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HomeMy WebLinkAbout1970 5:) SELECTMEN'S MEETING January 5, 1970 A reguiar meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, January 5, 1970, 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; Mr. O'Connell , Special Assistant to the Board, and Mrs. McCurdy, Exe- cutive Clerk, were also present At the request of the Town Clerk, eleven jurors were drawn Peter A Donovan, Jr. 32 Ivan Street Wardwell F Holman 249 Wood Street Richard E. Lee 297 Emerson Road Jurors Kenneth Lewis 9 Holmes Road Brainard J. Noyes 10 Briggs Road Harry Sake lay 28 Stimson Avenue Kimball S Stevens 580 Lowell Street Ralph H. Dutcher 33 Skyview Road Lock land B. Mills 2 Essex Street Donald S. Champagne 49 Cliffe Avenue Eugene E. Dacey 30 Arcola Street The Chairman informed the Board that Civil Service held an examin- ation for Sealer of Weights and Measures and Richard E Lupo, 9 Dunham Street, passed the examination and is eligible to be appointed Mr Gray said that he had interviewed Mr. Lupo, Electrical Engi- Appointment neer for Infoton in Burlington, and as this will be a new field for him, the present Sealer, Mr. Belcastro, will work with him and help Mr Gray recommended that the Board appoint Mr Lupo as Sealer of Weights and Measures, effective February 2, 1970 Upon motion duly made and seconded, it was voted to appoint Richard E Lupo as Sealer of Weights and Measures at a salary of $ 125 per month, effective February 2, 1970 Mr. Legro informed the Board that he would like to discuss the voting machines now held by the Town He said that in September, 1968, a contract was presented for seven machines, and after considerable negotiations, he had re-drafted the contract and leased seven machines Vote for one year, with the option to purchase them, or any part of that Machines number, by November 15 This year, a new contract was presented for the lease-purchase for a period of ten years, with an option to cut out any number of machines or all machines at any given term He had found it as objectionable as he had a year ago and wrote back to that effect While the company was anxious to lease the machines to us over a year ago because they were just sitting in Reading, now it does not want to Jfle)1_, do this What does the Board want to do with these machines? We have them now and money was appropriated for the rental fee for one year. The question is on three machines or all seven for a one year lease, there is no provision in the contract for leasing for more than one year. The Chairman felt that the terms should stay as they were Mr Legro said that there was no provision The company's position changed and they want the machines back or on a ten year lease basis Mr. Gray said that he had talked with Miss McDonough and she feels that with the registrations in various precincts she needs seven machines and there was a motion to reduce it to three Miss McDonough has had a transfer for the extra four machines. The Chairman said that we should look into buying machines Mr. Legro said that this has nothing to do with next year This is to keep the machines that are here. We have money to keep seven on a one year lease basis. Technically, the machines are here simply because they haven't been shipped back We have no right to use them and we are under obligation for paying shipping charges to New York To keep the machines from year to year and put on a rental purchase plan, it is $645 97 for three machines; the rate js somewhat higher than last year. Seven machines were $ 1258 60 and this figure is three for $645 97 Mr. Gray said that it was between $40 and $50 higher The Chairman asked why we could not go back to the same price? Mr Legro said, because they changed their price Mr Gray said that they wanted us to sign a long term contract and we said, no; it we did, the price would have remained the same The Chairman thought that this went towards the purchase price. Mr. Gray said that it did, if we signed the contract Mr. Legro said that, in his opinion, this is not a contract authorized by the laws of the Commonwealth We wanted to lease for one year or we didn't want to be leasing them The question of buy- ing was going into a different system Mr. Mabee recommended that before we make a specific recom- mendation, we ought to check with the Appropriation Committee. Mr. Legro said that we can get all the information as to what it will cost us The situation is not critical but we ought to resolve this within the next few weeks. The Chairman said that we will resolve this next Monday evening Mr Legro informed the Board that the Conservation Commission requests options on the Modoono property and I still have not re- ceived the executed original or copy as executed My office copy Modoono says that the option must be executed by January 15th Property Mr Gray said that he had discussed this with Mr Brown and he said that it would be in Mr Legro' s office Mr Legro suggested that it wait until next Monday evening; it can be exercised on January 15 and exercised properly I e5€l F4 6/ The Chairman informed the Board that a number of citizens had asked him about the possibility of having the white lights kept on the trees in the center during the winter months. The Chamber of Commerce owns the lights and we would have to pay the electric light bill which Center should be under $200 and could be paid out of the electric light ac- Lights count Upon motion duly made and seconded, it was voted to keep the lights on the trees in the center until March 15, 1970, as a center beautification. Mr Gray informed the Board that bids have been taken for the printing of the Town Report Only one bid was received and this was from Semline Incorporated in the amount of $4, 174.00, plus additional Town charges for color pages, photos, etc Report Upon motion duly made and seconded, it was voted to award the contract for the printing of the Town Report to Semline Incorporated, in the amount of $4, 174 00, plus additional charges Mr. Gray informed the Board that a letter has been received from Chief Corr, requesting that policemen on special detail be paid at the rate of $5 00 per hour, with a minimum of four hours, rather than $4.50 per hour, with a minimum of four hours The Chairman said that for details outside, we would have to pay them the same rate, if this is the case, we would have to raise the fire department Mr Greeley felt that four 'hours minimum is making it steep, he Police recommended a three-hour minimum Special Mr Gray said that it has been three years since this rate has Detail changed and the Board gave the Chief blanket authority to do this. This money goes directly to the Police Officer Upon motion duly made and seconded, it was voted to approve the request of Chief Corr to change the rate for special details from $4 50 per hour, with a minimum of four hours, to $5 00 per hour, with a minimum of three hours Mr. Gray informed the Board that a letter has been received from the School Department regarding the Town and School census bids by Data Processing Services The letter states that it is estimated that the entire job, including the cost of processing, salaries of census takers and supplies, will be between $ 13,000 and $ 14,000. The low bidder was Town and requested to submit an estimate showing the cost breakdown of his ser- School vices as it applied to Town and School Department information and this Census was submitted, showing that the cost is essentially 50-50 The Town Clerk has included $4,000 in personal services and $ 1500 in expenses in the 1970 budget; in addition, she has $ 1500 held over from the 1969 budget which, according to the Comptroller, could be used. Mr Gray said that he had checked with the Town Clerk and this money is available, subject to a vote of the March Town Meeting The School Department would like to award this contract, subject to ap- proval of Town Meeting, this evening The Chairman said that he had asked the question of what we would do- if our $5500 doesn't go through and was told that part of the contract would be deleted in March. Mrs Scigliano of the Lexington Minute-man said that she under- stood it to be illegal to take the census of both Town and School at the same time The Chairman said that it is the recommendation of the Town Clerk to do it this way It was agreed to check out the question of legality with the Town Clerk The Chairman read a letter from the Women' s ORT, Battle Green Chapter, requesting permission to hold a sale of local arts and crafts Permit on the grounds of Buckman Tavern on May 17, 1970 Upon motion duly made and seconded, it was voted to grant permis- sion to the Women' s ORT, Battle Green Chapter, to hold a sale of local arts and crafts on the grounds of Buckman Tavern on May 17, 1970, sub- ject to the restrictions of the Superintendent of Public Works. Upon motion duly made and seconded, it was voted to authorize I D Card the Chairman to sign the Liquor Identification Card for Donald L Gates, 17 Wheeler Road 1st Class Upon motion duly made and seconded, it was voted to sign a First License Class License for the following Auto Engineering, Inc 436 Marrett Road Lawless Mawhinney Motors, Inc 581 Marrett Road Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on December 29, 1969 Upon motion duly made and seconded, it was voted to sign the Mass statement of expenditures covered by Memorandum of Agreement between Avenue the State DPW and the Town for contract No. 25360, for Massachusetts Avenue between Worthen Road and Nickerson Road, in the amount of $6,000 Upon motion duly made and seconded, it was voted to sign Common Victualler licenses for the following, which are all renewals Common Anthony' s Restaurant 27 Waltham Street Victualler Bellino' s 141 Mass Avenue Licenses Buttricks 34 Bedford Street Howard Johnsons Route 128 James H McManus 399 Lowell Street Minute-Man Restaurant 1715 Mass Avenue Pewter Pot Realty Corp 1710 Mass Avenue George R Reed & Sons 1721 Mass Avenue Wardrobe Pharmacy 807 Mass. Avenue 0e-)t The Chairman recommended that Walter C O'Connell , Special Assist- ant to the Board of Selectmen, be appointed a member of the Committee to negotiate the union contract; Mr Gray and the Chairman are members of Appoint- the Committee ments Upon motion duly made and seconded, it was voted to appoint Walter C O'Connell a member of the union negotiating committee. Upon motion duly made and seconded, it was voted to appoint Walter C O'Connell a member of the Town Office Building Committee. Mr. Greeley informed the Board that Mrs Riffin' s term of office has expired as a member of the MAPC Council ' s Technical Advisory Commit- tee on Regional Organization as of December, 1969 He recommended that MAPC a letter be written to the president of the Council informing him that a new appointment will not be made until after Town elections in early March and to request that Mrs Riff in continue to represent Lexington on the Committee until that time The Board agreed that a letter be written to the Advisory Council of MAPC. Mr McSweeney discussed Wallis Court and showed a plan of the area He said that Mr Comeau has proposed to put up a building within 31 feet of the present travel way with no walking space, it would definitely cut off the profile The Chairman said that he does not have a building permit and it can't be built until there is a notice of the hearing and parking require- ments Wallis Mr Legro said that they are bound by the amendment to the Zoning Court By-Law, when and if adopted Mr McSweeney said that they are considering an Article to widen Wallis Court Mr Legro said that the question is whether you are going to lay out Wallis Court wider than it presently is How are you going to effect a set back from Massachusetts Avenue by doint that? The Board agreed to investigate establishing a building line from the Colonial Garage showroom to the end of the zone and, further, to come back with a recommendation for Town Meeting Mr Gray and Mr McSweeney were instructed to talk with Mr Zaleski to look into this and come back to the Board with a report Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public secu- rity, the financial interests of the Town, or the reputation of any person After discussion of matters of financial interest to the Town and those involving personnel , it was voted to go out of Executive Sessfon and adjourn at 10 22 P.M A true copy, Attest 727 Eleanor M McCurdy Executive Clerk, Selectmen 4 540 SELECTMEN'S MEETING January 12, 1970 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, January 12, 1970, at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel,, Mr Gray, Executive Assistant, Mr O'Connell , Special Assistant to the Board of Selectmen, 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 met with Rev Wells and Mrs Frankovitch regarding a resolution to proclaim January 15, 1970 as Martin Luther King Day He presented the proclamation to Proclama- the Board to discuss tion Upon motion duly made and seconded, it was voted to approve the proclamation, as amended, and to submit the proclamation to the newspaper for publication Mr Gray informed the Board that he had drafted a letter to be sent to Mr Taylor of the Permanent Building Committee regarding the access road to the new Junior High School This letter states that the Traffic Study Committee understands that if the new Junior High School is located near Marrett Road, it would have to be within 100 feet of Route 2A The Committee considers the use of Marrett Road as the principal access to be undesirable and is of the unani- Jr High mous opinion that locating the school that close to Route 2A would Access Rd create conditions completely unacceptable from the traffic circula- tion and safety viewpoint, creating congestion and inadequate maneuvering and live parking areas. Access can be provided from Allen Street and Brookside Avenue but because of the thickly settled residential character of Brookside Avenue and the poor site distance at the Waltham Street-Brookside Avenue junction, it is strongly recommended that a new roadway be considered from Waltham Street, south of Brookside Avenue Stedman Road, even if improved, would not be adequate as the principal access but would be a very good auxiliary access for an effective circulation pattern The letter also states that during discussions with the Architect, the possibility of acquiring the new access right-of-way for school purposes might possibly qualify this for State assist- ance for the construction of the new entrance If it is determined that this new access is desirable, we would recommend that the Architect check this out. Regardless of whether it does or does not qualify for State aid, the Traffic Study Committee' s recommend- ations stand Mr Greeley asked if the Committee had considered a driveway between the school and Marrett Road? I ,j J V /� Mr. Gray said that as he understood it, there is not enough dis- tance without getting on private property During discussion of this, it had come up that a taking would have to be made. The Architect said that if we acquire a 50' right-of-way for school purposes, State aid would be made available, but we feel that he should check this out Mr. Greeley said that it might be a 70' or 80' right-of-way The Board had no objection to sending the letter to Mr. Taylor Upon motion duly made and seconded, it was voted that Election Election Day is to be held on March 2, 1970 from 7 00 A.M to 8 00 P.M Day Upon motion duly made and seconded, it was voted to set the date for Town Meeting to be held on Monday, March 16, 1970 at 8 00 P.M. Annual Upon motion duly made and seconded, it was the recommendation of Town the Board that adjourned meetings be held on Mondays and Wednesdays at Meeting 7 30 P.M Upon motion duly made and seconded, it was voted to sign the Hillcrest sewer betterment assessments for Hillcrest Avenue. Sewer Upon motion duly made and seconded, it was voted to certify the Cert, of character of the following who have applied for Certificate of Incor- Incorp p®ration Howard S Aksen, 26 Mason Street, and 18 other residents "Pleasant Brook Pool Corporation" Rudolph J Fobert 25 Winthrop Street James R. Howard 59 Wood Street "Education Collaborative for Greater Boston, Inc " Upon motion duly made and seconded, it was voted to sign the Common Victualler licenses for the following renewals, all having been approved by the Board of Health Alexias Panagiatou (Alexander' s Pizza) 180 Bedford St Common Daniel Martinez (Hayden Skating Rink) 24 Lincoln St. Victualler Brewster' s, Inc 913 Waltham St. Folsom' s Seafoods 184 Bedford St. The Chairman read a letter from Attorney General Quinn which stated that he was enclosing a check for $5, 104 53, as a result of Copper anti-trust litigation in copper piping cases Piping Upon motion duly made and seconded, it was voted to accept and turn over to the Treasurer the check in the amount of $5, 104 53 Mr. Legro came into the meeting Mr Kenney reported to the Board on the Town Office Building. He requested approval of final layouts He said that the Historic Dis- tricts Commission has given a Certificate of Appropriateness but we will have to go through another hearing regarding the cooling tower, as a decorative brick wall will be used to hide the unit Upon motion duly made and seconded, it was voted to approve the plans as the final layout and so inform the Architect Mr. Legro informed the Board that the word "remodeling" must be used instead of "alterations." He had discussed this with Mr. Perry. Upon motion duly made and seconded, it was voted to change the wording of the Article on the Town Office Building to read "remodel- ing" instead of "alterations " Mr Kenney suggested that all the finished flooring be deleted from the bid; he felt there was sufficient cause to investigate this matter Mr. Kenney discussed the bid schedule for the Town Office Build- ing. It is as follows Town I January 27 or 28; Final plans and specifications to be in the Office hands of committee for review Mr Davies said that he would Building start sending those specifications immediately that are ready for review Others will be sent to us as soon as they are ready 2. January 29th and February 5th Legal ad to appear in Lexington Minute-man (copy to paper by January 27th) Mr Legro has copy now for review. 3. February 9th Bid forms available for sub-contractor as well as General Contractors. 4 March 5th Sub-Contractor bids due 5. March 12th at 2 00 P.M. General Contractor bids due at Select- men' s Office. Mr. Gray said that it will state in the "ad" that the contract documents will be available Mr. Kenney said that the final bids are due on March 12, andwe will have thirty days between the opening of the bids and the award. Mr. Legro agreed and said that you can't award the bid until you get the appropriation The possibility of a Referendum was discussed and Mr Legro said that a Referendum would make it necessary to get the general bid opened as late as you can because the five days begin to run after the final adjournment of Town Meeting. 543 1 The Board discussed the placing of the Article on the Warrant and the Chairman suggested that, because of the setup for permanent Articles, it could be Article 32 or 33, which could come up on the third meeting. Mr. Bailey said that we might have to put it in as the last Article Mr Greeley said that the key date is to the end of Town Meeting Mr. Gray disagreed and said that the key is the date we get the bids. Mr. Legro said that is when the 30 days start Mr. Gray said that they would have to call a Referendum within five days. Mr. Legro said that, generally, he gets a copy of the Architect' s proposal and then reviews it with the Architect. Mr. Kenney will send a copy of the Architect' s proposal to Mr. Legro Mr. Kenney informed the Board that he has sought alternatives to put in the bidding documents, unless we take part of the police build- ing, and this is not recommended by the Committee We are attempting to make changes and they are intertwined and we may be inviting a dele- tion. The Chairman said that if it is put out as an alternate, you will know what it will cost and if someone tries to delete, at least you can say that this is exactly what it is going to cost; as an alternative, what it will cost you at a later date and give the total only to strengthen your position Mr. Kenney said that we have been operating on an estimate of $ 114,000 The Chairman said that it will strengthen your position rather than weaken it. Mr Kenney said that we discussed this at the last meeting and decided that this is a policy position to be taken by the Selectmen With this line of thinking, we thought of setting it up so that this is an alternate The Chairman felt they should do it all , completely Mr Kenney thought that it could feasibly be done by the Architect Mr Gray said that the Architect felt that the only alternative was to put the police building out as an alternate bid. Mr Kenney said that it doesn't affect our relocation because we didn't intend to move out of there, that building doesn't pose problems. The status is, the Architect is writing specifications en the premise that this building will be vacated by June I ; we are looking for places to go, and were hoping it would be for a year. If we attempt to stay here too long, it will cost a tremendous amount of money He informed the Board that he would like to discuss the possibi- lity of maintaining the use of the Selectmen' s Room for meetings Mr. Greeley suggested the use of the Trustees' Room in Cary Memorial Hall , if we are able to get an air conditioner Mr Kenney said that a meeting will be held on Wednesday morning II/ and he will report back to the Board on next Monday evening. '544 The Recreation Committee met with the Board The Chairman said that the Committee was asked to come in to dis- cuss the Recreation budget. The Board is disappointed in their program as it was hoped they would start filling in the areas for playgrounds, i e , Minuteman Highlands, Five Fields and Sunnyfield; the Board has talked about these three areas Mr Gallagher said that we need a playground in the Meagherville area We want to know if we could have a specific project for this land This is the old plan for the old school site off Hickory Street and we had hoped to utilize this area for a ball field but can't do anything until an agreement is reached with all parties concerned, we would like to go over it with the Planning Board and the Selectmen We have talked with the Planning Board on a preliminary basis Mr Greeley said that the question is there are between five and fifteen privately owned properties; what kind of time and procedures are involved in getting these? Mr. Legro said that if it is the parcel he is thinking of, it was voted in 1962 or 1963 The Committee would have three months or better. It would be a great deal of work for tax title land as he has no idea of the number of foreclosures and there may be some rights of redemption During a normal period of time of two months, they ought to allow for appraisals, tax examinations and any plans neces- sary, and to make their takings. The Chairman asked if it should be done as a Meagherville package? Mr Legro replied, yes Nothing should be done until we know Recreation our title to the whole of it, if it is going to be put out to bid this summer The Chairman asked if he could be ready by August? Mr Legro said that it can be done, but the work has to be started on this very shortly Mr Gallagher said that they would like an overall plan on what it is going to be used for The Chairman said that the Recreation Committee, Planning Board and School Committee all have ideas on what should happen; the ques- tion is are you coming in too soon? Mr Gallagher replied that they were not; there is a demonstrated need for a play area here. The Chairman said that there is a play area within the Reed Street area, within minutes of walking . Mr Gallagher said that it doesn't have the same capabilities; this would have a 300' x 300' ball field We are asking the Board, so we may figure out what is the most feasible use of this area and we can talk with the Planning Board Mr Mazerall said that the Planning Board says the Town owns each parcel within the ball park, it is a high-grass area and is all treed. The Chairman asked if they are prepared to stand up at Town Meet- ing to justify this request under the conditions that exist? Mr Gallagher replied that we don't want to put the Board on the spot; we can justify the ballfield U 545 IIIThe Chairman said that if there is a clear title to the land, he couldn't agree more, but under the conditions that exist, the Committee should think about it Mr. Mabee said that they are saying they are ready; we are not, as we haven't acquired the land Mr Kenney said that they haven't been before the major boards. Mr. Gallagher said that some committees agreed at the informa- tional meetings The question is on the location. Mr Mabee asked if they plan on putting it where it was planned, at one time, to put the school? Mr. Greeley said that in order to fit in with school plans, you can't do this without an Architect being involved; the Recreation Com- mittee would say to put the balffield there and the Architect would say to put the school there Mr. Gallagher said that the amount of money for a balffield is nothing if a school is involved Mr. Greeley said that he would ask for the appropriation, Mr. Gallagher asked if they could leave the appropriation in, with this provision; he felt it gives more incentive to get it done. The Chairman agreed. Mr Greeley wanted it understood that the Board won't agree to the expenditure for the balffield until we get the land. Mr. Legro said that he would have to have the requests and in- formation as quickly as possible Mr. Gray said that someone will start working on the tax title lots and a plan will be given to Mr Legro The Chairman mentioned the Tennis Courts at $8,000. Mr. Gallagher said that we have talked to people in Needham who Tennis are doing this same thing and we will have a figure for you Needham Courts said that $6800 would be more than adequate The $8,000 figure will be somewhat less after putting it out to bid We will get the figures to you on this. Mr Gallagher asked what the feeling of the Board is on the old "res"? The Chairman told the Committee that the Board thought it was all resolved; they had said they would go in and use it as is, and use "Johnny-on-the-spots." Mr. Gray said that Mr Bond had told us he was happy to use it as is but then, afterwards, he said that he meant, to use it with the "Res" circulating equipment Mr. Gallagher said that they feel it can't be done without the circulator as part of it. Why own the circulator and not use it? The circulator is the key to this. The Chairman asked if the Committee recognizes what it means to put the circulator in? Mr. Gallagher replied that they recognize the fact full well . To properly supervise the area, it must be fenced. D The Chairman said that Mr. Cortell and Mr Bond came back with a different story, they said they would go in and try it Fencing and a circulator means $25,000, plus, and nobody knows what will happen after we spend this money. We would have to put power in and a 6" water main Mr. Gray said that we can put in a 6" main without a compli- cated feed line; we can do it with hoses. We would have to put in the power if we put in the circulator; we could use "Johnny-on-the- spots " The Chairman said that we are back to the original proposal , less the building . We all agreed that you fellows would go in there and set up for swimming, and go from day to day without the equipment. The Recreation Committee is to come back to the Board on next Monday evening with more information on the old "res" and a figure on the tennis courts The Recreation Committee retired from the meeting Modoono Upon motion duly made and seconded, it was voted to sign the Option exercise of option for the land of John Modoono. Sewer Upon motion duly made and seconded, it was voted to adopt the Rules and sewer rules and regulations, as recommended by Mr. Burke. Regula- These regulations are to be published in the newspaper for tions three weeks. Mr. McSweeney requested a vote of the Board to set a date for street hearings on Bloomfield Street, Minola Road and Outlook Drive State from Marrett Road to Middleby Street He would also like a vote of Hearing the Board to send out the Notice of Intention to lay out these Date three streets. Upon motion duly made and seconded, it was voted to set the date for the street hearings on Bloomfield Street, Minola Road, and Outlook Drive from Marrett Road to Middleby Street, for February 12, 1970 at 8 00 P.M Upon motion duly made and seconded, it was voted to approve the Notice of Intent to lay out the following streets Augustus Road from Reed Street to Vail le Avenue, Hickory Street from Garfield Street to Kimball Road, Vaille Avenue from limit of acceptance westerly to end, Blinn Road from Hickory Street to end, Shaw Place from Augustus Road to end, Forbes Road from State Highway (Rte 2A) to end, Mason Street from Pleasant Street to accepted portion, subject to approval of Town Engineer White Pine Lane from Mason Street to end, Saddle Club Road, from Grant Street to accepted portion, Oak Park Circle from Saddle Club Road to end, b 4 Carol Lane from Bedford Street to end, Paddock Lane from Fol len Road to end, Emerson Road from Diamond Road to 3371 feet beyond Angier Road, Diamond Road, Grove Street to Emerson Road, Angier Road, Burlington Street to Emerson Road, White Terrace from Diamond Road to end, Bloomfield Street, including the portion in the subdivision and the in- tervening unpaved portion to be accepted and constructed under the betterment act. Minola Road from accepted portion to Bloomfield Street, Bloomfield Street from end of subdivision to Highland Avenue, Outlook Drive from Marrett Road to Middleby Road. The Chairman asked if the sewer problem has been resolved_ on Mason Street? Mr McSweeney replied, no, the problem is between Wilson Farms and White and Green The Chairman asked, what if Wilson plugs that service? It is Wilson' s position that he never granted an easement to anyone. Check it out It was agreed to include the intention to lay out Mason Street, subject to approval of the Town Engineer Carol Lane was discussed and Mr. Legro said that we have a sewer and drain easement that runs from the turn-around to the Busa property. The Chairman instructed Mr McSweeney to delete the easement from the plan. The Chairman said that an informational hearing should be held before February 12, with the residents of East Street and Outlook Drive Mr McSweeney was instructed to set up the informational hearing. The Chairman informed the Board that he had received a call from Mr. Maloney regarding the Hayden dump permit The Board had voted a fee of $25,00 for commercial vehicles but as Hayden is a non-profit organi- Dump zation, it is recommended that the permit fee be changed. Permit Upon motion duly made and seconded, it was voted to approve the dump permit fee for commercial vehicles used by non-profit organizations be $5.00. 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 securi- Session ty, the financial interest of the Town, or the reputation of any person After discussion of budgets and a matter regarding the possibility of litigation, it was voted to go out of Executive Session and resume the open meeting. Upon motion duly made and seconded, it was voted to delete the fol- lowing from the Warrant X54( Article Article for the Russell House property Deletion Article for the Grey Nuns' property Upon motion duly made and seconded, it was voted to adjourn at 10.45 P M A true record, Attest N } / Executive Clerk Selectmen J J7 SELECTMEN'S MEETING January 19, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s elect-men s Room, Town Office Building, on Monday evening, January 19, 1970, 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 O'Connell , Special Assistant to the Board of Selectmen; Mr Burke, Superintendent of Public Works; Mr McSweeney, Town Engi- neer, and Mrs McCurdy, Executive Clerk were also present The Chairman read a letter from Attorney General Quinn, enclosing Milk Case a check in the amount of $8, 100 as the Town' s share in the settlement Settlement of the milk case of the Commonwealth vs H.P Hood & Sons, Inc. It was agreed to turn the check over to the Treasurer The Chairman read a letter of approval from the Director of the State Water Resources Commission regarding the report submitted by Approval of the Town on the alterations to Brook Street Pumping Station and Re- Brook St lief Sewer Pumping The Chairman said that on the basis of this, we should have a Station commitment on the grant very shortly The Chairman read a letter from Commissioner Ribbs informing us of approval of grant for Chapter 90 funds for Worthen Road and East Street. The amounts are as follows Chapter 90 Pro.lect State Town County Worthen Rd - East St Worthen Rd -East St $29,700 $ 14,850 $ 14,850 Maintenance 2,000 2,000 2,000 Mr Gray read a letter from Warren P Hill, requesting permis- sion for a group named the Silent Majority to use the Battle Green for an all-night vigil from 4 00 P.M on January 30 to 10 00 A.M Request on January 31 , 1970. Mr Gray is to talk to Mr Hill for more information on the purpose of the vigil . Mr Gray informed the Board that Chief Corr would like to call attention to the fact that the Board voted a change in special Special detail rates, from $4 50 per hour, with a minimum of four hours, to Detail $5 00 per hour, with a minimum of three hours At the previous rate and hours, the men would receive $ 18.00 and now they could only make $ 15 00 Mr. Gray is to check out the length of time for previous special details shown on the record 556 Upon motion dulymade and seconded, the Board voted to approve PpP Minutes the Minutes of the Selectmen' s Meetings of January 5th and 12th, 1970 Town Mgr's. Mr. O'Connell reported to the Board that he has advertised for Secretary a secretary and has interviewed eight applicants for the position He expects to have a recommendation very shortly Town Office Mr. Kenney informed the Board that the Town Office Building Building Committee discussed the bidding dates at the last meeting and gener- ally concluded that there was no reason for changing the dates. Mr Legro said that he has prepared a memo on the whole layout After a brief discussion, the Board asked the Town Office Building Committee to sit with Mr. Legro and come back with a date on the bids The Chairman read a letter from Mr Holland regarding the TMMA TMMA informational meeting to be held on January 29, the letter included a tentative schedule of topics for discussion by the Selectmen, which are salary and wage scales and their projections-financial studies and their past accuracies Mr. Kenney is to represent the Board of Selectmen at the meeting. The Chairman read a letter from Mr Yewell , Treasurer, inform- ing the Board that his term of office expires on March 3, 1970 and Treasurer he will no longer be available as Town Treasurer It was agreed to write to Mr Yewell and thank him for his service to the Town while in office as Town Treasurer. Mr. Greeley asked the status of the grading of the cloverleaf at Peacock Farms and if we have submitted plans to Commissioner Route 2- Ribbs? Peacock The Chairman said that he and Mr Gray had discussed this with Farms the Commissioner and the Engineer in charge of the project The plan submitted by the residents of Peacock Farms will be evaluated and whatever possible will be incorporated in the State plan and the State will come back to us in the Spring with the plan. Mr. Greeley informed the Board that LCSR would like to meet with the Board to discuss the By-Law change. It was agreed to meet with LCSR within the next three weeks. 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 resume the open meeting. 551 Upon motion duly made and seconded, it was voted to delete the two Articles on Hartwell Avenue from the Warrant. Upon motion duly made and seconded, it was voted to adjourn at 10 00 P.M. A true record, Attest try Executive Clerk, Selectmen / 11I 552 SELECTMEN'S MEETING January 26, 1970 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 26, 1970 at 7 30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel; Mr. O'Connell , Special Assistant to the Board of Selectmen; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk were also present. The Chairman read a letter from the Cary Library Trustees Associate giving three nominations for the vacancy on the Historic Districts Member Commission-Associate Members; John M. Belding, Mrs. Myrna Kaye Historic and Duncan E. MacDonald. Districts Upon motion duly made and seconded, it was voted to appoint Duncan E. MacDonald an Associate Member of the Historic Districts Commission to fill the unexpired term of Mrs. Mark Moore, to January I , 1973. The Chairman read a letter from the American Association of University Women, requesting the use of the grounds in front of the Visitors' Center for a Used Book Fair on May 2, 1970. Permit Upon motion duly made and seconded, it was voted to grant permission to the American Association of University Women to hold a Used Book Fair on Saturday, May 2, 1970 from 9.30 A.M. to 5 00 P.M. (rain date of May 9) on the grounds in front of the Visitors' Center, subject to the restrictions of the Superinten- dent of Public Works. The Chairman read a notice from the DPU of a hearing on the DPU Hearing propriety of rates and charges as set forth by the New England Telephone and Telegraph Company to be held on February 2, 1970 at 10 00 A.M. Mr. O'Connell is to attend as a representative of the Town. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for a Certificate of Incorporation Cert. of Incorp. H. Gordon Buchanan 15 Red Coat Lane Barkley H. Hayes 97 Blake Road "Central Middlesex Multiple Listing Service, Inc." Frank Davidoff 19 Meriam Street "Pregnancy Counselling Service, Inc." I L James R. Howard 59 Wood Street "Concerned Black Parents for Better Education in Cambridge, Inc." E I Kilkenney 75 Bertwell Road Dr. Duane Belt 58 Blossomcrest Road "New England Society for Electron Microscopy, Inc." The Chairman read a letter from the Masterworks Chorale request- ing the use of Cary Hall on Saturday, May 9, 1970, for a May Fair, to erect booths, use the kitchen, and have a sign outside on the day of Request for the Fair Cary Hall It was agreed that Mr O'Connell is to check out what type of booths are being considered, etc and report to the Board on next Monday evening. Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen' s Meeting held on January 19, 1970 Minutes The Chairman read a letter from the Chairman of the State Senate requesting that a representative of Lexington be present at a meeting of local government heads to present ideas on County Government, to County be held on January 29, 1970 at 7 00 P.M. at the Woburn Court House. Meeting It was agreed that a representative of Lexington will be present at the meeting Upon motion duly made and seconded, it was voted to accept the Police resignation of Patrolman Michael J Downey, effective February I , Resignation 1970 Upon motion duly made and seconded, it was voted to sign an agreement between the Boston Edison Company, New England Telephone Agreement Company and the Town, for police spotlight and necessary apparatus on Hartwell Avenue, subject to approval of Town Counsel Upon motion duly made and seconded, it was voted to sign the water abatements for the following: Abatement J.M. Lucente Co Bushnell & Worthen Road J.M Lucente Co Lincoln Street The Board discussed the Articles for the 1970 Warrant Upon motion duly made and seconded, it was voted to withdraw the Article on the Promenaders Articles The Chairman said that we have an Article for Wallis Court and an informational meeting should be scheduled with the people on Wallis Court It was agreed that the Town Engineer is to contact the people on Wallis Court and schedule a meeting for Monday, February 2, 1970 at 8 00 P.M. fff Town Office Mr Kenney informed the Board that the Sub-contractors' bids Building on the Town Office Building will be due on March 12; General Con- Bid tractors' bids on March 19, and the Article would be taken up on March 23, 1970 The Chairman said that Article 34 will be for plans, speci- Jr High fications and construction money for the Junior High School ; Article Article 35 will be plans and specifications for getting bids for construction, Article 36 will be the training program for the LCSR The Chairman explained to Mr Greeley that the LCSR By- law change was placed as Article 82 so that it would be with all of the By- law changes, but it can be taken up out of order. The Chairman asked if there was a need for two Articles for Wallis Wallis Court? Court Mr. Legro replied that it could be one Article in two parts. Article 75 construction of Outlook Drive from Marrett Road to Middleby Road was discussed. Mr Mabee informed the Board that he had received calls from residents of Downing Road In view of the fact that no one on Outlook Drive wants the street constructed, and people on Downing Outlook Drive Road do want it, he felt that he ought to bring it up for possi- and Downing ble reconsideration by the Board. Road Mr. Kenney said that the reason we voted for Outlook Drive was that it provided a second access for the school , and the Planning Board has had it on the books for some time. The Board discussed both streets. Mr Mabee moved to construct Downing Road from Marrett Road to Outlook Drive, instead of constructing Outlook Drive from Marrett Road to Middleby Road Mr Bailey seconded the motion. Upon motion duly made and seconded, it was voted to delete the Article for the construction of Outlook Drive from Marrett Road to Middleby Road Upon motion duly made and seconded, it was voted to insert an Article for the construction of Downing Road from Marrett Road to Outlook Drive. Later on in the meeting, an intent to lay out Downing Road from Marrett Road to Outlook Drive was voted. Article 77 Conservation Commission asked us to include the language taking an easement on the Busa land (previously, it was Articles an outright purchase) Article 83 Legislation for sidewalk betterments Mr Legro is to prepare the Article ,)i)e) Article 93 Drummer Boy land The Chairman said that the Plan- ning Board wants to change the wording of this Article, they want to delete words, as there is a possibility that the Conservation Commis- sion may negotiate the acquisition of, or an easement over, a parcel not conforming to the original Article. Drummer Mr Legro said that if they submitted an Article, they should Boy Land send a re-draft of the Article and a letter asking us to delete the words It was agreed to request the Planning Board and Conservation Commission for a letter requesting that the words be deleted and, also, a re-draft of the Article on the Drummer Boy land The Chairman informed the Board that we have received a request from Warren Hill to use the Green for an all-night vigil by a group known as the Silent Majority on Friday, January 30, from 4 00 P.M to Saturday, January 31 at 10.00 A.M The Board discussed this request and it was agreed to explain Request to Mr Hill that, normally, permission to use the Common will be for Battle granted only for the daytime and early evening celebrations of Green community-wide interest, to which all members of the community are made welcome In general , only speaking programs or observances where participants are standing or walking are likely to be found acceptable. It was the feeling of the Board to deny the request, as sub- mitted, but an amended request would be considered ' 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 rpputa- tion 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, an intent to lay out Down- Downing Rd ing Road from Marrett Road to Outlook Drive was voted. Layout Upon motion duly made and seconded, it was voted to adjourn at 9 40 P.M A true record, Attest gr„..4,___L_ Executive Clerk, Selectmen / ,,z I C 111 SELECTMEN'S MEETING January 29, 1970 A special meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Thursday morning, Jan- uary 29, 1970 at 8 30 A.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley, Bailey and Legro were present; also, Mrs. McCurdy, Executive Clerk Upon motion duly made and seconded, it was voted to exercise Steeves the option for the Steeves property, granted to the Town on Sep- Option tember 6, 1968. Mr Legro,Town Counsel , is to send the instrument to Mr Steeves and Mr. Whitney by Certified Mail Upon motion duly made and seconded, it was voted to sign the Notice of notice of intent to lay out the following streets, to be delivered Intent to each abutter on each street by the Constable Augustus Rd from Reed St to Vaille Ave., Hickory St from Garfield St to Kimball Rd., Vaille Ave from limit of acceptance westerly to end, Blinn Rd. from Hickory St to end, Shaw Place from Augustus Rd. to end, Forbes Rd from State Highway (Rte. 2A) to end, Mason St from Pleasant St to accepted portion (subject to approval of Town Engineer) White Pine Lane from Mason St. to end, Saddle Club Rd from Grant St to accepted portion, Oak Park Cir. from Saddle Club Rd tO end, Carol Lane from Bedford St. to end, Paddock Lane from Follen Rd. to end, Emerson Rd from near Diamond Rd. to 337± feet beyond Angier Rd , Diamond Rd , Grove St to Emerson Rd , Angier Rd , Burlington St to Emerson Rd. , White Terrace from Diamond Rd to end, Bloomfield St , the portion in the subdivision, Minola Rd from accepted portion to Bloomfield St , Bloomfield St from end of subdivision to Highland Ave , Downing Rd from Marrett Road to Outlook Drive Town Upon motion duly made and seconded, it was voted to sign the Office contract with Perry Dean and Stewart for the plans and specifica- Contract tions for the Town Office Building The Board agreed to hold a regular meeting on Monday evening, Washington' s Birthday, February 16, at 7 30 P.M. A true record, Attest Executive Clerk, Selectmen ati 1j' J Y. 11)0 i SELECTMEN'S MEETING February 2, 1970 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, February 2, 1970 at 7 30 P.M. Chairman Cataldo, Messrs Mabee, Kenney and Greeley were present Mr Legro, Town Counsel , Mr. O'Connell , Special Assistant to the Board of Selectmen, Mr. Burke, Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present At the request of the Town Clerk, three jurors were drawn as follows Jurors Hugh F. McDonald 69 Woburn Street William J Condinho 8 Stedman Road Arthur R Taverna 17 Ingleside Road Mr. Legro reported to the Board that at the fact finding hear- ing last Thursday evening, January 29, 1970, an agreement was reached between the Town and Local No 1703 AFSCME AFL/C10, repre- senting designated employees of the Public Works Department The only matter which had not been agreed upon previously was step 3 of the grievance procedure. The Union had asked that it read Public Works " If the grievance has not been settled after Step 2, a Union written statement of the grievance signed by the Contract grieved employee and/or the union shall be presented to the Board of Selectmen within three (3) working days after the response of the Superintendent of Public Works is due. If the signature of an authorized union repre- sentative is not contained on the grievance at Step three (3) , it shall be construed that the employee has brought the grievance individually " The Town had asked that it read " If the grievance has not been settled after Step 2 , a written statement of the grievance signed by the ag- grieved employee and by the Chairman of the Executive Committee, pursuant to a vote of the Executive Commit- tee authorizing him to sign and file the particular grievance statement, may be presented to the Board of Selectmen within three (3) working days after the re- sponse of the Superintendent of Public Works is due. The Board of Selectmen shall transmit its written I decision to the Executive Committee within five (5) working days after the second regularly scheduled meeting of the Board after its receipt of the written statement of the grievance, filed in the manner and within the time specified in this paragraph " There was considerable discussion with respect to what per- son or persons should sign the grievance statement on behalf of the Union The Town offered to accept the signatures of the employee and any two elected officers, who were to be a presi- dent, vice president, secretary or treasurer As that was not acceptable, the Town offered to accept the signatures of any two of the three members of the Executive Committee Both parties finally agreed that the statement should be signed by the em- ployee and all three members of the Executive Committee Early in the proceedings the Town stated that step 3 as proposed by the Town required the grievance statement to be signed on behalf of the Union in the manner agreed upon and by the aggrieved employee but that, once such statement was duly signed and filed, either the employee or the union could proceed with the grievance even though the other withdrew. Near the conclusion of the hearing, the union agreed that if the language now appearing as the second sentence of step 3 could be inserted and any requirement of a vote could be omitted, the union would accept the proposal of the Town as so modified. Step 3 as agreed upon on January 29, 1970, reads " If the grievance has not been settled after Step 2 , a written statement of the grievance signed by the ag- grieved employee and by the three members of the Execu- tive Committee may be presented to the Board of Selectmen within three (3) working days after the response of the Superintendent of Public Works is due. After a grievance statement is signed and filed in accordance with this Step 3 , the Union shall have the right to proceed with or without the employee. The Board of Selectmen shall transmit its written decision to the Executive Committee within five (5) working days after the second regularly scheduled meeting of the Board after its receipt of the written statement of the grievance, filed in the manner and within the time specified in this paragraph " Upon motion duly made and seconded, it was voted that the Board accept the grievance procedure as recommended by the nego- tiating committee and it will become part of the contract. County Mr. O'Connell reported to the Board that he had attended the Government meeting on County Government held on January 29, 1970 at the fPa1 Woburn Court House The attendance was disappointing but the repre- sentatives of the communities who appeared presented testimony. In essence, the thrust of the Commission' s interest seems to center around House Bill No 4129, which is a bill to modernize gouty Govern- ment. A commission was appointed to study this bill and Paul W Cronin of Andover is Chairman. The one formal item is that you are invited, if you choose, to give comments on House Bill No 4129 at the final hearing in the State House, and they are particularly interested in getting views. Mr O'Connell distributed copies of the bill to the Board and it was agreed that the Board would report back with comments Mr. O'Connell reported to the Board that he had attended the hearing at the DPU regarding the proposed change in rates by the New England Telephone Company The meeting was held for the purpose of organization and establishing a schedule of meetings to start in February through May and aimed at a decision by June 15 by the DPU It appears to be a schedule of about ten meetings with intervening parties, most significant of which is the Consumers' Council , which is formally intervening on behalf of the people of the Commonwealth in a hearing to be held by the DPU to consider the over $50,000,000 proposed telephone rate increase, Attorney Goldman has been ap- DPU pointed by the Council for this purpose Telephone Mr O'Connell said that the only significant thing he got out Company of the long debate is that there seems to be general concern on Rates whether or not the problem of poor service can play a part at the hearing The degree of quality of service is the subject matter on the rate and only the Telephone Company has all the facts on how good or bad the service is Mr. Greeley asked if there has been general publicity of this proposed increase? Mr. O'Connell replied, no; a number of people came to the meeting to protest that they hadn't received notice and were there to file as intervening parties; there was quite a discussion that the notice had not been properly disseminated. Mr O'Connell read a letter to the Board from Roy F. Dunfey, owner of the Lexington Motor Inn, in appreciation for the promptness and efficient action taken by the Fire and Police Departments during the recent fire at the Inn. Upon motion duly made and seconded, it was voted to approve the intention to lay out a building line on the southerly side of Massa- chusetts Avenue from the easterly boundary line of the premises now Mass Ave numbered 1620 Massachusetts Avenue to the westerly boundary line of Wallis Ct the premises now numbered 1654- 1656 Massachusetts Avenue Building Upon motion duly made and seconded, it was voted to approve Line the intention to lay out a building line on both sides of the en- tire length of Wallis Court I 560 Upon motion duly made and seconded, it was voted to sign the Notices of Intent to lay out a building line on Massachusetts Avenue and Wallis Court, to be delivered by the Constable to each abutter on each street Upon motion duly made and seconded, it was voted to certify Cert of the character of the following, who has applied for Certificate lncorp of Incorporation Joann Spiro 39 Burroughs Road "Action for Children' s Television, Inc." Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen' s Meetings held on January 26 and January 29, 1970 Upon motion duly made and seconded, it was voted to grant Permit permission to the Pilgrim Circle of Pilgrim Congregational Church for the use of the Buckman Tavern Grounds for the sale of used books, etc on Saturday, June 6, or rain date of June 13, 1970. The Chairman read a request from the Middlesex County Coun- Request cil of International Reading Association to use Estabrook Hall for a meeting on Monday, May 4, 1970 from 7 30 P.M to 9 30 P.M. The request was referred to Mr O'Connell to be checked out. Mr. Kenney discussed the request of Chief Corr for a change in rates for special detail , which was voted by the Board on January 5, 1970 for $5.00 an hour with a minimum of three hours Police After discussion, it was agreed to change the minimum number Rates of hours from three to four hours Upon motion duly made and seconded, it was voted to rescind the motion to approve the rate of $5 00 per hour for a minimum of three hours for special detail for Patrolmen Upon motion duly made and seconded, it was voted to approve the rate of $5 00 per hour for a minimum of four hours for special detail for Patrolmen. The Chairman asked the Board if we should look into the "911" "911" emergency system of the Telephone Company System It was agreed that Mr. O'Connell is to discuss this with Chief Corr to see if he is interested in becoming a member of the emergency system At 8 00 P.M , the property owners of Wallis Court and Massa- chusetts Avenue met with the Board, Wallis The Chairman said that this informational meeting is being Court held to discuss the Article in the Warrant to establish a build- ing line on Wallis Court and Massachusetts Avenue He explained I to each property owner the effect this building line would have on their property as their property now exists, any future expansion of the present building or any future new construction on the exist- ing parcels. The following property owners were present Mrs Ella Brehm 1640 Massachusetts Avenue Associated Estates, Inc 60 Great Road, Bedford Ralph H Hall , Jr 1654 Massachusetts Avenue Mr. & Mrs. Edward Thivierge 1620 Massachusetts Avenue Mr. & Mrs Wendell H Burgess 2 Wallis Court Mrs. Jean P. Comley 3 Wallis Court Mr. Ellwood C Barret 5 Wallis Court A representative of Associated Estates asked how this new line would affect his property as he has plans for a new building on the corner of Wallis Court and Massachusetts Avenue The Chairman explained that the new building line will go back 15 feet on the existing layout of Massachusetts Avenue and 7i feet on Wallis Court, which is a 25' street Dr Brehm asked if it has been considered to open up Wallis Court and make it a through street? Mr Mabee said that it was highly remote, but it was proposed ten years ago. Dr Brehm asked if this line included the Colonial garage? The Chairman replied that it did not; the Town has an easement through the property beside their building and they could not build there; the showroom is the cutoff point Dr Brehm asked about the 71' that the Town is taking and asked if it would be, basically, theirs? The Chairman said that we are saying it is entirely yours but you can't build on it. Mr. Hall asked if there would be a reduction in taxes The Chairman said that he would have to discuss it with the Assessors Dr. Brehm asked if the Board had checked with the Assessors on their position? The Chairman answered in the negative. Dr. Brehm asked if the Board is ignoring the Assessors? The Chairman replied that once appointed, the Assessors become officers of the State If you feel the property has been deflated, we recommend that you go to the Assessors and ask them to look at the situation and re-appraise it Mr Barrett asked if this new restriction would affect the building which is proposed for the corner of Wallis Court and Massa- chusetts Avenue? The Chairman said that if this passes Town Meeting, they will have to live up to these conditions He asked if Associated Estates had received a building permit? Y47 A to The representative replied, no, we have not. He asked if the zoning ordinance has not been passed, is it possible to get a building permit? The Chairman replied that they could not get a building permit once this notice is filed The representative asked if it would be possible to use this for a parking area? Mr Legro replied that as far as the building line is con- cerned, the answer is yes, you can make any use of the property, apart frau erecting a structure on it If you can use your land under the zoning by- law for parking, you can use it afterwards. It is your land but it depends on the zoning by- law that affects your land. The Chairman informed the property owners that a legal hear- ing will be held on February 12, 1970 and if there are any questions, please contact him or Mr. O'Connell The property owners retired from the meeting 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 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, Selectmen 1 Q) I3 SELECTMEN'S MEETING February 9, 1970 A regular meeting of the Board of Selectmen was held in the Se- lectmen' s Room, Town Office Building, on Monday evening, February 9, 1970 at 7 30 P.M. Chairman Cataldo, Messrs Mabee, and Greeley were present. Mr Legro, Town Counsel , Mr Gray, Executive Assist- ant, Mr. O'Connell, Special Assistant to the Board, 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, one juror was drawn Juror Stanislaw Feld 6 Hickory Street Upon motion duly made and seconded, it was voted to authorize William Martin, Assistant Town Engineer, to sign the Engineering Engr Department Payroll during Mr McSweeney' s vacation of February 16- Dept 20, 1970 Payroll Mr. Gray said that a memo has been received from the Planning Board asking if $ 1 ,000 could be made available for borings and tests on Vine Brook land, to determine the suitability for housing for the elderly He had discussed this request with Mr. O'Connell Vine and there are no funds available for this evaluation Brook Mr McSweeney said that we cannot use the option funds and Study there is no money in the Engineering Department to do this After discussion, it was agreed that there were no funds available for a study of the Vine Brook land, and to so inform the Planning Board Mr Gray informed the Board that two petitions have been re- ceived regarding complaints against a dog owned by W F Davis, Dog 18 Boulder Road, and a dog owned by E P Nawoichik, 16 Nichols Complaint Road The Board agreed to refer the petitions to the Dog Officer for investigation and a report to the Board on next Monday evening Mr Gray informed the Board that some time ago, the Board re- ceived a complaint from Gerard Legere, 16 Grapevine Avenue, regard- ing his high water bill of $ 139 76 Mr Gray had looked into the Legere matter and had received a report from Public Works that there was Water Bill nothing wrong with the water meter There had been some construc- tion in the area and while building the house next door, they had used Mr. Legere' s water, with his permission. Mr. O'Connell said that he had talked with Mrs Legere and after she had received this bill for $ 139 76, her next bills were for $33 and $35 A 4 Mr Gray said that the recommendation is that the bill remain as it was submitted Upon motion duly made and seconded, it was voted to accept the recommendation that there would be no abatement of the water bill of Gerard Legere, 16 Grapevine Avenue. Mr. Gray requested the Board to sign a water abatement for the Douglass Funeral Home in the amount of $98 05, as the wrong Abatement reading had been taken Upon motion duly made and seconded, it was voted to sign the water abatement for the Douglass Funeral Home, in the amount of $98 05 Mr. O'Connell reported to the Board that he had been asked at the last meeting to check out the request of the Middlesex County Council of the International Reading Association to use Estabrook Hall on May 4, 1970 for a panel discussion and demon- stration of materials which could be used to teach reading to the reluctant reader He said that they are a properly constituted association with a County charter and a membership of about sixty Permit local people, including Lexington teachers. Previously, they had Estabrook held meetings and had served an evening meal at Diamond and other Hall schools but, because they did not have dues, they found they couldn't afford the fee charged by the School Department. There- fore, they are looking for a place to hold their meetings with no fee for the hall , but they would be willing to pay the custodial Charges. Mr O'Connell recommended that permission be granted under these conditions Upon motion duly made and seconded, it was voted to grant permission to the Middlesex County Council of the International Reading Association for the use of Estabrook Hell on May 4, 1970 from 7 30 P.M to 9 30 P.M , at ho charge for Ebtabrook Hall but the Association is to pay for custodial services. Mr Greeley recommended that the School Department be made aware of the fact that the Board has granted permission to this group and we feel that organizations of this type should be given an opportunity to use the school facilities at no charge, rather than the use of a building under the jurisdiction of the Selectmen. It was agreed to write to the School Committee regarding future requests for the use of their facilities. Mr. McSweeney reported to the Board that an informational meeting had been held last week with the residents of Bloomfield Bloomfield, Street, Minola Road and Downing Road We have proposed putting Minola & a sidewalk on the easterly side of Bloomfield Street; on the Downing Rd Southerly side of Downing Road; and no sidewalk on Minola Road Approximately twenty-two residents on Downing Road were in favor of the street and one was in favor of the street and sidewalk, f k I ti and didn't care what side it was built on, four residents objected to a sidewalk on either side and thirteen objected to a sidewalk being constructed The Chairman asked what happens to the island on Downing Road? Mr. McSweeney said that we propose to take it; we propose to put a granite curbing about 250' , around it as it would last longer and it would be easier to maintain On Bloomfield Street, we presented it as purely a policy to build a sidewalk when we construct a street There is no sidewalk on the subdivision, on Bloomfield Street Mr Mabee abstained The Board agreed to accept the location of the sidewalk on the southerly side of Downing Road, and the easterly side of Bloomfield Street Mr McSweeney discussed East Street He said that there were approximately twenty residents present and they were told that we proposed doing from Grant Street to Lowell Street and, if this were approved, a hearing would be conducted by the County. There were a few objectors who claimed that if we widen the road, it would increase the traffic and speeders We took a show of hands after the discussion on how it would be built and how it would in- volve Chapter 90 and ten of them were in favor of building it, three objected to it, and the remaining group would like to have some time to think it over We explained that this wouldn't come up next Thursday night at the legal hearing and said that they could contact their Town Meeting members as TMMA will hold inform- East Street ational meetings, or they could write to the Selectmen Generally speaking, ten residents felt that this is the way to do it The Chairman asked if he had told them that we would not do the whole span this year? Mr McSweeney replied in the affirmative; he said that he had told them that this was between the Town and the State and they would decide Mr Greeley said that he would like to make the point that very close to Burroughs Road we do have an existing sidewalk but none beyond If you look at the existing pavement, we do have some extremely bad site distances and he recommended very strongly that the Board not vary from having East Street as a Chapter 90 road this year, the traffic count is very high The Chairman said that we will have to decide what section we will recommend for the $60,000 Upon motion duly made and seconded, it was voted to sign the Warrant for 1970 Annual Town Meeting Warrant The Chairman read a request from the Greek Orthodox Church of Cambridge, requesting permission for the annual ten-mile race to Request start at the Minuteman on Sunday, March 22, 1970, at 12 Noon, also, for a police cruiser to escort the leading runners to the Arlington line. 5 (56 Mr Greeley said that this request is for Palm Sunday and there would be many church services, he felt that this would not be a good time because of church services It was agreed that Mr O'Connell is to check out this request for 12 Noon on Sunday, March 22, and see if it is possible to ar- range for a better time for the race to start. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of February 2, 1970 The Chairman read a letter from the ABC regarding rules and regu- lations for Washington' s Birthday, February 16, 1970 ABC Upon motion duly made and seconded, it was voted that Package Goods Stores are to remain closed but Motels and Clubs may serve dur- ing the specified holiday hours on Washington' s Birthday, Fbbruary 16, 1970 The Chairman read a letter from the Director of Accounts which Free Cash informed the Town that $740,521 is the sum of available funds or "free cash" as of January I , 1970 The Chairman read a letter from the Chairman of the Board of Ap- peals requesting an adjustment in fees and suggested the following fees Board of I $ 20 charge for renewals Appeals 2. 250 maximum charge for Subsidized Housing hearing 3 150 charge for an original Finding and Determination. 4 Related F & D' s fee of $30-$50, according to compli- cations affecting cost 5 $30 charge for variations for side, front and rear yards. 