell, Town Treasurer, met with the Board. He said that it was necessary to borrow another million dollars in anticipation Treasurer of taxes and he had received bids. He recommended that the Beard award the bid to the State Street Bank and Trust Company, on $500,000, 6.22 discounted; First National Bank of Boston, on $500,00, 6.24 discounted. Upon motion duly made and seconded, it was voted to award the bid to borrow $1,000,000 in anticipation of taxes as follows: State Street Bank and Trust Co., on $500,000 6.22 discounted First National Bank of Boston. on $500,000 6.24 discounted Mr, Gray read a letter from the Comptroller, requesting that Comptroller Harold Ragtime be authorized to sign payrolls and warrants in his absence. Upon motion duly made and seconded, it was voted to authorise Harold Restien to sign payrolls and warrants in the absence of Mr, Perry, Town Comptroller. Upon motion duly made and seconded, it was voted to authorise Selectman Allan F. Kenney to sign payrolls and schedules in the absence of Robert Cataldo, Chairman of the Board of Selectmen. Mr, Gray requested the Board to approve the Traffic Rules and Regulations Amendments, as presented by the Traffic Committee. Traffic Upon motion duly made and seconded, it was voted to adopt the Amendments following amendments to the Traffic Rules and Regulations= these to be sent to the State Department of Public Works and advertised for three consecutive weeks: Traffic Rules aid Regulations To Amend Article VII One-Way Traffic: Section 1, One Way Traffic; Section 1, One-Way Traffic, by deleting from ,Schedule #5, •Raymond Street westerly from Mussey Street to Clarke Street and deleting Muzzey Street from Massachusetts Avenue southerly to Forest Street and adding Massey Street from Massachusetts Ave. southerly to Raymond Street. To amend Article V: Parking: Section 2, Parking Location and Prohibitions, by adding to Schedule #1, Raymond Street South Side from Muzzey Street to Clarke Street. To amend Article VIII: Operation of Vehicles, Section 17, Certain Turns Prohibited, by adding to Schedule #6: Prohibited Turns, Clarke Street to Massachusetts Ave., Right Tarn Only. Mr, Gray informed the Board that bids had been taken on the bathhouse at the Reservoir as follows: Buse Realty Trust, $16,588; N & -P Construction, $16,984; Ernest B. -Outhet $17,400. Repre- sented a schedule of estimated costs to the Board and said that one et the problems is that the estimate made by the Permanent Building Committee Architect was $10,000, while the sponsors of the Article estimated $7500, The appropriation was for $30,000 111 and the Public Works' cost -figure is $24,354.78, excluding the building. The flow equipment has been •ordered but not received; Reservoir the pipe has been ordered and received. Some of the work will be done by our own forces. The bid on -the building included bringing the utilities to the outside and aro will take it •from there. The Chairman said that we must reject these bids. Mr. Burke asked if the Board would consider the installation of the water line; we anticipate getting the cable in, checked out and installed, and this will eliminate the installation of the material next year - the water and the cable will be in. The Chairman felt that the Board should stop and take a geed look at this project; we should know where we are going before we spend any more money. There will be a lot of money spent to keep up the water level. If we go back to Town Meeting, now we know how the springs are and we should come up with construction figures based on currant figures. Mr. Gray said that we have actually spent $5,880.78, but we are committed under order for $6,924, for the flow equipment and $1908 for the water pipe. The Chairman said that he would rather have the flow equip- ment in the barn than in the ground; if we are not going to use it, he would rather sell it and lose $1,000 than $7,000. Mr. Gray .said that if Town Meeting wishes to go ahead with this, we would be ready next year; we are going to be much closer to $50,000. Upon motion duly made and seconded, it was voted to reject all bids for the bathhouse at the Reservoir. Mr. Gray said that a letter has been received for Rev. Ernest B. Johnson, Jr. regarding a sewer betterment assessment Johnson of $949.71 on his property at Lot 145, Lot 106A and Lot 108C Sewer Grove Street. The Town estimated 215' of frontage and he really Abatement has 200 feet; on the basis of this, the abatement would only be for 15 feet, a reduction of $66.26 Upon motion duly made and seconded, it was voted to abate the sewer betterment assessment on Lots 145, 106A and 1080 Grove Street, owned by Rev. Ernest B. Johnson, Jr. in the amount of $66.26, leaving a balance due of $883.45. Upon motion duly made and seconded, it was voted to abate water bills for the following: Wrong Reading Wrong Billins Dr. L.C. Filios $ 32.41 Professional Building $40.00 John J. Curtin 137,55 Gene W. McDaniel 38.50 Edward B. O'Connor 56.35 Lawrence Miller 8.75 Water Dr. Howard J. Potter 384.32 Lennart Eba 8,75 Abatements Kenneth F. Grinnell 69.25 Albert Fisher 6.65 Albert L. MacGregor 30.39 Harvey Adams 1.00 Edward Newman 18,55 Ruth L, Berry 8.75 J.A. Sellars 226.26 Sue M. McKay 8.75 Walter P. Corcoran 25.45 James Enterkin 24.45 Ernest W. Anderson 42,00 Meter out Swenson Brothers 43.05 Albert Koeplin 35.00 G.W. Porter .8.75 Mr. McSweeney informed the Board that the orders of taking for Slope Ease- slope easements may be prepared on the second half of Hillcrest ments Avenue ,frow Circle Read to Albemarle Avenue. Hillcrest Ave. Upon motion duly made and seconded, it was voted to instruct to Albemarle Town Counsel to prepare the orders of taking for slope easements on Hillcrest Avenue from Circle Road to Albemarle Avenue. Mr. McSweeney informed the Board that bids were opened on July 14, 1969 for the Hill Street trunk sewer that runs from Hill Sanitary Street to Cedar Street, and for sewer laterals on Hill Street, Sewer Diana Lane, Woodland Road, Gould Road, Thoreau Road, Whitman Circle Contract and Glen Road South. The lowest bidder was Brentwood Construction Corporation, 47 Albany Street, Brockton, in the amount of $79,495.62. He had checked out the company, owned by Jack Fien, and found it to be highly recommended. Mr. McSweeney recommended that the contract be awarded to the Brentwood Construction Corporation. 1 6 Upon Motion duly made and seconded, it was voted to award the contract for the sanitary sewer to the Brentwood Construction Cor- poration, in the amount of $79,495.62. Mr,. McSweeney said that bids were opened today for street and drain construction on Manley Court, Bridge Street, the parking lot Street and drain on Mariam Street, Meriam Street, Woburn Street, Glen Road South Drains and Edgewood Road. R & J Salvucci Corporation, 4 Valley View Road, Waltham was the lowest bidder at $103,595, We are still checking out the bids. Upon motion duly made and seconded, it was voted to sign the Order of order for sewer construction for Gould Road and. Glen Road South. Conet.Sewer Upon motion duly made and seconded, it was voted to sigh the Lexington license for the Lexington Liquor Mart, 58 Bedford Street, effective Liquor Mart July 30, 1969, The Chairman informed the Board that a meeting had been held with the officers of the Lexington Golf Club, Inc. The hours were discussed and agreed upon. They have cleaned up the area and intend to do more work; they will not mix the loam for top dressing in the area near the street. The Traffic Committee met there and.Mr. Gray will report, Mr. Gray said that the Traffic Safety Committee met with Mr. DeBonis, Manager, and Mr. Vieno, President. It is recommended that Lexington parking be prohibited from the driveway of the Lexington Golf Club Golf Club on the westerly side of Hill Street to Diana Lane, a distance of about 400 feet. We will continually take a look at this and strongly recommend that the Board ask them to look at. their land that it available for off-street parking. The Chairman said that this should be done as a formal re- quest to the Board. Upon motion duly made and seconded, it was voted to grant a Club Liquor License to the Lexington Golf Club, Inc., subject to the rules and regulations approved by the Board for the. Club; Monday through Thursday, 11:30 A.M. tb 6:00 P.M.; Friday and Satur- day, 11:30 A,M, to 10:00 P.M.; Sunday; 1:00 P.M. to 10:00 P.M.; Holiday hours to be determined by the Board of Selectmen. Liquor will only be served in the Lounge and the covered part of the porch; liquor will only be stored in the storage area in the kitchen; fee to be $250.00, Upon motion duly made and seconded, it was voted to sigh the Common Common Victualler License for the Pewter Pot Realty Corporation, Victualler 1710 Massachusetts Avenue, formerly the Muffin House. Upon motion duly made and seconded, it was voted to authorise the Chairman to sign the Liquor I,D. Card for Shaun Rourke, 61 I.D. Card School Street. 360 Election Upon motion duly made and seconded, it was voted to approve Officers the list of Election Officers 1969 - 1970. Upon motion duly made and seconded, it was voted to abate Abatements ambulance bills for: Wallace Corcoran, 5 Taft Avenue, $10.00, d.o.e.; Dennis McManus, 3 Laurel. Street, $12.00 billed by mistake. Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen's Meeting held on November 25, 1968. Upon motion duly made and seconded, it was voted to sign the Certificate of Incorporation fors Marilyn Cravis, Elisabeth B, Cert., of Williams, Richard E. Bayles, Lloyd S. Beckett, Jr., Franklyn J. Incorp, Crosby, Kenneth E, Peterson, John W. Bernsee, William S. Lew llen and Richard E. Harding, "Lexington Interfaith Corporation? to be located at 112 Burlington Street, home of Lloyd S. Beckett, Jr, Mr. Gray informed the Board that the sale of Lot 37 Rock- ville Avenue had been advertised in the Lexington Minute-man and Buse one bid had been received from Anthony C. Buse, in the amount of Tax Title 4350.00. The Board had voted to sell this lot to an abutter, to be combined with his lot. Mr, Kenney said that $350.00 was not enough money for this lot, Mr, Gray said that when a lot is combined with the existing lot, it is sold for a lot less; ordinarily, the price could go from $300 to $700 or $800. Mr. Kenney said that he would like to see some negotiating done. Mr. Buse initiated this and, according to practice, we put it out to bid. We should go back to negotiating as this price is not right. It was agreed that Mr. Gray is to talk with Mr. Busa. The Chairman said that bids have been received on tax title lots 97, 98, 99 and 100 Grandview Terrace. Mr. Kleeburg bid $1800 for lots 97, 98 and 99 and, in the event that his neighbor does not bid on lot 100; he bid: $800.. Mr. Ryan, Mr. Kleeburg's neighbor, bid $900 for lot 100. Mr,. Esserian bid $800 for lot 97; $1250 for Tax Title lot 96; $1250 for lot 99; $1250 for lot 100; a total of $4550 for Grandview the four lots. Terrace The Chairman said that Mr. Ryan and Mr. Kleeburg want to en- large their lots and Mr, Esserian is adding and will. cut up the lots to sell, Mr. Kleeburg spent $400 doing a title searehy because at the time he first initiated this request, we didn't knew what the status was. He was told if he did this, we would proceed from there. We have a moral obligation to give him serious consideration, Basically, if the Board is willing to sacrifice some money, one is strictly a subdivision. 3 8 1 Mr, Kenney asked if the Board sells, is it legally tied up so that the abutters can't build on them? Mr, Legro said, yes, it is written in the deed. The Board looked at a plan of the area and Mr. Greeley said that they are both extinguishing Grandview Avenue on paper. The Chairman said that his feelingwas, if the Board did not see fit to give to the two people involved, to reject the bids. To use in the manner Mr. Esserian wants to, they are worth more money. Mr. Greeley asked if there was an obvious place for Mr, Esserian to put his house on this new lot? Mr, Gray answered in the affirmative, Mr, Greeley said that Mr. Kleeburg and Mr. Ryan want to keep a house out of that area. Mr. Kenney said that this gets into the question of what we are doing in selling these lots. The Chairman said that it boils down to, are you willing to let these people upgrade their homes? Mr, Greeley said that, in due respect to Mr. Esserian, he is trying to upgrade his lots. Mr. Ryan was present at the meeting and was asked the dimen- sions of his lot. He replied that his lot had 7200 square feet and Mr. Kleeburg's 16,000 square feet. The Chairman said that this is the third trip in here; Mr, Esserian started out with offering $1,000. His personal feeling is to sell to Mr. Ryan and Mr. Kleeburg. Mr. Greeley said that he was still worried about the diamond- shaped lot adjacent to the tax title lots; that owner might want it just as much as Mr, Ryan. Mr. Gray was instructed to find out who owns the next two or three lots and report back to the Board, Upon motion duly made and seconded, it was voted to adopt Jury List the Jury List 1969 - 1970. Upon motion duly made and seconded, it was voted to sign Auctioneer Auctioneer's License for Robert 0. Rockwell, 3 Graham Road, Lexington. Upon motion duly made and seconded, it was Voted to sign the August Town Warrant for Special Town Meeting, August 18, 1969. Meeting The Chairman read a letter from the American Legion requesting a change in the approved permit for a Country Fair to be held August 29 to September 1, 1969. They request that permission be American granted from September 1 to September 6, 1969. Legion Mr. Gray was instructed to talk with the American Legion and Permit inform them that school will be in session that week and permission could only be granted through September 2, 1969. 438' The Chairman read a letter from Mrs Robb, 96 Winter Street, requesting a connection to the sewer system. Also, a letter from the Board of Health was read, stating that two serious dis- posal problemn exist, and should be corrected as soon as possi- ble at the hose of Mohammed Shimeli, 100 Winter Street, and Winter St. Robert King, Banks Avenue. Both of these homes have raw sewage Sewer running on the surface. of the ground. Request Mr McSweeney said that the sewer is, 100' short of the property at 96 Winter Street. We could do these two, as just beyond, we have to start going in another direction. The Board discussed betterments and the cost for connec- tions It was agreed to write to Mrs Robb and Mr Shimeli and inform them that 1969 construction of sewer bids will be re- ceived by August 1 and, after evaluation, we will be in a better position to see if this situation can be taken care of. Mr Kenney said that there have been repeated questions about Worthen Road and Massachusetts Avenue intersection, Mr Gray said that the Traffic Committee has been looking Worthen Rd. into the possibility of having a light for two hours in the I Masa Ave. morning and the evening asd'other times on a blinker light; dur- Intersection ing the day we do not need a light. Traffic counts show this. The State has a uniform code adopted through the county and the traffic at that intersection does not warrant it full time. This is the only thing we can get up there. Mr. McSweeney said that the State will not give us a War- . rant for that light; we have seen this working on principle in other areas and this is the only solution. The Chairman informed the Board that replies have been received regarding the nominations for the Lexington Commission LCSR on Suburban Responsibility. Upon motion duly made and seconded, it was voted to ap- point the following as members of the Lexington Commission on Suburban Responsibility Frank Armstrong Senior Citizens Arthur T Bernier 7MMA Jean Christensen LWV Elizabeth H Clarke School Committee Charles H Cole 1)914 Frederick J. Conroy Chamber of Commerce Robert Carey LAISCH Donald M Graham Planning Board Gerald L. McLeod 128 Industry-ITEK Frank Michelman LCRC Natalie Riff in MAPC Joseph Rooney Housing Authority Camille Skov. PTA Rev. John M Wells Council of Churches S Q5 Upon motion duly made and seconded, it was voted to thank Roland B. Greeley for representing the Board of Selectmen and re- appoint him a member of the Lexington Commission on Suburban Responsibility. The Chairman read a letter from the Lexington Citizens for Participation Politics, requesting that a representative of their group be appointed to the Lexington Commission on Suburban Respons- ibility LCSR Upon motion duly made and seconded, it was voted to deny the request that a member of the Lexington Citizens for Participation Politics be appointed to the Lexington Commission on Suburban Responsibility, on the basis that they can attend the meetings and continue to serve in the manner .in which they have been serving. The Chairman said that Town Meeting voted to refer back to the Board of Selectmen and the Planning Board the Article on having the Planning Board approve any major projects over and above Planning $10,000. I think we should assign somebody to look into it Board It was agreed to write to the Planning Board that a meeting should be held with Mr. Zaleski, Mr Gray, Mr McSweeney and Mr Burke to look into this matter in order to have a report for Town Meeting. ' The Board discussed the new instructional pool and it was 111 agreed to have a testimonial to Mr Garrity at the pool as soon as Instructional construction is completed; possibly, on the date of the Recreation Pool Department annual swim meet Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made ppblic, might adversely affect Session the public security, the financial interests of the Town, or the reputation of a person. After discussion involving matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 23 P.M. A true record, Attest &e_,e4r_..,, )2? d Executive Clerk, Selectmen 3M4 SELECTMEN'S MEETING August 11, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 11 , 1969 at 7 30 P.M Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr Legro, Town Counsel, Mr. Burke, Superintendent of Public Works; Mr McSweeney, Town Engi- neer, and Mrs McCurdy, Executive Clerk, were also present. Mr Legro informed the Board that be needed information for motions for Town Meeting. The Chairman said that the information on the school must come from the Permanent Building Committee and the Appropriation Committee will vote this evening on the funds Public Mr Burke informed the Board that, because of a strike in Works the asphalt industry, the earliest date to start the seal coating program would be in two weeks, maybe longer. Mr Burke said that he had received a letter from BrighaWs Refuse and had given them permission to install a refuse container, to Container be maintained by Brigham's; this would be there during business hours only and would be removed at night. Mr McSweeney read a letter from William Mirley, Outside Plant Manager-Engineering, of the New England Telephone Company, regarding the plan previously submitted to the Board on under- ground conduit on Marrett Road and Spring Street. The letter Spring St. states that a meeting was held with Mr McSweeney, Mr. Gray, Underground Mr. Kent, Engineering Associate for the Telephone Company and Conduit Mr Mirley, to discuss the underground conduit route. Presently, there are three overhead cables on the poles, working at 94% of their capacity. Two plans were proposed Plan A proposed an underground conduit system which involves building approximately 1900' of underground conduit on Spring Street from Marrett Road to the Waltham line, lateral connections will be built from the new conduit system to the various aide streets to provide the underground carrying plant needed for the gradual removal of the existing aerial plant, at a total cost of $138,847 Plan B proposes to construct 5500' of underground conduit on Waltham Street from Marrett Road to Hayden Street; 5500' of under- ground conduit on Hayden Street and 2400' of underground conduit on Spring Street from Shade Street to the Waltham line. It will still be necessary to build the 1900' of conduit on Marrett Road from Waltham Street because the State DPW intends to repave Marrett Road in the near future Total cost of Plan B is approxi- mately $247,350. 385 Mr Mirley states that it is their opinion that due to the excessive cost of Plan B over Plan A, which amounts to $108,503, the construction of underground conduit on Hayden Street instead of Spring Street cannot be justified. Mr Bailey asked if the Telephone Company is going to re- view the plans with the Edison Company? Mr. McSweeney said that, as far as he knew, the Edison Com- pany has no plans to go underground. The Board agreed that before a decision is made, the residents would be informed. Mr McSweeney informed the Board that the Boston Edison Com- pany had submitted a revised plan of the pole location at 209 Follen Road. Mr. Harold Stevens, abutter, had approved the new Pole location and Mr McSweeney requested the Board to approve the new Location location. Upon motion duly made and seconded, it was voted to approve the new pole location at the intersection of Pollen Road and Locust Avenue, according to the plan dated June 10, 1969. Mr. McSweeney requested the Board to approve the amendment of the Traffic Rules and Regulations regarding Rill Street, as recom- mended by the Traffic Safety Committee. Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Regulations as follows. Location Side Prom To Restriction Hill St Hill Street West Diana Lane 750' Northerly No Parking Mr McSweeney said that the Traffic Safety Committee has re- viewed the relocation of Route 2A, as proposed by the State Department of Public Works. When he and Mr Gray attended the meeting with Commissioner Ribbs, he had asked for a copy of the Route 2A plan and would come back at a later date. They were told that a hearing would be held late in the summer but, as yet, they have not been notified; perhaps, it will be held in the fall. A plan of the area was discussed by the Board and Mr McSweeney explained that there is no access road at the Lexington line and Route 128; with this plan, all Town vehicles would have to go to Lincoln. There would be a problem at Honeywell Company and a certain amount of extra traffic could result. With the in- vestment of the town in the Industrial Park, they would like to get together with Cabot, Cabot and Forbes and Honeywell to resolve the access problem. Mr. McSweeney asked permission of the Board to meet with the people involved to see if it would be possible to have an access road in Lexington, not Lincoln Mr Kenney asked if this had been reviewed with the Planning Board Mr McSweeney replied in the negative. The Chairman said that the next meeting of the Planning Board Rte 2 will be held on Septembel 8; in the meantime, set up an appoint- Access Rd. ment with the DPW and inform them of the position of the Town regarding an access road is Lexington. The Chairman said that he had received a call from Commis- sioner Ribbs regarding the access road from Hartwell Avenue; a meeting has been scheduled for September 3, and they will come back to us with their position The sale of tax title lots 97, 98, 99 and 100 Grandview Terrace was discussed The Chairman asked the feeling of the Board regarding the sale. Mr Kenney said that Mr Kleeberg bid $1800 for lots 97, 98, and 99 to combine with his property; Mr Ryan bid $900 for lot 100 to combine with his property; Mr. Bsserian bid $4550 for the four lots Mr Greeley said that he would be inclined to give the lots to the two people, Mr Kleeberg and Mr Ryan, whole lots adjoined the tax title lots Mr Greeley made a motion and Mr Kenney seconded it to sell tax title lots 97, 98, and 99 Grandview Terrace to Mr. Kleeberg and lot 100 Grandview Terrace to Mr Ryan. Mr John Caserian was present at the meeting and said that, ' Grandview Ave obviously, he had been negotiating for six months; he had a 6 Tax direct bid on February 17 and the bid was accepted in good faith, Title as a negotiable item; in addition, my offer was raised on the first basis, when it was not a public bid When the Selectmen felt it should be a public bid, the high bid was not accepted and he would like the reasons why. The Chairman said that we always, regardless of conditions, put tat title land out to bid and the bid states that we re- serve the right to reject any ,or all bids. We have discussed this and this Board feels that we will sell to the two neighbors to improve their properties, rather than combine the lots for a real real estate transaction. We feel that these people will continue to be residents of the Town and you would improve them strictly as a real estate transaction Hr Esserian said that he was a resident of Lexington and he has improved that neighborhood and he does intend to build a home on that lot. Mr. Bailey asked tf Mr Esserian has had any conversations with Mr Ryan and Mr Kleeberg? Mr Esserian said, no; he had just gone by the format; the offer was never denied, it was accepted as a document on February 14 The Chairman said that we never asked you for a bid; we ac- knowledged that we received one from you. We consider every request; many times when going out to bid, the initiator doesn't end up with the bid 387 Mr Esserian said that it could have been told to me six 111 months ago; based on your reasoning, I didn't have a chance to bid. Mr. Greeley said that he thought if Mr. Esserian had asked six months ago, we would say in many cases we favor the person who would get a lot added to his already developed property, to develop it further If you asked me, I would have said we want to see what the figures look like. Mr. Esserian said that public bidding was not necessary. then. In the letter, it was $1,000. If the only bid accepted was the public offer - my bid was higher Mr Kenney said that at the time of going out to public bidding, we didn't know the two neighbors were interested; we took advantage of the long-term interest to the Town. Mr Bailey asked, what is your distinction? Mr Esserian said that he does intend to clear that land out, including the possible existence of Grandview Avenue; my first offer was made; if the Planning Board had thoughts, they concurred. I went through every phase that was asked of me. Mr Kenney said that they concurred with the other two people, also. Mr Esserian said that, with great respect, he did object to his bid not being< accepted; there were many delays and he was pretty patient His high bid is denied. He felt that his bid was rejected on the basis that he was not qualified to bid. III The Chairman and Mr. Greeley said that he was considered qualified; that the decision was based on other reasons. The Chairman said that Mr Ryan and Mr Kleeberg have been patient. Mr Kleeberg initiated this It was put out to public bidding and we took into consideration your bid had the advantage of three times around Mr Esserian said that we only have one premise, I am high. I am not a developer, as such; this is a one-shot transaction. Mr Kenney asked, aren't you going to have three lots? Mr Esserian said that he has a one-shot development. I am going to build a house for Myself and sell the rest. The Chairman said that the Board understands his position Upon motion duly made and seconded, it was voted to sell tax title Iota 97, 98 and 99 Grandview Terrace to Gunther K E Kleeberg; to sell tax title lot 100 Grandview Terrace to John E Ryan Mr Cataldo, Mr Kenney and Mr Greeley were recorded in favor. Mr Mabee was recorded as present. Mr Bailey was recorded in opposition. Mr Bailey said that he would have felt better if the indivi- duals got together Mr Esserian asked :if the three parties could get together on this? Mr Greeley asked if he was asking to rescind the vote and 111 asking the Planning Board to negotiate with the sub-division of four lots to satisfy the needs of all? It is my guess that it would be fruitless. Mr Esserian said that it would be fruitless if he doesn't get the three lots. The Chairman said that there would be no further comments. The case is closed after two years. Mr Warren Roberts met with the Board. Re asked the Board to appoint him a member of the Lexington Commission on Suburban Responsibility, as a representative of the forgotten man; he said that as soon as he is brought from obscurity, he is what we all want to be. One of the problems with the Committee is they will be discussing matters political and economical in their nature; it is the tendency of man to see only the effects of a given policy to a given group and not the *ong-range effect; of over-looking the effects not for one group but for all. He asked the Board to consider appointing him but, if the Board had some- one else in mind to represent the forgotten man, one who is more readily prepared in diggingin, he would step aside. The Chairman said that we have tried to come up with a cross- section of the Town on appointments to the Commission. First, we appointed two people, - Town Meeting Members, - and felt they were elected members and representatives of the people and could talk for the man in the street; they would cover the area you are talk- ing about. The Chairman asked Mr Greeley for comments. Mr Greeley said that we have tried to represent the Townwide agencies with interest in problems, rather than citizenry. Each LCSR member was selected because he has a group with Townwide interest, not a representative as such, We have been asked to appoint politically :and our attitude is, we shouldn't. The meetings have all been open and Mr. Roberts has been there. The Commission is a coordinating group not an action group; I don't think that the Commission should represent the citizenry, rather than the agency. I can agree readily with the analysis of Mr Roberts on some of the economics but I don't concede that he is the forgotten man and could take the long-range view of 11944, etc. I think that the objectives he describes, including the objectives of the Com- mission, are all served by members of the Commission. Mr Roberts said that, at the meeting, I was under a handi- cap; I tried to bring up the things not immediately seen and the consequences of such actions and there was distinct hostility to such ideas. There was a- prevailing political attitude. You say that I am trying to represent myself; this is not the case. If you realty insist that I represent an organized group who are concerned with this, this means I must find a firm pressure group. Any Committees, you might say, are special interest groups; these represent the bureaucracy of the Town, which is a special in- terest. The other members of the Committee would not have as much as I to represent. Mr Kenney said that we tried to make a wide selection. I don't think what you say is particularly true; the average man in the street, the man who pays taxes, is well represented. We didn't want to get too many people on this Commission; it would become too unwieldy. Mr Roberts said that every member of the Committee is what could be called a political liberal; no one is a libertarian, no individual freedom and responsibility Mr Greeley said that he is raising a fundamental philosophical question on whether this group in some way could have adequate repre- sentation of individuals in the group; he feels he can represent the citizenry-at-large and the members of the Commission cannot represent the individual-at-large. I challenge him to prove the fact that he, as an individual not associated with others, could; rather than TMMA to represent others. Mr Roberts said that you mention that I don't represent an or- ganized group; the forgotten man is not inclined to special organi- zations and to plead for his special case; that is why he does not get the special attention. Mr Greeley said that his argument is defeating - that it does not Allow a member of the establishment to represent him. The Chairman informed Mr Roberts that the Board would take his request under advisement and let him know the decision of the Board Later on in the meeting the matter was discussed, and the Board agreed to deny Mr. Warren Roberts' request to be appointed a member 111 of the Lexington Commission on Suburban Responsibility. Upon motion duly made and seconded, it was voted not to enlarge the Commission at this time Mr. Arthur Burrell met with the Board. Mr Kenney said that Mr Burrell asks that the Board consider an application to the federal government for funds for an emergency center in the basement of Cary Hall. It is the unanimous recommend- ation of the Building Committee that we file an application for a rebate of funds for plans and specifications for this center. We could get 2,000 aq ft. in the basement and it would not be too dif- ficult to do, construction-wise. We could apply for 50 percent aid. Mr Mabee asked if we would qualify under the new budget of the Emergency last Town Meeting. Operating Mr Burrell said that we would get approval based on the last Center Town Meeting The Architect said that this type of thing is thought of in terms of a disaster. Mr Greeley said that it is not to be used in case of an acci- dent; it is meant only for disaster. Mr. Burrell said that it would be designed for a heavy emergency Mr Mabee asked how much the Architect said that the extras would cost? Mr Kenney said that, to file the application, he has to make line drawings and cost estimates; the fee would be from $200 to $800. $40,000 is a rough figure for the basement; to apply for reimbursement of 50 percent on the basement. �_. It)() Mr Mabee asked if it would cost $40,000 to make that a slab, instead of a basement? Mr Keney said that there were a few changes to be made; he could say $30,000, which is really a rough guess. Mr Greeley asked if they were now asking for authorization to apply? Mr Kenney said that Mr. Burrell thought we could get author- ization within the next few weeks - we don't want to drag it out; if we don't explore, we might be making a mistake. The Chairman said that your basic design would be continued as ia. Mr Burrellsaid that there is no commitment on this, this has four steps; we have done this with the exception of the line drawings Once we get further along with this, you are not obli- gated to build Upon motionduly made and seconded, it was voted to authorize the Town Office Building Committee to spend up to $800 for line drawings and cost estimates for an Emergency Operating Center, to be filed with the project application to the Civil Defense Organi- zation. Mr Burrell retired from the meeting. Mr Legro requested the Board to sign the contract awarded to Brentwood Construction Corporation on July 28, 1969 for the con- struction of the trunk sewer from Cedar Street to Rill Street and Brentwood various laterals. There is a question about the insurance certi- Sewer ficates but the Board could sign the contract. Contract Upon motion duly made and seconded, it was voted to sign the contract awarded to the Brentwood Construction Company for sani- tary sewers, in the amount of $79,495.62, pending receipt of the corrected insurance certificates. Mr McSweeney said that bids were taken on July 28, 1969 for streets and drains, on Manlev Court, Bridge Street, drains on Merriam Street and Merriam Street parking lot and Glen Road. Be recommended that the contract be awarded to R & J Salvucci Corpor- ation, 4 Valley Road, Waltham, in the amount of $103,595; funds Salvucci are available, in the amount of $105,861, under the Articles cover- Streets and ing drain construction, Manley Court and Bridge Street. Drains Upon motion duly made and seconded, it was voted to award the Contract contract for streets and drains to R & J Salvucci, in the amount of $103,595. Mr McSweeney said that he has had a request for two private Lichtenstein drains. One is from Mark Lichtenstein, 9 Augustus Road; a plan Drain has been prepared by Nylander; this is a private way and it is perfectly flat and of minimum grade; in the springtime and early fall, water accumulates; he can't possibly regrade this house. The Chairman asked if he is going to dig up the street? e39_1 Mr McSweeney said that it is the only way to solve the prob- lem. He had received a letter the other day which stated that all work has been completed. I don't see any other way than to allow him to connect into the drain. The Board agreed to take this request under advisement. Mr McSweeney said that the other request is from Dr Bennett of Baskin Road; he has a similar problem and requests permission to tie into the drains. Mr. McSweeney recommended that he be allowed to tie into the drain; the waste system from the pool wouldn't be Bennett entering this drain. Drain Upon motion duly made and seconded, it was voted to grant per- mission to Dr. Bennett, 10 Baskin Road, to tie into the drain, subject to the specifications of the Town Engineer. Mr. McSweeney said that Mrs McDonald, 96 Winter Street, has requested again that he speed up the connection to the sewer. This would be about $1500 for construction and the betterments would be Winter St $298.75; this would finish up the section We will be doing the Sewer engineering on the Brentwood construction and we could do it. Connection Upon motion duly made and seconded, it was voted to authorize the Town Engineer to include the connection to the sewer on the property at 96 Winter Street The Chairman read a letter from the ABC regarding the liquor regulations for Labor Day, September 1, 1969. ABC Labor Upon motion duly made and seconded, it was voted to inform Day the Package Goods Stores to remain closed on September 1, 1969; motels and clubs may sell liquor during the usual hours. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification Card for Sharon A. I D Card Frank, 236 Lowell Street. Upon motion duly made and seconded, it was voted to certify the character of the following, who have applied for a Certificate of Incorporation. Edward Wagner 30 Prospect Hill Road "Losong Scholarship Foundation, Inc." Cert of Donald W Meals 15 Thoreau Road Incorpos- "National School Development Council, Inc" ation Robert B. Reynolds 21 Muzzey Street Michael P Vidette, Jr 55 Waltham Street Frederick J Conroy 5 John Poulter Road John A.0 King 67 Shade Street Michael P Vidette, Sr 12 Taft Avenue Anthony L Mancini 115 Reed Street George E Rowe, Jr 25 Bedford Street "Kiwanis Club of Lexington-Bedford, Massachusetts, Inc." Upon motion duly made and seconded, it was voted to sign the Mass Ave agreement between the Commonwealth of Massachusetts and Lexington Maintenance for Chapter 90 maintenance for 2100 feet of Massachusetts Avenue; start at Route 128 and coming toward Worthen Road. Worthen Rd Upon motion duly made and seconded, it was voted to sign the Relocation petition to the County Commissioners for the relocation of Worthen Road. The Chairman said that a request has been received from the Florence Crittenton League for the use of Cary Hall on August 15, Cary Mall 1969 and asks the Board to waive the usual fee of $35 After discussion, it. was agreed to deny the request. Upon motion duly made and seconded, it was voted to deny the request of the Florence Crittenton League to waive the fee of $35 for the use of Cary Hall, Upon motion duly made and seconded, it was voted to approve Minute. the minutes of the Selectman's Meeting held on July 28, 1969. The Chairman informed the Board that a notice has been re- Meeting ceived of the Annual Selectmen's Meeting, to be held on October 3-5 at West Harwich. The Chairman read a notice from the County Commissioners of ' Public Roads Public Roads, informing us of a meeting to be held on September 17. Meeting Mr McSweeney said that the Town will be represented at the meeting. Upon motion duly made and seconded, it was voted to sign the Abatement abatement for a sewer connection bill issued to Walter K. Ryall, 54 Simonds Road; wrong footage The Chairman requested the Board to appoint Eleanor H Chisholm as Senior Clerk in the Selectmen's Office, S-9-11, at an annual Appointment salary of $6660, effective August 11, 1969. Upon motion duly made and seconded, it was voted to appoint Eleanor H. Chisholm as Senior Clerk in the Selectmen's Office, 849-E, at an annual salary of $6660, effective August 11, 1969. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputa- tion of a person. After discussion of matters of financial interest to the Town, it was voted to reseuse the open meeting. IIIMr Legro requested the Board to sign the Order of Taking of the Douglass property Upon motion duly made and seconded, it was voted to sign the Douglass taking Order e to Lng of the Y Douglass property. Order of g P P Upon motion duly made and seconded, it was voted to adjourn at 9 05 P.M. A true record, Attest Executive Clerk, Selectmen / ,� gt1j SELECTMEN'S MEETING August 18, 1969 A meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 18, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel and Mrs McCurdy, Executive Clerk, were also present Mr Legro requested the Board to sign the contracts awarded to R & J Salvucci Corporation, Waltham, for streets and drains, in the Salvucci amount of $103,595. Contract Upon motion duly made and seconded, it was voted to sign the contracts awarded to R & J Salvucci Corporation for streets and drains, in the amount of $103,595 The Chairman read a letter from the Building Inspector, re- questing the Board to appoint Thomas Kelley, Assistant Building 1 Substitute Inspector, as substitute Plumbing Inspector during the vacation Plumbing period of John B Byrne, Plumbing Inspector, on August 25 through Inspector August 29, 1969 Upon motion duly made and seconded, it was voted to appoint Thomas Kelley as substitute Plumbing Inspector for the week of August 25 through August 29, 1969 Mr Legro requested the Board to sign t$e Order of Taking Hillcrest of slope easements on Hillcrest Avenue. Slope Upon motion duly made and seconded, it was voted to sign Basements the Order of Taking for slope easements on Hillcrest Avenue. Upon motion duly made and seconded, it was voted to adjourn at 7 40 P.M A true record, Attest Executive Clerk, Selects 401 SELECTMEN'S MEETING September 8, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, Sep- tember 8, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney Greeley and Bailey were present. Mr Legro, Town Coun- sel ; Mr Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. At the request of the'Town Clerk, three jurors were drawn as follows Cecil K Harris 26 Monroe Road Stamey A Bozzi 42 Baker Avenue William Myerow 3 Suzanne Road Jurors Hearing was declared open upon petition of the BostoeOldison Company and the New England Telephone Company to locate three poles on Reed Street, Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer. Mr. Dunn, representing the New England Telephone Company, was Pole present and explained that these three poles were to be re-located Location because of Town street work and were to be moved out to the street line in order to do the sidewalk Mr Coscia has approved the re- location of the three poles No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company and the New England Tele- phone Company for the following location Reed Street, southwesterly side, northwesterly from a point approximately 26' northwest of Kimball Road,--- Three (3) poles (three existing JO poles to be removed) The Chairman said that a joint petition from the Boston Edison Company and New England Telephone Company has been received, re- questing permission to locate four poles, guy wire and anchor on Pole first and third poles. Location Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company and the New England Telephone Company for the following location Lawn Avenue, westerly from a point approximately 127' west of Webster Road, -- Four (4) poles. Guy wire and anchor on first and third poles 4[02 The Chairman said that a joint petition from the Boston Edison Company and New England Telephone Company has been received, re- questing permission to locate one pole on Worthen Road. Mr Dunn explained that this petition is for the re-location of pole #6 which is in the middle of a driveway on the property owned by Mr Deflice. In the same area, there is anotherP ole, pole #9, located in the middle of the drive of the Douglass Funeral Nome and, as a formal request has not been filed, he asked for a vote of confidence from the Board in order to remove the pole from the middle of the Douglass' driveway Mr Coscia has requested that work on both poles be done at the same time. Deflice Upon motion duly made and seconded, it was voted to grant Pole permission to the Boston Edison Company and the New England Tele- phone Company for the following location of pole #6 Worthen Road, northwesterly, approximately 550' south- west of Bedford Street, -- One (1) pole. One existing JO pole to be removed Upon motion duly made and seconded, it was voted to grant per- Douglass mission to the Boston Edison Company and the New England Telephone Property Company to re-locate pole #9 on Worthen Road, subject to a plan being submitted to the Town and the location approved by the Town Engineer Mr Dunn informed the Board that the Public Works Department has requested that pole #141 , over 2, on Manley Court be moved back two feet The .paper work has not been completed by the Manley Ct Boston Edison Company but he requested approval of the Board for Pole the re-location Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company and the New England Telephone Company to re+locate pole #141, over 2, on Manley Court, subject to a plan being submitted to the Town and the location approved by the Town Engineer The Chairman informed the Board that a lettee has been re- eeived from the New England Telephone Company on the underground conduit on Spring Street The Telephone Company Engineer had been Underground informed by the Town that their petition had been approved on Conduit - August 25, 1969, subject to the preparation of realistic costs of Spring Street the complete loop and the estimate of time to put the heavier cable underground. A reply has been received from the Telephone Company Engineer with the information requested and cost figures indicating various costs for the two plans "A" and "B" presented by them. The letter also stated that two of the three existing aerial cables will be engineered for the removal in conjunction with the placement of the underground cable in the new conduit system. Work has been scheduled for 1970 and removal should take place late in 1970 or early in 1971. I The Chairman said that upon receipt of this letter, we have issued the permit A copy of the Telephone Company Engineer's letter will be sent to the residents of Spring Street Mr Legro informed the Board that bids had been taken on August 25 for lateral sewers and he requested that the contract be awarded to the lowest bidder, Great Northern Constructors, Inc in the amount of $132,340 Upon motion duly made and seconded, it was voted to award the Lateral contract for lateral sewers to Great Northern Constructors, Inc. Sewer in the amount of $132,340. Mr Legro requested the Board to sign the contract with Great Northern Constructors, Inc. for lateral sewers. Mr Gray requested the Board to sign the contract with Blue Cross-Blue Shield for Town employees and retired employees of the Insurance Town. Contract Upon motion duly made and seconded, it was voted to sign the contract with Blue Cross-Blue Shield. for Town employees end re- tired employees of the ToWn. Mr, Gray informed the board that a petition has been received from the residents of Bedford Street against the construction of Friendly's Ice Cream Shop on the grounds of the First National Stores He recommended that the petition be referred to the Plan- Friendly ning Board as this land is zoned for this type of business. Ice Cream The Chairman said that the petition has been received by the Board of Selectmen and referring it to the Planning Board would not stop the construction of the building. He had told one of the signers of the petition to talk to the First National; once the land is zoned, the Selectmen have no jurisdiction over it. It was agreed to refer the petition to the Planning Board to make sure that the zoning by-laws are adhered to. Mr Gray said that funds were included in the budget for work on the stage at Cary Hall and Charles Cole has offered to serve as an unpaid consultant to the Superintendent of Public Works. Cary Mem. Upon motion duly made and seconded, it was voted to appoint Stage Charles H. Cole as an unpaid consultant to the Superintendent of Public Works on the work to be done on the stage of Cary Memorial Hall. Mr Gray informed the Board that a public hearing on Chapter 90 roads is to be held on September 17 at the Courthouse. He re- Chapter 90 quested that a street be designated to be used as a Chapter 90 street for the coming year We submitted a list at Town Meeting and recommend East Street and the balance of the funds to be used on Worthen Road as $60,000 might not be sufficient money. I 404 The Chairmen strongly recommended East Street for Chapter 90 East St. funds; from Lowell Street to Grant Street, to take the bend out Worthen Rd at Maureen Road He recommended Worthen Road as the secondary road. Mr Kenney said that there is a very bad corner there; there may be objections from the abutters. The Chairman said that we made the takings in the early 1940's The residents have been trying to get us to take the position that this is a dangerous street and have been complaining about the buses and how dangerous it is for children. Mr Kenney asked if it would be a 30' road? Mr Gray replied, probably. The Chairman said that he felt the Board should take a position. Mr Kenney said that the street is equally as dangerous as Adams Street; it is unfortunate that the houses are so close to the street. Mr Greeley felt that the Board should take the initiative that the pavement should not exceed 30 feet, rather than leaving it open- ended with the County The Chairman said, either 30' or 44' ; at 44' you take the houses Upon motion duly made and seconded, it was voted to designate East Street and Worthen Road for Chapter 90 funds. Mr Arthur Burrell, Director of Civil Defense, met with the Board. 111 The Chairman informed the Board that we have received an award from the Commonwealth of Massachusetts, signed by the Direc111 - tor of Civil Defense, to be presented to Mr. Burrell for out- standing work done on the Massachusetts program. This citation is given in recognition of the dedication and the hours put in and it is most fitting that Mr Burrell receive the award. Mr Burrell thanked the Chairman and accepted the award. Civil Defense Mr. Burrell said that he has mailed a copy of the Lexington Disaster Con- Disaster Control Plan to the Board and would like comments and ap- trol Plan promal of the plan If approved, it will become Chapter 4, Section G, of the Lexington Civil Defense Operation Plan If the Board does agree with this concept, we could set up a committee to be called the Disaster Planning Committee and consist of the Building Inspector, Executive Health Officer, Assistant Superin- tendent of Public Works, Police Lieutenant or Sergeant designated by the Chief of Police, Fire Captain or Lieutenant designated by the Chief of the Fire Department, the Director of Civil Defense who will serve as Chairman We could see if we could make some detailed agreements as to what we would do under certain condi- tions and get approval of them. The Chairman said that he was talking two different things. Mr Burrell said that there are three separate things, inter- related He had a request from the Air Base to hold a simulated aircraft exercise, off the Base but within the Town; this could be held in November at a time and location designated by the Town; it would envision the crash of a large multi-engine military aircraft 411.1 loaded with hazardous cargo and would provide an opportunity for the training of Town personnel in the handling of such an accident and, also, training in joint-coordinated disaster activity with Air Base personnel. We are required to hold four exercises but they have not been held in many years. At the last inspection, they got some static from the inspectors as this is primarily an Air Base exercise but, in a crash, we would expect the Town ser- vices to respond first; an interrelation of departments working together This is the type of disaster which causes confusion when it happens. The Chairman asked if the Board approved the plan, would there be anything that would end up as a budget request? Mr Burrell replied in the negative. Mr Gray said that this sets down, in one form, the types of things which could occur and it is difficult to forecast what would happen Mr Kenney wondered how the Town Manager would fit in? Mr Burrell said that, right now, the Board of Selectmen has the authority but when we get a Town Manager, the Manager moves into the position of the Board of Selectmen Mr Mabee didn't see any conflict either way he felt it was very straightforward Mr Bailey said that the key is, to place gquarely in the hands of Civil Defense the responsibility for planning and coordinating, thus providing a focal point for activity of this area. I don't think that there is any intent for Civil Defense to preempt any of the normal operating functions of other Town agencies. Mr Burrell said that this is not any different than exists now; actually, in the State by-law, all I have done is take out war for the by-law of the Town. Mr. Bailey said that picking an aircraft disaster was an exam- ple of a case where other Town departments would respond to the emergency independently of Civil Defense; however, it certainly makes sense for Civil Defense to coordinate the planning and train- ing for such an emergency; it is important and ties into this rationale The Chairman asked the Board's feeling, on acceptance? Mr Bailey asked how long the limitations were set up for in Chapter 639, Acts of 1950? Mr Burrell replied that they run indefinitely; the Town by- law is limited to the length of the State statute and there is no limitation on the State statute The Chairman said that this becomes Chapter 4, Section G He asked Mr Burrell's feeling regarding this? Mr Burrell replied that we do get a correlation during a major disaster. Mr Bailey asked if the other involved departments had reviewed this in the present form? Mr Gray replied no 406 Upon motion duly made and seconded, it was voted' to accept the Lexington Disaster Control Plan, as submitted by Mr Burrell, to become Chapter 4, Section C, of the Lexington Civil Defense Operation Plan. Mr Burrell requested that the Board set up the Disaster Planning Committee. Mr Bailey asked if we can limit the level of the officer Disaster of the police and fire departments, to keep an equivalent level? Planning Mr Burrell said that he should be a detail officer of the Committee police and fire departments Upon motion duly made and seconded, it was voted to appoint a Disaster Planning Committee, consisting of the Building Inspec- tor, the Executive Health Officer, Assistant Superintendent of Public Works, detail officer of the Police and Fire Departments, designated by the Chief of Police and Chief of the Fire Depart- ment, and the Director of Civil Defense, as Chairman of the Committee The Chairman said that we will set up a meeting of the Committee Mr Burrell said that a request has been received from the Air Force for confirmation to hold a simulated aircraft accident exercise off the base but within the Town This exercise would be held in November, at a time and location designated by the Town A preliminary meeting with Town department heads was held on August 27, with a briefing by the Base Emergency Planning Offi- cer The value of such an exercise was recognized and all Town department heads have expressed approval The Chairman said that there was no objection to granting permission at this point but we should have the location nailed down. Mr Greeley said that the specific time and location should be designated in advance. Mr. Burrell said that they didn't get that far; they would have the date but not the hour; the public obviously has to know about it but if you specify the exact time, you lose the value of it. Mr. Greeley felt that the general time and place should be well known in advance; they must know about it. Mr Burrell said that we agreed with the Base Officer that we would specify the date; this has to be cleared by their higher authority. Mr Kenney asked about the location. Mr Burrell said that it has to be away from buildings; there is the possibility of Willards Woods as it would be away from the activity of the Town The Chairman said that he wouldn't want to see the place torn apart. Mr Burrell said that we might get some heavy truck equipment and fire apparatus and it might represent certain hazards tot' The Chairman asked how many Acne? Mr. Burrell didn't know. The Chairman asked if the Board approved the exercise or the principle? Mr Bailey asked if it would be directed to the Selectmen? Mr Burrell replied, to the Civil Defense. Mr Greeley said that we should work with it but would like to know about how we are going, it can affect the safety of child- ren and can cause accidents. Mr Burrell said that if the Board gives general approval, we will come back with the specific time and place. The Chairman said that we would like that type of information when you come back to the Board. Mr. Burrell said that we may agree that we can't handle it. The Chairman said that the Board agrees in principle He asked Mr Burrell if he had the communications ready? The Board is looking for an inventory of the Civil Defense Department in order to be ready for Town Meeting The first step is what do we have in the department and how we are going to use it. Mr Burrell said that he didn't have an inventory; we have had some discussion on communications. He asked if the Board wanted the whole thing or major items? The Chairman replied, items that could be used in case of emergency Mr Burrell said that we don't stock that much of it. The Chairman said that the Board wanted an inventory, all of the ;items, whether out or in Mr. Burrell retired from the meeting. Mr McSweeney informed the Board that bids were opened on August 25 for the construction of streets, drains and sidewalks, and the low bidder was A.R. Belli, Inc., 271 Nevada Street, Newtonville; the alternate bid was for $234,562 50 and the total Streets, bid was for $267,812 50. With the two streets, Manley Court and Drain & Bridge Street, these monies were already asbigned to the contract Sidewalk to Salvueci and we have a balance of $252,000 which is a bit lower Contract than the bid for the total job, but after we pay the bill, we have Award $242,000 to award the contract Mr Kenney asked if the $234,000 included engineering? Mr McSweeney said that the Town will have to take over on the inspection. After review, the recommendation is to award the contract to A.R. Belli, Inc , in the amount of $234,647.50. Mr McSweeney asked the Board to request Town Counsel to prepare necessary papers for slope easements for Lowell Street; this is a request of the Department of Public Works for Chapter 90 Slope Upon motion duly made and seconded, it was voted to request Easements Town Counsel to prepare the necessary papers for takings for Lowell St slope easements on Lowell Street 40S Mr McSweeney read a letter of resignation from Frederick J Assistant Town McGarry, Assistant Town Engineer, effective September 12, 1969 Engineer Upon motion duly made and seconded, it was voted to accept the resignation of Frederick J McGarry, Assistant Town Engineer, effective September 12, 1969 The Chairman read a letter from the Town Engineer, re- questing the release of the remaining portion, $1,000, of the Circle Bond for Buaa Realty Trust on Circle Road Road Upon motion duly made and seconded, it was voted to re- lease the bond of $1,000 for the Buss Realty Trust for Circle Road and to return the deposit The Chairman informed the Board that two petitions have been received from the residents of Manley Court for the elimina- tion of sidewalk construction on Manley Court Mr McSweeney ,said that he had mat with Mrs Little regard- ing a tree that she did not want taken out; he had told her that we have finished the actual cutting of the slope up to the tree, which is on the right of way, and would replace it with a shade tree The Chairman said that we are talking about the sidewalk. Mr McSweeney said that the sidewalk would cost $3,000 but, in the future, would cost $10,000 or $12,000; now is the time to put in the sidewalk The Chairman asked how many walls? Manley Court Mr McSweeney replied that there were two walls. Sidewalk Mr Bailey asked about the width of the pavement Mr, McSweeney replied that it is 24 feet; the tree is too close to the house Mr David Savage, 9 Manley Court, said that they don't need a sideiralk now or in the future as this area is built up and there would be no more houses involved; there are only five houses on the whole street and the two end ones are on Woburn Street Mr McSweeney said that the cost would be somewhere around $3300, including the portion of the walls The Chairman asked if they had finished cutting the street in? Mr McSweeney replied, yes. The Chairman said that the Board would take the matter under advisement; the design will be in the best interests of everybody and the residents will be advised of the decision of the Board Later on in the meeting, the Board agreed to eliminate the sidewalk on Manley Court from the construction contract The Chairman read a letter of resignation from Ruth G. Bevan, Historic as a member of the Historic Districts Commission, Districts Upon motion duly made and seconded, it was voted to accept, Reis{gnation with regret, the resignation of Ruth G Bevan as a member of the Historic Districts Commission. 40f 9 The Chairman informed the Board that a request for a transfer of $1500 from the Reserve Fund has been received from the Town Clerk this amount will be used for converting the census to data Transfer processing service bureau as the earlier estimates by the School Department were much too low. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer of $1500 from the Re- serve Fund to the Board of Registrars Personal Services Account #2000 The Chairman read a letter from the Arts and Crafts Society for permission to hold the annual Buckman Tavern exhibition on Sunday, October 12, 1969 from 12 N to 6:00 P.M., on the north- westerly area near the barn on the Buckman Tavern grounds; rain Permit date of Sunday, October 19, 1969. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Arts and Crafts Society, Inc. to hold the annual Buckman Tavern exhibition on Sunday, October 12, 1969 from 12 N to 6 00 P.M , on the northwesterly area near the barn on the Buckman Tavern grounds; rain date of October 19, 1969. The Chairman read a letter from the residents of Benjamin Road, requesting permission to hold a picnic and square dance on Saturday, September 13, 1969 from 5 00 P.M to 11 00 P.M. 11/ Upon motion duly made and seconded, it was voted to grant Permit permission to the residents of Benjamin Road to hold a picnic and square dance on Saturday, September 13, 1969 from 5 00 P.M to 11 00 P.M The Chairman read a letter from the Lexington Pop Warner Foot- ball, Inc , requesting permission to conduct a bumper sticker fund raising drive in the Town, beginning September 13, 1969 Sticker Upon motion duly made and seconded, it was voted to inform Drive Lexington Pop Warner Football , Inc , that the Board has no objec- tion to them conducting a bumper sticker fund raising drive in Lexington, beginning September 13, 1969. Upon motion duly made and seconded, it was voted to author- ize the Chairman to sign the Liquor Identification Card for I D Card Judith L Emerson, 22 Thoreau Road Upon motion duly made and seconded, it was voted to sign the Certificate of Incorporation for the following Cert of Incorp Walter and Patricia Lopez 7 White Pine Lane "Dial 99, Inc " Bean A LeMarre 22 Bernard Street "Hudson College, Inc. 410 The Chairman read a letter from the Director of Civil Defense requesting the appointment of Major Howard J Norris, Jr , 9 Great Appointment Rock Road, as Assistant Shelter Officer. Civil Defense Upon motion duly made and seconded, it was voted to appoint Major Howard J Norris, Jr , 9 Great Rock Road, as Assistant Shelter Office:r.for Civil Defense. Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen's Meeting held on August 25, 1969 Mr Kenney discussed the plans for the Town Office Building Town Office and requested approval of the Board for the final design Building Upon motion duly made and seconded, it was voted that ap- proval of the Board is given to go ahead with the final designt•of the plans for the Town Office Building and Police Building Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect Session the public security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session, and resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 9 40 P.M A true record, Attest Executive Clerk, Selectmen I f L_ 415 SELECTMEN'S MEETING September 22, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, Sep- tember 22, 1969, at 7 30 P.M Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel; Mr Gray, Executive Assistant; Mr Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present. Mr. Gray informed the Board that he had received a memorandum from the Planning Board Director regarding the Workable Program. It states that a reply has been received from HUD in answer to the question as to whether our system of code enforcement on complaint basis would be sufficient for the re-certification -of our Workable Program. HUD's reply states that the locality is expected to carry out an effective program of enforcement to achieve compliance with the housing code Mr Zaleski thinks it is likely that, unless a systematic code enforcement program is instituted, we will have Workable difficulties in obtaining re-certification in May, 1970 John E Program Harvey, retired professional engineer for insurance underwriters, is interested on a part-time basis as code enforcement officer Mr Gray asked if the Board wanted him to pursue this; there is no budget and it would have to be included in the budget. Mr Greeley said that we are still in a position where the Planning Board hasn't said what this man would do; does he block out a section at a time or knock on any door? Is there a systematic way to do the job for HUD, for the money we would have to pay? He would like a report from the Planning Board. The Chairman agreed and said to find out what the actual bene- fits would be, as they see it for Lexington. Mr Greeley said that if the Planning Board wants to do it, Mr Harvey is a good man for it Mr Gray said that he would speak to Mr. Zaleski and ask for a report from the Planning Board Mr. Gray said that he had received a memo from the State, earlier in the summer, regarding the possibility of marking funds for the purchase of an ambulance under the General Safety Act. Ambulance Re has discussed this with Mr Fitzgerald, Fire Commissioner, and apparently this is a popular program and towns and cities are ap- plying It was suggested that if Lexington is going to qualify, we should get the bids out and sign a contract subject totapproval and appropriation of funds by next March On that basis, they would set aside funds under the Highway Act 416 Mr Gray asked if the Board would like him to pursue this? The Chairman felt that we should go ahead and put the vehicles out to bid and Mr Gray would come back with the numbers, and could execute a vote in the proper form supplied by Town Counsel. Mr Kenney asked if it could be put out to direct bid even though we don't have the funds? The Chairman replied in the affirmative. He addressed Mr Legro and said that it is the recommendation of the Fire Commissioner to put this out to bid and get the award; if we don't we will lose the commitment of the money. Mr Gray said that even though the stipulation says with the approval of Town Meeting, once we have signed the agree- ment to purchase, they would set the money aside. Mr Legro said that we could look into these premises to see if we do have to have such an agreement to avoid loss of the money It is a bit unusual to ask for bids this much in advance of the Town Meeting; we have done it on schools. Mr Kenney asked if the ambulance would be kept for three years? The Chairman replied, the policy has been three years but I think it should be two years. Mr Gray was instructed to talk with the Fire Commissioner and check out the specifications for the ambulance to be put out to bid. Mr Gray reported to the Board that a meeting had been held at the Town of Lincoln with the Planning Board and Citizens' Committee for Highways, regarding the Route 2A cutoff; the Board has, previously, seen a map on this. Several proposals were made by the Town of Lincoln; they wanted to cut out 2A altogether as a through highway We felt that the citizens of Lexington had to get to Concord by way of the existing Route 2A and were against the elimination of the State's proposal for Route 2A We did agree with them that the two interchanges, one for Mill Street Route 2A in Lincoln and one for entrance into the National Park, should be studied so that they could be consolidated into one, because we were concerned with the access at the Honeywell Company and the land zoned for the Industrial Park, as under the State's proposal our emergency vehicles would have to go into the Town of Lincoln in order to enter this. We agreed to go with them to the State DPW and ask them to study a design for one interchange and access road Mr McSweeney said that we wanted a frontage road, a continu- ation of Route 2A to be able to go to Route 2 without going on Route 128 Mr Greeley didn't see why they wanted to control the access it shouldn't be a controlled access route; we should get the access road to Heneywell 1 417 Mr McSweeney said that if they could eliminate Route 24, they would, Mr. Bailey said that this is so fat from Brost of Lincoln, they didn't care. Mr. Greeley said that Route 2A is on the extremities of the National Park and the extremities of Lincoln and they would just as soon have it all out; they would rather have Route 2A go through Bedford. Mr Gray asked for permission to ask the state DPW for one ac- cess road in this area; we are deeply concerned about this. Mr Greeley said that we have to be able to get from Mass Avenue to Route 2 Mr Gray said that is our position; we like this the way it is; we wouldn't fight to oppose the two loops, as shown on the proposal. We are going to concentrate on this and stay out of that Mr Mabee felt that it is to our advantage to have these two routes resolved The Chairman instructed Mr Gray to talk with Mr Zaleski and bring him up to date on this matter Mr Gray said that the Traffic Committee has been approached by the State DPW regarding the TOPICS program. They sent us a map with their suggestions for streets that might qualify under TOPICS Before we go any further, the Traffic Committee would like to know if the Board approves the streets these streets have to connect or connect into a major street The Chairman asked how this obligates us? Mr Gray said that there are two agreements to be signed, the preliminary agreement on the study and survey of the streets in- TOPICS volved on this map After the study is made, they come back to the Board and discuss the improvements recommended by the Consul- tants; if the Board goes along with these, the second agreement is signed, a construction agreement. We would have to agree to main- tain after completion and agree to change the parking regulations if recommended On the second agreement, we would have to bear any costs for landtaking, and off-street parking; once it is completed the maintenance belongs to the Town .of Lexington. We are concerned with the channeliaation, traffic signals, etc. , would have to be updated Mr Greeley said that on the second agreement, we cannot bar- gain; in the last analysis, we take the whole package or none? Mr McSweeney replied in the affirmative. The Chairman said that we can go to the first stage and call it quits What will it cost us in time, effort and cooperation of people? Mr McSweeney said that the State and local people would par- ticipate in regard to the study; it is paid for by the State The Chairman asked if we could get a letter on that? Mr McSweeney didn't think so; they haven't gone that far themselves There have been six communities selected to partici- "' pate " 4Th Mr Greeley asked if we had a much smaller selection of streets, would they still study the intermediate streets on connection? Mr Gray asked if he meant to eliminate streets? Actually, they came up with as many or a, few more than we had recommended; we wanted to show streets that are eligible for this study. Mr Greeley asked if the Planning Board has looked at it? Re wondered if they had looked at the section of Emerson Road between Adams and East Street, from Grant Street to the Mall. Mr McSweeney said that we could put it in. Mr Gray said that he had discussed this with the Chief and it was decided to leave it out Mr Mabee asked, why not all eligible streets? Are there anylby error or omission? Mr Gray replied that we tried to include all eligible streets. Mr McSweeney said that Eldred is a good one, it connects to a main street; we put Wood Street in; they had Park Drive and we took that out. Mr. McSweeney said that we would have to enter into a contract like we did on Route 2 and if we do go ahead with it, we would have to maintain the projects. The Chairman said that it is the feeling of the Board to proceed. Mr Greeley asked if we have to have a recommendation of the Planning Board on this? Mr Gray replied, no; Mr Zaleski is a member of the Traffic Committee I think the Planning Board would be happy to have Mr. Zaleski present it to them and to ask them. The Chairman instructed Mr. Gray to inform the Planning Board that the Board has granted approval to the Traffic Safety Committee to proceed with the TOPICS Program and would like their comments on this. Mr Burke informed the Board that bids were taken on September 16 for the construction of two tennis courts at the Lexington Center Playground. Only one bid was received, the Zani Excavating Company, Inc. , Box 334, Natick, for $13,300 He has checked them out with Tennis Court the Boston Bituminous and Boston Blacktop Companies and they are Contract very highly recommended The Putnam Company of Farrington, Connec- ticut will put the surface on. Mr Burke requested the Board to award the contract to the Zani Excavating Co , Inc. Upon motion duly made and seconded, it was voted to award the contract for the construction of two tennis courts at the Center Playground to the Zani Excavating Company, Inc. , in the amount of $13,300 The Chairman said that the School Department requests that the School Board approve a transfer of $2500 to the School Department Budget Transfer Account #2100-6 for Consultant's fees for a site investigation, pre- liminary schematics and cost estimates for the use of the Lexington Academy Elementary School by the Lexington School Department. 419 Upon motion duly made and seconded, it was voted to approve the request of the School Department for a transfer of $2500 for Consultant's fees for the evaluation of the Lexington Academy The Chairman read a request for a transfer of $211 50 to the Fire Department Ambulance Account #4200, The Registry Of Motor Vehicles has refused to accept the ambulance due to the faulty front springs and it is necessary to replace them; there Fireman Dept are also laundry and medical supplies bills to be paid, Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Re- Serve Fund to the Fire Department Ambulance Account #4200, in the amount of $211,50, Upon motion duly made and seconded, it was voted to sign the form certifying the character of Albert and Lillian Russell, 28 Cert of Sky View Road, who have applied for a Certificate of Incorporation Incorp under the name of "The Universal Christian Association for the Improvement of Black People, Inc " Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meetings held on December 16, 23 and Minutes 30, 1968; January 6, 13, 1969; February 25, 1969 September 8 and 15, 1969 Mr Greeley informed the Board that he had reported to the LCSR Commission that the Selectmen had declined to appoint Warren Roberts to the Commission as a representative of the forgotten man The LCSR agreed to recommend to the Board of Selectmen that membership on the Commission comprise represents- LCSR tives of major townwide citizen groups, non-partisan, and dedi- cated to social interest concoestaalt with those of the Commission (in addition to major Town Boards) It was suggested that the Citizens Committee for the Lexington Public Schools qualifies under this definition, and Mr Greeley agreed to propose that addition to the Board The Chairman was not in favor until he knows how many organ- izations would encompass, Mr Greeley said that this is the only organization that has asked for this appointment He didn't know whether a comprehen- sive canvass could be made but the Commission feels that this is an appropriate one; they think they would lend support to programs the Commission might encourage on educational issues, moderate in- come housing, etc, The Chairman said that they could be associate members; although not voting members, you could take into consideration what they have to say Mr Kenney felt that if the Board allows the group to become too large, it would become unwieldly 420 Mr Greeley said that he is making this as a recommendation to the Board; he could not make an unofficial recommendation now; it should be put to a vote The Chairman said that he would have to vote no Mr Mabee asked Mr Greeley if there were any plans for others to come in and ask to be members and if the membership should be reviewed and discussed again. Mr Greeley said that they did review, but not the groups they reviewed the policy and tried to establish guidelines; many groups could say they come within these guidelines The only thing that separates this group is that it claims to be a vitally interested group, is sending a representative regularly, and this sets it apart from the others. Mr Mabee was opposed to the motion as the Commission is appointed by the Board to advise the Board and we have a good smattering now. Mr Kenney said that these people are made perfectly welcome as participants. Mr Greeley moved that the Board invite the Citizens Commit- tee for the Lexington Public Schools to become a member of the LCSR Commission, and to nominate a representative No one seconded the motion The Chairman said that the Board would like to keep the Com- mission to the number of members it now has. Mr Greeley read an excerpt from the LCSR meeting held on September 16. "Mr Wella briefly described a movement underway by groups all over the country to dramatize the public's desire to see an end to the war in Vietnam. The plans include massive peace demonstrations on Peace Day, October 15, and a resolution Peace Day for Congresl.and the President to bring about a settlement. Mr Wells appealed to the Commission to recommend that the Select- men subscribe to that resolution His rationale was that so long as great sums of money are being spent in Vietnam, federal funds would not be available to relieve problems of unemployment, housing and poverty among the i.nation's underprivileged people. The peace effort is logically tied to civil rights efforts " After a lengthy discussion, the Commission voted, over- whelmingly, to call another meeting on October 1 at 8 00 P.M at the First Parish Church. Mr. Greeley urged the members of the Board to attend. He felt that it was an inappropriate thing for the Commission to do but they feel that the money being spent on Vietnam makes it an appropriate charge. They may formally decide to present the resolution to the Selectmen but I wodld be much happier if the Commission found it inappropriate They want to show that it is en appropriate action within the charge of the Commission The Board may be faced with the decision to' pass the resolution The Chairman said that he and the members of the Board would attend 42.1_ Mr Mabee said that we have acquired the Douglass property and the Library Trustees would like to have an amount of parking be made directly available for Library patrons; there should be some connection so that people could park there and walk through Library the back entrance of the Library. Parking Mr. Gray said that the Traffic Committee will look into this The Chairman asked Mr Gray if any bids have been taken on the demolition of the building? Mr Gray said that two companies have leen asked but he hasn't heard from them; he hopes to have a price by next Monday evening. Mr Mabee explained to the Board that the Library has exhibits once a month and sometimes people bring the paintings but they Library sometimes require a truck Recently, the Library has rented a truck Exhibits and they pay a fairly large amount for it He wondered if arrange- ments could be made to use a Town truck The Chairman instructed Mr Gray to talk with Mr Hilton and Mr Burke about the use of a truck. Mr Gray said that the School Department has a small panel truck The Chairman said that each member of the Board has received a copy of the betterment charges and licenses fees We should discuss the changes, if any, in the charges. Upon motion duly made and seconded, it was voted to approve the following Town Charges. Town TOWN CHARGES Charges Type Charge New Charge Police Department Accident Report 10,00 10.00 Bicycle Registration .50 .50 Police Report 5 00 5.00 Selectmen Taxi License 1.00 15.00 Taxi Operator 1.00 5.00 Package Store 1500 00 1500.00 Hotels and Motels 2500 00 2500 00 Clubs 250.00 250 00 Auctioneer 2.00 10 00 First Class License 10.00 25.00 Second Class License 15 00 25.00 I D Liquor Card 2 00 2 00 Common Victualer 5 00 15 00 Lodging Houses 2.00 15 00 Theatre 25 00 25 00 Sunday 50 00 50 00 Intelligence Office 1 00 15 00 4'22 .yam Charge New Charge Public Works Department Natter Connection Permit No CharSe No Change Sewer Connection Permit No Charge ' 14WChange License to lay drains, etc. $10.00 "No Change New Sewer Services Owner pays all cost No Change Renewal of Sewer Owner pays from street line to house No Change Town pays from main to street line No change Repairs to Sewer Services Owner pays on his property No Change Town pays within street limits No Change Sewer Stoppage Town pays all cost No Change New Water Service Owner pays all cost No Change Water Meter Repairs Main to curb cock, Town pays No Change Curb cock to house, owner pays No Change Water Meter Damage or Frozen Property Owner pays No Change Turning Water Meter on and $3 00 it requested by off for repairs owner No Change Seasonal Connection $1. 