6 Board of Appeals to be given the right to establish charges for petitions considered exceptionally costly. After discussion, it was agreed to write to the Board of Appeals and recommend the consideration of a fixed fee schedule, rather than a sliding scale Mr. Michelman and Mrs Skov of LCSR met with the Board Mr Greeley said that the Commission requested this meeting re- garding the minority group employment, because the Board inserted the Articles in the Warrant and they thought the Board might like to LCSR ask questions of Mr. Michelman, who prepared the draft of the Articles Mr. Michelman said that there would be no presentation but we hoped to meet with the Board because of a report read to us one even- ing regarding a question on the scope of the coverage. The Chairman gave him a copy of Articles 36 and 82. Mr. Michelman said that when Mr Greeley presented it to us, it was the Commission' s view that a motion narrower in coverage than what was presented in the Warrant would be within the Article and could be presented to Town Meeting The Chairman said that it is our feeling that, basically, our construction contracts go over $ 100,000 for sewers, water and drains and only last three or four weeks, which is a short period to get in- volved in minority employment If there is anybody really interested in doing this sort of work, we would be willing to talk with them as far as the Town hiring them and training them within our own depart- ments; we would rather not get our construction contracts involved in this way Mr. McSweeney said that the owner usually is the operator and he probably has a three-man crew on one sewer job and these are people he has hired all along; it is not a big, general contractor type of thing Mr Michelman said that he is wholly prepared to believe that sewer contracts and other contracts that the Town lets are, as present- ly carried out, not suitable occasions for this By-Law but, considering this is an amendment, it has seemed to us that we should draft it generally. We think the residents of the Town and Town Meeting members believe it is not to be taken lightly, as kind of casual changes do not meet with favor The draftsmanship here is, it would provide the au- thority if and when it might develop in the future. Suitable occasions might arise and rather than be required to go back and have another amendment we did this The Chairman said that we said to look at the By-Law changes and not take them lightly; this is the reason why I question the practical wisdom for putting this in You have an appropriation that exists and we do not know how this is going to work and if we had experience be- hind us, how can Town Meeting members adopt this Mr Michelman said that it presents a serious question for a Town Meeting Member, who would not be acting responsibly if he didn't give it serious thought We are now asking that this By-Law be con- sidered on its merits The Chairman felt that we would be in better shape if we get the $ 10,000 and get the program going Mr Michelman said that they want Town Meeting to vote on the By-Law; it has other attributes, just as we discussed nine months ago, that it provides legal support and also invites some review by the Attorney General ' s Office if, in the future, doubts still exist The Chairman said that everybody is anxious to try it on a sub- stantial project and make an attempt to really make it work and have something come of it; we will have no problems on that score but he could see some problems in getting the By-Law through Mr Michelman didn't doubt that there would be problems there Mr. Greeley asked if the Chairman was saying that it is a mis- take to apply this to sewers, water and drains; are you saying to ex- clude these? The Chairman said that there are two thoughts on this 1/( y I ) it is not logical to apply it to sewers, etc and 2) was it prac- tical to present it this year? Mr. Michelman said that it is probably a matter of some inter- est; as he understands it, similar material will be presented to Town Meetings in several other Towns. The Chairman said that if we didn't have one last year, fine; but we did Mrs Skov said that this is purely an enabling act Mr. Greeley said that this is an advance item coming before the Town Meeting and there is ample chance to discuss; if the Adminis- trative Officers take a hard look at it, they can use the powers of persuasion, if Town Meeting passes it, talk with the contractor. We think it is a moral commitment and would like it to pass. The Chairman said that the Article is in the Warrant and it will make a difference about how the Article motion is drafted. Mr Michelman said that the Commission will discuss the motion. Mr Michelman and Mrs. Skov retired 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 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 appoint Youth Charles McManus as Youth Counselor for the Town of Lexington, to Counselor work under the supervision of the Selectmen' s Drug Advisory Com- mittee Upon motion duly made and seconded, it was voted to adjourn at 900 P.M A true record, Attest 4xecutive Clerk, Selectmen Al ;4-1 r 5�)() /I/ STREET HEARING ON SUBDIVISION STREETS & CONSTRUCTION STREETS - FEBRUARY 12, 1970 The Board of Selectmen held hearing in Estabrook Hail , Cary Memorial Building, on Thursday, February 12, 1970, at 8.00 P.M. Present were Robert Cataldo, Chairman, John J. McSweeney, Town Engineer, Emanuele Coscia, Jr , and Alice D Stringos, Clerk (Messrs Greeley and Bailey-Board of Selectmen, William J Martin, Assistant Town Engineer) 8 00 P.M The Chairman declared the hearings open at 8 00 P.M The Chairman explained the subdivision streets are constructed under the Subdivision Control Law and the Construction Streets are under betterments He stated that everyone present would be given an opportunity to speak in favor or in opposition and to ask questions He also stated that the final decision as to whether the streets will be accepted or not is made by the Town Meeting members ANGIER ROAD - Hearing was declared open upon the proposed lay out of Angier Road from Burlington Street a distance of 799 feet, more or less, northeasterly to Emerson Road The Chairman asked the people to record themselves in either in favor or in opposition The following were in favor Mr & Mrs D Rao Sandi , 5 Angier Road Mr & Mrs Frederick Matthews, 7 Angier Road Mr & Mrs William W. Kates, 6 Angier Road No one appeared in opposition, and the hearing was declared closed. AUGUSTUS ROAD - Hearing was declared open upon the proposal lay out of Augustus Road from Reed Street to Vaille Avenue a distance of 1396 feet, more or less, southwesterly The Chairman asked if there were any questions, no questions. The following were present and recorded themselves in favor of the street Mr & Mrs Mark Lichtenstein, 9 Augustus Road Mr Joseph M Cronin, 49 Vaille Avenue NQ one appeared in opposition, and the hearing was declared closed. J56 (j BLINN ROAD - Hearing was declared open upon the proposed lay out of Blinn Road from Hickory Street a distance of 447 feet, more or less, southwesterly to end. No one appeared in favor or in opposition, and the hearing was declared closed BLOOMFIELD STREET - Hearing was declared open upon the proposed lay out of Bloomfield Street from Minola Road a distance of 438 feet, more or less, westerly to end The Chairman explained that this is for only the section of Bloomfield Street that has already been built; we will not discuss the other end The Chairman asked if there were any questions, no questions. Mr Dietmar Seyferth , 84 Bloomfield Street was present and recorded himself as in favor of the street No one appeared in oppostion, and the hearing was declared closed CAROL LANE - Hearing was declared open upon the proposed lay out of Carol Lane from Bedford Street a distance of 700 feet, more or less, northeasterly to end. No one appeared in favor or in opposition, and the hearing was declared closed DIAMOND ROAD - Hearing was declared open upon the proposed lay out of Diamond Road from Grove Street a distance of 1297 feet, more or less, northeasterly and northerly to Emerson Road No one appeared in favor or in opposition, and the hearing was declared closed EMERSON ROAD - Hearing was declared open upon the proposed lay out of Emerson Road from near Diamond Road a distance of 1380 feet, more or less, easterly to a distance of 337 feet, more or less, beyond Angier Road Mr. Howard Levingston, 358 Emerson Road, was present and was recorded in favor of the street No one appeared in opposition, and the hearing was declared closed. HICKORY STREET - Hearing was declared open upon the proposed lay out of Hickory Street from Garfield Street to Kimball Road a distance of 1012 feet, more or less, southeasterly and easterly. No one appeared in favor or in opposition, and the hearing was declared closed. MASON STREET - Hearing was declared open upon the proposed lay out of Mason Street from Pleasant Street a distance of 1332 feet, more or less, easterly and southeasterly No one appeared in favor or in opposition, and the hearing was declared closed V 7 1 OAK PARK CIRCLE - Hearing was declared open upon the proposed lay out of Oak Park Circle from Saddle Club Road a distance of 505 feet, more or less, northerly to end No one appeared in favor or in opposition, and the hearing was declared closed PADDOCK LANE - Hearing was declared open upon the proposed lay out of Paddock Lane from Follen Road a distance of 645 feet, more or less, southwesterly to end No one appeared in favor or in opposition, and the hearing was declared closed SADDLE CLUB ROAD - Hearing was declared open upon the proposed lay out of Saddle Club Road from Grant Street a distance of 1165 feet, more or less, northeasterly to the previously accepted portion Mr James Andrellos, 36 Saddle Club Road, was present and was recorded in favor of the street. No one appeared in opposition, and the hearing was declared closed SHAW PLACE - Hearing was declared open upon the proposed lay out of Shaw Place from Augustus Road a distance of 276 feet, more or less, northwesterly to end The Chairman asked if there were any questions - No questions Mr. Hsi-Ching Liu, 4 Shaw Place was present and was recorded in favor of street No one appeared in opposition, and the hearing was declared closed VAILLE AVENUE - Hearing was declared open upon the proposed lay out of Vaille Avenue from the previously accepted portion a distance of 1120 feet, more or less, westerly to end The Chairman asked if there were any questions - No questions. Mr Joseph M Cronin, 49 Vaille Avenue was present and was recorded in favor of street No one appeared in opposition, and the hearing was declared closed WHITE PINE LANE - Hearing was declared open upon the proposed lay out of White Pine Lane from Mason Street a distance of 763 feet, more or less, southwesterly to end No one appeared in opposition or in favor, and the hearing was declared closed WHITE TERRACE - Hearing was declared open upon the proposed lay out of White Terrace from Diamond Road a distance of 425 feet, more or less, northwesterly to end No one appeared in opposition or in favor, and the hearing was declared closed I 4i `2 FORBES ROAD - Hearing was declared open upon the proposed lay out of Forbes Road from Marrett Road a distance of 500 feet, more or less, southerly to end The Chairman asked if there were any questions. A representative from Cabot, Cabot, & Forbes was present and said that they now have an instrument showing that Lot 9 would be conveyed to the Town of Lexington at time of acceptance He also said that the existing drain easement - so called - Section 1 is no longer in existence, superseded by existing drain in Section 11 The Chairman stated that this is not the time to discuss this problem - we are here mainly to discuss the acceptance of Forbes Road and would he please record himself either in favor or in oppo- sition He recorded Cabot, Cabot, & Forbes in favor of the street No one else appeared in favor or in opposition, and the hearing was declared closed MASSACHUSETTS AVENUE - Hearing was declared open upon the intent to tay out a building line on the southerly side of Massachusetts Ave- nue from the easterly boundary line of the premises now numbered 1654- 1656 Massachusetts Avenue. The Chairman explained that this building line was discussed at the Board' s meeting Monday night, and the line will be 15 feet beyond the existing street line. No one appeared in favor or in opposition, and the hearing was declared closed WALLIS COURT - Hearing was declared open upon the intent to lay out a building line on both sides of the entire length of Wallis Court The Chairman stated that this was recommended by the Town and the line will be 71 feet beyond the existing street line. No one appeared in favor or in opposition, and the hearing was declared closed. Hearing was declared open upon the following 1970 proposed con- struction streets BLOOMFIELD STREET - Hearing was declared open upon the proposed lay out of Bloomfield Street and the Chairman read the Notice of Inten- tion to lay out Bloomfield Street a distance of 350 feet, more or less, from Highland Avenue to beyond Minola Road ' The Chairman asked if there was anyone wishing to speak Mrs. William C. Martin, 77 Bloomfield Street, was recognized and asked - do we have to have a sidewalk on the street? The Chairman answered yes you do The Chairman asked if anyone else wished to speak, no one else wished to speak L eF01 r) III The following were present and were recorded in favor of the street Mr. & Mrs. Selden M Loring, 80 Bloomfield Street Mr Svetlana Orlen, 76 Bloomfield Street Mrs. William C. Martin, 77 Bloomfield Street Mr. & Mrs Bernard R. Danti , 73 Bloomfield Street No one appeared in opposition, and the hearing was declared closed. DOWNING ROAD - Hearing was declared open upon the proposed lay out of Downing Road from Marrett Road a distance of 1050 feet, more or less, to Outlook Drive The Chairman stated that a sidewalk would be built on the southerly side of Downing Road The Chairman asked if there was anyone wishing to speak Mr Harvey Adams, 46 Downing Road commented, "Why not a side- walk on both sides of the street " One resident spoke out and commented, "Why a sidewalk " The Chairman explained that the Board took a considerable amount of time and trouble in considering to vote on this street knowing that everyone on Downing Road wanted the street and the Board voted the sidewalk in upon the recommendation of the Town III Engineer and being in the best interest of the neighborhood and to the Town Questions were raised - why the sidewalk on that side of the street The Chairman explained that this is the best way to construct Downing Road and if you don't want it - just say so - this is what we arehere for tonight, to discuss your feelings and concern. The Chairman commented that we will be very much surprised if you vofe Downing Road down after all the consideration we gave it to vot$ it in The street was supported by a petition, and we took you atlyour word, so if we are going to construct the street, we will c nstruct it the best way we know how Sffl eone spoke out and asked if the street could be constructed withou the sidewalk The Chairman said that the street warrants it - it is in the best interest of the neighborhood and the Town Cynthia Hobart, 37 Downing Road, stated that we signed a peti- tion slowing the price to each owner and now we understand that the price Will be different - just what will the cost be? Tile Chairman explained that we do not know at this time but the co$t will be proportioned on a 1/3 to each of the abutters and 1/3 tolthe Town, based on the average construction cost of the pre- vious three years Joan Commons, 15 Downing Road, asked what will the average cost be? III FG4 The Chairman answered that we cannot give you an answer right now Joan Commons commented that the Town must know the cost by now or have some information for this hearing The Chairman repeated that you will be charged based on the average previous three years. It is the fairest way t0 figure the cost for each street Mr Dirkan M. Arparian, 26 Downing Road, and Mr. John Reilly, 43 Downing Road, asked do we have to have the sidewalk The Chairman answered - yes you do - the Board feels very strongly that a sidewalk should be built and if we do not build it now, and later on in about three or four years you should decide that you want the sidewalk, the cost will be three times as much as it will cost to construct it at the present time. Someone commented that in ten years from now - we still won't want the sidewalk The Chairman stated, that you people came to us to build Down- ing Road, we considered to vote on it and if we come in there at all , we are going to do it right or not at all . Just tell us if you want the street or not The Chairman asked the peopae to record themselves as follows Those in favor of the street as proposed, which includes the sidewalk were as follows Mr. & Mrs. Edwin F Hutchinson, 35 Downing Road Mr & Mrs John Reilly, 43 Downing Road Mr. & Mrs Robert J Robinson, 53 Downing Road Mr & Mrs Manuel J. Ferry, 50 Downing Road Mr & Mrs Robert A. Scannell , 38 Downing Road Mr & Mrs Eric E. Hagman, 39 Downing Road Mr. Harvey B Adams, 46 Downing Road Those in opposition to the street were as follows Mr & Mrs Wayne V. Anderson, 5 Downing Road Mr Dirkan M. Arparian, 26 Downing Road Mr & Mrs Frank J. Braunfeld, 29 Downing Road Mr Joseph D. Brucchi , 32 Downing Road The following were recorded in favor, if the sidewalk is de- leted Mr John R. Jones, II Downing Road Joan M & Jean F. Commons, 15 Downing Road Mr. & Mrs Stewart Marks, 19 Downing Road Mr & Mrs. Marvin S. Burgess, 34 Downing Road Mr Dirkan M. Arparian, 26 Downing Road MAra v eft I ?ft Mr. Eric E. Hagman, 39 Downing Road, stated that he would like to be recorded as opposed to the street if the sidewalk was not built be- cause 1-1e felt that it was for the safety of the children l�he Chairman read two letters before closing the hearing for matter of record from two residents who unable to attend expressing their opinions on the acceptance of Downing Road Mr. d Mrs Ewart M Brunn, 40 Downing Road (did not attend) They Wanted to register their vote for acceptance by the Town of Lexing- ton for Downing Road, but oppose to any sidewalk or sidewalks, which they reel are unnecessary and detrimental to the appearance of the road kr Joseph D Brucchi , 32 Downing Road (did not attend) His letter expressed his opinion on this issue of the acceptance of Downirg Road and to the inclusion of a sidewalk on the even numbered side cf the road the Chairman asked if there was anyone wishing to speak, no one else wishing to speak, the hearing was declared closed on Downing Road 8 45 P.M. MINOLA ROAD - Hearing was declared open upon the proposed lay out of Minola Road a distance of 105 feet, more or less, from Bloomfield Stree to the previously accepted portion e Chairman stated that there will be no sidewalk built on Minot Road. The Chairman asked the people to record themselves in either in favor or in opposition. hrs. William C Martin, 77 Bloomfield Street, recorded herself in favor of the street as long as proper drainage is installed. Mrs Felix A. Sartori , 9 Minola Road, stated that she was an abutter and stated that she hoped, that during the time of construc- tion, proper drainage would be installed to take the water from Mrs N.artin' s property the Chairman stated that drainage will be installed at time of construction The Chairman asked if there was anyone wishing to speak, no one else wishing to speak, the hearing was declared closed on Minola Road. The residents from Bloomfield Street asked the Chairman if the sidewalk could be discussed again Mrs Selden, 80 Bloomfield Street, stated that they did not quite understand, could she and her neighbors be recorded in favor of the street and not in favor of the sidewalk. the Chairman said yes they could and this would be considered when the Selectmen review the minutes of the hearing. I ` 576 The Chairman recognized Mr Roland Greeley (Board of Selectmen) and asked him if he had anything that he would like to add to this hearing Mr Greeley answered no nothing further, that he was only con- cerned about the residents of Bloomfield Street to have another chance to record themselves concerning the sidewalk. 9 00 P.M Hearings declared closed at 9 00 P.M V ) 1 1 10 77 SELECTMEN'S MEETING February 16, 1970 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, Febru- ary 16, 1970 at 7 30 P.M. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present; Mr. Legro, Town Counsel ; Mr. O'Connell , Special Assistant to the Board, Mr Burke, Superinten- dent of Public Works, and Mrs McCurdy, Executive Clerk, were also present Ar O'Connell reported to the Board that he had talked with Rev. Aetaxas of the Greek Orthodox Church regarding the request for the annual ten mile race to commence at the Minute Man monument at 12 00 Noon The Board had questioned the starting time because it might interfere with church services but Mr. O'Connell had checked with all of the churches and recommended 12 30 P.M., as he Race felt it would not interfere with any of the services Permit Upon motion duly made and seconded, it was voted to grant per- mission to the Greek Orthodox Church to Conduct the annual ten mile race, commencing at the Minute Man monument., at 12 30 p.m. Rev. Metaxas had requested that a police cruiser escort the leading runners to the Arlington line and the Board agreed that Chief Corr would be notified to make arrangements for a cruiser to escort them Ar O'Connell reported to the Board that he had met with Mr. Burke and Mr McSweeney regarding the old "res" and a set of recom- mendations of what can, and should, be done on a one-year trial basis have been prepared; they are waiting for a plan from the "Old Recreation Committee Res" The Chairman asked if they had gone over the equipment that has been ordered and if everything is in? Mr. O'Connell replied that they had everything except the flow circulator dr O'Connell reported to the Board on the 911 emergency system. He said that he had reviewed it with the Telephone Company and they say it is quite expensive; they are submitting the detailed cost and backup Chief Corr doesn't think we need it Mr O'Connell said 911 that he would like to look into it as the Police, Fire and Civil De- System fense would have to be connected with extra special lines, over and above what they have; now, they are all on one hookup Nr Bailey said that 911 calls come into one point and someone there has to fan them out to the Police, Fire and Civil Defense. Nr. O'Connell is to continue to look into the system 1 1 578 Mr O'Connell said that he had received the notice of a public hearing, with respect to municipal collective bargaining, Collective to be held at the State House on February 19, 1970 1 Bargaining The Chairman explained to the Board that he had written to Hearing Mr. O'Connell and Mr Legro, asking for their comments regard- ing the hearing. Mr O'Connell felt that the Town should be represented. Mr. Legro agreed and said that he planned to attend the hearing. Mr. O'Connell said that he had talked with Mr McSweeney and there was only one plan in existence on the Hayden Avenue Conservation area, and this is a land court plan on Valleyfield Mr O'Connell had asked Mr. Brown of Conservation to be here to- night as there is little opportunity left to discuss this be- cause there are no plans The Hines' option calls for the plans to be drawn up after the option is exercised by the owner The Chairman asked Mr. O'Connell to get together with Mr Hayden Avenue McSweeney and Mr Zaleski on these Hayden Avenue options. Options Mr Legro said that on the Crawford option, the land on which the Town has an option is front land that borders on Hay- den Avenue to the 850' line, this is one that we can't exercise the option on and he proposed to talk with Mr Crawford' s attorr ney tomorrow The Chairman asked if Mr Legro agreed that we should ask for an extension? Mr Legro agreed but said that if the extension isn't given, these options expire at 5 o'clock on February 20th. The Chairman said that we can vote to ask for a 30-day ex- tension and, if not granted the extension, we can get together this week to vote on whether to exercise the options or not Mr Legro said that we don't need a vote to request the extension The Chairman read a letter from the Chairman of the Plan- ning Board requesting the amendment to their budget of 1970 for professional consulting services, as the previous request Planning for a senior planner had not been approved The request was Board ( I) for an increase from $270 to $4,270 to permit the use of Budget consultants for limited scope studies of housing needs, open space preservation, subdivision traffic patterns and for specialized soil and drainage studies of problem areas in new subdivisions; (2) to restore the salary of sumer planning in- tern at the previously established rate of S- II-D for 15 weeks. After discussion, the Board agreed to an increase to $2500 for item 340 in Account No 1600. Board of The Chairman read a letter from the Chairman of the Board of Appeals Fees Appeals, in answer to the recommendation of our Board for a fixed fee schedule, rather than their suggested sliding scale e) Z-11 Upon motion duly made and seconded, it was voted to inform the Board lof Appeals that the Board agrees with the recommended charges for Board of Appeal hearings, as follows 11 Retain present $20 charge for renewals 2. Charge $35 for new variations, permissions and requests for signs 3 Charge $50 for any Finding and Determination 4 Charge $250 for any petition for low or moderate income housing The Chairman read a letter from Attorney Tropeano regarding the acceptance by the Town Meeting of Mason Street and stating that any grant of easement given by the developer, who installed the sewer across Wilson Farm land, cannot and does not include the Wilson land across which the developer installed the sewer The Chairman said that as he understands it, that 20' strip Wilson Farm was still within the sewer easement that the Town now holds Mr Legro showed a plan of the sewer easement and said that the sewer installed by the developer from Mason Street to its con- nection wiith an existing Town sewer is wholly within a sewer ease- ment acquired by the Town in 1959 or within a sewer easement in land within the subdivision owned by Benjamin Franklin Homes, Inc at the time that it granted the latter easement to the Town The sewer does not trespass on any of the Wilson Farm land Mr Legro was requested to write to Attorney Tropeano and Mr Legro agreed to handle the matter. The Chairman read a letter from Attorney Tropeano regarding the proposed building line on Wallis Court and certain parts of Massachusetts Avenue; the letter states that, in his opinion, the Town should pursue this through zoning rather than through the establishment of a building line and thus subject the taxpayers Wallis Court to untold thousands of dollars in damages The Chairman said that he has discussed this letter with Mr Legro and has asked the Planning Board to send us their comments Mr. Zaleski submitted a letter from the Planning Board which stated that it is of the opinion that building lines and the pay- ment of damages are more equitable than the zoning restrictions advocated by Mr Tropeano The Board agreed with the Planning Board' s opinion and a letter is to be sent to Attorney Tropeano informing him of the decision of the Board The Chairman read a letter from the Chairman of the Permanent Building Committee regarding the question of a proposed access Access Jr road from Waltham Street for the new Junior High School . High School it was agreed to refer this to the Planning Board and the Traffic Safety Committee for a recommendation for the location of an access road, and to so inform the Permanent Building Committee Traffic The Traffic Safety Committee Chairman was discussed and it was Safety agreed that Mr O'Connell is to come back to the Board on next Mon- Comm day evening with a recommendation for a Chairman The Chairman read a letter from the Workable Program Director regarding the expiration date of May I , 1970, forms to be signed for re-certification have been submitted to us. Workable Mr Greeley asked if our Workable Program lapses, can we Program still continue the rent supplement? He felt that this is the only thing we need the program for and if we can keep the rent supple- ment going some other way, we don't need the program It was agreed to write to the Planning Board and ask if we would lose any of our rent supplement if we do not become re- certified for the Workable Program Upon motion duly made and seconded, it was voted to certify the character of the following, who have applied for Certificates of Incorporation Cert of Lester E Goodridge, Jr 24 Freemont Street lncorp Marie H Goodridge 24 Freemont Street Anthony L Mancini 115 Reed Street "Education World, Inc " Harold C Currier 18 Preston Road "Bay Point Shooting Preserve, Inc " The Chairman informed the Board that the Tax Collector re- quests that we abate the submitted list of uncollectable ambu- Ambulance lance bills for 1967, in the amount of $ 189, most of the people Bills are from out-of-town and it has been impossible to collect from them It was agreed to write to Town Counsel , asking if we have the right to turn over the list to a bill collector and pay a fee to him The Chairman said that a request has been received from the Lexington Lexington Golf Club for a renewal of their Club Liquor license Golf Club Upon motion duly made and seconded, it was voted to sign the Club Liquor license and application to the ABC for the Lexington Golf Club The Chairman recommended that the Board appoint Mr Zehner as Fence Viewer for the Town, to fill the unexpired term to Fence March 31 , 1970 caused by the resignation of Jack Garrity Viewer Upon motion duly made and seconded, it was voted to appoint Louis A Zehner as Fence Viewer for the Town, to fill the unex- pired term of Jack Garrity to March 31 , 1970. Sidewalk Mr Greeley said that he was concerned about the lack of Policy policy on when we have a sidewalk on a street and when we do not 681 II/ He didn't care, particularly, whether we have this on Bloomfield Street ut, before we are involved, we should have the Planning Board or the Traffic Safety Committee recommend a policy When we are at 0 street hearing, it sounds as though we are extemporizing when we say, it is our best judgment and it is right, but we don't have anything to fall back on The Chairman said that on Bloomfield Street, we will decide that when we vote to lay out the street We will write to the Planning Board and the Traffic Safety Committee for their opinions on a sidewalk policy The Chairman discussed Route 2 and said that he had called the Gov,ernor' s office for an appointment to discuss his position on the extension of Route 2 The Chairman feels that we cannot accept the Governor' s position to discontinue the construction of Route 2, and he wanted to discuss this with the Governor Route 2 Mr. Greeley asked if we should invite Belmont and Arlington to go with us? Tho Chairman replied that, if and when we do get the appoint- ment, we feel we should go alone to the first meeting and, if we can't grt any satisfaction out of this meeting, we will invite Belmont, and Arlington to the next meeting. The Chairman informed the Board that a letter on the Winthrop Road tax land has been received from the Planning Board, request- ing that the Public Works Department dig up to five trenches to expose soils to a depth of 8 - 10 feet in certain designated loca- tions The letter further requests that Mr. Burke and Mr McSweeney give written recommendations as to the suitability of soils in various parts of the site for the construction of housing for the elderly and, also, the correction of any problems which may exit in this area This information was requested for use Winthrop Rd in formOilating the Planning Board' s report to Town Meeting Tax Land The Chairman said that Mr Burke is not an engineer and the question is, do we want to get in the position of making recom- mendations when we don't know what the final project is going to be? If we go to Town Meeting, based on this decision, we are looking for trouble The Planning Board, at this stage, should be concerned with only the use of the land and not the suitability for construction Mr. Greeley said that if Mr McSweeney can give advice on soil and sub-soil , this is as far as we should ask him to go The Chairman asked if he meant so many feet of peat, clay ‘ or hard pan? Mr Greeley replied in the affirmative This Chairman said that this is what it should be limited to This letter asked for correction of any problems that may exist in the ,area, they are talking a substantial job Mr. Mabee said that this is because there are no funds ITha Board agreed that Mr Burke and Mr McSweeney would be instructed to go in and dig some test holes and come back with a soil report Mr Stoico and Attorney Richards met with the Board Mr Richards said that they are involved in Town Meeting Article 102, which calls for the rezoning of a 30-acre parcel of land easterly of Maple Street, beyond the apartments owned by Mr. Maloney This is currently a vacant parcel and con- sists of two parcels that are subdivided The picture here would be different than Sanderson and Bryant Roads as they now have been approved A portion would be subdivided in fif- teen lots and the other portion in fifteen single family resi- dence lots; an extension of the application for the subdivision runs to March 17, 1970 There has been a good deal of talk and dissension about the building of dwelling houses or attached homes in the Town for the purpose of accommodating low or mode- rate income housing people. We are not concerned with the current application by the Planning Board for the installation in the Town of an RH zone because we are not discussing subsi- dized houses, as such Mr Stoico has 30 acres and proposed to build 204 of the town house type and there would be a sub- stantial amount of open land. These buildings are not exactly a new venture, these are what they were building in the late 17th century on Beacon Hill . They are attached units and would be sold individually, in the price range of $ 18,000 for a dwell- ing unit, to approximately $28,000. Mr. Stoico had proposed to offer a certain number to the Lexington Housing Authority if they are desirous of acquiring them, the purpose being, if one Stoico Housing or more were to be acquired by them, they could be leased to a person qualifying under moderate income and they could occupy the dwellings Subsequent to this, we have some persons in mid- income who would be able to purchase one or more of these at a rate extended by 20 or 40 years under the type of program that might be offered. We have no commitment from the Housing Authority This area would accommodate 30 dwellings; zoning would accommodate more Mr Stoico met with a representative of HUD, the Commission on Urban Responsibility and the Planning Board to discuss this particular matter. The Article is a Citizens' Article and we felt that the Board would be more than a little interested in what is going on In my opinion, this is a new venture, in that public financing can provide housing for people in lower or moderate income bracket Where can you find a new, two-bedroom house for $ 18,000? To provide this type of housing and make it avail- able to the Housing Authority, we originally did not plan to put in a single bedroom apartment, in the sense of being an attached house, but there is some demand for a single bedroom dwelling which could be added on to the housing proposed here. Mr Stoico would be willing to make 51 available to the Housing Authority That, basically, is the program, it is not a development for the renting of apartments or any corporation would be holding 'sofa '' ' the whole bit and renting them out The program offered is one to be able to buy a home with two bedfooms for $ 18,000, and some of them woiId have three bedrooms. Mr. Greeley asked if the so-called town house frame is con- structer with fire walls? Mr Richards replied in the affirmative Mr. Greeley asked about carports Mr.1 Richards said that most of them would have car ports; there i a sufficient area for open parking of 201 cars and there would be car ports for 105 cars The Chairman asked if -he was looking for a variance on the buildind code? MrV Stoico said that he would be, the law calls for apartments to be urder 2nd class and he will go to the Board of Appeals to build 3rd class. The Chairman asked what is the difference in the conditions for the 25% you would make available to Housing. Mr Richards said that we have designed one or more apart- ments which would have somewhat less in the interior design; the overall footage would be the same but there wouldn't be as many cabinetS, etc. to keep it down to the $ 18,000 level The Chairman asked if they sell the house to the Housing Au- thority for $ 18,000, what would you sell it to the other fellow for? Mr Richards replied, $ 18,000 The Chairman said that they are giving Housing the first crack at it, why stop at 25%? Mri Richards replied that whether the rules are right or wrong if you have more than 25% of the lower price in an area, you are building a lower price development The Chairman said that they wouldn't say, no, if Housing wanted 25 of the $25,000 ones. Mr, Richards agreed. Tho Chairman asked what they felt the project is going to cost? Mr Stoico replied that they anticipate a cost of slightly under $1 M If Housing does purchase 50 or 51 , he didn't know what tax advantage they have. Mri Richards asked if Housing bought 10 at $ 180,000, what dif- ference would they be paying to Lexington in property tax that 10 individr}als buying at the same price; if there is a difference? The Chairman said that we get a payment in lieu of taxes, based on the amount of money taken off the tax rolls. Mr4 Richards said that as far as he is personally concerned, this is a rather daring project; if a new, attractive reasonable type of !housing can be built within this range, we are sure there will be a demand for it and it might satisfy some of the demands a suburban area like Lexington might have. If the Housing Authority is able to purchase the two bedrooms in the $ 18,000 class and then lease ii , it might be an answer to a problem we have had. The Chairman asked how long it would be for total construction? 84 Mr Stoico said that they would be available about a year from today; most of our construction would be starting, actually, in late summer, due to a lot of preliminary work on roads We have two banks we have been talking to and, subject to a better understanding with the Town, they will commit themselves The Chairman thanked them for meeting with the Board and Mr Stoico and Mr Richards retired. 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. Upon motion duly made and seconded, it was voted to adjourn at 10.45 P.M A true record, Attest -2:—)1/P))r) Executive Clerk, Selectmen Pte' hs J 0 8 0 SELECTMEN'S MEETING IllFebruary 19, 1970 A special meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Thursday morning, February 19, 1970, at 8 30 A.M Chairman Cataldo, Messrs. Kenney, Greeley and Bailey were present. Mr Legro, Town Counsel , Mr. O'Connell , Special Assistant to the Board, Mrs. McCurdy, Execu- tive Clerk, were also present Mr. Legro said that there was no reason for not exercising the option on the area Realty Trust land, which is the small isolated parcel qn Hayden Avenue and to be acquired for Conservation pur- poses It is advisable to exercise this option and not let it go by the Bloard. Upon motion duly made and seconded, it was voted to exercise the option on the Area Realty Trust land on Hayden Avenue Mr. Legro said that Norman Richards represents Valleyfield Trust and he had talked with him yesterday Mr. Richards had brought in a plan and said they were agreeable to March 20; it is cafe enough not to ekercise that option In that connection, it was estimated that Valleyfield was 25 acres; the plan shows it to be 27 9445 acres, which means a difference of almost $4,000 It will mean a deficit in the appropriation, which means this one could not be exercised. If Conservation wants to do it and if they have the funds, they can properlyl use the funds to make up the deficit The appropriation was $52,000 and I am basing my estimate on the assumption that no money has been spent. The Chairman said that we should check the appropriation and Area check Conservation funds, and if Conservation would be agreeable, to Realty extending the balance, we have no Article Trust Mr. Legro said that it doesn't include acquisition for Conserva- tion purposes. The Chairman said that our Article will not carry it, to pur- chase it was stricken Mr Legro said he didn't think you would have any right to use funds voted by the Board of Selectmen The Chairman asked if we could ask for a transfer from their funds? Mr.l Legro asked, you mean after Town Meeting? I presume you could Thel Chairman asked what do we need to exercise the options? It ought td be resolved. Mr. Legro said that the most important thing is the location of that sewer. He showed a small plan of the area and the Board dis- cussed the location of the sewer Mr Legro said that Mr. Crawford is in Florida and his attorney didn't want to discuss it These 1 option extensions all run to March 20th He had asked Mr. Fish to supply a plan and it calls for it to be delivered after the sign- ing of the option, they have a Land Court plan to start with. Upon motion duly made and seconded, it was voted to adjourn at 9 20 A" .M A true record, Attest \ ��v ` I Executive Clerk, Selectmen ) I I 587 III SELECTMEN'S MEETING February 23, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, February 23, 1970 at 7 30 P.M. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel , Mr O'Connell , Special Assistant td the Board, Mr Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk Hearing was declared open upon petition of the Boston Edison Com- pany for pe-mission to install two poles on North Street Notices of the hearing were mailed to the petitioner, owners of the propertly as listed on the petitioner' s plans, and also filed with the Town En ineer Mr Pr tt, representing the Boston Edison Company, was present and explained that this petition for two poles for street lights was presented at the request of the Town The Chairman said that the location is approved by the Town Pole Engineer 1 Location No oneiappeared in favor or in opposition and the Chairman de- clared the searing closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company for the following location of poles North $treet, southwesterly side, northwesterly from a point approximately 105 feet northwest of Lowell Street, - Two (2) poles The Chairman informed the Board that a petition has been re- ceived from the Boston Edison Company to locate seven poles on Coach Road Thisiis a routine request as Coach Road has become an accepted Street Upon motion duly made and seconded, it was voted to approve the location oflthe following Boston Edison poles Coach Road, southerly from a point approximately 33 feet south of Carriage Drive, - Seven (7) poles. Mr Legro reported to the Board that arrangements have been made for extensi ,ns of options of land on Hayden Avenue He has amended Hayden Ave. the Crawford option as it calls for signatures of the Board and he Options felt the Board should not be involved in an extension of an option. He has been unable to contact the Crawford Attorney but will take care III of the matter with him. 88 The Chairman said that a meeting has been scheduled here on Thursday morning with all parties concerned on Hayden Avenue Mr O'Connell reported to the Board on his attendance at the public hearing with respect to municipal collective bargaining, held by the Governor' s Advisory Council on Labor-Management Rela- tions on February 19 This hearing was called to collect the views and recommendations of the various parties involved in the last four years and was well attended by 100 or 150 people; the heaviest Municipal representation was from various teacher groups There was a rela- Collective tively limited number of speakers because some spoke for too long Bargaining a period There were representatives and attorneys of local teachers' groups and the Superintendent of Schools from Scituate who had just completed his thesis on Municipal Collective Bargaining In essence most of the proposals were urgings that the law be changed for com- pulsory mediation and for a limited right to strike and both parties should share in the cost of dispute settlements and a proposal that towns be prevented from setting a tax rate until collective bargaining is completed Representation from management was thin Mr Robinson, of the Brookline schools and an employee of the State, said that the law should define what it refers to under the scope under terms of conditions of employment; he feels that the law used in the teachers' area, everything has to do with management of the school system. Mr. Drachman, representing the City of Boston, said there should be a sharper definition of who is the emp-loyee and who is the super- visor, and a separation under these. In essence, the key points and all of this information will he compiled and what the Council will do is not clear Mr O'Connell said that the Board has received a letter from Attorney Tropeano regarding a claim of James V and Eleanor M Cos- grove, 307 Wood Street, for property damage resulting from the taking of an easement for sewer purposes on May 12, 1968 Mr Cosgrove O'Connell has checked into the records and this is part of the work Taking under Contract #5 in 1967 for the Hartwell Avenue trunk sewer, the appraisals were made and the recommendation was for no damages The owners were notified on June 14, 1968 of the decision of no damages and we can find no indication of any change since then This is, apparently, action by the owner within the two years allowed from the date on which the order of taking was recorded, which was June 7, 1968. Upon motion duly made and seconded, it was voted to request Town Counsel to write to Attorney Trepeano and re-State the position of the Board of an award of no damages to James V. and Eleanor M. Cosgrove. Sewer Mr O'Connell informed the Board that a request has been received Betterment from John Przyjemski , 84 Cliffe Avenue, for a sewer betterment assess- Assessment ment deferment in the amount of $853.24. 000 Mr. O'Connell had asked Town Counsel for his opinion of whether there is a legal basis for this deferment and, in effect, he said there was Mr O' Connell has asked Mr Cronin of the Assessors' office to check on whether or not Mr Przyjemski can meet the requirements for a deferment and will report back to the Board after he has compiled the necessary information on Mr. Przyjemski ' s request for a deferment The Chairman informed the Board that a letter has been received from Mr O'Connell , recommending Mr Zaleski as Chairman of the Traffic Appt Safety Committee Traffic Upon motion duly made and seconded, it was voted to appoint Safety Alexander Zaleski as Chairman of the Traffic Safety Committee Comm Upon motion duly made and seconded, it was voted to authorize Patriots' Mr O'Connell to work with Mr Gray and issue the permits for Patriots' Day Day, April 20, 1970 Mr Gray informed the Board that a letter has been received from Attorney Bernan, representing Margaret K Nelson, 109 Burlington Street requesting that the Board consider the letter a demand by Mrs. Nelson Nelson for the pro tanto payment of $7500 for the 3 62 acres formerly owned by -Pro her and taken by the Town on October 6, 1969 Tanto Mr Legro informed the Board that he would prepare a pro tanto re- Request ceipt and would take care of this matter for the Board U The Chairmanlsaid that the Board has written to Mr. Legro regard- ing the question of hiring a bill collector for the uncollectable ambulance bills. The Chairman said that the Board has written to Mr Legro inquir- ing whether we have the right to use a bill collector to collect ambulance bills and the right to pay him for his services Mr Legro 1967 has replied that he could find no provision for the employment by a Ambulance town of a bill collector, other than the provisions for tax collector, Bills town collector and assistants, also, that whoever collected any ac- counts for the Town would have to receive the funds in the name of the Town and transmit them directly without deduction for fee The Chairman said that, obviously, we cannot hire a bill collec- tor Upon mo ion duly made and seconded, it was voted to grant the request of t e Tax Collector to abate the uncollectable ambulance bills of 196 , in the amount of $ 189 00 Mr. Gra informed the Board that the Traffic Study Committee had met with the Architects of the Jr High School on February 4 The Access Rd Board receiv d a letter from Mr. Taylor on the access road and this Jr High was referred back to the Traffic Committee for a report, which is as follows The Traffic Study Committee reiterates its previous recommenda- tion that a separate primary vehicular access be provided to the 4590 proposed Jr High School from Waltham Street, Brookside Avenue and Allen Street may have adequate capacity to serve the school , but our recommendation for a separate access is based on considera- tions of traffic safety and convenience, i e., poor sight distances at Waltham Street, steep grade at Allen Street junction and the im- position of heavy traffic on residential streets Mr Gray said that we agree the capacity is there, but the access bothers us It is our recommendation that a separate access be provided, The Permanent Building Committee feels that this matter is not within the operation of their committee but feels, as per their letter, the matter should be considered by the Board of Selectmen and, if the Board of Selectmen feels that this new access should be provided, then an Article should be inserted in the Town Meeting for the necessary land acquisition If this land is acquired as part of the school site then State aid would be available for con- struction of the access road It is our feeling that they take a weak position, neither for nor against, and we don't feel that Brook- side Avenue is adequate, we stand with our original recommendation The Chairman said that the Board would like the Traffic Com- mittee to request a set of site plans on where the school is located, and work with the Building Committee on an ideal location The Board would like an estimate from the Traffic Committee after determining a location as to what the possible construction costs would be Mr McSweeney asked if he needed permission to go on that land? The Chairman replied that we would have to get it The Air Pollution Committee met with the Board Mr Sing said that the Committee is recommending that Article 106, prohibiting the burning of leaves and rubbish, as submitted by Mr Eisenberg, be approved in principle There is still a question of whether the State will legislate an article to ban all burning within the six controlled districts by the federal government. There will be a hearing on March 12 on this article, if the State does submit it for legislation and it goes through, all open burning Air will be prohibited; this article, in effect, will be superceded by Pollution State legislation Committee The Chairman said that it has not been passed? Mr Sing said that it had not, the hearing is on March 12th The Chairman said that the Air Pollution Committee supports the Article in principle Mr Sing replied, yes; we feel there are items that should be more specifically defined and permits given out only by the Fire De- partment The enforcement has to be under the jurisdiction of the Police Department The Chairman said, in other words, you say you would refine this; why put this on the books, if you feel something different should be done? Mr Sing said that they don't agree to the terminology; there are several practical things, like policing, this Article calls for 5 9 o a written permit, and if you so restrict burning, should you then con- sider some Sort of pickupor doyou want togo to the dump; if the P� State approves, there would be no leaf burning and there would be a swelling demand for some sort of leaf pickup Mr Greeley asked if the written permit means a written permit for each and every fire? Mr Sing rep l i eld, yes Mr Greeley said that they are using a police device by saying, you can't but someone can go to the fire department and get it Mr Kenney said that the intent is it would almost be as easy to go to the dump Mr Greeley asked if they anticipate a lineup in trying to get a permit to burn? Mr Sing replied that you could have the permits available for them to pick up at any time They envision long lines and didn't feel that the number of people involved would object if they want to burn Mr Bailey said that this doesn't penalize the builder, if burn- ing house debris, he can still get his permit Mr Kenney said that a citizen could pick up ten and fill them out and they are not valid for any other day if they are signed on that particular day The intent is to reduce the number of burnings Mr Greeley asked what criteria is there on whether they are issued a permit for pollution or a fire hazard? Mr Sing said that there are two conditions if you want to con- trol today a fire hazard and, it has only been in the last four or five years, a health hazard or a pollution hazard We are suggesting this is more an anti-pollution than a fire hazard The Chairman said, then allow no burning Mr Sing said that in every town that has permitted no burning, they have seen fit to provide public works with equipment to pick up leaves and we didn't want to get involved with thousands of dollars for this. Mr Kenney said that this was brought to a head by the filing by citizens of this particular article The Committee would like to see no open burning in the town; we discussed the cost of leaf pickup and it is an expensive item and the Committee didn't want leaf pickup The Chairman asked who determines it a public hazard, the Public Health Department? Mr Kenney replied that the State does. Mr Greeley asked what advantage is secured by a written permit? Mr Kenney said that it makes it more difficult for them. The Chairman said that it is the Air Pollution Committee' s recom- mendation we support this in principle We would have to get a ruling from Town Counsel and the Moderator He asked that the Committee come up with a mction that could be accepted by Town Meeting and we will give it to Town Counsel and the Moderator Mr Sing said that they do not want to change the scope; they will have the motion in the Selectmen' s office by Wednesday The Air Pollution Committee retired from the meeting The Housing Authority met with the Board The Chairman said that we have a letter from you, saying that you would like to discuss the Vine Brook land. Mr Scanlon said that Mr Russian is with them tonight as Counsel Their major concern is the Article in which the Board of Selectmen transfers title to the Housing Authority; we should es- tablish some basis that this could be done. He had in mind, if the total parcel , as it is, could be transferred or sold to the Housing Authority for $ 1 .00 with the proviso that within 30 days after completion of the project and acceptance by the Authority and acceptance by the Town of the boundaries of that area, we re- turn the property to the Town for $ 1 00. The Chairman said that you want us to turn over the total par- cel to Housing Authority, you, in turn, do a study and come back with a master plan and, upon completion of the project, you will turn it back to us Will the rules of your Authority allow you to do this, can you turn back land? Mr Scanlon said that they can turn it back if there is no need for it The Chairman asked if he had any idea of a schedule? Mr Scanlon said that he can't see anything better than three years The Chairman asked if, at this Town Meeting, we got the au- thority to convey to you, what would happen, what would your schedule Sc? Housing Mr Scanlon said that we have rezoning the same night, then we Authority could get permission for a June offering of bonds We would then have funds to go out for development and would hire an Architect When completed, we go out for bids and build. Mr Greeley said that they would then break ground in the Spring of 1971 The Chairman asked if, after the next bond issue, they would go to work? Mr Scanlon replied, yes The Chairman asked if they had any plans at this point? Mr Scanlon said that they had talked to the Planning Board be- cause there are two areas that include a high piece of ground. They would like to check with the Division of Housing as there is a lack of drainage in the area and we need funds We checked with the De- partment of Community Affairs and they would like six or eight trenches scooped out We would like to ask the Town to give the cost of removing peat, etc and, if the site is not suitable for this type of construction, we would forget the whole thing The Chairman said that we have instructed the engineering depart- ment to make testings When could the Dept of Community Affairs be here? Mr Scanlon said that he will call them and get together this week The Chairman agreed that it should be this week 09,1 IIIMr Greeley asked if there is any opportunity in the procedure whereby the Town Engineer and the Planning Board have a chance to review your selection of the site before you settle on it? Mr Scanlon said that we do have to file the same as any de- veloper, so there is plenty of opportunity for them to revise development plans. Mr Greeley said you could submit that this is the opportunity for the town to protect its interests, whether you are using an area efficiently. Mr Scanlon replied, yes, before we go out to contract, obvi- ously, we will have to move some ground for foundations and such, and should develop with the Town Engineer; it should be a joint venture The Chairman asked, did these things have to be accomplished, title to the land and it has to be rezoned, before you can spend any money? Mr Scanlon said that, first, they have to have permission for the site, we have to definitely clear the title so we can legally get title to it and the Town authorize the Board of Selectmen to convey this land Mr. Russian questioned the manner in which the Town acquired title Mr Legro said that he had asked the question and had no idea as to how the Town would acquire title, he had been informed there was some information that it might or might not be tax title. There III was a taking made by eminent domain, to be a small access to the property The Chairman said to stay away from the title. He asked if Housing has talked with the Planning Board on this approach? Mr Scanlon said that they had talked to Mr Zaleski on sever- al occasions The Chairman said that we had a meeting today and it didn't come out this way, it was his feeling that we dig the test holes and, after evaluating the test holes, come up with a parcel of two to three acres to be rezoned and it was my feeling I would not be in favor of it. Mr Zaleski was pretty adamant that it is the Planning Board' s position that this should be the approach Mr. O'Connell , Mr Gray and I said that the approach we would like to see made is the one the Housing Authority is now proposing Mr Hruby said that two weeks ago, it was the suggestion of Mr Scanlon that the Selectmen be authorized to convey a parcel of land to the Housing Authority; at the same meeting, the Town should vote to rezone the parcel of land. On the strength of these two votes, the Housing Authority can hire an Architect on a contingency basis and, once we find out what we need, the Selectmen can convey a small parcel of land The Chairman said that on the basis of the proposal you just presented to us, as we see it right now, subject to getting the title in proper form to be presented legally at Town Meeting, you will have J541)4 no problems with support from the Board We will expect you back here with a complete report two weeks from tonight to discuss it further The Housing Authority retired The Chairman read a letter from Mr. Jeremiah, requesting that Edward Burke be appointed as substitute Wiring Inspector during his vacation period of March 7 - 28, 1970 Mr. Jeremiah explained Substitute that his wife is ill and if she is fully recovered, he would re- Wiring turn to work at an earlier date. Inspector Upon motion duly made and seconded, it was voted to appoint Edward Burke as substitute Wiring Inspector during the period of March 7 - 28, 1970, with the stipulation that if Mr. Jeremiah is able to return at an earlier date, he is to inform the Board Upon motion duly made and seconded, it was voted to sign Com- Common mon Victualler Licenses for the following, both having been ap- Victualler proved by the Board of Health Licenses Lexington Golf Club, Inc. 55 Hill Street Bamboo Hut, Inc 177 Mass. Avenue Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen' s Meeting held on February 9, 1970. Upon motion duly made and seconded, it was voted to approve LWV the request of the League of Women Voters for permission to park a marked vehicle in Lexington Center on March 2, 1970, with no dis- tribution of literature Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor I D. cards for the following 1 .0 Cards William M Sutcliffe 4 Myrna Road James J Wells, Jr 23 Eaton Road Mr Kenney reported to the Board on the relocation of the Town Offices He said that the Town Office Building Committee had in- vestigated the rental of property and the strong, unanimous opinion Relocation of was that the most feasible way of doing this, considering the opera- Town Offices tion and the cost, would be to rent trailers. We have estimated $8500 for this purpose and have so informed the Appropriation Com- mittee We will stay in this building as long as possible until the time comes that we have to get out of here We will hold the Selectr men' s meetings in the Bird Room and will take the area over the Police Station The Chairman said that Mr Kenney has presented the numbers to the Appropriation Committee; my recommendation is that the Board ac- cept this concept and, when the Article passes, the Committee come back to us for final plans and schedules of relocation. 695 Mr Kenney said that he is requesting the Board to approve the rental of the trailers and to pick up the difference in people by put- ting them on the second floor of the Police Station, the Town barn and possibly, the Visitors' Center He is only asking for approval of the concept and Mr. O'Connell would work out where, specifically, the people would go. The Board agreed to approve the concept, as presented by the Town Office Building Committee, on the relocation of Town Offices The Board agreed to recommending indefinite postponement and will Fire and draw the motions to that effect on Article 39-addition to the Fire Cemetery Station, and Article 40-addition to the existing building at Westview Articles Cemetery Article 43-Fluoridation The Chairman said that we will explain to the Board of Health that the motion should read $ 1 ,000, unless they see fit to ask us for $5,000, they can come back at a Special Meeting for $4,000 Mr Greeley said that he was not voting on this, he may go for Fluorida- the $5,000 tion The Chairman said that we are just asking for the motion to read Article $ 1 ,000 The Chairman said that we are going to ask them to concur with $ 1 ,000 and we will support the $4,000 at another meeting The Chairman said that he had asked Mr. Zaleski to get information on the ownership of the Vine Brook land and Mr Zaleski had written a memo that he has the deed information and suggested that the Board would like to put this in Mr Legro' s hands He refers to the possible availability of some other information in the file kept by Harold Stevens The Chairman said that there is a foreclosure deed covering, we Vine Brook think the whole parcel Land He asked Mr. Legro if he would need any more information Mr. Legro said that he will look it over and do the best he can He asked if there was any idea of what the schedule of conveyance is? Mr O'Connell said that there are complete records on the owner- ship and we don't need any research to establish that the Town owns it The Chairman said that four or five years ago, the Planning Board approached Frank Smith and he came back and said there is a good and sufficient title and the Town owns the property Mr Legro is to handle the Vine Brook property. The Chairman said that Mr. Zaleski was asked for a plan on the authorization we received on the Meagherville site and we also asked Meagherville him to plot what the Planning Board wanted the study on The plan Site was shown and discussed by the Board Mr Greeley suggested that the wording of the study motion make it clear that the study area is larger than the taking 00 Mr Legro said that most of the land authorized is tax title. The Chairman said that eminent domain will clear the title and we will get the necessary information to you to proceed with the taking 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 a person. After discussion of matters of financial interest to the Town, it was voted to go oqt of Executive Session and resume the open meeting Mr Mabee discussed with the Board his firm' s position on quot- ing prices on soliciting orders for the Town Office reconstruction Town project He presented a copy of a memo sent to all the employees of Office Pettengill Associates, saying that under no conditions will anyone Building in his company quote prices or solicit orders from anyone relating to the Town Office project. The Board thanked him for informing them and agreed with his posi- tion and it should be so recorded in the minutes Upon motion duly made and seconded, it was voted to adjourn at 9 10 P.M A true record, Attest V Executive Clerk,, Selectmen 1 i vl SELECTMEN'S MEETING March 2, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, March 2, 1970 at 7 30 p.m Chairman Cataldo, Messrs, Mabee, Kenney, Greeley and Bailey were present Mr O'Connell , Town Manager, Mr Gray, Executive Assist- ant, Mr. Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present. The Chairman informed the Board that Mr O'Connell is to assume his duties as Town Manager on March 2, 1970 and, according to the legisla- tion, at least a majority of the Board must be present and the entire Board ►s-here, the Town Clerk, Miss McDonough is also present to swear Town in Mr. O'Connell Manager The Town Clerk conducted the swearing-in ceremony and Mr Walter C. O'Connell is now the duly authorized Town Manager of Lexington. Mr O'Connell informed the Board that in view of the expiration of the Cemetery Commission, the Board of Fire Commissioners and the expira- tion of the term of Mr Yewell as Treasurer, he suggested that letters of appreciation be written to them Upon motion duly made and seconded, it was voted to approve the recommendation of Mr O'Connell that letters of appreciation be written to the Cemetery Commissions, Fire Commissioners and M . Yewell . Mr. O'Connell informed the Board that Chief Corr has requested that Captain Furdon be appointed as Acting Chief during his vacation period of March 5 through March II , 1970 Police Upon motion duly made and seconded, it was voted to appoint Cap- Dept taro Paul E Furdon as Acting Chief of Police during your vacation period of March 5 through March 11 , 1970 Mr. O'Connell reported to the Board that he had met with Mr. Maloney of the Regional Office of the State Department of Welfare con- cerning the relocation of the Welfare Department. They are very appre- ciative of the Town working with them and raised the question of Welfare whether the Town would allow the State Welfare Department to use the Dept Newell House as a temporary location, any problems associated with tenancy, they would deal with, meaning, they would assist in the problem of relocating tenants The Chairman felt they should come back to the Board with a propo- sition for the Board to consider Mr. O'Connell asked if Welfare should request the Selectmen to entertain a proposal on that property? The Chairman said that we have a problem of zoning and we feel if they could find another location, we would rather no}get into this, but III — i 2 if, in the final analysis they could find no other appropriate loca- tion, we could consider this, perhaps the Building Committee could recommend areas for them to consider Mr. O'Connell is to talk with the Welfare Department and come back to the Board Mr Burke discussed the permit fees He said that when the rates were established for pickup trucks, in order to have a permit, a vehicle must be garaged in Lexington Does the vehicle have to be garaged, only in Lexington or garaged and registered in Lexington? There is one individual with a vehicle garaged in Lexington and registered out of Town and he is using the vehicle for transporta- tion to and from work There is another vehicle garaged and regis- tered out of Lexington and he is a Lexington resident Is it the Board' s intent that a vehicle be registered in Lexington or only garaged? Dump The Chairman didn't know how this would be written in the regu- Permit lation but anyone using a pickup to carry his own rubbish to the dump should be entitled to a $5 00 permit; how it would be written to be policed, he didn't know Mr Burke would like to issue permits and run a check on indivi- duals and, if they are bringing something other than their own personal rubbish, the permit should be revoked The Board did not agree with this approach The Chairman recommended that the regulation be rewritten to deal with this problem and to enforce it He asked Mr Burke to come back with recommended language to change the regulation Mr Burke is to come back to the Board with the proper language, including that the refuse originates in Lexington Mr McSweeney discussed the Cotton-Ashley site and showed a map of the area He requested the Board to accept the concept that the Cotton- line dividing the Ashley property be such that it will leave a 100' Ashley opening adjacent to what is proposed for the future Worthen Road; Property and taking about 8 acres adjacent to the Cotton and Holt properties, with the remainder of the Ashley property having enough land for a proposed subdivision Upon motion duly made and seconded, it was voted to accept the concept of the Cotton-Ashley site, as presented by the Town Engineer Mr Oscar Carlson met with the Board The Chairman informed the Board that Mr Carlson is here in re- gard to Article 100, the lot of land on Rockville Avenue We have Article 100 been requested to sell this lot and, when we asked the Planning Rockville Board for a recommendation, they agreed that it be sold as an addi- Ave Lot tion to the adjacent cent lot. Mr Carlson cameas� n to see mehe is con- cerned with our position, he feels that because the taking was made from him, he should be given the opportunity to buy it I explained the condition that it be sold as an addition to the other lot, and he asked to come before the Board tonight. 3 / Mr. Carlson said that the lot on Rockville Avenue was taken in the Spring of 1963; the Town offered $ 1500 and I refused it because the market value was $4,000, and the land was to be taken for a fu- ture school , street or playground My attorney and I petitioned for a hearing in 1963 In 1966, the Town offered $2500, which was still under the market value and rather than go to court, I accepted it, as I live in Town and if the Town needed the land for a school or a road, I settled for $2500 I developed the land and hot-topped the road and put in water and a hydrant, at no expense to the Town and there were no improvements for the land from the Town If the Town wants to sell it, it should revert to me for $2500, plus, I will pay the compounded interest from 1966 I think this is only fair and my attorney told me to present it to the Board I don't know enough about parliamentary procedure to bring it up on the Town Meeting floor, but the land should revert to me. The Chairman said that he had explained to Mr Carlson that we didn't hold it back for three years, it was the Court. We are not selling it as an individual building lot but there is a condition to annex it to make one lot Mr. Greeley asked if it was a legal building lot but at the present time does not conform? Mr. Carlson said that it is not a tax title lot; it is a 66 foot lot and is sewered now, talking about housing, he has built 150 houses on 50' x 60' lots The Chairman said that it was a legal building lot when we took it and annexed it to one lot of 15 acres, there is one parcel left; does this put it in another category? If this lot were sold, could you get a building permit? Mr. Carlson said that he could unless the Town had any encum- brances, this 60' x 120' lot should revert back Mr. Greeley said that if it were attached to another adjoining lot, he didn't think the owner could use it for two lots and it would no longer be a legal building lot Mr. Carlson said that the adjoining lot was not taken by eminent domain, it was supposed to be; the adjoining lot is 60' and a legal building lot It was offered to me and I refused to take it, that was one of the lots to be taken which was never taken; now the Town doesn't need it, as Philip Road was cut through and there was one lot left; I would like to buy it back. I think the Town could sell it to anyone they please Mr. Kenney asked if it was established as a legal lot because of zoning? Mr. O'Connell replied in the affirmative. He said there was a stipulation when we transferred the title and he didn't think the status would change if Mr Carlson could buy it Mr. Mabee suggested that Mr Carlson get a legal opinion on this, we will do the same, and there will be a meeting of the minds. The Chairman said that Mr Carlson feels the Town has a moral obligation; if the opinion comes back that it is no longer a legal building lot, and we write to you that no building permit can be issued on this, what is your feeling then? A- 4 Mr Carlson said that it would no longer be of any use to him. Mr. Greeley asked if he had intended to build in 19632 Mr. Carlson replied, yes; he had built all the other houses and had put in all of the utilities; he felt that the lot should revert to him It was agreed that Mr. Carlson is to consult his Attorney for a legal opinion and the Board is to consult Town Counsel and meet with Mr. Carlson at a future date on the matter of whether the lot on Rockville Avenue is a legal building lot Mr Carlson retired from the meeting The Conservation Commission met with the Board The Chairman said that the Commission had written to the Board on February 4, 1970 regarding the cleaning of Munroe Brook and also asked for a meeting with us. Mr Smith said that this letter was sent because we would like to be kept informed when Public Works goes into the area surrounding the Great Meadow, so that we could inform the people involved in the study Camp, Dresser and McKee were doing the survey that we en- gaged them to do, and had set up meters to test the flow of water Munroe Any major changes in the area would affect their readings Brook The Chairman said that we received a letter from you dated Octo- ber 31 , 1969, saying that the study would be made and asking to be informed of any future plans for the areas surrounding the Great Meadow We wrote back to you, immediately, and asked what areas you were interested in and I , personally, came down to a Committee meet- ing to ask what areas you had designated There was no definite answer either way Munroe Brook doesn't flow into Great Meadows. If Camp, Dresser and McKee came in to set up equipment, someone should have come and said they were going in When Mr Burke came in, he didn't know the equipment was in there We made every effort to cooperate and heard nothing from you Mrs. Frick said that we assumed that you and Public Works knew where Munroe Brook starts and it does not go through the Great Meadow but affects it, and this is the whole concept of the study She didn't understand the puzzlement of the Board The Chairman said that we asked you what areas you wanted us to stay out of , you should have told the Superintendent of Public Works and he would have gone around you You know we go in to clean brooks and we have made the attempt to get the study underway and to give , you the help you needed; we had no answers, so Mr Burke went in. Mr Smith said that dredging has an effect on the whole study Mr Greeley said that the Commission is now in a position to work with the Superintendent of Public Works, what is the next step? Mr Totman said that they had notified the contractor Mrs Frick thought that the contractor had called the Public Works and, as far as we are concerned, we are willing to work with you in any area you want to go into The Chairman said that the Commission should let us know when they want to go into an area. 1 Mr. Smith said that having notified the contractor, that is all that needs to be done The Chairman said that he was surprised that Camp, Dresser and McKee hadn't notified the Department of Public Works. It was agreed that Mr Totman is to talk with Camp, Dresser and McKee and Mr O'Connell , Town Manager The Chairman asked about the list of priorities Mr. Smith said that Drummer Boy, Article 93, is Number I ; this is the one with the greatest potential damage to the Town with flood- ing. The Chairman asked if there was anything different other than was submitted to us? Mr. Smith said that they have an appraiser and we felt that with the number of parcels involved, it was inadvisable to have opinions of value, not knowing if the Town would buy them, we have gone ahead to have opinions of value on the major ones and to move indefinite postponement on the others Our thinking was that there was a lot of opposition at all of the hearings on eminent domain, with private property with buildings on it When we take a portion of somebody' s house lot, we will run into what we ran into on Grapevine. This year, we don't think it important enough to run into this opposition and have concentrated on bigger parcels, we have done it in that fashion. No. 2 priority Article 96, Heritage Hall on Bedford Street, Boy this is tied into the same water shed area Drummer No 3 priority Article 94, $ 1 ,000 figure or outright purchase of two acres. No 4 priority Article 77, which is the 3 8 acre Busa piece, this is being appraised and we, undoubtedly, will have an agreement before Town Meeting No. 5 priority Article 79, the Hamilton property on Juniper Hill ; not the whole area, the wet area No 6 priority Article 97, the Green and White piece, west of Maple Street . The Chairman asked if they were getting an opinion of value for easements or on the cost to buy it? Mr. Smith said that they had asked for it on an easement basis. The Chairman said that it would make sense to get both Mr Greeley said that it would be about the same price to pur- chase. Mr. Kenney said that in order to argue easements, you must have both He asked if Conservation was operating on the assumption that easements were cheaper J Mr Smith said that they are bound to be This is the list or priorities and the rest will be postponed. The Chairman requested that the Commission get the descrip- tions to Mr Legro and the numbers on Article 96, 94, 77, 79 and 97 We will assume that Articles 95, 78, 80 and 81 are going to be postponed If we get the descriptions right away, it will be much easier to draw the motions and we can leave the numbers blank Mr Smith said there may be another one on Article 78, land East of Maple Street; this would be priority No 7 The Chairman said, in other words, there is no money attached to that, just that we would accept it; this would have to come up after the Citizens' Articles Mr Smith said that the information on the motions would be given to Mr O'Connell Mr O'Connell brought up the question on the Valleyfield op- tion The Chairman said that as he understood it, this was for twenty-five acres and, when surveyed, it was twenty-eight acres. The motion that carried was based on twenty-five acres and we have a deficiency of funds, but if we use part of Conservation funds, we can sign the option and consummate the purchase Is this the feeling of the Conservation Commission? Mr. Smith replied in the affirmative Mr O'Connell said that we are about $4,000 short and this is in the Conservation fund Mr Smith said that they expect to ask for the fund to be in- creased to $ 10,000 next year and hoped the Board would support them. The Conservation Commission retired Upon motion duly made and seconded, it was voted to approve Bond bonds for Deputy Collectors Paul E and Frederic J. Kelley, in the amount of $2500 each, to December 31 , 1970 Upon motion duly made and seconded, it was voted to certify Cert of the character of Miriam Landau, 65 Turning Mill Road, who has incorp applied for a Certificate of Incorporation "Voice of Women - New England, Inc " The Chairman said that we have written to the Planning Board and asked for a recommendation on applying for the Workable Program Workable Re-certification and have received a reply stating that no housing Program program under consideration would be jeopardized by the failure to have the Workable Program re-certified Mr Greeley recommended that the Town apply for re-certifica- tion The Chairman said that the necessary papers will be ready for signature on next Monday evening The Chairmanreada Commissioners letter from the Board of Fire Commissi Hers requesting permission to advertise for bids on the old rescue truck Rescue Upon motion duly made and seconded, it was voted to grant per- Truck mission to the Fire Department to advertise for bids on the old Bid rescue truck The Town Manager was requested to talk with the Fire Chief and put it out to bid. Upon motion duly made and seconded, it was voted to grant the re- Pole quest of the Boston Edison Co and New England Telephone Co. to locate Location three poles on Sheila Road, northwest of Lillian Road The Chairman read a letter from Marjorie Burke requesting im- provement in safety measures for ice skaters at Kineen' s playground. Skating at The Board agreed to instruct the Town Manager to meet with the Kineen' s Recreation Committee and come back to the Board with a recommendation to resolve this situation Upon motion duly made and seconded, it was voted to approve the Minutes of the Selectmen' s Meeting held on February 16, 1970. Minutes The Chairman read the list of streets to be presented to Town Meeting for acceptance; the Board agreed, with the exception of Forbes Road Upon motion duly made and seconded, it was voted to approve the layout of the following streets Angier Road - Burlington Street to Emerson Road Augustus Road from Reed Street to Vaille Avenue Blinn Road from Hickory Street to end Bloomfield Street section in the subdivision Carol Lane from Bedford Street to end Diamond Road-Grove Street to Emerson Road Emerson Road from near Diamond Road to 337+ feet beyond Angier Road Hickory Street from Garfield Street to Kimball Road Mason Street from Pleasant Street to accepted portion Street Oak Park Circle from Saddle Club Road to end Layouts Paddock Lane from Follen Road to end Saddle Club Road from Grant Street to accepted portion Shaw Place from Augustus Road to end Vaille Avenue from limit of acceptance westerly to end White Pine Lane from Mason Street to end White Terrace from Diamond Road to end Bloomfield Street from end of subdivision to Highland Avenue Downing Road from Marrett Road to Outlook Drive Minola Road from accepted portion to Bloomfield Street Massachusetts Avenue-Building line on the southerly side of Massa- chusetts Avenue from the easterly boundary line of the pre- " mises now numbered 1620 Massachusetts Avenue to the westerly boundary line of the premises now numbered 1654- 1656 Massa- chusetts Avenue Wallis Court-Building line on both sides of the entire length. The Chairman informed the Board that a request has been received ORT from the Battle Green Chapter of ORT for approval by the Board of the issuance of a proclamation declaring March 18, 1970 as ORT Day in Lexington A copy of the proclamation will be sent to each member of the Board and we will discuss it at the next meeting. Attorney Richard Lovell and Paul Boyd, Executive Vice President of Niles Realty Company met with the Board Attorney Lovell said that the purpose of the meeting was to dis- cuss Article 101 , which is a proposal to rezone land now owned by Mr. Haroian They plan a joint venture with Mr Haroian to build gar- den apartments on eight acres of land on Concord Avenue near Waltham Street. We want your Board to be aware of this and would request that you make some determination to bring the sewer to the parcel He showed a plan of the proposed apartments and said that they have been designed by Royal Barry Wills and the idea was to make it look like a single house residential area The Chairman asked if they would be of all-brick construction? Mr Boyd replied that it would not; there will be a variety of brick, clapboard and shingle houses, to break it up in order to lose the common appearance; there is a firewall between each unit The Chairman asked how much it would cost to build? Mr Boyd replied, $2 M Niles The Chairman asked Mr McSweeney how this development could be Realty serviced? Haroian Mr. McSweeney said that the sewer would come down Concord Avenue where the brook crosses. The Chairman asked if he could estimate what this would cost? Mr McSweeney replied in the negative Mr. Lovell said that it would involve extending the lateral The Chairman asked if it is rezoned, what is the schedule for construction? Mr. Boyd said that they hoped to get started by fall , maybe sooner The Chairman said that if it is rezoned and we had your request next year for the lateral , will that be soon enough? Mr. Boyd said that we would have to wait as we doubt that we could get the proper financing to start construction prior to the sewer coming in The Chairman said that if we ask Town Meeting for an appropria- tion of funds, there' s no guarantee of you not starting the project Attorney Lovell said that they would like to know the status of that trunk line and how it stands at the moment The Chairman said that the status is, it is under design and could be let out for bid between May and June. J b Attorney Lovell asked if that could be installed this summer, is there any chance of going to a special Town Meeting for action on the lateral? The Chairman said that there will be a special meeting this year, but he could assure them that we could get no support for more sewer money this year He asked the Board' s feeling? Mr Kenney said that we operate within the capital budget and we would hesitate to ask; how much money are you talking? Mr McSweeney replied, about $70,000 The Chairman said that if it were a small amount, there is no question but that we would ask for it but the sewer budget this year is $650,000, with sewer requests at $ 1 ,400,000 from people with prob- lems. Mr Greeley said that the request couldn't go in at the special meeting and we couldn't ask for $70,000 from the tax levy because the money is not there The Chairman said that the Town Manager will have the numbers for us; he asked Mr McSweeney to get a rough estimate ready by to- morrow Mr. Greeley asked if the entering streets would be private streets? Attorney Lovell replied that they would be entirely maintained by them. We have been assured of gas service either by Mystic Valley or Boston Gas; the water is there Mr McSweeney asked if they would maintain all of these facili- ties out of Concord Avenue, water and sewer? Attorney Lovell replied, yes, we will pick it all up at the street line The Chairman said that in other words, the only services we have to provide are police and fire Attorney Lovell said that we would like to be able to say at Town Meeting that we have presented this to the Board and if we could say that while, of course, this could depend on future action of the Town, we have the encouragement of the Board of Selectmen and, depending on the action to rezone taken by the Town, the Board will take steps to recommend the extension of the sewer The Chairman asked if they would make a presentation at the informational meeting? Mr Boyd said they would, provided they are invited; we haven't been notified yet The Chairman said that their next presentation, then, will be at Town Meeting Mr. Boyd said it would be, unless they are invited to the in- formational meeting. Attorney Lovell said that if this were presented to the next annual meeting in March, 1971 , Mr Boyd had said that would hold up construction but if no effective action can be taken before that, I would say our timing would have to be adjusted Mr Greeley didn't see how the Board could recommend construc- tion of the sewer at a meeting prior to next March; if there is a l zoning change, we would feel obligated to give the lateral high pri- ority next year The Chairman agreed He said that Mr McSweeney will come back with the recommended layout of how the lateral is to be constructed to service this area We will discuss it among ourselves and, if the zoning change is passed, we would recommend this to the Town. He asked Attorney Lovell to let the Board know when their next pre- sentation is going to be Attorney Lovell agreed and he and Mr Boyd retired from the meeting Mr Legro came into the Meeting The Chairman informed Mr Legro that the Board has voted to lay out all of the streets, with the exception of Forbes Road Forbes Mr Legro said that on Forbes Road, it is a matter of laying Road out over State property and we have no right to do it I will have a report for the Board on next Monday evening The Chairman asked Mr Legro to look over an agreement with the MDC MDC to transfer 15 feet of a 27 inch sewer and manhole owned by the Town, and advise the Board on signing it Mr Legro requested the Board to sign a release in the amount of $589 14 on the Town' s claim against Michael G Sinkevich for Release hitting a hydrant on October 14, 1969 Upon motion duly made and seconded, it was voted to sign the release in the amount of $589 14 on the Town' s claim against Michael G Sinkevich for hitting a hydrant on October 14, 1969. Upon motion duly made and seconded, it was voted to adjourn at 9 22 P.M. A true record, Attest -t- k.,/1")\ h;�s��x �/ a 1f° Executive Clerk, Selectmen 11. SELECTMEN'S MEETING March 9, 1970 A regular meeting of the Board of Selectmen was held in the Se- lectmen' s Office, Town Office Building, on Monday evening, March 9, 1970 at 7 30 P.M Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel , Mr O'Connell , Town Manager; Mr Gray, Executive Assistant, Mr Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer and Mrs. McCurdy, Executive Clerk were also present The meeting was called to order by the Clerk, who declared that nominations were in order for the election of the Chairman of the Board Organization Mr. Robert Cataldo was nominated and the nomination seconded There were no other nominations Upon motion duly made and seconded, nominations were closed Upon motion duly made and seconded, the Clerk cast one ballot and Mr Robert Cataldo was unanimously elected Chairman of the Board for the ensuing year. At the request of the Town Clerk, five jurors were drawn, as follows Gustave T Peterson 54 Cliffe Avenue Jurors Edward R Ingham 62 Fern Street Elinus B. Hadley 31 Robbins Road Rodney A. Brooks 62 Dexter Road Irwin L Alberts 21 Burroughs Road Mr Legro requested the Board to sign the indenture between the Town and the Commonwealth for the purpose of incorporating as part of the Metropolitan Sewerage System a transfer to the Commission, for no consideration paid, fifteen feet of a twenty-seven inch sewer and manhole owned by the Town and located within an MDC sewer ease- ment taking, dated July 13, 1933. MDC Upon motion duly made and seconded, it was voted to sign the indenture between the Town and Commonwealth for a transfer to the Metropolitan Sewerage System, for no consideration paid, of fifteen feet of a twenty-seven inch sewer and manhole owned by the Town and located within an MDC sewer easement taking, dated July 13, 1933 Mr Legro informed the Board that he had received a call from Mr Murphy, representing the Valleyfield Trust Company, because he Hayden felt that the trunk sewer was in the wrong location and didn't Avenue agree with the Town Trunk Mr. McSweeney is to talk with Mr Murphy regarding the location Sewer of the sewer Mr Legro informed the Board that he had received the corrected extension of time on the Crawford option and the Board will act on this on next Monday evening The Chairman asked if he had heard from Bolt, Berenek and Newman? Mr Legro is to talk with Attorney Rutherford. It was agreed to contact all involved persons on the Hayden Avenue sewer Mr O'Connell reported to the Board that he had received a letter from Blue Cross-Blue Shield in which they submit the bid for the renewal of their rates In essence, the Town' s experience has been good and the benefit ratio is 86% for Blue Cross, 81% for Blue Shield, 70% for Extended Benefits, this will yield the Town the sum of $5,000 or $6,000 The purpose of the letter is to quote Blue the new rate, as there is a substantial increase in costs because Cross of inflation, the net result is to quote the Town the following figures, as of April I , 1970, $8 72 is to be maintained for the individaul rate, on family coverage, it is presently $26.32 and will increase to $27 92, optional medicare rate also changed, at the present time, it is $7 44 and will increase to $9 60 However, this rather large increase is not the total picture as Blue Cross advises that they made a mistake in that, previously, the increase * is not the total picture as Blue Cross advises that they made a mistake in that, previously, the increase*should have been to $9 12 instead of $7.44 and they will absorb this; as of April I , 1970, the figure for optional medicare is $9 60 It was agreed that the Treasurer is to take care of the new Blue Cross-Blue Shield increased rates Mr O'Connell informed the Board that he had written a memo regarding the current situation on the old "res" and would like to get authorization to proceed This represents an agreement with the Recreation Committee and it is our intent to set up the "res" to get a good one-season test of this body of water for swimming and we would attempt to get good water conditions and still spend Old the amount of capital expenditures To make this a satisfactory "res" arrangement, we have devised a plan under the guidance of Mr Cortell and have Recreation operate for one season and then judge what the Town should do beyond that, the cost for a one-season trial would not exceed $ 14,000, probably less than that We need $3500 worth of fencing , and fencing may be less for a one-season trial . This would make it possible to do this on the available balance of $ 15,000 of the $30,000 appropriated In considering the matter, the Board should be aware of our judgment that it wi-bl not do what was apparently intended For a permanent bathhouse and other equipment that was originally intended, there will be a probable requirement of $30,000 to $50,000 over and above this for an improved recreational area; that should be kept in mind with anything done this season equipment-wise The flow circulators * Should be deleted, repetitious 1 3 ✓ are in and we have bern promised delivery of control panels this week We have confirmed that a sanitary facility requirement can be met by a rented trailer unit, on a monthly basis at $550 per month We would like to get an early decision so that Mr Burke can get underway on the water line and Edison can get the power line in The report does not mention the forecast of additional capital requirements. It was agreed that the Board is to receive copies of Mr O'Connell ' s report and act on it on next Monday evening The Chairman informed the Board that a memo has been received from the Planning Board regarding a report on Article 107-Wetland Conservancy District, which is to be approved by the Planning Board on March 9 The Planning Board is opposed to the adoption of Article 107 and recommends that it be defeated. Mr McSweeney has been asked to make recommendations to our Board as to what our position should be and he has submitted his recommendations for agreeing with the Planning Board' s position and stating that it is the opinion of the Wetland Engineering Department that a more satisfactory solution could be ob- Conser- tained by initiating a major program of water course improvements to vancy alleviate the existing flooding problems and by establishing a mini- mum sill and cellar floor elevation as part of our Subdivision Rules and Regulations and/or our Zoning By-Laws as a mans of approaching this in the future. The Board agreed with Mr McSweeney' s recommendations and the Planning Board was informed of them and requested to incorporate the position of the Board in their report for Town Meeting. Members of the Mystic Valley Association for the Retarded, Inc met with the Board and requested that the Board sign a Proclamation declaring the Month of March 1970 as Membership Month in Lexington The Chairman explained the policy of the Board regarding the proclamations, in that the Board would agree to discuss the request Proclama- for them before signing and then let the organization know the de- tion cision Because of the circumstances, as explained by Richard Binell, President of the Association, the Board agreed to approve the issu- ance of the proclamation Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the proclamation declaring the Month of March, 1970 Membership Month in Lexington Upon motion duly made and seconded, it was voted to appoint the list of Special Police Officers for a term expiring March 31 , 1971 , as recommended by Chief Corr: Special ACHESON, Eugene A. 2634 Massachusetts Avenue Resident Police ADAMS, Adam A. 23 Charles Street Resident ADAMS, Alan G 15 Somerset Road Resident ADAMS, Bertr m:H Jr 127 Wyoming Avenue, Malden M I T Lincoln Lab ANDERSON, Carl 41 Ledge lawn Avenue Civil Defense " 14 BAILEY, Fred C 48 Coolidge Avenue Selectmen III BAKER, Ramon C 14 Stratham Road Resident BALLOU, Sidney R. 38 Highland Avenue Resident BARNES, John E 15 Eagle Dr Salem, N.H M.I `T Lincoln Lab BARNES, Raymond B 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 b74 Wood Street Dog Officer BENTLEY, Thomas F 264 South Road, Bedford Custodian BEVINGTON, Alfred 130 Marrett Road Firefighter BLUTEAU, Joseph 2IA 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 12 Bowker 'Street Firefighter BERNIER, Arthur T 54 Baskin Road Resident BROWN, Otis, Jr 3 Bond Road Resident CASEY, William P 1063 Massachusetts Avenue School Department CATALDO, James 43 Rindge Avenue Firefighter CATALDO, Robert 14 Aerial Street Selectman COLE, Lincoln P. Jr. 16 Hill Street State Representative DELFINO, Nicholas J I Forest St , Stoneham School Department DOHERTY, Stephen 74 Adams Street Police Cadet DOOLEY, Henry W. 77 Baker Avenue Resident DOUGHTY, George Jr. 75 Paul Revere Road School Department DRISCOLL, Robert V. 30 No Broadway, Haverhill M I .T Lincoln Lab EMERY, Alan 441 Lowell Street Firefighter ERNST, Karl 37 Eldred Street Resident EWERS, Joseph E 12 Old Coach Road, Weston M. I T Lincoln Lab FINNEY, Cherie A 36 Albemarle Avenue Resident FLAHERTY, John W , Jr. 4 Spencer Street Firefighter FREEMAN, George 13 Grant Street, Concord Police Employee FULLERTON, Dennis 2400 Massachusetts Avenue Firefighter GALLAGHER, Edward T 8 Spring Lane, Maynard M I T Lincoln Lab. GARBER, Kenneth S 6 Reed •Street Police Photographer GILMAN, Edward M. 56 Bloomfield Street Firefighter GOODFELLOW, Arthur L 12 Edge Street, Ipswich M I T Lincoln Lab GOULART, Edward G 6 Rindge Terr. Cambridge M I T Lincoln Lab GREELEY, Roland B 1359 Massachusetts Avenue Selectman HADLEY, Herbert R 6 Fern Street, Chelmsford M I T. Lincoln Lab. HRUBY, Albert W 36 Williams Road Resident HURD, Richard G. 12 Loring Avenue, Maynard M 1 T. Lincoln Lab I L 15 III 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 54 Ward Street Firefighter KENNEY, Allan F 10 Frost Road Selectman MARSHALL, Joseph 110 Woburn Street Firefighter MABEE, Irving H 5 Tavern Lane Selectman MAC DONALD, Charles 24 Bernard Street Civil Defense MAC LEAN, Ralph D. 9 Spring Street Resident MAZERALL, Paul 20 Wilson Road Park Superintendent MC CARRON, Francis 5 Hillside Terrace Firefighter MC DONNELL, Edward T 62 Elm Street, Bedford Cary Library MC SWEENEY, John 54 Emerald St , Quincy Town Engineer MERCER, Charles R 6 Park Street Resident MORAN, Thomas II Valley Road Police Cadet MULLER, Eugene T 24 Ewell Avenue Firefighter MULLER, Leonard E 19 Fairbanks Road • Firefighter NUTT, Alfred 45A Ridge Road School Department O'CONNELL, Walter C Lowell Road, Groton Town Manager ORMISTON, Wallace W 38 Charles Street School Department III PEKINS, George 28 Chase Avenue Firefighter PEZZULO, Michael 247 Marren Road School Department POTZKA, Joseph G 14 Banks Avenue School Department PRESCOTT, Robert 2 Forest Street Resident REDMOND, James J 9 Utica Street Firefighter ROONEY, Joseph 0. 222 Waltham Street Resident RYAN, Thomas 53 Vine Street School Department RYDER, Howard D. 2 Wilson Road M I .T Lincoln Lab. SAMUEL, Frank T , Jr 8 Burnham Road Resident SAUNDERS, Robert W 295 Marrett Road Resident SPELLMAN, Walter 267 Massachusetts Avenue Fire Chief SPIERS, William L., Jr 185 Lowell Street M I T Lincoln Lab STEVENS, Edward P 4 Chandler Street, Salem School Department STEVENS, Raymond Treble Cove Rd Billerica School Department STUCKE,�I Alden F 31 Hancock Street Resident SULLIVAN, Thomas 17 Curve Street School Department SWAN, Duncan F. 24 Bedford Street School Department TOTMAN,I Frank H., Jr 46 Moreland Avenue Resident WALTON, Robert E 5 Spencer Street Firefighter WENHAM, Thomas I Francis Road Asst Supt Public Works I WHITING, William 341 Lowell Street Firefighter WILSON, David L Jr I Burnham Road Civil Defense WRIGHT„ Glenn 67 Simonds Road Resident 1.6 Upon motion duly made and seconded, it was voted to approve the Bonds bond for the Tax Collector in the amount of $ 110,900 Upon motion duly made and seconded, it was voted to approve the bond for the Treasurer in the amount of $ 109,300 Upon motion duly made and seconded, it was voted to certify the character of the following, who have applied for a Certificate of Cert of Incorporation Incorp David S. Wiesen 23 Blueberry Lane "Faculty Club of Brandies Un i vers'i•ty, Inc " Rev. John P. Fitzpatrick 1977 Massachusetts Avenue "New England Communications Service for the Deaf, Inc " Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on February 23, 1970 Upon motion duly made and seconded, it was voted to authorize Proclamation the Chairman io sign the amended Proclamation submitted by ORT, de- claring March 18, 1970, to be ORT Day in Lexington Workable Upon motion duly made and seconded, it was voted to sign the Program application for Workable Program re-certification Upon motion duly made and seconded, it was voted to lay out and sign the Orders of Layout for the following streets Angier Road, from Burlington Street a distance of 799 feet, more or less, north easterly to Emerson Road, as described in the order presented to and signed at this meeting Street Layouts Augustus Road from Reed Street a distance of 1396 feet, more or less, southwesterly to Vailie Avenue, as described in the order pre- sented to and signed at this meeting. Blinn Road from Hickory Street a distance of 447 feet, more or less, southwesterly to end, as described in the order presented to and signed at this meeting Bloomfield Street from 100 feet, more or less, beyond Minola Road a distance of 438 feet, more or less, westerly to end, as de- scribed in the order presented to and signed at this meeting. Carol Lane from Bedford Street a distance of 700 feet, more or less, northeasterly to end, as described in the order presented to and signed at this meeting Diamond Road from Grove Street a distance of 1297 feet, more or less, northeasterly and northerly to Emerson Road, as described in the order presented and signed at this meeting 17 En'erson Road from near Diamond Road a distance of 1380 feet, more or less, easterly to a distance of 337 feet, more or less, be- yond Angier Road, as described in the order presented to and signed at this meeting Hickory Street from Garfield Street a distance of 1012 feet, more or less, southeasterly and easterly to Kimball Road, as described in the order presented to and signed at this meeting . Mason Street from Pleasant Street a distance of 1332 feet, more or less, easterly and southeasterly to previously accepted portion, as described in the order presented to and signed at this meeting Oak Park Circle from Saddle Club Road a distance of 505 feet, more or less, northerly to end, as described in the order presented to and signed at this meeting Paddock Lane from Follen Road a distance of 645 feet, more or less, southwesterly to end, as described in the order presented to and signed at this meeting. Saddle Club Road from Grant Street a distance of 1165 feet, more or less, northeasterly to the previously accepted portion, as de- scribed in the order presented to and signed at this meeting Shaw Place from Augustus Road a distance of 276 feet, more or less, northwesterly to end, as described in the order presented to and signed at this meeting Vaille Avenue from the previously accepted portion a distance of 112d feet, more or less, westerly to end, as described in the order presented to and signed at this meeting . White Pine Lane from Mason Street a distance of 763 feet, more or less, southwesterly to end, as described in the order presented to and signed at this meeting White Terrace from Diamond Road a distance of 425 feet, more or less, northwesterly to end, as described in the order presented to and signed at this meeting. Bloomfield Street from Highland Avenue a distance of 350 feet, more or less, westerly to beyond Minola Road, as described in the order plresented to and signed at this meeting ['Owning Road from Marrett Road a distance of 1050 feet, more or less, northwesterly to Outlook Drive, as described in the order pre- sented Ito re- sentedIto and signed at this meeting Minola Road from Bloomfield Street a distance of 105 feet, more or less, northerly to the previously accepted portion, as described in the order presented to and signed at this meeting J is Massachusetts Avenue Building Line from the easterly boundary line of the premises now numbered 1620 Massachusetts Avenue to the westerly boundary line of the premises now numbered 1654- 1656 Massachusetts Avenue, said building line being parallel to and distant 15 feet southerly from the southerly side line of the 1916 County Layout of Massachusetts Avenue, as described in the order presented to and signed at this meeting Wallis Court Building Lines on the entire length of the east- erly side of the 1956 Town Layout of Wallis Court, said building line being parallel to and distant 7 5 feet easterly from the easterly side line of said Wallis Court, and a building line on the entire length of the westerly side of said Wallis Court, said building line being parallel to and distant 7 5 feet westerly from the westerly side line of said Wallis Court, as described in the order presented to and signed at this meeting The Housing Authority met with the Board Mr Scanlon thanked the Public Works and Engineering Depart- ments for tests made at Vine Brook, plus the formal report they had submitted Mr McSweeney said that they had been unable to get up in the area requested by the Planning Board, due to the growth The soil Vine Brook conditions appear to be similar to those recorded during the con- struction of the Vine Brook drain and sewer by Metcalf & Eddy in 1938 The test pits indicate that from 0' to I' is a topsoil con- dition, the next strata from I ' to 3' or 4' is stiff grey silty clay with traces of fine to course sand From 6' to 8' or 9' the conditions appear to be similar with a stiff hard clay mixed with stone and sand The central portion of the lot appears to be low and surface runoff collects in this area by means of an artifi- cial dam created by the construction of the Vine Brook sewer Test pits I and 2 were filled with water and made sampling very difficult The other test pits appear to be generally dry, indi- cating that the wet condition exists because of previously men- tioned surface runoff Preliminary investigation indicates that the land warrants a more detailed study to further investigate the feasibility of this property The Chairman asked Mr McSweeney if he felt there would be any problem with construction? Mr. McSweeney replied, no, he felt it would be very suitable but it warrants further investigation; it was certainly buildable The Chairman asked if he had talked with the Planning Board and Mr Scanlon2 Mr McSweeney had not, they were to have a report The Chairman said that he meant as far as their approach on the whole area Mr McSweeney had not talked with them The Chairman asked who had evaluated the samples for the Plan- ning Board 19v Mrj. McSweeney answered that Ivan Szillassy, a Consulting Engineer, had done them and in his report on soil conditions, he had said it is buildable Mr Greeley asked Mr Scanlon if he knew where they stand as far as the Planning Board' s attitude to the whole or part of the land Mr Scanlon said that at the last meeting on last Monday night, they felt it would be more expeditious to turn the entire piece over to Housing and the piece that would not be needed could be returned to the Frown They did not take a vote but said they would discuss it later j We have not had a report of a vote or a final decision The Chairman asked if they were to meet with the Planning Board again? Mr! Scanlon said that we are tomeet with them as soon as we get a final report on the soil and it would be prior to Town Meeting There are details which should be ironed out with Town Counsel on con- veyance of the property The Chairman said that there are two issues, we will settle one at a time. He asked the feeling of the Board about supporting the conveyance of the whole parcel and return what they don't need. Mr Legro asked if anybody has considered that to give all or any part to the Housing Authority by the Board, there might be trouble to get the Housing Authority to give it back? The Board discussed this question and the Chairman asked Mr. Scanlon to check it out with the State Housing Authority Mr Legro said that they are going to incur expenses before they determine what they need The Chairman said that we don't want to restrict them to five acres end convey that, and find it would be better operation with seven ecres My feeling is that this should be put to housing and recreational use for the elderly and leave the rest in a natural state , Mr. Greeley asked if it were possible to find out whether a vote of Towrj Meeting to convey any or all would be acceptable to the State. Mr. Scanlon said that we have to have specific boundaries to put all or any of it we still have to come to the point of a specific boundary, we have buildings and the area needed by the zoning laws. Mr Mabee said that it sounds to him that you couldn't give the land beck because of the boundaries Mit McSweeney said that on most project sites the boundaries are described and recorded Drainage was discussed and Mr Scanlon said that there is a con- tour problem The Chairman said that if they are given a drainage easement, you car) work in there, but until you find out what acreage you need, we are lnot in a position to grant this to you; get a master plan drawn Mr Scanlon asked about rezoning? The Chairman said that we can rezone the whole parcel and at a later Town Meeting, take it out of that zone. I 0 Mr. Hruby asked what the problem would be in conveying it back to the Town? The Chairman said that we are going to ask you if you can con- vey it back Mr. Hruby asked if Town Meeting would accept the proposal of any or all and then it would be at the Board' s discretion In this case,, he didn't see that it would be any problem with the State; the boundaries are there and we would only take the portion to build on. The Board agreed that the Housing Authority is to get a letter from the State saying it will accept the fact that the Town has given the Selectmen the authority to turn over all or part of this property to the Housing Authority as a basis for advancing funds to the Housing Authority to make a study of this land The Housing Authority is to get the letter to that effect from the State Housing The Housing Authority retired from the meeting Mr O'Connell informed the Board that he had received a visit today from Mrs Robinson, a representative of Opportunity Industriali- zation Center, whose headquarters are in Boston,. They are conducting OIC a fund drive throughout the metropolitan area and are in the process of renting a vacant store next to Grimes' Travel Agency as a temporary headquarters for fund drive work in Lexington Mrs Robinson wanted the Selectmen to be aware of their work and raised the question of whether a permit was needed for their fund drive activities. Mrs Robinson was advised that there was no formal requirement for a permit and it was agreed they would use discretion in the use of the signs The Chairman said that it would be wise to notify the Police Department Mr. O'Connell agreed 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 land acquisition, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 902 P M A true record, Attest Executive Clerk, Selectmen Y J 21 t I SELECTMEN'S MEETING March 16, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, March 16, 1970 at 7 00 P.M. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were preeent Mr. Legro, Town Counsel , Mr O'Connell , Town Manager; Mr Gray,, Executive Assistant; Mr Burke, Superintendent of Public Works; Md McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were alsd present. Mr O'Connell informed the Board that there is a correction in the estimated cost of the old "res," the revised figure is for fencing as we have reduced the fencing cost for one season and the figure for one season is $ 11 ,600 He asked for the position of the Selectmen and if they concur on a one-season project, the Public Works Department could proceed in laying the water line ThelChairman asked if the new approach for fencing would affect Old "res" the security? Mr ''O'Connell said that this was simply square wire fencing on three sides, fairly modest in cost, and would be put in by the Public Works Department within the snow fence stakes I Upon motion duly made and seconded, it was voted to approve the revised plan for the old "res" as submitted by the Town Engineer, Department of Public Works and the Recreation Committee, and author- ization was given to proceed on a one-season basis Mr O'Connell informed the Board that he had been successful in finding a place to keep the dogs picked up by the Dog Officer, he has talked with Mr Woods of 44 Winter Street who owns a number of dog kennels in poor, but repairable condition. If the Public Works De- Dog Kennel partment is allowed to do a. modest amount of fixing the kennels Mr Woodt would rent ten kennels to us for $60 a month, with a tax escalation provision, if his tax bill goes up, he would want to in- crease the rent The Chairman asked where we would get the money to pay Mr Woods Mr ',O'Connell said that we have $ 1200 in the Dog Officer' s ex- pense budget Mr Gray said that we had $60 a month in the budget to pay Dr. Smith. Mr O'Connell said that later on in the year, if the place is satisfac ory, he would like to come to the Board on a policy for boarding costs to be assessed against the dog owners and we could re- cover th operating cost. He will bring a recommendation to the Board The Board agreed that Mr O'Connell is to contact Mr. Woods for III the use Of ten kennels. 22 Mr O'Connell mentioned his bond as Town Manager and asked if the proper level should be $25,000 or $50,000; he recommended $50,000 The Chairman said that the Board could approve the amount when the bond is drawn Mr O'Connell informed the Board that he had received a re- quest from Mrs Wittenborg for the temporary use of an office for Census interviewing during the time of taking the census He had told Workers her that the conference room in Cary Hall could be made available, he requested approval of the Board Upon motion duly made and seconded, it was voted to allow the local workers on the national census to use the conference room in Cary Hall on a temporary basis Mr Legro reported to the Board that he had nothing further on Hayden Avenue Mr. Legro said that as a final checkup, he had called the attor- neys of the parties concerned and had received no calls back, he had talked with Mr. Fish and he referred me to his attorney, who wants an agreement It looks as though we will have to ask for an exten- sion of the options. The Chairman said that we did assure him, what more can we do? Hayden Mr Legro replied, nothing, except the assurance that it can Avenue be built If he wants something more than that, he will have to give us additional time to make some progress towards construction The Chairman said that we have until March 20th He asked for the Board' s feeling on an extension? Mr Legro felt that the Boaret position is either extensions are granted or they have to drop it at this point The Board agreed to an extension. Mr Legro will take care of the extension and will report back to the Board on Wednesday. Mr. Greeley said that if the extension is not granted, do we take the land? Mr Legro presumed we could take it We have the autborwty to acquire by purchase or take by eminent domain Mr Legro will report back to the Board The Chairman read a letter from the Planning Board suggesting the appointment of Mrs Lois Brown as representative of Lexington to the MAPC Metropolitan Area Planning Council Upon motion duly made and seconded, it was voted to appoint Mrs. Lois Brown as representative of Lexington to the Metropolitan Area Planning Council , to succeed Mrs Riffin Upon motion duly made and seconded, it was voted to grant per- Permit mission to the Church of Our Redeemer for a rag and paper collection on Sunday afternoon, April 12, 1970 1 23 Upon motion duly made and seconded, it was voted to grant permis- sion td Rev Richard P Olson of the First Baptist Church to hold an Easter Easter Sunrise service on March 29, 1970 from 6 00 A M to 6 30 A M Service Upon motion duly made and seconded, it was voted to appoint Parade Fred C. Bailey as judge of floats in the parade on April 20, 1970 Judge Upon motiion duly made and seconded, it was voted to appoint Visiting Roland B Greeley as representative of the Board of Selectmen on the Nurse Asso Board of Directors of the Visiting Nurse Association The Chairman read a letter from John C Collins of the State De- partment of Public Health, informing us of the approval of the Sup- plementary Report for Alterations to Brook Street Pumping Station and Brook St Relief Sewer to M D C Pumping The Chairman said that this is approval of the application for Station federal aid on our sewer project and they have set aside some money for us Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s meeting held on March 9, 1970 Upon motion duly made and seconded, it was voted to sign the abatements for the following water bills, because of wrong readings: Thomas Kennedy $ 165.20 Felix Pards $21 70 Abatements James E Cosgrove 73 85 James B Sullivan 16 76 David C Knodel 3 00 Upon motion duly made and seconded, it was voted to certify the character of Gerald S Lesser, 12 Tower Road, who has applied for Cert. of Certificate of Incorporation "Foundat"ron for Research and Training Incorp in Human Development, Inc " Upon motion duly made and seconded, it was voted to approve bond Bond No 92-06-37 for the Town Clerk, in the amount of $2, 100 The Chairman said that a letter has been received from the Recre- Recreation ation Committee regarding user fees for the lighted tennis courts. A User Fees copy of the letter will be sent to each member and we will discuss the fees at the next meeting. The Chairman mentioned that at the informational meeting, TMMA discussed mosquito control Article 26 and wanted more information on Mosquito the types of poisons used Mr Gray has been requested to have a Control representative from mosquito control at the Town Meeting on Wednesday evening Article 100, Rockville Avenue lot, was discussed The Chairman said that Mr Legro has informed the Board that the 4 24 lot is a buildable lot and cannot see it being changed by reasons of taking by the Town He had talked with Mr Busa and had asked him to get in touch with Mr Carlson and hasn't heard back from him There has to be a minimum price on the lot and with that being set, he would ask Mr Busa for his minimum figure. Mr. Greeley said that the Planning Board recommended selling only if attached to a lot. Rockville The Chairman said that we can put the condition on it as a Ave Lot buildable lot; all that Mr Carlson' s counsel wants to pay is what we paid him, plus the interest, and it would run about $3,000 Mr Kenney asked if they should follow the ordinary way and proceed by selling only under the conditions that it be attached to a lot, for $4,000 or $5,000? This is an unusual case where you have the Town taking it and the former owner feels we have some sort of moral obligation to consider him. We could give it to Carlson for $5,000 or $6,000 The Chairman said that as soon as a minimum price is set, we can call Mr Busa and ask if he is still interested at this price and if he says no, do you want to sell it to Mr Carlson? Mr Greeley said, if the Planning Board says so The Chairman said that the only way Carlson would take it would be if it is a buildable lot, if it is not annexed, he would just as soon leave it open as we own all the land around it The Board agreed Mr Greeley said that if Mr Busa wanted to give $3,000 or $3,500, he would be inclined to take the lot The Board agreed to a minimum price of $3,500 for the lot on Rockville Avenue, after discussion The Chairman informed the Board that the budget account #5500, snow removal , has been reduced from $ 110,000 to $80,000. The Chairman asked Mr McSweeney to prepare slides on Article 101 , showing the property along Concord Avenue to Waltham Street Article Niles Realty is willing to go on record and give a figure of 101 $ 15,000 for the sewer betterment The Chairman understands the betterments are $20,000, the total cost of the sewer is $57,000. Mr Greeley felt that the betterment would be $ 15,000 whether it is rezoned or not Mr Legro said that you couldn't assess a betterment, it would have to be charged in lieu of betterments. Mr Greeley reported to the Board that LCSR in addition to Housing Article 82, training of minority groups, voted to support Article Authority 45, construction of a new housing project by the Housing Authority, Article 91 , zoning amendment at Vine Brook Road; Article 99, land to Housing Authority at Vine Brook Road, Articles 87, 88, and 103, zoning changes; and will support Article 98, if we are asked. The Chairman asked on the transfer of land to the Housing Authority, is it going to be $ 1 .00? 25 ✓ Mr Mabee said that if we are going to do it, it might as well be. Mr. Legro said that the Board doesn't care whether it is $ 1 00 or without consideration; he will work it out Mr O'Connell reported to the Board that petitions containing 300 signatures opposing Article 103 were received in the Selectmen' s office today Mr Kenney said that it is encumbent on the Selectmen to de- cide on Article 106, we have the power for written permits and if the Board is so inclined, we wouldn't have to clutter up the By- Laws with them. The Chairman asked if Air Pollution Committee is willing to move indefinite postponement? Mr Kenney replied yes; if we can do this by permit rather than Leaf a By-Law, they would recommend indefinite postponement Burning The Chairman said that he would go along with written permis- sion Mr Greeley said that he was not for leaf burning but against obstacles; he felt it works a hardship on the wrong people; people who get a permit will cause the most pollution. Mr Kenney said that it will increase the pressure on the Board for leaf pickup He felt it was better to regulate it by permit rather than a By-Law Mr. Legro said that if it were done by a By-Law, they ought to give it more thought Mr Kenney said that he will go back to the Air Pollution Committee and inform them. Mr. Kenney told Tbwn Counsel that when the bids come in on Town the Town Office Building on March 19, he will talk with him re- Offices garding the matter of keeping the police station in or out 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 land acquisition, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 7 47 P.M A true record, Attest �n 72666"4-12( Executive Clerk 1 cio At SELECTMEN'S MEETING March 23, 1970 A regular meeting of the Board of Selectmen was held in the Se- lectmen' s Room, Town Office Building, on Monday evening, March 23, 1970 at 7 00 P M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel; Mr. O'Connell , Town Manager, 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 Ralph M Lewis 7 Manning Street Allan I Spear 8 Millbrook Road Robert Drainoni 479 Waltham Street Hearing was declared open upon petition of the Boston Edison Com- pany for the installation of seventeen poles on Hartwell Avenue, southwest of 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 Pratt, representing the Boston Edison Company, was present and said that this petition was for a line of poles going up Hartwell Avenue and will eventually feed into Bedford, due to the load, we want to increase in that area and the line will be going from Instru- mentation Laboratory to the new Itek building, not quite up to Maguire Road The Chairman asked if they had sufficient poles and lines to continue on? Pole Loca- Mr Pratt replied, no, there is a petition coming in for under- tion Hartwell ground conduit to go up Hartwell Avenue from here and up Maguire Avenue Road The Chairman asked why they had picked that point to go under- ground? Mr Pratt said that the Edison Company thought that the seven- teen poles would be suitable and this new development would gain from them; they would get the service from them, as well as a back-up system The Chairman said that he understood that, but couldn't they be served by going underground? He asked if Edison had looked into an alternative? Mr Pratt replied in the negative. The Chairman asked if anyone had questions? Mr John O'Sullivan of Instrumentation Lab said that his company would also be interested in pursuing the line of thinking relevant to underground service I 27 No one else hadquestions and the Chairman declared that part of the hearing closed. No one appearing in favor h petition, the Chairman asked if pp g of the anyone was in opposition John O'Sullivan and Mattie Palmieri of Instrumentation Labora- tory were recorded in opposition Mr McSweeney said that on April 6, the Edison Company had peti- tioned for underground conduit to finish the loop and it will go into Bedford The Chairman said that it is the recommendation of the Board that when the hearing is held on April 6, the underground conduit should start at the point of the beginning of the proposed location for the seventeen poles Mr. Pratt said that he would refer the recommendation back to the Boston Edison Engineer. The Chairman asked if the underground conduit starts at this point, would you like to withdraw this petition? Mr. Pratt requested that the petition be tabled and he will ask Boston Edison for leave-to-withdraw the petition The Board agreed and Mr Pratt is to inform us of the decision of the Boston Edison Company. Hearing was declared open upon petition of the Boston Edison Company to lay and maintain underground conduit on Waltham Street, approximately 96 feet south of Blossomcrest Road at a distance of about 55 feet 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 showed a plan and said that the conduit would come out of a manhole to a pole on Waltham Street and would feed both sides of Route 2 Mr and Mrs L'Antiqua, 758 Waltham Street, were present and Waltham St asked if the two double poles which were in front of their home Conduit would remain, Mrs. L'Antiqua said that they understood they were put there temporarily, when the snowplow comes up, it goes onto their property and gouges their lawn as these poles are on the side- walk. Mr Pratt said that as far as he knew they would remain in posi- tion Mr McSweeney said that the poles are within the State highway, not on private property The Chairman felt that the poles should be removed and informed Mr Pratt that the Board would like an answer on the schedule of re- moval and how they would be installed on a permanent basis No one appearing in favor of the petition, the Chairman asked if anyone would like to be recorded in opposition Mr L'Antiqua said that he would like assurance that the Edison Company would take care of the poles 28 The Board agreed to take the petition under advisement until until the Boston Edison Company gives an answer on the poles at 758 Waltham Street Hearing was declared open upon petition of the Boston Edison Com- pany to lay and maintain underground conduit on Waltham Street, ap- proximately 440 feet north of Concord Avenue at a distance of about 115 feet 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 showed a plan and said that this conduit is for the other side of Route 2 going to Waltham, this is also coming out of a manhole and is within the State highway The Chairman asked why they are going to dig up the street again? Why didn't you put the conduit in when they were constructing Waltham Street? Mr McSweeney said that it was a State highway No one appearing in favor or in opposition, the Cha.rrman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company to lay and maintain underground conduit in the following location, subject to the condition that the ditch be opened to a minimum width and not have the usual hole in the street Waltham Street, approximately 440 feet north of Concord Avenue, a distance of about 115 feet - Conduit Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to locate four JO poles on the northeasterly side of Vaille Avenue northwest of Reed Street (four existing poles to be removed) and to locate two poles on the northwesterly side of Vaille Avenue southwest of Reed Street (two Pole existing poles to be removed) Location Notices of the hearing were mailed to the petitioners and owners Vaille of the property as listed on the petitioners' plan, and also filed Avenue with the Town Engineer. Mr Dunn, representing the Telephone Company, was present and said that this petition was requested by the Town and we have already moved the 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 approve the petition of the Boston Edison Company and the New England Telephone Company for the following location Vaille Avenue, northeasterly side, northwesterly from a point approximately 57 feet northwest of Reed Street, -- Four (4) poles (Four existing JO poles to be removed) 29 Vaille Avenue, northwesterly side, southwesterly from a point approximately 600 feet southwest of Reed Street, -- Two (2) poles (Two existing JO poles to be removed) Mr. Dunn informed the Board that the Telephone Company plans to resurface the sidewalk area fran Massachusetts Avenue to the Tele- phone Central Office on Waltham Street and the work will be finished just before the parade on April 20th Mr. Legro was given copies of motions for Town Meeting and he retired from the meeting Upon motion duly made and seconded, it was voted to approve the bond for Constable John J Shine, Jr , in the amount of $3,000. Bond Upon motion duly made and seconded, it was voted to sign the Auctioneer' s license for Myron Graffam, Box 52, Lexington Auctioneer The Board agreed to discuss users' fees, as recommended by the Recreation Committee, at a later date Recreation Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen' s Meeting held on March 2, 1970 Minutes The Chairman informed the Board that an application for a pack- age store license has been received from Cumberland Farms, 395 Lowell Street We referred the request to Town Counsel and he in- forms us that this store is within a district zoned for general Liquor business, in which package stores are prohibited General Law- License Chapter 138, section 15A, does not require the local licensing au- Cumberland thority to hold a hearing on an application for such license. It is Farms required to publish, at the expense of the applicant, notice of the application within ten days after its receipt and is prohibited from issuing a license' until ten days after the publication of such notice. In these circumstances, Mr Legro believed that the Selectmen would be justified in requesting withdrawal of the application and returning the application fee, explaining that it is the policy of the Board of Selectmen not to issue a package good store license for a location in which a retail liquor store is a prohibited use under the Lexington By- Law. If the application is not withdrawn, Mr. Legro believed that the Board is required to publish the notice and, after the expiration of ten days, to exercise its right to deny the license The Chairman said that the Board could vote to write to them and if the application is not withdrawn, we would have until next Monday evening to vote to establish a hearing date Upon motion duly made and seconded, it was voted to write to the applicant for a package store license, D B. Haseotes, General Manager of the Commonwealth Dairy Stores, Inc and inform him that the Zoning By-Law specifically prohibits retail liquor stores in the requested location at 395 Lowell Street Mr Burke informed the Board that bids have been opened for curb- ing for the Lexington Center Beautification project Two bids were Curbing received Barretto Granite Corporation of Milford, New Hampshire at Bid $4,250 and H E. Fletcher Company of West Chelmsford, Mass at $4,527 53 He recommended that the bid be awarded to the Barretto Corporation. Upon motion duly made and seconded, it was voted to award the bid for curbing to the low bidder, Barretto Granite Corporation, in the amount of $4,250 00 The Chairman said that we have received a letter from Mr Murphy of Valleyfield Realty Trust, questioning the layout recommended by the Town Engineer for the trunk sewer in that area Mr . Murphy asked specific questions and we asked Mr. McSweeney to go over them, alter- native layouts have been made and evaluated. The Chairman felt that our answers should be Valley- ( I) We have evaluated alternative layouts and are recommending field this concept Realty Trust (2) Yes, we did make cost estimates of the proposed layouts and alternative layouts and the Board' s position is, you may not see the cost estimates (3) The Board feels that our consultants, Whitman and Howard, are responsible to the Town of Lexington and will not discuss this sort of matter with anyone. They think we are bisecting their tract of land with a proposed location of the trunk sewer. Mr McSweeney has evaluated the situ- ation and the elevation is such that it is impractical to take that route We have explained that twice to Mr Morgenstern but this is Mr. Murphy asking questions and we have explained this to him Mr McSweeney said that we have tried to meet with all of the owners and have been unsuccessful We have come up with our line and he called up asking if we could have a meeting, he came in and he had gone over our Route 2 location and told us he was the Engi- neer for Valleyfield Realty Trust He asked me for my alternative routes and cost estimates and I said this should be considered in the light of the whole project Next, he went to Mr O'Connell with the same questions He had asked me to answer these questions and I don't think I should I had given the information to Whitman and Howard and I wanted to discuss it with the Board He started relating sewer costs vs damages to their property and I said that wasn't the way we assessed and told him that unless he had some proposal for us to look at, he couldn't determine how we design our sewer line He never said if Valleyfield had a proposal or had a question on the option Mr Greeley said that two weeks ago, they said they didn't have a proposal; we have no reason to believe they have a proposal 31k Mr. O'Connell said that he had talked with Mr. Murphy and offered to set up a meeting to discuss the matter and Mr Murphy made it clear not to have a meeting, he wanted answers to his questions and it could be on his terms or he was not interested It was agreed to have Mr. Murphy in to meet with the Board Town Meeting Articles were discussed Mr. Greeley said that he would like to take a position on Arti- cles 91 and 99, Vine Brook land The Board agreed to unanimously support these Articles and to Vine state the conditions to Town Meeting that if the land is rezoned, and Brook if the land is conveyed to the Housing Authority, the remaining por- tion will be rezoned back to R- I The Board agrees to only the mas- ter plan and will come back to Town Meeting to rescind the authority on the remaining portion Article 100, lot on Rockville Avenue, was discussed and the Rockville Chairman said that it would not be sold unless it is annexed to an- Ave Lot other lot We have set the minimum price at $3500 Article 101 , Niles Realty land, was discussed. The Chairman asked the Board' s position on the sewer The total project would be $57,000 It would be $42,500 to run the sewer from 111 the trunk to Waltham Street and $ 14,500 to run the sewer from Waltham Street to the Niles property There would be betterments of $ 14,000 on the first part and a betterment of $ 1100 from the corner properties and Niles would, basically, be $ 1200, but they would agree to con- struct the sewer at no cost to the Town from Waltham Street to the property Mr Greeley asked if we are committing ourselves to next year' s Niles program for that? In effect, we would have to put it in next year Realty The Chairman agreed He asked if the Board would consider say- ingthat we put thistobid asan w' Fields? out nth Five Mr. Kenney said, just the piece from Waltham Street to the trunk Mr. Greeley didn't think there was any chance of getting that extra money The Chairman said that Mr McSweeney thinks he can put it in for $40,000 but he does not want to commit himself at this time; this would be the amount of money it would cost us. Mr Bailey said that it is the big issue in the Planning Board. Mr. Greeley said that we ought to put it to the Town Meeting; they are making the decision on zoning and I don't think I would want to put it in if the zoning is defeated Mr. Bailey said that we could say that if the zoning is passed, we will act expeditiously to put in the sewer Mr Greeley said that he was saying if the zoning is defeated, he doesn't want to put a priority on this sewer The Chairman said that we could say if zoning is passed, we could put this in as an alternate. The Board agreed 32 Town Office Mr Kenney informed the Board that the General Contractors' bids Article 32 have been opened and Article 32 will be postponed until Town Meeting on Wednesday 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 a person After discussion of a matter concerning the police department, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 7 52 P M. A true record, Attest h ri Executive Clerk, Selectmen \\ . 