50 turn on 1 50 turn off No Change DekingtehtbFee on Water Bill 1 .00 No Change Constructions Betterments- Set by special Act Ch. Sewer 221 Acts of 1926 No Change Guide License Fees are under study. The Chairman is to talk with Mr Leon Burke. The Chairman asked Mr, Burke to find out what the surrounding towns charge the utility companies for permits for street openings. Mr Burke said that he would get out a questionnaire to the communities Drains were discussed. Mr Greeley said that we should seri- Drains & ously consider a charge on subdivisions; ;we spend a tremendous amount Street of time on inspection of subdivisions. Opening Mr, '(Agro said that the Planning Board has this under Permits considerations; you might want to get their recommendations Street Opening Permits and Drain Connection Pmrmits are to be given further study. Permits for the Dump were discussed. Commercial vehicles now Dump pay $25.00 per year it was recommended that they pay $300 00, The Chairman said that we should come up with a complete package on the coat to issue stickers to the residents of the Town; if it 423 costa $1,000, fine, but if $3,000 or $4,000, we should take into consideration a way to defray the cost, We need information on the cost to print the stickers and estimated cost to issue and procedure to issue also, information on the cost for Policemen. Construction Betterments were discussed. Sewer Betterments are set by Special Act, Chapter 221, Acts of I926. The Chairman said that there is a recommendation for con- Sewer sideration of individuals with long frontage Betterments Mr McSweeney said that we would, have to change the formula of the Act Mr Legro said that we can't change it; it could be done by abating the betterment. ' Sidewalk assessments were discussed. The charge is now $1.00 per foot, under Chapter 83, Section 26; this rate set by Sidewalk Selectmen not to exceed one-half Thia should be changed, Betterments as the average cost to the Town is $7 00 per foot After discussion, it was agreed to consider the assessment of the bettered property one-half the cost of the lowest construction coat of the sidewalk constructed during that year. The Chairman asked if we could do anything about assessing both sides of the street if the sidewalk was put only on one side? This suggestion is to be further discussed. Street betterments were discussed The charge is now $10 00 per font, under the Chapter 80 rate set by the Selectmen Street Mr McSweeney read cost figures; in 1967, $38 00 per foot Betterments and in 1969, $59 60. He said that on Hillcrest Avenue, without engineering costs, it figures to $72 00 with a sidewalk on one side, drainage and street construction The Chairman said that if we were getting one-half the coat, we should be getting $15.00 a foot Mr Mabee said that if Chapter 83 is so fair, why not use it? Mr McSweeney said we said that the formula was fair but would have to go back to the Legislature to change it. Mr Greeley said that Mr Mabee is saying why not pay one-half Mr Mabee said, one-half for everything, streets, sidewalks, etc. Mr Gray said that it would change it from a five-year cycle to a three-year cycle. Mr Greeley said that the total cost would be divided between the two, each side, would be fair; this is what the subdivider is doing. This would be an assessment of one-third by the Town and one-third assessed against the property bettered on each side of the street The Chairman asked Mr Legro if we adopt a new formula could we legally assess the new streets? Mr Legro replied that you have already filed your street orders and in them you have included the schedule of estimated betterments - the answer is, no. Mr Mabee said that he would agree to one-third; subdivisions have been paying over the average of the last three years. Mr Gray said that you want the average cost for three years split into thirds; why not say, the average of the last three years of the contract. Mr Greeley asked if we aren't establishing a policy, rather than a fixed rate? The Chairman said that it is a formula. Mr Legro said that on streets, the Selectmen established a rate cost per foot on which the betterments are assessed; he didn't recall any limitation on that, other than special benefits to the abutter The Chairman suggested that we can get together on what we think the formula should be and ask Mr Legro for his opinion. We are considering that the property bettered will be assessed one- third by the Town and one-third against the property assessed on each side of the street; the average cost of street construction over the past three years will be used as a base in the determin- ation of the amount of the betterments. The Board discussed sidewalks Mr Legro said that we are back to the definition of the abut- ter; when the Legislature passed this, it was the side of the street on which the sidewalk was installed The Chairman said that the streets will be based on the pre- vious three-year construction cost Mr Greeley said that if you figure on some extraordinary cost in the past three years, you would leave it out Mr McSweeney disagreed; he would deduct the sidewalk The Chairman said that it is the feeling that, on side-walks, it will be the average of the last three years' construction Sidewalk cost, with the Town paying half and the abutter half. He asked Legislation if there was any difference in the policy if the Town constructs the sidewalk which has not been asked for by the abutter but as a result of a request from the School Department? Mr Mabee said that if you draw that line, you are dead. Mr Kenney asked about a sidewalk built by itself and a street constructed? Mr Mabee said that if you build a sidewalk at the same time you construct the street, you build that in. Mr Legro said that the statute provides for assessment of a reasonable amount not exceeding one-half the cost The Chairman said that for us to establish this formula, we would need our own legislation. Mr Gray said that you can come up with a betterment for one- half the cost The Chairman asked, until we can get legislation, can we establish the policy that we get the lowest sidewalk installed and use one-half the coat of that; the lowest cost is $4 00 a foot and we assess $2 00 a foot? 1 425 Mr Legro replied, yes, as long as it doesn't exceed one-half. Mr Mabee said that we are not going to establish betterments until the sidewalks are in Mr McSweeney said that you never do; you give them an esti- mated figure Mr Greeley said that we should talk with Mr Cole if Mr. Legro finds that we can't do it on both sides, we ought to get a statute amendment Mr Legro said that it isn't going to make any difference in the coat to the Town Mr Greeley said that it might in the longer range policy, i.e sidewalks for schools, whether borne by both sides or one side; if the school asked for Cedar Street on one side, I as not going to put a charge on the other side. Mr Legro said that the only way to assess on :both sides.is by way of special legislation If we do change, the only effect would be on the rate per foot Mr Greeley felt that a sidewalk on one aide is a fair thing to do. Mr Legro said that there was another difficulty - how much a sidewalk on the one side benefits the other side; it is worth much more to some people to have a lawn Mr Kenney said that, maybe, we should leave sidewalks alone; there are more people coming in saying they don't want the sidewalks. The Chairman said that we have $200,000 in requests for side- ' walks. Water main construction was discussed and it was agreed to con- sider that the property bettered will be assessed on the basis of one-third by the Town and one-third assessed against the property Water bettered on each side of the street; the average cost of water con- Mains struction over the past three years will be used as a base in the determination of the amount of the betterments. Mr. Gray said that he will report back to the Board on Dump Permits, Street Opening Permits and give the language on items on construction betterments Mr Gray mentioned that Monday, October 13, is a holiday and asked the Board to set a date for the meeting of that week. It was agreed to set a date on next Monday 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 Executive the public security, the financial interest of the Town or the Session reputation of any person After discussion of matters of financial interest to the Town and personnel matters, it was voted to adjourn at 10.15 P.M A true record, Attest Executive Clerk, Selectme Ni 4[26 SELECTMEN'S MEETING September 29, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, Sep- tember 29, 969 at 7 00 P.M Chairman Cataldo, Messrs Mabee, Kenney and Bailey were present. Mr. Legro, Town Counsel; Mr Gray, Executive Assistant; Hr Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present The meeting was opened and it was voted to go into Execu- tive Session. At the request of the Town Clerk, four jurors were drawn, Jurors as follows: Charles J Egan 11 Coolidge Avenue Stanley G Phillips, Jr 15 Vaille Avenue Albert Nabedian 4 Fiske Road Francis X Flaherty 4 Fourth Street Mr Gray informed the Board that a request has been received from Mr Duval of Massachusetts Avenue in East Lexington, regard- Leasing Bow ing the possibility of leasing, for the parking of vehicles, a Street piece of property on Bow Street. Hs used to park his vehicles on land owned by Mr Buss but now he has to park on Bow Street. If the Board felt that this request is worthwhile, Mr Gray would talk with Mr Duval to see how many cars were involved. The Board had no objection. Mr Gray discussed the request of Mr Hamilton regarding the possibility of an extension of a drain line on Massachusetts Avenue Mr McSweeney has made up a plan showing three breakdowns of cost; Hamilton A-$3,000; B-$3,000; C-$1650 Public Works Department could do it Drain this winter, if we buy the pipe; the material would run between $1200 and $1500 This drainage problem has been discussed for at least three years The Chairman said that you can't hook into the Worthen Road drain. Mr Mabee said that these are just the cost figures We have discussed this but I would have to be refreshed on it Do we have any liability in there? Mr Gray said that he would talk with Mr Legro and bring it up at the meeting on next Monday evening. Mr Gray gave the members of the Board copies of a survey made Street on street opening permits in surrounding towns. Mr Burke had con- Openings tatted seventeen communities and most of them operate on a system similar to that in effect in the Town of Lexington 427 Mr Gray said that there was no report, as yet, on drain con- nection permits. Mr Gray informed the Board that he had checked the cost of stickers for the dump; it would be $56 75 for 10,000. He said if these stickers were issued to the citizens for three Saturdays, it would cost $300 or $350 for a police detail The Chairman asked why the stickers couldn't be issued during Dump the week? Stickers Mr Gray replied there would be a problem with too many people coming in and a clerk would have to be taken off another job. He recommended to have it for three Saturdays and it could be at Cary Hall or the Public Works' garage. The Board agreed to discuss stickers for residents at a later meeting when the other permits under study are discussed Mr Burke informed the Board that bids had been taken on No. 2 and No 5 fuel oil on September 26, 1969. Four bids were made No. 2 and he recommended that the contract for No 2 fuel oil be awarded Fuel Oil toInc. , Medford, for 1 the e l oweat bidder, Mystic Fuel Co I c. , Me o 1/24 per gallon above tank car price Upon motion duly made and seconded, it was voted to award the contract for No. 2 fuel oil to the Mystic Fuel Co. , Inc. for 14 per gallon above tank car price Mr. Burke recommended that the contract for No. 5 fuel oil be awarded to the lowest bidder, Union Oil Company of Boston, Revere, No. 5 for $2.5777 per barrel. Fuel Oil Upon motion duly made and seconded, it was voted to award the contract for No. 5 fuel oil to the Union Oil Company of Boston for $2 5777 per barrel. The Chairman read a letter from the ABC regarding the rules Liquor and regulations for Columbus Day, October 13, 1969. Columbus Upon motion duly made and seconded, it was voted to inform Day the Package Goods Stores to remain closed on October 13, 1969; 10-13-69 motels and clubs may serve liquor during the usual holiday hours Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen's Meeting held on September 22, 1969, The Chairman informed the Board that a vacancy exists on the Historic Districts Commission, caused by the resignation sof Mrs Historic Ruth Bevan Cary Memorial Library Trustees have submitted two District nominations, Mrs Myrna Kaye and Mrs Georgia H. Williams. Appoint- Upon motion duly made and seconded, it was voted to appoint ment Mrs Georgia H Williams a member of the Historic Districts Com- mision to fill the unexpired term of Mrs Ruth Bevan to January 1, 1970 428 Mr Kenney said that as a representative of the Board on the Air Pollution Committee, he had called our Board of Health to ask that no permits for burning be issued until the atmosphere had cleared Air Mr Adams said that he would like to be on the list of people Pollution to be notified as it would be a service to the citizens of Lexing- ton to have a notice in the Minute-man on the bans during a critical air pollution Mr Kenney asked Mr Adams to again publish the rules and regulations concerning the burning of leaves. Mr Adams agreed to publish them in the next issue Mr Kenney asked about Mr Msdoono land taking He said that he has been on the Board for two and a half years and when he first came the Board discussed the Woburn Street school site which in- cluded the Woburn Street property He asked if there was any way to speed it up? The Chairman asked if a survey had been made and a recommenda- tion given to Town Counsel? Mr Gray said that the survey is not completed. There is a Modoono question as to whether his property will be included We can't Land tell Mr Mpdoono until we hire an outside man for the survey. The Chairman said that Mr. McSweeney has been pushing this; a survey is being made of all parcels. Mr Gray said that the original plans in the Article were very indefinite and there are several small pieces of property on Woburn Street we probably should not take, and it would not diminish the site by much. We are waiting for surveys of the Cotton site and the Steeves' property. Mr Mabee asked if the Traffic Committee has met on the Douglass property? Mr Gray replied that they had discussed it It is recom- mended to put one driveway from the Library parking lot and a Douglass concrete guardrail on the bounds of our property so they won't Property have access from Massachusetts Avenue into that lot. We have a tentative price from a local contractor to tear the building down and we would like permission from the Board to have it torn down. Mr Mabee asked if Clarke Street would be the only entrance? Mr Gray replied in the affirmative He said that Mr McSweeney will have a plan made of the area The Chairman declared a recess while the Board met with the Appropriation Committee and Chairman of the School Committee to discuss the request of the School Committee for a transfer of $2500 from the Reserve Fund for a study of the feasibility of ac- quiring the Lexington Academy 4129 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 Executive reputation of any person. Session After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 52 P.M A true record, Attest Executive Clerk, Selectmen I 430 SELECTMEN'S MEETING October 6, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, October 6, 1969 at 7:30 P M. Chairman Cataldo, Messrs . Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel; Mr. Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs . McCurdy, Executive Clerk, were also present. Mr. Cataldo informed the Board that he and Mr. Zehner Town had attended the Massachusetts Selectmen' s meeting, held Report at Harwich, to accept the award of first prize for the 1968 Lexington Town Report . Mr. Legro requested the Board to sign the Order of Order of Taking of a parcel of land on Marrett Road owned by Lex- Taking ington Associates , Inc ; the award is made in accordance Lex. Asso with the vote of the Board . Upon motion duly made and seconded, it was voted to sign the Order of Taking of land owned by Lexington Associates, Inc Mr Legro said that he has the contract for streets, drains and sidewalks which has been awarded to A.R. Belli, Belli Inc. There are corrections to be made on the signature Contract page but the Board may vote to sign the contract, subject to the necessary corrections being made by Town Counsel. It was agreed that Mr Legro will hold the contract until the necessary corrections are made. Upon motion duly made and seconded, it was voted to Meeting hold the regular Selectmen' s Meeting on Wednesday evening, October 15, 1969, because of Columbus Day being cele- brated on Monday, October 13. Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of voting, dis- Exec. cussing or deliberating on matters which, if made public, Session might affect the public security, financial interest of the Town or the reputation of any person. After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. The Board discussed the Order of Taking of the Nelson property of Margaret K. Nelson, which is adjacent to Taking Willard ' s Woods . 43.1 Upon motion duly made and seconded, it was voted to sign the Order of Taking of the property of Margaret K. Nelson, with an award of $7500.00. Rev. John Wells of the Lexington Council of Churches met with the Board . He read a resolution sponsored by the Executive Committee of the Lexington Council of Churches to the Selectmen of the Town of Lexington, which requested the Selectmen to hereby memorialize the adminis- tration of President Richard M. Nixon immediately to di- rect a major and orderly withdrawal of our Nation' s forces from Vietnam and to hereby memorialize the Congress of the United States to insist through its legislative and bud- getary powers that the administration of President Nixon to act according to the tenor of this resolution. Rev. Wells said that he has been asked by many people if this is a proper resolution to bring before this body. I recognize that this is presumptuous of a town to ask a Lexington nation what to do but this is not out of line as , previ- Council ously, this body did ask the Secretary of Defense not to of place the anti-missile site to Reading; there is proof- Churches deuce for this type of action. Cannot this Town go along Resolu- with other Towns? In Arlington, three members of the tion Board agreed to go along with it. The Chairman said that it was not acted on, in Arlington, officially, as a Board. He said that he did not understand the correlation - this resolution with the language; he didn't understand how it could bring about our support on whether we have our foreign policy debated; if that were the question, it would be a different type of resolution. Msgr. Casey said that the purpose is to aid, to be in favor of the resolution. As a member of the Council of Churches , he is deeply committed as Rev. Wells and he is opposed to the war in Vietnam. The American people voted overwhelmingly in defeat of Senator Goldwater and the people made it very clear when Mr. Johnson was de- feated. We have the same old war. Another purpose in this is , this is not an isolated incident, October 15 is snowballing all over the country. We are being purpose- ful, not frivolous in presenting this at this time; this is part of a countrywide movement and administrative leaders and governors are moving to express the dissolu- tionment of the war in Vietnam. Miss Wendy Levy, senior at Lexington High School, said that we feel deeply involved in what is happening in the U.S. and the war and have a deep feeling of frustration in not being able to vote; they would like to see Lexington adopt this resolution. Tim Brown, junior at Lexington High School, said that most young people are disgusted with what is going 432 on and it is about time that they, said, as a unit, and Lexington is our unit, that they are opposed to the war, and they will try to get things done that way as individuals . Mr. Greeley read a letter from the LCSR which stated that, at the meeting of October 1, the Commis- sion unanimously voted to call to the attention of the Selectmen that, in the view of the Commission, the resolution has overriding implications for the affairs of the Town, especially those for which the Commission was established, for these reasons; The Vietnam war is regarded by many as diverting resources and energies away from such issues as housing, education and civil rights;.bhe war is so divisive as to make difficult the discussion of major social issues . The Chairman read a letter from Daniel E. Power, Chairman of the Lexington Democratic Town Committee, which stated that the organization unanimously voted to endorse the petition to the Board of Selectmen by the Executive Committee of the Lexington Council of Churches, calling on the Selectmen to support the reso- lution; also, to ask that the Selectmen vote to support this resolution. Mr Wells said that the C P.P. has endorsed the Council of Churches' resolution and would like to go on record as such. Mr. Kenney said that, speaking for myself regarding October 15, I support your right to affirm your beliefs, but I would ask that the members of the Board ask them- selves if they have a sufficient mandate from the Citi- zens of the Town to act as spokesmen. Regarding the petition, there is much to agree on; moat would agree that war is difficult and about the uncertainty of our initial purpose. We abhor the deaths and deplore the wasteful spending of the money. We agree with many sections of the resolutions, down to the last two re- solves which, in essence, are the same plan as that of Senator Goodall of New York, which the Senator calls the Vietnam Disengagement Act. To illustrate an opposite point of view, Mr. Kenney read an article published in the Boston Herald on September 29 which calls it ill-timed, ill-conceived and ill-advised, and is a proposal that would determine the negotiating of the United States in Paris . Mr. Kenney said that he wished to show that there are many people in the Town who feel that is the way to do it. Therefore, when you ask the Selectmen to mediate, pro or con, you put us in a very untenable position. It goes beyond the legal or moral obligations of this office. Rev. Wells said that be did not think a Selectman should be called upon to say what side he is on. HeI/ -I:3 didn' t like it because he knew each Selectman has a desire to be a defender of the American dream. Our young people would say that we have been so involved with Communism that we have forgotten our American dream. Rev Wells has served his country with honor and distinction and the lest thing he would want to do is make the military an employee. The Selectmen have been asked to aid in the process of - let the citizen be heard - and we don't want you to feel you ere being put on the spot Mr Small said that he would like to point out that if any precedent is necessary, we had one over a year ago, against the war on a presidential primary, when many people voted for Senator McCarthy, if you need any mandate, you have one Mr Warren Hill presented a declaration, signed by over 60 employees and merchants of Lexington Center, stating that participation in the protest movement against the Vietnam policy of this administration in Washington would become a detriment to any possibility of peace in South Vietnam and urged Lexington citizens not to participate in the October 15 protest. Mrs . Balsor said that she would like to know what the people presenting this resolution would like to do, or intend to do; we all feel strongly about this but what do they intend to do? The Chairman said that we don' t want to debate the Vietnam issue tonight? Mrs Balsor asked if they are saying, Mr. Nixon, please stop the war? The Chairman said that, reading the resolution, they are asking this Rev Wells said that the Selectmen are our repre- sentatives and we ask them as our elected representa- tives to do this . Mr Silva said that in regard to Mr. Kenney's question if the Selectmen have a mandate from the Town to accept this, you may want to note that it only men- tions the Selectmen - one governmental body asking another to take some action. You must remember that the action was started by the president without the mandate of the people; I don't see the point of asking the people Mr. Kenney said that we could endorse the proposal as individuals but as a Board, in a real sense, we speak for the Town and that is beyond our scope. Re- garding Mr. Small' s comment on the votes for Senator McCarthy, that is no mandate to Lexington. Mr. Michelman said that he agreed with Mr Kenney if, assuming the Board should vote by majority or `+,)4 unanimously, they will have spoken on behalf of the Town, it is entirely appropriate. Rev Wells ' state- ment of not intending to put five individuals on the spot saying, do you or do you not agree - that, in- deed would be a very unfortunate activity to engage in. He would say to Mr . Kenney that it was not so much a mandate as a question of interest of the Town elected officials; they are supposed to reflect Of these con- stituents, there are some occasions on which an elected representative feels it is a duty, without counseling or seeking a mandate DeNapoli said that as a representative of Liberty Hill, he is asking the Board not to support this resolu- tion . Mr. Frankovitch, Lexington Council of Churches, said that he has never had so many offers of help on October 15; he had asked for 50 people and got over 200 people Mr. Ferrin said that the Board of Selectmen should not go along with this ; it undermines our community and we should give the president our support; a house divided against itself cannot stand . Mr. Whitehead said that he spoke for many people. He, too, was opposed to Vietnam but he did not feel the means to the end is in the streets. We have a govern- ment, the speaker of which we can have our voice heard - he is opposed to demonstrations . Magr Casey said that we are proceeding in this manner just so the decision won' t be made in the street, to keep it from the hands of the more radical element . The Chairman said that we have faith in you people handling this situation; you have our assurance that whatever happens on October 15, we make sure that everyone who participates is not only heard but protected . Mr. Greeley made a statement, as follows ; I am un- qualifiedly opposed to continuation of the war in Vietnam, and in favor of withdrawal of all our troops as rapidly as it can be arranged. I will gladly sign personally, any reasonable resolution or petition to that effect. On the other hand, my responsibilities and duties as a mem- ber of the Board of Selectmen do not permit me to take an action of this nature on behalf of the Town. I must make decisions on behalf o the Town, wEire such deci- sions relate to Town affairs which must be settled between Town Meetings . I Ely make decisions on behalf of the Town when I believe such decisions affect basically non- controversial issues (as, for example, our relations with our Mexican sister-Town Dolores-Hidalgo) But I mater not commit the Town, or purport to speak for it, on issues 1 435 which by their nature are controversial, or where I believe that fellow-citizens may, as a matter of con- science, reasonably question my right to speak for them As for memorializing Congress , there are clearly- established channels for the citizens themselves to do this -- through their Congressman and Senators , not through their Town governing Boards . When it comes to memorializing our President, I believe we should all speak out as individuals and/or through organizations or agencies established for such purposes . The Board of Selectmen is not such an agency, and should not be so used. Mr Mabee said that he subscribed wholeheartedly to Mr Greeley' s statement . Mr. Bailey said that it was very difficult not to find something to agree with every point of view. Cer- tain basic facts have gotten a bit out of focus . This Board was elected by the voters of Lexington to serve as the executive arm of town government These same voters also elect executive and legislative representatives at the state end federal levels . I don't think for a minute that there is any mandate, direct or implied, for us to insert ourselves between the voter and their elected representatives at the other levels of government except where it is a matter that clearly and unequivocally in- volves the Town of Lexington directly. Regardless of our personal feelings in the matter and our individual actions in respect to the resolution, it is not a proper action for this Board to act as a body in endorsing the resolu- tion. I believe that this Board should act on matters well outside of the direct sphere of Town influence; only in those instances where (1) the Town of Lexington as a corporate municipal entity is involved; or (2) where the well-being of citizens of the Town is clearly and directly involved; or (3) where a mandate is clearly issued by the Town Meeting; or (4) where suitable channels of communi- cation do not exist between citizens and the agency or entity involved . In this way, I think that we will be able to keep the record straight on what you do as citi- zens, what I do as a citizen, and what we do as a Board on behalf of everyone in Town. Mr. Kenney moved that the Selectmen not accept the resolutions as presented by the Council of Churches and would take no further action, as the matter is beyond the prerogatives of this office. The Chairman said that this is an emotional issue and it is the feeling of the Board that, regardless of the wording of the motion, the sense is not within the prerogative of the Board to act on such a request . Mr. Greeley seconded the motion. 436 Upon motion duly made and seconded, it was voted not to accept the resolutions as presented by the Lexington Council of Churches and would take no further action, as the matter is beyond the preroga- tives of this office. Rev. Wells and the citizens of the Town retired from the meeting. The Chairman read letters from the Planning Board . Planning regarding 1620 Massachusetts Avenue and Friendly Ice Board Cream. It was agreed to have copies made for the Board and discuss the matters at the next meeting Mr. Gray requested the Board to appoint the follow- Town Report ing members to the Town Report Committee; Louis A Committee Zehner, Chairman, George E Cooper, Richard K Eaton, Richard W. Hoover, and a representative of the School Department, and Albert Gray, Jr , Ex-officio The Board discussed the request of Mark Lichten- stein to tie into the storm drain on Augustus Road Mr Legro said that we have both grants of util- ities but the provision is that the title to the drains does not pass to the Town until such time as the street is accepted and laid out as a public way These are Lichtenstein the terms of the grant of utilities , so that the Town Drain does not take the responsibility until the street is accepted as a public way. Mr. Lichtenstein was present at the meeting and said that he has had from 1' to 2' of water in his basement. He has bad experts from the Town look at the situation, including Miller & Nylander and the only remedy is by tying into the storm drain The Board knows that the ways of the Country Club area will be acdepted at the next Town Meeting I have obtained a bonded company or an individual who is authorized by the Town to do the work, David Eagle The Chairman said that we recognize the fact that you have had a problem for three years , a problem with the subdivider; you are askingto do somethingto us solve your problem. Your position is very clear that this is our concern. I think you understand that my concern is well-founded Mr. Lichtenstein said that he didn't place the blame on the Town or the Board for his problem. The basic issue is whether the Town Selectmen will author- ize an individual to tie in. The Chairman said that he would not vote to put the Town in this position, to assume the liability, un- less we are on solid, legal ground . * Upon motion duly made and seconded, it was voted to appoint the following as members of the Town Report Com- mittee; Louis A. Zebner, Charman; George E. Cooper; Richard K. Eaton; Richard W. Hoover; a representative of the School Department; Albert Gray, Jr. , Ex-officio. 437 Mr Lichtenstein said that David Eagle had informed him that, unless the work begins in the next week or two, he will not be able to do the work I will be in the same position as last spring and would appreciate it if this Board acts one way or another Mr Lichtenstein retired from the meeting. After discussion, Mr. Gray was instructed to write and inform Mr Lichtenstein that until such time as the street is accepted and laid out as a public way, the Board is not in a position to grant permission to tie into the storm drain; but will consider the request again after the streets have been accepted usa The Chairman read a letter from Mr Anthony Busa re- B8 garding his request to purchase Lot #38 Rockville Avenue villa Rock- to combine with his Lot #37, to build one house The Chairman said that it would take a vote of Town Meeting to authorize the Board to sell this lot . Mr Greeley moved to put this request in the War- rant Mr Kenney asked if we took this land over the pro- tests of the owner and the purposes for which we took it no longer exist , do we have an obligation? Mr Legro replied, not a legal but a moral oblige- tion; technically, we need a vote that it is no longer needed for public purposes Mr Greeley thought that the Planning Board should update their position It was agreed to write to the Planning Board, asking if there is any change in its previous position of having no objection to the sale of Lot #38 Rockville Avenue. The Chairman read a letter from the Camp Fire Girls Camp to attend the 50th Anniversary Grand Council Fire on Fire October 19 at Reading High. Girls The Chairman polled the Board and no member would be able to attend Upon motion duly made and seconded, it was voted to certify the character of the following individuals who have applied for a Certificate of Incorportation : Cert of James R. Maclnnes 1557 Mass Avenue Incorp. "Massachusetts Association of School Business Officials Inc." Dean A. DeMarre 22 Bernard Street "Life Science Engineering Foundation, Inc " Phyllis Salusti 110 Kendall Road "Naples Club of New England , Inc " 438 Eloise P Gredler 119 Burlington Road "Bedford Country Day School, IncorporUted" Alfred H Bloom 21 Demar Road "Giant Stores Charitable Foundation, Inc " Dr. Robert and Mrs . Joanna Enzmann 29 Adams St . "Northeast Cryonics Society Incorporated" The Chairman read a letter from Massachusetts Transportation, informing the Town that a passenger Passenger count will be taken at the East Lexington and Lexington Count stations on Monday, November 3, 1969 from 7:00 A.M. to 7:30 P M Mr Grey was instructed to inform the Police De- partment to detail Policemen on that morning Upon motion duly made and seconded, it was voted I.D. Card to authorize the Chairman to sign the Liquor Identifica' tion Card for Rebecca T. Clarke, 29 Moon Hill Road The Chairman read a letter from the League of Women Voters regarding a request that the Board issue a proela- LWV Week mation declaring the week of October 19 - 25 as League of Women Voters Week Upon motion duly made and seconded , it was voted to sign the proclamation for League of Women Voters Week, October 19 - 25, 1969 Upon motion duly made and seconded , it was voted to Minutes approve the Minutes of the Selectmen' s Meeting held on September 29, 1969. The Chairman read a letter from William H. Duckham, 2 Dewey Road , requesting an abatement of sewer betterment Duckham assessment of $923 62. Abatement Mr Legro said that there should be more informa- tion on this matter before a decision is reached It was agreed to refer to the Engineering Department for more information The information is to be given to Town Counsel; then the Board will discuss it at a future meeting. The Chairman read a letter from Arthur W. Collins, 79 Hill Street, stating that he did not believe the award Collins ' of $200 for an easement taken on his land is a fair award . Easement After discussion, it was agreed that Mr Gray is to have a report for the next meeting, a copy of which is to be given to Town Counsel, and the Board will then discuss the matter. 439 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 Exec made public, might adversely affect the public security, Session the financial interests of the Town or the reputation of a person. After discussion of personnel matters, it was voted to adjourn at 9:55 P.M A true record, Attest : �� --'- Executive Clerk, Selectmen / /1 ).))' Cly 1 44U SELECTMEN'S MEETING I October 15, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday evening, October 15, 1969 at 7:30 P.M. Chair- man Cataldo, Messrs . Mabee and Kenney were present Mr. Legro, Town Counsel; Mr. Burke, Superintendent of Public Works ; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, six jurors were drawn as follows : Jurors Paul E. Legassi 16 Rawson Avenue Peter Alexson 11 Carville Avenue Paul L. Factor 26 Lillian Road Perrie R. Collicutt 17 Pearl Street Robert F. McLaughlin 25 Brandon Street Dominic DiPersio 39 Sylvia Street Mr Legro requested the Board to sign the contract with A R Belli, Inc. , for streets, drains, retaining Belli walls and sidewalks . Contract The Chairman said that the contract will be held until after thea ointment this eveningwith Mr McCabe PP of Grassland Street . Mr Legro requested the Board to sign the Order of Temporary Taking of temporary slope easements , requested by the Slope Ease- State DPW for the Chapter 90 construction of Lowell ments Street . Lowell St . Upon motion duly made and seconded, it was voted to sign the Order of Taking of temporary slope easements for the Chapter 90 construction of Lowell Street. Mr. McSweeney informed the Board that he had a re- quest from Kennecott Copper; they would like to provide Kennecott an access road at the end of Munroe Road . They will Access Rd . clean up the high banks , put in double posts and a chain; this would be a temporary access on their land He bad met with Dr. Fletcher and bad told him that he would bring it to the Board ' s attention. Upon motion duly made and seconded, it was voted to grant the request of Kennecott Copper to provide a tem- orary access road to Munroe Road, subject to the condi- tions of the Town Engineer 4[4 Mr. McSweeney informed the Board bids on the sani- tary sewer and storm drain were opened on October 14, Sewer and The lowest bidder is Brentwood Company and the bid is Storm being reviewed . Mr. McSweeney will bring it to the Drain Bid Board on next Monday evening. Mr. McSweeney informed the Board that he had re- ceived a request from Mr. Dunlap on Waltham Street for entrance into the sewer. The sewer was built in 1931 and he has asked to pay the 1931 rate, which would be $247.24; the current rate would be $1381.75, in lieu of betterments . I, personally, told him that he should pay the $1381.75 He has a very high service cost as he bad to come out 100' , anyway. The Chairman asked how he would be serviced if the Dunlap rest of Waltham Street is to be serviced ; would it go Sewer by his house? Mr. McSweeney said that if we moved it 5' and built a manhole, he would be subject to today' s rates; any construction we didon the street would be under the 1969 price; it would be somewhere around $200 or $300 just for the manhole. He has a serious condition and I gave him an answer of $1381.75, as everybody is paying that rate this year. The Chairman asked Mr McSweeney to figure out how much it will coat us to extend the main to service him and come back to the Board with the numbers Mr. McSweeney agreed to come back to the Board with the numbers . Mr. McSweeney informed the Board that Mr Greeley of the State DPW has told him that the money will be MDC committed on the MDC sewer if and when we begin the Sewer engineering. I told him that we thought that the re- port was sufficient as far as committing the money The Chairman said that we will discuss this with the full Board on next Monday evening The Chairman asked Mr Legro about the Bedford sewer contract Mr Legro said that he hasn' t had questions on it Bedford Mr McSweeney said that he has talked with Mr. Sewer Burdick of the Bedford Board of Selectmen and they felt they would like a few more weeks to review it . It was agreed to contact the Bedford Board and set up an appointment to discuss the Bedford sewer contract The Chairman read a letter from the Recreation Di- rector which stated that a request has been received Pop Warner from the Pop Warner Football Association to practice Assoc. under the lights on Monday through Friday from 5:00 P.M Request to 6:30 P M. 442 After discussion, the Chairman instructed the Superintendent of Public Works to make arrangements Pop Warner for the light meter and to have the light bill sent Assoc. to the Pop Warner Football Association. Request Upon motion duly made and seconded, it was voted to grant permission to the Pop Warner Football Association to use Kineen Field on Burlington Street for football practice under the lights on Monday through Friday, 5:00 P M. to 6:30 P.M Worthen Rd . Upon motion duly made and seconded, it was voted Chap. 90 to sign the Memorandum of Agreement with the State DPW for the Chapter 90 project on Worthen Roads in the amount of $29,700. The Chairman read a letter from Attorney Lynch Grey Nuns ' which stated that the Grey Nuns agree to postpone nego- Property tiations with other interested parties on the purchase of the Lexington Academy property until November 1, 1969. Upon motion duly made and seconded, it was voted to Transfer request the Appropriation Committee for a transfer of $1,000 to the Selectmen' s Expenses Account #1050, to be used for the recruiting of Town Manager. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Light Horse Club for Permit the use of Willard' s Woods on October 18, 1969, subject to the conditions of the Park Superintendent. Upon motion duly made and seconded, it was voted to I.D. Card authorize the Chairman to sign the Liquor Identification Card for James E. Roberge, 3 Benjamin Road . The Chairman read a letter from Joseph J Hunt re- Proclamation questing the Board to proclaim the week of November 2 - 8, 1969 as Epilepsy Education Week. Upon motion duly made and seconded, it was voted tO authorize the Chairman to sign the Proclamation for Epi- lepsy Education Week, November 2 - 8, 1969. The Chairman read a letter from Robert H. Colbourne, Hennessey which stated that he had agreed to purchase the Hennessey Land property and would like to purchase Town land which abuts the property It was agreed that Mr. Legro will bring the file on the Hennessey property and the Town land involved to the meeting on next Monday evening. _448 The Chairman read a notice of a public hearing to be held at the County Commissioners ' office on the re- Worthen location of Worthen Road on November 14, 1969 at 12:45 Road F M. Hearing Mr Gray and Mr McSweeney are to attend the hearing. The Chairman read a notice of a public hearing to be held at the State Department of Public Utilities upon petition of the Boston Edison Company for approval of Hearing Series L Bonds , Thursday, October 23, at 10:00 A.M. It was agreed to refer the notice to the Comptrol- ler for representation of the Town at the hearing. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen' s Meeting held on Minutes October 6, 1969 Mr. McCabe and residents of Grassland Street met with the Board . The Chairman informed them that it was not a hearing but was just a courtesy as a formal hearing has already been held Mr. McCabe informed the Board that they are asking the Board to consider the size of Grassland Street; it was not a unanimous feeling but a clear majority of them want it to be reconsidered; everyone wants it paved , but not 30 feet. He read a petition, wbibh stated' that they oppose the construction of a 30 foot wide traveled por- Grassland tion of pavement "We approve the construction of a 24 Street foot wide traveled portion of pavement with one side- walk and can see no reason why a small residential street needs 30 feet of pavement ; a 24 foot path of pavement is more than adequate for Grassland Street, leaving ample room for eight foot wide fire apparatus to pass each other without difficulty. A 30 foot wide street will encourage drivers of motor vehicles to proceed at excess speeds unsafe in a residential area thus causing an un- safe street which you claim you are avoiding. Since many of us are parents of small children, this understandably causes us great concern for their safety. We do not in- tend to use this street as a parking lot and do not in- tend to encourage anyone else to since that again lends to an unsafe situation. Grassland Street is not a major street . The best way to go from Spring Street to Waltham Street is Marrett Road . The next best choice is Bridge Street. Grassland Street would at best be a third choice We also understand that Grassland Street may never be connected to Waltham Street . This eliminates the maces.. sity of anything wider than 24 feet in the future. We 444 petition you to change the specification for Grassland Street to read a maximum of 24 feet of traveled por- tion and sidewalk. Save our trees and the beauty of this fine area ;" signed by the following: Daniel L. McCabe Erika B Stancliffe Ralph Langone Francis C. Huneeus Barbara E. Bauder Mr & Mrs . Peter J Volletadt Paul F. Bauder, Jr. Karen Storts Merton W. Stancliffe Merrill R. Storts, Jr John R. Howe II Sally Dunlop McCabe John E. McDonald The Chairman said that the petition is accepted and will be recorded . He asked if anyone else is present and would like to be recorded in opposition? Mrs . Jacqueline Davison, 112 Spring Street , was re- corded in opposition. Mr. Woodbury M. Philbrook, 49 Grassland 'Street, was recorded in favor of a 30 foot pavement on Grassland Street . The Chairman said that we will take it under advise- ment . The Chairman informed the Board that a letter has been received from Mr. Mazyck requesting a hearing with Veilde the Board , end submitting a petition which states that Avenue the signers protect the removal of the trees on Vaille Avenue. The Chairman said that Mr. Mazyck will be informed that a hearing will be set up for Monday, October 20, at 8:00 P.M. Later on in the meeting, the Board dischased Grassland Street . The Chairman said that he didn't think that all the people should suffer. He suggested that the contract be Belli signed and if the Board decides on next Monday evening to Contract change Grassland Street, that the street be deleted, rede- signed and put out to bid in another year. Upon motion duly made and seconded , it was voted to sign the contract awarded to A. R. Belli , Inc. , for streets, drains and sidewalks , subject to the vote of the Board on October 20, 1969 regarding Grassland Street The Chairman said that the decision will be held on Vaille Avenue until Monday, October 20, 1969. Upon motion duly made and seconded , it was voted to adjourn at 9:02 P M. A true record , Attest : Executive Clerk, Sal ctmen cJ 445 SELECTMEN'S MEETING October 20, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, October 20, 1969 at 7:30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel; Mr. Gray, Executive Assistant ; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer; and Mrs McCurdy, Executive Clerk, were also present Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Com- pany for the location of a pole on Gleason Road. Notices of the hearing were mailed to the peti- tioners and owner of the property as listed on the petitioners ' plan, and also filed with the Town Engineer. Mr. Pratt, representing the Boston Edison Compnay, said that this petition is for the relocation of a pole Pole out of a driveway and moving it 2 feet off the property Locations line at 63 Gleason Road. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company and the New England Telephone Company for the following location: Gleason Road, northeasterly side, approximately 187 feet southeast of Simonds Road, 1 pole (1 existing JO pole to be removed ) Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from Transfer the Reserve Fund to the Health-Engineering Account #3385, in the amount of $300. Mr Gray informed the Board that a letter has been received from Attorney Conroy stating that in his previ- Kitchen ous correspondence with the Board , he had indicated a Subdivi- need for a commitment to satisfy the Planning Board but 'ion has received oral assurances from the Board of Selectmen that the sewer will be extended . He asks that we con- tact the Planning Board and give them the guarantee they require so that he can get subdivision approval. Mr Gray said that we gave no assurance that the sewer will be extended for the subdivision 446 The Chairman instructed Mr. Gray to write to Attor- ney Conroy again and reiterate that we will consider this request when all sewers are discussed . Mr. McSweeney informed the Board that fifteen bids had been received for the sewer construction on Lowell Brentwood Street and the Ridge Estates . He requested the Board Sewer to award the Contract to the lowest bidder, Brentwood Contract Construction Corp. , 47 Albany Street, Brockton, in the amount of $63,781.88 Upon motion duly made and seconded, it was voted to award the contract to Brentwood Construction Corp. , in the amount of $63,781 88 Mr. McSweeney said that he had informed the Board at the last meeting of the request of Mr. Dunlap of 225 Waltham Street to pay the 1931 rate of $251.29 to con- nect to the sewer, instead of the current rate of $1381.75. He had talked with Mr Dunlap and informed him that he would have to paythe current rate. A ser- vice connection would cost $15 from the manhole to the property line and it would cost another $1,000 to go to Dunlap his property. Sewer The Chairman asked if, ordinarily, he would have to Pay $415? Mr. McSweeney replied, yea ; we don't have to build a thing. Mr . Mabee asked if it mattered to him or the Town whether it is built on an angle? Mr. McSweeney replied that it doesn' t Mr Kenney said that this is along the front of his house and the average person does not pay that. Mr. McSweeney said that this is an estimated coat and if it is less, he is refunded the 'money; this is because of the pavement and the length of the cut. Mr. Mabee asked why he hadn't been charged better- ments; he could have tied into it in 1931. The Chairman said that he could have fought the betterments and could have won. Mr. Kenney asked if, because it is directly down in front of his house, he is paying because of the angle. Mr. McSweeney said that he is paying the difference of $100 to $150. Technically, the manhole doesn! t come up perpendicularly to his property The Chairman said that we are going to base his charge on $251 29 and the current figure is $1381 75; he is going to have to pay something beyond $251.29 He asked the Board ' s feeling? Mr. Greeley disqualified himself because of a fam- ily connection. Mr Kenney said that he hesitated to charge the 447 full $1381.75 One thing is , on the $415, if the sewer is going in, that charge will be already less . The Chairman said that on the actual cost, he will be refunded. Upon motion duly made and seconded, it was voted the charge to Mr. Chesley M Dunlap, 225 Waltham Street, will be $816 , in lieu of betterments . Mr Greely abstained Mr Richard Zimmerman of the Lexington Cab Company met with the Board . He said that the Board has voted some stiff license fees , from $1 for the taxicab to $15 and from $1 to $5 for the driver. Boston is charging $10, Belmont, $2 and Arlington $3. The Chairman pointed out the cost to process an ap- plicbttion and the final issuance of a license. We have many applications from people who are not interested in driving any length of time. This procedure is costing us from $25 to $50 to issue the permits . Mr. Zimmerman said that it is putting him under a strain. One fellow applied at the Police Station and they lost the application; when he filled out another application, it cost him 5 as the fee had been raised. He felt that it would create a dangerous precedent . An increase is warranted and suggested going in between, Taxi $5 for the cab and $2 for the license Fees The Chairman asked if he had some specific requests? Mr. Zimmerman asked about having a stand et the Shopping area at the Banboo Hut? The Chairman said that you make a request to us and we, in turn, give it to the Traffic Committee. Mr. Zimmerman said that the rate structure is in- adequate; we are not making money Our rates are lower than Newton, Wellesley and Concord and they should be higher. They are now 75e for the first mile and 101 for a fifth of a mile If we go from North Lexington to Great Road, we travel three miles up and go one mile; we travel eight miles to take in 75e; on 91/21 a mile, you couldn't operate your car. Our drivers must have more money as they do not average the minimum wage per hour; it is difficult for us to operate. During a 45-day period, we lost 49 drivers ; we operate what we consider the best taxi service in Massachusetts, the best equipped and the best drivers ; we want to main- tain that. Two years ago when we came in here, we got a good part of what we asked for. We would like to ask for 601 for the first half and. 10' for each addi- tional eighth of a mile. The Chairman said that the first mile would be $1. We will take your request under advisement . 44S Mr Zimmerman retired from the meeting Mr Gray was instructed to look into the charges of the surrounding towns , check the new location and take the matter up at the next Traffic Committee meet- ing Upon motion duly made and seconded , it was voted Transfer to request the Appropriation Committee for a transfer from the Reserve Fund to Health-Engineering Account #3385, in the amount of $300 Water Upon motion duly made and seconded , it was voted Assess- to sign the water betterments for Meadow Brook Avenue ments and Wellington Lane The Chairman read a letter from Mr. Worrell of the Planning Board, suggesting that the Selectmen con- Cedar sider inserting a sidewalk article in the Warrant for Street the 1970 Annual Town Meeting for the section of Cedar Street between Massachusetts Avenue and Hill Street It was agreed to inform Mr Worrell that as soon as plan of Cedar Street, including the sidewalk, is prepared by the Town Engineer, a meeting will be scheduled with the residents of Cedar Street to dis- cuss the street . Appointment of the Hunting Committee was dis- cussed . Mr. Cataldo was willing to serve and it was Hunting agreed to write to the Conservation Commission and Committee the Recreation Committee and request that a member from each be appointed . Upon motion duly made and seconded , it was voted to appoint Robert Cataldo a member of the Hunting Com- mittee Mr James Mazyck and residents of Vaille Avenue met with the Board . Vaille Mr. Mazyok said that the purpose of the meeting Avenue is to discuss the proposed plan of construction of a Hearing paved street and sidewalk on Vaille Avenue from Reed Street to the existing paved section of Vaille Avenue The Chairman said that we have received calls from a substantial number of citizens of the Town say- ing that you had called them and said that the Board of Selectmen was less than cooperative and this is not the truth; I feel strongly about the way we operate and the cooperation you get here; I don't think it was fair for you to give that impression. We are accept- ing, your letter of October 14 requesting a hearing as an appeal, although it is not in proper legal form. Hi 4 9 Mr. Mazyck said that we are here to discuss a rea- sonable and equitable solution to the construction of the sidewalk. We are faced with the proposed install- ation of the sidewalk on the side to benefit the fewer number of houses ; we don't know what the provision of the Town would be to maintain it for snow removal; we feel there is inequity in that the fewer number would be burdened with the installation of the sidewalk and maintenance during the winter. Ithe sidewalk.per se is to benefit the pedestrian` traffic, w¢ don' t think it would as residents would have to cross the street to use the sidewalk. A solution to the problem of pedestrian vs vehicle would be to make a bump in the road and have it come onto Reed Street at an angle in front of 28 Reed Street . Our feeling is, our request is to see the street installed and paved without the sidewalk, realizing that if it is installed later it would be at a higher cost than now. The Chairman said that you realize that, legally and technically, is the hearing to give permission to cut the trees or not? Mr. Mazyck said that we had a hearing and Mr. McSweeney and representatives met with us and we felt we saved a maximum of trees . The Chairman said that the Engineering Depart- ment did this to save the trees . Mr Mazyck said that their proposal was to save the trees . Mr Greeley said that he didn' t get the connection between the bump in the road and this Mr Mazyck said that Vaille Avenue approaches Reed Street downhill; with a new paved section et a 45o angle it might precipitate accidents ; with the street approaching and the sidewalk on the proposed side, we have the fact that traffic would travel along exceed- ingly fast . The Chairman said that he thought all of the ob- jections were basically for the cutting of the trees . Mr . Mazyck said that they were originally, but in talking with the neighbors , there was strong feeling for the sidewalk and the laying of the street The Chairman said that you are saying the neigh- bors would like it on the opposite side than where proposed? Mr Mazyick said that Mr. McSweeney said that the plan may have to be redrawn The Chairman asked if the sidewalk was moved to the other, would these people accept this? Mr Mazyck said that there are people here to- night in favor of it . 0 Mr. Kenney asked how many trees would be involved if the sidewalk is moved to the other side? Mr. Mazyck replied that there are more trees to be taken down; some of the abutters on that side feel they are diseased or old and it would be far better without them We realize at this late date this change would require redrawing of all the plans and might delay the street, which is not something we want; a compromise is to suggest the construction of the street, without the sidewk. - The Chairman asked if anyone was in favor of Mr. Mazyck' s position of deleting the sidewalk? Recorded in favor of deleting the sidewalk; John Whalen, 28 Reed Street; Mr. and Mrs . James Craig, 36 Reed Street; Mrs Leonard Burnt, 6 Vaille Avenue The Chairman read a petition signed by the resi- dents of Vaille Avenue which stated that the plan as submitted by the Town Engineer was to have the side- walk constructed on the odd numbered side of the street in order to lose the least number of trees possible. They hope that this plan will be adhered to and also urge that the street be reconstructed as soon as possible They feel that the delays already encountered are beyond the realm of reasonableness and urgently ask the Select- men to act immediately. The following signed the petition: Mr. James E. Day Mrs . Donald C Gray Mrs . Leota G Day Mr D C. Gray Mrs Robert P Jackson Stanley G. Phillips, Jr. Robert P. Jackson Janet G Phillips , George W. Tarbell Donald K. Maher Gertrude E. Tarbell John S. Beebe Violet M McKenzie Ruth S Beebe Malcolm F. McKenzie Eleanor R. Delfino Lillian M. Cumming Conrad F. Delfino Hazel M. Barry James J Lima Clarence W. Barry Martha J. Lime Harry M Hogan Leila A Roecker Beulah G. Hogan Dorothy Simpson Walter F Pennell J M. Cronin Helen C Pennell Mr. Cronin of 49 Vaille Avenue had previously written to the Board in opposition. No one else appeared in favor or in opposition and the chairman declared the hearing closed Later on in the meeting, it was agreed to include Vaille Avenue as laid out in the contract Upon motion duly made and seconded, it was voted to include Vaille Avenue in the street and sidewalk contract as recommended and laid out by the Town Engineer. 451 The Chairman informed the Board that the residents of Grassland Street had met with the Board last week and a decision has been delayed until the full Board was in attendance. Many of the people on Grassland Street want it constructed with a 24' pavement . We in- formed them that although we signed the contract, any changes would jeopardize the street . Grassland Mr Kenney said that as he understood it, if the Street street was jeopardized, they prefer to go along with the plan but if we delete the sidewalk they would be pleased . After discussion, it was agreed to proceed as de- signed . Upon motion duly made and seconded , it was voted to proceed on Grassland Street as designed by the Town Engi- neer The Chairman read a letter from the Planning Board in reply to our letter to them regarding a petition re- ceived from the residents of Bedford Street objecting to the construction of the Friendly Ice Cream Shop. The Planning Board recommendation, basically, is for a rezoning change, making it mandatory to provide parking spaces . We should take a look at it once more. Mr Greeley said that he was strongly in favor of the rezoning amendment. Friendly The Chairman said that we also referred 1620 Massa- Ice Cream chusetts Avenue to the Planning Board ; it is in the general business district The Planning Board lists the possibilities that the property could be acquired for municipal purposes or as housing for moderate income 1620 Mass. families ; or sell it back to the present owner with a Ave stipulation prohibiting the removal of the building. Rezoning Also, that the property could be rezoned to RS but there is a question whether Town Meeting would vote the re- zoning and the resulting reduction in the value of the property without compensation to the owner. Another pos- sibility would be to impose a requirement, applicable to the entire CB central business district, that a certain portion of a lot must be reserved for parking and yards Mr Kenney suggested rezoning and compensating the owner. The Chairman said that we can't rezone and reimburse them This is basically the same as the corner of Lowell and Woburn Streets ; the Planning Board recommended we re- zone that but Town Meeting turned it down. We could buy it We should keep this in the Town Meeting file. Mr Greeley asked Town Counsel for his comments . Mr Legro said that on buying it for moderate income housing, he didn't know of any authority in the Town to provide for low income housing except the Housing Author- it, for public purposes and authorized public purposes . 452 Mr Greeley said that he was in favor of rezoning but was not sure that is the complete answer on 1620 Massachusetts Avenue The Chairman asked if be would answer affirmative- ly if it were brought up or affirmative to support it? Mr Greeley answered, both. The Chairman said that his feeling was either buy 1620 Massachusetts Avenue for some purpose or leave it as it is . Mr. Greeley couldn't see buying it. Mr Kenney didn't advocate buying it without some specific purpose Mr. Mabee said we should discuss it with the Plan- ning Board, among other things, prior to Town Meeting. It was agreed to discuss these two items with the Planning Board before Town Meeting. The Chairman read a letter from Mrs Soule, stat- ing that the American Field Service is going to conduct a money raising event on November 7 and requests per- Permit mission to use the United Nations flags in the center. Upon motion duly made and seconded, it was voted to grant permission to the APS to use the United Nations ' flags in the center on November 7, subject to the condi- tions of Mr Mazerall The Conservation Commission met with the Board Mr Brown said that there were three items to dis- cuss . One was Whipple Hill They are laying out a management plan for their Conservation land They wanted to know what our thinking was in developing Town-owned land bought for other purposes The Chairman said that it is the Board' s feeling to Whipple develop a master plan of the total area, taking into Hill consideration layouts to separate the area at a later r4�tJ ,��` date, if necesssary; also, it is the Board 's feeling rthat before any plans were finalized, to discuss them with the Recreation Committee. Mr. Brown said that another item is, the Planning Board came in last week about an additional person; the Housing Authority also supports the request We would like to add our plaudits to that suggestion as we have a lot of paper work and have no executive help to accom- plish this . The Chairman said that we have informed Mr Zaleski to come before us when we discuss the budget ; we will then consider it Mr Smith asked if the Board wanted them to put in an item for a portion of the expense; be wouldn't want the entire expense in the Planning Board budget ["d 4e)e� The Chairman said, that if approved, let the Board decide bow to budget it Mr. Kenney suggested that they back it up with good statistics ; we are not looking toward hiring new people. Mr. Brown said that for several years, a bill has been filed in the Legislature for bipartisan support for existing wires to be place underground and if the Town elects to adopt the provisions, the utility com- panies shall spend not less than 2% of their gross revenues from such town and may place a 2% surcharge on its bills, or 50 a month for the average house and the Electric Company agrees to undertake a regu- larly planned program There are advantages to this as electric wires come down and ruin the tteest, Lots rtith buried wire bring considerably more than those with overhead wiring It will take a few decades to finish the program. It will cut down on the death toll with Under- people going into poles . We urge you to take the posi- ground tive aspect that some day wires will all be buried and Wiring to consider putting an article in the Warrant that Bill wires will be buried . Mr. Greeley asked if the Act pays any heed as to who bears the cost of street lighting where the wires are put underground? Mr Sussman replied no. Mr. Greeley said that we probably would pay for the cost of the light standards . The Chairman said that it is $110 for just the pole and the light; wooden ones are $1+0; we are talking sub- stantial monies . Mr. Sussman said that perhaps the Electric Company is being unfair to us; we might try twisting thir arm. The Chairman said that we took the approach after the last Town Meeting to ask what the difference would be to buy our own poles . They said, fine, but they feel our costs would be greater; we would have to wire and maintain and it could cost between $500 and $600 without the fixture Mr Greeley asked if they pay taxes on these poles? The Chairman said that the utility assessment in Town is close to $10 M; it is an overall package. The Planning Board has made a report to us and we intend to look into it as we would like to have an evaluation made Mr. Greeley said that when the Act become effective, Town Meeting has to vote. r 454 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 securi- ty, the financial interests of the Town or the repu- tation of a person After discussion of matters of financial interest to the Town it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:37 P.M. A true record, Attest : Executive Clerk, Selectmen I \� 455 SELECTMEN'S MEETING October 27, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, October 27, 1969 at 7:30 F.M Chairman Cataldo, Messrs . Mabee, Kenney, and Bailey were present. Mr Legro, Town Counsel; Mr Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works ; Mr. McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present At the request of the Town Clerk, three jurors were drawn as follows : Charles L May, Jr 12 Briggs Road John J. McDonald , Jr. 18 Baker Avenue Jurors Frederick Rodd 25 Swann Lane Mr. Legro requested the Board to sign the contract awarded to Brentwood Construction Corporation on October 20, 1969 for sewer and storm drains , in the amount of $63,781.88 Brentwood Upon motion duly made and seconded, it was voted to Contract sign the contract for sewer and storm drains awarded to Brentwood Construction Corporation, in the amount of $63, 781 88 . Mr Legro informed the Board that he had met with the Town Office Building Committee and Mr. Dean, Archi- tect . We had a good session and Mr Dean conceded on many of the points Mr. Kenney said that Mr Dean agreed to a limited redesign and would so redesign at no extra charge, if the bids come in too high. However, he wished to limit the area of redesign to the $708,000 estimate, plus a 10% contingency; anything beneath which he would have no redesign responsibility. Mr. Dean would also like Town the $708,000 estimate increased by $11,000 to cover an Office increase in the size of the building and the extra work Building involved. We ask the Board to give us the latitude to increase this estimated cost by $11,000 if it will be necessary in our final negotiations with Mr. Dean. Mr. Legro said that I am to inform Mr. Dean of the Board ' s approval as to content. Mr. Kenney said the contract for the architectural services is in the amount of $48,000 minus a credit of $3,000 for work done and paid for in connection with 45b the original proposal presented to the Town Meeting. In addition, the Board authorized Mr. Dean to prepare the plans to make application for federal reimbursement on the proposed emergency operations center at a cost of $800. The Chairman said that it is the feeling of the Board to proceed; we approve the form and the content . Upon motion duly made and seconded, it was voted to approve the form and content of the contract with Perry, Dean & Stewart for Architect' s services for the Town Office Building. Mr. Gray informed the Board that two letters have been received from the School Committee regarding the acquisition of land. One letter states that the School Committee would still like to have the Woburn Street School Land site so that when and if expanded junior high school Acquisition facilities are needed , the Town will have suitable al- ternatives to consider. The other letter states that two sites will be required for replacement of Hancock, Monroe and Parker elementary schools and one site should be reserved for a possible junior high school after Muzzey has been phased out ; in addition to the school now being planned . The Chairman asked if anyone knew how much land they want? Mr Gray replied , only the original plan of some 20 odd acres The Chairman said that our direction should be to have appraisals made and ask for some money Mr. Gray said that we have appraisals but they should be updated . It was agreed to update the appraisals . Mr Gray informed the Board that an abatement of $816 for sewer assessment had been voted on October 20 for Chesley M. Dunlap. Mr Dunlap has informed us that iOa'lsp he does not want to connect to the sewer Ae9daament Mr Gray was instructed to write to Mr. Dunlap, in- forming him that the assessment of $816, in lieu of betterments, will only be effective until December 31, 1969; if Mr. Dunlap wants to commit 'himself for the sewer, he doesn't have to have it installed until spring or early summer of 1970. Mr Gray submitted a list of insurance agencies that Insurance are eligible to participate in the dividends ; 50% for the Agencies agency handling the account and 50% to be divided among nine agencies . 45 IUpon motion duly made and seconded, it was voted to accept the following list of insurance agencies to participate in the distribution of the commissions on the Town' s insurance schedule, as follows : Brewer and Lord , 50%, and 50% to be distributed to: Bartlett Insurance Agency John D Beckwith W.S Couett Fred Hersom MacNeil Insurance Agency Milton F Hodgdon J. Quinton Rush Northwest Insurance Agency Otis Brown Insurance Agency Mr Kenney asked Mr. Gray to look into the possibil- I ity of having this money in future years returned to the Town in the form of lower premium charges . Mr Gray said he would discuss this with Brewer and Lord Mr. Gray said that a letter had been received from Yale Altman, 10 Marshall Road, stating that he did not accept the decision of the Board of the award of no dam- ages in connection with a sewer easement on his property Altman Mr. Gray and Mr McSweeney are to look into it and Easement report back to the Board i Mr. Gray reported that he had talked with Mrs . Collins of Hill Street. Her husband has been away and she wanted to discuss with him the decision of the Board Collins ' to award them $500; Mrs Collins is to call Mr Gray at Easement a later date. Mr. Gray said that Mr Mazerall would like to remove the trees in Lexington Center end place them in a nursery. He asked if the Board had any objection? The Chairman aakdd if it is definitely going to be designed and all ready by next spring? Mr McSweeney replied in the affirmative. Lexington The Chairman asked if Mr Mazerall is going to put Center the trees back in the summer? Trees Mr. Gray said that he is going to put them in a new location. It was agreed that Mr. Gray is to discuss the re- moval of the trees with Mr Mazerall. Mr. Gray said that he had talked with Mr. Jaquith regarding the demolition of the barn on the Douglass property. He asked for permission for a hearing to de- Douglass molish the building to be held on November 19, 1969. Property The Chairman asked Mr. Legro if we condemn the building, do we have to go through a hearing. 4 Mr Legro said that the Historic Districts Commis- sion would have to have a hearing. He would be glad to look into the matter. He said that the Board could make a determination to demolish the building as it is open to the weather, delapidat4d and dangerous . Upon motion duly made and seconded , it was voted to condemn the building on the Douglass property at the rear of Massachusetts Avenue Mr. Gray informed the Board that he had sent them Taxi Fees copies of taxi fees in surrounding towns He recom- mended that no action be taken until the Traffic Commit- tee meets The Board agreed Mr Gray informed Mr Kenney that the Traffic Com- Mass . Ave. mittee is going to discuss the intersection of Massachu- Worthen Rd . setts Avenue and Worthen Road at the meeting to be held on Wednesday, October 29. Mr. Osborne and Mr. Simpson of the Peacock Farms Association met; with the Board . Mr. Osborne said that the purpose of the meeting is to present plans for the landscaping of the traffic loop Peacock at the intersection of Route 2 and Watertown Street . At Farms a previous meeting with the Board, it was agreed that we Route 2 would make out a plan and review it with you and then present it to the State DPW. We have retained John Frey of Mason and Frey to look over the problem of visual and acoustic screening between the loop and the houses ad- joining it We have approved the plan, as submitted by Mr. Frey and would like to present it to the Board The DPW has told us that they are waiting for some initiative on your part . The Chairman said that is not the case. We have been in touch with the Commissioner several times and we are waiting for him Mr Simpson said that his understanding with Mr. Richardson of the DPW was that we were supposed to come up with a plan that had the joint approval of the Select- men and us He is delaying the progress on his own plan until this plan is jointly approved The Chairman said that at our last meeting with the Commissioner, we discussed the project and he said that as soon as they were ready with the project, he would call us . We will have our Public Works Department take a look at the plan and come back to us . Then we will contact Commissioner Ribba and sit with him and Mr. Richardson. Mr. Osborne and Mr. Simpson retired from the meeting 459 Mr. Burke informed the Board that four bids have been received for the resurfacing of Massachusetts Avenue from Route 128 to Cedar Street, under Chapter 90 maintenance. Massachusetts Broken Stone Company of Weston was the lowest bidder on five items as follows: Item 1 - For about 600 tons of street surface course bituminous concrete Type 1 fur- nished and laid . $ 8.65 per ton. Item 2 - For about 50 tons of driveway and walk transitional area surface course, bi- tuminous concrete Type 1 furnished and laid Resurfacing $18 55 per ton. Mass Ave. Item 3 - About 22 manholes adjusted to grade. $40.00 each. Item 4 - About 13 catch basins adjusted to grade. $40.00 each. Item 5 - About 14 water boxes adjusted to grade. $20 .00 each. Mr Burke recommended that the contract be awarded to Massachusetts Broken Stone Company. They propose commencing on November 10 as the work has to be com- pleted by November 15 for Chapter 90 funds . The Chairman said that he thought we were going to consider Chapter 90 and Chapter 616; why reseal now when we were supposed to put the sidewalks in part of this section this year? Mr. McSweeney said that we filed Chapter 616 money for Worthen Road although we knew we didn' t have enough money to go the whole distance The Chairman said that he thought the sidewalk at Estabrook Road was on a temporary basis . Mr Burke said that this contract would have to be awarded next week as they have to start on November 10. Mr. McSweeney suggested transferring Chapter 519 funds . It was agreed that Mr Burke and Mr. McSweeney will look into this matter and report to the Board on next Monday evening. Mr Burke reported to the Board that two tree Public Works climbers had resigned last week. There is one man in Employee 46(® the department who is interested in the work and is presently classified as a laborer, W-2A, Step B, $2.74 per hour. He recommended that the man be raised to a tree climber, W-4, Step A, $2.89 per hour. Upon motion duly made and seconded , it was voted to accept the recommendation of the Superintendent of Public Works to reclassify one laborer, W-2-A, Step B, to tree climber, W-4, Step A, at the rate of $2 89 per hour. Mr. Burke informed the Board that, in September, a contract was awarded to Zani Excavating Co. for the construction of two tennis courts, in the amount of $13,300. As in many contracts, there was a subcon- tractor involved, who was located in Connecticut and must be certified to work in Massachusetts In Sep- tember, a verbal quotation was given to Mr. Zani for $3400 or $3500; on October 20, a written quotation Tennis was received for $3440; on October 21, another quo- Courts tation was given for $6575 It appears that Zani will not be able to fill the contract unless he can get an- other subcontractor to do the paving. Mr Burke said that he was expecting a letter from 2ani' s attorney which, unfortunately, he hadn't received as yet . He suggested that the Board might want to rescind the vote of September 22, 1969, awarding the contract to Zani Excavating Company and hold the $500 check, which was a bid deposit, as a penalty. We can rebid this during the winter and get a contract out in the spring. The Chairman asked Mr. Burke to report the status of this to the Board on next Monday evening, after you have received the letter from Zani' s attorney We may have no other alternative recourse but to rescind the vote. The Chairman read a letter from the Housing Author- Housing ity which stated that present indications are that the Authority number of eligible applicants for Senior Citizens Hous- ing cannot be met by the existing available facilities . To serve this need, the Housing Authority believes ad- ditional facilities should be constructed in the next two to three years; a minimum of forty units would be required. Therefore, the Housing Authority requests the Board to consider the need for Senior Citizen Hous- ing when planning or discussing any changes in land use within the community. Mr. Gray was instructed to write to the Housing Authority and inform them that the onus is on them; they have to find a site 461 `v, The Chairman read a letter from Mr. Woodward , re- questing t� that the Board consider tha possibility that the 4-H Club and Lexington Light Horse Club have the use of the former Hennessey land for a permanent horse Hennessey ring and the use of the stable. Land It was agreed that Mr Gray is to meet with a representative of the 4-H Club and the Lexington Light Horse Club to discuss their proposal and , also, to have a member of the Recreation Committee at the meet- ing. The Planning Board met with the Board . Mr. Lund said that they would like to discuss the Drummer Boy and our necessity for keeping the right-of- way. We are recommending that the right-of-way be provided for the jug-handle on Bedford Street so that, eventually, access would be provided. There is a traf- 4 fic problem and we think the intersection needs to be resolved, especially in regard to TOPICS Mr. Graham recommended that a meeting be held with the State to discuss the possibility of that intersec- tion being handled under the TOPICS program. Mr. Lund said that, at the present time, we think Drummer the possible exit and entrance to the Drummer Boy sub- Boy division should be at Winter and Eldred Streets but don't think it should be built until the intersection problem has been resolved . The Chairmen asked if the intersection, itself, will have a bearing on the Drummer Boy land? Mr. Lund replied in the negative . The Chairman said that we did not want this re- quest to interfere with the request for the direct ac- cess for Route 128. It is the State' s position that they didn't have money to pay for it and turned it down. I asked them to re-submit it on the basis of " is this engineering design feasible?" They are supposed to an- swer us within two weeks . Once we get this answer, we can then discuss the intersection. It was agreed that the Board would hold considera- tion of the Bedford Street intersection to be handled under the TOPICS program until an answer is received from Commissioner Ribbs on our request for direct access to Route 128. The Planning Board retired from the meeting The Chairman read a letter from the ABC regarding ABC Vets & the rules and regulations for Veterans ' Day, November 11 Thanksgiv- -i and Thanksgiving Day, November 27, 1969. Ing Day Upon motion duly made and seconded, it was voted to notify the Package Goods Stores to remain closed on November 11 and November 27, 1969; Motels and Clubs may serve liquor during the usual hours . Sewer Upon motion duly made and seconded , it was voted Order to sign the Order for Construction of Sewer on Winter Winter St. Street, from Morris Street to Marvin Street . The Chairman read' a letter from Commissioner Ribbs regarding our letter for a fence at Baskin Play- ground and Route 128. The letter states that fencing I Baskin was installed along Route 128 during construction, in Playground accordance with the land use at that time. Changes in fence land use after the highway construction which requires changes or the addition of fencing must be considered the responsibility of the owners . Accordingly, the fencing at the playground would be the responsibility of the authorities who developed the playground . It was agreed that Mr. Gray is to talk to the Recreation Committee and if there is enough money for a fence, to come in with some bids . The Board discussed the Town charges . The Chairman said that there is no charge now for Drain drain connection permits . He suggested a charge of $25. Connection Upon motion duly made and seconded, it was voted Charges to charge $25 for a drain connection permit Upon motion duly made and seconded, it was voted I St Opening to charge $5 00 for a street opening permit . Dump It was agreed not to discuss dump permits . Street Construction and Water Main Construction betterments were discussed. Betterments Upon motion duly made and seconded it was voted for Street that the property bettered by street construction and and Water water main construction will be assessed on the follow- ' Main Construe- ing basis : One-third by the Town, and one-third as- tion sassed against the property bettered on each side of the street. The average cost of street or water con- struction over the past three years will be used as a base in the determination of the amount of the better- ments . Sidewalk Construction Betterments were discussed . Sidewalk Upon motion duly made and seconded , it was voted Betterment that the charge is to be $1.50 per foot, according to Chapter 83„Section 26, the rate set by the Selectmen is not to exceed one-half. 4flP 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 recur- Session ity, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10:15 P.M ( A true record, Attest : C,a Executive Clerk, Selectm n 464 SELECTMEN'S MEETING November 3, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, November 3, 1969 at 7:30 P.M. Chairman Cataldo, Messrs . Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel; Mr. Gray, Executive Assistant; Mr Wenham, Assistant Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs . McCurdy, Executive Clerk were also present. Mr. Gray requested the Board to approve the request for a transfer of $1,000 to the Police and Fire Medical Transfer Account #1125; a fireman had been injured during the year and medical expenses have been very high; another injured fireman is still going back for checkups . Upon motion duly made and seconded, it was voted to request the. Appropriation Committee for a transfer of $1,000 to the Police and Fire Medical Account #1125. Mr Gray informed the Board that the sale of tax title lot S3 Valleyfield Street, Assessors ' Map 24, has been advertised and two bids have been received . The ad stated that the condition of sale was that it must be combined with an existing lot and not used as a separate building lot One bid was received from Anthony P Luongo, 42 Valleyfield Street, for $1500; he felt that this is a fair bid as the betterments would Tax Title be approximately $859 and Land Court title cost would 53 Valley- be approximately $700 or $800. Mr. Luongo is an abutter field St. and has a 50 foot lot and would like to buy this 50 foot lot because he would like to add to his land and, per- haps, add a garage to his house. The other bid was from Mr. and Mrs Edward Domings , 37 Valleyfield Street, for $2,000. Mr. Kenney asked if it was a level lot? Mr. Gray did not know Mr. Kenney asked if the Assessors have put a value on this? Mr. Gray said that they don' t do tax title lots Mr. Kenney asked Mr. Gray to find out what the valuation of Mr Luongo' s lot is and to see if this lot is comparable to his Mr Mabee asked why Mrs Domings would bid on a lot if she knew that the condition was that it must be com- bined with en adjoining lot. 465 Mr. Gray said that Mrs Domings had indicated to him that she had bid on this lot previously and all bids had been rejected She knew about the conditions as advertised, at that time, Mr Luongo' s lot was va- cant, but still granted to put in a bid Mr Kenney asked how big the lot is? Mr. Gray said that it is 15,180 feet; 288 feet on one side and 214 feet on the other, with a 50 foot frontage Mr Kenney said that we are selling this at ten cents a foot. If I think the price is too low, I wouldn't sell it to him; he must pay what we consider to be a fair price. The Chairman asked him what he considered a fair price? Mr. Kenney didn't know. Mr Greeley said that if Mrs Domings bids more than Mr Luongo, we should explain this to her Mr. Gray said that he had explained it to her. The Chairman said that he would look at the lot. Mr Gray was instructed to talk with Mrs . Domings and ask her where her lot is ; to find out what the ad- jacent property is sold for as this is a good indication of what the land is worth in the area Mr. Gray informed the Board that the building at the rear of the Douglass property will be torn down to- morrow Douglass The Chairman asked him if he had set up a traffic Property pattern and parking conditions? Mr. Gray replied that there is a traffic pattern set up as an exit and entrance at Clarke Steet Mr Gray reported to the Board that he had dis- cussed the fence for the Baskin playground with Mr Wenham and 150 feet of fencing is needed; the area be- yond , 75 feet to 100 feet out to Route 128 is all swamp. The price to install the fence would be $358 and there are sufficient funds in the Article to take care Baskin of it. Playground Upon motion duly made and seconded, it was voted to approve the installation of 150 feet of fencing at the Baskin playground . Mr. Gray informed the Board that he had written to Mrs Woodward regarding her request to use the former Hennessey land for a permanent riding ring and the use Hennessey of the stable by the I+H Club and the Lexington Light Land Horse Club. 466 He has received a reply from Mrs . Woodward stating that she has referred our letter to Mr. Lloyd of the Lei Club and, also, to a representative of the Lexington Light Horse Club. Mr. Gray said that we will do nothing until we hear from them. Mr. Wenham informed the Board that he had met last week with the plowing contractors and we dis- cussed the new rates to be established. Basically, they are asking for an increase of $4.00 per hour. Last year, on the bigger trucks they received $13 00 and they are asking $17. 00 this year; on some trucks they received $12.00 last year and are asking $16.00 this year; the smaller trucks were $10.50 last year and they are asking $11..50 this year. If the owner furnishes his own plow, they add $2.00 an hour; if the owner furnishes his own helper, they add $2.50 an hour For each 24-hour period, 11 hours will be deducted for breakfast, lunch and supper. This will be in effect on plowing and hauling. No overtime will be paid for any plowing; last year the Town paid an overtime rate of $2.00 per hour between the Snow hours of LE:30 p.m. and 8:00 p.m. On snow hauling, Plowing the Town will pay the Massachusetts DPU rate of the truck when the owner furnishes proof of such. Some of the trucks have a $13.00 rate while others have a $12.00 per hour rate . If a truck does not have proof of the $13.00 rate, he will receive the $12.00 rate, same as last year. The contractors would like the overtime rate of $2.00 per hour be paid on snow hauling from 4:30 p.m. to 8:00 a.m. Last year we paid no overtime for snow hauling. When a contrac- tor is notified to prepare for a storm and later on the weather changes so that the equipment is not used, the contractor will be paid at his normal plowing rate for two hours time . Mr Wenham had checked the sur- rounding towns and the rate for the coming year in Cambridge is $18.00; Newton, $16.00; Watertown, $19.50; Belmont $16.50 and Arlington, $19.00. Mr. Mabee said that the proposed new rate sounds high to him; he was in favor of $14.00 with $ 2.00 per hour overtime. The Chairman asked Mr. Wenham what the attitude of the other towns is on plowing vs hauling? Do they let them haul at all to give them that rate? Mr. Wenham didn't know. The Chairman said that it would make a difference hauling is the gravy. Mr. Mabee asked Mr. Wenham if he and Mr. Burke were recommending these new rates? 467 Mr. Wenham replied, no; he was upset at what the contractors were asking and they said that we need them. I don't go along with the rates; I don' t buy the over- time on the hauling rate. I told them that I would talk with the Board. Mr. Greeley said that one of the things you have to build into the recommendation to us is what you are going to pay to get them. Mr. Wenham said that he had told them that he wasn't happy with it. The Chairman asked if, basically, we would get the same fellows as last year? Mr. Wenham replied in the affirmative; they were all at the meeting, except Mr. Cassella who usually gives us two trucks . The Chairman told Mr. Wenham that he would like to know how many towns have bid; at what range did they bid; what is the setup on hauling; is this just for plowing or no hauling? If we get these answers, we will discuss this matter at the meeting on next Monday evening. Mr. Wenham is to have the information for the Board for next Monday. Mr. Gray informed the Board that Mr. Burke had re- ceived a letter from Walter Burke, Attorney for Donald 111 Zani of the Zani Excavating Company regarding the award of the contract on September 22, 1969 for two tennis courts. Attorney Burke had enclosed copies of two quo- tations which had been sent to Mr. Zani from the sub- contractor, Putnam contracting, Inc. One letter of October 20, 1969 quotes a price of $3,440 "to lay a Zani one and one-half inch layer of Laykold tennis court mix Contract over an asphalt surface prepared and furnished by you. this layer will be spread over the surface of two tennis courts in accordance with Chevron Asphalt specifications. This quotation does not include net posts, nets, fencing or any finish surfacing or resurfacer, color coating or line painting." The other letter received by Mr. Zani from Putnam Contracting, Inc . , dated October 21, 1969, quotes a price of $6,575 and states "We propose to furnish all of the labor and all of the material to lay a one and one-half inch layer of Laykold tennis court mix over an asphalt surface prepared and furnished by you. Over this surface we propose to spread two coats of resurfacer and one coat of wearcoat all in accordance with the specifications . The final coat will be color coat green with one and one-half' white lines painted on the surface." I Attorney Burke ' s letter says "Zani states that as a result of all this he could not possibly perform this contract without a severe financial loss . He, therefore, hopes that the Town of Lexington will be willing to relieve him of his obligation and re- advertise the project for bids." Mr. Legro presented a suggested letter to Attorney Burke and Mr. Zani which states that they have not executed the contract with the Town or the required bond within the ten days after September 22, 1969, the date on which the Board awarded the con- tract to them. Also, that the Town will extend to November 10, 1969 the time within which Mr. Zani may submit in five copies the contract and bond duly executed in prescribed form. There must be full com- pliance with the requirements of the contract docu- ments and all applicable laws of the Commonwealth of Massachusetts. If there is failure to fully comply with the foregoing at or before 4.:30 P.M. on Novem- ber 10, 1969, the bid deposit will be retained by the Town of Lexington pursuant to the invitation to bid and the proposal. The Chairman said that this will give them an opportunity to clarify whether they are seeking to get out from under the contract. Mr. Mabee said that he was afraid that Zani would build the tennis courts rather than default and he will not do a good job Mr. Legro said that Zani is going to give a performance bond. As far as he knew, the contract documents were not sent to him. It was agreed to send the letter suggested by Mr. Legro to Attorney Burke and Mr. Zani. 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 secur- ity, the financial interests of the Town or the reputation of a person. After discussion of matters of financial inter- est to the Town, and interviews for position of Assistant Town Engineer, it was voted togo out of Executive Session and resume the open meeting Mr. McSweeney discussed the Hamilton drain situ- ation on Massachusetts Avenue. He said that he was Hamilton able to locate second-hand pipe for $1.00 a foot and Drain it would be $150 for 150 feet of pipe and our men could put it in; if there is enough pipe available, an additional 250' could be installed to go across to the pipe system, this work could be done with the con- dition that Mr. Hamilton grant the Town an easement. ; 9 Mr. Legro said that if he gives us an easement in the brook, we should go all the way. Mr. Gray said that we will get the easement and pipe this part of it. Mr. Legro asked if there was any possibility that we might flow this land? Mr. Gray replied, no more than before. Mr. Legro said that he might give us flowage rights. Upon motion duly made and seconded, it was voted to install 150 feet of pipe in the land owned by William H. Hamilton, 2045 Massachusetts Avenue, sub- ject to his granting of an easement of the complete area. Mr. Gray requested the Board to award the con- tract for the resurfacing of Massachusetts Avenue from Mass . Ave. Route 128 to Cedar Street, under Chapter 90 ma.inten- Resurfacing ance, to the Massachusetts Broken Stone Company, Contract Weston, Massachusetts, in the amount of $6,000. Upon motion duly made and seconded, it was voted to award the contract for the resurfacing of Massachu- setts Avenue under Chapter 90 Maintenance, to the Massachusetts Broken Stone Company, in the amount of $6,000. Mr. Gray reported to the Board that Mr. Zimmerman of the Lexington Cab Company had made a request for other locations for taxi stands and the Traffic Commit- tee has no objection to locations at East Lexington in Lexington the vicinity of Craft Cleaners, Five Forks, and Hart- Cab Co. well Avenue. We will check out the locations and, after talking with Mr. Zimmerman, Mr. Gray will come back to the Board next week on specific locations and set the rates. Mr. Gray reported that he had received a call from Mr. Flint, the Executive Secretary of Lincoln and they would like a Selectman to attend the meeting on Route 2A November 4. to discuss Route 2A. The Chairman said that he would attend the meeting. Mr. McSweeney discussed the abatement of sewer betterment assessments of William H. Duckham, 2 Dewey Road, and Louis .T. Howard, 4 Dewey Road. He recommended that they be granted abatements with the stipulation Duckham & that if, in the future, sewer lateral is provided that Howard would permit them to connect, at that time a charge in Abatement lieu of betterments will be made. CI () Upon motion duly made and seconded, it was voted to grant an abatement of sewer betterment assessment in the amount of $923.62 to William H. Duckham, with the stipulation that if, in the future, a sewer lateral is provided that would permit Mr. Duckham to connect, a charge in lieu of betterments will be made. Upon motion duly made and seconded, it was voted to grant an abatement of sewer betterment assessment in the amount of $706.03 to Louis N. Howard, with the stipulation that if, in the future, a sewer lateral is provided that would permit Mr. Howard to connect, a charge in lieu of betterments will be made. Sewer Upon motion duly made and seconded, it was voted Const. to sign the sewer construction orders for Diana Lane Orders and Hill Street. The Chairman read a letter from the Recreation Com- Hunting mittee, notifying the Board that Gary Margolius has been Committee appointed to serve on the Hunting Committee. The Chairman read a letter from Attorney Frank Lien on Smith requesting the Board to dissolve the lien on the 157 Lowell property at 157 Lowell Street. and to authorize the Tax Street Collector to issue the proper certificate. Upon motion duly made and seconded, it was voted to dissolve the lien on the property at 157 Lowell Street and authorize the Tax Collector to issue the proper certificate. The Chairman read a letter from the Metropolitan MDC District Commission stating that they have approved Sewer our request to accept 15 feet of 27 inch sewer from Acceptance the Town of Lexington and have it become part of the Metropolitan Sewerage System; the necessary papers will be prepared and sent to us. The Chairman explained to the Board that the Town would save $35,000 for the transfer of this one connec- tion to the MDC. Because of the MDC design, there are two connections at this location and we feel that we should only pay for one . The MDC agreed. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meetings held on October 15 and 20, 1969; the minutes of the meeting of October 27, 1969 were approved as amended . Upon motion duly made and seconded, it was voted to adjourn at 11:05 P.M. A true record, Attest: Executive Clerk, Selectmen v 471 IIISELECTMEN'S MEETING November 10, 1969 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, November 10, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr. Legro, Town Counsel ; Mr. Gray, Executive As- sistant, Mr. McSweeney, Town Engineer; Mr. Wenham, Assistant Superintend- ent of Public Works, and Mrs McCurdy, Executive Clerk, were also present The Chairman informed the Board that a meeting should be scheduled with the School Committee, the Appropriation Committee, Capital Expend- Lexington itures Committee, the Planning Board, and the Permanent Building Academy Committee to discuss the Lexington Academy Property. Property Mr. Legro informed the Board that he had just received, but had not had a chance to review, the Zani Excavating contract for the two tennis courts at the Center Playground; a quick look indicates the wording is not proper under the statute on the payment bond and the insurance certificates are not here Mr. Gray explained that Mr Zani , had been informed by Mr Burke III that the subcontractor, Putnam Contracting Company of Connecticut, must obtain a certificate from the State, indicating that the firm is quali- fied to do business in Massachusetts Mr Zani came in to see Mr. Burke to inform him that he had received a verbal quote of $3,440 from Putnam for the work to be done but the final written quote was $6575. Zani Mr Zani feels that he could not possibly perform this contract with- Excavating out a severe financial loss and hopes that the Town will be willing to Contract relieve him of his obligation Mr Legro said that the letter sent by the Selectmen to Mr Zani gave him until 4 30 P.M today to get the instruments in and failure to comply would result in the bid deposit of $500 being retained by the Town Mr. Gray said that he had talked with Mr. Zani and his new attor- ney today, Mr Zani said that he had not received the letter until last Friday, he plans to go ahead with the contract, when asked if he would get another subcontractor from Massachusetts, he said that he didn't know, but the other one is out The Chairman asked if Mr Zani had signed the contract; Mr Zani wants to go forward with the contract which we have awarded to him. Mr. Legro said that Mr Zani had signed the bond and the form in- cluded in the contract documents; the security wasn't furnished The Chairman asked about the time limit? Mr. Legro replied that the time limit was not filled in on any copy he had. The Chairman said that if we sign, we would have to fall back on III I 4 i this contract to enforce; with no time limit how could we enforce it? We could wait a week; we could let him off the hook and give him his money back; or not give him back the deposit by reason of default Mr. Bailey felt that it would be cheaper for the Town to give him the $500 and get out. Mr. Mabee agreed. Mr Kenney said that, substantially, he complied, we can argue now to keep the money, but he didn't feel that he wanted the courts built by Zani . Mr Mabee agreed Mr. Kenney moved to reject the bid and give back the $500 deposit Mr. Bailey seconded the motion. Mr. Legro said that a vote is needed to rescind the awarding of the contract to Zani . Upon motion duly made and seconded, it was voted to rescind the vote of September 22, 1969 to award the contract for two tennis courts to Zani Excavating Company, in the amount of $ 13,300 Upon motion duly made and seconded, it was voted to return the bid deposit check of $500 submitted by Zani Excavating Company Upon motion duly made and seconded, it was voted to grant per- K of C mission to the Knights of Columbus to serve liquor until 2 00 A.M on New year' s Eve Mr Gray informed the Board that a letter has been received from Steven' s Market on Waltham Street requesting permission to park two trucks in the rear of the store. The Chairman asked how long the time limit is now? Waltham Mr. Gray said that, basically, it is for loading and unloading, Street the police are tagging the trucks now Parking The Chairman didn't feel that permission should be granted to Lot stay there all day but something should be worked out to make it easier for them It was agreed that Mr Gray is to talk with Steven' s Market people to resolve the situation Mr Gray informed the Board that a letter has been received from Warren Hill requesting a permit for a parade on November II , 1969. Permit Mr Gray discussed it with Chief Corr and he has no objection Upon motion duly made and seconded, it was voted to grant permis- sion to Warren Hill for a small parade on November II , 1969 At 8 00 P.M , hearing was declared open in accordance with the provisions of G L Chapter 131 , Section 40, Hatch Act, regarding a Jo-Jen notice of intent to alter certain inland wetlands of the Jo-Jen Realty Realty Trust located at the junction of Marrett Road and Middle Street Robert Cass, representative of Jo-Jen Realty Trust, was present and showed a map of the area 47® ✓ The Chairman explained that the Board will listen to the various comments and recommendations and will then make recommendations to the Department of Natural Resources Mr Fowle, Planning Board, said that they had not received a proper notice of the hearing and have no further information about this, he could not make comments and would like to have time to study it. The Chairman said that we wrote to the Planning Board and we should take into consideration the recommendations of the Planning Board; we will wait for your comments before we write to the DNR Mr Fowle asked if lots 20, 22 and 23 are going to be filled? The Chairman replied in the affirmative Mr. Fowle asked if this lowland drains into the Cambridge or Lexington reservoir, it is his understanding that it drains into the old "res." The Chairman said that it drains in to the old "res " James Koerner, 565 Marrett Road, said that he knew nothing about this hearing until hours ago, he felt there is a better way of letting people know. The Chairman said that we could take the time to notify the abutters but we have used this method of notifying the people by a legal notice in the newspaper. Mr. Fowle asked if someone is going to say what is going to be done by raising or elevating the property? Mr. Cass said that the Planning Board has received the prelimin- ary profile, the existing grade is 244 and it would probably be filled to 246 tapering to 244; the road would be the deepest portion. The Chairman said that the road, itself, will not be in the area. Mr. Greeley asked if they expect to fill the back yards? Mr Cass said essentially, the back yard lots 23 and 22, lot 20 would be the entire lot Mr. Friedman asked if he could describe how much it will raise the level as it now exists? Mr Cass said that the swamp, itself, is going to remain essenti- ally as to some two acres of land which is the swamp, with the exception of the portion I have described, the only thing done to it will be to provide for some drainage trench through it so that the water passes from the beginning to the slightly less at Route 2A, where there is a pipe going under the street; a fairly small portion of the total of 91 ,500 sq ft that would remain open land of what originally was 133,000 sq. ft ; 91 ,000 sq ft will remain essentially as it is. James Jones, 45 Middle Street, asked at what level the three lots would be that are now part of the swampland? Mr Cass said that they would be raised on the average of 2' to 4 feet Mr. Friedman said that it seems to him that those who live on Lincoln Street would be subject to flooding; there are 3' of water in the swamp now with the drains, a raise of 4' might be a difficult thing to handle once it changes the travel area. J4 4 Mr Cass said that the present pipe under 2A appears to be in- adequate; the Department of Public Works is now looking into that. Evidently, whether it is filled or not, that the pipe is going to have to be increased does not have to do with fill ; it is just as inadequate as it now stands A gentleman said that insofar as flooding comes in the spring when the ice is beginning to melt, in the past the drain going under Marrett Road has been blocked and has raised the level quite substantially to a depth of 4' or 5' in the lots that are to be bui It Mr. Cass said that our current information is that the pipe is blocked now Mrs Drew, 549 Marrett Road, asked where does the pipe go be- tween 549 and 547 Marrett Road? Mr Cass said that he was not sure, there is a pipe between the two houses and it is being examined by the Town Engineer. A woman asked if this is both Napoli farms? Mr Cass said that this is what was called the Idlywilde Farm; Joseph Napoli was trustee for Idlywilde Farm and this is not the same as Thomas Napoli A gentleman said that, recently, some excavation work was done from one side of Middle Street to the other; there is a drainage problem on the left side and he wondered if that has been taken into consideration? Mr Cass said that all he knew was between that point where they are actually working and the point at the beginning of our land is the high spot separating the drainage system The Chairman asked if anyone was present in favor of the pro- posal% Hearing none, the Chairman declared that part of the hearing closed The Chairman asked if anyone was present in opposition to the proposal? The following were recorded in opposition Manfred Friedman 176 Grove Street ' Alton Armington 525 Marrett Road Faith Armington 525 Marrett Road David Drew 549 Marrett Road Billie Drew 549 Marrett Road George Devlin 555 Marrett Road James Koener 565 Marrett Road Reginald Hall 84 Middle Street Vaman Bawdekar 322 Lincoln Street James Jones 45 Middle Street Paul Peterson 328 Lincoln Street Robert Decker 52 Middle Street George S and Harriet Silverman 30 Middle Street I 47 r June Hall 84 Middle Street Jane Gharabedian 17 Cary Avenue The Chairman said that our position is, it is strictly a recommend- ation of the Board to the Department of Natural Resources, we do not have the final say The Conservation Commission, Planning Board and the Town Engineer will send us their recommendations and we, in turn, will submit them to the Department of Natural Resources Mr Gray read a letter from the Town Engineer recommending the pro- posal by the Jo-Jen Realty be approved, subject to the condition that all fill to be used shall be clean fill containing no trash, refuse, rubbish or debris. The drainage in this area will be subject to approval under Subdivision Rules and Regulations of the Town of Lexington. Mr George Silverman said that he would like to say the only reason for the opposition is, this hearing is devoted to the particular effects of the inland wetlands and we haven't heard what is going to happen. Having it explained what is going to happen to these waters that are ac- cumulating on the portion of the subdivision, they are not convinced that it would have any effect; most of the people are opposed to raising the level The only recommendation we have heard is from the Town Engi- neer and he would like somebody from that office to explain what the controls are The Chairman said there is no final design of the subdivision, the Planning Board would not approve unless adequate drains are installed and they must be adequate and sufficient to take the surface and road drainage to the "old res " Until there are final plans, we can't tell you what the design is going to be The Town Engineer is saying, if approved he has the final say as to how the drainage system is going to be designed. Mr Cass said that the Planning Board is required by law to hold public hearings and notify by mail all the contiguous property owners and this will be done when all the problems are ironed out, we are com- plying with the requirements of that statute Mr. Silverman is putting the Selectmen in an embarrassing position. Mr. Silverman said you had 30 days prior to the commencement of the work The Chairman said that Mr Cass will submit his drainage system as he has designed it and our engineer will accept or deny it; regardless of other recommendations, our Town Engineer has the last word. The Board will take this matter under advisement and will get recom- mendations from the Conservation Commission and the Planning Board. Mr Fowle said that it would be interesting to me to see why it is opposed, just stating opposition has no great meaning The Chairman said that they will have their say when you have the open meeting We are saying how the water is going to be handled, what will happen to the water as an inland waterway and if we can guarantee that the water won't hurt anybody; this is the intention of the Hatch Act I think we are going beyond the intent of the Hatch Act The Chairman declared the hearing closed ti The Board will await the recommendations of the Conservation Com- mission and the Planning Board Mr Gray informed the Board that last week two bids were received on tax title land on Valleyfield Street and the Board had asked him to do some checking on them One of the provisions was that the lot must be combined with the abutter' s lot Mr Luongo bid $ 1500 plus better- ments and land court fees and Mrs. Domings bid $2,000 Mr Gray had talked with Mrs Domings and had asked her why she would bid on a separate building lot Mrs Domings felt she had a right to bid as she had bid on the 100' lot three years ago and there had been other bidders and the Town had rejected the bid; there were two more lots there that the Town owned Mrs Domings was present and said that whoever bought the 100' lot would take the one next to it In 1965, she had bid on both of Valleyfield them and Mr. Luongo knew this What is to prevent him from being an Tax Title abutter to the 100' lot, he has a much better chance of getting it She bought one lot but we can't build on it because you made that stipulation. The Chairman said that you knew that when you bought it These are lots that were approved for subdivision before our zoning by- law. Mrs. Domings thought that Mrs Hooper should buy the lot, there is a 50' easement next to the house and pipes run through there and you can't build on it Mrs Hooper has the easement on her property Mr Kenney said that last week we were concerned whether or not the price was fair He had walked it and had concluded that $ 1500 plus $800 for betterments was a fair price. It could be, in relation to the stipulation, we should look again; he didn't know about the easement Mr Domings said it may result in another 50' lot Mr Kenney said that we would never allow him to take the other 50' and build on it Mrs Domings asked if we don't get this lot, can you eliminate the stipulation that we can't build on the lot next to us? The Chairman said if she had accepted the deed with that stipu- lation, only Town Meeting can changEit; you have to insert an Article in the Warrant We will take a look at the package and let you know. Mrs Domings left the meeting Mr Wenham said that the Board had approved on October 27, 1969 the classification change of Charles Walton from Laborer, Grade W2- Step A to Tree Climber, Grade W4-Step A, effective October 27, 1969 Public He requested that the effective date be changed to September 29, 1969 Works as Mr Walton would not receive a step raise until April I , 1971 , and he has been climbing for over 6 months and has done a good job Mr Wenham feels that making a man wait this length of time for a step raise is unfair, especially if the man is doing the work expected of him. The amount of retroactive back pay from October 27, 1969 to September 29, 1969 amounts to $41 60 The Chairman said that the Board would be reluctant to vote the money 47 Upon motion duly made and seconded, it was voted to change the ef- fective date from October 27, 1969 to September 29, 1969 for the reclassification of Charles Walton to Tree Climber, Grade W4-Step A Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing deliberating or voting on Executive matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting The Board discussed the Bedford Sewer Contract which was brought to the meeting by Bedford Town Counsel Upon motion duly made and seconded, it was voted to sign and deliver to Bedford the sewer agreement between the Town of Lexington Bedford and the Town of Bedford, dated November 10, 1969 Sewer The Board discussed the aredoMMendation of Mr. Wenham on the snow- plow rates. Upon motion duly made and seconded, it was voted to accept the Snow Plow recommendation of Mr. Wenham and approve the following rates for snow- Rates plows $ 16.00 for plowing and $ 13 00 for hauling and cut the overtime rate of $2.00 off the plowing and just pay the straight rates; to pay $2.00 per hour if the owner furnishes his own plow; $2 50 per hour if owner furnishes his own helper; If hours deducted from each 24-hour period for breakfast, lunch and supper; also, the contractor to be paid for 2 hours stand-by time if called and is not needed. Upon motion duly made and seconded, it was voted to grant the request of the Mystic Valley Gas Company to install a 2-inch gas main Melrose in Melrose Avenue to supply gas to #7 Melrose Avenue, subject to the Ave Gas following stipulations by the Town Engineer Permit I Show existing utilities and edge of pavement on the original plan 2 Install new main in grass plot on the southerly side of Melrose Avenue Upon motion duly made and seconded, it was voted to grant the request of the Mystic Valley Gas Company to install a 2-inch gas main Wallis Ct. in Wallis Court to supply gas to #8 Wallis Court, subject to the fol- Gas Permit lowing stipulations by the Town Engineer I Show existing utilities and edge of pavement on the original plan 2 The permanent patch to extend from the outer edge of excavation to existing gutter. i ' 4Th Upon motion duly made and seconded, it was voted to sign abate- ment forms for sewer betterment assessments for the following, which Sewer were voted by the Board on November 3, 1969 Abatements William H. & Sona J Duckham 2 Dewey Road Louis N & Alice G. Howard 4 Dewey Road The Chairman informed the Board that the Memorandum of Under- standing for Chapter 90 project on Worthen Road for $29,700 has been Chapter 90 approved by the State Department of Public Works. Worthen Rd Upon motion duly made and seconded, it was voted to adjourn at II 05 P.M A true record, Attest �" //7C�c�z X Executive Clerk, Selectmen J 1 4179 ` SELECTMEN'S MEETING November 15, 1969 A special meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Saturday morning, November 15, 1969 at 8 30 A.M. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present; also Mrs Petrie, Acting Clerk A joint meeting of the Appropriation Committee, Capital Expendi- tures, Planning Board, Permanent Building Committee and School Commit- tee was held to discuss the Lexington Academy property Present at this meeting were Austin W Fisher, Jr- Louis A. Zehner Logan Clarke, Jr Richard M. Perry Rudolph J Fobert Levy Burnell Vernon Page Jack Mitchell Eric T Clarke Edward E Furash Evert N Fowle Donald B White Erik Lund Donald M Graham Van T Boughton Bigelow Moore Thomas G Taylor Mr. Logan Clarke said the committee read Mr. Cole' s architect re- port and stated it was beyond the scope of what everyone considered In respect to cost, we all read this on pages 6 and 7 of the report. The Chairman asked Mr Clarke what his position was, to use it as a school? Mr. Clarke answered "nd' The Chairman asked, " is this School Committee vote"? Mr. Clarke replied, no, we will take one at next school committee meeting The Chairman asked about putting this building to another use. Lexington Mr Eric Clarke asked what price was considered if purchased for Academy a school . Mr. Logan Clarke said if we could acquire the building and land for $750,000. These figures appear on page 8 of the architect' s report If we were free to choose a location, this would be it; if the price on structure and land can be brought down to a point of $750,000 The Chairman said this is $200,000 less than the figure recom- mended in the report you would consider Do you need a school within the next five years? Mr Evert Fowle said we could use Munroe and Hancock schools or retire them The Chairman asked if they recommend we offer $750,000 for this school We have to have an answer today Mr Logan Clarke said the answer is "no" today The Chairman responded with that Dan Lynch is anxious for an answer 480 Mr Evert Fowle said to make an offer of $750,000 Mr Logan Clarke said he would like to see us acquire the prop- erty in the best interest of the community The Chairman said that he was opposed to acquire the property for new activity Mr Erik Lund suggested we go back to a price which we can acquire The Chairman said we should then make an offer of $750,000 or half a million. Mr Furash said the Appropriation Committee says unless for school use it should not be acquired Dr. Rudolph Fobert said the need for a school is not justified but in two or three years this may change Mr. Bailey said an offer of $300,000 and see if this figure will be accepted at Town Meeting Mr Logan Clarke said he cannot draw a picture of need right now Mr. Greeley said the report seems to say there is no sense of trying to use this for junior high problem Mr. Logan Clarke said this building is not to be used for a junior high school . Mr. Eric Clarke asked if it was possible to use it for Town Of- fice building until the school department needs and wants it. The Chairman answered "no',. Mr Eric Clarke said considering the future population of the town, with possible new low or moderate housing, 1 ,000 families or more will be coming in and there will be more children. Mr. Evert Fowle said we should make an offer for this property as it is very desirable The Chairman said setting it up for town offices, temporarily, is not worth it Mr. Evert Fowle said Monroe School is a completely inadequate school and should be replaced. Mr Austin Fisher said looking at priorities in the light of the town, the junior high school problem was number I Dr Rudolph Fobert asked what the possibility of leasing the property was The Chairman said he had asked this question, but the Sisters want the money Mr H Bigelow Moore said he thought we should make an offer rather than just saying, "no, we can't afford it" . Mr Greeley said we should not make an offer of price, but that for $500,000 or $750,000 we could talk business. Mr. Austin Fisher asked what the possibility was .of this prop- erty being purchased by private enterprise - meaning this would add to our tax base Mr. Eric Clarke asked what other use could this property be used v for The Chairman said, private school The Chairman said renting would be a mistake A lease purchase program would be fine. Mr. Edward Furash said as he sees it now, the committee cannot negotiate any further 481 Mr Evert Fowle said as for the asking price, he does not consider it insulting to go back and make an offer of $500,000. The Chairman will contact Dan Lynch to discuss the towns' position and send him a covering letter The meeting adjourned at 9 05 A.M A true record Attest Acting Clerk kr iv • 1 I SELECTMEN'S MEETING November 17, 1969 1 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, November 17, 1969 at 7 30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney and Bailey were present Mr. Legro, Town Counsel; Mr. Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk Mr Legro requested the Board to sign the order of betterment Betterment assessments on the Hillcrest Avenue and Rawson Avenue sewer, which Hillcrest - he had prepared to correct the omission of estimated betterments. Rawson Ave Upon motion duly made and seconded, it was voted to Sign the order of betterment assessments for the Hillcrest Avenue and Rawson Avenue sewer • Mr. McSweeney reported to the Board that a petition had been received earlier in the year from people on Meriam Street and Wood- York land Road to have 265 feet of York Street constructed When we Street sent out the formal petition, they returned It, saying that they didn't think the people on York Street would pay the betterments to have the street done The Chairman asked Mr. McSweeney to hold the petition until budget time and we will discuss it; Mr. McSweeney was instructed to mention in the budget that the petition had been received, in order to have it accepted and reconstructed. The Planning Board met with the Board. The Chairman informed the Planning Board that a meeting had been held last Friday, November 13, with Commissioner Ribbs, Charles Route 128 Whitcomb, Deputy Chief Engineer; Mr. McSweeney, Mr. Gray and Mr Access Cataldo regarding the direct access road to Route 128 from the Road Hartwell Avenue complex The Commissioner stated to them that, after several meetings with the Bureau of Public Roads, both depart- ments agreed that t serious traffic problem exists in the area covered by the Town' s Traffic Study and realize that something must be done to solve this problem. The State DPW is presently negotiat- ing with a consultant who will evaluate the Town's suggested solu- tion to the problem, as outlined in their traffic study, or to suggest alternate means for the department' s consideration The Chairman said that Howard and Needles did a study of Routes 4 and 225 and they are looking to have this study extended to Route 2A, we don't know if Howard and Needles will do it. They want a study done and want it done immediately, to come up with an answer as to whether our study is right, or other possible solutions to solve the problem. 