1 1 33 Selectmen' s Meeting March 30, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, March 30, 1970, at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel ; Mr. O'Connell , Town Manager, Mr Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present Mr. O'Connell informed the Board that bids on police cars were re- ceived as follows Rowe Chevrolet $ 11 ,931 38 Police Lexington Ford 13,663 32 Cruisers Lawless Motors 14, 100.00 Mr O'Connell said he recommended that the bid be awarded to Rowe Chevrolet, as low bidder for seven vehicles on a trading basis Upon motion duly made and seconded, it was voted to, award the con- tract for cruisers to Rowe Chevrolet in the amount of $ 11 ,931 .38 The Chairman read a letter from the Commonwealth Dairy withdrawing the application for a liquor license He said that we have written them Liquor and asked then to withdraw their application because of zoning, and they have done so. We shall return both the application and the deposit check Upon motion duly made and seconded, it was voted to grant permis- sion for the annual Battle Green Ceremony, commenorating the sinking of USS the USS Lexington, on Sunday, May 3, 1970 at 2 00 P.M , subject to the Lexington restrictions of the Superintendent of Public Works The Chairman read a letter from Lincoln Laboratory requesting per- mission to locate a calibration mirror on one of the Town Water tanks off Massachusetts Avenue Upon motion duly made and seconded, it was voted to grant permis- Permit sion to Lincoln Laboratory to locate a calibration mirror on one of the Town water tanks, subject to the conditions and restrictions imposed by the Superintendent of Public Works The Chairman read a letter from Jean LaRiviere d Son of Hookset, N.H. to move a 1 story house from Sunnyside Road, Lincoln to 135 Wood Street, Lexington House The Chairman said that we have submitted this request to the Po- Move lice Department and the Superintendent of Public Works. Mr Burke has written us with his recommendations land restrictions spelled out J34 Upon motion duly made and seconded, it was voted to grant permis- sion to Jean LaRiviere & Son of Hookset, N H. to move a If story house from Sunnyside Road, Lincoln to 135 Wood Street, Lexington, subject to the conditions and restrictions of the Superintendent of Public Works Upon motion duly made and seconded, it was voted to approve the Bond bond for the Town Manager in the amount of $50,000. Upon motion duly made and seconded, it was voted to grant permis- sion to the Painters' Guild of the Arts and Crafts Society to hold Permit "Meet the Artist" day on Buckman Tavern grounds on Sunday, May 10, and October 4, 1970 from 12 N to 6 00 P.M subject to the conditions im- posed by the Superintendent of Public Works Upon motion duly made and seconded, it,was voted to sign Auctioneer Licenses for the following Elaine S and Harry Myers 27 Outlook Drive Robert N Cann 48 Hancock Street Auctioneers Ralph 0 Cataldo 157 East Street William A Sennott 229 East Street Upon motion duly made and seconded, it was voted to accept the recommendation of Chief Corr and appoint the following as Special Police Special Officers Police Wallace C Weisinger 193 Bedford Stteet Joseph Marshall (Dep Fire Chief) 110 Woburn Street Otis S Brown, Jr 3 Bond Road Upon motion duly made and seconded, it was voted to approve the Minutes minutes of Selectmen' s meetings held on March 16 and 23, 1970 The Chairman read an invitiation from Concord to attend the Concord Patriots' Day parade on April 19, 1970 April 19th It was agreed to inform the Town of Concord that Mr Greeley and Mr Bailey would attend the parade Upon motion duly made and seconded, it was voted to grant permis- Permit sion to Lexington Post #3007 VFW to sell buddy poppies in Lexington on May 21 , 22 and 23, 1970. Upon motion duly made and seconded, it was voted to make the fol- lowing appointments: Annual Appointments Boards & Committees Name Expiration Date Board of Appeals George C Sheldon 3-31-75 Board of Appeals (Asso Members) Woodruff M Brodhead 3-31-71 George W Emery 3-31-71 Logan Clarke, Jr 3-31-71 Mrs George P Morey 3-31-71 35 Boards & Committees Name Expiration Date Trustees of Public Trusts George P. Morey 3-31-76 Town Celebrations Commission James W Broderick 4-30-73 Leo Gaughan 4-30-73 Marilyn L Hall 4-30-73 Fence Viewers Rev Harold T Handley 3-31-71 Louis A Zehner 3-31-71 Registrars of Voters Timothy Sullivan 3-31-73 Bridge Charitable Fund George P Morey 3-31-76 Gemmell Legacy Income Trustees James E Collins 3-31-71 The Chairman read a letter from the State DPW Division of Waterways regarding a public hearing on rivers and harbors on April 2, 1970. He said that Kiln Brook comes under this statute and we have to re-petition Kiln to be considered Brook Upon motion duly made and seconded, it was voted to re-submit the petition to the State DPW on Kiln Brook. Upon motion duly made and seconded, it was voted to grant permis- sion to the Youth Employment Service of the High School for an arts and crafts sale on the grounds in front of the Visitors Center on May 9, 1970 from 8 00 A.M to 6 00 P M , with the understanding that responsi- YES ble adults be present at all times; subject to the restrictions of the Permit Superintendent of Public Works Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public secur- Execu+ ity, the financial interests of the Town or the reputation of a person five After discussion of matters of financial interest to the Town, it Session was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 7 45 P.M A true record, Attest Executive Clerk, Selectmen 3f SELECTMEN'S MEETING April I , 1970 A special meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Wednesday evening, April I , 1970 at 7 30 P.M Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present Mr O'Connell , Town Manager, Mr Burke, Superin- tendent of Public Works; Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Mr O'Connell informed the Board that on Monday, March 23, 1970, competitive bids were received for six items of equipment scheduled for replacement with funds provided under Article 24 of the Annual Town Meeting The bids have been reviewed by the Public Works Department Mr O'Connell made recommendations for the awarding of the contract. Upon motion duly made and seconded, it was voted to accept the Equipment recommendation of the Town Manager and to award the contract to the Contracts following One 32,000 G.V.W. Dump Truck Automotive Services Co , Inc., 22 Sunnyside Avenue, Arlington for one 1970 G.M.0 truck model HM-7640A with a GarWood body and hoist, for the net delivered price, including trade-in of old unit, in the amount of $9,659 00 One 3/4 ton pickup truck with utility body Automotive Services Co., Inc , 22 Sunnyside Avenue, Arlington for one 1970 G.M C. truck model CS-25903, equipped with Moryville utility body for the net delivered price, including trade-in of old unit, in the amount of $3,092.85 One front end loader with backhoe attachment Nine Acre Equipment Inc of Acton, for one 1970 John Deere Model 500A loader backhoe for the net delivered price, including trade- in of old unit, in the amount of $ 10, 197 00 One front end loader-4-wheel drive State Equipment Company, Inc., 62 Cambridge Street, Burlington, for one 1970 Hough front end loader Model H-60B, for the net de- livered price in the amount of $21 ,919.25. One 7-aana tractor mower Sawtell Brothers Inc., 10 Liberty Street, Danvers, for one 1970 Jacobsen Worthington mower model F- 10, for the net delivered price, including trade-in of old unit, in the amount of $7,485 00 One 600-gallon hydraulic sprayer Abbott Spray and Farm Equipment Co., Inc , 922 Waltham Street, Lex- ington, for one 600-gallon hydraulic sprayer,tor the net delivered price, including trade-in of old unit, in the amount of $4,385 00 37 Mr O'Connell informed the Board that competitive bids were received for the cleaning of approximately 4,500 catch basins from George Pierce, Jr , 25 Bishop Street, Leominster, for $ 1 50 per basin; Dailey Brothers, Inc., 114 Marrett Road, for $2 45 per basin The Chairman questioned if Mr. Dailey thought he was to provide the Catch laborer He said that Mr. Pierce owns and operates the equipment and he Basins is the laborer Mr. Burke said that we have a Town employee with the truck so that we can keep a check on them Mr O'Connell is to come back to the Board after checking with Mr Dailey regarding the laborer. Upon motion duly made and seconded, it was voted to adjourn at 752 P.M A true record, Attest /�<� •� ZrYi‘i Executive Clerk, Selectmen I I 38 SELECTMEN'S MEETING April 6, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, April 6, 1970, at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel , Mr. O'Connell , Town Manager; Mr Burke, Superintendent of Public Works, Mr McSweeney, Town Engi- neer, and Mrs. McCurdy, Executive Clerk, were also present Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone and Telegraph Company to relocate three poles on Hillcrest Avenue Notices of the hearing were mailed to the petitioners, owners of the property as listed on the petitioners' plans, and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, and Mr Dunn, representing the New England Telephone Company, were present Mr Hillcrest Pratt said that this petition was submitted because of a request from Avenue the Town for a relocation of existing poles for the widening of Hill- Pole crest Avenue. Location The Chairman asked if anyone present would like to speak? Mr Laurance H Shanks, 10 Hillcrest Avenue, asked to have the location of the poles explained to him as one pole is in front of his property and has a guy and anchor supporting it Mr Pratt explained that the pole will be relocated back toward Mr Shank' s house but the guy and anchor will stay where it is pre- sently located as it is 5' from the existing pole now Mr Shanks was in favor of the relocation, provided the anchor remains in its present location No one appearing in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for the following location, subject to the con- dition that the anchor not be moved from its present location Hillcrest Avenue, northwesterly side, approximately 80 feet northeast of Fottler Avenue,-- One ( I ) pole (one existing JO pole to be removed) Hillcrest Avenue, northwesterly side, northeasterly from a point approximately 349 feet northeast of Fottler Ave- nue,-- Two (2) poles (two existing JO poles to be removed) Underground Hearing was declared open upon petition of the Boston Edison Com- Conduit - pany to lay 90' of underground conduct on Marrett Road at Massachusetts Marrett Rd Avenue Mass. Ave Notices of the hearing were mailed to the petitioners and filed with the Town Engineer Mr. Pratt introduced John Gurkin, Engineer for the Boston Edison Company, who was present and explained that the conduit is to be ex- tended about 90 feet This extension is to increase their service within their existing high voltage wire system No one present in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company for the following location Marrett Road (Bedford Airport Road) , at Massachusetts Avenue, a distance of about 90 feet - Conduit Mr Zehner, Town Treasurer, met with the Board He said that the Town is in need of $ 1 M in tax anticipation money and he has nego- tiated loans with the following banks New England Merchants National Bank, on $500,000, 4,04 discounted First National Bank of Boston on $500,000, 4 09 discounted The Harvard Trust Company on $500,000, 4 09 discounted Lexington Trust Company on $500,000, 4 09 discounted Tax Anti- Mr Zehner recommended that the bid be awarded to the New England cipation Merchants National Bank in the amount of $500,000, First National Bank Borrowing of Boston, in the amount of $ 170,000, Harvard Trust Company, in the amount of $ 170,000, Lexington Trust Company, in the amount of $ 160,000 ' He said that the Town is borrowing money eighteen days later this year than last year and there is a significant saving of appro*.i.mately $2,000 The banks have requested that the notes be in small denomina- tions as they are more negotiable in smaller amounts. Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Treasurer to borrow $ 1 ,000,000 in tax anti- cipation money and to award the bids to the following banks New England Merchants National Bank, on $500,000, 4 04 discounted First National Bank of Boston on $ 170,000, 4 09 discounted The Harvard Trust Company on $ 170,000, 4.09 discounted Lexington Trust Company on $ 160,000, 4 09 discounted Hearing was declared open upon petition of the Boston Edison Com- pany to lay about 210 feet of underground conduit and install a manhole in Hartwell Avenue southwesterly from Maguire Road Under- Notices of the hearing were mailed to the petitioner, owners of ground the property as listed on the petitioners' plans, and also filed with Conduit the Town Engineer Hartwell- Mr Pratt, representing the Boston Edison Company, was present and Maguire requested " leave to withdraw" the petition as a new plan of the area Road will be submitted in the near future No one appearing in favor or in opposition, the Chairman declared the hearing closed 1 4( ) Upon motion duly made and seconded, it was voted to accept the with- drawal of the petition submitted by the Boston Edison Company to install a manhole and lay underground conduit in Hartwell Avenue, at and south- westerly from Maguire Road, a distance of about 210 feet Upon motion duly made and seconded, it was voted to grant the re- quest of the Boston Edison Company for " leave to withdraw" the petition dated February 20, 1970 for the location of seventeen poles on Hartwell Avenue, northwesterly side, southwesterly from a point approximately 118 feet southwest of Maguire Road Hearing was declared open upon petition of the Boston Edison Com- pany to lay underground conduit at Maguire Road and northwesterly from Hartwell Avenue to Westview Street, a distance of about 1 ,645 feet, and install manholes 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 in regard to the line going up Hartwell Avenue to the Bedford-Lexington line Mr. McSweeney recommended that a new plan be submitted to show that the conduit is placed in the southerly grass plot and that the crossing at Westview Street be more of a diirect crossing Mr Pratt agreed to submit a new plan showing this location. 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 petition of the Boston Edison for the following location, subject to the recommendation of the Town Engineer that a new plan be submitted. Maguire Road, at and northwesterly from Hartwell Avenue to Westview Street, a distance of about 1 ,645 feet - Manholes and Conduit Hearing was declared open upon petition of the Boston Edison Company to lay underground conduit on Wood Street, approximately 335 feet northwest of Holton Road, a distance of about 50 feet Underground Notices of the hearing were mailed to the petitioner, owners of Conduit - the property as listed on the petitioner' s plan, and also filed with Wood Street the Town Engineer Mr Pratt, representing the Boston Edison Company, said that this petition is to be from one side of our right-of-way to the other side and will be put underground 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 petition of the Boston Edison Company for the following location Wood Street, approximately 335 feet northwest of Holton Road, a distance of about 50 feet - conduit 41. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for the location of one pole on Wood 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 Pratt, representing the Boston Edison Company, said that this petition is a request of his company to install a pole for the line coming down Wood Street and crossing at the A J Lane Construction Com- pany property The Chairman asked why it was not located on the property line in- stead of as indicated on the plan? Mr McSweeney said that he had spoken to Boston Edison about cross- ing private property and was told that they had permission from the owner to do it 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 petition of the Boston Edison Company for the following pole location Wood Street, Southwesterly side, approximately 1 ,035 feet north- west of Fairview Avenue, -- One ( I ) pole The Chairman informed Mr Pratt that on March 23, 1970, the Board had taken under advisement the Boston Edison Company' s petition for ' underground conduit on Waltham Street near Blossomcrest Road until we receive an answer on the permanent location of a pole at 758 Waltham Street, which now has both old and new poles and the equipment must be transferred to the new pole The Board would like a date that the work Underground is to be done. Conduit Mr Pratt said that he had, today, submitted a letter to the Board Waltham St of Selectmen stating that the proper officials of the Boston Edison Com- pany and the New England Telephone Company have been notified to remove their equipment from the old pole to the new pole The Chairman said that as soon as we have received an answer that this has been accomplished, we wilt act on the petition for the under- ground conduit Mr. Legro informed the Board that Sherman and Enid Starr, 62 Hill Street, who live across from the Lexington Golf Club, were denied an appeal from the Board of Appeals regarding a decision of the Building Inspector that the sale of alcoholic beverages to be consumed on the Lexington premises of the Club does not constitute a change in use whereby the Golf Club zoning by- law relative to parking requirements would apply, and have filed a writ of mandamus to enforce the law. An understanding has been reached by counsels in the cases of Starr v. Donald K Irwin and Starr v Board of Appeals for twenty- four additional spaces on the property and six additional spaces along the hill in the crescent-shaped parcel along the normal bound- ary of the stone wall ; this is not the property of the Town as it v-412 was abandoned by the Town when Hill Street was relocated in 1926 or 1929 This proposal has been shown to the Town Engineer and he has no objection to it Before he indicated the Town' s assent, Mr Legro wanted to be sure there is no objection to having another ac- cess through a stone wall as they want to get the work going to get these cases disposed of The Chairman asked Mr McSweeney if he had talked to the Traf- fic Committee? Mr McSweeney replied that he had not; they originally came in with angle parking and he had said that we couldn't talk about that We suggested this parking and gave our reasons why we didn't want angle parking Mr. Kenney asked if it would be hot-topped? Mr Legro said, no, it would be gravel or crushed stones Along the side of the street it would be gravel or hot top. He suggested that the proposal be referred to the Traffic Committee The Chairman asked the Board' s feeling? Mr Mabee moved that the Board go along with the recommendation. Mr Legro recommended that the Board simply take the position that it has no objection at the present time The Board agreed to refer the proposal for parking at the Lexing- ton Golf Club to the Traffic Safety Committee and request a written report be submitted to the Board. At the request of the Town Clerk, four jurors were drawn, as follows Jurors Lowell S Bensky 10 Blake Road Leonard F Milgate 60 School Street Harold J Koffman 35 Tyler Road Martin M Friedman 4 Blodgett Road At 8 00 p.m , hearing was declared open upon petition of resi- dents of Nichols Road as follows "We the undersigned wish to register a complaint concerning the black and brown German Shepherd residing at 16 Nichols Road This dog poses a serious threat both Nawoichik to the children and adults of this neighborhood The mailman has Dog refused to deliver mail on Nichols Road when the dog is loose. The Hearing dog' s owner, Mr Nawoichik, has been requested to keep the dog re- strained by the post office, the dog officer and neighbors We, therefore, are submitting this petition to the Board of Selectmen to inform them that we request the dog' s removal from the neighborhood: Mr & Mrs Guy L Eidson 8 Nichols Road Mr & Mrs Raymond S Simpson 7 Nichols Road Mr & Mrs George Bennett 15 Nichols Road Mr & Mrs John Curtin 6 Nichols Road Mr & Mrs Charles L'Homme 9 Nichols Road Mr & Mrs George Pittman II Nichols Road Mr & Mrs William Phelan 17 Nichols Road Mr & Mrs Richard S. Wells 20 Nichols Road 4 e� ' Henry C. Latto, Supt. of the Lexington Post Office, was present on behalf of the regular carrier and all substitutes He read a report from the letter carrier involved "This dog was picked up once by the dog officer - broke loose from the dog officer and within a week re- turned home by himself and since then has prevented delivery of mail to fifteen homes on at least one day " The Chairman said that we have received this petition, signed by residents of Nichols Road The Board has always taken the position that although we don't have to, we have a legal hearing to hear both sides. Attorney Tropeano is here representing Mr Nawoichik The Chairman asked if there was an Attorney present to represent the petitioners? No answer He said that they do know they have the right to have one present No answer He asked who would be the spokesman? Attorney Tropeano raised a point of order He asked for some ap- plicable statute that the signatures of any petition are to be con- sidered He has a statute that says they will be sworn in and he wanted to hear that The Chairman said that those present to give testimony are to be sworn in and the petition is just to call the hearing, and will not be part of the evidence He explained the procedure of the hearing and asked that courtesy be given at all times to those testifying He requested that those to give testimony rise and swear that the testi- ' mony given by them was, to the best of their knowledge, the whole truth The Chairman asked who would speak for the petitioners? Mrs Simpson, 7 Nichols Road, didn't know The Chairman said that Mr Phelan came to see me and was told that someone would have to present their case, and I suggested that he hire an attorney The dog officer, Mr Belcastro, will not present your case but he will report on what he has done. One of the petitioners asked if it could be presented in part as each person knows it? The Chairman agreed Mrs. Sheila Wells, 20 Nichols Road, said that the first problem we had was in the summer of 1968, after the leash law went through We had visitors and there were four or five children in the yard, one child was 18 months old, the son of Dr Chabot of Waltham Street, and was sitting in the sandbox when the dogs ran into the yard and, with no provocation, the dog dragged the child across the yard; we had to run out and drag the dog from my yard over to his yard My husband spoke to Victor Nawoichik and asked that the dog be kept out of our yard That was almost two years ago and I am still on the phone call- ing 'Mr Belcastro This year, I have an 18 months old baby and don't want a repetition of this I find this dog vicious I don't bear any LII wilt but they should keep the dog tied up Attorney Tropeano said that you say another dog was involved; what is the description? J44 Mrs. Wells said that it was a white Shepherd owned by Nawoichik Mr Richard Wells said that the boy' s father issued a complaint to the Police Department and nothing was done about it Mrs Shirley Bennett, 15 Nichols Road, said that I feel the dogs are vicious Two summers ago, I had two prize rabbits and they were up on a wire in front of the case and Heidi and another one of their dogs chewed the rabbits' feet off I had to run over in my nightgown to get Stephen as one of the rabbits was so badly chewed, he took over The rabbit died and we kept the other one but, after a month, it died I feel if they should viciously attack like that, it is terrible, it could have been one of my children We had an- other instance, not in question tonight, where my younger son had the nipple torn off and has a scar from another one of their dogs The Chairman asked if these dogs had attacked a person? Mrs Wells said that Lady has attacked but this one has not bitten a child of mine. They have come in and knocked one down Attorney Tropeano said that Mrs Bennett and her husband differ; he has patted the dog He went over and apologized for the petition Mrs Bennett said that to be honest, we discussed this. I signed and I did not apologize Mr Charles Malone, Assistant Superintendent of the Lexington Post Office, said that the official records of the Post Office show a report dated January 29, 1970 that on January 22, 1970, due to inter- ference from a dog owned by Nawoichik of 16 Nichols Road, no delivery could be made at 21 , 17, 15, II , 9, 7, 6 and 8 Nichols Road and 96, 90, 85, 91 and 97 Blake Road This dog has been the subject of many complaints John Guilfoyle, carrier in that area, reported to me that while going in the front walk at 16 Nichols Road to make a delivery on June 1 , 1968, a dog ran over and bit his right hand, he was treated by Dr Pyle The records show this injury occurred. Marshall Dean, 85 Blake Road, said that he had never seen that dog in our yard at all , he didn't know what he looks like, it has never been in our area, that' s all I can say Mrs Dean wondered why 85 Blake Road is mentioned by Mr Malone who said that the dog was in the neighborhood and he had to curtail service because of the presence of the dog; she had never seen the dog in her yard Mrs. Simpson, 7 Nichols Road, said that about one and one-half months ago, her two aunts had come to pick her up and Heidi was out and barking and annoying them and afterwards, she had to call the police to escort them back to the car She had called Stephen to please keep the dog in He claims he works until 5 00 P.M and the dog is never out, but he has lots of boys living there and he doesn't know what they do The dog is out night and day The Chairman asked why Mr Phelan is not at this hearing? Mrs Phelan, 17 Nichols Road, said that she had just talked with her husband on the phone and he said that when he was told about the attorney, he got the impression that one was not needed He did call an attorney who said that one wasn't necessary 45 The Chairman said that he had recommended that he have an attorney because he was here asking for this hearing and the only way we can re- strain this dog is by a hearing Someone has to present the case My question is, if this is as serious as he made it seem, why isn't he here? Mrs Phelan said that he was at home because of the babies She said that in February, her husband had been out shoveling the driveway and the dog came over and threatened him, her husband came in and later punt back out again and the dog was still there He called the Police and, as a result, the Dog Officer came up but couldn't catch the dog. This dog is out at 10 00 at night and early in the morning. Mr. Kenney asked if it was out on a leash? Mrs. Phelan replied, no. Mrs Bennett said that she has two children and there are fourteen children in the neighborhood under 8 years of age, they are afraid of this dog because the dog will come up and bark and threaten Stephen will have to say he had to bring this dog in Last summer, my children would stay in the house and wouldn't go out for Halloween because of the dog She didn't feel her children should have to be afraid to go out in the neighborhood. She didn't feel they should have to move be- cause of this She didn't want another one to bite her children The Chairman said that this hearing is held for specific facts as to why this dog should be restrained. Mr Raymond Simpson asked why the dog had to be restrained when we have the leash law? The Chairman said that they are two different things, under the leash law, the dog should be out under control of someone at all times, it doesn't mean a leash You are asking for the dog to be restrained. Mr. Simpson asked, isn't that the law? The Chairman replied, no. Mr Simpson said that they were asking for someone to be with the dog. The Chairman said that you have asked for this dog to be restrained by presenting us with this petition Ifyou want the dogto be just restrained under the leash law, you should have told us. Mrs Wells said that after the day the dog threatened Mr Phelan, I have been told the orders now are to shoot the dog on sight I am dis- turbed about the viciousness of the dog because children have to be kept at home. The Chairman said that the orders are that any dog has to be dis- posed of if, in the Dog Officer' s viewpoint, it is vicious Attorney Tropeano said that he would like to have Mr Nawoichik, Sr speak. The only incident there was two years ago is a hearsay statement from Mr Malone, Assistant Superintendent of the Post Office, that the mailman was frightened of a dog and wouldn't deliver the mail It was the other dog that Mr. Nawoichik gave away that created that situation The Chairman asked Mr Nawoichik if he still has it? Mr Nawoichik, Sr said that he gave it away As for the man next door, the dog had puppies and it was in the summertime the man came out J46 and the dog was tangled up and he came over Knowing she had puppies, I yelled to him He untangled the dog and patted it and went away. She is not a vicious dog The problem is, some people don't recognize what my Shepherd looks like and it is not always her She has gotten away and I know of only one instance of her having bitten anybody The mailman chased the dog down the street with a stick and threw stones at her and she protected herself; problem is trespassing; I keep the dog on a chain in the yard. Stephen Nawoichik said that he has a run in back, a 20' run this is where her son was bitten by the other dog; he stepped on Lady. Mr Nawoichik, Sr said that Stephen is living there now, I don't live there The Chairman asked how many times the dog was off the chain? Mr Nawoichik, Sr. said, three times I know of since the leash law, three times she broke the chain She does get out, these people say once a week and I say once a month,. Mr Greeley thought that these people ought to be allowed to cross-examine Mr Nawoichik Mrs Simpson said that she had called Stephen that evening when Heidi threatened her two aunts What is our leash law? At all times the dog should be under supervision. Do you deny she is out from sun set to sun rise? You admitted she was out Stephen Nawoichik said that at that particular time, I did Mrs Simpson said that she would testify in court that the dog is out every single night, all night, many nights How can you say once a month? You told me she doesn't like it in the cellar As far as children are concerned, there are fourteen under 8 years. Last summer, we had to drag the children in because Heidi was out Stephen Nawoichik said, I didn't say that Mr Nawoichik, Sr asked what makes you say it is a threaten- ing dog? Mrs Bennett said that if a dog came up and knocked me down, I would be afraid - he is in my yard. Monday night, Heidi was .loose and I couldn't get out until she was a distance away and I had to run back in. The Chairman asked couldn't or wouldn't get out or just afraid. Mrs Bennett said that she was afraid, afraid that next time I will have to stand there and be knocked down Mrs Phelan said that she has called the Dog Officer many times at night at 10-00 o'clock, I have seen that dog out at least three times a week A yound man said that each person should be able to speak, both for and against, and should be able to speak all they want to. The Chairman said that we should stick to the original ground rules, the case is presented; then Attorney Tropeano; then the Dog Officer, then those - regardless of for or against He asked Mr Belcastro, Dog Officer, to come forward and present his report Mr Belcastro read his report, as follows 47 I June 20. 1969 Complaint At 10 00 A M , received a telephone call complaining that Mr Nawoichik' s dog had bitten the painter that was working at his home Dog Officer I called on Mr Nawoichik and told him to keep his dog tied in the house and he stated that the painter tried to get in the cellar- way while the dog was in the cellar The painter stated that the dog was outdoors August 4. 1969 Complaint Call from Mrs Wells, 20 Nichols Road, that Mr Nawoichik' s dog was out loose again, and had bitten a child Dog Officer When I arrived, the dog was just entering his enclosure. No response at the door or phone August 5. 1969 Dog Officer Keeping an eye on dog due to other complaints received August 9. 1969 Complaint Call from Mrs. Simpson, 7 Nichols Road, that two German Shephards belonging to Mr Nawoichik were loose Dog Officer Called and Stephen Nawoichik answered phone Told him to keep dog tied as there was a leash law in Town August 13 1969 Dog Officer I picked up Nawoichik' s dog and brought it to Dr Smith' s kennel Dr Smith' s helper refused to take the dog on the grounds that he didn't want it around the high school help As I left there, ap- proaching the Rte 128 bridge on Bedford Street, the dog jumped out of the window and started running down Rte 128 I proceeded to chase him until I reached the Waltham line I returned to Nichols Road and warned the neighbors there what had happened and that if the dog re- turned to let me knew. August 17 1969 Dog Officer Mr Nawoichik going to court for violation of the leash law and possessing two unlicensed dogs. December 2 1969 Dog Officer Call from Mr. Nawoichik stating that he had lost his slips for court fines of $20 00 for an unlicensed fine and $2 00 for violation of leash law January 17 19 and 21 1970 Complaint Calls from Mr Wells regarding dog January 27 1970 Complaint Call from Mrs. Simpson complaining of dog. January 30 1970 Complaint Received a complaint call from Mrs. Simpson, 7 Nichols Road, that Mr Nawoichik' s dog wouldn't allow her mother out of her house Her mother walks with two canes, and it is9 uite difficult for her to manage normally Dog Officer I told Mrs Simpson to notify the Police Department for the simple reason they could act as witnesses to the incident and, secondly, they could shoot the dog, if necessary. No answer when I called Mr. Nawoichik In the final analysis, upon further investigation, I learned that the 1 21 ‘1 mailman was also bitten and refused to deliver mail on this street. I also learned that a child was bitten on the breast and has the scars to prove it February 3 1970 Complaint Mrs. Simpson called to say that the Nawoichik dog was out again and asked if I would go up and see what I could do I went there and couldn't see the dog Dog Officer I went to see Mr. Nawoichik and there was no answer February 10 1970 Complaint Mr Phelan called me, it was a Sunday morning around 7 30 A.M and he said that he was out shoveling and couldn't get out of his yard to shovel because of the dog Dog Officer I told him I would go over there but, in the meantime, he called the Police Station and Lt Dooley called me and said that he had sent two men over in a cruiser I joined them and they tried to shoot the dog who was roaming the street at the time They couldn't hit the dog and then he went into his own enclosure The Police and I went to see Mr Nawoichik and there was no answer March 20 1970 Dog Officer Mr. Nawoichik was fined $ 12.00 in Concord District Court for an unlicensed and unleased dog. I have kept a close check on the neighborhood at least twice a day and I haven't seen the dog out. March 27 1970 Complaint Received a complaint call from Mrs. Phelan, 17 Nichols Road, that Nawoichik' s dog was out running loose and she was afraid to let her children out to play Dog Officer Since I Was at court this day, I was unable to go there to check on the situation. It seems to me that every time I drive up there, the dog seems to know the truck and bounds for his own yard The Chairman addressed Mrs Wells and asked, you say the dog had bitten a child? Whose child? Mrs Wells replied, Dr Chabot' s child The Chairman asked Mr Belcastro, you said that back in January, a mailman was bitten - which mailman? Mr. Belcastro didn't know The Chairman asked Mr Belcastro if this is the same child mentioned in his report? Mr Belcastro didn't know, just what I heard Attorney Tropeano asked which parent complained on these instances when told a dog had bitten children? Answer Mrs Wells Attorney Tropeano asked, you say you have been keeping a close check since last January, you haven't seen him loose2 Mr Belcastro answered he had seen the dog running in the street and running in his own enclosure. Mrs Demond Dewan, 30 Fuller Road, asked Mr Belcastro if the dog had bitten him? Mr. Belcastro replied that the dog had bitten him on the hand 49 1 alsogo Mrs. Dewan asked, did the dog for your face? Mr. Belcastro answered yes Mrs Dewan said, May I ask that it be recorded The Chairman asked Mr Belcastro if he had issued another formal com- plaint since then? Mr Belcastro replied, yes. The Chairman asked if the dog is licensed? Mr Belcastro replied that it was The Chairman asked if anyone had further facts as to the dog being dangerous, vicious, or not on a leash? Mrs Dewan said that this is the testimony if my sons, 9 and 6 years, they say when they go to Nichols Road toplay, dos come and 9 inti- midate them so they can't move; it was only once that the dog did not threaten them The Chairman asked if anyone else wanted to speak? Mrs Dean, 85 Blake Road, said that she had been a resident of Lexing- ton since January I , 1949 and had two sons; when we moved to Lexington, one was two years old and this one we had six years later We never had a fence and are on the corner of Blake and Preston Whenever they were out in the yard I had no fear I have never seen the Nawoichik dog There are 2, 3 or 4 dogs that run through my yard but not a German Shepherd There was a Collie today and that dog is let loose every single day and I never complained because he does no harm to anybody in that neighborhood. I have never seen the Nawoichik dog loose and I live down the hill from I Nichols Road and there is no fence on my property Carol Smith, 126 Pine Street, Waltham, said that she was a friend of Stephen' s and said that she and her friend have taken the dog shopping for about three hours and she sat quietly and has eaten a hot dog out of her hand. Joel Dwyer said that he rents a room at 16 Nichols Road and has taken this dog to different houses, the dog never bothers anybody, never barks I run with her at night to make sure she doesn't bite anybody When the man couldn't shovel the driveway, one of the other neighbors went and got the dog and brought it to his house Walter Henkle said that he lives in Burlington and is a friend of Stephen' s. This dog is very mild, even tempered, is normal not vicious This dog is as mild mannered as can be and is not vicious; this dog is a watch dog and if there is anything coming, he will bark Patrick Gallagher, Follen Road, said that because a dog barks, it is not necessarily a threat I have been in the house a number of times and have patted the dog and it didn't bite me When I go over to the house, the dog is usually in the cellar and never bothered me Beb° Deah, said that he has seen the kids abuse the dog and kick it. Jack Tossberg, 21 Nichols Road, said that the dog gets out, comes to our door and scratches, we pat it and it goes home. On Sunday, the dog went out and I took it home and chained it up while my father watched and it never barked at me at all The Chairman said that all of these people say the dog is out and they brought it home 111 Mr Nawoichik, Sr said that he did say the dog did get out 50 Bob Dean said that he is always playing out in front of Conklin' s house and never heard from the Thayer' s, who used to live there, of abuse, the onlyone was the white one, the other one is so quiet I didn't know it existed; this is a quiet dog Mr Phelan said that Mr Tossberg claims the dog is not vicious, I can see why, they do feed the dog sometimes He says the dog is not vicious and, at one time, someone was bitten on his land Mrs Simpson said that no child has hit Heidi because they are petrified of her Mrs. L'Homme said that Mrs. Dean has said she has lived there since 1949, may I ask the age of the dog? Stephen Nawoichik replied, 6 years. James J Wells, Jr , 23 Eaton Road, said he has known the dog a number of years and has lived in the neighborhood 12 years, he has gotten out of the service recently and had a great deal to do with dogs; after having puppies, dogs have tendencies to be slightly obnox- ious towards people they are not familiar with. The dog is a watch dog when people are new It is not a vicious dog but after it has pups, it will tend to bark and be vicious towards people it doesn't know; it is not vicious or frightening people or anything that comes near it The Chairman said that if there are no new facts to be presented, he will call on Mr Tropeano Attorney Tropeano said that 99% of the facts you have heard have been strictly hearsay, there is only one direct piece of testimony, Mr Belcastro said that he tried to catch the dog and grabbed it; if this occurred, it was a natural tendancy of the dog to react, I haven't heard anything in the last two years Once a dog molested a couple of children and it is no longer owned by Mr. Nawoichik Your problem is to separate that which is acceptable and that which is heresay and make your decision. Mrs Bennett said, I feel that the relationship of Lady biting my son has a relationship for one reason and will tell Stephen why Lady bit him Lady felt she was going to be hurt; she was abused at home; you ordinarily wear engineer' s boots and I have seen you stomp on his head She bit my son and I feel Heidi has the same tendancy and for the same reasons. The Chairman said that we have heard the story in great detail . The Board will take it under advisement We will discuss this with the Dog Officer and will let Mr Tropeano, know of our decision The Chairman declared the hearing closed. Later on in the meeting, the Board discussed the hearing. The Chairman said that his recommendation would be to postpone a decision as he had set up a meeting for tomorrow with the Judge in Concord and he will talk with him Mr. Legro said that the leash law ought to help the Selectmen avoid a hearing, some hearings ought to be eliminated There are two different things because a dog can be at large in the neighbor- hood without being vicious but is in violation of the leash law 1v Upon motion duly made and seconded, it was voted to go into Execu- tive 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 engineering 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 approve the bond, in the amount of $2,000, for Rita J Breslin, Assistant Town Bond Clerk, bond does not require approval of the Commissioner of Corpora- tions and Taxations Mr Burke said that there was an error in water billing to Francis McCarron, 5 Hillside Terrace, in the amount of $54 50, and he requested the Selectmen to approve the abatement, in the form of a letter to the Tax Collector Abatement Upon motion duly made and seconded, it was voted to abate the sum of $54 50 to Francis McCarron, 5 Hillside Terrace, and to so inform the Tax Collector Mr O'Conne4l said that the bids received for the cleaning of ap- proximately 4500 catch basins were reviewed; he recommended that the bid be awarded to George Pierce, Jr , 25 Bishop Street, Leominster, Catch Massachusetts, at $ 1 .50 per basin Basins Upon motion duly made and seconded, it was voted to award the con- tract for the cleaning of approximately 4500 catch basins to George Pierce, Jr. at $ 1 50 per basin Mr O'Connell informed the Board that a request has been received from Mr Richman, General Manager of the Sheraton-Lexington Motor Inn, for an extension of hours of service of alcoholic beverages to 100 A M for cocktail receptions to be held on April 9, 10 and II , 1970 by the Sheraton- Mass. Society of Radiologic Technicians Lexington Upon motion duly made and seconded, it was voted to grant permis- Inn sion to the Sheraton-Lexington Motor Inn for an extension of hours of service of alcoholic beverages, as follows April 9 until 12 00 M , April 10 until 100 A.M , Arpil II until 100 A M Mr Burke said that on March 30, 1970, the Board voted to grant the request of Lincoln Laboratory to mount a calibration mirror on one of the water storage tanks of the Town, located off Morgan Road, Lincoln subject to one of the conditions that Lincoln Laboratory be required Laboratory to execute an agreement with the Town and to provide under the terms Calibration of such agreement the necessary insurance coverage for the Town He Mirror asked for some direction from the Board The Chairman said that we should be absolved of any liability of anybody getting hurt, complete indemnification We want a policy in case somebody does fall Mr Legro said that there should be an endorsement on their policy getting the Town of Lexington as the name of the insured. He asked in what amount? Tr- 4) t) rd The Chairman said that we would want at least $300 T to $500 T Mr Burke asked about property damage Mr Legro said that he was as much concerned about property dam- age as personal injury Suppose this was, in any manner, contributory to bursting and gallons of water dame down that hill ; there would be property damage The Town' s liability for storage of water is danger- ous enough without putting something on this tank that might lead to greater difficulty Property damage ought to be in the range of per- sonal injury Mr O'Connell said that it is almost inconceivable that this device could cause damage to this tank He compared it to a rear view mirror on a car Mr Legro said that we are not performing a municipal function when we do this. Mr Burke was instructed to talk with Mr Cahalane of the Lincoln Laboratory Mr Burke said that he would talk with him and suggest $300,000 for bodily injury and $500,000 to $ 1 M on property damage. Mr McSweeney said that a request has been received from Colonial Builders to connect to a Town sewer at the intersection of Garfield and Hickory Streets to service four lots; they will assume all costs from Garfield to Hickory Stteets and will build according to the speci- fications of the Town He showed a plan of the proposed easement and Colonial the limits of the public way Builders He said that we find their proposal acceptable from an engineering standpoint, however, since Garfield Street is a private way and the Town is an abutter to the proposed easement located in Garfield Street, the legal ramifications of a project of this nature should be clarified by Town Counsel Mr Legro said that this is the land formerly owned by Francis W K Smith Who owns the fee on Garfield Street and who has the right to grant the easement to put in the sewer? There is a question of title and Mr Smith was unable to correct it Somebody has to pro- duce an easement to Garfield Street to construct the sewer It was agreed that Mr Legro is to work with Mr McSweeney to resolve the matter Hayden Avenue was discussed The Chairman asked Mr McSweeney if he had more than one layout? Mr McSweeney replied in the affirmative He said that Mr Hayden Morgenstern had told him he would come in with some type of proposal Avenue and he had told him that he would be happy to look at it Mr Legro said that the Valleyfield option ought not to be exer- cised the way it is Upon motion duly made and seconded, it was voted to approve the Bond bond for Constable Guy Busa, in the amount of $3,000 1 5.-3 Upon motion duly made and seconded, it was voted to sign the water Abatement abatement for Ernest Simpson, $26.25; duplicate bill had been sent f The Chairman read a letter from Ronald and Judith Goldner, request- Tax Title ing the purchase of tax title lot #40 Rockville Avenue 40 Rock- It was agreed to delay action until more information is obtained. Ville Ave The Chairman read a letter from Itek Corporation, requesting that the consumption of four water meters be combined into a single bill per billing period A report has been received from Mr Burke, stating that the present policy is not to combine meter readings unless the meters are connected in series or are established as a battery of two or more meters and are installed at one specific location in a structure Itek has four meters in use and two of them are installed in two specific locations in a structure; the other two could be handled as a single bill as they are Itek Water connected in series. Bills The Board agreed to continue with the present policy of the Town and there would be three bills issued to Itek Corporation, instead of four water bills Upon motion duly made and seconded, it was voted to notify Itek Corporation that three water bills will be issued instead of four, as follows • Account Nos. C-95A- 10B and C-95A- IOC to be handled as a single bill by combining the consumption of these meters as they are connected in series Account Nos. C-95A- 10 and C-95A- I0A are to remain under the present policy of one bill for each meter installed at one specific location in a structure Upon motion duly made and seconded, it was voted to sign the better- ment assessments for the following streets, with an award of no damages: Betterment Downing Road Assessment Bloomfield Street Minola Road Upon motion duly made and seconded, it was voted to adjourn at li 00 P.M A true record, Attest }� Executive Clerk, Selectmen f � 1 54 SELECTMEN'S MEETING April 13, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, April 13, 1970, at 7 30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney and Bailey were present Mr. O'Connell , Town Manager, Mr. McSweeney, Town Engineer; and Mrs. McCurdy, Executive Clerk, were also present. Mr O'Connell informed the Board that bids have been received on the purchase of an ambulance, authorized under Article 42 of the 1970 Annual Town Meeting. Two bids were received as follows Ambulance and Hearse Distributors, Inc. of Malden (Miller-Meteor) for $ 13,000 net price quoted with a list of extra equipment ( in- cluding air conditioning) having a value of about $1 ,500 Northeast S & S Distributors, West Springfield, Mass. (Hess & Eisenhardt) for $ 10,700 net price quoted per specification with no added equipment but with certain features in excess of speci- fication requirement. Mr O'Connell said that he had carefully reviewed the bids and had discussed them with the former Board of Fire Commissioners. His evalu- Ambulance ation shows that on an equalized equipment basis, the comparison would Bid show $ 11 ,500 for A. & H. Distributors vs. $ 10,700 for Northeast S & S In evaluating the important factor of service support, he found that A. & H., who supplied the present ambulance, including furnishing at no cost to Lexington for five weeks in 1969 a new ambulance to replace the unit damaged in an accident. Service is handled locally and is reported to be prompt and of high quality A & H has agreed to voluntarily extend the policy of furnishing a backup unit if our ambu- lance is taken out of service; Northeast S & S has advised me that service would be handled from West Springfield In view of the service factor, Mr. O'Connell felt that A. & H. Distributors' price of $ 13,000 represents the best value and recommended that the award be made to them; members of the former Board of Fire Com- missioners and Chief Spellman concur with him. The application has been filed for 50% reimbursement from the State under the Highway Safety Con- tract. Upon motion duly made and seconded, it was voted to award the bid for the purchase of an ambulance, as authorized under Article 42 of the 1970 Annual Town Meeting, to Ambulance & Hearse Distributors, Malden, Massachusetts, in the amount of $ 13,000. Referendum The Chairman informed the Board that a petition of referendum of Town Article 32 of the Annual Town Meeting, the remodeling of and construc- Offices tion of additions to the Town Office Building and the Police Building, lir V has been received and 668 names have been checked and certified by the Town Clerk The procedure will be to call the meeting and the statute says we cannot set the date beyond the two weeks after the call of the meeting, which is tonight. The recommendation is to set the meeting for April 27, 1970 Upon motion duly made and seconded, it was voted to set the date for the referendum on Article 32 of the 1970 Annual Town Meeting for Monday, April 27, 1970. Upon motion duly made and seconded, it was voted to close the War- rant for Monday, April 27, 1970 Upon motion duly made and seconded, it was voted to sign the War- rant for the Referendum on Article 32 of the 1970 Annual Town Meeting . Upon motion duly made and seconded, it was voted to set the hours for the polls at 7 00 A.M. to 8 00 P.M. on Monday, April 27, 1970. The Chairman informed the Board that a citizens' petition has been received, protesting the narrowing of Massachusetts Avenue to widen the sidewalks; by doing this, there will be the elimination of parking spaces in front of the stores. The Chairman said that he had talked with these people and had told them this had been discussed many times and at public meetings the Sidewalks last five years. They said they were a little late but asked if they Lexington had the right to petition; they were informed they could petition Center This concept was accepted three or four years ago and has been dis- cussed since then and the Board voted to maintain the original concept. As you know, we put the curbing out to bid and the job is scheduled to start the day after the celebration of April 19. What is your thinking? Mr. Mabee suggested waiting until Mr. Greeley was present The Chairman said it was his feeling that although he had voted against the concept, we are too far along. Mr. Kenney said that we voted three to two for it and Mr. Greeley was in favor of it Upon motion duly made and seconded, it was voted to maintain the original concept and continue with the project in Lexington Center Upon motion duly made and seconded, it was voted to proclaim May I , Proclama- 1970 as USA Law Day and sign the proclamation. tion Upon motion duly made and seconded, it was voted to notify the Package Goods Stores to remain closed on Patriots' Day, April 20, 1970; ABC Motels and Clubs may serve alcoholic beverages during the usual hours. April 20 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor identification Card for Shirley Morlan, I .D Card 861 Massachusetts Avenue Upon motion duly made and seconded, it was voted to certify the Cert of character of Alfred C.A. Daniels, 21 Marrett St , who has applied for a Incorpora- Certificate of Incorporation, "Black Pilot Training Foundation, Inc." tion 6 The Chairman read a letter from the Committee on Responsibility at Request the High School requesting permission for an art show in front of the Visitors' Center on May 17, 1970 from 10.30 A.M. to 5 30 P.M. The Board agreed that Mr. O'Connell is to check this request and report back to the Board. The Chairman read a letter from the Town Celebrations Committee April 20 inviting the Board to participate in the parade at 7 00 A.M on April 20, 1970. The Chairman read a letter of resignation from Leon A. Burke, Jr. as Director of Guides. Guide Upon motion duly made and seconded, it was voted to accept, with Director regret, the resignation of Leon A. Burke, Jr. as Director of Guides. The Board agreed to request Mr Burke to continue as Director un- til a replacement has been appointed. Upon motion duly made and seconded, it was voted to re-appoint the Guides following as Guides of Lexington Re-appt. Marianne Harvell Peter Harvell Scott Collard David Cantor Water Upon motion duly made and seconded, it was voted to sign a water Abatement abatement for Percy H McNutt, in the amount of $ 17. 15, wrong reading. Mr. Kenney informed the Board that the Air Pollution Committee met last Wednesday with the sponsor of the Article in the Town Meeting Air Warrant to inform the members that the Committee will recommend that Pollution open burning in the Town will be completely restricted, effective to- Committee day. It was agreed to send a copy of the letter from the Air Pollution Committee to each member of the Board. Upon motion duly made and seconded, it was voted to grant per- Youth mission to the Youth Baseball Leagues to hold the annual parade on Baseball Saturday, May 2, 1970, at 130 P.M ; Chief Corr and Chief Spellman Parade are to be requested to supply a cruiser and a fire engine for the parade. At 8 00 P.M , hearing was declared open upon petition as follows "We the undersigned residents of Woburn Street and Leonard Road, hereby Moloy Dog request the Board of Selectmen to take action to rid our neighborhood of a vicious and dangerous dog, owned by Mrs. Moloy of Woburn Street. We feel this is necessary for the protection of our children and adults in this neighborhood," and signed by the following Robert A. Marasca 240 Woburn Street Mrs. Anthony Ferrari 24 Leonard Street Anthony Ferrari 24 Leonard Street Barbara Ferrari 24 Leonard Street V7 J Mrs. Edward Modoono 285 Woburn Street William White 289 Woburn Street Walter A. Coit 290 Woburn Street Mrs. Mary E. Farfaras 14 Leonard Read The Chairman explained that this is a legal hearing and requested the witnesses to rise and take an oath that the testimony given by them was, to the best of their knowledge, the whole truth The witnesses complied and the Chairman asked that they confine their remarks to specifics Mrs. Jean Morasca said that last spring she had started calling the Dog Officer practically every day. The dog always was around and growled at me even when she is trying to get up her sidewalk; yesterday and the day before, the dog snapped at us when we were on our bikes and we have to get off and walk it by the dog; this happened all last sum- mer, spring and fall . The Chairman asked if the dog had bitten her or the children? Mr. Morasca replied, no, not yet, does he have to bite me before something is done about it? The Chairman replied, no Mrs. Morasca said that he snapped at me and is forever net letting me get into the house. The Chairman asked if the dog is loose most of the time? Mrs. Morasca said that he is not tied or chained or in voice com- mand when around my area I have spoken to the Dog Officer, he has been to my house about thirty times and 1 believe d have even spoken to Mr. Kenney about it last summer. Mrs. Ferrari said that the first instance was when her husband was on his way to Countryside around the 12th of December and the dog bit him and they had to cauterize the leg at the hospital . The dog also comes up the read and you can't get out of your car with the, snarling and every time I go out I carry a can of Mace with me; I live five blocks from this dog. He also went after my daughter down Woburn Street and Mr. White and Mr. Shontag came out with a stick and Barbara could hardly get back to the car The only one bitten is Anthony; the dog gets after them when they get off the school bus; he is uptown and all over the place; he is loose all the time; he really snarls, no fool- ing around, you couldn't get close to him; he just comes out of nowhere and I wouldn't walk Woburn Street if you paid me. Mr. Kenney asked how long has the dog bothered you? Mrs. Ferrari said since December; he is at my yard all the time. Anthony Ferrari , Jr said that there is really nothing more to add; every time I would walk down Woburn Street the only thing I can do is kick him away The Chairman asked if his children chased the dog or threw stones? Mr Ferrari replied, no. Mr Greeley said that he was interested in Mr Ferrari saying be would kick him away; his experience is you don't get rid of a dog that way. 138 Mr. Ferrari said that he bit my leg. Mr. Greeley asked if he ignores him now? You don't kick at him new? Mr Ferrari replied, no. Bill White said that he lived at 289 Woburn Street and was sorry his wife couldn't be here; what I want to say is to report what my wife has told me. In the fall of last year, between September and October my wife reported that the dog chased our son into the house; en one Sunday afternoon, he chased the boy onto the porch about three times and every time he went back into the yard, he chased him. She tried to get in touch with the Deg Officer but learned he was in Arlington; on two or three occasions, the deg chased Henry, who is an emotionally disturbed child and I would hate to have him bitten by the dog as we would have problems. The dog still runs loose chasing cars. Our driveway is directly across from the driveway of the owner of the dog We are rather apprehensive of what might happen next summer. The Chairman said that you have been told that the Dog Officer is not available on Sunday? Mr. White said that this is the report my wife gave me. She called on the phone and whoever she spoke to said it was net possible to get the Dog Officer. The Chairman said that this is unfortunate because he is available. Mr. Kenney asked if the dog ever bothered him? Mr. White replied, no, or any of the other children; we have two other children I have seen the dog in the backyard and in the neigh- bors' yards but I have never had an encounter with him. Henry is II ' years old, in special class in the Bowman School and I am concerned of the passibility of the dog attacking some child on a bicycle and, as you know, if the dog charged, he might go onto the street We are very concerned about this. The Chairman asked if Mr. Colt was present. He was not. Mrs. Farfaras said that one night while lying on the couch, I heard a noise and I jumped up and ran to the porch and thank God I didn't open the storm door and here he is at the glass. When I empty the garbage, he snaps and growls. The Chairman asked if the dog had chased her? The Chairman said that we have received a letter from Mrs. Priscilla Stoddard, 262 Woburn Street Mrs. Stoddard said that she lives between where the deg lives and Leonard Read, I have a 13 year old son and coming back from Countryside one day on his bike, the dog bit him and we did not know who owned the dog. We have called the Dog Officer numerous times and reported the dog and to the Board of Health. We have to put the snowblower away as the dog won't allow us to use it. 1 fear for my 7 year old and fear for my son, along with Mr. White The Chairman asked if the Moloys paid the bill for the dog bite? Mrs. Stoddard replied, no, if my deg bit their children, I would pay. The Chairman asked if the Moley boy was disrespectful? 59 Mrs. Stoddard said that he swore at me and I have had to call the school principal and he has talked with him. He is 11 years old and has been cruel to my 7 year old daughter and the policewoman at the corner had to stop a cruiser to have him stop Mr. Greeley asked if her son had medical attention after the bite? Mrs Stoddard said that he had a tetanus shot the first time and the second time, she had called the Doctor and he said to wash it and it should be O.K.; the dog broke the skin and he was black and blue for some time. I have caught the dog tipping over my rubbish cans time and time again. Moloy children go to a family on Leonard Road so the dog goes through my backyard; my little girl won't go out in the backyard where she could ride her bicycle The Chairman asked if the Board had any questions? There were none. Mr. Frank Belcastro, Dog Officer, submitted his report to the Board. He said that there have been 17 citations against Mr. Moloy and fines of $ 170. The Chairman asked if they had been paid? Mr. Belcastro said they had not been; when he had made out the ci- tations, Judge Forte said that they were made out wrong. The Chairman explained that when the Dog Officer makes out the ci- tations, he goes to court and the court informs the defendent; in this case, the Dog Officer did this and was told they were wrong and they are- to be re-issued. Mrs. Morasca said that she has a 6 year old who has learned to freeze when the dog comes near her What is the leash law? Is this necessary? Other people have dogs and you never see them; the people across the street have one and I never knew it If we have a leash law, why come to this? I have a 2 year old. The Chairman said that our leash law specifically states that the dog has to be on a leash or within voice command; there is nothing that is given to the Selectmen to restrain the dog unless we go through this procedure. Mrs. Stoddard said that the state law said that if a person is bitten, the dog must be restrained for a certain number of days; I re- ported this and the dog was not restrained. I called the Dog Officer and told him that the dog was still out. Mr. Belcastro said that they say the children let it out. I went there and said that I had a complaint that the dog is loose and Mrs. Moloy said if you are so smart, you find him. They don't live together, they are separated. They did say they would get rid of the dog but it returned. The Chairman declared the hearing closed and the Board would take the matter under advisement and the witnesses would be informed of the decision of the Board Later on in the meeting, the Board agreed to request Town Counsel to draw up an order to be sent by the Board to Mr. Moloy and also to Mr. Nawoichik, as a result of the dog hearing held on April 6, 1970 J �)V The Chairman read a report from the Traffic Committee regarding the proposal by the Lexington Golf Club to install parking on their property north of Hill Street, approximately opposite 42-48 Hill Street. The report states that the proposed layout, including parallel parking along Lexington the north side of Hill Street and a two-row parking area on the Club Golf Club land are generally acceptable to the Traffic Committee in the location Parking shown on the plan. The width of the parking area should be increased from 60 feet to a minimum of 64 feet and the angle of parking stalls on the easterly side changed somewhat to facilitate entry. Mr McSweeney said that basically we felt, like the Board, that this is a private parking lot and it could be changed a little bit to conform and make it workable. Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Traffic Committee to accept the concept of the plan pre- sented by the Lexington Golf Club for the parking lot, with the recom- mendation of the following changes I The width of the parking lot be increased from 60 feet to 64 feet 2. The angle of the parking stalls be changed to 90° so that the parking will be more functional . Mr McSweeney is to discuss these two recommendations with the Lexington Golf Club. Mr. O'Connell informed the Board that he and Mr McSweeney had met Westview with Mr Kling regarding a master plan of Westview Cemetery, it is Cemetery urgent to get it done and would include the land the Town is interested in for the future. The Chairman read a letter from the State DPW, signed by Edward Doyle, denying our petition to install the underground conduit on Hayden Avenue. Hayden Ave The Chairman asked where do we go from here? Conduit Mr. McSweeney replied that we either re-petition or we have to go the route of the pole The Chairman asked, overhead? Mr McSweeney replied, yes; it is necessary that we do get back to them quickly The Chairman said that he will call the Commissioner tomorrow. Mr. McSweeney said that he was reluctant to re-petition, because we don't have anything new. The Chairman said that we will re-petition it. Mr. Kenney said that as a carryover from Town Meeting on street re- d quests, it is encumbent upon us to review how we go about this procedure, Street so that next year we can give them a concise answer; we should be able Procedures to say we took the entire matter and we did something Mr. McSweeney said that before the public hearing, the people that voiced an opinion the loudest were personally invited by telephone and they didn't show up at the informational hearing. 61 Mr. Kenney said that they are saying they would prefer to have design money Mr. Greeley said that what they are saying is, they want a chance to criticize your design. Mr. Mabee said they would like to approve three or four alternatives and make changes when they select; unless we modify, we are going to stronger opposition and we must make a distinct gesture Mr. O'Connell asked if they aren't specifically concerned with an exact and final location of the street as to the lines within the right- of-way? Mr. McSweeney replied, yes. Mr. McSweeney said that these people are genuinely concerned until they see the final plan; in final engineering, it may shift. Mr. Greeley said that he would like Mr. McSweeney to tell them the established standards when they take out a petition and tell them in filing the petition if they ask for modification of these standards, he will set up an informational hearing at the time they file the petition so we have a chance to go over it. Mr. William Whalon met with the Board The Chairman said that we have read your report on the regional re- fuse problem and were very impressed; you have done a fine job and we unanimously support your position Mr. Whalon said that it is a frustrating thing not to be able to come up with something very definite but, unquestionably, within 15 years there will be significant developments made. If there is some feasible Regional method of a way to do it by a district, it is now merely a board, if we Refuse come up with a good recommendation, we would submit the recommendation Board for an Article for the Warrant and a proposal that Lexington vote to join the regional district to consist of various communities involved and carry on under a form of agreement The Chairman said that would have to go to the townspeople The Board expressed its thanks and Mr. Whelan retired Upon motion duly made and seconded, it was voted to adjourn at 9 35 P.M A true record, Attest; of° -'' Executive Clerk, Selectmen f Vf 4r v Y SELECTMEN'S MEETING April 21 , 1970 I A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Tuesday, April 21, 1970, at 7:30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel ; Mr. O'Connell, Town Manager; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present Mr. O'Connell requested the Board to sign the notification in writ- ing the report to the State Department of Public Works, as prepared Chapter under Chapter 768, which verified the amount of money, $52,651 .29 Town 90 Meeting has appropriated; this is the actual money that the State will reimburse the Town for highway maintenance. Upon motion duly made and seconded, it was voted to sign the noti- fication in writing, as prepared under Chapter 768, verifying money,, in the amount of $52,651 ,29, for reimbursement from the State to the Town for highway maintenance. Mr. O'Connell reported to the Board that he had met with represent- atives of the Lions Club, the Public Works Department and Chief Corr Lions regarding a permit for the July 4 carnival . The Lions Club agreed to Club use the open area at Parker Field; he recommended that the Board recon- Permit sider the request for a permit, which had been pending. The Chairman said that the Board would like the hours for setting up and dismantling agreed upon and they would become part of the per- mit and, also, the trailers must not be in areas other than those specified. Mr. O'Connell said that the Lions Club agreed to set up in the area agreed on Mr. O'Connell requested the Board to authorize the fees for the boarding of dogs in the kennel on Wood Street. He recommended a fee of $5.00 for the first day and $2.00 per day thereafter that the dog Dog is held. The $2.00 fee is rather the accepted rate and is what the Fees County recommends and uses. The Dog Officer would keep a dog for ten days and if it is not picked up, it would have to be disposed of The Chairman asked if we do this, does our liability change at all? Mr O'Connell replied in the negative. The Chairman asked if we get paid from the County now? Mr. O'Connell replied that if the dog officer retains the dog for ten days and then sells the dog, the County reimburses the Town for the ten days board at $2.00 a day. If the Dog Officer gives the dog away, we can't collect from the County The Chairman asked if there is reimbursement from the County if we keep a dog for only five days';: Mr. O'Connell said that the owner would pay us I CI r The Chairman asked if all of the mechanics had been worked out? Mr. O'Connell repliedthat they were; the •Dog Officer turns the money over to the Town Treasurer Upon motion duly made and seconded, it was voted to approve the following fees for dogs, as recommended by the Town Manager: I A charge of $5 00 for the first day. 2. A charge of $2.00 per day for each day thereafter that the dog is held. Mr. O'Connell said that a request had been received from the Marine Corps League for a parade on June 20, 1970, to start around II 00 A.M. at the Barnes property to the Green, where a memorial ser- vice would be held for all deceased Marines and a flag ceremony. There will be members of the Marine Corps League, a group of twenty- five young Marines and a drum and bugle corps. They request an exchange of flags as they would like to present an American flag to be raised on the flag pole at the Green. They ask that the flag now Marines flying be given to them to be included in the Marine Corps Hall of Ceremony Flags in Quantico It was agreed that Mr. O'Connell is to make arrangements for a substitute flag to be flown at the Green and exchanged during the Marine ceremony. Upon motion duly made and seconded, it was voted to grant per- , mission to the Department of Massachusetts Marine Corps League for a parade to start at the Barnes property to the Battle Green and to conduct a memorial service and flag raising ceremony on June 20, 1970 at 11 00 A.M Upon motion duly made and seconded, it was voted to grant the request of the Boston Edison Company for "Leave to Withdraw" the Bedford St petition, dated January 26, 1968, for six poles on Bedford Street, as Poles shown on Plan 43-AP dated December 21 , 1967 The Chairman read a letter from the Lexington Commission on Sub- urban Responsibility informing the Board that two members have re- signed, Mrs. Jean Christensen, representing the League of Women Voters, and Mr Gerald McLeod, representing Route 128 industry LCSR requested the appointment of replacements as soon as possible. Also, the appointment of two high school students to regular membership on LCSR the commission The Chairman said that their resignations should have been sent to the Board of Selectmen. Mr. Greeley recommended that the Board ask the League of Women Voters for nominations to replace these members. We had one student on the commission but she is graduating this year and was not re- appointed, we could contact her and ask her to make arrangements for nominations from the student government It was agreed to request three nominations, each, from the League of Women Voters and Route 128 industries. The Chairman and Mr O'Connell will talk with Route 128 industries and Mr. Greeley will take care of nominations from the high School student government. Upon motion duly made and seconded, it was voted to increase the membership of the Lexington Commission on Suburban Responsibility to include two students from the high school Mr. Frank Sandy met with the Board The Chairman said that he had received a copy of a letter Mr. Sandy had written to Mr. O'Connell , Town Manager, in which Mr Sandy explained his reasons for supporting the referendum on the Town Office Building. The Chairman read an excerpt from Mr Sandy' s letter, as follows "As you know, I opposed the plans for the office building last year because I thought that a disinterested group such as the Perma- nent Building Committee should have control over the design and I opposed the construction this year because I felt that the price was excessive and the Selectmen's committee did not give adequate consider- ation to use of the Cary Memorial Building for meeting space. Since I am as fallible as the next Town Meeting Member, I normally oppose the seeking of referenda except in extraordinary cases As was shown here, it is not hard to obtain a referendum and utter chaos would re- sult if each factionof the Town Meeting sought one whenever it lost a fight. However, in this case, the Chairman of the Selectmen and Mr. Sandy some of his supporters in the Town Meeting have already indicated their intentions to seek a second referendum on the Junior High School in September. I believe that there is a direct conflict of priorities between these two projects and if the school must be submitted to the voters again, I feel that the office building should be also. If the office building is defeated and resubmitted to a later Town Meeting, I would probably still oppose it if the plans were unchanged. How- ever, assuming the school has passed by then, I would not support a second referendum on the office building " The Chairman informed Mr. Sandy that he is entitled to his opin- ion and reasons for a referendum but his concern is that Mr. Sandy flatly said the Chairman of the Board of Selectmen has intentions to seek a second referendum on the Junior High School in September. He asked Mr. Sandy if he would like to explain what he means by this and who specifically gave him this information. Mr Sandy said that he didn't feel like naming names but he was told this. He did not make this public information but had written to Mr O'Connell and did not write it to the newspaper. The Chairman said that he has heard from several sources, besides the letter, that Mr. Sandy has made this statement, and these sources are reliable. He said that Mr. Sandy and his sources are wrong What- ever people tell you about any public officials, especially this Board of Selectmen, you should give them the courtesy of finding out the truth. You, or your friends, are certainly not acting in the best I Aon interests of the Town by accepting rumors as the truth and not finding out if it actually is. I em available, as any member of this Board is, and would be very happy to face these people with yourself and have them justify their statements to you. If they had any concern or loyalty to +he Town, they would come forward and get the matter straightened out Unless they do this, you are going to have to ac- cept the fact that they were not telling the truth. Mr Sandy said he apologized, if that makes a difference. The Chairman said that he supported the plan money at Town Meet- ing but he also said he had some questions about the plans but was sure they could be resolved with the Building Committee. Isn't that what I said? Mr. Sandy said that he remembered the Chairman said that the Selectmen were unanimously in favor of money for the plan but be- lieved it was something else he had said about the plan, but he didn't know beyond that He had heard that the Chairman said this is worse than the original one because it doesn't contain expansion facilities and would seek a referendum The Chairman said that he had said to the School Committee, pub- licly, and to the Building Committee that he felt they were wrong in taking out the expansion capabilities. You have no right to put this in a letter and keep the rumor going If you want to be for a refer- endum, it's all right for you to do so. Mr Sandy said that he had not publicly stated that; it was only in a letter to Mr. O'Connell . Mr. Kenney said that some of the proponents for this office build- ing referendum somehow keep saying there will be a referendum on the Junior High School . As chairman of the Town Office Building Committee, he is getting sick of people calling up saying, either the Junior High or a referendum on the building He didn't support the Junior High referendum the last time either Then you come out with a letter. Mr. Sandy disagreed that this is it. For the major part, he thinks the Town is spending too much money. They may be against spending, but you are not giving them a choice and many are against paying a higher tax. By having a vote on the Town Office Building, he felt it was more wasteful not to let the people have a vote. Mr. Kenney asked if he was saying we would have a referendum if it passed? Mr. Sandy said that the decision was made before - between Town Meeting and when the referendum started. The Chairman asked him why be did not come in and ask us? Mr. Sandy said that because he thought if it was not tor publica- tion, he didn't think you would tell it to me. The Chairman asked Mr. Sandy why not bring the fellow in to say he had made a public statement; you say he told you and won't say who he is because this is in confidence. Mr. Sandy said that he said you made the statement but .I. didn't' have to say who divulged it He has stated it to Mr. O'Connell who is perfectly free to take what he has said and make his own decisions; he 111 is capable of listening to you or to me and capable of making a decision 66 The Chairman said that if this fellow had the best interests of the Town at heart, he would come to me. Mr. Greeley said that an important point is, if you or some people you talk with, feel the attitude of the Chairman of the Board of Selectmen, in regard to the referendum is an important factor, then it is important for you to recognize that the Board has no intention of supporting a referendum; he wished Mr. Sandy would revise their estimate of what is important on the basis of the information he now has and it is up to Mr. Sandy to recognize that he was writing to Mr. O'Connell on the basis of misinformation and will now revise it Mr O'Connell asked Mr. Sandy what was his point in writing him and mentioning this statement? Mr Sandy said that the purpose is, he feels Mr. O'Connell is one of the people strongly in favor of the office building and has been helpful to him in gaining information, both Mr. O'Connell and Miss McDonough, and said in the past that a referendum is an irre- sponsible means of Town government because they give the voters a choice on only one issue and not given a choice on the other issue tied in on it. I was not involved in discussions and feel that ref} erenda do not serve a useful purpose. On the referendum on the high school , the voters were against a high tax rate and this year, he feels the voters should be given a choice. The Chairman said that no one has any objection to it; he had talked with Dr. Madoff and had helped him and no one is standing in the way of any referendum Mr. Sandy asked if the Chairman was saying he was in favor of a referendum or not? The Chairman said that he was saying at this time he has no intention of getting a referendum on the Junior High; you have your rights for a referendum, but don't drag me into it; you have no basis, no one knows how I feel about the school building. Mr Sandy asked if the Chairman believed Mr. Buse and Mr. Michelson have no intention? The Chairman said that he didn't know about them. He intends to meet with the Building Committee within the next two or three weeks and tell them how he feels. You have no right to write this letter. If anybody had the best interests of the Town at heart, just come before me and I would be happy to talk with them, because this is not my position. Mr. Kenney said that he didn't think anyone could make up their minds; he didn't support the last one; it bothers me to hear about a referendum on the Junior High or the Library Mr Sandy said that he thought it is a poor way to go. Mr. Greeley said that Mr. Sandy presents good reasons against the way the referendum is being used but it seemed to him that, un- intentionally, Mr. Sandy has been playing into the hands of the people using it. I would hope we could all help to keep the threat of a referendum out; therefore, to speculate openly as to whether so and so is going to put out a referendum is inviting trouble. 67 I strongly suspect some people are talking about it but hope there is a possibility it could be talked of as little as possible You have asked if we knew of people plotting a referendum. Mr Sandy said that he had said that Mr Busa was specifically planning a referendum and I asked the Chairman if he thought it was true about Mr. Busa The Chairman said that you referred to me and my position in the Town if I was against the Junior High, at this point I would have voted against the plan. Mr. Sandy said he thought that the Chairman didn't like the plans The Chairman said, no plans exist; he had supported the plan money but intends to talk with the Building Committee about the final plans. Mr Sandy asked why he didn't tell Town Meeting what his objec4. tions were and, in September, you oppose for that reason. The Chairman said that giving my reasons at Town Meeting would have accomplished nothing; the people that want to hear them are the Building Committee For anyone to make a statement about my position, he should have justification; you have none; any other issue is sec- ondary Again, if you and this fellow have the interest of the Town at heart, call me and say that in front of me and see if he will say it I would be very happy to do this We don't want you to change your vote or mind on the referendum Mr. Sandy said that he had written to Mr. O'Connell; you are the one that brought it out in open meeting, not me. Mr Greeley said that Mr. Sandy knows one person, maybe more, and we would appreciate it if you would correct that with them Mr. Sandy said that this reached you other than in the letter. Mr. O'Connell said that it reached the public domain prior to the letter; the disclosure of the content of the letter is not what made this public. Mr. Sandy said that he wants to say he is not advertising this publicly His personal reason for seeking a referendum is that he thinks the town office is extravagant, it should have been designed by the Permanent Building Committee. He has had sources Convince him there would be a referendum on the Junior High in the fall Mr. Kenney asked how do we organize against that rumor? Nobody has come out and said so and so publicly stated he will have a ref- erendum and yet people who are proponents of this referendum are using that The Chairman said that there are probably six or eight reasons that come back to this office, and personal reasons against myself; each time I called them and asked them the reasons why and each one denied it; each one involved me as a person and each one denied it. This is why I asked you to bring this person in and get it pquared away. Thank you for coming in and, if there are any questions of any member of this Board, come directly to us and we will answer any question you want. Mr. Sandy asked if he is correct in understanding the Chairman is opposed to a referendum on the school in the fall? ti The Chairman replied that he has no feeling at this point on the referendum. The last time he signed the petition paper and voted against it. Mr. Sandy asked, as of now, are you not committed to a referendum? The Chairman said that he has no feeling about the fall . Mr. Sandy retired from the meeting. The Air Pollution Committee met with the Board. Mr. Kenney said that the Air Pollution Committee recommends that outdoor burning be Permitted only under exceptional conditions of un- due hardship or special circumstances, such as a diseased tree that must be destroyed. An exception may be granted only if in the opinion of the Fire Department, it is warranted. Authorization for an except tion will be in writing and must be supplemented by telephone permit on each day of burning. As already established, no fires will be permitted during period of air pollution alert or when other condi- tions of hazard or nuisance exist He said that essentially the com- mittee is recommending that the Board adopt a policy of completely restricting open burning in the Town with a small escape clause for certain unique situations which would require approval of the Fire Chief. The Chairman asked how he felt this restriction could be accom- plished? Mr. Kenney replied that under the rules and regulations we now operate, we would have the authority. Air The Chairman asked if he was asking for a vote of the Board to Pollution only issue permits under these conditions? Committee Mr. Greeley said that Mr. Kenney' s point is that we are respon- sible for the issuance of permits through the fire department now and we have the right to control . Mr. Legro said that the fire department is now issuing burning permits under the policy of the Board of Selectmen. Mr. Kenney said that no permits are being issued now. He be- lieves that very shortly the State will Issue a regulation that will not permit open burning of any combustible material including, but not limited to, refuse as defined in their regulations. Rather than go through written permits, we might as well go the way the State would force us to go, anyway Mr. Mabee asked why we should do it now, why not wait if it is only going to be a short period before the State regulation? Mr. Sing said that we don't have to change any By-Law to do what we are asking We are saying we would like to see you estab- lish a policy until the State comes out with the regulation around July I ; the period between now and July I is spring cleanup time Mr. Eisenberg said that public hearings are being held new and this would require promulgation and issuance; when the Attorney General signs it, it will become a law without any further publica- tion. He had last heard they might hold up outdoor burning because some communities might not be able to cope with the problems re- sulting. I Mr. Mabee asked what advantage it would be to the Town to put down on paper and try to enforce a rule which would later be adopted by the State? Mr. Eisenberg said that there is a considerable amount of burning in the Town and he personally felt it was a hazard to his health Mr. Mabee felt there would be more of an impact if we coincided with the State. Mr. Adams of the Minuterman said that there would have to be a considerable amount of publicity on it and we are going to have to pay Deputy Wardens to go around and stop it. Mr. O'Connell felt that even if Lexington said, tomorrow, we would want to go ahead and do it, these problems might not make it effective before July I To make it readily effective, the State is counting on municipalities doing the enforcement. There would have to be visual detection of violation of controls and this would call for some planning and some money and equipment allocations, which would need careful study. The Chairman said that if we adopted this and someone lights a fire, what is the penalty? Mr. Sing said that under Chapter 48, Section 13, the fine is $400 for burning in an open area without a permit. They have never had a conviction but last year there was better than 150 warnings given by the Fire Department. Mr. Bailey asked if there would be any hardship on the part of the Town? Mr. Eisenberg said that there are not enough enforcement officers in the Department of Public Health Mr. Mabee recommended that the issue be given to the Town Manager to study how it could be implemented, he would need to enforce it, how much money it would be, and to come back to the Board within five or six weeks and make a specific proposal . We don't want to go into this too soon and we need an effective date on when this would begin. Mr. Kenney asked if the Board could adopt the intention right now? Mr. Bailey objected and said that he would prefer to look to July I because we may be faced with it then and we will try our level best to enforce it if it is the law; and this would give Mr. O'Connell time to study it Mr. Adams said that they would have to make a study of a disposal incinerator as there would be many telephone calls on this and will have to end up by having to get a municipal disposal . Mr Sing said that it would have to be a regional one as no town could afford one Mr. O'Connell said that if you say you cannot burn, we give them disposal problems which we cannot cope with The Chairman said that we can see the problems coming and agree we should look at it and see what is the best way to approach it Mr O'Connell said that he could report back to the Board in a month The Chairman asked him to came back as soon as he can. Mr Greeley added that the report should state how soon Mr. O'Connell felt it could be implemented, we don't want to get involved in posting a regulation we can't implement. Mr. Mabee was solidly behind the intent. It was agreed that Mr. O'Connell is to report back to the Board within a month The Air Pollution Committee retired from the meeting. Upon motion duly made and seconded, it was voted to go into Exe- Executive cutive Session for the purpose of discussing, deliberating or voting Session on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person After discussion of matters 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 10.05 P.M A true record, Attest A;J Executive Clerk, Selectmen Cf/ �L. I 71 `` SELECTMEN'S MEETING April 27, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building on Monday evening, April 27, 1970, at 7 30 P.M. Chairman Cataldo, Messrs Mabee, Kenney and Bailey were present Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Legro informed the Board that he had prepared a draft order on the Moloy dog, according to the vote of the Selectmen on April 21, 1970 He read the order, "Upon complaint in writing to the Selectmen of the Town of Lexington concerning a black and brown mongrel shepherd dog owned and kept by you at 292 Woburn Street, Lexington, Massachusetts, the Selectmen have investigated and caused to be investigated such complaint, including an examination on oath of the complainants at the public hearing held on April 13, 1970, and have determined that said dog, whose name is unknown to the Selectmen, is a nuisance by reason of vicious disposition and hereby order that said dog be removed from the Moloy & Town of Lexington within twenty-four (24) hours from the time of the Nawoichik receipt of a copy of this order by the owner of the dog; that until Order such removal said dog be restrained to the premises of said owner; and that from and after the time at which said dog is required by this order to be removed from the Town of Lexington, neitfiier the owner nor any other person shall permit said dog to return or be brought back to the Town of Lexington." He said that he had also included a reference to General Laws Section 158 of Chapter 140 which states that "Your attention is called to the requirements of Section 158 of Chapter 140 of the General Laws of Massachusetts which provides as follows "Any police officer, constable or dog officer shall kill a dog which the selectmen of a town, chief of police of a city, or the county commis- sioners, or, upon review, the district court, shall have ordered to be restrained if such dog is again found outside the enclosure of its owner or keeper and not under his immediate care, and may kill a dog which is living in a wild state." The Chairman explained that the Moloys are separated, but the dog is registered in the Clerk' s office as being owned by Mr. Moloy Mr. Legro said that this order should be sent by registered mail to James J. Moloy and a copy sent to his wife; either the owner of- keeper fkeeper of the dog is liable by statute. Mr. Legro said that he would prepare the order on the Malay and Nawoichik dogs and send it to the Selectmen' s Office tomorrow morning Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Light Horse Club to use Willard' s Woods for a Horse horse show on June 14, 1970 at Willard' s Woods, subject to the usual Show restrictions of the Superintendent of Public Works r72 The Chairman read a letter from David McGavern, President of the Community Nursery School , 2325 Massachusetts Avenue, requesting a connection to the Town sewerage system. Community Mr McSweeney said that he had looked into this and the Health Nursery Officer says that they should connect There could be an extension up Massachusetts Avenue, just below Nickerson Road, and there would be two other properties serviced. There is sewerage to 2318 Massa- chusetts Avenue and there would be about 423 feet left to build; it would run about $9,000 and would complete Massachusetts Avenue. Mr. McSweeney said that another request has been received and this is from Green and White for the lot off 68 Pleasant Street; this Randle would be about 120 feet and would be an extension of the line on Edwards Watertown Street to this lot, the cost would be $4200 and the better- ment is $701 53; there is a history of ledge. The Chairman said that we had talked about hooking onto the sewer on Mason Street through an easement to the back property line. Mr. Green was going to look into it and come back and see the Board. Sewer Mr. Green was informed that with all of the other requests we Priorities have, this would be at the bottom of the priorities. We should ask Mr McSweeney to list all the requests and assign priorities The Board agreed that Mr. McSweeney is to list all requests for sewer connections and assign priorities. The Board agreed to answer Community Nursery School and Randle Edwards, owner of the lot at 60 Pleasant Street, and inform them that the requests for sewer connections will be evaluated and as- signed: priorities according to the available monies. The Chairman said that we have asked the Traffic Safety Com- mittee for several recommendations on letters received from various people. The Board received a petition last January to have one-hour Traffic parking signs placed on Hibbert Street in East Lexington, because of cars being parked all day and obstructing the driveways. The recommendation of the Traffic Committee is not to restrict parking on Hibbert Street to one hour as no problem appears to exist and the enforcement would present difficulties all out of proportion to the possible benefits. Hibbert The Chairman said that Mrs Bagelman, owner of the Drug store Street at Massachusetts Avenue and Hibbert Street, calls here periodically to complain of the parking situation. Mr McSweeney said that he had been there three times and there were two cars at the drug store; if we restrict either side, we re- strict the residents. After discussion, the Board agreed to recommend to the Chairman of the Traffic Committee that he schedule a meeting with Mrs. Bagel- man and go over the whole issue with her The Chairman said that a letter was received from James Cosgrove of 128 Hartwell Avenue asking that speed signs be posted on Hartwell Avenue The Traffic Committee reports that this is not possible since the State DPW does not permit posting except on streets subject to Hartwell special speed zone. Avenue Mr .Kenney asked if there were many accidents there? Signs Mr McSweeney said that the rate was high at Hartwell Avenue and Bedford Street. The Chairman asked if there was any way this street could be posted? Mr. McSweeney replied, not at the present time. The Chairman said that Mr. Clancy of the Lexington Cab Company wants to relocate and add taxi stands The Traffic Committee recommends a 3-cab stand in front of the Bamboo Hut and opposes a 3-cab stand in front of Itek with the recom- mendation that Mr. Clancy negotiate with Itek to use three spaces to the right of their parking lot entrance next to the railroad spur. The Committee opposes a 3-cab stand in front of Brewster' s as there is no safe adequate location; also, opposes a 3-cab stand between 1844 Massachusetts Avenue and Clarke Street as this area can be Lexington served by a 6-cab stand in Depot Square; also, recommends the dis- Cab Co. continuance of the stand across from Town Offices now that the cab company office has moved to 1844 Massachusetts Avenue. The Chairman felt that the Board could grant a 3-cab stand at the Bamboo Hut on a year' s basis, to see how it works. Upon motion duly made and seconded, it was voted to establish a 3-cab stand in front of the Bamboo Hut, the location to be deter- mined by the Town Engineer. Upon motion duly made and seconded, it was voted to discontinue the cab stand located across from the Town Office Building on Massa- chusetts Avenue. The Chairman said that the Traffic Committee requests approval of a detailed study plan by the Town Engineer of the following possi- ble improvements in the center, Lexington Center I . Make Edison Way two-way from Depot Square to the back of the parking lot next to the Craft Cleaners and rearrange parking, incl0d- ing recommendations for the rearrangement of parking on private prop- erty to facilitate circulation. 2 Move the bus stop from in front of Lexington Federal to in front of the library next to the Clark Street junction. 3. Move the mail boxes and the bus stop from near the entrance to theo d ' T wn ffices parking lot to near the exit from the horseshoe drive in front of the Town Offices Edison The Board agreed that the Traffic Committee look into the propo- Way sal for Edison Way in depth Bus Stop The Board agreed that the Traffic Committee study the proposal Move - to move the bus stop to the Clarke Street junction and to study al'I Clarke St. the bus stops in the Center A letter will be written to the Cary Memorial Library Trustees for a recommendation on the move. The Board agreed that the study of moving the mail boxes from Mail the front of the Town Offices be held and done in conjunction with Boxes the traffic pattern of the Town Office complex. The Board discussed Tax Title lot 42 Valleyfield Street The Chairman said that the Board had voted on July 29, 1968 to sell this lot to S Anthony DeVito, 2 Priscilla Lane, Waltham for $4501 , plus taxes, betterments and recording fees. Mr DeVito never paid for the lot and last week he started filling it in Mr. O'Connell talked with him and wrote him a letter directing him to open up the drainage ditch serving this property which has been blocked by fill and that no further fill shall be dumped on this lot nor any other use made of it. Mr O'Connell said that he apparently is doing a construction job somewhere and has the fill and put it there. The Chairman recommended that the Board rescind the vote to sell the lot and if the Board sees fit to sell it, we put it out to Orders of bid again. Street Mr. O'Connell agreed. Takings Upon motion duly made and seconded, it was voted to rescind the vote of July 29, 1968 to sell Tax Title lot 42 Valleyfield-FarmhuEst Section 4 to S. Anthony DeVito Upon motion duly made and seconded, it was voted to sign the Orders of Taking for the following streets, with an award of no dam- ages Angier Road No damages Mason Street No damages Augustus Road Oak Park Circle Blinn Road " " Paddock Lane " Bloomfield Street " " Saddle Club Road " " Carol Lane " " Shaw Place " Diamond Road " " Vaille Avenue Emerson Road " " White Pine Lane Hickory Street " " White Terrace " " Upon motion duly made and seconded, it was voted to sign the Orders of Taking for the building line on Massachusetts Avenue and Wallis Court, with an award of damages as follows Owner Address Parcel Damages, S & A Realty Trust 1654-56 Mass. Ave A $ 800.00 Ella Brehm 1640-44 Mass. Ave. B 1600.00 Mass. Ella Brehm I Wallis Ct C 300.00 Ave. & Jean P. Conley 3 Wallis Ct. D 100.00 Wallis Ellwood C. Barrett 5 Wallis Ct. E 100.00 Ct John J. & Jean D. Shanahan 6- 8 Wallis Ct F 150.00 Wendell H. & Mildred P. Burgess 2- 4 Wallis Ct. G 150.00 Associated Estates Inc. 1628-32 Wass. Ave. H 1300.00 Edgar J. & Catherine M. Thivierge 1620 Mass. Ave. I 150.00 The Chairman read a letter from the Mayor of Cambridge expressing thanks for the help of our Police force on Wednesday, April 15, during the fracus at Harvard Square. The Chairman read a letter from the Board of Assessors setting the Tax Rate 1970 tax rate at $65 00. 1970 The Chairman informed the Board that in March we had a request from Mr. & Mrs Ronald B Goldner, 27 Rockville Avenue, to purchase lot #40 Rockville Avenue, which abuts their property, with the intention of preserving it as a green spot and not to use it as a building lot This request was referred to the Planning Board and a letter has been received from them recommending against the sale of this lot at Tax Title this time because of the study being conducted of the possibility of Lot #40 using fax title lots as sites for scattered subsidized housing and, Rockville also, lot #40 is large enough for this purpose, 14,400 square feet. Upon motion duly made and seconded, it was voted to accept the recommendation of the Planning Board not to sell lot #40 Rockville Avenue and to so inform Mr. and Mrs. Goldner Mr. Legro informed the Board that he had received a letter, dated BN April 23, 1970, from Mr. Fish of Bolt Beranek and Newman saying he had Hadden contacted their counsel , Roger Evans, and assured me that we should re- y ceive the option by the end of the week. Avenue Mr. Kenney said that the Board should schedule a meeting to award the contract for the Town Office Building Special The Board agreed to meet on Friday morning, May I , 1970, at Meeting 8 30 A.M. to award the contract for the Town Office Building . 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 secur- 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 9 13 P.M. , A true record, Attest j L) Executive Clerk, Selectmen 76 SELECTMEN'S MEETING May I, 1970 A special meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Friday morning, May I , 1970 at 8 30 A.M. Chairman Cataldo, Messrs. Mabee, Kenney and Bailey were present; Mr O'Connell , Town Manager; Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Mr O'Connell requested the Board to award the contract to A. Bonfatti & Co., Inc., 100 Access Road, Norwood, Massachusetts, in Award the amount of $868,032.00, for the remodeling of, and construction of Contract additions to the Town Office Building and the Police Building. We Town Office will meet with Mr. Bonfatti and go over with him the proper prepara- Building tion of what he must do Upon motion duly made and seconded, it was voted to award the contract to A. Bonfatti & Co Inc. , Norwood, Massachusetts, in the amount of $863,032 00, for the remodeling of, and construction of additions to the Town Office Building and the Police Building. The Chairman informed the Board that a request has been received Memorial for a memorial service to be held on Saturday, May 2, 1970, at 8 00 Service A.M on the Battle Green for a former Lexington resident who was killed in Vietnam, Lt Terrance Ryan, and for the flags to be at half-mast for the day. The Board had no objection. Upon motion duly made and seconded, it was voted to adjourn at 8 35 A.M. A true record, Attest ✓�� Executive Clerk, Selectmen I 77 SELECTMEN'S MEETING May 4, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, May 4, 1970, at 7 30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr Burke, Superintendent of Public Works; Mr. McSweeney, Town Engi- neer, and Mrs. McCurdy, Executive Clerk were also present. At the request of the Town Clerk, three jurors were drawn as follows Jurors Jack A. Arnow 8 Thoreau Road Ronald M. Feinberg 7 Hathaway Road Norman R. Maclnnes 37 Normandy Road Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduit on Hartwell Avenue. Notices of the hearing were mailed to the petitioner, owners of the property as listed on the petitioner' s plans and also filed with the Town Engineer. Mr. Robert Dunn, representing the Telephone Company, was present and explained that this petition was to provide service to two new Under- buildings under construction on Hartwell Avenue At the present ground time, we have a manhole but if we build a manhole in front of Hew- Conduit lett-Packard Co. we can service the two new buildings; we will con- Hartwell struct this manhole over the existing conduit. He understood that Avenue this work would all be done on the grass plot The Chairman declared that part of the hearing closed. The Chairman asked if anyone was present in favor of the petition. Mr Mike Murphy was recorded in favor No one appearing in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following location Hartwell Avenue In front of Hewlett-Packard Company sidewalk area one manhole, 54/I19A, to be built over existing conduit From new manhole 54/ II9A, southwesterly and then easterly, approximately 440 feet of underground conduit From new man- hole southwesterly, approximately 140 feet of underground conduit. The Chairman informed the Board that on March 23, the Boston Edison Company had petitioned for underground conduit on Waltham Street and the Board voted to take it under advisement until :an answer 78 was received regarding poles in front of 758 Waltham Street. Mrs. Underground L'Antigua was recorded in opposition at that hearing until this Conduit situation was cleared up Waltham St. We have received a letter from the Boston Edison Company that the equipment has been transferred to the new pole and the old pole removed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following Location Waltham Street, approximately 96 feet south of Blossomcrest Road, a distance of about 55 feet - conduit. The Chairman read a letter from James Collins, Welfare Direc- tor, asking for approval of a transfer of $600 from the Bridge Bridge Charitable Fund to pay for needy children at summer camp. Charitable The Chairman said that the Trustees of Public Trusts have re- Fund quested that the names of the children be included in the request. Transfer Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts for a transfer from the Bridge Char- itable Fund in the amount of $600 to pay for needy children at summer camp, Mr. Collins will be requested to supply the names of the children to the Trustees of Public Trusts. Upon motion duly made and seconded, it was voted to grant per- Permit mission for a procession from the Masonic Temple, Bedford Street side, to the Church of Our Redeemer on June 7, 1970 at l045 A.M. Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Field and Garden Club to hold the annual Permit plant sate on Thursday, May 21 , 1970, at 10 00 A.M. to 12 N. on the Buckman Tavern grounds, subject to the usual restrictions of the Superintendent of Public Works. Mr Greeley asked how many times the Buckman Tavern grounds could be used without hurting the lawn? Buckman The Chairman said that to the extent it is being used now, Tavern there is not that much damage, but if we receive many more requests, Grounds there might be considerable damage to the grass as it has recently been re-seeded. Mr. O'Connell is to check with Public Works and set up rules and regulations on the use of Buckman Tavern grounds. Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen's Meeting held on April 21 , 1970. The Chairman read a letter from Colonial Builders, Inc re- Colonial questing the approval of a sewer profile plan for Garfield Street Builders at the intersection of Hickory Street, and to grant permission to connect to the Lexington sewer system, in accordance with an at- tached plan and by licensed drain layers. The Chairman read a memo from the Town Engineer stating that he finds the proposal acceptable from an engineering standpoint but Garfield Street is a private way and the Town is an abutter to the proposed easement located in Garfield Street. The legal ramifica- tions of a project of this nature should be clarified by Town Coun- sel . We are corresponding with Town Counsel to resolve these questions and to establish a legal precedent to follow in the event that similar situations arise in the future. He enclosed a map showing the proposed easement and the limits of the public way Mr. Legro said that this is something that has been pending for several years; there are problems with owners getting the neces- sary easements and a problem with the sewer on Hickory Street by the subdivider. The Chairman addressed Mr McSweeney and said that as he under- stood it, they had to get the necessary easements. Mr. McSweeney said that the manhole is at the intersection of Hickory Street and Garfield Street and it would be feasible; the question comes on the easements and the right to be in the street. They say in their various letters that they own the property but the one piece they don't own, they have the right from the owner to sewer all these properties and have an agreement with them and will file for the necessary grants and easements, but Mr Legro will say whether they have the right to build it in the 40 foot right of the street and grant it as a utility easement Mr. Legro said that one of the questions is whether they own the fee or have easements in the street, so they can grant them The Chairman asked if they want to go up Garfield to Hickory? Mr. McSweeney replied in the affirmative. The Chairman said that the Town owns two lots across the street; how could the owner say they could grant us the easements3 Mr McSweeney didn't knew how they could, either. Mr. Legro said that is one of the questions - whether they do own it to the center line of the street. The Chairman asked how we could get it resolved? Mr. Legro said that it is their burden to show that they do own it The Board agreed that Mr. Legro is to draft a letter for the Chairman's signature in answer to Colonial Builders. The Chairman read a letter from Ronald Feinberg, 7 Hathaway Road, stating that due to the building of new homes on Brent Road by Castoldi Construction Company, the water table in the area has Feinberg risen to a point where homes in this area are not getting water in Basement basements. Originally, a culvert was supposed to be built under Water Brent Road to allow the water to go from the left side of Brent Road into the brook on the right side and this was never done; if it had, he thought this would have solved the problem. The Chairman said that a similar letter has been received from Robert Smith, 9 Hathaway Road Mr. McSweeney said that these areas are being surrounded by development of homes and the water is being trapped and there is no place for it to run off; the water table has come up do the last six to eight months in Lexington, and someone should have piped it They ,just buy the home and how the sills are finished off is left to the discretion of the builder. Mr Greeley felt we ought to be pretty careful before we make statements, as serious engineering statements, that you have to expect the water table to rise when you increase develop- ment; he didn't agree with Mr. McSweeney. They say in their letters if steps had been taken to improve the runoff and cite the culvert, we ought to be sure to say correcting the natural water courses won't help it. Mr McSweeney said that he is saying there are no water courses there and if the sills were high enough plus if they had contoured their finished land, they should have made provisions to take the water away This is a typical problem, they talked of a sidehill drain; we don't have anything in our regulations, no sill or, in some cases, driveway elevations There is no relationship between construction of the road and the lots; that has nothing to do with us. Mr. Greeley agreed it was a good point; he thought it had something to do with the Planning Board. Mr. Kenney said they are .b'leigring, this on Casto i d i ; that was practically a swamp and there were no water problems earlier. Mr. McSweeney said there was no enforcement after these people come in with developments The Chairman said that Mr. Feinberg says he has been writing in for two or three years Mr. Kenney said that the fact is, their houses were not properly raised with the street Mr. Mabee asked if it could be corrected? The Chairman said that Mr McSweeney has made this recommend- ation to the Planning Board. Mr. Greeley said that there is no natural course that leads away from them so the only way is for them to go into the storm drainage system. Should we investigate the possibility of clean- ing out that brook? Mr. McSweeney thought we answered the question of the culvert. The brook does need cleaning. The Chairman asked if it was the feeling of the Board to ask the Town Manager to have the brook cleaned? Mr Greeley suggested that it be looked at to see if it needs it Mr. Mabee suggested that they ask the Town Manager, Town Engi- neer and the Health Department to revise our regulations so that houses are not to be built that way. Mr. O'Connell felt it was a most serious matter and ought to be pursued. ' 81 Mr Greeley said that he would refer to the Planning Board the problem of revising the regulations on sill elevations. Upon motion duly made and seconded, it was voted to instruct Mr. O'Connell , Town Manager, to have the brook at Hathaway Road and Brent Road cleaned Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the liquor identification card for Maureen I .D. Card Campbell, 8 Grandview Avenue. Upon motion duly made and seconded, it was voted to sign: the Auctioneer Auctioneer's license for John Brucchi , 63 Paul Revere Road. License The Chairman read a letter from the Town Manager recommending the approval of the Board of Selectmen of the appointments to the Board of Board of Health and Conservation Commission. Health Upon motion duly made and seconded, it was voted to approve, under Chapter 753-Town Manager Act, the appointment of Dr. Charles E. Appt Ellicott as a member of the Board of Health for a term expiring on Board of April 30, 1973 to replace Dr Charles Colburn. Health Upon motion duly made and seconded, it was voted to approve, under Chapter 753-Town Manager Act, the appointment of Dr. Howard M. Kessler as a member of the Conservation Commission for a term ex- Conservation aiming April 30, 1973, to replace Frank H. Totman; also Francis W.K. Commission Smith as a member of the Conservation Commission for a term expiring April 30, 1973 The Chairman said that we have an appropriation of $45,000 to purchase part of the Steeves' property on Utica Street, authorized by Town Meeting for general purposes. At that time, it was 10 9 acres at $4,000 an acre We had a survey done and found it to be 11 .5 Transfer- acres. We are $ 1 ,000 short to consummate the acquisition and have Steeves' to request a transfer of $ 1 ,000 Land Mr Kenney asked if that would be enough for legal fees? Utica St. The Chairman said that we will have to come back when the papers are finally passed and we need a tax adjustment figure Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer in the amount of $1 ,000 for the purchase of the Steeves' land on Utica Street Mr Kenney informed the Board that he had been approached by the proponents of the minority group regarding the Town office building, to come up with an adequate program after the contract is signed and Minority to set up a meeting with LCSR, Mr Michelman and me to discuss a pro- Group posal If this proposal took a little money, would we consider going Town Office back to Town Meeting? We didn't know what we were going to ask, but Building certain people in Town are looking for some sort of concrete step Without the program right now, it is so nebulous and amongst ourselves we could set up a program. 82 The Chairman said that you have to take the approach that you can't wait for a Fall Town Meeting. The Board agreed that Mr. Kenney would meet with the Town Manager, Mr. Greeleyand Mr. Michelman to discuss the proposal , 9 P oP and meet with the contractor after the contract was signed. Mr Greeley asked if anything had been done about the appoint- LCSR ments to the Lexington Commission on Suburban Responsibility? The Chairman said that the appointments will all be made at the same time 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 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 sign the Steeves' Order of Taking as authorized by the June 3, 1968 Town Meeting, Land Article 9, for playground purposes; with an award of damages based on the area as shown on the plan, at $4,000 an acre, in the amount of $46,000 Upon motion duly made and seconded, it was voted to sign the Steeves' Order of Taking for Conservation land, as authorized by the March Land 18, 1968 Annual Town Meeting, Article 69; with an award of damages based on 16.7 acres in the amount of $66,800. Whitman & Upon motion duly made and seconded, it was Voted to sign the Howard contract between the Town and Whitman and Howard, subject to the Contract corrections to be made by Town Counsel . Upon motion duly made and seconded, it was voted to wire the Governor that the Selectmen are gravely concerned about Bill S- 1282 Bill and recommend that he veto this ill-considered piece of legislation S- 1282 for arbitrary rates of compensation for Police and Fire Chiefs as percentages of pay of full time staff members Upon motion duly made and seconded, it was voted to adjourn at 9 30 P.M. A true record, Attest 40.4,4,... --)2 0/1 Executive Clerk, Selectmen %9461. L. SELECTMEN'S MEETING May II, 1970 A regular meeting of the Board of Selectmen was held in the Select- mens's Room, Town Office Building, on Monday evening, May II, 1970 at 7 30 P.M. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr. O'Connell , Town Manager, Mr Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer and Mrs. Chisholm, Acting Clerk, were also present. At the request of the Town Clerk, two jurors were drawn Jurors Charles Proctor 12 Welch Road James P Donovan II John Poulter Road Mr. Zehner met with the Board He said that he had received bids on $750,000.00 to be borrowed in anticipation of taxes and recommended that the Board award to the low bidders. 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 authoriza- tions to the following banks Lexington Trust Company on $500,000, 4.23% discounted Treasurer First National Bank of Boston on $250,000, 4.36% discounted Mr. O'Connell read a letter of request from the Lexington Arts and Crafts Society' s Ceramic Guild for permission to hold a one-day sale of pottery on the lawn of the building at 130 Waltham Street, Permit Saturday, June 13, 1970. In the event of rain, the sale to be held inside the building. The Board felt that this is their own property and this is merely a request to sell The Board had no objection Mr. O'Connell read a letter of request from the Committee of Responsibility which had previously been tabled, due to the fact that more information was needed before permission could be given for an art show He said that he had investigated this Committee and it was for the Medical Rescue of Vietnam Children. Mrs. Nancy Houghton is the Executive Secretary for New England, registered with the Attorney Permit General' s Office for more than three years. There is a branch loca- ted in the High School , Lester Landers is the sponsor. The purpose is to bring Vietnam children to Boston hospitals. All were in favor of granting the request with the usual re- strictions that we do not allow signs to be displayed. Upon motion duly made and seconded permission was granted to the Committee of Responsibility to hold an art show on land in front of the Visitors' Center on May 17, 1970, 10:30A:i4.-•5 30PA.-rein date, May 24, 1970, subject to the conditions of the Superintendent of Public Works; also, subject to the restrictions that no signs be posted. Mr. O'Connell requested that permission be granted to Captain Paul E Furdon to sign the payroll in the absence of the Chief of Police Police. Upon motion duly made and seconded, it was voted to authorize Captain Paul E Furdon to sign the payroll in the absence of the Chief of Police. Mr. O'Connell requested the Board to sign the contract be- tween the Town and Whitman and Howard for engineering services for Sewer miscellaneous sewer work. Contract Upon motion duly made and seconded, it was voted to sign the contract between the Town and Whitman and Howard for engineering services for miscellaneous sewer work Mr. O'Connell submitted the contract with A. Bonfatti & Co., to sign for the Town Office Building and Police Station. He said that everything is now in order. We will hold the documents for Town Counsel's review. We have on file the approval of the Emer- Bonfatti gency Finance Board for both portions of the contract. Brewer & Contract Lord had signed the builder' s risk certificate requirement from Mr. Bonfatti He said that all the documents are in order and four copies are prepared for Mr Legro. Upon motion duly made and seconded, it was voted to sign the contract with, A Bonfatti & Co Inc., Norwood, Massachusetts, in the amount of $868,032.00, for the remodeling of, and construction of additions to the Town Office Building and the Police Building. Mr. Adams and Anne Scigliano of the Lexington Minute'manfuet with 111 the Board, at Mr. Adam' s request. Mr. Adams said that he wanted to discuss the happenings over the past week end The Chairman said that he appreciated the fact they called Mr. Adams to lay the facts before the Board. Anne Scigliano read a letter from Janet Keeping, 13 Sunny Knoll Terrace. The Chairman asked Mr O'Connell to comment on the letter because he was primarily involved in the situation. Mr O'Connell said that there was a communication problem due to a misunderstanding . I had been given the impression that permission had already come from the Board of Selectmen to dis- tribute literature and it was just a matter of giving permission for the location of the table; thinking this, I told Miss Keeping that they could set up a table on the Town parking lot on Massa- chusetts Avenue between Trani ' s Liquor Store and the Lexington Food Market Mr. Greeley said that you told her that she could put the table on the parking lot This was a reasonable misunderstanding as to the location of the table. The Chairman said Mr O'Connell didn't realize it was Town policy that it required Board approval to set up a table on the sidewalk or any other Town property under the jurisdiction of the Selectmen. It was at this point that I instructed the Chief of Police to have the table removed; and I explained the policy to Mr. O'Connell . 85 Anne Scigliano said that the policy should be made clear and put into the newspaper as to the permission being given by the Board of Selectmen for such requests. The Chairman said that the policy of no tables on the sidewalks is enforced and policed unless the Board of Selectmen specifically vote permission. Mr. Adams referred to the Arts and Crafts show on the Green and asked why a table had been set up? The Chairman said, unfortunately, Mr. Greeley granted permission when he had no right to, Mr Greeley didn't understand the policy of the Board. Mr. Adams asked what is the policy? The Chairman said only the full Board can give permission for something like this. No one member can either grant or deny permis- sion. In general , the policy of the Board is rather open, each and every request submitted to us is taken into consideration upon the merits and conditions of each request. Rev Wells asked to be recognized He asked under what author- ity they assumed that privilege? He said that it is in violation of the First Amendment of the Constitution of the United States. He asked for clarification of the by- law, amendment or custom because questions of this nature come up at a time of emergency such as this one He asked that he be allowed to pursue the question further with Town Counsel . He said that we all be made to understand it The Chairman said that he should send us a letter setting forth his questions and we will answer it. Mr Greeley said these were two issues, placing tables on the sidewalks and the second - the First Amendment. Rev Wells said that we are denied the right to petition or place tables on sidewalks and public grounds. Mr. Kenney said no one is denied the right to petition He also asked who he thought had the authority to grant permission for the use of the sidewalks? Anne Scigliano said the other problem seemed to be in regard to the public address system for the Memorial Service on Friday and would like clarification. She said there is an article in the paper saying there was a special meeting of the Board Thursday night and permission had been granted for the use of the Green with a podium and public address system. The Chairman said there was no special meeting of the Board of Selectmen on Thursday night Mr. Greeley and Mr. Kenney just happened to be in the Town Hall on other business. Rev. Wells and Rep. Cole came in to see if he could arrange for the use of the Green. I came in later. Mr. O'Connell said he had no knowledge before this for use of the Green. He said that he had received no request for the Green before this. Mr. O'Connell said that his office received a call late Thursday morning, May 7th, from Rev. Lilly requesting a podium and he advised him that he did not know if the Town had one but would find out. There was no discussion concerning the public address system. He said that this after-hours request for a Memo- rial Service on the Green to be held on Friday was given every consideration in all possible ways and every effort was made to accommodate them. The Chairman said I had come in later in the evening and that is when the three of us discussed the situation; and at this point the discussion also included Mr O'Connell . Rev. Wells said he would like to cast some light on the facts. At 10-30 in the evening of Wednesday, he had just returned from Washington and was informed that a lot of things were happening in the Town as a result of the four students who were killed at Kent University and that this crisis be met by calling a meeting immed- iately with the Clergy, Father Casey, Father McCabe, Father Moloy, Pete Clarke, Alan King and advise Rabbi Bernat we were holding a meeting to hold a Memorial Service and assumed it had been ap- proved by the school officials. I was called by Mr. Greeley Thurs- day night and told we would be supplied with a podium and a loud speaker system. It was my understanding that sound equipment was available until I received a call from the Town Manager at 10.30 Friday morning advising that the Town did not own the sound equip- ment. The High School did not know where they could get the loud speakers He said that at a time when our nation is in grave danger and our young people concerned, there is a great need for cooperation even on such short notice. Mr. Kenney said that we had attempted to cooperate in every way Mr. Mabee said we have always cooperated, a point is made by the fact that Mrs. Cormier had permission to go on the Green Sun- day. We are not putting obstacles in your way, we did act with prompt action. The Chairman said that Rev. Wells and I have had an under- standing regarding the Council of Churches. I explained to him many times, the request had to be in writing As far as 1 am concerned any request from the Council of Churches has to be in writing because of history. Rev. Wells said where is the response from the Town on the great need of the students? Mr Williams asked if on October 15th, the day of the Mora- torium, did the Town have a P.A. system or not? The Chairman said the P.A. system was rented for that day. On October 15th, it cost the Town $3,000; the question is, where do you stop spending money? Mr. Greeley said there is a lack of communication within the Town government that needs improving for the good of the citizen. The Chairman said that is not true; there is good communica- tion In this case here there was no request from any one for anything except for a podium. The communication is good within the Town because as you say, the request was finally made, thought- fully considered and granted to you to the extent it was possible... Rev. Wells said it did not happen because of the cooperation of the Town; thank you very much. 87 The Chairman said that he would have to take very strong exception to Rev. Wells remarks and attitude. The Town and the Board of Select- men have bent over backwards to cooperate and had granted them every request with the exception of the P.A system. What Rev. Wells doesn't take into consideration is the responsibility that the Town has to ac- cept other than granting them their wishes. We have the full respons- ibility of the safety, protection and security of all our citizens during these affairs and in my mind, we accept it and implement it very well . Again, I would say that Rev. Wells is completely out of order with his attitude. Rev. Wells retired from the meeting The .Chairman read a letter from the Board of Selectmen of Arlington This is Senate Bill #1142, authorizing the M.B.T.A. to float a bond is- sue in an amount up to $300,000,000; and requesting support of surround- ing towns to support this bill . MBTA Mr. Kenney said that it is a desirable measure, but there is no clue to the implication as to what it is all about, we should know The Chairman asked how the Board felt about it and we should talk with Lincoln Cole about the matter concerning the whole program Mr Greeley was in favor. Mr. Kenney said that in principle - we support it The Board agreed that Mr O'Connell should draft a letter. The Chairman read a letter from the Mystic Valley Gas Company re- questing permission to locate a 4" high pressure welded gas main in Grassland and Valleyfield Street Mr. McSweeney recommended it be approved subject to usual permit Mystic requirements, plus a construction schedule. Valley Motion was made and duly seconded, that the request of the Mystic Gas Valley Gas Company be approved, subject to usual permit requirements, Permit plus a construction schedule to locate a 4" high pressure welded steel gas main in Grassland and Valleyfield Streets Upon motion duly made and seconded, the Board voted to approve Minutes the Minutes of the Selectmen' s Meeting of May I , 1970 Mr. Kenney said that he had some comments on the Town Office Build- ing and Police Station construction. He had two pieces of information on the situation, none of which were in our favor We are to experi- ence 13 months of inconvenience, the contractor feels that the Town Office Building must be completely cleared out before he can begin; the same holds true with the Police Station. He feels that it would be better to do both of them at the same time, it is the least expensive Town way to do the work We could delay it 10 to 12 weeks by moving out Office the Police Station last but it is not the best way. Building Mr. O'Connell read the recommended office relocation plan with the possible alternatives that could be incorporated and trailers that could be interchanged for one department or another. He discussed the vault situation and the possibilities for use in this emergency. 