483 The Chairman informed the Planning Board that, in regard to their request to include this in the TOPICS program, the answer is, no Mr Graham asked how fast they would move ahead with this? The Chairman said that he assumed they are looking for a spring date Mr Lund asked if it would be an independent study or are they seeking to confirm our report? The Chairman replied that it would be an independent study The subject of how it would be paid for was discussed at the meeting and they felt that, regardless of the outcome of the study, it would be a money problem; it was their feeling that the money wou.td be at the federal level . We feel that our next step should be to ask the Board' s permission to meet with the Air Base to ask for their cooperation and set some wheels in motion to get federal money, separate from the high- way act; they would pay for the interchange If this is the answer, state and federal funds, someone else would have to pay to connect to Hartwell Avenue, which is the way it is going Mr. Fowls said that this is splendid news. He asked if the Drummer Boy figured in also. The Chairman said that the one who receives the contract would first come to the Planning Board Mr. Worrell didn't think the Planning Board ought to study re- design actively for a while The Chairman said that the Planning Board should work with them Again, he said that the Planning Board should delete this area from the TOPICS program After a brief discussion, it was agreed that the area should be deleted from the TOPICS program and to talk with the Air Force in con- junction with the DPW study. The Chairman said that Commissioner Ribbs indicated that the Department of Public Works has not changed its position regarding the extension of Route 3 beyond Route 128, with the exception of possible ramp modifications within the existing ramp system to improve traffic circulation. We also talked about the DPW' s plans for the exit ramp at Route 2 and Peacock Farm area with Mr. Richardson, State Project Engineer. Mr. Richardson informed them that he has been given a copy of the Peacock Farm proposal and was presently evaluating their sug- gestions and will submit his preliminary design to the Board of Selectmen. Mr. Donald Greer, President of Harvard Trust Company, met with the Board He said that he had come in response to a letter from the Board inquiring about the property of the Harvard Trust Company in Harvard Lexington Center He asked if the letter was prompted by knowledge Trust of the fact that we are seeking permission for a bank in Lexington% Company The Chairman said that we had no knowledge of it when the letter was written, but have since heard about it Mr. Greer said that we would have come before you to discuss the matter, but we didn't know what the Commissioners, in their wisdom, would do, and then we had planned to come before you He knew of the 47'644- problems that exist in the center of a town, as he had been a select- man in Winchester. We would like to erect a building which would con- form to the desires of the Town and would also be in keeping with the historic significance of the community. We had thought in a prelimi- nary way that we would ask you if it has any practical possibilities of, perhaps, having an architectural contest carried on under the jurisdiction of the Historical Society, to come up with something interesting and unique, so that We could come into the community in a proper and harmonious way. If practical , we would hope to get a plan from your Planning Board or Department of Public Works as to what the problems are; we know we will create additional problems, such as parking . The Chairman said that our concern is a little different; we know that the Harvard Trust would be done in good taste and would ' supply many of the Town' s desires; as we said in our letter, we have spent considerable money and we were hoping that you would possibly put the land to use other than banking . This is our concern, to add pedestrian traffic to the Town and bring people into the center, we thought banking wasn't going to accomplish this, but maybe some other business. We had heard nothing about you re-applying and thought maybe you had given it up, and would bring in a new establish- ment to the center Mr. Greer asked, what? The Chairman didn't know, but thought he might know. They have one of the prime locations in the center and anything of a substan- tial nature would really add to the pedestrian traffic in the center.. We don't look at a bank as really and substantially adding to the purchasing traffic to the center. Mr. Greer said that he didn't know what impact Harvard Trust would have in addition to what you already have We do have a sub- stantial number of Lexington people with us and if these people came back here, they might create that. In Winchester, the bank is open on Saturday and the volume of business is pronounced and marked and has had a very stimulating effect on business; in the summer months when the bank is closed, the merchants notice the dropping off. The Chairman asked if they would open here on Saturday? Mr. Greer didn't know but he felt very strongly that a sub- urban bank in a town like Lexington ought to be open on Saturday There had been a question whether we would locate somewhere else in Lexington but there are people who advised us that we should be located where we have property, and this would be our first choice. If granted permission to open a branch, we could review it and would want to come in to benefit the town; I don't say we have a fixed mind where we would locate. The Board ,thanked. Mr. Greer for meeting with them and Mr. Greer retired from the meeting. Upon motion duly made and seconded, it was voted to approve the applications for renewal of liquor licenses for the following r 4 Ho Buse Brothers, Inc , Berman' Market, Inc ; Lexington Liquor Liquor Mart, Inc Lexington Lodge of Elks Licenses It was agreed to hold the application of the Sheraton-Lexington Motor Inn until a few items have been checked out Upon motion duly made and seconded, it was voted to approve the Elks request of the Lexington Lodge of Elks to serve liquor until 2 00 A.M. on New Year' s Eve Upon motion duly made and seconded, it was voted to certify the Cert of character of Elizabeth R Field, 57 Gleason Road, who has applied for Incorp a Certificate of Incorporation as "Point Associates, Inc " It was agreed to hold the request of the Health Department for Health Dept change in fees until next Monday evening. Fees Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen' s Meeting held on November 3, 1969. At 8 00 P.M , hearing was declared open upon petition of resident of Blossomcrest Road and Allen Street "to alleviate a public nuisance which exists in this neighborhood and despite many warnings by them to the person involved, the following harassment still prevails; Donald McElman of 74 Blossomcrest Road maintains a dog which barks constantly and frantically at every car, passerby, and/or nothing and which is left outside unleashed and unattended all day and many Of the evenings " The petition was signed by Frances J and Stanwood Ayer, Esther and John Grabski , Paul A. Kent, Helen and W N Garside, McElman Dog and M Hopkins Hearing The Chairman requested the people present to rise and swear that the testimony given by them was, to the best of their knowledge, the whole truth After this Mr. Belcastro, Dog Officer, was asked to present the facts Mr Belcastro said that he had been called out quite a few nights to go to Blossomcrest Road because the McElman dog was bark- ing. The Chairman asked if he had talked with the owners? Mr Belcastro replied that he had talked with Mrs McElman and she said that some people have been killed in Cambridge and if they had a dog, it never would have happened The Chairman asked if he had asked Mrs. McElman to restrain the dog as far as barking is concerned? Mr. Belcastro said that he had, he had gone there quite a few times, the last time was about a week or so ago and the dog was barking outside Mr McElman said that it was true that the Dog Officer has been to our house to complain about a barking dog; however, he would like to say that the people who complain about the dog are cronic complainers '1486 The Chairman asked him to keep personalities out of it and to keep it confined to the dog. Mr McElman said that he got a letter stating that the dog barks continuously and is a public nuisance If you look it up in the dictionary, continuously means without interruption and would mean that the dog barks every minute of every day I claim this is false and inaccurate Of the eight petitioners, seven are not home as they work approximately 8 to 5 Assuming they are normal, they go to bed from II to 7 and that would leave only five or six hours a day they can possibly hear the dog bark We keep the dog in, generally, from dark to dawn and he is let out once during the evening for fen or 15 minutes The dog does bark, I don't deny it, but I claim, end to end in the course of the day about one-quarter of an hour. This dog is eight years old and barks no more today than when a year old, how come in eight years they now complain? The chief complainer moved in a year ago and if she wants them to conform to her . They say the dog is left unattended, 1 didn't know you had to babysit a dog It is my claim that the dog rarely, I didn't say never, leaves its own yard The Chairman said that you say that your dog does bark Mr. McElman said yes, I never said he didn't The Chairman asked why the dog barks? Mr. McElman replied, because he is afraid; he never leaves the yard but if anybody goes by or across the street, he barks at that The Chairman asked, anything else? Mr McElman replied, no The Chairman asked if anyone else was present in support of Mr McElman Mrs. Parsons, 65 Allen Street, said that she was asked to sign the petition and she had said no. These same people were at the Board of Health complaining of the horse. I feel that if people have a dog, they are better off with all the robberies in town, there was a car window broken and a radio taken and another car win- dow broken a week ago; the Police were after boys the other night. Mrs Ayer, 70 Blossomcrest Road, read a letter to the Board, signed by she and her husband, which stated, among other things, that the dog's barking has assailed their ears for the past two years to the point where their nerves are shattered. The letter was accepted and placed on file Mr John Grabski , 64 Blossomcrest Road, read a letter to the Board which stated, among other things, that there is no desire to have the dog destroyed, only to have it restrained from barking out- doors The problem, he said, is not one of the dog as much as the attitude of its owners. The letter was accepted and placed on file The Chairman asked if anyone in the room was operating a tape recorder? One man replied that he had one The Chairman asked him to turn it off as the Clerk was present to take the minutes. 48 The man said that it was a public hearing and asked why he could not leave it on? The Chairman said that the Clerk is present to take the minutes which would be in the public record. He asked him to turn the re- corder off Mrs. John Grabski said that she has been on the same street for twenty years; it was a wonderful neighborhood but for the last three years, the situation has been hightly intensified. We have had dogs and police before but never like this; he will not restrain and will not keep the dogs inside. He not only antagonized but received calls from Mrs Garside She has called at 110 A.M and was told not to call again Mrs Garside had her sister in her home, after an opera- tion, and her sister couldn't stand it after ten days I have been in Mrs. Ayer' s home and, on that side, she couldn't open a window during May and June as the dog never stopped If he barked and that was it, that would be one thing, but constant yipping! Mrs. Rowe had a rock thrown through the window of her sunporch in this neighbor- hood, you just can't communicate with people, they feel the laws were made for someone else We had to have the Board of Health up because of an abandoned car; all we want is peace and quiet They don't care and the hearing shouldn't have been necessary Mr John Hopkins, 69 Allen Street, said that we are abutters of the McElmans and longtime residents and friends of other people in the neighborhood There is no objection to having a dog as he can't see separating a kid from a dog He is here to object to loud bark- ing, while he is in school , he enjoys sleeping late. With the dog barking, he is sometimes plagued. He spoke to Mr McElman that he has no desire to see the dog destroyed but just restrained from making loud noise in the neighborhood, particularly during the hours when people relax, and to take into consideration the concern of neighbors. He has no desire to see the dog removed from its owner and the child- ren The Chairman asked how often the dog barks? Mr Hopkins replied that he is not home as he works twelve hours a day and on Saturday morning he is sleeping; during the summer months he has heard barking at 8 30 A.M or 9 00 A.M He was cognizant of the dog barking but not timing the barking per minute A woman in the audience said that as a friend of Mrs. Ayer and having gone through this in her own neighborhood, we have been talking on the phone when I have heard the dog barking incessantly. We meet at Mrs. Ayer's one day a week and we hold our meeting in the cellar because of the dog barking. Mr. McElman said that he would like to ask any of the complain- ers if they have ever talked to him? Mr. Hopkins said, no, not to Mr McElman. Mr. McElman asked if they had ever heard the dog at night; he is out for ten or fifteen minutes Mrs. Grabski said that he was out all night Mr. McElman said that he is confined. The Chairman asked if the dog was leashed? 44 88 Mr. McElman said, no, in his own yard Mrs Grabski said that Mrs Rowe has had to unleash her dog be- 111 cause this dog comes over to the corner and she is afraid her dog might get loose Her daughter went over to McElman' s and the boy gave a sassy answer I called one time about the dog being out and there was no one home Mr. Ayer said, I will verify that. Mr. McElman said, I said on occasions. Mrs. Parsons said that speaking of unleashed dogs, Hopkins has a dog and it comes over and barks; he has no reason to complain The Chairman read a letter from Mrs. Patricia McElman which, among other things, pointed out problems in the neighborhood and stated that the neighbors were all childless or with grown children This letter was placed on file The Chairman read a letter from Paul Kent, 63 Blossomcrest Road, which pointed out that the dog would jump in front of his motorcycle and, if kept off the street, would prevent serious accidents This letter was placed on file Mrs Ayer said that she has been a 4H leader for eleven years and children meet in her home from September to May and she teaches them to sew and knit. She should never be accused of being a child hater or she has wasted eleven years of her life if that is true. The Chairman said that the Board will take the matter under ad- visement The residents retired from the meeting. Later on in the meeting, Mr Belcastro met with the Board. The Chairman asked Mr. Belcastro to report the facts to the Board Mr. Belcastro said that Mr McElman could keep the dog in the house for a certain time or we have to go to court The Chairman said that there are two separate issues here, run- ning loose or barking? Mr. Belcastro said that he has yet to see the dog on the street. The Chairman said that the dog did not bark during the hearing. Mr Belcastro said that the dog barks constantly The Chairman said that the young Hopkins boy said that when he is home there is no continuous barking. Mr Belcastro said that he was there one-half hour and the dog barked constantly, outside in the driveway. Mr. Kenney asked how many times he has been there? Mr. Belcastro said that he was up there a dozen times. He recom- mended that the dog be kept in the house and let out three times a day Mr Legro said that the Board could order it to be restrained and, if not restrained, it could be put away. It was agreed to write to Mr. Legro and request him to prepare a restraining order that could be enforced. At 8 30 P.M , hearing was declared open in accordance with the Kingston providions of General Laws Chapter 131 , Section 40, Hatch Act, re- Homes garding a notice of intent to alter certain inland wet lands of the Kingston Homes, Inc. located off Ingleside Road and Maple Street 41( 9 Anthony Spagnuolo, Treasurer of Kingston Homes, was present and said that what is involved is the cleaning and reshaping of an exist- ing pond and we are trying to comply with the Hatch Act Notice was sent to the Department of Public Works, the Department of Natural Re- sources and to the Board of Selectmen that we are going to clean this pond; we have made considerable tests over a period of six or eight months, as there is no outlet for the water After conferring with the Conservation Commission, back in May, we had Soil Conservation check to see if it is feasible and they suggested that we wait until the pond dried out in late August and September In September, tests were made in places which were dried out, to find out what the water table is; we estimated the table and found that this would contain water which would, at its peak, be below this pond. The Soil Con- servation Service has said they will assist with the field work A map of the area was shown and discussed. The Chairman asked how much would they be reducing the areal Mr. Spagnuolo replied, we wouldn't; we haven't decreased the volume of the pond at all ; as a matter of fact we have exceeded the volume This area was filled in some eight years ago, prior to the Hatch Act We stock-piled some material for when we regrade this pond This section was approved last year, after the Hatch Act, for the purpose of redesigning Carnegie Place for an exit to Ingle- side Road and we had to have a second road as an access to the sub- division. Mr Fowle asked if this pond had some drainage egress at one point and if it was fed by surface water? Mr. Spagnuolo said that there was surface runoff; we didn't find that under the 2 to 3' of humus as gravel and sand, we are getting some springs feeding into that area This part of the pond we are excavating about 3 feet of what would have been the bottom of the pond. The Chairman asked why the Planning Board would approve it without having gone through the Hatch Act? Mr Fowle said that as far as he understood it, approval under the Hatch Act doesn't come under this The Chairman asked how can they approve for house lots, no one gives permission to do this; how could this be for house lots? Mr. Fowle replied that he thought that the lotting was basic- ally done many years ago Carnegie Place was decided before last year. When the lotting was done, the Hatch Act may not have been in effect. Mr. Stanley Brown asked if some filling had been done before- hand? It shows some water. Mr. Spagnuolo said that the two bayous are still there. The Chairman said that as he understood it, the Department of Natural Resources has stopped them from filling; have you complied with their wishes? Mr Spagnuolo replied that he had. Mr Brown asked, would it not be fair to say you are continu- ing to fill? Mr. Spagnuolo said, 1 stock-piled it 490 Mr. Brown asked if the stock-piling area was, basically, in the reasonably low area? Mr. Spagnuolo replied that this area has been filled for ten years This subdivision was approved in 1962 and the road put in to lay in a sewer line at that time, there was no Hatch Act; we stock- piled. The Chairman said that Mr. Spagnuolo is saying that he filled in this area which was before the Hatch Act, brought it above the grade and is now putting above the grade. Mr. Brown said that he still says there is some encroachment. We acted because we had not received notification and did not know what they had planned to do; therefore, we asked for a cease and de- sist order on September 9, 1969 The Chairman asked Mr. Spagnuolo if they have filled anything since that time? Mr Spagnuolo replied, no; we have stock-piled. Mr Brown said that this is the problem; we term it as filling and you say stock-piling When this situation was first observed, you had come in to speak to us in the Spring and we never heard from you after that We deemed it advisable for somebody from the Depart- ment of Natural Resources to come out and look at it. There was some stock-piling and we still had not heard from you The law enforce- ment who came out thought it was fill and there was stock-piling up against the trees and it gave the impression of encroachment The Chairman said that Mr Spagnuolo is to do nothing, stock- pile or fill , until you get a permit This is the way it has to be Mr Fowle asked what happens now? He has been stock-piling, or filling, now What? The Chairman said that the final say would be from DNR, what they make him do - to go back to the old contour lines or fill in. We have to make recommendations on what has to be done; the Plan- ning Board, Conservation Commission and Engineering make recommend- ation's to us He asked if anyone wanted to make a recommendation? Mr. Fowle and Mr. Brown said, not at this time Thb Chairman declared the hearing closed and informed the Planning Board and Conservation Commission that we have to send recommendations to the DNR within seven days after these recommend- ations have been accepted by the Board; we can vote on them on next Monday evening. The Capital Expenditures Committee met with the Board The Chairman informed the Committee that the figure on Streets Capital is $ 125,000 Expenditures We are waiting to hear from the Planning Board on reimbursing subdividers. Chapter 90 - $60,000 Sidewalks - $45,000; our general thinking was to increase to $75,000 but we are planning to petition the Legislature to change the formula. Curbing - $5,000 I 491 Traffic Control - $25,000; to update the signal in the center at Waltham Street and Massachusetts Avenue by adding certain controls and change from single to three dial ; to update the signal on Bedford Street and Worthen Road If permission is received for a signal at Massachusetts and Worthen Road, it would be around $ 16,000 or $ 17,000 Mr Whitman asked if we would keep $25,000 or go back to $8,000 or $ 10,000? The Chairman said that we are asking to participate in TOPICS and will be reimbursed in the future, and we would not ask for more money. Mr Gray said that we can't set a uniform figure for Traffic Control as each one is different. Road Machinery - $90,000; they are looking for additional equip- ment Sewers - Laterals, $600,000; this year we are only asking_for laterals; we feel at this rate, we will be putting in less linear feet because of inflation; we are looking to do a major construction job in one area Mr. Kingston asked how many years to sewer the whole town at this rate? The Chairman replied, eight to nine years. Mr. Kingston asked if it was sensible to spend $ 1 M or $2 M a year? The Chairman replied that we are catching up with the backlog; we will be all caught up by the next Town Meeting, all of the money committed will be spent by the end of this month Drains - $30,000; asking to finish the parking lot to drain the whole hill , this is to go from there to Vinebrook Water Mains - $20,000; the old main on Bedford Street is rusted and needs to be replaced; it feeds the Pine Knoll area. Mr. Whitman asked if there would be road construction? Mr. Gray replied, where the main is going, if we tear it up, we have to fix it. Town Office Building - $750,000. Mr Kingston asked if bids would be put out on the school be- fore the Annual Town Meeting? The Chairman replied in the affirmative. Mr. Kingston asked if there would be any long-term capital ex- penditures under Refuse? The Chairman replied in the negative. Trunks for Subdivisions - $50,000 Mr Blake said that he noticed there was $ 150,000 in 1969 for trunks for subdivisions Mr. Gray said that this was for the Concord Avenue and Waltham Street trunk This $50,000 would only be appropriated for anticipated subdivisions coming in As we now see it, we will need the money. Mr. Whitman said that they would have to include that for the work load of the year; we would have to have the money available Lincoln Street - asking for $25,000 for development Engineering Services - asking for $5,000 for advance engineer- ing on the sewers 492 The Chairman informed the Capital Expenditures Committee that we will need some money to buy the school site on Woburn Street The appropriation in 1962 included three parcels and two of them used up all but $4600 We asked the School Committee if they still wanted the site and they said that they did want it for a possible future third junior high school We will have to carry a figure for land acquisition We paid $ 1800 per acre and there are 20-odd acres Mr. Kingston said that it would be $40,000; if you ask for an appropriation, you could add that in The Chairman said that $50,000 would be the minimum, we are waiting for an opinion of value We would carry a figure of $70,000 as there may be additional monies needed for the old "res" project and we are asking Mr Cortell and the Recreation Committee to come in and meet with us and we would base our request on that Mr. Burke has said that to complete the project as laid out, we would need $20,000. If you carry $20,000, we will give you what our feeling is when we talk with these people. Mr. Whitman asked, what about land acquisition in future Land years? Acqui- The Chairman said that as we see it, the only land acquisi- sition tion would be in Lexington Center. Mr Kingston asked if they should consider what should be spent on land acquisition? The Chairman replied, yes; we are asking for nothing for con- tinuation of the beautification of Lexington Center There is about $26,000 left; we are coming out Edison Way with that money, taking the trees out, etc Mr Kingston said that on land acquisition, it will be the school site and the possibility of land acquisition in the center Mr. Whitman asked where do we stand on the Cotton Land? The Chairman said that it was surveyed and all drawn. Ashley is under survey and we will make the taking; we have $60,000 and as soon as we get the plan back, we will know what we are taking; we hope to have it done by the first of the year. Mr. Kingston asked if ft was appropriate to ask about the Grey Nuns? The Chairman said that we took the position that we would Grey like to own it but can't afford it It is my feeling not to buy it Nuns at $ 1 ,500,000 but a general feeling at some price we would consider buying it It was left that I would talk with Atty Lynch and will report to the Board later Mr. Logan Clarke came into the meeting Mr Kingston said that we understand you want the Woburn Street land. Mr Clarke said that it would be for a junior high school ; it is an escape valve The Chairman asked the Capital Expenditures Committee to come back and talk with the Board if they do not see fit to go along with our requests The Capital Expenditures Committee retired from the meeting Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing deliberating or voting on Executive matters which, if made public, would adversely effect the public secu- Session rity or the reputation of any person After discussion of matters of financial interest to the Town, 1t was voted to resume the open meeting The Board discussed the letter received from Mr. Zimmerman, Presi- dnet of Lexington Taxi Company, requesting a change in rates and charges After discussion, it was agreed to leave the charges as they are now Public Carriage, $ 15 00; Permit, $5,00, and to inform Mr Zimmerman that his request for a rate change to 604 for the first half- mile and 104 for each one-eighth of a mile thereafter was discussed and the Board approved the following 604 for the first half-mile and 104 for each sixth of a mile thereafter Upon motion duly made and seconded, it was voted to amend the Taxi Rules and Regulations as follows Rates for By striking out under Rates or Fares, section a Lexington a For hackney carriages, taxicabs, renting cars and Cab Co other public vehicles, the rates within the limits of the Town of Lexington shall be 75 for the first mile and 10 for each fifth of a mile thereafter All hackney carriages, taxicabs, renting cars and other public vehicles to be metered. and adding the following new regulation a For hackney carriages, taxicabs, renting cars and other public vehicles, the rates within the limits of the Town of Lexington shall be 60 for the first half-mile and . 10 for each sixth of a mile thereafter All hackney carriages, taxicabs, renting cars and other public vehicles to be metered. Mr. Gray informed the Board that a request has been received from Porter & Desmond to move a small building presently located at the rear of the greenhouse at 353 Concord Avenue to a new location at 100 Massa- chusetts Avenue, via Concord Avenue to Pleasant Street to Massachusetts Permit for Avenue Moving of Upon motion duly made and seconded, it was voted to grant permis- Building sion to Porter & Desmond to move a small building from 353 Concord Avenue to a new location at 100 Massachusetts Avenue, subject to the posting of a $500 bond and the conditions of the Superintendent of Public Works and the Chief of Police. I 494 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or 111 Executive voting on matters which, if made public, would adversely effect the Session public security or the reputation of any person. After discussion of matters of financial interest to the Town it was voted go go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at II 45 P.M. A true record, Attest Executive Clerk, Selectmen 111 I 495 SELECTMEN'S MEETING November 24, 1969 A regular meeting of the Board of Selectmen was held in the Se- lectmen' s Room, Town Office Building, at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr. Legro, Town Counsel ; Mr Gray, Executive Assistant, Mr Burke, Superinten- dent of Public Works, Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present The School Committee met with the Board The Chairman said that, ordinarily, we have this meeting after we set the budget and then find out it is too late We felt we would change our position before you set your budget and vote on any budget items, specifically personnel We are all agreed this is a year when we not only have to use some conservative thinking but some tremendous amount of restraint As far as this side of the fence is concerned, looking at the Cherry Sheet alone, never mind progress, we are faced with MDC charges going up this year, we have a relief sewer, water rates are to be increased and the MDC is looking to raise by one-third, it means $248,000 and every $200,000 is a dollar on the tax rate; the MTA projected up over $200,000, it was under $ 100,000 in 1969 There is no end to County charges If we don't do a thing, we are talking School a $2 or $3 increase The formula stays the same but not dollar re- Committee duced, the balance will have to be raised on the tax rate Before your Board, or ours, makes a move in any direction, we are looking for a tremendous tax increase It is our feeling that we are going to use every restraint we know to keep expenditures where they belong; we are not saying personnel , each person should be paid commensurate with the job he is doing or should be raised to the point he deserves As far as new programs and new people, we ask you to take a hard look at this sort of thing. We are going to do it and ask you to do it. I read the Minute-man last week with great interest and recognize full well that you had a request of 35 people and are looking down to the number of 14. We see it as a tremendous amount as an addition to operating expense We would like to maintain some sort of stabilized increase If we don't do it, we are looking at a $ 10 increase. We have never had so many people come in and say that if there is another increase like last year, we would have to move We know how we are looking at another increase like last year. We don't know your thinking or ap- proach but ours is to maintain the levels we are at and ask you to take the same approach for reduction in your expenditures We ask you before you go into final session Mr Clarke said we recognize that we have an obligation to set a budget which will carry out a program we have selected for the Town. To put things in form of reference, since 1968, there has been an in- ' crease of $6; last year, 4 10% Also, people recognize that everything 4496 they buy has increased over last year not only in goods but in pupils in the community. We recognize full well what will happen to our budget, it says we are tied in for nearly $750,000 in non-discretion- ary expense, that which we could cut out if we could do so and not adding any new programs The only change has been one that was caused by youngsters with learning disabilities and we have to com- ply with the law We are looking at a recommendation from the Superintendent for an increase of 14 5, an increase in the profession- al staff; he pointed out the total requests in human resources amounted to 35 and worked it back to 14.5 that he considers essential , individuals located in three secondary schools and relate to pupil population Without going into specific numbers, it involves pro- viding teachers for math, english, science and music We are very much aware of what is going on, the total expense; we have been giv- ing it thought the last couple of weeks. We know what it would cost to stand still . We are looking at requests for added personnel and, at the moment, have come to no judgment on it. I would have to say all of us are apprehensive about it if it follows the pattern of the last several years. If extrapolate in gain and increase, 9,970,000 up from 8,831 ,000; this year would be 12 9%. If all other Town de- partments behaved in the same way, as they have in previous years, we are looking at $66 for the 1970 tax rate. Our concern at the moment relates largely to this matter - how many new staff people, professional and non-professional ; collective bargaining with the Teachers' Association is presently going on It is fair and proper to say it is more than a rather significant opinion between two groups The Chairman said that the main point is, you said that if every department behaved in the same way, the tax rate will go to $66 Each department predicates what it would end up It is dif- ferent this year, our charges have increased on sewers, water and will probably be increased by an average of 50% net return. State aid is going to be reduced plus no substantial tax assessments, no big building like the past year; evaluation is not going to in- crease as it has over the last four years. Our history is not go- ing to live and we thought we would make you aware of it If some approach is taken over the year, we won't have $66 00 tax rate Mr Clarke said that we have been for some weeks aware of specifics; the fact that some pretty dramatic things could happen in respect to the tax rate, and point out we are still required to buy things this year and it is not reasonable to suggest that all the things we buy have increased; we know it will take a signifi- cant amount of money just to stand still and point out again no program change to take place and only new people recommended by the Superintendent Our people are essential to the program, to meet the quality standard we have The Chairman said that we are asking you to look at this area. Mr. Clarke said that this is something we will be talking about again this evening Mr. Farwell asked if the Board was in a position to be more specific about these items and their effect on the tax rate? 4 944 ✓ The Chairman said that they would not get to actual dollars until we get the Cherry Sheet; last year we knew what our water bill was but they have asked for a one-third increase and the water bill will be one- third higher We won't get actual dollars and cents We are all faced with the same problem, we have no control over these facts; they are right off the top of the Cherry Sheet We would just hope you would take the same approach as the Board The Lexington Academy was discussed. The Chairman said that we can't get last refusal . They are nego- tiating with two people and we will not get another crack at it until we make an offer. We could make an offer, subject to recommendation to Town Grey Meeting; we could recommend this number to Town Meeting but couldn't make Nuns one final offer Mr. Clarke asked what is necessary relative to procedure with re- spect to making an offer of $750,000? What else do we have to do? The Chairman said that it is the feeling of the Board that we shouldn't take a position of an offer unless the same committees met and agreed It was agreed to meet on next Monday with the committees involved. The School Committee retired from the meeting Mr. Burke informed the Board that the contractors are disturbed about the plow rate of $ 16 and $ 1 , established by the Board. They have requested $ 17 and $3 to furnish their own plow; they say it costs $900 for a plow. They feel they should get $3 as they wear out the cutting edges; it is my estimate they wear out three cutting edges a season. They were uniform in their decision to us that with the new rate estab- Snow lished by the Board of $ 1, they would use town-owned plows; we do not Plow have adequate plows Rates The Chairman found it difficult to believe that they are wearing out the cutting edges and he felt that the plow rate is too high; he also didn't think we are paying $900 for a good road plow. Mr Bailey said that last year, we were paying $ 13 00 per hour with $2 for the plow and overtime of $2 per hour for 4 30 P.M. to 8 00 A.M After discussion, it was agreed to pay $16 for the trucks and $2 per hour for the plow. Mr. Burke informed the Board that he is requesting a transfer of $6,000 for the purchase of fill for cover, paving, supplies and equip- ment rental charge purposes The cover material cost has increased 206 per cubic yard, or $3,000 to date, which was unforeseen; paving Trans- costs increased due to the 1969 asphalt strike. Due to the sizable fer fires and more refuse to be disposed of than was anticipated, more fill for cover and grading was required Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from the Reserve Fund to Sanitation Landfill Account 715850, in the amount of $6,000. 