88 The Board concurred with one exception that upon Mrs. McCurdy's return she should look over the space assigned to the Selectmen' s staff. Mr Kenney said that we are shooting for June 1st, wont change major plan The Chairman said that the Agenda closes on Friday noon and that this petition came in this morning. The Chairman read the following letter "We are writing this letter to you concerning the lowering of flags in Lexington to half mast in mourning for the four students killed at Kent State University Although some may not think it is the concern of Lexington, we feel it is the concern of the whole country You may consider it too late to lower the flag to half mast, but it is never too late to show grief for tragic deaths. This day would not only be in mourning for the Kent State deaths, but for all people killed on campuses, in ghettoes, in Vietnam, and all the premature deaths caused by hate in all the world. We are not demanding the lowering of the flag, but making a re- quest asking that you do not consider our petition as much a protest Klebanoff but rather a concern for the situation in this country. We would Petition like to further suggest that this coming Memorial Day be enlarged to Flags mourn these deaths we have mentioned. We realize that there are some children's signatures on the petition, but this should only further show everyone' s deep concern and the hope and need for action We further request that you vote on this. matter today, May II , 1970, and no later, for it is impor- tant to set an example and do something now. Thank you very much for your cooperation." Mrs Klebanoff, mother of Peter, said she was here to seec:that the petition received proper recognition as she was interested in bringing up her son with proper democratic ideologies. Mr. O'Connell said this young man and some others came into my office in a manner that would not reflect upon their conduct and inquired about a petition I explained to them what the requirements were to bring the matter before the Board of Selectmen The time table being such, we were not in a position to act on it and further to give the facts in a letter. Mrs Klebanoff asked what he meant by that remark? Mr. O'Connell said that he would go into that later He said that Peter had told him that his father said that the letter would never get to the Board, they would say that they had never received it. The Chairman said that if the father feels that way, he should come down here and state that is his attitude. I 89 Mrs. Kdebanoff said that actually the petition had last all its original meaning in that it was intended for the Memorial Services held on Friday; they find themselves in a meaningless position today. She said she could not recommend it now, it is too late. Mr. Kenney said that every time there is a death if would be dif- ficult to lower the flag. The Chairman said it could be incorporated in the Memorial Day Service and asked what is the Board' s feeling? He read the letter again. It was agreed that the letter and petition would be submitted to the Town Celebrations Committee to be incorporated in some special manner that would have meaning in the Memorial Services to be held on the 25th of May. It was recommended that they should come back to the Board for consideration on next Monday night and further, there should be a way of giving the request identification with emphasis on the second paragraph of the letter and we will follow it through. Upon motion duly made and seconded, it was voted to adjourn at 9.25 P.M. A true record, Attest >jd Acting Clerk, Selectmen 1 I 90 SELECTMEN'S MEETING May 18, 1970 111 A regular meeting of the Board of Selectmen was held in the Se- lectmen' s Room, Town Office Building, on Monday evening, May 18, 1970, at 7 30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present Mr. O'Connell , Town Manager; Mr. Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Hearing was declared open upon the petition of the Atlantic Richfield Company for license for below ground and above ground stor- age at the premises located at the northerly corner of the intersec- tion of Lowell and Woburn Streets A notice of the hearing was inserted in the May 7, 1970 issue of the Lexington Minute-man and sent by certified mail to the abutters, as listed on the records of the Assessors. Application was approved by Chief Spellman of the Fire Department Mr. C.E. Dwyer, Operations Supervisor of the Atlantic Richfield Company was present and explained that this application is for an ad- ditional 8,000 gallon underground tank to increase the storage to 24,000 gallons from 16,000 gallons of gasoline presently approved. His company will support President Nixon and the Secretary of Health Gasoline to try to clear up the atmosphere by coming out with unleaded Baso- Hearing line which they could start selling by September I , if given the word. We have been one of the first major oil companies to cane out with this program. We told Detroit that we would be able to furnish this unleaded gasoline if they could build cars for it and they said that they could, many of the 1971 models coming out on September I will be built and designed to burn this new gasoline. Therefore, we are asking for the additional 8,000 gallon underground tank for unleaded gasoline. The Chairman said that this would exceed the maximum amount we have set in the past but, with justification, we should consider it. No one was present in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Atlantic Richfield Company to install an additional 8,000 gallon underground gasoline tank on the premises located at the northerly corner of the intersection of Lowell and Woburn Streets, Lexington; to issue a new license as follows to grant permission to keep, store and sell 24,000 gallons of gasoline, 550 gallons of waste oil and 550 gallons of fuel oil , all in underground tanks; 1 , 155 gal- lons 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 in cars stored in lubritorium garage. 91_ Mr. McSweeney said that we have received a request from Mark Lichtenstein, 9 Augustus Road, for permission for a private drain to be connected to the public Town drain, Augustus Road has been ac- cepted as a public way and he recommended approval of the Board to allow this connection as it would solve Mr. Lichtenstein's problem, if he keeps his drain cleaned out; it would come from the back of Mr. Lichtenstein' s property Mr. Kenney asked if we would have any obligation? Mr McSweeney replied that we would not, Mr Lichtenstein would give us the necessary papers covering this. Mr. Greeley asked if our storm drains are designed to take the water if many other adjacent lots want to do this also? Lichtenstein Mr McSweeney replied that the drains in subdivisions could Drain take the water. Mr. Greeley told Mr McSweeney that he wanted to be sure that we are not setting a damaging precedent by doing this. Mr. McSweeney assured him that we are not; if Mr. Lichtenstein is willing to pay for it, it will be fine. Upon motion duly made and seconded, it was voted to grant the request of Mark Lichtenstein, 9 Augustus Road, for a connection of a private drain from the back of his property to the Town drain, sub- ject to the usual fees and restrictions Mr. McSweeney showed a plan to the Board of a new proposal by the State DPW for Route 2A, Route 128 and proposed Route 2; he showed the entrance into National Park - it formerly was a 4- lane highway with interchanges and they now propose to end this road; he showed a new road with an entrance at Massachusetts Avenue, which would be turned over to Lexington and Lincoln; also an alternate road, paral- lel to Route 128 and said it would service Route 2; it leaves the access for Forbes Road and Hartwell Avenue as it now is Mr. Greeley asked how we would get to the National Park from Route 2A Route 128? Mr. McSweeney replied, at Route 2. Mr. Greeley said that this makes much more necessary the new Connection to Hartwell Avenue Did the DPW imply they would put this in? The Chairman replied that if they accept the concept in Haverhill , this will be the next one. The Chairman asked if thislan should be shown to Honeywell and P Y Lexington U'nn? After discussion, it was agreed that Mr. McSweeney is to ask Honeywell and Lexington Inn for their comments on this proposal , giv- ing no position of the:Boar'd of Selectmen. He is also to talk with the Planning Board under the same conditions Mr. McSweeney informed the Board that bids had been opened today on the sewer lateral ; 16 bids were received and 9 were under the ap- propriation. The lowest bid was received from McNeice Corporation, 8 Fencourt Road, Canton, in the amount of $132,500; the, Engineer' s estimate was $ 178,000. These bids will be reviewed. c1 bid Mr. O'Connell informed the Board that permission had been granted to the United Synagogue Youth to conduct a Walk-a-Thor along a speci- fied route in Lexington on Sunday, May 17, this was cancelled due to Permit heavy rains and they are requesting permission for Sunday, May 24, under the same terms Upon motion duly made and seconded, it was voted to grant per- mission to the United Synagogue Youth of Brookline to conduct a Walk-a-Thon on Sunday, May 24, 1970, along a specified route through Lexington to the Minute Man, with the stipulation that no picnicking is allowed. Mr O'Connell informed the Board that he had talked with Mr. Old Stolz of Brewer and Lord regarding liability at the old "res" . Under "Res" the existing Town policy, the Town has no coverage and Mr. Stolz does not recommend it The Board discussed, separately, the letter submitted by Peter Klebanoff and Daniel Gil , and the petition also received requesting that the flags of Lexington be lowered to half-mast in mourning for the four students killed on the Kent State University campus The letter states that this day could also be in mourning for all people killed on campuses, in ghettoes, in Vietnam, and all the pre-mature deaths caused by hate in all the world. It further sug- guests that Memorial Day be enlarged to mourn these aforementioned deaths The Chairman said that the Town Celebrations Committee had been asked to comment on this request and a letter has been received from Request to them stating, in general , that the purpose of Memorial Day includes Lower Flags many causes and no one cause is emphasized in the ceremonies con- ducted on that day. After discussion, the Board agreed to deny the request by letter and the petition. Upon motion duly made and seconded, it was unanimously voted to deny the request of Peter Klebanoff and Daniel Gil to lower the flags in mourning for the four students killed at Kent State University. Upon motion duly made and seconded, it was unanimously voted to deny the petition received by the Board of Selectmen to lower all flags in mourning for the four students killed on the Kent State University campus. Upon motion duly made and seconded, it was voted to adopt the following resolution The Board of Selectmen and many other residents of Lexington are deeply concerned at the recent continuing violence in this coun- try and in the world as a whole On Memorial Day, we will honor those who lost their lives in the service of this country. The Board feels that it is appropriate, during these extraordinary times, to. honor those who have lost their lives in the ghettoes, on college campuses, and in continuing armed conflicts -- in short, those who I 93 are dying because of the pervasive lack of good will everywhere around us. The Board therefore declares that the flag over the Lexington Battle Green shall fly at half mast not only on Memorial Day, Monday, May 25, but also on the sabbath days of the majority of Lexington residents, Saturday, May 23 and Sunday, May 24. Upon motion duly made and seconded, it was voted to authorize the Chairman to certify the character of the following who has applied for Cert. of a Certificate of Incorporation lncorp. James E. Collins 14 Curve Street "Massachusetts Public Welfare Conference, Inc " The Chairman read a letter of resignation from Rev Richard W. Lund from the Drug Advisory Council, effective immediately. Upon motion duly made and seconded, it was voted to accept, with Resigna- deep regret, the resignation of Rev. Richard W. Lund from the Drug tion Advisory Council . the Chairman asked Mr Mabee to submit a recommendation from the Drug Advisory Council for a replacement. The Chairman read a letter from the Alcoholic Beverages Commis- sion regarding the rules and regulations for Memorial Day, May 25, 1970. ABC Upon motion duly made and seconded, it was voted to accept the recommendation of the Alcoholic Beverages Commission that Package Goods Stores remain closed on Memorial Day, May 25, 1970; Motels and Clubs are not to re-open for the sale of liquor before 12 N. on Memo- rial Day, May 25, 1970 Upon motion duly made and seconded, it was voted to sign the orders for construction of sidewalks, with an award of no damages, on the following streets Bloomfield Street Sidewalks Downing Road Grant Street A summer schedule of meetings of the Board of Selectmen was dis- cussed and it was agreed to meet on the following evenings Wednesday, June 3 Monday, July, 13 Monday June 15 Monday, July, 27 Monday June 29 Monday, Aug. 10 Monday, Aug. 24 The Board agreed to send a letter to Mrs. Lois Brown giving her direction as a recently appointed Lexington representative on the MRCP Metropolitan Area Planning Council . 94 The Board agreed to accept Mr. Kenney's recommendation to send a 9 P Y telegram to Senator Ronald MacKenzie expressing our concern that the Police and Governor' s veto of Bill S- l282 be , u held as the establishment by the upheld, Fire Chief' s Legislature of arbitrary rates of compensation for Police and Fire Bill Chiefs as percentages of pay of full time staff members represents fundamentally poor municipal administration as well as a clearly un- warranted usurpation by the Legislature of a prerogative previously assigned to the municipal government The Board unanimously urged his support in upholding the Governor' s veto of this ill-considered piece of legislation Upon motion duly made and seconded, it was voted to adjourn at 845PM. A true record, Attest _ ( Executive Clerk, Selectmen I 95 111 SELECTMEN'S MEETING June 3, 1970 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Wednesday evening, June 3, 1970, at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney and Bailey were present. Mr Legro, Town Counsel , Mr O'Connell , Town Manager, 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, two jurors were drawn, as follows Jurors Harvey D. Duffy 26 Philip Road Alan M. Binder 13 Emerson Gardens Hearing was declared open upon the petition of the Sun Oil Com- pany for license for below ground and above ground storage at the premises located at 301 Massachusetts Avenue A notice of the hearing was inserted in the May 21 , 1970 issue of the Lexington Minute-man and sent by certified mail to the abut- ters, as listed on the records of the Assessors. ' Application was approved by Chief Spellman of the Fire Depart- ment. Mr. Richard W Bunzel , representative of Sun Oil Company and also the owner of the land, Peter J McDonagh, informed the Board that this application is for an additional 4,000 gallon underground tank to increase the storage to 16,000 gallons from 12,000 gallons of gasoline presently approved The present service station will Sun Oil be demolished and a service station of colonial design will be con- Company structed; it will be the only one of its kind in Lexington and will require special plans. They have a permit for a 275 gallon tank and would like to increase it to a 1 ,000 gallon tank to heat the building; also, to increase the drain oil tank from 350 to 1 ,000 gallons. They plan to use the existing gasoline tanks and install an additional 4,000 gallon tank which will be used for unleaded gasoline. Hearing no questions from the audience, the Chairman declared that part of the hearing closed. The Chairman asked if anyone was present in favor of the peti- tion? eti- tion? Mr Peter J. McDonagh was recorded in favor No one appearing in opposition, the Chairman declared the hear- ing closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Sun Oil Company to install an additional 4,000 gallon underground gasoline tank on the premises located at 301 Massachusetts Avenue and to issue a new license as follows L "ti To grant permission to keep, store and sell under Chapter 148, 16,000 gallons of gasoline, 1 ,000 gallons of waste oil , and 1,000 gallons of fuel oil to be used to heat the building, all in under- ground tanks; 800 gallons of motor oil, 300 pounds of grease, 400 gallons of anti-freeze and chemicals to be stored in metal con- tainers or steel drums on the premises. Mr Leon Burke, Director of Guides, met with the Board. He introduced John Hansen, Alice Pfaff and David A. Lavender, Jr. and informed the Board that they had successfully passed the examina- tion and qualify as a Guide of Lexington. He requested the Board to sign the Guide' s License for each. The Chairman welcomed them and said that as representatives of Lexington, we look to them to project the image of Lexington Guides while conducting visitors on a tour of the Green Mr Burke requested the re-appointment of Richard T. Gillespie. Upon motion duly made and seconded, it was voted to appoint the following as Guides of Lexington Alice Pfaff David A. Lavender, Jr. John Hansen Richard T. Gillespie - re-appointment Mr. O'Connell informed the Board that he had received a letter yesterday from the State Labor Relations Board stating that the Lexington Police Betterment Association has filed a petition asking for certification and representation as exclusive collective bar- gaining agent for its members. This notice advised us that the Lexington examiner will first come in and examine the employees records to Police make a determination if there is enough membership to constitute a Betterment valid request. The policy requires 30% representation by cards; Association the investigation has been assigned to John McLaughlin A hearing will be conducted and the only action required of the Board now is to designate representation at the hearing; they have supplied us with a form for this purpose. The Chairman said that Mr O'Connell and Mr Legro should go to the hearing. He asked if any date had been set? Mr. O'Connell said, no; the examiner will come in first and examine the records It was agreed that Mr O'Connell and Mr Legro are to attend the hearing when the date has been set. Mr O'Connell informed the Board that he had received a letter from Mr Burrell , Director of Defense, regarding the Lexington Dis- Disaster aster Control Plan The Board of Selectmen had adopted the plan on Planning September 8, 1969 but the committee was never constituted. He re- Committee quested the Board to appoint the members Upon motion duly made and seconded, it was voted to appoint the following members of the Lexington Disaster Planning Committee 97 Arthus E. Burrell, Chairman Civil Defense Department Donald K Irwin Building Inspector Robert C. Heustis Executive Health Director Thomas Wenham Assistant Superintendent of Public Works Lt. James J. Lima, Jr Lexington Police Department Deputy Chief Roy E. Cook Lexington Fire Department William P. Fitzgerald Fire Warden Mr. O'Connell informed the Board that he had accepted the resignation of Patrolman James Ahern, effective May 29, 1970. Police Authorization has been received from Civil Service to fill a va- Appoint- cancy that has existed Robert F. Raposa, 87 Laconia Street, has ment accepted the appointment as Patrolman, effective June 15, 1970; he was the highest on the State Civil Service qualification list. Mr. O'Connell informed the Board that the water billing unit is to be moved next week to Cary Hall and requested permission for the water bills to be mailed two weeks earlier than usual; this would Water implement the move and the mailing of the bills. Later on, he would Bills like to investigate the staggering of the water bill over a great period of time. The Board had no objection to the water bills being mailed two weeks earlier than usual . Mr O'Connell reported that he had been forced to curtail the operation at the old "res" because of night vandalism. Late night swimmers had used the equipment platform for a diving platform and had been spinning the equipment over. We must do something beyond what we have been planning or these units will be ruined. The Chairman asked what is the status of the rest of the project other than the circulator? Mr. O'Connell replied that the fence is not up; there are two Old "Res" sanitary units ready but are not down because they would be damaged. The Chairman asked if there were any reports as to the damage to the circulators? Mr Burke said that the units are supposed to be water sealed and not to be submerged. We had three tie lines and sometime be- tween last night and this morning they had submerged them again. Mr. Gallagher, Chairman of the Recreation Committee, said that he had gone to the 'res' this morning and at 8 30 he had asked peo- ple to get out of the water; there was also a Sunfish there The pumps were in the right position and he suggested that, if it is possible, get those pumps out of there until we open and then follow the recommendations of the Town Manager. Mr Burke said that the units have to be installed and tests run; we have to make a dye test to see if the flow is to and from. Mr. O'Connell asked if he was assuming that the flow circu- lators would be used during the season? I Mr. Burke replied in the affirmative 98 The Chairman asked how long it would take to accomplish this? Mr. Burke said that he would have to check with Mr Cortell , who would contact the manufacturer The units would have to be removed and the wiring disconnected and would have to be baked out for five hours; it would take a couple of days. Mr Mabee asked why can't they make the die test for the pos- sibility of using it without the pumps? Mr. O'Connell said that Mr. Cortell is trying to locate the second unit in another area and test it in another location. Mr. O'Connell expressed a fear that the units might be severe- ly damaged In the late night hours when the lifeguards have left. Mr Gallagher agreed and said that when Mr. Cortell has them in the proper location, he feels, perhaps, we can figure out some means of covering Mr. O'Connell said that if we wait until the operating season to install , later we could install a heavy fence. The Chairman asked if ,theY operate it without the circulators, when would they open? Mr Gallagher replied, June 22nd. The Chairman felt they should take out the circulators Mr Gallagher said that if we cover them properly when they are located, it wouldn't cost $5,000 The Chairman said to take out the circulators and get them back in condition and proceed to open June 22 without them. If we can get them back in there, he could see no problem to hire somebody to protect them as the Recreation Committee has the money in the budget. Mr Gallagher said that to run a proper test, we should have the circulators in operation. The Chairman agreed but said, in the meantime, take them out. Mr. Gallagher requested that no parking signs be posted on Parking at both sides of Marrett Road and at the driveway to the "res" "res" The Chairman said that the Board will submit the request to the Traffic Safety Committee and ask them to take it to the State Department of Public Works Mr. O'Connell informed the Board that 16 bids had been re- ceived on the sewer contract and recommended that the bid be Sewer awarded to the lowest bidder, McNeice Corp., 8 Fencourt Road, Can- Award ton, in the amount of $ 132,500 Upon motion duly made and seconded, it was voted to award the contract for sanitary sewers to McNeice Corp., 8 Fencourt Road, Canton, in the amount of $ 132,500 Mr. O'Connell said that he and the Chairman had met with repre- DPW sentatives of the Department of Public Works' Union and an agreement Union had beeh reached by the parties on two language changes; the Union representative drew them up but the language was not quite accept- able to Town Counsel 99 It was agreed by the Board that the Chairman, Mr. O'Connell and Town Counsel would get together on the language to be inserted and they will come back to the Board Upon motion duly made and seconded, it was voted to grant permis- sion to the residents of Barberry Road to hold a square dance on Permit July 3, 1970 from 7 00 P.M. to II 00 P.M. - rain date of July 4, 1970. Upon motion duly made and seconded, it was voted to grant permis- sion to the residents of Dane Road and Foster Road to hold a block Permit party on Sunday, June 21 , 1970, from 5 00 P.M. to II 00 P.M Upon motion duly made and seconded, it was voted to grant permis- sion to the First Parish Church to hold Sunrise Worship Service and cookout breakfast - using their charcoal equipment - on Sunday, August Permit 2, 1970 from 7 00 A.M to 9 00 A.M at Willard Woods, subject to the usual restrictions of the Superintendent of Public Works. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meetings held on April 6, 1970 and May 18., 1970. Upon motion duly made and seconded, it was voted to authorize the Chairman to certify the character of the following who have applied for Certificates of Incorporation Cert of Incorp Robert L. Burke 231 Marrett Road "Just-A-Start" Mary L Fisher 12 John Poulter Road "Committee for a New England Bibliography" Upon motion duly made and seconded, it was voted to approve the request received from the Tax Collector to abate uncollectable ambu- Ambulance lance bills for 1968, in the amount of $227 00 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification Cards for the following Liquor Robert A. Norcross 50 Forest Street I .D. Dale C. Kilkenny 75 Bertwell Road The Chairman read a request from Jean Lariviere & Son to move a house from Lincoln Road, Lincoln, to 135 Wood Street. Mr Lariviere had posted a $5,000 bond for a previous house move and the bond is House still in effect Move Upon motion duly made and seconded, it was voted to grant permis- sion to Jean Lariviere & Son to move a house from Lincoln Road, Lin-. coin, to 135 Wood Street, subject to the restrictions of the Super- , intendent of Public Works and the Chief of Police. 100 Com. Vict. Upon motion duly made and seconded, it was voted to sign the License Common Victualler' s license for Minute Man Buffeteria, 316 Marrett Road The Board agreed to hold over the letter from the president of LCSR the League of Women Voters regarding three nominees for the Lexing- ton Commission on Suburban Responsibility The Chairman read a letter from Frank Michelman regarding the Selectmen' s policy on setting up tables on Town sidewalks The Chairman said that we do not have a written policy on sidewalks. Selectmen' s Mr Bailey said that he would like an opinion from Town Coun- Sidewalk sel Policy The Chairman said that he would not want to put Town Counsel through this. It is our policy that we consider any requests that come before the Board. Mr. Mabee agreed, but said that we haven't had anything that was ever published and thought the Board should publish one The Chairman disagreed; he felt the Board should tell them that it is a written request that comes before us and the Board takes care of it. We shall write a letter to Mr. Michelman to that effect. The Chairman read a letter from Randle Edwards, requesting an immediate extension of the Town sewer to serve his lot south of 60 Pleasant Street. The Chairman said that a month ago, this came before us as an application from Greene & White and the Town Engineer said that it would be $4200 to extend to his lot; it was our position to in- struct the Town Engineer to take all of these requests and compile them, and to recommend a list of priorities The Chairman had met Edwards' with Mr. Edwards and Mr. Greene and had explained our position, Sewer our money budget and priority problem. He has no health problem as it now exists. He had explained to Mr. Edwards that he could get it done by depositing with the Town Treasurer the amount of whatever it would cost; he would be charged and refunded a balance, if one The Chairman said that he had told Mr. Edwards that he was sure the Board would not assess a charge in lieu of betterments if he constructed the sewer himself; he didn't think he wanted to take that approach. He was also told that we would not be in a posisiton to act on it until October or November. Mr Kenney said beyond that, could we give him consideration for next year' s budget? The Chairman said that Mr. Edwards had said that he didn't want to wait that long. Mr. Mabee said that it was decided that we would consider these requests as a package. The Chairman said that he had explained that to him and the other high priorities, such as the Community Nursery What is the Board' s feelingon grantinghim a sewer tonight? 9 10: . Mr Baileysaid, absolutelynot. Mr Kenney moved that we deny the request. Upon motion duly made and seconded, it was voted to deny the re- quest Of Randle Edwards for an extension of the Town sewer to ser- vice Mr. Edward's lot south of 60 Pleasant Street The Chairman read a letter from Dr Singer of 48 Balfour Street stating that the recreation situation is deplorable, especially the swimming and tennis facilities, which are most outstanding for their inadequacies. Mr. Kenney said that we should write to him and point out that Dr Singer the Board consistently supports a $40,000+ budget It was agreed to write to Dr. Singer and explain that the Board fights for a recreation budget every year when they meet with the Appropriation Committee and Dr. Singer does not have, a clear picture of what the actual program and expenses consist of The Chairman read a report from the Dog Officer regarding com- plaints of barking dogs One is a mongrel Shepherd-Collie owned by John P. Carroll , 31 Allen Street, and the neighbors complain because the dog is barking during the night The Dog Officer has spoken to the Carrolls and has asked them to keep the dog in at night. The other is a St Bernard, owned by William B. McGonigle, 8 Spencer Street, and Mr. Hanson, 905 Massachusetts Avenue has written to the Carroll & Dog Officer six times about the dog being left in the garage with McGonigle the door open and the dog barks during the day. The Dog Officer has Dogs asked Mrs. McGonigle to keep the dog quiet and in the cellar. The Chairman said that once we have received a written complaint, we have to examine the complainants under oath. Do we want another hearing or can the Town Manager examine them under oath? Mr. Mabee Volunteered to get together with Mr O'Connell and examine the complainants. Mr. Legro said that it would be well to have a determination as to who the complainants are It was agreed that Mr. Mabee and Mr. O'Connell are to take care of the complaints against the Carroll and McGonigle dogs. The Chairman read a letter from the Winchester Realty Company offering the land owned by Marco Realty Trust near Winchester Drive, at a reasonable price, for the Green Belt The Chairman said that we have received reports from the Con- servation Commission, the Planning Board and the Town Engineer and Marco there is a question of ownership. He recommended, subject to the Realty thinking of Town Counsel , that a meeting be held with Mr Fitzgerald, Trust Manager of the Winchester Realty Trust, to discuss the offer and if in the final analysis they do own it, we would be interested in buy- ing it Mr Kenney asked if they have specified a price. Mr. O'Connell said that they are willing to offer a price. 102 Mr. Legro suggested that they get all the information they can, especially if we don't have a deed. It was agreed that Mr O'Connell is to set up a meeting with Mr. Fitzgerald of the Winchester Realty Trust and report back to the Board. The Chairman read a letter from Mr. Legro relative to a letter addressed to the Board of Selectmen and signed by Robert L. Fish, Treasurer of Bolt Beranek and Newman Inc., which is as follows "We hereby extend to June 15, 1970 the period within which the Town of Lexington may exercise the option granted to it by Edward H Hinds, Trustee, dated March 17, 1969, upon the terms and conditions set forth in the option, as modified by our letter dated February 27, 1970 to the Board of Selectmen, provided, and this extension is granted upon the condition that it is clearly understood that by the exercise of this option the Selectmen agree to grant to Bolt Beranek Bolt and Newman Inc. a permit to connect at its own expense to the existing Beranek & Woodhaven trunk sewer at such point within the land to be conveyed to Newman the Town as shall be approved by the Selectmen, which approval shall Option not be unreasonably withheld, and subject to the payment by Bolt Beranek and Newman Inc of a customary connection charge. If this option is exercised, Bolt Beranek and Newman Inc further agrees that, upon the installation of the sewer service to conduct to the Woodhaven trunk sewer, the sewer easement reserved in the land conveyed to the Town shall thereby be released except in a strip of land extending a distance of 15' on each side of the center line of said sewer service pipe, and Bolt Beranek and Newman Inc. hereby agrees to execute and deliver to the Town in form proper for record- ing any instrument necessary to evidence such release WITNESS execution under seal this 26th day of May, 1970 " Mr. Legro requested the Board to exercise the option and said that it will be mailed well in advance of June 15, 1970 Upon motion duly made and seconded, it was voted to exercise the option for Bolt Beranek and Newman, Inc granted to the Town by Edward H Hinds, Trustee, dated March 17, 1969 Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Lodge of Elks to use the Battle Green for a Permit flag raising ceremony on Sunday, June 14, 1970 at 9 00 A.M. to 10 00 A.M. The Chairman said that an invitation has been extended to the Board of Selectmen to attend The Chairman read a letter from Mr M Dankese, 87 Lincoln Dankese Street, regarding conditions in front of his property and in front Property of Temple Isaiah's parking lot. A report has been received from Mr Burke and he recommended that his department schedule the work on the grass plot area in front of 87 Lincoln Street after an asphalt curbing has been installed; the area to be loamed and seeded Also, that asphalt curbing be extended beyond this property along the frontage of the Lincoln Street Recreational Area He suggested that arrangements be made with Temple Isaiah to regrade the slope located along their frontage at the parking area to improve vision of vehicle operators traveling westerly on Lincoln Street; sight at this area can be improved to a degree but not to the degree that it will be total The Board agreed to write to Mr Dankese and inform him that there was a drainage problem in this area which would be corrected and as soon as this work is completed, Public Works is to schedule the reconstruction of the frontage area of 87 Lincoln Street and extend along the frontage of the recreational area Mr. Burke is to meet with Temple Isaiah to request they regrade the slope located along their frontage at the parking area The Chairman discussed the notice to be sent to all Boards and Commissions regarding Articles for Town Meeting He said that in the past, misunderstandings have arisen because of the practice of identifying property by its description and/or location but not mentioning its owner; property owners are unaware of the Article and Town Meeting members unsure of the Article's effect Therefore, in order for any Article to be considered proper to be inserted in the Warrant Warrant, all agencies of the Town are instructed to include the Articles name of the listed owners, in addition to the custofary description or other identification date, in the text of the Article. Any Arti- cle not drawn in this manner will not be inserted in the Warrant Mr Legro said that we are still including the Assessors' map reference and the owner' s name The important thing is to locate the parcel so that everybody who reads it can tell where it is Ownerships change and he was afraid of the emphasis being put on the name of the owner because the name can change. The Chairman said that the Articles that came in on Conserva- tion, he couldn't recognize Mr. O'Connell said that he would work with the Conservation Commission for a more organized procedure, such as an early written notice. Many people recognize more by way of the owner than by location The Board agreed that the letter regarding future Articles in the Warrant would be sent to all Boards and Commissions The Chairman read a petition from a group of residents in the neighborhood of Tower Park requesting the assistance of the Board regarding the business being conducted at 1265 Mas$achusetts Avenue. Seasons The petition requests compliance of those conditions stipulated by Four the Board of Appeals, such as the floodlights, entry and exit of trucks, anyl,,the hojir.s of o, Brat i on. The Chairman recognlzed'Dr. Charette, spokesman for the peti- tioners, who said that they would like the Board to help them insure I that the .residential character of the neighborhood be maintained 14 The business advertises that they are open seven days a week from 9 00 A.M to 6 00 P.M. and Seasons Four until 9 00 P.M We would hope they would follow the specifications that the building would be used as in 1968 but believe they have not complied with them; there has been a rather marked expansion and copious advertising of materials not only of the Garden Shop but the handcraft shop and the Christmas shop. They feel there will be a change in the traffic pattern on Massachusetts Avenue and Marrett Road; this was a good residential area and the effect might extend beyond this locality. We advised the Building inspector of the flagrant violations since September, 1968 which is the beginning of the trouble and feel it would be a grave mistake if this present oper- ation is allowed to expand. The Chairman said that the Board of Appeals has received the petition for an amendment of the original permit to extend the hours of operation and maintain the flood lights. The Board agreed not to press for action on the violations, pending the outcome of the Board of Appeals hearing. However., it was agreed that a strong letter should be written to the Board of Appeals placing the Board of Selectmen on record as opposing the granting of amendments to permits when such amendments tend to legalize existing violations, and, specifically, recommending that the Seasons Four petition not be granted. The Chairman read a memo from the Chairman of the Traffic Safety Committee regarding circulation in the center. Mr. Zaleski wrote that the studies of traffic improvement in the center in- cluding Edison Way, bus stops, mail boxes and parking are on the Center agenda of the Traffic Committee Surveys and plans by the office Traffic of the Town Engineer are a necessary prerequisite; their prepar- ation is dependent on the allocation of the available time and personnel . Some members of the Traffic Committee are concerned about the impact of the reconstruction of Massachusetts Avenue east of Waltham Street on traffic conditions in the center. Even. if the design of the "parking bays" is firmly decided upon, other measures such as timing of the traffic signal phases and speeded- up provisions of by-pass routes could be considered. The Board agreed to inform Mr. Zaleski that the Traffic Com- mittee should look into the timing of the lights but as far as a permanent by-pass route is concerned, the Board feels it is not necessary at this time. The Chairman read a memo from Mr. Zaleski regarding the Doug- lass parking lot which enclosed a plan for marking parking stalls Douglass in the rear of 1842 Massachusetts Avenue, which was prepared by Parking the Town Engineer. The Traffic Committee intends to discuss the Lot desirability of installing parking meters in this area with the Chamber of Commerce and the Library prior to submitting -any recommendations The Board agreed that the Traffic Safety Committee should look into the feasibility of installing meters and report back on whether meters are available or would have to be purchased; if so, what they would cost 105 The Chairman read a memo from Mr Zaleski regarding parking on Hibbert Street near Massachusetts Avenue He had talked three times to Mr. Bagelman, who reiterated his contention that all day parkimg by two people reduced the width of the street and they were using spaces which would otherwise be available for his customers. Mr Hibbert Zaleski was unable to arrange a meeting with Mr and Mrs Bagelman Street as she is recovering from an operation. The Board agreed to ask Mr Zaleski to endeavor to set up a meeting with Mrs. Bagelman in order to resolve the situation without changing the regulations that now exist. The Chairman informed the Board that there were two vacancies on the Associate Members of the Board of Appeals. Appoint- Upon motion duly made and seconded, it was voted to appoint ments Haskell W. Reed, 76 Lowell Street, for a term expiring March 31 , 1971 , as an Associate Member of the Board of Appeals. The Chairman mentioned that the Captal Expenditures report would have to be in by July of this year We should have a meeting with Mr. Perry and Mr. O'Connell regarding the new fiscal year. Mr. O'Connell believed that the bill has been passed by one of the branches of the Legislature that it take effect in January, 1972 to June, 1973; we will have one more 12-month budget period. The Board agreed to meet with the entire School Committee and Dr. Fobert on June 15, at 7 00 P.M The Chairman recommended to the Board that a design review commit- tee be set up to look into the whole phase and whole program of under- ground wiring, which is very complicated and will be an expensive operation When we get into a street situation, we will be prepared. Mr. Mabee asked if this committee would make recommendations to Under- the Board? ground The Chairman replied in the affirmative. Wire Mr. Kenney was agreeable to the idea but suggested the Board not Committee II call it a design advisory committee but an advisory committee. Mr O'Connell suggested street modernization cormrilttee. The Chairman said that it should be a 5-man committee and asked the Board to bring in five names for the next meeting. Upon motion duly made and seconded, it was voted to adjourn at 10.08 P.M. A true record, Attest Executive Clerk, Selectmen ai 106 SPECIAL SELECTMEN'S MEETING June 9, 1970 A special meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Tuesday morning, June 9, 1970 at 8 30 A.M. Chairman Cataldo, Messrs Mabee and Kenney were present Mr. O'Connell , Town Manager, and Mrs McCurdy, Executive Clerk, were also present. Mr Zehner, Town Treasurer, met with the Board. He informed the Board that the Town is in need of $ 1 M. in tax anticipation money and bids were received from nine banks; and recommended that the bids be awarded to the following banks Newton-Waltham Bank and Trust Company on $250,000 4.97 discounted Town Newtoa-Waltharn Bank and Trust Company on $250,000 5.03 discounted Treasurer Lexington Trust Company on $250,000 5.07 discounted Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Treasurer to borrow $1 M, in tax anticipa- tion, dated June 15, 1970 and payable November 3, 1970 and to award the bids to the following banks Newton-Waltham Bank and Trust Company on $250,000 4.97 discounted Newton-Waltham Bank and Trust Company on $250,000 5.03 discounted Lexington Trust Company on $500,000 5 07 discounted The Chairman informed the Board that we have previously granted permission to the Painter' s Guild of the Arts and Crafts Society to hold the annual outdoor exhibition on the Buckman Tavern grounds on October II , 1970 We have been requested to change the date and Permit grant permission for October 4, 1970, with rain date of October II , 1970 Upon motion duly made and seconded, it was voted to grant permis- sion to the Painter' s Guild of the Arts and Crafts Society to hold the annual outdoor exhibition on the Buckman Tavern grounds on October 4, 1970, rain date of October II , 1970, subject to the restrictions of the Superintendent of Public Works. Mr. O'Connell informed the Board that he had received a letter from Perry Dean & Stewart regarding the authorization to supervise Perry the construction of the Town Office Buildings. Dean & Upon motion duly made and seconded, it was voted to authorize Smith the architectural firm of Perry, Dean and Stewart to supervise the construction of the Town Office Building; such services being enu- merated in Article I , Subsection B.of the Architect' s contract dated January 29, 1970. Upon motion duly made and seconded, it was voted to adjourn at 8:40 A.M. A true record, Attest }J/ d ) �SeC , r Executive Clerk, Selectmen (li SELECTMEN"S MEETING June 15, 1970 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday evening, June 15, 1970 at 7:30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engi- neer, and Mrs. McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, two jurors were drawn as follows Charles B. McAllister 105 Gleason Road Jurors Leon D. Michelove 1 Cooke Road Hearing was declared open upon the petition of the Shell Oil Com- pany for a 14cense for below ground and above ground storage at the premises located at 46 Bedford Street. A notice of the hearing was inserted in the June 4, 1970 issue of the Lexington Minute-man and sent by certified mail to the abutters, as listed on the records of the Assessors. Application was approved by Chief Spellman of the Fire Department Mr. Thomas A Turner, Construction and Maintenance Supervisor for the Shell Oil Company, was present and explained that this application was for an additional 6,000 gallon underground tank to increase the storage to 23,000 gallons from 17,000 gallons of gasoline presently approved. The reason for this is to help cure air pollution by instal- ling a tank for unleaded gasoline; otherwise, they would have sufficient Gasoline storage tanks The present cars on the road are not equipped to use 46 this gasoline but the new models coming out in the fall of 1971 will be Bedford designed to burn this unleaded gasoline. The Chairman declared that part of the hearing closed. 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 permis- sion to the Shell Oil Company to install an additional 6,000 gallon underground tank on the premises located at 46 Bedford Street, Lexing- ton; to issue a new license as follows to grant permission to keep, store and sell 22,000 gallons of gasoline, 500 gallons of waste oil , and 500 gallons of fuel oil to be used to heat the building, all in underground tanks, 1,000 gallons of motor oil and 500 gallons of anti- freeze, to be stored in metal containers or steel drums above ground. 100 gallons of gasoline to be stored in tanks of motor vehicles in the lubritorium Hearing was declared open upon the petition c6 the Shell Oil Com- pany for a license for below ground and above ground storage at the premises located at 1095 Massachusetts Avenue. (Pi A notice of the hearing was inserted in the June 4, 1970 issue of the Lexington Minute-man and sent by certified mail to the abut- ters, as listed on the records of the Assessors Application was approved by Chief Spellman of the Fire Depart- ment Mr Turner explained that this application was for an additional 6,000 gallon underground tank to increase the storage to 22,000 gallons from 16,000 gallons of gasoline presently approved and would Gasoline be for the storage of unleaded gasoline. 1095 Mass The Chairman declared that part of the hearing closed Avenue 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 Shell Oil Company to install an additional 6,000 gallon underground tank on the premises located at 1095 Massachusetts Avenue, Lexington; to issue a new license as follows to grant per- mission to keep, store and sell 22,000 gallons of gasoline, 500 gallons of waste oil, and 500 gallons of fuel oil to be used to heat the building, all in underground tanks. 1 ,000 gallons of motor oil and 500 gallons of anti-freeze, to be stored in metal containers or steel drums above ground. 100 gallons of gasoline to be stored in tanks of motor vehicles in the lubritorium Hearing was declared open upon the petition of the Shell Oil Com- pany for a license for below ground and above ground storage at the premises located at 286 Lincoln Street A notice of the hearing was inserted in the June 4, 1970 issue of the Lexington Minute-man and sent by certified mail to the abut- Gasoline ters, as listed on the records of the Assessors. 286 Lincoln Application was approved by Chief Spellman of the Fire Depart- Street ment. Mr Turner explained that this application was for an additional 6,000 gallon underground tank to increase the storage to 22,000 gallons from 16,000 gallons of gasoline presently approved and would be for the storage of unleaded gasoline The Chairman declared that part of the hearing closed. 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 Shell Oil Company to install an additional 6,000 gallon underground tank on the premises located at 286 Lincoln Street, Lexing- ton, to issue a new license as follows to grant permission to keep, store and sell 22,000 gallons of gasoline, 500 gallons of waste oil , and 500 gallons of fuel oil to be used to heat the building, all in underground tanks; 1 ,000 gallons of motor oil and 500 gallons of anti- freeze to be stored in metal containers or steel drums above ground. Mr Leon Burke, Director of Guides, met with the Board. He in- Guide troduced Noreen Webb, 39 Locust Avenue, and informed the Board that she had successfully passed the examination and qualifies as a Guide of Lexington. He requested the Board appoint her 109 ' 1 The Chairman welcomed Miss Webb and said that as representative of Lexington, we look to her to project the image of Lexington while con- ducting visitors on a tour of the Green Upon motion duly made and seconded, it was voted to appoint Noreen Webb as a Guide of Lexington for the coming season Mr. Legro informed the Board that on May 4, 1970, the Board adopted two Orders of Taking relating to two parcels of land off Utica Street owned by Mr. Steeves. At that time we found substantial encum- brances and thought it ought not be recorded. That situation no Steeves longer exists and he has prepared two new Orders of Taking as of June Land 15, 1970. He requested the Board to sign the Orders of Taking Upon motion duly made and seconded, it was voted to adopt the Orders of Taking for two parcels of land off Utica Street owned by Walter Steeves, which were origianlly drawn on May 4, and re-drawn as of June 15, 1970 Mr Legro informed the Board that a hydrant had been struck on January 20, 1970 and he requested the Board to sign the release, in the amount of $533 05, which is the full amount of the claim of the Barstow Town against Marilyn L and George Barstow Release Upon motion duly made and seconded, it was voted to sign the re- lease in the amount of $533 05, to be paid to the Town for damages to a hydrant struck on January 20, 1970 by Marilyn L and George Barstow Mr. Legro informed the Board that he had received the sewer lat- eral contract awarded to McNeice Corp , 8 Fencourt Road, Canton, Massachusetts, in the amount of $ 132,500 Mr. Legro has not been McNeice able to review the contract because he had just received it this Sewer afternoon The principal problem was, as usual , with the insurance Contract certificates; he suggested that the Board could vote to sign it sub- ject to his approval Upon motion duly made and seconded, it was voted to sign the sewer lateral contract awarded on June 3, 1970 to McNeice Corp , 8 Fencourt Road, Canton, in the amount of $ 132,500, subject to the ap- proval of Town Counsel The Chairman congratulated Mr O'Connell , Town Manager, for the excellent job he had done in moving the Town Office departments Town into other quarters, due to the renovation of the office building Manager The Board agreed with the Chairman and commended Mr O'Connell and his staff for the well-planned relocation of Town Offices Mr. O'Connell informed the Board that he had received a letter requesting permission for the Order of the Arrow to have a public show of Indian Dance Teams on the Battle Green on Wednesday, June Permit 24, from 6 30 P.M to 10 00 P.M The parade would start at St. Brigid' s Church and go to the Battle Green A request has been made for microphones and setup Mr. O'Connell said that he had talked to Bruce Ward and Eli Campbell and had indicated that the Board might want them to hold it in some other area. Ito Mr. Greeley suggested the Visitor' s Center and the Chairman sug- gested Depot Square. It was agreed that Mr O'Connell would talk to the boys and sug- gest other locations, without microphones. Upon motion duly made and seconded, it was voted to grant per- mission to the Order of the Arrow to have a public show on Indian Dance Teams on Wednesday, June 24, 1970 from 6 30 P.M. to 10'00 P.M ; location to be at either the Visitor' s Center or Depot Square accord- ing to the decision of the Town Manager. Mr. O'Connell reported to the Board that a drowning had occurred at the "old res" this afternoon. Anthony DiPietro, 16 years of age, had gone swimming with another yound man and had evidently suffered a disability; his friend had tried to help him but was unable to A department of Public Works man was across the reservoir working in connection with the circulators, as this is the first day of the trial operation of the circulators The "res" was scheduled to open on June 22 The accident occurred in a place removed from the planned beach area. Mr Bailey said that if lifeguards had been there, they would not have been permitted to swim over there. Mr O'Connell said that lifeguards would have been unable to do any more than the DPW man did to help and they would not have prevented the accident; if a guard leaves the beach for these boys, he is leaving the beach unprotected. He had been at the "res" this "Old Res" afternoon and had spoken to boys in that area that they were not al- lowed to swim there; these two boys arrived within minutes after Mr. O'Connell had left there. He recommended that the "res" be closed to all swimming indefinitely. The Chairman said that it was supposedly closed today. Mr. Bailey asked if this has happened in the past that there were swimmers there? The Chairman said that it was closed to swimmers. The cruisers would go by and would stop them from swimming there; whole families were there on Sundays. It is not a swimming area there as it is a mud bottom. Unless there is a policing of the whole area, he felt people would continue to swim there. He would vote to close the area. Mr. Greeley moved to defer the opening. The Chairman added, and police it as such; to station somebody there to keep them out. Mr. Mabee said that Mr. O'Connell had said that there would have to be somebody on 24-hour watch and gave a suggested figure of $5,000 to do it for the season. Mr. O'Connell said that was correct, but the watch was to pre- vent vandalism. Today, we had a man there, which was equivalent to the man we talked about and the boy drowned within sight of our man who heard the second boy call out and he was unable to reach him; it is illegal swimming on the Marrett Road side where the lifeguard can't reach the swimmers. 111_ Mr. Mabee asked if he was prepared to say it is a bad place? Mr. O'Connell said that he is saying we do not have a control plan to allow safe swimming and recommends that we not open. We will study it and will come up with some plan. Mr. Bailey didn't think we could enforce a no-swimming plan. Mr Greeley said that we have to either drain it or police it Mr. Kenney said that a chain link fence all around it would be costly. The Chairman said that they would climb a tree, swing over it and into the res. If there were a fence there today, they would have done this; what good is a fence? Mr. Mabee agreed the matter needs further study; he was willing to go along with the motion for indefinite opening until we decide what to do. Mr. Greeley moved to defer opening the "res" until we can come up with an adequate plan for policing. He said that until we are satisfied we can do it, we have to leave it shut. Upon motion duly made and seconded, it was voted to defer the opening of the "old red" until the Board has received an adequate plan for policing the area, either to open it or keep it closed. Hearing was declared open in accordance with the provisions of General Laws, Chapter 131, section 40, the Hatch Act, regarding a notice of intent to alter certain inland wetlands of the Stratvern Realty, 16 Appleton Street, Waltham, located at 41 , 43 and 49 Valleyfield Street, Lexington Mr. Joseph LeLievre and Attorney Gerald Cournoyer, representing the Stratvern Realty, were present. Attorney Cournoyer said that Mr. LeLievre proposes to relocate an existing brook and pipe a por- tion of the water course to make two buildable lots. The brook Stratvern runs across 172 and 171 Valleyfield Street and he proposes to relo- Realty cate it in the brook, using the pipe presently used for this brook, and pipe it to an existing 24" Town drain by way of a manhole. Mr. LeLievre has expressed a desire to grant an easement over the area the pipe will be buried in; the pipe will be buried approxi- mately two feet below the surface. The Chairman asked if the Conservation Commission had any questions. Mr. Stanley Brown looked at the map of the area. He said that this was first brought to our attention by the abutting owner who felt that if the brook were filled it would cause the water to back up and spill over his property. The Chairman said that the Engineering Department will give a report on that; your remarks should be from a Conservation point of view. Mr. Brown said that from a Conservation point of view, we would prefer to see the brook remain open. Tonight is the first time we have seen a plan. The Chairman asked Mr. Brown to submit a report on this to the Board II _ 112 Mrs. Lois Brown, representing the Planning Board, was present and said that the Planning Board has no position to take tonight. The Chairman asked if anyone present had a question? Mr. Edward Domings, 37 Valleyfield Street, said that Mr LeLievre is going to put in a pipe the same size as the culvert and when he pipes this, he has to come back to my property and it will be at an angle. The Chairman asked Mr LeLievre if the plan showed the recom- mended location on Stratvern property and if it crossed Mr. Domings property in any way? Mr. LeLievre said that he was picking it up at Mr. Domings' lot line. Mr. Domings said that he also had a brook behind him and it will make a 180° angle; it is filling his land now. The Chairman assured Mr Domings that the Town Engineer's re- port will show that it would be picked up at his lot line. Mr. Tony Gelzinis, 73 Valleyfield Street, said that these peo- ple don't realize what happens when conditions like this happen Across the street the builder blocked the ditch and built; whenever they do something like this, it is at our expense, regardless. The Chairman declared that part of the hearing closed. No one appeared in favor of the request for relocation of the brook. The following were recorded in opposition: Mrs. Hooper 50 Valleyfield Street Mr. & Mrs. Edward Domings 37 Valleyfield Street Mr. Tony Gelzinis 73 Valleyfield Street Mr. Clarence Smith 76 Valleyfield Street The Chairman said that a report will be submitted by the Plan- ning Board, Conservation Commission and the Engineering Department and the Board will evaluate them and in turn forward them to the Department of Natural Resources. We have no control over what the DNR: rules but we make the recommendations and will lay the Condi- tions down strongly and hope they are followed. The Chairman declared the hearing closed. Hearing was declared open upon petition of the New England Telephone Company to lay and maintain 230' of underground conduit on Massachusetts Avenue at Lexington Center. Mass Ave Notices of the hearing were hand delivered to the abutters by Conduit the Engineering Department. Mr. Robert Dunn, representing the Telephone Company, said that this is a request from the Town of Lexington to lay this conduit before work is begun by the Town in the Center. There will be twenty ducts for the manhole and it will be installed 10' off the property line. We expect to have the job done in five days, weather permit- ting. The Chairman asked if any member of the audience had any questions? 11 3 ' Mrs. Morey asked if the manhole in the middle of the street would be eliminated? Why can't they have an underground walk and come up in the sidewalk2 Mr. Dunn said that this is still within the sidewalk area; we build manholes to put ducts in and this is planned for twenty-five or thirty years. The Chairman said that Mrs. Morey is saying she would like that manhole eliminated from the location because whenever it is opened up, it slows down the traffic. He asked Mr. McSweeney if this is the best solution? Mr. McSweeney replied that it was. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company to lay underground conduit in the following location Massachusetts Avenue Fran M.H 34/ I23A, southwesterly, approximately 230' of underground conduit The Chairman read a letter from Dr. Babior of 24 Mason Street re- questing a new bus stop for the Arlmont bus to pick up and discharge passengers on or near Pleasant Street Mr. Legro said that the Board of Selectmen establish the bus Bus Stop stops with the approval of the Department of Public Utilities. Upon motion duly made and seconded, it was voted to refer the request of Dr Babior to the Traffic Safety Committee for a recom- mendation. The Chairman read a notice fran the DPU that a public hearing will be held on Tuesday, June 23, 1970 at 2 00 P.M. upon petition of the C & W Transportation, Inc of Lexington for a license to render charter service on trips originating within the Town of Lexington The Chairman felt that the Board should take a position to grant this request as it would be good insurance for us if the MBTA did not continue to go on record as recommending the company that has the C&W Trans- school bus contract now. portation Mr Kenney was concerned about the details. Permit Mr. William Maloney said that the purpose of the permit is to have permission for this bus line to take passengers from the hous- ing site, clubs, etc. People call and look for buses and there is no charter service in Lexington. Upon motion duly made and seconded, it was voted that it is the position of the Board of Selectmen to grant this request of the C & W Transportation, Inc. for a license to render charter service on trips originating within the Town of Lexington. Mr O'Connell is to write a letter to the DPU to this effect. The Chairman read a letter from the Bedford Board of Selectmen, enclosing a petition received by them that a committee be formed to Bedford scrutinize all industrial contracts and admonish G.C.A. for testing Permit lethal nerve gas in a tank in a populated area. The Board agreed that Mr. O'Connell is to talk with the Bedford Selectmen. 114 The Chairman read a letter from HUD Workable Program Division advising us that the Town' s application for recertification of its Workable Program does not meet their review specifications with Workable sufficient detail ; that the submission fails to indicate the loca- Program lity is carrying out an effective program of enforcement under its housing code, etc. The Chairman read a letter from Mr. Zaleski , Planning Director, stating that our application was submitted with the knowledge that we did not meet the requirement of a part-time housing inspector but hoped it could be waived because of Lexington' s character. We do not have slum or blighted areas and this was clearly stated on the application; also, there is no need for relocation plans as no families or businesses have or are expected to be displaced by gov- ernment action. The Board agreed to hold the letter from HUD and discuss it with the Planning Board Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on June 9, 1970 The Board agreed to hold the minutes of the meeting of June 3, 1970 for further discussion. The Chairman read a letter from Walter F. Stafford, 81 Princeton Claim Avenue, Waltham, claiming that a raised manhole cover on Lowell Street had caused damage to his 1968 Oldsmobile on June 2, 1970. The Board agreed to refer the letter to Town Counsel . The Chairman read a letter from the State DPW advising the Town Worthen Rd. of the assignment of $29,700 for the improvement of Worthen Road- East St. East Street on condition that at least $14,850 be contributed by the Chapter 90 Town and $ 14,850 by the County Maintenance The Chairman read a letter from the State DPW advising the Town of the assignment of $2,000 for the maintenance of Chapter 90 roads in Lexington on condition that at least $2,000 be contributed by the Town and $2,000 by the County. Upon motion duly made and seconded, it was voted to authorize License the Chairman to sign the intelligence license for Starrett Associ- ates, Inc., 2 Militia Drive. Upon motion duly made and seconded, it was voted to authorize I .D. Card the Chairman to sign the liquor I .D. card for Joan Cafarelli , 51 Eldred Street and Kendra McGrath, 14 Winter Street. The Chairman informed the Board that he had received, tonight, Vocational from Vernon Page a copy of the agreement on the Technical and Voca- Regional tional Regional School . We are asked to comment before June 18. Upon motion duly made and seconded, it was voted to refer the agreement to Mr. O'Connell , Town Manager. I 11 5 Mr. Francis W.K. Smith met With the Board. He said that he owns four lots of land which he had put under agreement in March to sell to a developer and he understands the Board has sane questions con- cerning this. He asked if the delay was because of Meagherville and if that wasn't the case, is it a policy not to let a private devel- oper extend a sewer along an unaccepted street? The Chairman asked if he was referring to Colonial Builders? Mr. Smith replied in the affirmative. Colonial The Chairman said to draft a letter on this Builders that Mr. Legro is Mr Legro said that the letter has not been drafted; you people should show to the Town all the necessaryrights for us to grant 9 this. These are the same ones we have discussed for the past three years. Mr Smith thought they were all settled once Hickory Street was accepted; to extend the sewer 250' would benefit not only these lots but other lots. Mr Greeley said that the rights have to be straightened out. Mr. Smith said that the builder is all ready and I was anxious to put it through. Mr. Smith retired from the meeting, with the understanding that there is still a question of rights to be resolved. The Chairman welcomed former Selectmen of the Town, who were present for an informal gathering on this last meeting in the present Selectmen's roan due to the renovation of the building. Present were Alan Adams; Otis S. Brown, Jr , Phillip M. Clark; Rep. Lincoln P. Cole, Jr.; George W Emery; Gardner C Ferguson; Raymond W. James; William E. Maloney; Ruth Morey; Donald E. Nickerson; Hazel Murray Former Potter; Haskell W. Reed; Norman J. Richards; A. Edward Rowse; Selectmen Harold Stevens. The Chairman read the minutes of June 19, 1928 and pointed out the remarkable coincidence between the agenda then and this evening. The Chairman presented one of the chair pillows to Mr Adams as a token of all the meetings he had covered for the Minute-man. The Chairman presented a plaque to former Selectmen Phillip Clark and said that each of the other former Selectmen will be given a similar plaque, made from the wood paneling of the Selectmen's room The Chairman invited all to enjoy the refreshments and an evening of reminiscence. Upon motion duly made and seconded, it was voted to adjourn at 8.35 P.M. A true record, Attest c Executive Clerk, Selectmen �IV I 116 SPECIAL SELECTMEN'S MEETING June 23, 1970 A special meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Hail , on Tuesday morning, June 23, 1970 at 8 30 A.M. Chairman Cataldo, Messrs Mabee, Kenney and Bailey were present; also Mrs. McCurdy, Executive Clerk Mrs. Eleanor Sullivan, Assistant Treasurer, met with the Board. She said that nine bids have been received and requested the approval Treasurer of the award of a bid on a loan in the amount of $750,000, to be Loan dated July I , 1970 and payable November 3, 1970. Upon motion duly made and seconded, it was voted to award the bid on a loan in anticipation of tax revenue, in the amount of $750,000, to the following banks First National Bank of Boston $350,000 5.81 discounted State Street Bank & Trust Co. 200,000 5.85 discounted Harvard Trust Company 200,000 5.85 discounted Minutes The Board agreed to discuss the minutes of June 3, 1970 at the next regular meeting on June 29, 1970 The Board discussed Mr. Frank Michelman' s letter of June II , Sidewalk regarding the policy of the Board on petitions and leaflets on Petitions the sidewalks The Board agreed to discuss this letter at the next regular meeting on June 29, 1970. The Chairman distributed notices to the Board that a Panther Party was held on Saturday, June 20, at the home of Morris and Lee Lindman, 21 Robbins Road; donations of $4 00 per person to be con- tributed to the Black Panther Party Legal Defense Fund and the Black Coalition to fight Political Repression, beer, wine and food were Panthers provided The Chairman informed the Board that six people had come to his home to ask how these people could do this and get away with it Mr. Kenney said that he would answer them that the party is over now and we would do nothing about it, ;if they wish to petition the Board, we will give it to Town Counsel The Chairman said that in other words, you want them to come to one of our meetings. Mr. Mabee said to just tell them to give it to us in writing . The Board agreed that the answer to the six people would be to inform them that, if they wished, they could submit a written petition to the Board 117 The Chairman informed the Board that he had just receive a recom- mendation from the Conservation Commission that the application of Stratvern Realty to relocate the brook to develop three building lots at 41 , 43 and 49 Valleyfield Street be rejected. We have received the recommendation of the Planning Board that the relocation would make lot 172 usable for building; it would re- duce the slope of the brook from 0.33' to 0.25' in 100' ; would re- quire an easement over lots 174 and 175; would require a mound 2 feet plus to provide cover over the drain Also, the reduced slope and the use of a culvert, instead of an open drain, increase the chances of water being dammed up and backing up onto the adjacent properties. The drain culvert will have to be cleaned from time to time to pre- Stratvern vent accumulation of debris. If these engineering problems will not Realty result in legal and maintenance demands on the Town, the Planning Board would have no objection to the proposed relocation. The Engineering Department reports that field inspection shows that fill has been placed there and it is questionable as to the amount of peat under this fill . The recommendations are as follows I Easement plan suitable for recording at the Registry 2. A grant of the easement to the Town for any future main- tenance. 3. Construction plan and profile for engineering review 4 Notification in writing when work wiJI begin, so that the construction can be inspected for compliance with Town standards and sound engineering practices. 5 State the condition of the soil on which the 24-inch con- crete pipe and headwall will be constructed on. The Board agreed to write to the Department of Natural Resources and incorporate the recommendations of the Planning Board and the Engineering Departments The Board discussed the operation at the old "res." Mr. O'Connell reported that he had met with the Recreation Com- mittee and had asked them to submit an operating and control program. We are talking $6,000 to $8,000 extra for the season, including a man on duty from 8:00 P M to 2:00 A.M. The Recreation Committee recom- mended a full time policeman but he didn't agree with them "Old Res" The Chairman said that the Board wants to see a program the Recre- ation Committee is thinking of initiating and how far we can go with the money we have It is better to have it in operation for three weeks and have a history If it is going well , fine; i:f not, we have to make some changes. The Board agreed that Mr. O'Connell is to meet with the Appropri- ation Committee and discuss the old "res" and would have some figures and a program for the Board at the next regular meeting on June 29, 1970. 1_i8 Mr O'Connell said that he would not ask the Appropriation Committee for more money but would make it clear the money would be spent only if the program is successful for the three weeks' trial period. Upon motion duly made and seconded, it was voted to adjourn at 9 00 A.M. A true record, Attest Executive Clerk, Selectmen I 1 1 SELECTMEN'S MEETING June 29, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room of Cary Memorial Hall on Monday evening, June 29, 1970, at 7 30 P.M Chairman Cataido, Messrs. Mabee, Kenney, Greeley and Bailey were present Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mr. Burke, Superintendent of Public Works; Mr. Manuel Coscia, Superintendent of Construction and Mrs McCurdy, Executive Clerk, were also present. Hearing was declared open upon the petition of Ralph Gaklis, Gold Star Nursery, for a license for a 2,000 gallon underground gasoline tank on the premises located at 1265 Massachusetts Avenue A notice of the hearing was inserted in the June II , 1970 issue of the Lexington Minute-man and sent by certified mail to the abutters as listed on the records of the Assessors. Application was approved by Chief Spellman of the Fire Department Mr. Frank J Rando of Bonded Oil was present and said that he and Mr. Arthur Gaklis would answer questions. The Chairman said that the application states that it is for a 2,000 gallon gasoline tank for private use only for your operation. The location is behind the furthest building from Massachusetts Avenue How many pieces of equipment do you have? Gold Mr Gaklis said that they pump five pieces of equipment now; they Star are buying from a local gas station. Gasoline Mr Kenney asked how often they refill the tank? Hearing Mr Gaklis replied that it is a seasonal thing; in the Spring, every two weeks. Mr. Kenney asked if there was any great increase in trucks? Mr. Gaklis replied in the negative Mr Greeley asked if when he says there are five trucks, are there other trucks identified with the same company using this? Mr. Gaklis replied, two or three trucks and tractors; just for the vehicles that are garaged and operate there. The Chairman asked if anyone in the audience had questions? Mr. Wathan-Dunn said that the petitioner is not the owner of the land and he questioned if there is any legality involved; who should be making the application? It seems to me the owner should be making the application The Chairman said, no, Bonded Oil and the owner have nothing to do with the landlord; it is nothing unusual for the permit to be issued to the tenant. Mr. Lewis Aronin, 20 Ingleside Road, questioned the notice; that the petitioner is Ralph Gaklis and you announce Arthur Gaklis. The Chairman said that the signature is Ralph' s and Arthur is here representing him. l20 Mr Aronin asked is there two Gaklis, - one from Gold Star and the other from the Nursery Arthur Gaklis said, just one. The Chairman said that the petition is signed by Ralph Gaklis. Mr. Aronin asked if we are to understand the advertising is in error? The Chairman said that the advertising is not in error; the application is improperly signed. The Chairman asked if anyone would like to record himself in opposition to this application? Mr. O'Connell said that a letter from the Planning Board has just arrived. Mr Wathan-Dunn said that it seems that this is about the size of the tank. I have made some inquiry and found that Agway has been advertising tanks for home consumption and the largest one is 1 ,000 gallons. The Chairman asked if his objection would be strictly on the size of the tank? Mr Wathen-Dunn said, yes, the size, the crux of the matter is the business operation it would eventually become. Mr Wathan-Dunn was recorded in opposition to the size of the tank. Mr. Aronin said he was in opposition The Gold Star Nursery has brought in extensive trucking to the neighborhood and the hours are illegal ; I do not believe the Board should sanctify this opera- tion by approving a tank, whether or not their legal wording is correct This is for a private use and I believe the gasoline would service trucks, Mr. Dennis Speliotis, 22 Ingleside Road, said he would like to make a correction, the abutters were not notified The Chairman asked him where his lot is? Mr. Speliotis said that it was directly attached to the proper- ty on the south side. The Chairman asked if he was familiar with the area that the Gold Star has leased? Mr. Speliotis replied, no, he was abutting the nursery. The Chairman said that the legal list of abutters is as follows and they were notified Benjamin Franklin Homes, Inc.; Gold Ribbon Farms, Boston and Maine Railroad and .Anthony R. Cataldo. You are probably abutting Gold Ribbon Farm. Mr. Speliotis said that my basis is on the grounds that the size of the tank is inconsistent with the size of the nursery and I would be suspecting that perhaps it would be used for their commer- cial purposes. Mr Aronin said that he was in opposition to the approval of a tank of that size; it was much too large for that kind of operation and would lend itself to a commercial operation,. The Chairman said that he would make a comment, as you object to the size of the tank Gold Star, if given a permit, cannot sell gas if the Board saw fit to grant this. To restrict this to one- half could mean twice as many deliveries for the equipment 12.1 Mr Franklin Fink, 6 Ingleside Road, was in opposition to the rants of the permit for thereasons g ng Mrs Sam Silverman, 18 Ingleside Road, said she would voice an objection to the tank. I don't know anything about the appropriate size but there are lots of questions about the safety of gas tank storing. I am sure the Board would take this into consideration. If granted, it would give recognition to wholesale business on that property. The Chairman said to keep the issues separate, Mrs. Silverman said if you recognize a wholesale business by giving a tank, the objection is, before a tank is granted, one should clarify the status of the business. I would like to request that the Board advise me on what appropriate action to take to clarify the grounds of a wholesale business established there. The Chairman said that for the purpose of this hearing, we will record you in opposition to the tank. As far as how your questions can be answered, meet with Mr O'Connell to get these answers. Mr. Ephram Weiss, 462 Lowell Street, said that I consider my- self a neighbor of this area as well as all other areas. I question the appropriateness of you sitting on the Board in this hearing. You know why. The Chairman said that the record will show your objections. Mr. Weiss said that I would like to be recorded in opposition to this. It is quite inappropriate for this type of business going on If I were to engage in several operations and have a parcel of land in Lexington and it is convenient for me to have a wayside stand and have all kinds of trucks come to this land and the whole operation would be owned by me The way this business has grown, it has been insidious They chiseled away at things by bits and pieces and the Board of Selectmen are the bystanders. You have two former members of the Planning Board and they know how zoning changes by bits and pieces into a separate piece of operation. I differ with you and don't think you have the proper perspective to judge at this time Mr. Sam Silverman said that I don't think I have to add to the reasons I am in opposition. There are two questions ( I ) there is already a gas pump on the property; is that a different tank or the same tank that permission is being asked for? (2) what is the purpose that this tank is being used? Has it been made clear what this is? If this is the area designed to end up a truck park, or what? If any questions about the use which is intended for that area, that they will be cleared up Dr. Edmond Charrette said that I am opposed for the reason so well outlined What has the Planning Board issued, 1 would like to know The Chairman said that we have just received the letter from the Planning Board and it will be read into the record. Mr Anthony Fiore, 21 Ingleside Road, said that I am opposed to the tank. I question the zoning by- laws that this is allowable for this tank; there is one tank there now and another tank is sup- posed to be issued. It is strictly commercial and I can't see it. l _ 122 The Chairman read a letter received from Mrs. Martin Sussman, 1361 Massachusetts Avenue, as follows " 1 wish to be recorded in opposition to the granting of per- mission to install a gasoline tank for the storage of fuel at the Gold Star Nursery, a wholesale operation, 1265 Massachusetts Ave- nue A conservative estimate indicates that such a tank would permit the daily refueling of approximately 40 trucks. In my opinion this would strengthen the commercial use to the already increased truck traffic along Massachusetts Avenue, which is a residential and historic area." The Chairman declared that part of the hearing closed. The Chairman asked if anyone wished to be recorded in favor? No answer. The Chairman said that we have the application approved by Chief Spellman and a letter from the Planning Board, dated June 29, is as follows "The Lexington Planning Board has noted that Gold Star Nursery, 1265 Massachusetts Avenue, has applied for a permission to store underground 2000 gallons of gasoline at the above location. The Planning Board wishes to be recorded as being strongly opposed to the granting of such permission for the reasons listed below' I . In the opinion of the Plarming Board, the recent expan- sion an- sion of the operations at this location beyond that encompassed by the annual "temporary" permits of the Board of Appeals con- stitutes a violation of our By-Laws, and no additional permits should be granted until such violations are corrected To do otherwise would be to indicate an acceptance of the unauthorized expansion. 2. While farming is a generally permitted use and the Board of Appeals has annually permitted additional operations, such as food processing and sale of certain non-farm products, the present operation goes far beyond anything that was permitted or ante- dated our zoning. Such unauthorized expansion includes, among Other items, the sale of power tools and implements which are likely to make use of the gasoline proposed to be stored. 3. It must be borne in mind that this is a residential area and that the proposed storage of 2000 gallons of gasoline is not only another step in creating a major retail-industrial operation at 1265 Massachusetts Avenue, but a possible hazard to the neigh- borhood as well . The sketch submitted with the petition does not accurately fix the location of the storage tanks or their proxi- mity to Ingleside Road residences. 4. The entire area of the premises at 1265 Massachusetts Ave- nue, including the driveways, building, sales and storage areas, is only 14 acres and the volume of gasoline to be stored appears to be entirely out of proportion to the relatively small area still in agricultural use. 123 The Planning Board hopes that the requested permit will be denied by your Board." Mr. Greeley said that he would ask Town Counsel the appropriate- ness of action by the Board on the application that carries on its face where called for, the signature of a name that doesn't exist; that whoever did sign wasn't quite sure who the petitioner was Mr. Legro said that whether anyone was mislead; whether it was a material fact; whether if was in error; whether it was a corporate name; I would have to know before giving an answer. Mr. Kenney asked how much of a hardship it would be if, sup- posing, it was a 1 ,000 gallon tank? Mr Rando replied that any Fire Chief requests a larger stor- age tank for delivery The most dangerous time is when delivering gas. When you have a 1 ,000 gallon tank would have no bearing on it whatsoever. Mr. Kenney asked how many times he estimated filling the tank? Mr Gaklis said that in the Spring, it would be twice a month; in the Summer, once a month, in the Fall, about in between, maybe once or once and a half; in the Winter, once every two months. Mr. Rando said that if they put a 1,000 gallon tank in there, they would have to go 40 times Mr. Kenney asked if you go in the Spring every two weeks, you would have the capability of using 400 gallons apiece? Mr. Gaklis said that is what I would estimate in the Spring. The Chairman declared the hearing closed. The Chairman said that the record will show that I will dis- qualify myself from voting Later on in the meeting, the Chairman said that, ordinarily, when we have a public hearing the Board takes the matter under ad- visement and we generally leave it to the last item. I will dis- qualify myself although I am not related to the applicant and have no connection with him The Board will discuss it now. Mr. Cataldo disqualified himself and left the meeting Upon motion duly made and seconded, Mr Mabee was voted as Acting Chairman. The Acting Chairman said that we had the hearing at 7 30 on the application for a 2,000 gallon gasoline tank. The hearing was held and the hearing was closed. What is the Board' s pleasure? Mr. Bailey said that in view of the fact of the confusion of who is the applicant, I would move to deny until we receive a properly executed application Upon motion duly made and seconded, it was voted to deny the application of the Gold Star Nursery for a 2,000 gallon underground gasoline tank because the application was improperly filed. Hearing was declared open upon the petition of the New England Telephone Company to lay and maintain underground conduit on Bed- ford Street 1_24 Notices of the hearing were mailed to the petitioners and owners of the property as Listed on the petitioner' s plan, and also filed with the Town Engineer. Mr. Robert Dunn, representing the Telephone Company, was pres- ent and said that this is a conduit petition from the Telephone Company for a service connection to the Chalet Susse. Bedford Bedford St. Street is a state road and we had to make application to the State Underground also We will tunnel under the street and lay 220' of conduit Conduit along Bedford Street to feed service to the Chalet Mr. Coscia, Construction Superintendent, informed the Board that the petition is approved by the Town Engineer. 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 for the following location: Bedford Street (state highway) From M.H. 54/112, north- westerly approximately 220' of underground conduit. Hearing was declared open upon the petition of the New England Telephone Company to lay and maintain underground conduit on Adams Street Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioner' s plan, and also filed with the Town Engineer Mr Robert Dunn, representing the Telephone Company, was pres- ent and said that this is a petition for underground conduit on Adams Street to Myrna Road at the Burlington line and for connec- tions running up the side streets to the first pole in that Adams St direction; the petition is to relieve the area It is a I2-duct Underground operation and most of it is in the sidewalk, although we do have Conduit to cross over when there is a water or gas main. The sidewalks will be restored to the condition they are right now, and the Engineer and Town officials will bring the sidewalks up to the grade Mr. Bailey asked when they would start construction? Mr. Dunn replied that they would be able to start next week and it will be about a two months' job for the temporary work and within two months after that, they would be permanently restored. William Stern, 10 Adams Street, asked to be recognized as he would like to look at the plan. The Chairman instructed Mr. Dunn and Mr. Coscia, Construc- tion Superintendent, to show the plans and explain the details. Many residents of the streets involved looked at the plans. Mr. Coscia informed the Board that the petition is approved by the Town Engineer. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed. I 125 Upon motion duly made and seconded, it was voted to grant permis- sion to the Telephone Company for the following location Adams Street From M.H 54/ 179, northerly and easterly, approximately 5294' feet of underground conduit, also, seven (7) manholes 54/204; 54/205; 54/206; 54/207; 54/208; 54/209; 54/210. From Point A to Point C, plan #I , easterly approximately 35' feet of underground conduit. From Point A plan #2, easterly, approximately 35' feet of underground conduit. From M.H. 54/206, westerly, approximately 35' feet of underground conduit From M.H. 54/208, easterly, approximately 40' feet of underground conduit From Point H, easterly, approximately 60' feet of underground conduit. North Street From Adams Street, westerly, approximately 155' feet of underground conduit. From Adams Street, westerly, approximately 60' feet of underground conduit. Meriam Street Easterly, from Adams Street, approximately 100' of underground conduit. Coolidge Ave. Westerly, from Adams Street, approximately 30' feet of underground conduit. Woodland Rd. Easterly, from Adams Street, approximately 108' feet of underground conduit. Hathaway Rd. Westerly, from Adams Street, approximately 47' feet of underground conduit. East Street Westerly, from Adams Street, approximately 168' feet of underground conduit Emerson Rd. Easterly, from Adams Street, approximately 102' feet of underground conduit. Millbrook Rd. Westerly, from Adams Street, approximately 190' feet of underground conduit. 126 Westwood Road Westerly, from Adams Street, approximately 30' feet of underground conduit. Myrna Road Westerly, from Adams Street, approximately 12' feet of underground conduit. Representative Lincoln P. Cole, Jr met with the Board. He said that the Board had requested information on the MBTA financial statement and $300M. is the bond issue we are looking for Surface Car Lines $ 44.4M Station Modernization 7 3M Bus Garages I5.6M Power Improvements 7 6M Improvements in Engineering-Charlestown and Everett 5.6M Bus Purchase - 100 new buses each year for six years 22.2M 32 Cars for East Boston Line 6.3M South Shore Extension 39 M Southwest Corridor to Route 128 or the Harvard-Alewife Subway 184 M Representative Cole said that no determination has been made as yet The chances of going through the Legislature this year are very slim because it would mean new taxes, either sales or income taxes; being election year, very few representatives would vote for it. The Chairman said that our costs are substantial and we have MBIA only one train, plus the Middlesex and Boston What is the date on the M & B? Mr. Cole said that it was extended one year; the contract with M & B was approved for one year, until July. The Chairman asked what would it do to our charges, would they be increased? Representative Cole replied, yes. The alternative is a dis- agreeable one because the M & B would not provide the service the MBTA would have to provide at approximately double, about $2 M. to provide service out here. The Chairman said that we have one train at 7 30 A.M. and one at 6 00 P.M What is the possibility of getting more? Representative Cole said that he had been working on this; you may get two or three. Mr Greeley asked if they do extend the Harvard-Alewife sub- way, are there detailed plans as to what it would do to revise service to Lexington? Representative Cole replied there are no bus groups from the parking area down by Arthur D. Little and there should be buses from here to there. Mr. Greeley asked if there are plans for a significant parking area - general plans? 127 Representative Cole replied that there are general plans There were no other questions from the Board. The Chairman informed Representative Cole that we still want legislation filed for the sidewalk and we are confident you will file it for us. Representative Cole said that he would file it; he retired from the meeting. Mr. O'Connell informed the Board that a request has been re- ceived from Mr. Hilton, Director of Cary Memorial Library, to have the parking lot, formerly the Douglass property, and the Library parking lot blocked off to parking on July 6 at 7 30 or 8 00 A.M. The Library has arranged to have the Zoomobile from the Boston Zoological Society come to the Children' s Library from 2:.00 to 4 00 P.M. on that day and a good crowd is expected Library Mr. O'Connell said that he felt this request should come to Request the attention of the Board as this is the parking area used for store purposes When I asked Mr. Hilton why the lots should be closed all day, he pointed out that much of the parking is for all day. Upon motion duly made and seconded, it was voted to grant the request of Mr. Hilton to block off the parking lot at the former Douglass property and the parking lot for the Library before 8 00 A.M on July 6, 1970 Mr. O'Connell informed the Board that he has received a re- quest from Mr. Luongo regarding tax title lot 53 (recorded lot 96) Valleyfield Street. Mr. Luongo is interested in buying it to annex to his lot. The Planning Board has been asked for a recommendation and a letter, dated May 21 , 1968, was received from that Board stating that it would have no objection provided the two lots are combined into one so that lot 53 will not be available as a sepa- Luongo rate substandard building lot. Tax Title Mr. O'Connell said he believed since that time that other plans have been made to provide a playground at that end of Valley- field Street The Chairman asked if the lot had gone out for bid? Mr. O'Connell said that it was his understanding the Board asked for information and it was never followed up The Chairman asked if Mr. Luongo was agreeable to joining this to his lot? Is this condition acceptable? Mr. Luongo was present and said that he agreed to the condition; he would like to build a breezeway and a garage for his home. Mr Mabee suggested an updated opinion from the Planning Board Mr O'Connell agreed to have a report ready for the Board at the next meeting on July 13. Mr O'Connell discussed the "Old Res" and said that the re- sults of the study on the problem of operation of the facilities "Old Res" and how to operate with maximum safety have been completed. The installation of the facilities is now complete except for placing of the sanitary units and a telephone line now being installed. He recommended that the pool open on July I , subject to the exist- ing Park Regulations The Recreation budget provides $7260 for the water safety staff but no money has been provided in the budget for any other manpower needs The operating and security schedule proposed would require approximately 130-manhours per week of watchman service; at an average hourly cost of $3 50, the labor cost for a 10-week season would be $4,550. Approxi-- mately $ 15,000 has been spent up to May, 1970 for the one-season trial agreed upon; the total cost of this phase will not exceed $20,000 The Appropriation Committee has been informed of the increased operating costs and, if we have a successful program during the first weeks, they may be favorably inclined to approve an additional request for $5,000. The Chairman asked how long a program it would be? Mr O'Connell replied, six to seven weeks, as against ten weeks The recommendation is to close the swimming area at 8 00 P.M. and the general area at 9 00 P.M. The Chairman asked how he intends to police the 300 bathers? Mr. O'Connell said that swimming tags had been sold and Mr. Bertini will count people in and out. The Chairman asked who would control the crowd waiting to get in? Mr Bertini was present and said that we have had that situ- ation at the pool in the past years and people had to wait. We have cleared the pool and let the other half in He saw no prob- lem controlling the crowds and would accept the full responsibility. The Chairman asked how many swimming tags had been sold? Mr. Bertini replied, over 4,000. Mr. Greeley asked if there were provisions for a communica- tions setup? Mr. O'Connell said that the box was connected with the Fire Department. Chief Corr has assured us of frequent patrolling by the cruiser. The Chairman read a letter from the Chairman of the Recrea- tion Committee, outlining the procedure for the operation of the swimming program and recommendingthe area as a park area and changing the closing hour from 10.00 P.M. to 9 00 P.M. Anyone found in this area after 9 00 P.M would be subject to prosecu- tion to the full extent of the law. Mr. Gallagher was present and said that as far as the number of people was concerned, they would be able to be controlled. The Chairman asked the Board' s feeling? Upon motion duly made and seconded, the following was voted I . The "Old Res" would open on July I, 1970, based on- the operating plan and safety standards submitted by the Town Manager. I L 129 2. That the area be designated as subject to existing Park Regulations, as requested by the Recreation Committee 3. That the closing hours for the swimming area at the "Old Res" be 8 00 p.m. and 9 00 p.m. in the general area The Chairman read a letter from the Recreation Committee recom- mending the closing time of all recreation areas be 9 00, instead of 10.00 p.m., due to the extreme cases of vandalism in the Town. This would include all playgrounds, parks, Willard' s Woods, Center Pool, Reservoir, etc. The lighted basketball and tennis courts would be exempt and close at 11 00 p.m The Committee recommended publish- ing a letter in the Minute-man stating the new closing hours and that any violation of the new time law would be subject to prose- cution according to the law. Mr. Gallagher said that we have had many calls relative to youngsters having parties and raising cain at Willard' s Woods, the playground area and, in particular, the "Old Res" and we feel that the areas should close at 9 00 p.m as it will be a lot easier for the Town to properly supervise the areas. Mr. Kenney said that if we wish to authorize hours beyond that, we could do it at special times Mr. Greeley said that we shouldn't include Emery Park The Chairman agreed. Mr. Gallagher said that they are primarily interested in clos- ing the recreation areas The Chairman said that they would have to specifically name the areas or do it across the board. Mr Greeley didn't think the citizens know which areas are under the Recreation Committee. The Chairman recommended that the Recreation Committee get together with Mr. O'Connell and come up with specific language; check with Town Counsel to see how it should be legally adjusted and be able to prosecute the people for a violation. Mr. Gallagher asked what is the designation of the OOld Res" now and how the Town statutes cover it? The Chairman said that it was just basically considered as Town owned. Mr. Legro said that it was Town owned under the Board of Select- men. Mr Gallagher said that he would ask that the "Old Res" be de- clared a park; we may not be able to enforce the regulations. Mr. Greeley said that we could vote specifically that the "Old Res" be closed at 9 00 p.m The Chairman said that the Board just voted it. Mr. Legro said that when this is referred to me, he wanted to make it clear, it will contain a list of the areas you want included; probably many of them are under the control of the Selectmen The Chairman agreed. 11130 Y Mr. O'Connell distributed to the Board a report on the study of costs for providing a leaf pickup service as part of the plan for banning open burning. He enclosed copies of the state regulations 7 through 52 of the Air Pollution Regulations. Although the open burning ban is effective In July, 1970, this will not apply to Lexington at this time since it does not have municipal refuse Leaf collection. He recommended that we proceed with steps to elimin- Pickup ate leaf burning as a major step toward the complete open burning ban by July I, 1971 . Mr Kenney wondered if there should be a basic policy deci- sion made by the Board or if they wished to wait? Mr O'Connell said that, in essence, this memo makes an esti- mate of what leaf pickup services and patrol would cost this fall if Lexington chose to ban leaf burning; so the Board would have an opportunity if it wanted to further restrict its own regulations to provide leaf pickup. The Board agreed to discuss leaf pickup at the next meeting on July 13, 1970 Mr O'Connell read a letter from the Bedford Air Force which Hanscom stated that the Electronic Systems Division will conduct an open Field house and air show at Hanscom Field on Thursday, August 6, 1970 Thunder- and will feature a performance by the Air Force Thunderbirds, a birds jet aerobatic team. Although it will hold the interest of all age groups, it will be especially appealing to youth groups. The Board agreed to refer the letter to the Town Manager and the Recreation Director Mr. O'Connell read a letter from the Mayor of Brockton in- forming us that a meeting of all mayors will be held in Waltham Mayors on July 2, 1970 at 130 p.m. and he is requesting representation Meeting of Lexington. The Board agreed that Mr O'Connell would attend to repre- sent the Town. Mr. O'Connell reported that the petition of Bedford peti- GCA dents, sent to us by the Bedford Selectmen, regarding G.C.A. testing of nerve gas is essentially, an historical matter and possibly some precautions should be taken. The Board agreed but did not discuss the matter. The Chairman recognized merchants from Lexington Center in the audience Lexington Miss Agnes Bongiorno of Craft Cleaners and Mrs. Doodlesack of Center Reed' s Drug Store were present. Sidewalks Miss Bongiorno said that we have a problem and we hope you will help solve it Construction in the center is hurting the merchants a great deal First of all , they started excavating sidewalks and it is hard for cars to come in and park in Edison Way, and buy or whatever they want to do in our stores. I spoke to Mr McSweeney about the truck in Edison Way and 1 131_ Ill didn't see the truck move; Edison Way is blocked Mr. Doodlesack couldn't get in to open up his store and one customer had to park at Sears to bring cleaning in. We are being hurt and don't see any improvement in widening the sidewalks The Chairman asked if they are at the meeting because of the job the Public Works Department is doing? Miss Bongiorno replied, yes. The Chairman said that you say you called the Town Hall and complained? Miss Bongiorno said that she did. The Chairman asked if it was for Edison Way alone? Miss Bongiorno said that it was blocked from Massachusetts Avenue, cars have a hard time making the left turn The Chairman asked if she was saying the line of traffic is such they cannot get through to make the turn or the Town equip- ment is parked in such a way that they can't. Miss Bongiorno replied both The Chairman asked if it was a Town truck or Edison truck? Miss Bongiorno replied that the Town trucks are on one side and the Edison trucks on the other and cars cannot get into the parking lot The Chairman said that if this is the case, if our trucks have to be parked in such a way to take a lane, there should be no parking. We will make every attempt to keep our vehicles out of Edison Way. Mr. O'Connell will check it and if he finds you can't make a left turn, there should be someone stationed there. Between this construction and Harvard Trust, there is a problem As far as the store front is concerned, we will make every at- tempt to keep it open so that the customers can get into the store. If they schedule work in front of the door, they should start earlier I think these people should not lose their cus- tomers and we don't want to be responsible for that. Miss Bongiorno said that we would like a policeman there. The Chairman agreed; he said that he didn't know if one would be required there all day. Mr. O'Connell said that he would look into the situation The Board agreed that he shouid. Mr. Kenney asked how long is the construction duration? Mr. Burke answered that we will be two weeks; the Telephone Company will be there for two or three days and Engineering will do the concrete and brick work. Mr. Kenney asked if we could request that once the work is completed, if there is backing up of cars and the cars can't make a left turn, should it be referred to the Traffic Committee The Chairman said that the whole thing is referred to them now. Miss Bongiorno said that the fact that the sidewalk is widened makes it difficult for someone coming down to make a left turn and I would appreciate it if you would eliminate parking at the two meters on the right hand side as you make the turn L 132 The Chairman said that we hate to eliminate parking spaces. If it is that the Edison Truck is making delivery, we will have to talk with them to get that truck to the back door. Miss Bongiorno said to take the meters out and we will get more parking spaces. Mrs. Doodlesack said that, normally, the truck is there from 12 N to 100 P.M. The Chairman said that he guaranteed it won't happen again. Mr. Joseph Driscoll of the Gift Shop said that he happened to be in a strategic position to watch the traffic and this after- noon a woman was attempting to make the left turn and the line wouldn't let her through and she couldn't do it so she continued on Massachusetts Avenue. Edison Way is the only access and be- cause of the shutoff at Trani ' s, this does not permit access to the municipal parking lot, and it might help to have a police officer to help people getting in. The Chairman said that we have asked our Traffic Committee to look at the total picture and they are looking at the possibility of making Edison Way 2-way By the time construction is over, they will come back to us with the recommendations and we will get most of the problems and questions ironed out. Miss Bongiorno asked if it would be better if they did it now? The Chairman said that what we decided to do is the better way. A young lady asked if this would be discussed at an open meet- ing? The Chairman said that the Traffic Committee would be happy to meet with her at any time. The Board agreed that Mr O'Connell is to check the traffic situation at Edison Way the following morning. 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 resume the open meeting. Chairman Cataldo disqualified himself and left the meeting. Gold Star Mr Mabee was voted Acting Chairman and conducted the meeting Nursery to discuss the decision on the application received from the Gold Star Nursery for permission to install a 2,000 gallon underground gasoline tank Minutes covering the discussion and vote are re,- ported on page 119 of this meeting. Mr Mabee, Acting Chairman, requested the Board to discuss Seasons the Minutes of June 3, 1970, regarding the petition of Tower Park four residents requesting assistance of the Board regarding the business 1 3 being conducted at 1265 Massachusetts Avenue and requested compliance of those conditions stipulated by the Board of Appeals, such as the floodlights, entry and exit of trucks, and the hours of operation. Upon motion dulymade and seconded, the Board voted to amend the P minutes of June 3, 1970 as follows The Board agreed not to press for action on the violations, pending the outcome of the Board of Appeals hearing. However, it was agreed that a strong letter should be written to the Board of Appeals placing the Board on record as opposing the granting of amendments to permits when such amendments tend to legalize existing violations, and, specifically, recommending that the Seasons Four petition not be granted Mr. Cataldo was not present and did not vote. Mr. Mabee, Acting Chairman, requested the Board to discuss a letter to be sent to the Board of Appeals regarding the Arthur Gaklis hearing held by that Board on June 30, 1970 Upon motion duly made and seconded, it was--Doted to send a let- ter to the Board of Appeals strongly recommending that the petition to amend the permit granted in 1968 to Arthur Gaklis be denied. We believe that legalizing current violations is an undesirable course to follow because such action tends to weaken the position of the Board of Appeals and the enforcing authority; and encourages viola- tions by other permit holders. As a practical matter, preventing violations by other permit holders can probably most effectively be accomplished by your Board simply denying petitions to renew or to amend in those cases where violations have been specifically identified. We hope this petition will be denied. Mr. Cataldo was not present and did not vote. Mr. Cataldo, Chairman, came into the meeting. Upon motion duly made and seconded, it was voted to adopt the recommendation of the Alcoholic Beverages Commission that Package ABC Stores may open at 1 00 p.m. on July 4, 1970, motels, restaurants July 4 and clubs may sell alcoholic beverages during the usual hours on July 4, 1970 The Chairman read a letter from Gardner C. Ferguson, President of the Lexington Federal Savings & Loan Association, stating that there is a hole in the sidewalk in front of the property at II Request Muzzey Street as the result of the removal of a tree. Upon motion duly made and seconded, it was voted to refer the letter from Gardner Ferguson to the Town Manager for the proper action to be taken to correct the condition of the sidewalk. The Chairman read a letter from David L. and Judith G. Singer requesting a push button stoplight at Muzzey Jr. High or Monroe Request School . The Chairman said that we will write to Dr. Singer that the Board does not have the authority to install traffic lights. We will ask the Traffic Committee to make a recommendation on this location t34 Upon motion duly made and seconded, it was voted to refer the Singer letter to the Traffic Safety Committee for a recommendation. Upon motion duly made and seconded, it was voted to approve Bond Bond No 93-51-96 for Eleanor H. Sullivan, Assistant Treasurer, in the amount of $27,400 Upon motion duly made and seconded, it was voted to certify the character of the following, who have applied for Certificates of Incorporation Cert. of Incorp. William H. Maxfield 8 Stratham Road "New England Chapter of Urban and Regional Information Systems, Inc " James Howard 59 Wood Street "New African Company, Inc." Upon motion duly made and seconded, it was voted to appoint the Special following as Special Police Officers for a term expiring March 31, Police 1971 Paul G Yewell Alfred S. Busa Dominic Def lice Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meetings held on May 4; June 3, as amended; June 15, June 23, 1970 as amended The Chairman informed the Board that there are 953 unlicensed Dog dogs in the Town and we should instruct the Dog Officer to inves- Warrant tigate the list Upon motion duly made and seconded, it was voted to sign the Warrant to the Dog Officer to investigage the list of 953 unli- censed dogs McGonigle Mr O'Connell reported to the Board that Mr. Hanson's letter Dog of complaint against the McGonigle dog had arrived today The Chairman read a letter from Pleasant Brook Association, Mason Street and White Pine Lane residents, requesting traffic Pleasant signs and bumps in the road on Mason Street Brook Upon motion duly made and seconded, it was voted to refer the Association request of the Pleasant Brook Association to the Traffic Safety Committee for recommendations. The Chairman read a letter from Edward D Duncan, President of the Lexington Savings Bank, stating his concern about delivery Waltham St trucks in the public parking lot on Waltham Street. Parking Lot Upon motion duly made and seconded, it was voted to refer Mr. Duncan' s letter to Chief Corr for his investigation and recommend- ations. 137 The Chairman read a notice from the DPU that a public hearing will be held on the acquisition by Benjamin R. Goodman of the Vocell Bus DPU Company, on July 2, 1970 at 10 00 a.m. Vocell The Board agreed that this is just informational and a representa- Bus tive of the Town need not be present. The Chairman read a letter from Joan Cafarelli , 51 Eldred Street, requesting the use of the Green for an anti-Vietnam speaker and dia- logue; no specific date was mentioned. It was agreed to reply to Miss Cafarelli that the Board believes the Green should be reserved for those ceremonies which are clearly Request of Town-wide interest and which have, as their major purpose, recog- For nition of the unique role which the Green plays in the history of Battle Lexington Although the Board feels that the Green should not be Green used, to ask Miss Cafarelli to contact the Town Manager to see if some arrangements could be made for another location in the Town. The Chairman read a letter from the Massachusetts Selectmen' s State Association informing us that the 42nd Annual State-wide Town Meet- Select- ing will be held at the Marriott Motor Hotel , Newton, on Friday, men' s Saturday and Sunday, October 2, 3 and 4, 1970. Meeting The Chairman read a letter from Commander Sherman of VFW Lexing- ton Post No 3007, suggesting that Countryside be named Spec. 4 Stephen A Spier' s Corner, as a memorial to the first young man from VFW Lexington killed in Vietnam. Request After discussion, the Board agreed that a Memorial Committee be set up with the Town Manager as Chairman and consist of members from each service organization plus some of our Lexington veterans Com- mander Sherman is to be answered to this effect and Informed that when the committee has been formed, this will then be discussed. The Chairman read a letter from Mrs. Earsy, President of LWV, submitting the following nominees to represent the League on LCSR Mrs. J. Keith Butters, Mrs. Joseph Cochin and Mrs. David McGavern LCSR Upon motion duly made and seconded, it was voted to appoint Mrs. J. Keith Butters a member of the LCSR to represent the League of Women Voters, for a term expiring June 30, 1971 Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Arthur T. Bernier, representative LCSR of TMMA, as a member of the LCSR The Board agreed to appoint the members of the Lexington Com- LCSR mittee on Suburban Responsibility at the next meeting on July 13, The Chairman read a letter from the Chairman of the Planning Board informing us that Senate bill 235, to place the Metropolitan Area Planning Counsel on the same legal basis as other regional MAPC planning agencies, taking it out of state control , is now in the Senate Senate Ways and Means Committee The Planning Bd. recommends that this bill 235 is a desirable legislative proposal which should be supported. 136 The Board agreed that a letter be written to the Chairman of the Senate Ways and Means Committee stating that the Board is in favor of the passage of Senate Bill No 235 and request the Com- mittee' s support of the bill . The Chairman read a memo from Mr. Zaleski , Chairman of the Traffic Committee, recommending that the Lexington Post Office Superintendent be requested to locate a roadside mailbox at the Post Office bus stop on Massachusetts Avenue near Wallis Court; this will Box prevent illegal U-turns to the mailbox next to the Town Offices and somewhat reduce the congestion in this area Upon motion duly made and seconded, it was voted to request the Superintendent of the Lexington Post Office to locate a road- side mailbox, on a trial basis, at the bus stop on Massachusetts Avenue near Wallis Court. The Chairman read a memo from Mr. Zaleski , Chairman of the Traffic Committee, answering a request by the Board of a recon mendation on a letter received from Mrs. Cummings, 4 Pleasant Street, complaining of conditions at her home on Sundays be- cause of Wilson's Farm and the Sacred Heart Church Cummings The Traffic Committee knows that traffic congestion exists Request at this location but there is no traffic solution to this prob- lem, short of a major redesign of the entire jun* tion. The approach of curtailing Wilson' s operations for Mrs. Cummings is clearly beyond the scope of this committee. A measure of relief may be obtained if Mrs. Cummings asks the police officer on duty for assistance when ready to leave her driveway The Board agreed to write to Mrs. Cummings and inform her that Chief Corr has been requested to instruct the police of- ficer on duty to assist her on entering and leaving her drive- way whenever he is on duty, and to police the area at all times The Board discussed a letter received from Frank Michelman regarding persons who wish to petition and leaflet on the side- Michelman walks. Sidewalk After discussion, the Board agreed to write to Mr Michel- Use man that the Board has no intention of interfering with persons who wish to "petition" and " leaflet" in a lawful manner. Our interest is, as it always has been, to insure that individuals or groups do not unreasonably obstruct the movement of other citizens over the Town's streets We, therefore, will .00ntinue to ask that permits be acquired from the Board of Selectmen be- fore any booths, furniture, or other obstructions are placed in a public way, and feel that this is a reasonable interpretation of Article XXIV, Sec 6, of the General By-Laws The Chairman read a letter from Governor Sargent regarding the Massachusetts' report to the forthcoming White House 137 Conference on Children which has been called by President Nixon for December 13 - 18, 1970. The Governor requests us to forward infor- Mass rhetien. to the Massachusetts Committee on Children and Youth. Children & The Board agreed to refer the Governor' s request to the Town Youth Manager, who will contact the Recreation Committee and the School Committee Department and submit a report to the Board within a month. Upon motion duly made and seconded, it was voted to grant per- mission to the residents of Taft Avenue for a street party to be held on Friday, July 10, 1970, in front of 55, 56 and 56A Taft Permit Avenue, from 8 00 p.m to II 00 p.m , not until 12M as requested The Board agreed to appoint the Committee on Street Proce- Street dures and Underground Wiring at the next meeting on July 13 Committee Upon motion duly made and seconded, it was voted to approve 1970- 1971 the Jury list for 1970- 1971 . Jury List Upon motion duly made and seconded, it was voted to sign the water abatements for the following Name Amount Reason Edward D'Entremont S 3 42 Wrong billing Leonard Levy 38 40 Owner sent wrong reading M.I .T. Lincoln Lab. 2,300 00 Meter read wrong Water Mr. Webber 29 75 Meter read wrong Abatements Salvatore Capotosto 8.75 Meter out Robert H. Calbourne 11 .55 No blue slip turned in Donald MacLeod 22.03 Wrong billing Robert O. Tillinghast 60.54 Wrong reading by meter man Michael Pagginis 17.55 Wrong billing Thomas MacBeth 101 . 17 Wrong reading by owner Carl Beggs (Coin Laundries) 8.75 Wrong billing Albert MacGregor 15.75 Wrong billing Stanley Oley 13.68 Wrong billing Anneliese M. Suderow 16.80 Owner sent wrong reading Vincent Bucca 122.50 Wrong reading E.G. Carlson 7 35 Owner sent in wrong reading William Broder 32.60 Wrong reading by meter man Joseph Bertolomi 40 60 Wrong reading by meter man William Treiber 18.29 Wrong billing Felix Pardo 12.60 Wrong reading taken The Chairman informed the Board that Mrs. Anita Brown of the Masterworks Chorale has been conducting a summer sing at Cary Memo- Master- rial Hall every Tuesday evening Mrs. Brown explained that their works funds are limited and asked if it would be possible to have a Chorale police officer on duty, but not paid by the Masterworks Chorale. The Board agreed that Mrs Brown would have to have a policeman on duty and pay the minimum of $20, $5 an hour, minimum of four hours. I 3 The Chairman informed the Board that Mr Nickerson, Chairman of the Board of Appeals, had talked with him about the illegal Town Office signs at the Town Office Building; the By-Law says there are''fb Signs be no hanging signs; they are to be stationary, not swinging as they now are at the entrance and exit of the Town Office drive- way We have to apply for a hearing and go before the Board of Appeals. The Chairman informed the Board that he, Mr. O'Connell and Mr McSweeney had met with Mr White of Green and White regard- ing the purchase of the school site in the Woburn Street area We had an understanding with him on what each one of us was going to do and then come back for another meeting before we reported back to the Board. I then read in the paper that he had sub- Green & miffed a subdivision plan This bothered me because we had White agreed that he would not do this until we had dug some test holes Sub- and made some further evaluations and agreed on what the Town division should take Mr. O'Connell , Mr McSweeney and I met with Mr White and Mr Green today and told them wa were unhappy with what they had done. They asked us what we thought they should do to rectify the mistake. We all agreed the subdivision plan should be withdrawn and to proceed along the lines of our original agree- ment The Board agreed to this approach and asked the Chairman to inform the Planning Board of this decision, we would not attend the July 13 meeting and recommended that the Planning Board wait until the Board agreed amongst ourselves on what approach to take. Cotton Ash- The Board instructed Mr. Legro to draw the necessary papers ley Land to make the taking of the Cotton-Ashley property The Chairman mentioned the Steeves' property. Mr. Legro said that nothing is consummated The Chairman said that there is no written final offer on the Busa taking; one was made last December, but not in writing We should get a description and a plan of it Buse Mr Legro said that the description must be adequate, if not Taking identical , with the existing recorded pian. The Chairman said that we can vote at the next meeting for Town Counsel to proceed with the Busa taking. 1 "• The Chairman read a letter from Thomas Taylor regarding the possibility of a separate access on Waltham Street to the pro- Clematis posed Junior High School and, also, the possibility of using Town Brook equipment to do the work necessary on Clematis Brook as it flows through the school site. The Committee is presently planning to leave the brook open but clean it out, gently bank the sides and provide a gravel bed and believe that substantial money could be saved if this work could be done by the Town. 1. 