1495 The Recreation Committee, Mr. Cortell and Mr Kula met with the Board. The Chairman said that we have asked you to meet with us before we start considering budgets We are not happy with what is going on regarding the old res Mr Bond has told us that Mr. Cortell and Mr. Kula had met and weren't sure that the system was going to work We are reluctant to ask Town Meeting for any more money until there is clarification Mr Frey said that the equipment is now being assembled and is being shipped. This is the answer we have been getting every time and, to this day, they don't have all the parts. We don't want to spend $40,000 for a monument Mr Bond didn't think anyone knows whether it will work The Committee has talked about this and we are trying to get an answer We feel if we could evaluate the swimming possibilities' by keeping down the major costs, like the building, this area would be a satis- factory swimming area. The Chairman said that you are still talking $20,000 or $25,000. Mr. Bond said that we are never going to find out the question of whether we invest $25,000 to see whether it is usable or not The Chairman said that we understand that as far as you or Mr. Cortell , you don't know if this equipment will work for a swimming area Mr. Cortell said that we don't know if the equipment is neces}- Old "Res" sary or whether there is a pollution problem We said to the Board that we don't know whether the equipment will do the job it was in- tended to do and whether it was necessary; we would like to have on-site tests The Chairman said that, in other words, you think there is a possibility of it being a swimming area with no equipment. We sug- gested the equipment as a back-up to aerate to keep the bacteria down, rather than have to shut ft down if the count was too high. Other places chlorinate off the back of the boat but we thought we would not recommend the area without this kind of gas equipment. The Chairman said that we are in the middle, we know nothing about this and have to rely on you for direction and to be able to get up at Town Meeting . In talking with Mr. Bond, he led me to be- lieve that you and Mr. Kula weren't sure that this equipment would work; we can't see why you are not more positive. If there is a possibility of it working without this equipment and this is a back- up, why are you reluctant to tell us? Mr Cortell said that he had the opinion the equipment would work, this particular piece of equipment we have asked them to pro- vide us with is not the specific equipment we have used elsewhere; everything appears to indicate that it will . The fact is, it is not the same and while it looks the same, it may not function the same; we also have the same back-up of opinion from the Department of Public Health . The Chairman said that the Board was convinced that the pro- ject was going forward, based on what you told us, and to ask for ((1 V -TOO additional monies to complete the project, then, when Mr. Bond came to us, we were reluctant to spend the money. We are faced with a tremen- dous tax rate and to spend $40,000 this year it is 206 on the tax dollar, and not know whether it is going to work. Mr. Cortell said that his comments to the Board, his answer to specific questions, was, that he didn't know whether or not we would have the same response as we have seen elsewhere, nor the conditions we think will occur We are not recommending any blind ally approach; he would not be here if there were noq uestions; there is no such thing as a guarantee. Mr. Kenney said that you are saying in your best professional judgment to go ahead Mr Cortell said, yes; I am not entirely confident in the equip- ment The Chairman said that this is our concern, not to have it work Mr. Cortell said that if you knew nothing about equipment and looked at all the specifications, in terms of oxygenation, if raw sewage is shown, it will knock it down one thousand fold; we are not putting it into the lagoon, we are putting it into a clean bathing area and we don't have that kind of count. Even under severe condi- tions of about a thousand, all evidence indicates we are within a safety region to function; if not, we have a chlorination system but would not want to put in chlorine as it may be deleterious to the fish I do not know the piece of equipment but do know the company will take it back. The Chairman said that we are talking $20,000 to pipe, wire, etc ; this is where the Board is finding it difficult to look at a and spend this kind of money We are at this point, based on what you told us, to go along to ask for money and we are looking for direction. Mr. Bond didn't think the Recreation Committee is in favor of putting up any permanent buildings, we feel we should make an effort to get a temporary or portable one with toilet facilities. Mr. Greeley asked what would be the number of users, assum- ing it would work Mr. Bond replied, 300 Mr. Greeley asked if the Recreation Committee knew how it would try and cope with this number Mr. Bond said that we were going to charge a user' s fee which would enable us to keep a count, even without a building, we think the area is attractive Mr. Mabee asked if he would go a step further and not build a building and not put in aeration? Mr. Bond replied, no; we have talked about this since 1961 or 1962 and have invested several thousands in sand The Chairman said, $6,000; with wiring, over $ 10,000 Mr. Bond said that he would spend the $ 10,000 The Chairman said that we have to get that water main in there and it is $2800 for that Mr. Cortell said he thought that at the worst the expenditure of equipment is recoverable, there is a demand and the need for this 500 equipment and we don't think we would be hung up on the equipment would say I would be willing to recommend that we go ahead without any equipment at all . The Chairman said that we took your recommendations on this whole project. Mr Cortell said that we weren't at the time trying to do it without money but doing it in a style more indicative of Lexington. The Chairman said that you are saying the amount of money would be recoverable? Mr. Cortell said that we wouldn't be hung up on the equipment, we could find a buyer for it as my company has three projects right now The Chairman said that they haven't delivered any equipment Mr. Kenney said that if you are not going to build the building you could proceed with the project as you outlined, without addition- al money Could it be budgeted along these lines? Do you have enough money? Mr Bond said that we are not involved in it at all The Chairman asked what the State Department requirements are to open it, regarding public facilities? Mr. Gray said that we would have to ask what they mean by proper facilities. We still have installations of power to go in The Chairman said to control the numbers, we would have to fence it and I think we have enough money to do it He asked if there were any questions. Mr. Kenney said that the recommendation is to proceed except for the building. Mr Cortell said that it has already been proposed to them and they haven't given me a yes or no; I am willing to review our proposal We have enough time to discuss it with them before spending any more money I believe they will give us approval . I would like to point out that the City of Waltham had "Johnny-on-the- spot" facilities and when he had talked with the Recreation Director, he wasn't enthusiadtic about the use of a chemical toilet as he felt it was an open prey to meddlesome kids; apparently, they are an at- tractive nuisance However, they did serve the function and it did allow them to open their new beach, and we should seriously consider to do this. The Chairman said that it is agreed we will ask for no further money for this project. Mr Kula asked for a breakdown of what is left Mr. Gray said that funds exclusive of the building or fencing and including lifeguards are $24,000 Mr. Bond asked if there was a possibility of using the toilet facilities at the school . The Chairman asked if the State will accept this? Mr. Greeley countered with, will the school accept this? The Chairman said that it is agreed there will be no money for the res and get in touch with the Department of Public Health to try it next summer on a temporary basis. Mr. Bond asked how much money for a temporary fence? Mr Gray said that we haven't spent money for electrical equip- ment The Chairman said that we have ordered the equipment and it will be another $7,000 Mr. Gray said that we have sufficient funds. Mr. Greeley said that if it is agreed we don't put it in the budget, it means we aren't putting an Article in; what happens if we talk to the State and the State says they won't approve without a building? The Chairman said that it was a good question, I don't think anybody is of a mind to ask for $20,000 more. Mr. Greeley didn't want the Recreation Committee to come back in January and say they have talked with the State and need more money Mr. Bond asked why not put in an Article and if we don't need it, withdraw it. The Chairman recommended that they talk with the State Depart- ment of Public Health and come back in two weeks. It was agreed that the State DPH could not reply in two weeks Mr. Greeley said that we will leave it that we won't put in an Article unless we hear from Mr Bond. Mr. Bond said that we don't want to spend our money on this; we don't want it to come out of our budget Mr. Gray said that it did not have to come out of their budget. The Recreation Committee, Mr Corte! ! and Mr Kula retired from the meeting Mr. Gray said that several weeks ago, there was a question on the sale of tax title lots on Grandview Avenue He had talked with Mr Cronin of the Assessors' Office and Mr. Cronin had found an old Tax map of the area There seems to be some sort of easement on lots Title 94 and 95 and as there is some doubt of the legality, it will have to be checked out. It was agreed that Mr. Gray is to talk with the Planning Board Mr. Gray informed the Board that he had received a call from Mr Michelson requesting permission to put decorative trees on the traffic signal as seven trees have been taken out of that side of Lexington the street It might be possible to put some temporary pipes in Center the area but Mr Gray would not recommend anything be put on the traffic signals. It was agreed that Mr Gray is to talk with Mr Michelson to work out some solution to decorating that side of the street. The Chairman informed the Board that the Telephone Company' s request to install underground conduit on Bedfrod Street and Worthen Pole Road was tabled on September 15 because the proposed location was Location not acceptable to the Town Engineer. The Telephone Company has sub- ' mitted a new plan which is approved by the Town Engineer. it 502 Upon motion duly made and seconded, it was voted to approve the petition of the Telephone Company for the following location Bedford Street Westerly side, southerly from M.H 54/ 152, approximately 70' of underground conduit Worthen Road Northerly side westerly from Bedford Street, approximately 570' of underground conduit; also one ( I) M.H 345/6 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on November 17, 1969 The Chairman read a letter from the Chamber of Commerce invit- ing the Selectmen to the Christmas Lighting Ceremonies on Friday evening, November 28, 1969 at Emery Park. Upon motion duly made and seconded, it was voted to approve the following applications for liquor licenses Liquor Package Goods Vinebrook Corp. Renewal Licenses Club Sons of Italy Renewal The Chairman read a letter from the Sons of Italy, requesting permission to sell alcoholic beverages for special functions on Sons of Sundays from 100 to 8 00 P.M and also, to remain open on New ygar' s Italy Eve until 2 00 A.M. Upon motion duly made and seconded, it was voted to grant per- mission to the Sons of Italy to sell alcoholic beverages on Sundays from 100 P.M to 8 00 P.M , subject to the stipulation that if found to be in violation at any time, the license for Sunday will suspended Upon motion duly made and seconded, it was voted to grant per- mission to the Sons of Italy to remain open until 2 00 A.M on New Year's Eve. The Chairman read a letter from the Chamber of Commerce about the use of the conference room at the Visitors' Center, as Town Com- Visitors' mittees have, occasionally, used the room and the Chamber requests Center that the ground floor door be locked during the meeting It was agreed that Mr Gray is to talk with Mr. York and check out the problem The Chairman informed the Board that a request for a transfer of $500 has been received from the Library Trustees to replace a Transfer major coil in the hot air heater. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer of $500 from the Reserve Fund to the Library Expense Account. t 9�Je f, ✓/ Upon motion duly made and seconded, it was voted that the date of Warrant the closing of the Warrant is to be December 23, 1969 at 4 30 P.M Closing Upon motion duly made and seconded, it was voted to sign the Common Victualler' s license to be issued to the following Friendly Ice Cream Corporation 60 Bedford Street Friendly Arno Associates, Inc 321 Woburn Street Ice Cream License The Chairman left the meeting. Mr. Legro gave a letter to the Board which answered questions raised by Mr Greeley regarding the use of Town owned tax title lots for low or moderate income housing. The questions raised by Mr Greeley were (a) May the Town, acting either through Town Meeting vote or through action by the Board of Selectmen, convey tax title land to the Lexington Housing Authority, for purposes of low-cost housing, at a nominal price, or at a price which is believed to be less than what competitive bidding would bring? (b) May the Board of Selectmen, or the Town Meeting, convey tax title land to a limited dividend or non-profit corporation, for use for housing under one of the Federal or State subsidized programs, at a price believed to be less than would be offered under competitive Tax Title bidding? (c) May the Board of Selectmen, or the Town Meeting, offer tax title lots to the highest bidder, but subject to the condition that it be used only for single-family homes which conform in all respects to current zoning, or for subsidized group housing, if such is otherwise permitted? Mr. Legro' s answers are ( I ) A town has statutory authority to do several things to aid and cooperate in the planning, construction or operation of a project of its local Housing Authority, including the authority with or with- out consideration, to sell , convey or lease any of its interest in any property or grant easements, licenses or any rights or privileges therein to the Housing Authority. The statute says the town "or the appropriate board or officer thereof" may so act, but I think that a Town Meeting vote would be required to authorize conveyance of tax title lots without consideration or at a price substantially less than market value The standing authority under the 1953 Town Meet- ing vote, in his opinion, does not include conveyance without con- sideration or for nominal consideration, even though it is probably broad enough to include conveyance at something less than market value where there are other considerations in the best interest of the Town. (2) I know of no authority whereby the Town could convey to any entity at substantially less than market value, other than to its Housing Authority in the manner referred to above. I think the previous answer suggests that if the monetary consideration is in- tentionally less than market value, there should be other tangible advantages to the Town warranting the reduction in monetary consid- eration. (3) I think that the Selectmen, of their own volition or pur- suant to the direction of a Town Meeting vote, can impose the sug- gested conditions, but it has not been the practice of the Selectmen to offer tax title lots to the highest bidder, a practice which in many cases would not result in a sale that was in the best interest of the Town. Mr. Greeley asked if it would be called a different kind of restriction when it says it can only be added to another lot. Mr. Legro said that the Selectmen can impose the restrictions. Mr. Greeley asked if the Selectmen could take the tax title lots we talked about tonight on Grandview Avenue and convey them to the Housing Authority or anybody else who wanted to give an offer for low income housing? Mr. Legro replied that if bought on that basis, they could, pursuant to the direction of a Town Meeting vote. Mr. Greeley said that in other words, the Selectmen have priority of authority to exercise their judgment by way of imposing a restriction. Mr. Mabee said that we shguld convey on a fair market basis. Mr. Legro said that to convey for less than market value be- cause you thought it was in the best interests of the Town - I don't think it is designed for a purpose other than public purpose. Town Meeting actually decides whether a particular conveyance is going to be made for less than market value. On the question of whether the Board or Town Meeting could offer tax title lots to the highest bidder, I said that the Select- men could, or their own volition or pursuant to the direction of a Town Meeting vote, impose the suggested conditions, and I added that it has not been the practice of the Selectmen to offer tax title lots to the highest bidder. You have other factors to con- sider; one of them is combining with other lots Mr. Greeley said that he should not have used "the highest bidder." The Chairman came into the meeting. The application of Kingston Homes to alter inland wetlands lo- cated off Ingleside Road and Maple Street was discussed Mr McSweeney said that the Planning Board knew nothing about Kingston Homes talking with the Conservation Commission. Mr. Kingston Spagnuolo told me that he was going to deed this property to Conser- Homes vation but, in talking with Conservation, they knew nothing about this. The Chairman said that he had asked Mr. Gray and Mr. McSweeney to talk with the Conservation Commission about the land. The Chairman read letters from the Planning Board and the Con- servation Commission. The Planning Board said that the pond appears to be supported largely through surface water runoff, has no outlet and the topography is such that no outlet is possible without ease- ments and major drainage work over the land of others. The Planning Board recommends that this pond be filled in accordance with the terms of the original subdivision approval _)U The letter from the Conservation Commission supports Mr. Spagnuolo and has been trying to assist him in his efforts since early 1969. The Commission recommends that certain restrictions be imposed, such as clean fill , proper grading and engineering, so that the resulting water area will not be a liability to the Town or the residents of this area Mr. Gray said that he had talked with Mr. Heustis and, in 1966, the plan showed a low swamp area which was going to be deeded to the Town. Apparently, there are quite a few different stories. Our recom- mendation is to write to the Department of Natural Resources and recommend that the request be denied until Mr Spagnuolo furnishes the involved Town Boards with additional information as to exactly what is planned in the area so that this information may be evaluated properly. It was agreed that this recommendation be written to the Depart- ment of Natural Resources. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person. After discussion of matters of the Town regarding litigation, finances and personalities, it was voted to resume the open meeting. Mr. Mabee discussed the recommendation of the Drug Advisory Com- ' mittee to accept the resignation of Robert Paradise, Drug Counselor, Resignation for personal reasons Upon motion duly made and seconded, it was voted to accept the resignation, for personal reasons, of Robert Paradise, Drug Counselor, as recommended by the Drug Advisory Board. Upon motion duly made and seconded, it was voted to adjourn at 10.50 P.M A true record, Attest Executive Clerk, Selectmen RI SELECTMEN'S MEETING December I , 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, December 1, 1969 at 7 15 P.M Chairman Cataido, Messrs. Mabee, Kenney, Greelwy and Bailey were present. Mr. Legro, Town Counsel ; Mr. Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, four jurors were drawn, as follows Jurors Robert H. Moulton 146 Burlington Street Philip J. Rulon, Jr. 26 Locust Avenue Eugene Merfeld 8 Rumford Road L Francis Murphy 5 Bennett Avenue Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security or financial interests of the Town or the reputation of any person. After discussion of a matter affecting the finances of the Town, it was voted to resume the open meeting Mr. Legro came into the meeting Rep. Lincoln P Cole, Jr. met with the Board. The Chairman informed the Board that a letter has been received from the Mayor of Newton regarding the Middlesex and Boston subsidy The meeting was called for December 2, 1969 with the towns served by the M & B to discuss a course of action to keep the M & B in opera- tion. Rep Cole and the Executive Assistant to the Board are to at- tend the meeting M & B Mr. Cole informed the Board that the MBTA Advisory Board had recommended cutting the budget $IOM, included in the cut was part of a subsidy for M & B and would only allow them to operate until June 30, 1970 He said that the property owner cannot carry the burden of the MBTA; the total cost to Lexington is $200,000 and reflects $1 on the tax rate, an increase of 50t over last year Many of us in the legis- lature believe we have to go in the direction of the State Department of Transportation and this is what the Budget Committee recommended. Mr. Greeley asked how the Department of Transportation copes with the problem? Mr Cole said that it costs the same amount of money to give the same amount of service but taking it out of a larger pocket The high- ways are completely subsidized and Mass. Transportation is a deficit 607 Mr. Mabee said that an uneconomical route should cease to exist. Mr. Cole said that there are many people served by rapid tran- sit who could not afford cars Mr. Kenney said that they wouldn't run a bus for two people. Mr. Cole said that a problem would be created because people would have to drive their cars if there is no other form of trans- portation; cutting service is not the proper approach The Chairman agreed that cutting service was not the proper ap- proach but with the increase that was predicted for this year and what has been talked about for the future, we just cannot afford it. It was agreed that Rep Cole and Mr. Gray are to attend the meet- ing in Newton on December 2, to discuss the subsidy for the Middlesex and Boston. The Chairman informed Rep. Cole that we would need legislation for sidewalks. Mr. Cole said that it would be no problem as it goes under Home Rule amendment which allows them to get it ill late; anything that re- quires Town Meeting vote would be no problem. Sidewalk The Chairman said that we will have an Article in the Warrant Legislation and would assume we would have to go to Town Meeting first. Mr. Cole said that it depends on the nature of the bill, the charter. The Chairman said that we have just changed these. Mr. Cole said to let him know when we are ready; he retired from the meeting. Mr. Gray informed the Board that he had written to the 4-H Club, at the request of the Board, regarding the inquiry about the use of the Hennessey Property as a horse ring and the use of the stable. Mr. and Mrs. Lloyd were to contact me, but haven't. Mrs. Woodward said that they would like to construct a permanent ring for 4-H activities and while the show would be on, they would like to have the use of the facilities. There are fifty members in the 4-H Club and, for Hennessey teaching children to ride, they would like to have a permanent place Land of their own to carry out these activities The Lexington Light Horse Club would like the use of the facilities for the same reasons. The Chairman asked if they would assume the responsibility of maintenance? Mr Gray replied in the affirmative and said that they would have insurance to cover liability; this would absolve us of liability. The Chairman asked if they have an Attorney? Mr Gray said that they did not, at this point They said that if the Board was respbnsive, I would get in touch with Mrs. Woodward. Mr. Mabee said that other people in the area have been given permission to ride there There are over ten acres there The Chairman said that we wouldn't give the 4-H the whole area; they would need less than an acre for the ring itself The people id the area would still be able to use it We should write a letter stating the exact conditions under which we would let the 4-H and the 50S Lexington Light Horse Club use it We would only consider it for a one year period Mr Gray said that Mr. Colbourne had written a letter to the Board regarding the purchase of the land and stable. Mr Mabee said that he would rather let somebody use it in the proper manner than sell it. The Chairman said that we will answer Mr. Colbourne that we are not disposed to put an Article in the Warrant for the sale of this land. Mr. Robert Howard, Realtor, was present at the meeting and said that Mr Colbourne would like to buy the land to protect the residents and his own land. He asked me to sell the house for him but people have backed off because of the vagueness of the stable. It is impossible to sell the house without the use of the stable and I advised him that it may be possible to rent the stable to the 4-H Club The stable never should have been divorced from the property and it looks to me as though the boundary line is arbi- trary. If Mr. Colbourne bought the land and stable and sold the house, the owner might prefer to keep the stable up himself, rather than the 4-H Club. The Chairman said that there are many different interpreta- tions as to why the Town owns that property. The description on the deed was very clear that it was bought for recreation purposes, not conservation purposes, I , for one, do not think we should take that approach It was agreed that Mr. Gray is to write to Mrs. Woodward asking her to submit a complete outline of the use of the property by the 4-H Club, what liability what they would assume, and a list of planned activities and how they would be carried out; we would require a type of insurance that would free the Town from any lia- bility. It was also agreed to write to Mr Colbourne informing him of the decesion of the Board that the land should remain Town property as it was purchased for recreational use. Mr. Gray informed the Board that a letter has been received from theMassachusettsP.T.A requesting the use of a room for Request meetings to be held four times a year. P T.A It was agreed to write to the Massachusetts P T.A Congress Congress and inform them that a room would be available to them with a charge of custodian' s fees. Mr. Burke said that he had a request from Mr. Dickerman, 27 Baskin Road, to install a drain connection from private proper- Dickerman ty into the Town drain located on Baskin Road and would like to in- Drain stall a catch basin Connection Upon motion duly made and seconded, it was voted to grant permission to Mr. Dickerman, 27 Baskin Road, for a drain connection into the Town drain, subject to the usual conditions and a $25.00 fee. v 5 0 9 Mr. McSweeney recommended that the Board appoint William J Martin, 138 Madison Avenue, Quincy, as Assistant Town Engineer, M- I-A, at an annual ealary of $10,450, effective January 5, 1970. Asst Town Upon motion duly made and seconded, it was voted to appoint Engineer William J. Martin, 138 Madison Avenue, Quincy, as Assistant Town Engi- neer, M- 1-A, at an annual salary of $ 10,450, effective January 5, 1970. The Chairman asked Mr. McSweeney about the Air Force Contract Mr McSweeney said that he had talked with Mr Scurto who said Air Force that he would be in touch with the man who was supposed to draw up these Contract contracts There has been no word from Mr. Greeley, either The Chairman read a letter from the State DPW, listing the bids covering work to be done on the reconstruction of a section of Lowell Street and recommending that the Board award the contract to the lowest Lowell bidder, J.J O'Brien & Sons, Inc. Waltham Street Upon motion duly made and seconded, it was voted to approve the Contract award of a contract for the reconstruction of a section of Lowell Street to the lowest bidder, J J O'Brien & Sons, Inc. in the amount of $94,875. The Chairman read a letter from the Board of Health, asking for an opinion and comments on the request of Ralph and Joseph Cataldo for a permit to have the Town of Arlington operate a sanitary landfill program on their land on Bow Street Board of The Chairman said that there are two separate issues here Health ( I) the standpoint of the Board of Health and (2) we don't think we Cataldo should get into the affairs of the Board of Health, but as far as zoning, we should answer them that we would comment if and when it came to a variance of the zoning by- law As I read the by- law, the only place it is permitted is municipal land. Mr Mabee said that there is a separate district set up for a sani- tary landfill ; if it got to that point, we should comment Mr Legro said that the Board of Health inquired because I cited the statute under which they could grant a permit and the statute says, subject to the provisions of the local zoning by- law. The Selectmen may appeal , within 60 days, to the State Department on the action of the Board of Health Mr. Kenney said that it is established that without either re- zoning or going to the Board of Appeals, a permit could not be issued Mr. Greeley asked Mr Legro who makes the determination under the Hatch Act2 Mr. Legro replied that the Hatch Act expressly excludes land for agricultural purposes The Chairman said that the DPNR ruled that it did not come under the Hatch Act. Mr Legro said that even though it was exempt from the Hatch Act for agricultural purposes, maybe the Board could obtain help from that department. 51O Mr. Kenney asked if the zoning restriction applied also with Arlington and Great Meadows? The Chairman replied, yes Mr Legro said that zoning applies to the action by this Town; it certainly must apply to the proposed action of another town The Chairman said that we will answer the Board of Health that the Board concurs with the opinion of Town Counsel that no permit can be granted until the zoning problem is cleared up The Chairman read a letter from the Planning Board, stating that this Board had voted to approve payment of $2,311 to Louis Stoico, Inc. for the installation in the Paddock Lane subdivision of Stoico drains larger than necessary to serve the subdivision alone, and re- Drains quested that the Board of Selectmen pay the amount Upon motion duly made and seconded, it was voted to approve pay- ment to Louis Stoico, Inc. in the amount of $2023 92, under the appro- priation of Article 36, 1968 and $287 08 under the appropriation of Article 34, 1969 Annual Town Meeting, for the installation :in the Paddock Lane subdivision of drains larger than necessary. The Chairman read a letter from the Metropolitan Area Planning MAPC Council requesting the appointment of a representative to the Council It was agreed to refer the request to the Planning Board for a recommendation. Upon motion duly made and seconded, it was voted to approve the applications for renewal of liquor licenses from the following Liquor Licenses Joseph Trani , Inc. and Battle Green Inn Budget The Board agreed to meet on Saturday morning at 8 30 A.M Decem- Meeting ber 6, to start the discussions on the budget. Upon motion duly made and seconded, it was voted to adjourn at 9 12 P.M A true record, Attest \F� Executive Clerk, Selectmen 7 51 1_ SELECTMEN'S MEETING December 8, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, December 8, 1969 at 7 30 P.M Chairman Citaldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr Legro, Town Counsel; Mr Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer, and Mrs. McCurdy were also present Mr. Heustis met with the Board regarding a request from the Board of Health for a transfer of $ 1 ,000 for a fluorida- tion study Mr. Heustis informed the Board that a study and plans are required for State approval and Whitman and Howard would give a preliminary survey which would include the cost of installing equipment but it would not be a definitive plan, as this would be $4,000 for specifications to go out to bid If this pre- liminary survey is not done until after Town Meeting, we will have lost almost a year We would have two Articles, for a definitive plan and activation of the program; it would be spelled out what equipment is needed. The Chairman asked if any appeal the people would have Fluoridation would be at Town Meeting? Survey Mr. Heustis said yes, the 60 day period has expired where- by people could take out a referendum The expenditure of $ 1 ,000 for the preliminary survey wouldn't be adequate to cover it We may have $ 1 ,000 balance in our expense budget and, if feasible, you could authorize the Board of Health to expend this. The Board of Health wouldn't spend this without the ap- proval of the Appropriation Committee, without the legal author- ization of the Town The Chairman said that he could see serious problems with the Air Force if the people of Lexington wouldn't pay the bill for them Mr Heustis said that he had a letter from them saying they have no objection. Mr Mabee asked if when the Air Force wrote the letter say- ing they had no objection, did they offer to pay the costs? Mr Heustis replied no, they didn't know how many gallons they would supply annually The Chairman said that it would be a substantial percentage Mr Heustis said that a vast amount of water is used for industrial purposes, all chlorinated They had received a letter from Mayor White stating that the MDC would supply water for all surrounding towns Mr Mabee asked why the Board of Health recommended fluori- dation a year ago? 512 Mr Heustis said that we had it under advisement when fluoridation passed The Commissioner of Public Health for the Commonwealth was to notify the local Board of Health and our own Board did take action within 1month afterwards We heard from the Commissioner but some Boards didn't as the information didn't come to them. The Chairman said that if this Board and the Appropria- tion Committee give you $ 1 ,000 and it goes to Town Meeting and is defeated, we have wasted $ 1 ,000. Let it go to Town Meeting and let them decide to spend the money It would be the same thing as the Lexington "res." Town Meeting members know whether or not they want to get into fluoridation. The advantages and disadvantages would not be a result of this study Mr Heustis asked if Mr Legro had any comments. Mr Legro replied that he had none this evening but would be glad to look into it. It was agreed to refer this to Town Counsel for his opinion on the use of the balance of funds in the Board of Health accouit and the statute regarding the referendum. Mrs Frankovitch met with the Board to discuss plans for peace action and requested permission to pass out peace leaf- lets to shoppers in the center on December 12 and 13, 1969 Peace On Christmas Eve, they would like to march on the Green with Action candles; she was not sure of the time as they were trying to coordinate this with various religious services The Chairman said that the Board had no objection to passing out the leaflets but would not want to have them strewn around town The Board must be informed of your plans for the Green and the exact time Mrs Frankovitch agreed to let the Board know Mr Gray informed the Board that a letter has been re- ceived from Mrs Woodward regarding the use of the former Hennessey land by the 4-H Club Mrs Woodward states that in the event a permanent ring is erected, they could have an open horse show in the spring; mounted meetings each Saturday; Hennessey practice and schooling of individual horses; all activities, Land with the exception of individual ring riding, would be super- vised; most families carry comprehensive liability insurance covering the horse and a statement could be requested from each family showing whether the horse is adequately covered Mrs Woodward said that these activities would be more of less duplicated by the Lexington Light Horse Club The Chairman said that he would have reservations about renting to private people but see what they have to say. 1) I I IIIMr. Greeley asked if he would have similar reservations offer- ing it for sale? The Chairman said that we would have to go to Town Meeting Mr. Gray is to talk with Mrs. Woodward Mr Gray informed the Board that the Comptroller requests approval to have the payroll for the week of December 26 in- clude all regular pay through December 31 ; the payroll for Janu- Payroll ary 9 would include January I and 2. The Board had no objection as long as all employees are notified Mr Gray said that Mr Cole will be here to report on the meeting with the MBTA on the Middlesex and Boston subsidy to keep it running past June, 1970 The outcome of the meeting was to appoint a steering commit- tee and Mr Cole is the Lexington representative. They called a meeting on Thursday and they formed another committee of three which included Mr Cole to meet with the directors to find a method of financing the system The Chairman asked if they are going to do anything about the Middlesex and Boston or is that a separate issue? Mr Gray said that it was a separate issue; the Manager of Newton said that Newton would pressure it to keep the M & 6 MBTA When they passed the June date, some were vocal and some were non-committal ; we did not commit Lexington Mr. Cole told them some alternative method would have to be found The Chairman said, before we commit ourselves for that kind of money Mr. Cole came into the meeting, He said that, basically, we agreed to have the 3-man committee visit with the Chairman of the Board of Directors to plead our case for the continuance - approaching with the idea that new ways must be found to finance the subsidy of the M & B The Chairman asked if there was a breakdown of the cost of how our money was spent? We must make an evaluation; this year $200,000 and next year $300,000, there must be justification or alternate moves. We can't go at this rate for the service we are getting. Mr Cole said that no one can, we have to have better ser- vice and we are working on that too We have reqched the point where we must find a new structure on transportation, the whole thing The Chairman said that he was saying we don't want to com- mit ourselves for the continuance of the M & B if it cost us $ 100,000 for a couple of buses. Could we supply the same ser- vice in another way for half the money? Mr. Cole said it was his understanding if the M & B should go out of business, if the subsidy stops, the MBTA would be 5i4 forced to provide service for these areas. They must provide it, this area cannot do it with this subsidy. It would cost more for the MBTA to take over; if forced to give the service, we would be forced to pay the deficit General Counsel said there is no method in the legislation to get out of it; the only way would be an amendment filed with the legislature. The Chairman said that he hated to think of what we are faced with Mr Cole said that the only way is to be vocal and plead- ing for a much larger structure, we need support of another way of financing They said to the Board of Directors to cut expenses and they have until June I don't feel they will do it The Chairman said that the Board would like to have him keep us informed as you are going along. I think it is impor- tnat we take gas money from the gasoline tax If it comes up in the constitutional convention, exert your influence. Mr Mabee said that he would like to see how many peopie in Lexington are served Mr. Cole replied there were not too many. The Chairman thanked Mr Cole for meeting with the Board Mr Cole retired from the meeting At 8 00 P.M , hearing was declared open in accordance with the provisions of G L Chapter 131 , Section 40, Hatch Act, re- garding a notice of intent to alter certain inland wetlands of Joseph Prestijohn located on Bedford Street near the intersec- tion of Eldred Street The Chairman informed those present at the hearing that Prestijohn the Board can only make recommendations to the Department of Hatch Act Natural Resources; they have the final say Mr Richard Kraske, representing Chalet Susse, was present and said that they are basically proposing to scrape an average of 2 feet and fill it to 98 feet The Chairman asked if the brook goes through any part of this? Mr Kraske replied, no, we will have easements. Mr Greeley asked if after he filled, did he propose to pave? Mr Kraske replied, yes We will have 64 and 56 units but will build the first 64 units and fill the whole area We are going to start as soon as possible, as soon as we get the build- ing permit. We are going to stockpile in back and then we will remove it; it will be clean fill Mrs. Briggs, 2 Hadley Road said that you mentioned scraping, how much? Mr Kraske replied, 2 feet, they will put a bulldozer down, we are going to fill very close to the street level using a benchmark on the street, it is 100 feet and we are going to bring r✓ Tarr V it up to 98 feet and then a gravel base; it is now about 92 feet The Chairman said that in other words you are going down to hard pan Mr Kraske replied, right Mrs Wheaton, 5 Hadley Road, said you say that the level is 100 feet, so the numbers you have on the other don't pertain to the surrounding land; if the water runs downhill are the number relevant? Mr Kraske said that our numbers are relative to 100 feet; our 100 feet is an assumed point Mrs Wheaton asked if he means sea level? Mr Kraske replied, no, I am not an expert Mr Mike Emerson, Consulting Engineer, said that it has been picked as an assumed elevation of 100 feet; for all intents and purposes, it is immaterial The Chairman said that what they are saying is, Bedford Street is a given grade and this is below, they will build 2 feet to slope the back The side slopes are 99 to 92, Bedford Street has a grade of 2 10 and this is 2 02. They are going to scrape 8 feet below and fill it to 2 feet Mrs Wheaton asked, don't the sides of the property other than Bedford Street come in here? The Chairman said, if there is a brdidk. . Mrs Wheaton said there is The Chairman said they are going to slope to the brook. It is 99 to 92, a 7' patch, if a brook were going through this, we wouldn't let them fill it. Mrs. Smith asked if the plan shows how close to Simonds Road the brook is? Mr McSweeney said the brook is about 120' away Mrs Smith asked if they were putting any drainage in this area back to the brook? Mr Kraske said the drainage will go in. Mrs. Smith asked if he owned to the brook? Mr. Kraske replied, no Mr. Greeley said that he had said he had drainage easements across the end, is it your plan to drain the entire filled area to the brook? Mr. Kraske said it was, unless the engineers would have a different plan and we would go along with them The Chairman asked if there were any other questions. Mr. Sussman of the Conservation Commission said that since there has been quite a bit of peat removed and replaced with solid fill and since he believed the eventual drainage on this land will be into the brook, he would like to ask if thought had been given to holding back the water through any means at all by basins? He asked how many acres of asphalt will be added to the land? Mr. Kraske showed a plan of the general area and said it was probably about 3-k acres; the total site is 5 acres. The Chairman said that 3i acres would be 60% Mike Emerson, Consultant, said that the peat is immaterial , Pw 4t_b whether it is removed, it has been saturated in the past and the material will remain saturated The Chairman said that the answer is how much is covered with asphalt and rough graded; as I look at it, it will be about 4 acres to be covered. Mr Friedman, 176 Grove Street, asked you don't have any control over the brook? How do you assure that the flow is going to continue on Bedford Street rather than across HadPey Road Mr Kraske said that the Engineering Department assures me. Mr McSweeney said he didn't say that; you were going to present us with more information on how you were going to drain this. Mrs. Wheaton asked do I understand the drainage is 0 K as far as the Engineer is concerned? Mr. McSweeney replied that the drainage is, how they are going to get rid of it hasn't been resolved yet. Mr Kraske said as he understood it, the concern is the pipe going out was not large enough and this is the only thing you wanted to change. Mrs. Briggs, 2 Hadley Road, said her understanding is re- moving the peat and filling will change the equilibrium with the ground water that flows through that area; if so, what assurance can we have thatrtbe slowdown of water will not cause a backup on the other side of Bedford Street? Mr Kraske couldn't answer that, but it has been pointed out to him that this would not occur Mrs Briggs said she would like to see some sort of a guarantee. The Chairman declared that part of the hearing closed. The Chairman asked if anyone is present in favor of this proposal? No one was recorded in favor The Chairman asked if anyone is present in opposition to this proposal? The following were recorded in opposition Mrs. Phyllis E Thomas, TMM 55 Ivan Street Raymond E Murphy 443 Bedford Street Mrs. Iris G Wheaton 5 Hadley Road Graydon M Wheaton 5 Hadley Road Manfried Friedman 176 Grove Street Ann M Briggs 2 Hadley Road Winslow R Briggs 2 Hadley Road The Chairman declared the hearing closed, Recommendations will be received from the Conservation Commission, Planning Board and the Engineering Department; after receipt of these, the Se- lectmen will write a letter of recommendation to the State Depart- ment of Natural Resources. Mr. McSweeney informed the Board that we have been trying for a year to get electricity in our pumping station. The State would not allow any more poles on the State highway and wants us to go underground Boston Edison' s proposal is coming from Waltham Street with 23 poles Coming underground with 4 manholes would cost $4600 in wiring and another $4,000 in duct work, they would run conduit at a cost of $4600 It is okay with the State as long as it is underground Edison wants to own and maintain these manholes and I don't think we should pay $8600 Mr Kenney asked what is their purpose to become owners? Mr McSweeney replied that they say this is the way they write their contract, but they will come all the way from Waltham Street for nothing We have been talking underground and the question is, do we feel we want to go along Hayden Avenue at no expense? The Chairman said that he would not want to see any more Boston poles on Hayden Avenue, they should set it up with a master plan Edison to go underground for the pumping station. Mr. Greeley asked doesn't the new statute allow us to say to go underground? The Chairman said that if we raise the rate 2%, nobody knows what we add that to Mr Gray said that it read, for a given street it would be 2% on that street The Chairman said that we have said it would be underground in our subdivision, they are saying we will go underground as long as you pay the bill The Board instructed Mr. McSweeney to go back to Boston Edi- son and tell them to go underground and we want them to own and maintain. If they have any question on what point we participate, tell them to come in and talk with us Upon motion duly made and seconded, it was voted to accept the resignation of Mrs Mark Moore as Associate Member of the Resigna- Historic Districts Commission tion Upon motion duly made and seconded, it was voted to appoint Appoint- E. Sherman Hail from Private to Lieutenant in the Lexington Aux- ment iliary Fire Department The Chairman read a letter from Mr Holland informing us TMMA that a TMMA meeting will be held on December 18, 1969. Meeting Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incorporation Cert of Incorp Ida Krebs 453 Concord Avenue Mark Moore, Jr 1984 Massachusetts Avenue Rudolph J Fobert 25 Winthrop Road "Krebs School Foundation, Inc " aL Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on November 24, 1969 Upon motion duly made and seconded, it was voted to sign the li- Common cense for Common Victualler for Minute Man Buffeteria, 316 Marrett Victualler Road, subject to approval of the Board of Health' s final inspection License to be made this week Upon motion duly made and seconded, it was voted to sign the Chap. 90 Memorandum of Agreement with the State for Chapter 90 funds to re- Lowell St construct 1822 feet of Lowell Street, in the amount of $26,200 Mr Kenney discussed the Town Office Building. He said that a meeting is scheduled before the Historic Districts Commission for Wednesday, December 10 We are facing the problem of great incon- venience as we will have to get out of this building while it is being remodeled The Architect prefers that this building be vacated and the addition be constructed simultaneously; I point out that his construction estimate was based on that premise and if he is facing it being done in two or three sections, he will run into a figure as high as $50,000 The Building Committee is looking into alternatives such as putting some in Cary Hall and in the Barn We will be ap- Town proaching the Board with recommendations and alternative suggestions; Office we are going to make a decision by January I . We are meeting this Building Thursday morning and in preparation for the meeting, the Town Engi- neer is surveying Cary Hall and investigating the possibility of rental of new property One person suggested a one-year lease on whatever alternatives we choose will cost us money and inconven- ience for one or two years The Board agreed that Mr Kenney is to have the first meeting and come back to the Board with recommendations. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating, or Executive voting on matters which, if made public, might adversely affect the Session public security, the financial interest of the Town, or the reputa- tion of any person After discussion of matters of financial and legal interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10.30 P M. A true record, Attest �J C,1111/ Executive Clerk, Selectmen v C,; f SELECTMEN' S MEETING December 15, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, December 15, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel ; Mr Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer and Mrs. Petrie, Acting Clerk, were also present At 7 30 P.M the Chairman declared the meeting open and Mr. Louis A. Zehner met with the Board regarding any changes or correc- tions the Board wished to make relating to Selectmen' s report for the Town 1969 Town Report After a short discussion, changes were recommended Report to Mr Zehner. Mr. Zehner, thanked the Board and retired from the meeting. Mr Gray informed the Board he had received a letter from the Lexington Conservation Commission and had previously discussed its contents with the Chairman of that Board, Mr Stanley Brown Mr. Legro said he does not have all the information at this time and therefore does not want to exercise the options at this ' time. Hayden The Chairman said we do not know what you need or have not, as Avenue far as information goes Modoono Mr. Legro still insists the Board should not exercise the op- Land tion. Option The Chairman asked Mr Gray to get more information and also a copy of option of Modoono land. Mr. Legro said we are running short of time on Modoono property so get that one first then the four on Hayden Avenue and the rest The Board voted to have Mr. Legro prepare the options on the four on Hayden Avenue and the Modoono land; George H Crawford, John C Morgenstern, Nathan Ribock and Joseph T Murphy, Trustee of Valleyfield Realty Trust, Edward H. Hinds, Trustee of Area Realty Trust and Trustee of Hinds Realty Trust John Modoono land is off Utica Street. The Chairman asked about the Busa land. Are we acquiring the piece that was re-zoned? Mr. Gray said he will have a talk with Mr. Brown Has the Conservation Commission made the final offer, etc. for us to go ahead with a taking Mr. Gray read a letter from the Chief of Police, regarding a letter of resignation of patrolman Joseph W. Donahue, Jr. Resigna- Upon motion duly made and seconded, it was voted to accept the tion resignation of patrolman Joseph W Donahue, Jr from the Lexington Police Department 52U Mr Gray read a letter from Mary R McDonough, Town Clerk regard- Voter ing voter registration. The Board voted that the precinct registration Registra- sessions would not be necessary and to eliminate this procedure and tion that all registrations would be held at the Town Office Building The Town Report Committee requests a transfer of $250 to the printing Town Report Account #1760 Present balance in this appropri- Transfer at ion is $62 62 The amount requested will be used for clerical help Town in obtaining head start on report. Report Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer $250 to the printing Town Report Account #1760 Mr Gray read a letter from Mr Burke, Superintendent of Public Works regarding a letter from Eugene 0 Flewelling of 22 Locke Lane Storm to connect a drain from private property to the existing storm drain- Drain age system The proposed construction plan meets with the approval Flewelling of Mr John J McSweeney, Town Engineer Upon motion duly made and seconded, it was voted to grant the request of Eugene 0 Frewelling of 22 Locke Lane to connect to storm drain, subject to the specifications of the Town Engineer. Mr Gray received a letter from the Planning Director recommend- Reimburse- ing that the amount of $ 10,000 be appropriated for the reimbursement ment of of subdividers Subdividers The Chairman asked that a copy of this letter be forwarded to the Appropriation and Capital Expenditure Committee Mr Gray discussed a letter received from Frederick J Conroy of the law offices of Conroy & Owen regarding the Springdale Estates Springdale Subdivision off Bates Road Mr. Gray said he had not assured them Estates that town sewerage would be available shortly and that the Board was Subdivision just waiting for bids to come in The Chairman said he is not happy about the allegations and our position is exactly the same If he would like to come in and have us tell him again, fine The Chairman discussed with the Board the intent to alter cer- tain inland wetlands of Joseph Prestijohn located on Bedford Street Joseph near the intersection of Eldred Street, Lexington Prestijohn After a lengthy discussion the Board' s recommendation was to Property submit recommendations as received from the Planning Board, Conser- vation Commission and the Town Engineer to the Department of Natural Resources The Board also recommended that the D.M.R contact all the af- fected state departments and solve the problems at the Shawsheen River, because that is really what is affecting the whole area I 521_ " Upon motion duly made and seconded, it was voted to certify the character of the following, who has applied for Certificate of Incor- Cert of poration Incorp Lloyd R McIntosh 15 Childs Road "Wentworth College of Technology, Inc " Minute Man National Historical Park Advisory Commission asks that the Town of Lexington advise than) as to the Bicentennial Celebra- tion in 1975 The Chairman said the regional approach is that the other towns Bicenten- are against this, and asked Mr Gray to find out the size of the com- nial mittee from other towns before the appointment of a formal committee Celebration is made Upon motion duly made and seconded, it was voted to approve and sign the following licenses Lexington Council No 94, K of C Club License Sheraton Lexington Motor Inn (Innholder License) Virginia Coleman (Lodging House License) Licenses Colonial Garage (Class I Agent' s License) Lexington Auto Sales, Inc (Class I Agent' s License) Upon motion duly made and seconded, it was voted to sign the copies of a contract between the Town of Lexington and J J. O'Brien Chapter 90 Sons, Inc., dated December 5, 1969, for reconstructing a section Contract of Lowell Street, subject to Mr. Legro' s approval The Chairman made reference to a letter received from Mr Legro, Town Counsel , regarding transfer of $ 1000 to Engineering account at the request of the Board of Health for the fluoridation of Lexing- ton's water and said it was up to the Comptroller to use the existing funds Mr. Gray said he talked with Mr Perry and was told the funds should not be used, but there is an account available for Engineering Fluorida- services tion Mr Cataldo is not in favor of fluoridation of water and asked how many cities and towns using MDC water do fluoridate No one had the answer The Board voted to approve the transfer of $ 1000 to Engineering account at the request of the Board of Health for fluoridation of Lexington' s water Chairman Cataldo voted in opposition Mr. Mabee asked the Chairman why he voted in opposition Mr. Cataldo replied he felt this being a controversial issue the Town Meeting should vote the initial money It could be that we ap- proved this transfer and that the money is spent, then Town Meeting turns the program down, that is $ 1000 wasted, so I think Town Meeting should vote the $ 1000 5 Mr Mabee asked why did they wait so long to start this and now in such a hurry? Mr Mabee moved for reconsideration Mr Kenney seconded the motion Upon motion duly made and seconded it was voted to hold this re- quest for another week and invite the Board of Health in next Monday night to answer further questions Upon motion duly made and seconded it was voted to appoint Mr. Registrar Edward J Belliveau, 30 Oak Street a member of the Board of Registrars Appointment to fill the unexpired term of Ralph H. Elvedt to March 31 , 1971 Mr Kenney reported that the Town Office Building Committee dis- Town Office cussed the need for a separate article in the warrant for the fee did Building not include "moving around" during construction Article Mr Legro suggested listing items - not cost, when requesting an article Mr Gray is to prepare an article for Town Office Building Com- mittee The Chairman commented on the Suburban Responsibility Committee article and asked if he was right in remembering that it was the Boards position that if we were going to insert their article we would support it? If not it would be a citizens article. Mr Greeley said he did not remember either but that the Commis- LCSR sion should be notified if we don't intend to insert them so they Articles could be inserted as citizens articles The Board agreed Mr Legro asked about Article B that was referred to in the letter He stated that there was no article B submitted to him Mr. Greeley said Article B was identical Junior High School article of 1969 Town Meeting Mr Legro commented on Article A and stated that we could not appropriate money as it was submitted. Mr. Greeley said the Suburban Responsibility Committee would be meeting Tuesday night and he would discuss the Board' s feeling with them The Boards feeling is that they would not support this article in its present form. If the Commission would delete the committee they would consider insertion of the article and supporting it. Data Mr Bailey made mention of Data Processing Committee and that no Processing funds were requested at this time, but asks for article requesting con- Committee tinuation of Committee for one year. Upon motion duly made and seconded, it was voted to go into Exe- Executive cutive Session for the purpose of discussing, deliberating or voting on Session matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of any person Upon motion duly made and seconded, it was voted to adjourn at 10 30 P.M � J3 A true record, Attest c / ' a „. J Acting Clerk, Selectmen 1023 `' SELECTMEN'S MEETING December 22, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, Decem- ber 22, 1969 at 7 30 P M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr. Legro, Town Counsel ; Mr Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer and Mrs McCurdy, Executive Clerk, were also present Mr. Gray informed the Board that a request has been received from the Lexington Motor Inn for an extension to 2 00 A.M on New Year' s Eve for the sale and serving of liquor Upon motion duly made and seconded, it was voted to grant Lexington permission to the Lexington Motor Inn to serve liquor until 2 00 Inn A M. on New Year' s Eve in the function rooms, not in the Cracker Barrel Room or the dining room unless the dining room is re- served for a function Mr. Gray read a request from the Comptroller to change the anniversary date of January I for the Life Insurance Policy of Town employees to April 1 , to coincide with the anniversary date of April I- for Blue Cross-Blue Shield coverage. Insurance Upon motion duly made and seconded, it was voted to change the anniversary date to April I for the Life Insurance Policy for Town Employees. The Chairman discussed the Town Manager and said, as you know, we have been interviewing for some time and have received sixty-nine applications, after evaluation, we narrowed that num- ber down to twenty and three withdrew applications; we person- ally interviewed eight and narrowed it down to five and eventually to three and, after interviews, to two candidates. We have to get someone here and get squared away; if we are Town going to appoint someone other than Mr Gray, we have to have Manager someone here shortly as there is a transition period. What is the Board' s feeling? We should make it clear at this time that regardless of what happens after the appointment is made, we will make a complete and full report to the Town as to how we handled it and the final appointment Mr. Otis Brown addressed the Chairman and said that he would like to speak to the Board As a former member and Chair- man of the Board, he was speaking on behalf of Mr. Gray as he was a member of the Board responsible for hiring Mr Gray at the time as Executive Assistant He said that he knows nothing J524 about the other candidates but does feel strongly about Mr Gray as he has the qualifications and is fully suitable for the posi- tion of Town Manager, and respectfully requests the Board to consider him as Town Manager. The Chairman said that he would hope that regardless of the appointment or who the appointee is, you would know that the Board did evaluate Mr. Gray in great length knowing his capa- bilities and we gave him the consideration he deserved. We labored long and hard on his application and there are going to be some unhappy people regardless of which one is appointed. We appreciate your coming in and saying how you feel The Chairman asked the feeling of the Board? Mr. Mabee said that we advertised extensively and approached several schools that graduate Town Managers. He moved to appoint Walter C. O'Connell as Special Assistant to the Board at an an- nual rate of $ 18,000, effective January 5, 1970; and further moved to appoint Walter C. O'Connell to the position of Town Manager at the annual rate of $21 ,000 effective March 2, 1970. Upon motion duly made and seconded, it was unanimously voted to appoint Walter C O'Connell as Special Assistant to the Board at the annual rate of $ 18,000, effective January 5, 1970 Upon motion duly made and seconded, it was unanimously voted to appoint Walter C. O'Connell to the position 6f Town Manager at the annual rate of $21 ,000, effective March 2, 1970 The Chairman submitted a health report on Mr. O'Connell , who was examined by Dr. Treat and found to be in good health Later on in the meeting, it was agreed to rescind the pre- vious votes. Upon motion duly made and seconded, it was voted to re- scind the vote to appoint Walter C O'Connell as Special Assist- ant to the Board at the annual rate of $ 18,000, effective January 5, 1970. Town Upon motion duly made and seconded, it was voted to rescind Manager the vote to appoint Walter C O'Connell to the position of Town Manager at the annual rate of $21 ,000, effective March 2, 1970 Upon motion duly made and seconded, it was voted to appoint Walter C O'Connell to the position of Special Assistant to the Board of Selectmen, effective January 5, 1970, without financial compensation Upon motion duly made and seconded, it was voted to appoint Walter C. O'Connell to the position of Town Manager, effective March 2, 1970, subject to appropriation therefor by the 1970 Annual Town Meeting, to establish the compensation for services of the Town Manager for the period March 2, 1970 through Decem- ber 31 , 1970 at $2050.00 per month. It is the intention of the Board of Selectmen to establish such compensation effective January I , 1971 not in excess of $21 ,000.00 per year. The Chairman informed the Board that the Town Clerk requests a transfer of $890 to lease four voting machines. He read a letter from Miss McDonough which stated that in 1968, the Town leased for a year, with an option to purchase, seven used voting Transfer machines. The 1969 Town Meeting amended the Article from seven machines to three machines to be leased. We have the four machines here and if we send them back to New York, there is a shipping charge of approximately $ 120 and if Town Meeting approves seven machines in 1970, there will be a return shipping charge of $ 120. Upon motion duly made and seconded, it was voted to approve the request of the Town Clerk to ask the Appropriation Committee for a transfer of $890 from the Reserve Fund to Article 32 - 1969 Annual Town Meeting The Chairman read a request from the Assessors for a transfer of $ 100 to Assessors Account #3000 for miscellaneous office sup- plies and expenses. Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $ 100 to the Assessors' Account #3000 The Chairman informed the Board that due to illness of the Clerk in the Tax Collectors' Office, it was necessary to hire 111 temporary help and, therefore, the sum of $200 is needed in the Clerical Pool Account #1075 Transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $200 to the Clerical Pool Account #1075 Upon motion duly made and seconded, it was voted to reap- point F William Smith as Assessor for a three year term expiring Appointment January I , 1973. Upon motion duly made and seconded, it was voted to reap- point Mrs. Georgia H Williams as an Associate Member of the Appointment Historic Districts Commission for a five year term expiring January I , 1975 The Chairman read a letter from the ABC regarding the rules and regulations for Christmas Day, December 25, 1969 and New Year' s Day, January I , 1970 Upon motion duly made and seconded, it was voted that Pack- ABC age Goods Stores are to remain closed but Motels and Clubs may serve from 12 00 N to specified closing hour on Christmas Day, December 25, 1969 Upon motion duly made and seconded, it was voted that Pack- age Goods Stores are to remain closed but Motels and Clubs may serve from II 00 A.M to II 00 P.M on New Year' s Day, January .1 , 1970 Il 526 The Chairman read a letter from the Comptroller recommend- ing that the balance of $32,388.30 in the Sale of Lots fund be used to reduce the amount of borrowing necessary for the Town Town Office Building addition Office Upon motion duly made and seconded, it was voted to ap- Building prove the recommendation of the Comptroller that $32,388 30 in the Sale of Lots fund be used to reduce the amount of borrow- ing necessary for the Town Office Building addition, and to so inform the Appropriation Committee The Chairman read a letter from the Building Inspector Electrical recommending the establishment of an Electrical Maintenance Maintenance Permit and a fee of $50 00 Permit Upon motion duly made and seconded, it was voted to ap- prove the recommendation of the Building Inspector to estab- lish an Electrical Maintenance Permit, with a fee of $50.00 The Chairman read a letter from Mr. Flint, Executive Secre- tary of Lincoln, regarding the proposed Route 2A from Route 128 Route 2A to interchange with proposed new Route 2 The letter states that a meeting had been held with officials of National Park and the Town of Lincoln and the areas of general agreement are as follows I Route 2A should not be a limited access highway and should provide access to any abutting properties where the need may some time exist ( Its width should not exceed four lanes or two lanes with a breakdown lane ) 2 Mill Street should not be developed to join the pro- posed Route 2 as presently shown by the DPW, but should be dead-ended short of this route. 3 That there be developed at the time of construction, roads servicing the Lexington Inn, the Boston Edison plant, and Lexington' s commercial areas 4 That the complexity of the interchanges be simpli- fied to the greatest possible degree. Mr. Kenney asked if the Planning Board is aware of these pro- posals The Chairman said that we have just received the letter and didn't want to send it to them until the Board had decided on it. Mr Greeley said that he would like to hear from the Plan- ning Board before we go on record. It was agreed that Mr McSweeney would review the proposals and submit the letter to Mr Zaleski on next Monday 527 ✓ �5 Representatives of the Red Cross met with the Board Mr. Jack Slowey, Chairman of the Board of Directors, said that we are concerned about the building at 9 Hancock Street that the Lexington Chapter occupies, this building is the property of the Town of Lexington A month or so ago, we noticed the ceiling was buckling and we asked our board member to look at it and possibly suggest what we could do to repair it He looked at it and said that, obviously, it was something more than just the ceiling, that the problem was due to settling We also have rotting sills and he thought we ought to have a professional look at this and tell us what to do We took his advice and contacted Donald Muirhead, who is an authority with respect to old buildings and is the man who did the planning for the restoration of the Munroe Tavern. He came out and confirmed our fears after making a report, not a de- tailed study, of the building Our purpose, tonight, is to call this matter to your atten- tion, this is not the most urgent matter, but is something that certainly should receive attention The Chairman said that we own the building and it must be shored up, we will have the Public Works Department do it the first chance they get Mr. Mabee suggested that we do all the buildings of this type at the same time, such as the Visiting Nurses and the School Administration Buildings Mr. Greeley said that we do not own the Visiting Nurses' building Red Cross The Chairman said that we should take one step at a time, first, to authorize the Public Works Department to shore this building. Mr Mabee said that he is in favor of this but would like to take a look at all the buildings Upon motion duly made and seconded, it was voted to instruct the Superintendent of Public Works to make arrangements for shor- ing work to be done on the building occupied by the American Red Cross on Hancock Street The Chairman said that if the Board feels we are to keep this building, we should explore the area of historical value, what it would cost to restore it and what part the Red Cross would play if we did this - would they leave if we didn't restore the building and if they moved, what would we do with it? Mr Greeley asked what arrangement we have with the Red Cross as far as responsibility? The Chairman said that they maintain it, they pay their own light bill , when they had a problem with drainage and, another time, with the fireplace, they took care of them; the Red Cross paid for this initial study Mr Kenney said that in order to establish the historical value we would need a report from the Historical Society and we need an estimate of what it would cost to restore the build- ing Mr Slowey said that Mr Muirhead would have to make a more detailed examination but he did make a rough, and high, figure of $ 18,000 Our Board did vote to undertake to pay for this $ 1200 study if the Board of Selectmen have a mind to pursue the matter The Chairman didn't think they should spend $ 1200 for this study unless we go to Town Meeting for funds to restore the building Mr. Greeley said that as he understands it, the Red Cross is saying they think this is important enough to them that they would spend money for the study. Mr Slowey said that the Board did vote to do the shoring work, which is the immediate problem If you ask the Historical Society to report on the historical value of the building, we will wait until that report is available and you have had an opportunity to evaluate it The Chairman asked how long the Red Cross felt the building was adequate for their purposes? Mr Slowey said that they have no compelling reason at the present time, short of the building being torn down, for leaving these premises Mr Greeley asked if they had $ 18,000 to spend, would the Red Cross get something better? Mr Slowey replied that it is their feeling that the build- ing is worth saving, quite apart from the Red Cross He didn't know about the history of it but is almost certain that it is not revolutionary or pre-revolutionary; the location, age and aesthetics are such that he would think the Town would want to keep that building from falling down. The Chairman said that the Board wants a report from the Red Cross as to where they would move and what are the advan- tages of this building to you as a Red Cross function When that report comes in, we will ask the Historical Society for a report. In the meantime, Mr Burke will make arrangements to have the building shored up The Red Cross representative retired from the meeting The Chairman read a letter from the Director of Civil Ser- vice which stated that Richard E. Lupo is eligible to become Sealer of Sealer of Weights and Measures, as he was the only person to Weights and take this examination Measures Upon motion duly made and seconded, it was voted to appoint Richard E Jupo as Sealer of Weights and Measures, effective February 2, 1970, at a monthly salary of $ 125.00 1st Class Upon motion duly made and seconded, it was voted to sign License the First Class License for Rowe Chevrolet, 41 Bedford Street 1 529 Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen' s Meetings held on December I and 15, Minutes 1969 Upon motion duly made and seconded, it was voted to sign Common Victualler licenses for the following (renewals) Common Arno Associates, Inc 321 Woburn Street Victualler Friendly Ice Cream Shop 66 Bedford Street Licenses Hancock Market 6 North Hancock Street Renewals Powder Horn Golf Course 40 Walnut Street Regent Delicatessen 1729 Massachusetts Avenue Woodhaven Country Store 424 Marrett Road The Chairman informed the Board that the Tax Collector has submitted a list of uncollectable ambulance bills totalling $463 00. Ambulance Upon motion duly made and seconded, it was voted to turn Bills the list of uncollectable ambulance bills over to Captain Furdon for possible collection The Chairman read a letter from the Planning Board which recommended payment to A Busa, Trustee of Busa Realty Trust, in the amount of $2,381 .25, as reimbursement for the extra width of Busa Sub- Emerson Road division Upon motion duly made and seconded, it was voted to approve payment to A Busa, Trustee of Busa Realty Trust, in the amount of $2,381 .25, as reimbursement for the extra width of Emerson Road subdivision Dr Cosgrove and Mr Heustis of the Board of Health met with the Board The Chairman said that you have requested $ 1 ,000 to do a study on fluoridation and the Board has questions of you. Mr Mabee said that his major question is, since we had the legal right to fluoridate why is it that we are waiting until now to move ahead and getting it done in time, why didn't we go Fluoridation to the last Town Meeting, or what is the big rush that we need the transfer? Dr Cosgrove said that it is a health measure and the sooner it is in action the better off you are When we first ordered the Board of Selectmen to fluoridate we figured our responsibi- lity was down; then I contacted James Dunning who carried on a campaign and got the water fluoridated; 1 asked him and he said when it was voted in they ordered the water department to fluor- idate and they took over. I also contacted the Board of Health in Winchester and his answer was the same; they ordered fluori- dation and the water department took over A short time ago, 530 the Board of Health was told that a survey would have to be made and I contacted the State Board and was told we should get an appropria- tion of approximately $ 1,000 to make the study In a Town like this, in two or three places where the water supply came into the Town, in such places equipment would have to be put in each of these supply places Then we put in an application for $ 1 ,000 as all of this was news that it was necessary Mr Heustis said that it was common in other towns, once the Board of Health orders fluoridation, the concerned department in the Town Board of Public Works or the Water Department takes over. The survey they required is to come up with definitive plans, the State must approve the plans In reading the Minute-man, there was a dis- crepancy in what I reported The Board requested a preliminary survey of $ 1 ,000 for engineering fees, going out to bid, etc For a definite survey, Whitman and Howard suggested $4,000; with drawings, and implementation, it would be beyond $4,000 The paper implied that $4,000 would put the program in operation which it wouldn't The Chairman said that you want $ 1 ,000 for a preliminary survey and $4,000 for filing plans and specifications; if you got $ 1 ,000 now and do the preliminary survey, you will ask for $4,000 in March? Mr. Heustis replied, yes The Chairman asked how long it would take to do the final plans and specifications% Mr Heustis replied that he didn't ask, Whitman and Howard said January for preliminary plans Dr Cosgrove asked if they could ask that $ 1 ,000 be appropriated for this original survey? In the meantime, Winchester wants to talk with us, they have a system in since 1956 and it meets with the specifications of the State. It is possible to stall things until Public Works can meet with them. Mr. Mabee suggested that they ask for $6,000, $ 1 ,000 for Whitman and Howard preliminary plans and go out for final plans to be ap- proved by the State, and have construction, too The Chairman said, construction at $25,000. Dr Cosgrove said, that was just a guess. The Chairman said that his approach would be that we would hate to spend $ 1 ,000 and come in in March and have Town Meeting turn this down, we have lost $ 1 ,000. If you have to go back to Town Meeting for money, you should get initial approval of what we are faced with Dr. Cosgrove agreed. The Chairman asked Dr Cosgrove to send a letter to withdraw this request and it could be covered in one Article and Mr. Legro will draft it Mr Legro said that we need to know what you want to accomplish Mr Heustis and Dr Cosgrove agreed to submit the letter with- drawing the request for $ 1 ,000. The Chairman discussed the Animal Inspector He said that the Animal recommendation is to leave him in the same classification and give Inspector additional compensation for lab work. Mr Heustis said that position hasn't had an increase in years 53 tv II/ Mr Heustis and Dr Cosgrove retired from the meeting Mr Kenney informed the Board that permits and fees had been discussed at the TMMA meeting Fee changes have been voted but com- mercial vehicles to carry rubbish to the dump have not been set. Upon motion duly made and seconded, it was voted to change the fee for commerical vehicles to carry rubbish to the dump from $25 to $ 100. Dump Upon motion duly made and seconded, it was voted that the fee Stickers for a commercial vehicle to pick up his own material at his house and take it to the dump would be $ 1 Mr. Kenney said that the question was raised at the TMMA meet- Betterments ing about the 4% increase charge on betterments Is there any feeling for legislation to change? Mr Legro said that the interest rate is 4% per year; if you change the legislation, it could say up to 6% or not exceeding 6% It was the concensus of the Board not to change as it would take an Act of Legislature to change it. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect the Session public security, the financial interests of the Town, or the reputa- tion of any person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meet- ing. The position of Town Manager was discussed. Upon motion duly made and seconded, it was voted to appoint Walter C. O'Connell as Special Assistant to the Board of Selectmen, effective January 5, 1970 Town Upon motion duly made and seconded, it was voted to appoint Manager Walter C O'Connell as Town Manager, effective March 2, 1970, sub- ject to an appropriation therefor by the 1970 Annual Town Meeting, and to establish the compensation for services of the Town Manager for the period March 2 through December 31 , 1970 at $2050 per month Upon motion duly made and seconded, it was voted to adjourn at II 00 P.M A true record, Attest N+' Executive Clerk, Selectmen Al 7t �1 I } r:92 SELECTMEN'S MEETING December 29, 1969 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, December 29, 1969 at 7 30 P.M. Chairman Cataldo, Messrs. Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel , Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer and Mrs. Petrie, Acting Clerk were also present. At 7 30 P.M. the Chairman declared the meeting open and at the re- quest of Town Clerk, two jurors were drawn Jurors Mr. James C. Allen 435 Lowell Street Mr. Robert D. Enzmann 29 Adams Street The Celebrations Committee requests a transfer of $200 to Account #2400. Present balance in this appropriation is 11 .71 . The amount $ requested is to pay outstanding bills, mostly for Patriots Day, as ex- penses were larger than expected. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer $200 to Account #2400. Transfers A request for a transfer to Article #5 of 1969 Town Meeting for $ 10.00 for payroll of Town Clerk, Collector and Treasurer. Present balance in this appropriation is $634.20. The amount requested is for final payroll of the year amounting to $640.62. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer to Article #5 of 1969 Town Meeting $ 10.00 to payroll of Town Clerk, Collector and Treasurer. The Inspection Department requests a transfer of $300 to In- spection Personnel Services to Account #4450. Present balance in this appropriation is $637.42. The amount requested is for final payroll of the year in the amount of $918.75. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer $300 to Inspection Personnel Ac- count #4450. The Police Department requests a transfer of $2100 to Police Expense Account #3800. Because expenditures involved are necessary everyday cost, difficult to control . Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer $2100 to Police Expense Account #3800. The Public Works Department requests a transfer of $27,000 to Snow Removal Account #5500. Present balance in this appropriation is $7,058.64. The amounts of snow far exceeded the estimated amounts normal for a per storm basis. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer $27,000 to Snow Removal Account #5500. A letter from the Department of Corporation and Taxation was received regarding term bonds for the Treasurer - $109,300, Collector, $ 110,900 and Clerk, $2, 100. Term Upon motion duly made and seconded, it was voted to sign term Bonds bonds for Treasurer for $ 109,300, Collector $ 110,900 and Clerk $2, 100. Upon motion duly made and seconded, it was voted to sign the following Common Victualler Licenses Geoffrey' s Pharmacy 411 Waltham Street Common Pine Meadows Golf Club Cedar Street Victualler Take Home Foods of Lexington 211 Massachusetts Ave. License Brigham' s Inc. 1777 Massachusetts Ave. Upon motion duly made and seconded, it was voted to insert the following twenty-one Articles in the Warrant for Town Meeting in March of 1970 I . Woburn Street Land Acquisition 2. Cary Library - three Articles 3. Housing Authority - one Article 4. Fire Department - two Articles 5. Cemetery Commissioners - three Articles 6. Data Processing Committee 7. Recreation Committee - six Articles 8. Permanent Building Committee - 2 Articles Articles 9. Conservation Commission - five Articles 10. Board of Health II . Planning Board - 16 Articles 12. Streets, 18 plus betterment streets 13. Selectmen (Mr. Jaquith - gift of Mrs. Marcia Dane) 14. Town Hall Construction 15. Re- location Expenses 16. Lease of Voting Machine (Request of Town Clerk) 17. Sale of Land, Rockville Avenue 18. Hartwell Avenue - two Articles 19. Suburban Responsibility Commission - two Articles 20. Ballot - Blue Cross-Blue Shield Authorization - increase death benefits. 21 . Citizens Articles - eleven Articles Upon motion duly made and seconded it was voted to insert an Article to purchase Grey Nun Property. 5:3 4 Upon motion duly made and seconded, it was voted to insert an Article for the gift of the Russell House. Upon motion duly made and seconded, it was voted to insert an Article for the layout of Wallis Court. Upon motion duly made and seconded, it was voted to insert an Article to accept a gift from the Promenaders. Upon motion duly made and seconded, it was voted to insert an Article to insert general articles that are inserted each year. Upon motion duly made and seconded, it was voted to adjourn at 7 55 P.M. A true record, Attest Acting Clerk, Selectmen I