39 The Chairman said that his position at this time is that the Town not undertake this project as it should be part of the site contract; it would end up costing us more money if we do it. The Board agreed to inform Mr. Taylor that the brook should stay open but the work should be included in the site contract. The Chairman read a letter from Associated Estates regarding easement lines on 1628-32 Massachusetts Avenue and Wallis Court, and requesting a meeting with the Board to discuss this. Mass. Ave. The Board agreed that Mr O'Connell is to talk with Mr Wallis Ct Comeau of the Associated Estates A copy of the letter is also to be sent to Mr. legro. The Chairman read a letter fran the State DPW, stating that a TOPICS agreement, forwarded to the Town, has not been returned to TOPICS the State DPW The Board agreed that Mr. O'Connell is to take care of the matter. Mr. Kenney informed the Board that he had written a letter to Colby Kelley regarding the present use of Estabrook Hall for Town departments and had assured the Trustees that every effort will be made to take care of future requests fran citizens who have used Estabrook the hall in previous years; when requests are received, arrange- Hall ments will be made to find a suitable location for them. The renovations of the Police Building were discussed. Upon motion duly made and seconded, it was voted to authorize Police the Town Manager to spend up to $5,000, specifically for providing Building for structural changes for air-conditioning in the Police Building. The Chairman read a letter from Peter Clarke of Re-Place to Mr. Gallagher, Chairman of the Recreation Committee, stating that in order for the youth to take advantage of the services which they have to offer and to raise money in support of the program, they have considered the idea of having a benefit for Re-Place on Re-Place July 26, 1970 from 100 p.m to 7 00 p.m The benefit would be set Benefit up in the style of a concert with numerous groups playing, covering Request the entire time; to hold it in the enclosed football field so that it could be kept under control and to ask for a $2 donation to cover costs. The maximum number of people allowed in will be 2500- 3000. The Board agreed that Mr. O'Connell is to talk with Peter Clarke regarding another location and, also, discuss this with Chief Corr. Mr. O'Connell is to report back to the Board Upon motion duly made and seconded, it was voted to adjourn at II 38 p.m. A true record, Attest dO , )27 ,�<.,� Executive Clerk, Se lectme 140 SELECTMEN'S MEETING July 13, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room of Cary Memorial Hall on Monday evening, July 13, 1970 at 7 30 p.m Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present; Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager; 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 to locate conduit on Waltham Street, north of Blossom- crest Road. Notices of the hearing were mailed to the petitioner and filed with the Town Engineer Mr. Pratt, representing the Boston Edison Company, was pres- ent and said that this petition is for conduit on Waltham Street and Blossomcrest Road for increased service in that area by build- ing a manhole and coming off a pole into the area We had a petition last spring and the State wouldn't allow us to go in there as it was within the five year period. The Chairman said that on the night of the hearing, he had Conduit specifically pointed this out and informed you that you would Waltham St need State approval and doubted you would get it. This petition Blossomcrest says 24 feet north of Blossomcrest Road Road Mr. Pratt said that we would like to build this manhole. The Chairman asked if this would be at the same corner? Mr Pratt replied that it would be on the opposite corner. The Chairman asked if it would go in the shoulder and if they would tear up the pavement? Mr McSweeney said that this is all in the brand new pave- ment The Chairman asked what the advantage would be to have this conduit? Mr. Pratt replied that there is a load there and this would have to come out of this manhole and distributed in this area The Chairman asked if there was all the power in the man- hole they would need% Mr. Pratt replied, yes. The Chairman asked if the Board had any questions? No reply The Chairman asked what would lead Edison to believe our policy would be better than the State' s, they say they wouldn't tear up the pavement for five years. Edison knew that would have to be done 1 144 Mr. McSweeney said that he had told Mr Pratt that they could go another 25 feet and come over to a pole into Concord Avenue and start and come down on Concord Avenue; this would all be in the old ave- pave- ment. Mr Greeley asked if we want to encourage more reliance on poles? No reply. Mr. McSweeney said that they could move it back in this case and another petition to be discussed tonight Mr. Pratt said that he had talked with Mr. McSweeney and then Mr McGavin, Edison Engineer, and they have stayed away from putting the manhole in the State section and thought it would be acceptable to put it in the section shown on the plan The Chairman asked if the location could be changed? Mr Pratt said that there is an existing line now and it would go to a manhole. Mr Greeley asked why not put the manhole near the pole? Mr. Pratt said that we like to keep away from intersections Mr. McSweeney said that we are recommending they put it where you don't have to tear up the new pavement. The Chairman asked Mr.. Pratt how long it would take to research for a new location? Mr. Pratt replied, less than two weeks Mr. Greeley said that he didn't want them to do something that makes it harder for them to put it underground later on The Board agreed to table the petition submitted by the Boston Edison Company to locate underground conduit on Waltham Street, ap- proximately 24 feet north of Blossomcrest Road, a distance of about 90 feet - Manhole and Conduit Hearing was declared open upon petition of the Boston Edison Company to locate underground conduit on Waltham Street at Concord Avenue. Notices of the hearing were mailed to the petitioner and filed with the Town Engineer. Mr. Pratt said that the same conditions exist on this peti- Underground tion as on Blossomcrest Road Conduit Mr McSweeney asked if they could give us some information Waltham St as to why they want to go into the new pavement Concord Ave The Chairman said that if we let you open it up, we set a precedent; if there could be some way of working around this; work with Mr. McSweeney and your Engineer and get this resolved Upon motion duly made and seconded, it was voted to table the two petitions submitted by the Boston Edison Company to locate underground conduit on Waltham Street at Concord Avenue, a dis- tance of about 90 feet; also, the above mentioned petition. Mr Legro said that some time ago Mr. McSweeney asked me to prepare an Order of Taking for a drain easement on the properties Order of of Edward J & Margaret Stande, 62 Middle Street and Kathleen M Taking & Patrick H. Arter, 64 Middle Street. Both parties agreed to this Drain so no damages are to be awarded He requested the Board to sign the Order of Taking 142 Upon motion duly made and seconded, it was voted to sign the Stande-Arter Order of Taking for a drain easement on the properties of Edward Drain J. & Margaret Stande, 62 Middle Street and Kathleen M. & Patrick H. Arter, 64 Middle Street; with an award of no damages Mr. Legro informed the Board that the Town Clerk has sent him a revised contract for the purchase of seven voting machines. Voting There are to be two changes made and a representative of the Machines Voting Machine Company is coming out and initial these and a bond to be sure these are in proper form He requested the Board to sign the purchase contract, subject to his approval . Upon motion duly made and seconded, it was voted to sign the contract for the purchase of seven voting machines from the Auto- matic Voting Machine Company, subject to the approval of Town Counsel . Mr. Legro said that Mr. Cataldo, Mr. O'Connell and he had discussed a letter from an attorney in California in respect to the taking of three lots of land in the refuse disposal site owned by Constantine Lecoures He had checked through the Town Counsel file and found that on June 19, 1962, Mr. Stevens had a call from Mr. Couette regarding this and Mr. Stevens got the information that the Town had agreed to pay $215, he had then relayed the informa- tion to Mr. Couette, and that's the end of the rope; that is a very likely occurrence. These takings were handled in part by Fred Staples, and those that couldn't be handled by September I , 1962 Lecoures Land were handled by Mr Stevens, and I completed them. There is nothing Reed Street to indicate that Mr. Lecoures ever accepted the damages or that he ever wrote in response to it The indication is that Mr. Staples showed him a deed and told him that amount was $215 This was done in the days when it was customary to award damages of $ 1 . There was a tentative offer of $215 and if the Board wants to award it, in spite of the fact that the time limit has run out Mr. Greeley asked, we know he never got anything? Mr Legro replied that this is where my information ends; it would be unfortunate to Make any award payment if any payment was made. There might have been a release taken. A record ought to be run to see what was charged against the refuse disposal account. The letter from the attorney says he was told no settlement was made at that time. It is extremely unlikely the Board might have taken the position that the land was worthless and maybe found making a settlement of $50 or $75 a lot, and, maybe, said to wait and we will make the offer This is in Harold Stevens' writing The Chairman thought we have an obligation. Mr. Legro said that we can write to his attorney and tell him that the figure authorized was $215 and it is somewhat higher than others at that time. Mr. Greeley asked if you do that, what do you do to the sta- tute of limitations? Mr. Legro replied, nothing . I 143 Mr. Greeley said that if the statute has run out, he can't le- gally expect anything . Mr. Legro said that the Board has wisely, on some occasions where the award of damages is made in the taking, honored the award, and this is stretching it The date of the letter from the Cali= fornia attorney is September 25, 1969 and it wasn't answered. The Chairman said that we have a moral obligation. The first step is for Mr. O'Connell to check that account and see who got paid out of it, and if this fellow is one of them. It is my feel- ing to go back and re-affirm our offer Mr. Legro said that there was a balance in the account the last time he had looked at it Upon motion duly made and seconded, it was voted to authorize Town Counsel to re-affirm the Town' s offer of $215 to Mr. Constan- tine Lecoures as a result of a taking in 1962 of lots 5, 6 and 7 Block 46 Reed Street, subject to investigation by the Town Manager that previous payment was not made to Mr Lecoures Mr O'Connell discussed his report to the Board on the study of costs for providing a leaf pickup service as part of the plan for banning open burning. He said that this was written on the assumption that we would start some sort of leaf pickup this fall . The Chairman said that this doesn't take effect until 1971 . Mr. Mabe asked Mr. O'Connell if this would be his proposal for next year? Leaf Mr. O'Connell replied yes; if the Board wants to start en- Pickup forcing the ban on outdoor burning; we should have a pickup in the spring and the fall The Town has no legal obligation to enfoce it until July of 1971 The Chairman asked if he is going to move that we put it in Lexington, where would you get the money? Mr O'Connell said that to do it this fall , we would have to ask the Appropriation Committee for a transfer; you would need about $ 10,000. The Chairman said that you couldn't start for that; it would take the same amount of money for next fall or spring for Imple- mentation Mr O'Connell said that if we defer it until spring, you will have an opportunity to ask for the money ahead of time. The Chairman said that you would need a substantial amount of money; you would need equipment. Mr O'Connell said that most of the money would be for man- power. Mr Bailey asked if he would use the Public Works Department? Mr O'Connell said that he had said that in the memo it might be cheaper, or by a special contract with a refuse service con- tractor Mr Kenney said that we should reflect back to air pollution; the article was postponed with the agreement that we meet with these people to come up with a more forward step to eliminate open burning, which we did, and then we said we would consider them again 144 The Chairman said that it was good as long as you don't tie them together; if you ban burning, you have to pick up the leaves Mr. Kenney said that these are closely related, we are one of the Towns given a year's grace There are a lot of people in Town that look forward to immediate implementation. Once the State passed that, the townspeople expect it. Mr. Mabee thought we should go to the Appropriation Com- mittee and ask for $10,000 and tell the Town this is for the bags this year and next year Mr. Bailey said that if we ask for $10,000, we are going whole hog. Mr. O'Connell said that we have estimated two pickups would be needed in the fall and two in the spring, our experi- ence might show we would not need more Mr. Bailey said that he would not vote for anything unless you put the ban with it Mr O'Connell thought we should start for yard purposes and incinerator later on. At first it would be leaves; the other would be left to the authority who grants permits Mr. Mabee said that his neighbors are up in arms about it. The Chairman said that if you are going to need two in the spring, you are going to need eight in the fall, your main thrust is in the fall . I , myself, can't see going to the Appropriation Committee for this kind of money. If Town Meeting ants to appro- priate money fine, but for us to go out and start on this basis analysing the situation, the job is well done, but I am not going to vote to go to the Appropriation Committee. Mr. Mabee asked what are you going to do? The Chairman said, that is a monster they have here Mr. Bailey said that other towns are coping with this very successfully The Chairman said that they are picking up leaves and rubbish but they are not coping with this law; that is the monster. Mr. Greeley asked if we are ready to enforce the present law? This says a permit every time you burn Mr. Kenney said that we keep a record of the number of phone calls to the fire department. We had started a system of patrols. Mr Bailey said they were not checking on permits; they couldn't possibly There is no possible way you can enforce this. Mr. Kenney said that we have said that about that way of doing it. Why the hesitancy in asking for $ 10,000? The Chairman said that if Town Meeting wants to go into this, fine. Mr. Kenney said that we have to cope with an existing law The Chairman said that Arlington spent $27,000 for a pig; do you want to go from there? You can take that law - if everything was put into effect that was in that law, we would go up through the roof; I can't see it ever being implemented. I 145 Mr. Kenney said that you are getting into technical stuff like incinerators; this would be relatively simple to enforce with leaf pickup Mr. Bailey said that we are directing ourselves to leaf burning The Chairman didn't think that leaf burning is that serious as compared to the rest of it. Mr Bailey did think so. Mr Kenney said that it is the most obvious if we allow leaf burning in the fall , people will say, how come? I agree with you it is going to cost the Town money The Chairman asked what they want to do? Mr Bailey suggested asking Mr O'Connell to talk it over with the contractor, the first thing the Appropriation Committee will ask is do you have the figures The Chairman asked, a contractor to pick up leaves? Mr. Bailey replied, yes Mr. O'Connell said that it would have to be on the same basis as outlined here. One of the ways that was suggested was with a bag that will disintegrate at the sanitary landfill ; it was my plan that the Town would buy the bags and offer them at cost. The Chairman asked how they would get to the landfill? Mr. O'Connell said that we plan no extra money to handle in a special way Mr Kenney said that there was no doubt there would be some difficulty but if they only picked up twice in the fall , it means that most of the people would have to take them to the dump. In the future, we will have to look at a more complete program The Board agreed that Mr O'Connell will talk with contractors for estimates on leaf pickup Mr O'Connell informed the Board that we have received bids for the lighting of tennis courts, for which $8,000 was appropri- ated under Article 55 of the Annual Town Meeting. Three bids were received as follows W.H Hughes, $7,600; Lambert Electri- cal Co., Inc., $9,450; Davis & Sons Electricians, Inc., $ 14,500 My recommendation would be to award the contract to the lowest bidder, however, we find delivery of steel poles would Tennis take IS weeks therefore, we have been investigating the alternate Courts use of wood poles at $5900 My recommendation would be to award Lighting the bid at $7,600, subject to investigation of the other type pole. The Chairman asked for an explanation in the spread of money in the three bids Mr. O'Connell asked Mr. McSweeney for the reason Mr. McSweeney said there was no explanation from him; he had taken the three bidders out to the job to look at it Upon motion duly made and seconded, it was voted to award the contract for the lighting of the tennis courts to W.H Hughes, Inc., 22 Church Street, Watertown, Massachusetts, in the amount of $7,600, subject to the investigation of using wood poles at $5900 146 Mr. O'Connell informed the Board that one bid was received on the tennis court construction, as authorized under Article 54 of the 1969 Annual Town Meeting with an appropriation of $ 14,000; there is a balance in the account of $ 13,970. The bid was re- ceived from Warren Brothers Company, Division of Ashland Oil Inc., 509 Main Street, Saugus, in the amount of 18,800. The Chairman told Mr. McSweeney that we talked to the Recrea- tion Committee last year to change the specifications on this pavement Mr. McSweeney said that we changed it and mailed it out to all the people the Town had business with in the past and adver- tised in the paper; they didn't even come out and pick up the specs. Mr. Mabee said that this money was appropriated in March, 1969 and roughly, 15 months later, no bid; we still have yet to get a legitimate bid. I am thoroughly disgusted. Are we hand- ling it right on specifications and at the right time? The Chairman said that these fellows put in many hours of work to get these contractors in to bid. Mr. O'Connell said that one thing is, we have to go through the public procedure and negotiate the bid to make it attractive to them; therefore, our invitation is never attractive and that is why we got just one bid Mr. Mabee said that for some reason we are not a prime client Tennis Court Mr. McSweeney said that we met with the people who bid $ 18,800 Construction and they gave me $ 11 ,000. Mr. Kenney said that maybe we should do it ourselves. Mr McSweeney said that the only information we received was from a contractor in Needham and he is building so many, he wouldn't even bid it Mr. Mabee asked how Belmont, Winchester and Wellesley built theirs? Mr. McSweeney didn't know. Mr. Mabee said that maybe we should do it ourselves Mr. O'Connell agreed, except for laying the court. Mr. Bailey asked how much the other towns are paying? Mr. O'Connell said that he inquired in the spring and it was $7500 a court for a pair of courts with only one backstop; that would be $ 15,000. Mr. Greeley asked Mr McSweeney if the Recreation Committee had come in with a higher figure and we pushed them down? Mr. McSweeney replied that was on the lighting. The Chairman said that these fellows have made every effort on this. Mr Mabee said that the bids went out too late the first year. The Board agreed that Mr O'Connell , Town Manager, is to pur- sue the matter of tennis court construction. Mr. O'Connell informed the Board that a petition addressed to the Board of Selectmen was received today. This was in regard to 1[ 47 an objection to a latrine being set up on the premises of Duncan MacDonald of Hancock Avenue This same complaint was received by the Board of Health on Friday and no permit had been issued nor had one been applied for Further investigation showed that a group of students were using Mr MacDonald's barn, with his approval, for a summer theatre. He had a call a week ago from Mr. MacDonald on the summer project and he inquired what steps to take for these students to put on performances in the barn Mr. MacDonald was advised that a Board of Appeals permit would be required, if they chose to grant it Mr. MacDonald was going out of town and said that Karen Wells would call , and she did the following day, and she wasn't inter- ested in finding out what to do to comply to go forward to have performances in the barn. During the week, Mr. Soule apparently trying to help them contacted the Inspection Department and the Board of Health, and there were contacts with the Police Department relative to what proper authorization was needed for public theatre performances they were told the next step was to get a permit from the Board of Appeals and only after this would their permits be issued. They pointed out that considerable requirements would have to be met. We have continually tried to prevail upon them to get some building already approved for public assembly but there has been no interest whatsoever in that approach This morning, the Building Inspector looked into the matter and wrote to Mr. MacDonald. I received a telephone call from Mr MacDonald prior to receiving the hand-delivered letter and he wanted to explore with Summer me in alternate course of action he might take in order to have the Theatre performances still take place. An organization of performance is exempt from these requirements and asked about a hypothetical form- ation of a private trust for the performing arts for the purpose of encouraging summer theatrical programs and inviting as his personal guests people from Lexington to view these performances. I told him these posed legal questions and to get legal advice Mr. MacDonald indicated no desire to follow this approach of trying to have these performances take place As matters now stand, as I know them, this group intends to go forward and hold performances, they were advertised in the Minute-man as taking place and I thought the Board should be advised. I think we will need the guidance of the Town Counsel as to what, if anything, the Town should do beyond this letter should the performances go forward Mr. Greeley thought there were more facts; he believed they approached the Board of Appeals recently and were told there wasn't anything on the docket but they would have some time in September; they were having summer theatre and they were unable to get it; he didn't know how recently this was Mr O'Connell believed Mr. Soule called Mr Nickerson on Fri- day Mr. Greeley said he was interested in what prevents Mr. MacDonald from inviting 50 guests to his barn Did I understand you to say that had legal complications? 148 Mr O'Connell replied, no, he, in effect, was saying if this is the case, do I need Town approval ; I told him I couldn't answer, does this constitute public assembly or doesn't it Mr. Greeley said he didn't know what Mr MacDonald proposes to do but he got the impression indirectly that he would be perfectly happy to invite them as his guests and we should know if he were failing to conform to the Town' s by- laws if he did invite them as guests Mr Bailey asked what is the difference between guests invited to the barn or a living room? Mr. O'Connell said that the notice was advertised in the paper; if he chose to invite his friends, does that mean he is cancelling the public performance? Mr Greeley said Mr MacDonald is asking that, too Mr. Kenney asked can he hold it without some sort of public ap- peals permits? They are asking for a change, to hold it without a charge. These kids were misguided, there is no question of that; they put in more than a month of hard work fixing up the barn, and it makes them highly reluctant to move to a church They got them- selves, through no fault of the Town, into a box and Mr MacDonald is trying to find some reasonable way to help them out of the spot Mr O'Connell said that he was thinking out loud of ideas of exploring Mr. Greeley understood that You didn't know what the legal complications would be? One of the first things is, a good answer as to whether there is some regulation they would be breaking to support the contention that these people could be there as Mr. MacDonald' s guests. The Chairman said that if Mr Irwin closes it up, this is his prerogative Mr Kenney asked if the "out building" was still there? Mr O'Connell said that it had been removed. Mr Kenney asked if the neighbors objected to it Mr O'Connell said they objected to more than that, Mr Kenney asked if it were encumbent upon the Board to bail him out? Mr. Greeley replied, if they don't collect 50(t at the gate. Mr. Kenney said if they do it two or three nights a week, we would have trouble Mr. Greeley thought they are still trying to find out what they should do. The Chairman said that Mr Soule had come to see him and said that Mr. O'Connell wanted to see him; his attitude is, can't the Board or the Town bend a little and look the other way My answer to him was if we didn't know, fine, but you have advertised in the paper; as a builder and a Town Meeting member, you should have known better than to encourage the kids; now you are putting us in the middle and we do not know what the answer is. We feel sorry for the kids; you people and the kids were informed away back there were problems and Mr. O'Connell would work with you . The next thing, it is in the paper to have six or eight shows. What they have in mind, I don't know. 149 Mr Greeley thought they should have their shows in sane place ap- proved for public assembly The question is raised what to do if it is held in Mr MacDonald' s barn; we have to be pretty careful of our legal grounds if we are going to try to interfere with their shows. They are trying to work out doing it legally and we would be ill- advised if it is not illegal Mr. O'Connell pointed out his area of concern was that if any- one goes to a public performance, regardless of whether he is making a donation, he goes with the impression of safety, approved by the Town officials for a gathering; we owe him that This leaves a great deal to be desired for public safety; we don't know the number of people who would go in the building and we have no way of knowing The Chairman said that he had told Mr Soule about smoking and if it went up in flames and we told him we allowed it, he would say why did the Board do this. Mr Soule said he, also, had called Mr. Nickerson, who said there were no meetings in August and it had to bean advertised meeting. If they had listened to Mr. O'"Connell when they first called him, they could have been on the agenda. Mr Kenney asked why they can't move to another location? Mr. Bailey said he was guessing it was the magic of the barn Mr Greeley asked what is the alternative if they call if off? The Chairman said that they don't have to do that; all they have to do is go to the First Parish Church Mr Greeley said that is not legal because it was advertised at the barn; we should find out. Mr. Bailey thought we should definitely encourage the Building Inspector to talk with Town Counsel Mr O'Connell read a letter to the Board from F W.K. Smith, dealing with new property the Conservation Commission has interest in and whether the Board feels they should request Town Counsel' s advice. This is the Cook property at the corner of Massachusetts Avenue, Woodberry Road and Stratham Road. Mr. Legro said that he had written a letter on this tonight and calls attention to the fact that there are two paragraphs in- Cooke serted on the reverse side of page one and the deletion of the Property paragraph on the third page relating to preparation and submission Option of a plan by the owners These changes in the option as prepared by me were made at the time of signature by the optionors. In his letter of transmittal , Mr. Smith states that all of these changes are satisfactory to the Conservation Commission. I expect that you will want to have the effects of the changes carefully con- sidered so as to determine whether the option is in acceptable form to be exercised It was the Board' s position that there were provisions in this option that were not in it when it was originally brought to the attention of the Board. It was agreed that the Town Manager is to discuss the option with the Conservation Commission. 150 Mr O'Connell informed the Board that he had obtained from Mr. McSweeney the proposed TOPICS contract. A question had been raised by Town Counsel and the basic question posed is whether or not the Board of Selectmen is desirous of entering into this con- tract The Chairman said that Mr Legro gave comments on the ques- tion raised by Mr Gray that the Town is committing itself to completing the work As I understand it, under the original program, they would mdo a study of the Town and come back to us with objections or acceptance. Mr McSweeney said that it was his understanding that both of the questions came up on how this agreement would work The Chairman asked if he had gone over these points with Mr Legro? Mr. O'Connell replied, no; the point being made is that this agreement does contain the agreement of the Town being obligated to complete some project once the project is started; the question is how much of a risk not in accepting the contract as it is being used elsewhere or do the potential risks exceed the benefits? I feel it is worthwhile The Chairman understood that we could not make any altera- tions in the traffic system It doesn't control Waltham Street; if we sign now, what does it commit us to? Mr McSweeney said that it commits us to the first stage 'of TOPICS hiring a consultant to make a survey of all the arterials in Town. The Chairman asked if we can stop at the end of the first phase? Mr. Legro did not remember what he had said. Mr Kenney asked if it was said that under certain circum- stances, we might be forced to continue with a project Mr. O'Connell thought that possibility is there; that is not crystal clear. Mr. McSweeney said that the federal government will provide funds; if the State says three lanes on Massachusetts Avenue, they are saying you will have to go along if they say they would be 12' lanes If we go into this, we have to accept this be- cause they are paying the total bill The Chairman said if they get half way through and they run out of money, we have to finish it? Mr. McSweeney said that if we go into this on that basis, he would recommend we sign this with that phase checked out, with the option we can get out at that time Mr. Bailey said that at the time we discussed it, it wasn't clear. Mr. Kenney asked if, at the end of the planning stage, to abandon it? Mr. McSweeney said that they are paying the bill The Chairman said that these two points should be checked out. Upon motion duly made and seconded, it was voted to sign the TOPICS agreement subject to the possibility of not accepting their report that the agreement would be null and void at that time 1.51_ Mr O'Connell read a report from the Planning Board on Mr Luongo' s request to buy the lot on Valleyfield Street They have no Luongo objection to the abutting owner buying it, provided the two lots are Tax Title joined This is the same position the Planning Board took last year. Lot Upon motion duly made and seconded, it was voted to advertise for bids on tax title lot 53 Valleyfield Street. Mr. O'Connell gave a progress report on the old "res." He said that we have been maintaining a night watch; we have found an indi- cation for two more requirements; we have to provide some form of limited shelter for the lifeguards in case of bad weather and we are looking into the possibility of a vestibule There has been a prob- lem of cars parking in the rear of the Bridge School area and cars come around while children play in that area, if we are going to avoid this, we would have to put up some posts and a chain. The Chairman asked how long we are going to run the water in there? Mr. O'Connell said that we have reached the overlow point and in order to make up the daily loss, we will have to add water with Old "Res" either one 21" hose continually or two 21" hoses for the hours the bathing beach is open; the answer is full time. The Chairman asked if there is a meter on that line? Mr. O'Connell replied, no Mr. Greeley asked what the loss i5 due to? Mr O'Connell replied, evaporation There is a silt condition because of a heavy runoff down the brook and through the lagoon; we have since blocked the pipe between the two; he thought that every time we have heavy rain, we will have a silt problem. After we have the algae treatment, we have to clean the beach. The overall reaction has been favorable. Mr Mabee asked if we would have to go to the Appropriation Committee in six weeks? Mr. O'Connell replied in the affirmative The Chairman read a letter from Mrs. Bonasera, Town Meeting Member of Precinct I, requesting permission for the boys in the neighborhood to use the parcel of land behind the B & M Railroad tracks and the Cliffe Avenue side of Mill Brook for recreational purposes. The Chairman,r,ead a memo from the Recreation Committee stating Recrea- that the land could be used for recreational purposes; it would be tion Area necessary to have some clearing of the land but their budget is such that they cannot help in the development of the area The Chairman read a memo from the Town Engineer showing a plan of the Town-owned land The Chairman said that he had talked with Mrs Bonasera and all she is interested in is having a place for the kids to play ball . It was agreed to write to Mrs. Bonasera that the Board had no objection to the children in the neighborhood using the land for recreational purposes 15 The Chairman read a memo from the Town Engineer, recommending the approval of a request received from Peter E. Glaser, 62 Turning Mill Road, for a drain connection. Drain The Chairman asked Mr. McSweeney if there were any plans for Connection a sewer for this area? Mr McSweeney replied in the negative. Upon motion duly made and seconded, it was voted to approve the recommendation of the .Town Engineer to grant permission to Peter E. Glaser, 62 Turning Mill Road, for a drain connection, subject to the usual permit conditions of the Superintendent of Public Works Upon motion duly made and seconded, it was voted to sign the Chapter 90 Memorandum of Agreement with the State DPW for Chapter 90 mainten- ance of 2200 feet of Massachusetts Avenue, in the amount of $2,000. The Chairman read a letter from the Mystic Valley Gas Company, requesting permission to install a 6-inch medium pressure welded Permit steel gas main in Grant Street to service 132, 134 and 137 Grant Street Mr McSweeney said that the main would be within the sidewalk area It was agreed to inform the Mystic Valley Gas Company that permission would not be granted to open the street to service the homes because Grant Street has just been re-paved Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to install a 6-inch medium pressure welded steel gas main in Grant Street, but permis- sion is not granted to connect the services: at 132, 134 and 137 Grant Street The Chairman read a letter from the Director of Public Health recommending that the Community Nursery School be connected to the Town sewer system by September I , 1970. The Chairman said that Mr. Heustis knows our problem is money Community and this has top priority Nursery Mr Mabee said that he is saying that the School can't open School until it is connected to the sewer. Mr. Kenney asked when we will get the final sewer budget so that we will know how much money is left? How much will it cost? Mr McSweeney said that it will cost $9,000 to finish Massa- chusetts Avenue. The Chairman asked Mr. McSweeney to compile the list of pri- orities and the Community Nursery School should have top priority. Temple Mr McSweeney said that Temple Isaiah sewer will cost $ 150,000 Isaiah The Chairman asked Mr. McSweeney for a report on this in order Sewer to answer Temple Isaiah' s request for a sewer connection 153 The Chairman read a letter from Mr Lund, Chairman of the Plan- ning Board, outlining policy guidelines on sidewalks. Sidewalk The Chairman said that the committee on street procedures and Policy underground wiring will be appointed and we will take these guide- lines under consideration when the committee is appointed and we discuss streets. The Chairman read a letter from Mr. Charles 0. Rolando, 15 Henderson Road, claiming that he had read in the Minute-man that Stanley Roketenetz picks up leaves, rubbish and small pieces of fur- niture; he still pays to have his trash collected. Also, that Bed- ford provides an excellent disposal service and have we made any Leaf provisions for what may well become an extremely dangerous fire Pickup hazard to the Town in the fall The Board agreed to inform Mr. Rolando that Mr. Roketenetz does not have a contract with the Town to pick up rubbish, leaves, etc. but only to pick up garbage; also, to send a copy to him of the Town Manager' s report on leaf pickup. The Chairman read a letter from the Chairman of the Planning Board expressing the desire of the Planning Board to join- the Sub- regional Intertown Liaison Committee, which is a committee for discussion and action on regional problems of mutual interest to surrounding communities. SILC IIIAfter discussion, it was unanimously agreed to inform the Planning Board that it is the Board' s feeling that it would not be in the best interests of the Town to join SILC, but to recommend that the Planning Board be cooperative in every way with them. The Chairman read a letter from Lincoln Laboratory requesting authorization to erect two signs at the intersection of Route 2A and the relocated Massachusetts Avenue, these signs will duplicate the one located at the intersection of old Massachusetts Avenue and Wood Street. The Chairman said that all we can do is give permission to 10- Lincoln cate a sign, not permission for a sign. Lab Mr. Legro said that the standing by- law and the state has con- Signs trol of these signs The Chairman said that they want to go off beyond the limits. Mr. Legro said then the only permission the Board could give is within the limits of the rights of way, a free-standing sign would go to the Board of Appeals, if within the way, they would have to get both permissions Upon motion duly made and seconded, it was voted to inform the Lincoln Laboratory that permission is granted for the erection of two signs at the intersection of Route 2A and the re- located Massa- chusetts Avenue, subject to a location plan and final Board of Appeals' permit for the actual signs. 154 Upon motion duly made and seconded, it was voted to approve the Minutes Minutes of the Selectmen's meetings held on April 27, May II and June 29, 1970 The Chairman read a letter from Mr. Miller of the American Legion, requesting permission to operate a carnival on Parker Field for four days, from September 4 through September 7, 1970. Labor Day Mr O'Connell said that Mr. Miller had come in to see him and Carnival he had encouraged him to talk with the Public Works Department and the Police Department about the rules we are trying to establish. Mr O'Connell suggested that he have a meeting with all parties concerned, such as the meeting with the Lion' s Club on the July 4 carnival The Board agreed that Mr. O'Connell is to conduct a meeting with all concerned parties The Chairman read a letter from Matthew A. Macaulay, requesting that he be given the opportunity to purchase back the land on Mar- rett Road which was purchased by the Town for a sub-fire station. Mr Macaulay felt that the land has not been used for this purpose Macaulay and he should be able to buy the land back at the original price of Land $ 1,850. The Board requested Mr. Legro to draft a letter in reply to Mr. Macaulay as no determination had been made that the land was no longer needed for the purpose for which it was acquired. The Chairman read a letter from the Muscular Dystrophy Asso- ciations of America Inc requesting permission to hold a drive on Fund Drive Sunday, October 25, 1970. The Board had no objection and will so inform the Muscular Dystrophy Association Upon motion duly made and seconded, it was voted to appoint the following members of the Lexington Commission on Suburban Responsibility, for a term expiring June 30, 1971 LCSR Mrs. Sanborn C Brown (Lois) 37 Maple Street MAPC Mrs. Frank H Totman (Judy) 46 Moreland Avenue TMMA Mr. H. Seymour Kassman 5 Stonewall Road 128 Industry-Sec'y. Poloroid Corp. The following members were reappointed for a term expiring June 30, 1971 Mr. Frank Armstrong 3A Wm. Roger Greeley Senior Citizens Village Mrs Eric T. Clarke 29 Moon Hill Road School Committee Mr Charles H Cole 4 Franklin Road TMMA Mr Frederick J. Conroy 5 John Poulter Foad Chamber of Com. 155 Mr. Robert Earsy 67 Harding Road LAMCH Mr. Donald M. Graham 4 Millbrook Road Planning Board Mr. Roland B. Greeley 1359 Mass. Ave Selectman Mr Frank Michelman 43 Buckman Drive LCRC Mr. Joseph 0 Rooney 222 Waltham Street Housing Authority Ms. Camille Skov 8 Hawthorne Road PTA Rev John M. Wells 7 Harrington Road Council of Churches Mr. Greeley informed the Board that two vacancies exist on the appointments of the high school students Mr. Greeley reported to the Board that it was suggested to in- crease the size of the LCSR by appointing a member of the Interfaith and the Commission was unanimous that I recommend expanding and see if the Board wishes to accept nominations from Interfaith. d recom- mend against it as I do not think it is good policy to keep on add- ing to the Commission The Board agreed with its previous decision not to expand the Commission. The Chairman read a memo from the Alcoholic Beverages Commission relative to Amendment to G L c 138, s 17; changes regarding li- censes for on-premise consumption of liquor and does not affect pack- ABC age store licenses Mr Legro informed the Board that this amendment does not affect the Town The Chairman read a letter from the Chairman of the Planning Board requesting the Board' s comments on a draft copy of the Planning Board' s policy statement relative to the future of Worthen Road, and Planning enclosing a copy of the consultant' s report Board The Chairman said that copies have been sent to the Board and requested that comments be submitted by the next meeting on July 27. Upon motion duly made and seconded, it was voted to authorize Liquor the Chairman to sign the Liquor Identification Card for Kathleen I .D Card Sacco, 36 Shirley Street. Upon motion duly made and seconded, it was voted to sign the Sewer list of sewer betterment assessments for Blossomcrest Road Assess Upon motion duly made and seconded, it was voted to sign the abatement for sewer betterment assessment for Elizabeth G. Abatement Padtridge, Blossomcrest Road, c/o Harry Zonis, 89 State Street, Boston, in the amount of $213 02; this is not a buildable lot. Upon motion duly made and seconded, it was voted to sign water abatements for the following Donald Foster $ 23. 16 Wrong reading by owner Edmund J Waldron 20 42 Wrong reading by owner 56 Laura F Marshall $ 31 76 Meter read wrong John Modoono 18.20 Water off Jefferson Union Co 9.45 Wrong billing Nicholas Russo 115 15 Water off-meter out - now connected with Woburn Wesley A. Taylor 9 10 Wrong billing The Chairman read a letter from the Attorney General , enclo- Copper sing the second payment on the settlement in the copper piping Piping cases, in the amount of $356 40 Payment The Check is to be delivered to the Town Treasurer Mr Kenney discussed a copy of a letter to the Appropriations Committee from the Planning Board regarding money appropriated by the 1970 Annual Town Meeting for a permanent employee in the Engi- neering Department, such employee to be available to the Planning Board from time to time for research, data tabulation, drafting and related work The Planning Board requests approval from the Appropriations Committee to hire a temporary employee to perform Planner work for the Planning Board, the Conservation Commission and the Recreation Committee on planning and land use-related aspects of their work Mr Kenney asked Mr. McSweeney if he were unable to fill this position? Mr McSweeney said that we have advertised, we did hire a man and lost him. Mr. Bailey asked if Mr. O'Connell should be the one to ask, the Appropriation Committee. Mr. O'Connell said that he has the matter under control and would discuss it with the Appropriation Committee. The Chairman read a memo from the Chairman of the Traffic Com- mittee to the Superintendent of Public Works regarding complaints from residents of Fletcher Avenue about heavy trucks using Fletcher Fletcher Avenue-Hayes Lane as a short cut from Woburn Street to Grant Street Avenue and causing damage and annoyance in attempting to get through the Sign unpaved Hayes Lane or to back up if they cannot get through. The Traffic Committee recommends that a sign "To Grant St." be erected at the junction of Fletcher Ave and Sherman St., pointing along the latter, and respectfully requests that arrangements be made for the installation of this sign. The Board agreed to accept the recommendation of the Traffic Committee and instructed Mr O'Connell to have the Department of Public Works erect the sign. The Chairman said, and the Board agreed, that there would be no direct communications from the Chairman of the Traffic Committee to the department heads, they will go directly to the Board of Se- lectmen or the Town Manager. 157 The Chairman discussed Lexington Center and said that Mr. Sasaki had offered to donate Taxus Densiforma Plants to be used in the center Lexington as these would have a low spread and the Taxus Capitata could be used Center elsewhere in the Town The Board agreed to go along with the original concept and use Taxus Capitata in the Center. The Chairman informed the Board that a reply has been received from the United States Post Office in answer to a request, recommended by the Traffic Committee, for the installation of an additional col- lection box on the southerly side of Massachusetts Avenue at Wallis Post Court Office Mr. Walker of the Post Office states in the letter that a study had been made of the area involved and the facilities available and it is the opinion of his office that the facilities are more than adequate for the mailing needs of all concerned. It was agreed to send a copy of Mr. Walker' s reply to the Traffic Committee. The Chairman informed the Board that he had talked with Mr. Lund about our thinking and our desire to have information before we sat down to a meeting with Mr. White It was Mr Lund's feeling that Harmon White didn't withdraw the subdivision plans. The Chairman read a letter to the Planning Board from Harmon Green b White stating that "we are desirous of cooperating with the Town. in White Sub- every reasonable way We are not clear as to the precise difference division between 'discontinuance' and 'withdrawal ' Our purpose was to Woburn St facilitate the Town' s study of the area Whatever terminology will School Site best accomplish a prompt resolution by the Town is satisfactory to us, especially since we are nearly out of buildable land (as you know) For that reason, we are happy to be reassured that your studies are continuing without undue delay " The Chairman said that he had told Mr White to get in touch with Mr Lund and if the Planning Board acts in that subdivision within 60 days, we have to make that taking Mr. Greeley said that the Planning Board is studying the whole area; there are problems with zoning and they don't want to get left out; this is the way I understand it The Chairman disagreed; they don't consider this to be withdrawn If this is the case a taking should be made before 60 days are up I reassured Mr White that as soon as we get plans drawn and test holes dug, we would have a meeting and come up with a position Mr Greeley said that we ought to be working together and we can. Mr. O'Connell said that until we have the date of the tests, any- thing is quite speculative; the problem is one of timing. 158 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 legal matters of the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 1121 p.m. A true record, Attest )2te"-L--- s5 E utive Clerk, Selectmen 1 1 _ 5 SELECTMEN'S MEETING July 27, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, July 27, 1970 at 7 30 p.m. Chairman Cataldo, Messrs Mabee, Kenney, Greeley add Bailey; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr. Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present. Mr Heffernan of the State Department of Social Security requested the Board to sign a proclamation declaring the week of August 9 to Procla- August 15, 1970 as Social Security week in Lexington. mation Upon motion duly made and seconded it was voted to sign the pro- clamation declaring the week of August 9 to August 15, 1970 as Social Security week in Lexington in recognition of the 35th anniversary of social security Hearing was declared open upon petition of the Boston Edison Com- ' pany to locate conduit on Hartwell Avenue, southwesterly from Maguire Road. Notices of the hearing were mailed to the petitioner and filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, was present and said that this is a revision of our petition and pjan submitted on April 6, 1970, whereby we would now come off a pole onto a right- of-way The Chairman asked if this is the same one that will eventually Conduit- serve the Campanelli building? Hartwell Mr. Pratt didn't know; he had heard that a petition is to be Maguire presented for 6 or 7 poles because the contractor does not want to go underground, but he hasn't seen the petition The Chairman said that he had received a couple of calls from the owners because the Selectmen had turned down the petition for poles; he had explained that we wanted it underground. Would this service that area? Mr Pratt couldn't say. The Chairman said that he, personally, wouldn't want to ap- prove this petition because we want to get as much as possible underground. Where are your poles now? Mr. Pratt said that they were on our private property The Chairman asked how they serviced Instrumentation Lab and if it was underground? Mr. Pratt didn't know. The Chairman asked other pertinent questions and Mr. Pratt was unable to answer them 16() Mr. O'Connell said that we have asked the Edison Company to have an engineer present to answer questions. Mr. McSweeney came into the meeting. The Chairman asked him if this power going into this conduit would be sufficient enough to service the Campanelli building? Mr McSweeney replied, no, this petition has nothing to do with it. They will be coming in again with a petition soon for 7 poles. Campanelli didn't want to go underground Boston Edison is relieving the pressure out there Mr Greeley asked if all of Maguire Road will be underground? Mr. McSweeney replied, yes, but not Hartwell Avenue. The Chairman asked if anyone had other questions on this propo- sal? Hearing none, the Chairman declared that part of the hearing closed. No one was present in favor or in opposition and the Chairman declared that part of the hearing closed. The Chairman asked the Board' s feeling on the petition. Mr. Greeley thought we ought to approve this but we ought to tell Boston Edison now that we are not going to look with favor on putting more lines above ground. The Chairman thought Boston Edison should come in with a plan on how they are going to service all of Hartwell Avenue. We could approve this, based on the assumption that the rest of Hartwell Avenue will go underground. If they service Hartwell Avenue dif- ferently, we should hold this We are saying we want Edison to go underground if this is going to be part of the service system. The Chairman asked Mr Pratt when he could submit that infor- mation to the Board? Mr. Pratt said that he will report back to the Edison engi- neers. We are starting to work on the Bedford Street end, with the revised plan coming down the grass plot. Mr Kenney asked what is the construction schedule? Mr. Pratt didn't think that holding up this petition would affect the schedule. The Chairman asked Mr. McSweeney to meet with Boston Edison on this. Mr. McSweeney said that he had met with Campanelli on the poles; Edison is coming down off the existing poles and go under- ground. Boston Edison hasn't come up with an answer on the previ- ous petition for 17 poles vs. going underground. The Chairman said that he had talked with Tropeano and had told him we wanted to go underground; Edison is asking for this piecemeal Mr Greeley recommended that this petition be held up until Boston Edison tells the Board of their long range plans Mr Pratt asked about the petition for 7 poles, which will be submitted shortly The Chairman thought that Edison would be wasting money and time to do so. We are looking for a master plan on the undergound system. obi Mr Pratt agreed to go back to the Boston Edison Company and in- form them that the Board requests a master plan of the underground system planned for Hartwell Avenue The Board agreed to take under advisement the petition submitted by the Boston Edison Company for Hartwell Avenue, at and southwesterly from Magui•re Road, a distance of about 225 feet - manhole and conduit. At the request of the Town Clerk, four jurors were drawn as follows Jurors Harris Feierstein 28 Lillian Road Paul Devlin 26 Normandy Road Carlo P Domenechini 4 Alcott Road Gordon .0 Lawson 362 Emerson Road Upon motion duly made and seconded, it was voted to approve the request of the Town Treasurer to borrow SI M. in anticipation of tax revenue to be dated July 30, 1970 and due November 6, 1970, and to Treasurer award the bid to the following banks Lexington Trust Company $500,000 4 90 discounted New England Merchants National Bank $590,000 4.95 discounted Mr. Legro requested the Board to sign the order of taking of the land off Utica Street owned by John Modoono, based on the option ex- ercised by the Selectmen on January 12, 1970 Modoono Upon motion duly made and seconded, it was voted to sign the Taking order of taking of the land, off Utica Street, owned by John Modoono. Upon motion duly made and seconded, it was voted to sign the order of taking of the land owned by N. Conant Webb, Jr. and Susanne Webb S Webb, II Bennington Road. Taking Upon motion duly made and seconded, it was voted to sign the order of taking of the land owned by Alice E. Ashley and Rosamond Ashley Jean Ashley. Taking Upon motion duly made and seconded, it was voted to sign the order of taking of the land owned by Joseph R Cotton, 123 Marrett Cotton Road Taking Mr. Legro informed the Board that on two previous occasions he had asked the Board to sign the orders of taking for the land off Utica Street; the time had expired because he was unable to get sat- Steeves isfactory answers from the owners on the attachment He now re- Taking quests the Board to rescind the votes of June 15, 1970 and adopt the Utica St orders of taking; he has not seen the actual instrument releasing this land from the attachment but had a telephone call that the decree was in the court last week. X62 Upon motion duly made and seconded, it was voted to rescind the Order of Tak- vote of June 15, 1970 to adopt the order of taking, for playground ing Steeves and recreation purposes, of land off Utica Street owned by Walter Whitney Steeves and Walter Whitney; as authorized by the June 3, 1968 Town Recreation Meeting, Article 9 Upon motion duly made and seconded, it was voted to rescind the vote of June 15, 1970 to adopt the order of taking, for conservation Conserve- purposes, of land off Utica Street owned:by Walter Steeves and Walter tion Whitney; as authorized by the March 18, 1968 Annual Town Meeting, Article 69. Upon motion duly made and seconded, it was voted to adopt the order of taking, for playground and recreation purposes, of land off Recreation Utica Street owned by Walter Steeves and Walter Whitney; as author- ized by the June 3, 1968 Town Meeting, Article 9 Upon motion duly made and seconded, it was voted to adopt the Conserve- order of taking for conservation purposes, of land off Utica Street tion owned by Walter Steeves and Walter Whitney; as authorized by the March 18, 1968 Annual Town Meeting, Article 69. Mr. O'Connell discussed tax title lot 53 Valleyfield Street He said that the Board voted on July 13, 1970 to advertise the sale Leong() of this lot but, in the meantime, he has been informed that Mr Tax Title Luongo made an offer on this lot of $1500 plus betterments of approx- imately $859 and Land Court title costs of approximately $700-$800. The Assessors have verified the figure of $808 76 for betterments; $500-street; $50-sidewalk, $258.76-sewer The Chairman said that Mr. Luongo had probably figured the int- erest in addition to the betterment Mr. O'Connell recommended that the lot be sold to Mr. Luongo as he wished to annex it to his lot Upon motion duly made and seconded, it was voted to sell and con- vey tax title lot 53 (recorded lot 96) valleyfield Street to Anthony P. Luongo, 42 Valleyfield Street, for $1500 plus the unpaid better- ments, with the restriction that this lot 53 be combined with Mr. Luongo' s lot and not be used as a separate building lot Mr O'Connell showed a sample colonial style lamp to the Board and informed them that Boston Edison Company has offered to replace Battle the seventeen out-moded incandescent street lamps on Bedford Street, Green Harrington Street and Massachusetts Avenue to light the Battle Green Lights area Boston Edison said that this is the most appropriate lamp and it would be either 100" or 175w, based on the illumination need of the area. The installation cost of the new poles and lamps would be borne by Boston Edison; the operating cost of each lamp is estimated at about $100 per year, assuming it is 175w, vs. $60 per year for the incandescent lamp; this would be an increase of about $700 over the present operating cost per year of the seventeen units. We have discussed, informally, with Mr. Morey the possibility that there might be some fund to absorb all or part of this cost for 16: the improvement of the Battle Green area Mr. Morey believes that the Trustees would welcome a letter inquiring about the use of the George Gilmore fund, and this would require a vote of the Board; there is the sum of $7700 in unexpended income as of 1969 Mr. Greeley asked if anyone remembered what the general purpose is for beautification? Mr. O'Connell said, no, any Town purpose the Board feels is ap- propriate and chooses to vote. The Chairman asked if this is the fund we have been holding open for Town Celebrations? Mr O'Connell replied in the negative Mr Kenney asked about the cost Mr. O'Connell said that it was about the same cost per year using the same locations. Mr. Kenney asked about Historic Districts Mr O'Connell said that he had talked with them If this is an appealing project, he would ask Boston Edison to install one pole and one lamp and this is where we would want to ask Historic Districts for their formal approval Mr Greeley asked how high they would be Mr O'Connell said they would be 14' to 16' high The material is virtually unbreakable plastic panels with a variety of lenses 5o you can get the light directed the way you want it, also it is con- sidered rock-proof. The Chairman said that he had a photograph of the I800' s and this, in effect, is the same type and shape as the lamp of that era Mr. Mabee said that the way to find out if there is opposition is to put one up. Upon motion duly made and seconded, it was voted to authorize the Town Manager to make arrangements with Boston Edison Company to install one new lamp and pole in the Battle Green area Mr Greeley asked if a letter should be sent to the Trustees of Public Trusts? The Chairman suggested waiting until there is a meeting with them to go over all the trusts. Mr. O'Connell said there are a couple of funds for the beautifi- cation eautifi- cation ofh t e green but none for lighting Mr O'Connell reported to the Board that Mrs McGonagle had called him about plans of the Red Cross to have a 2-day bloodmobile. They bring in a large van and the blood donation is made in the van She asked for the use of the parking lot behind the High School but that is not suitable now and she has asked permission for the drive- way behind the Red Cross headquarters The Chairman asked where the people would park? Red Cross Mr O'Connell said that he had asked that question and was told Blood- that everything is done by appointment and there would be no problem mobile They require rest room facilities and have the obvious overnight se- ll problem. There would be no rest rooms and he was concerned about the overnight security, in their own driveway, they would use the rest rooms at headquarters 164 Mr Greeley suggested the Meriam Street end of the Depot property. The Chairman asked where they had the van last year? Mr. Bailey thought it had been at the First Parish Church last year. The Board agreed that Mr O'Connell is to talk with the Red Cross and work out the details of an appropriate location for the Bloodmobile. Mr. O'Connell said that Manfred Friedman had made a recommend- ation concerning a salvaging company reclaiming paper at the Hart- well Avenue landfill This is being done in a number of communities and Mr. Burke contacted the Shaffer Company which is collecting paper at Acton, Concord, Billerica and Amesbury A commercial con- Newspaper tractor pays $5 a ton for the paper he collects He recommended Collection that the Town try it for 90 days A dumpster is delivered by the Hartwell collector It could be publicized that a dumpster would be at the Landfill landfill and the citizens would deposit newspapers in it, the col- lector monitors it and picks up when it is full and pays $5 a ton Mr Greeley asked how he would keep material other than news- papers out of the dumpster? Mr. O'Connell said that he would try to have a separation Mr Greeley asked who decided where the $5. would go? Mr. O'Connell said, to the Town Upon motion duly made and seconded, it was voted to authorize the Town Manager to make arrangements for a dumpster to be installed at the sanitary landfill on Hartwell Avenue for the collection of newspapers and the sum of $5 per ton is to be paid to the Town by the collector Mr. O'Connell said that a letter has been received from the American Foundation for Negro Affairs, addressed to the Mayor, Invitation inviting us to have representation at the 22nd biennial convention in Philadelphia on September 24 and 25, 1970 He thought the Board might wish to get comments of the LCSR It was agreed to send Mr Greeley a copy of the letter Mr. O'Connell informed the Board that he had written a memo, for information only, to bring the Board up to date on the status Fluoridation of the fluoridation study by Whitman and Howard and no action is matter required of the Town. To go to fluoridation is not a simple matter Safety and space requirements may be more significant than operat- ing; costs. Due to lack of space and below ground location, new stations would have to be constructed at 3 of the 4 locations Addi- tional land would be needed and this will produce a land acquisition problem Three of the present vaults which are used for calgon treatment are in poor condition and require renovation. Arlington remains unstudied and fluoridation of the supply for both towns would be more economical We are trying to get some action in Arlington and we will see what answer we get. 16 Mr O'Connell informed the Board that the real estate tax bills for citizens with names beginning with "A" had been sent out today Tax Bills and it will take four weeks to complete the alphabet, next year, we hope to meet the July 1 date; the tax rate was set earlier this year than last year Mr. O'Connell discussed the "oldies" and said that he had made a check to determine what the funding requirements would be after a few weeks of operation The cost of operation through last Saturday, July 25, was $3533 for personal services plus $366 for the night watchman Our estimate of additional cost through September 5 would be an additional $5430 making a total of $9329 We have $7260 in the budget, exclusive of $950 voted for night swimming at the pool . We estimated we would need an additional $5,000 but we have not had to employ the full time individual to police the swimming area and "Old Res" were able to police it with lifeguards, and would only need an addi- tional $2,000 Therefore, for the program to continue to September 5, an additional $2,000 would be required and we could request the Appropriation Committee for a transfer from E & D of $2,000 or we could request $ 1 ,000 and could use the $950 for the "old res" in- stead of the Center Pool as the money will not be used there because the lighting will not be proper for night swimming Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund in the amount of $1 ,000, and to use the $950 appropriated by Town Meeting for night swimming at the Center Pool by applying it to the Personal Services Account for the "old res," Recreation Account #2470. Mr McSweeney requested the Board to sign three copies of work claims compensation for extra work performed on Lowell Street by Lowell St. J.J. O'Brien & Sons, Inc., contractor for that project, in the Extra Work amount of $960. Claim #1 Upon motion duly made and seconded, it was voted to sign the extra work claim #1 on Lowell Street by J.J. O'Brien & Sons, Inc., in the amount of $960. Mr. McSweeney requested that the Board grant permission to the Mystic Valley Gas Company to service the homes at 132, 134 and 137 Grant Street On July 13, 1970, the Board had granted permission Grant St to Mystic Valley Gas Company to install the main in Grant Street Permit but permission was not granted to connect the services to these three homes because it was thought that the new paving was installed in that area; it is not new paving and, therefore, permission could be granted. The Chairman said that Public Works may issuecthe street opening permit and the Mystic Valley Gas Company may go through the normal channels for a permit. The Chairman read a letter from Henning W Swenson requesting a further extension of his water betterment assessment in the amount of $ 1,066 50 166 Swenson Upon motion duly made and seconded, it was voted to defer pay- Water ment for a period of three years, to July 27, 1973, the water better- Betterment ment assessment on the property of Henning W Swenson, 210 Marrett Deferment Road, in the amount of $1,066 50.. Upon motion duly made and seconded, it was voted to sign the Inn-keeper Inn-keeper license issued to Lexington Chalet, Inc., 440 Bedford Street. Upon motion duly made and seconded, it was voted to certify Cert. of the character of Dr. Jan Hermann, 28 Tyler Road, who has applied Incorp. for a Certificate of Incorporation, "Austro-American Association of Boston, Inc." Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on July 13, 1970 The Chairman read a letter from William P Fitzgerald, stating that negotiations have been completed with Local 1491 relative to a Local 1491 1970 contract and the committee requests that it be discharged at Fire this time. Fighter The Board agreed to write to Mr Fitzgerald and request that Contract the committee continue to serve until this contract with Local 1491 is actually signed Mr Legro would like to meet with the committee for discussion of the contract, and after the actual signing of the contract, the Board will then take the appropriate action. The Chairman read a letter from the State DPW recommending that the officials of the Town approve an extension of time to J.J. Lowell St. O'Brien & Sons, Inc , Contractor on the Lowell Street project, from Contract June 30, 1970 to July 17, 1970. Extension Mr McSweeney informed the Board that the work has been finished but this extension is just to clear the contract. Upon motion duly made and seconded, it was voted to approve the recommendation of the State DPW for an extension of time to J.J. O'Brien & Sons, Inc , Contractor on the Lowell Street project, from June 30, 1970 to July 17, 1970 The Chairman read a letter from the Editor of the Art Trader magazine, requesting permission to solicit door-to-door subscrip- Request tions in Town. Upon motion duly made and seconded, it was voted to refer the request to the Chief of Police. The Board briefly discussed the issuance of permits in Town and Permits it was agreed to request a report from the Town Manager regarding permits and licenses Upon motion duly made and seconded, it was voted to sign the sewer betterments assessments for the following streets 167 Adams Street Gould Road Bedford Street Hill Street Sewer Diana Lane Laconia Street Betterment Fessenden Way Marshall Road Assessments Glen Road South Woburn Street Upon motion duly made and seconded, it was voted to sign the abate- ments for sewer betterment assessment for Larry and Maude B Foster, Sewer 533 Bedford Street, in the amount of $558 58, as it was previously as- Abatement sessed on Bedford Street The Chairman informed the Board that the Planning Board has sent a letter regarding comments on the Worthen Road Policy Worthen The Board agreed to set up a meeting with the Planning Board to Road discuss the Worthen Road Policy Policy The Chairman informed the Board that a request has been received from Mrs John Kelley, 410 Massachusetts Avenue, requesting the pur- chase of a section of lot 305 on Town map 13 Mr Greeley said that there is a problem on that hillside and John the Town Engineer or the Planning Director ought to take a look at Kelley it for a solution Lot 305 The Board agreed to write to Mrs. Kelley and inform her that her request will be discussed with the Engineering Department and the Planning Board and she will be informed of the decision of the Board The Chairman read a report from the Traffic Committee regarding the proposed bus stop at Cary Memorial Library The report states that the relocation of the bus stop from in front of the Lexington Federal Savings & Loan Association to in front of the Library could Library be done on a trial basis. Crossing the Massachusetts Avenue traffic Bus Stop from Bedford Street to the Library could be done without particular difficulty; the relocation would free three prime parking spaces in front of two of the principal banks, the library would provide shel- ter for people waiting for the bus. Under present conditions, cars are often parked in the bus stop space forcing the bus to halt in the street and obstruct one lane of traffic The Chairman said that the Library Trustees have no objection if it is on a trial basis Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee to relocate the bus stop from in front of the Lexington Federal Savings & Loan Associa- tion to in front of Cary Memorial Library on a 90-day trial basis, beginning August 15, 1970. The Chairman read a report from the Traffic Committee regarding the request of Dr. Singer for the installation of push-button cross- Singer ing lights at Muzzey or Munroe School , stating that the Committee Request recommends that Dr Singer be informed that his request cannot be complied with because the volume of pedestrian traffic using the 11 crossing outside the hours covered by a crossing guard does not meet state warrants for pedestrian lights. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee and to so inform Dr. Singer The Chairman said that we have requested a report from the Winchester Dr Traffic Committee regarding the location of the sidewalk at Win- Lowell Side- chaster Drive and Lowell Street We made the statement at Town walk and Meeting that there would be pedestrian crossing lights at this Pedestrian intersection. The recommendation of the committee has been received Light but it is based on engineering and construction problems. We shall ask them again to submit a recommendation on the location of the sidewalk based on traffic and safety. The Board discussed the appointment of a 5-member committee on Committee street procedures and underground wiring. for Street Upon motion duly made and seconded, it was voted to write to Procedure & the following nominees to see if they would be willing to serve on Underground the street procedures and underground wiring committee; Charles T Wiring Abbott, Hugh M Chapin, Herbert W. Eisenberg, Malcolm E. Graf and Mrs. Natalie Riffin Mr . Mabee reported to the Board that he had held a dog hearing on the written complaint received from Mr C.0 Hanson, 905 Massa- chusetts Avenue, against the St Bernard dog named "Yoge" owned by William McGonagle, 8 Spencer Street The dog hearing was held in the Town Manager' s trailer on July 21 , 1970 at 5 00 p.m. with Mr. O'Connell , Town Manager; Mr. C.C. Hanson; Mrs. William McGonagle, Sr representing Mrs. McGonagle, Jr ; Selectman I .H Mabee. Mr. Mabee presided at the hearing and examined the complainant under oath. Mr Hanson stated that, since 1968, the dog has caused raucous McGonagle noise all hours of the day and night; he has, in a nice way, tried Dog to find out why the animal has been allowed to cause so much noise. Hearing He had heard the dog this afternoon and there has been no change since the notice of the hearing. He also stated that he has not solicited the support of others about the barking problem. He sub- mitted a picture of the dog Mr. O'Connell said that a notice of the hearing had been sent to Mr William McGonagle, owner of the dog, and a reply had been received stating that "we will not be able to keep the July 21st hearing as we' ll be out of town during that time, and we are moving out of state the first of August." Mr. O'Connell read a letter of complaint he had received from Mrs. John H Bellinger, 922 Massachusetts Avenue, dated July IS, 1970, stating that the barking of a dog on Spencer Street is very disturbing, particularly to my husband who is under a doctor' s care. Mr McGonagle, Sr., said that her daughter-in- law attempts to keep the dog under control ; she brings him into the garage at night. Mr Belcastro, Dog Officer, was not present and submitted a report on July 24 as follows 69 December 8 1969, McGonagle dog barking, spoke to Mrs. McGonagle she promised to keep the dog from barking. December 13 1969 Another complaint from Mr. Hanson of dog barking; spoke to Mrs. McGonagle who said the dog belonged to her husband, and asked if husband could take dog to work December 22 1968 Another complaint from Mr Hanson; McGonagle dog still barking; spoke to Mrs. McGonagle and asked her to keep dog down in the cellar. December 30, 1969 Another complaint from Mr. Hanson; McGonagle dog still barking; told Mrs. McGonagle to please have her husband take the dog to work July 16 1970• Another complaint from Mr. Hanson; went down and the McGonagles were not home; found out they are moving; so called Phyllis Smith at the Town Manager' s office and said they are moving. The Board agreed to take the matter of the McGonagle dog under advisement Mr. Kenney informed the Board that the House of Representatives passed on July 9, Bill H-2349, which allows municipalities to pur- chase group health and life insurance policies without limits as to benefits, with an amendment that says local communities can ask the Bill H-2349 Group Insurance Commission for an opinion on any proposed contract Group The bill will be reported in the Senate next week and should be re- Insurance ferred to Ways and Means. Upon motion duly made and seconded, the Board voted unanimously to be recorded in opposition to Bill H-2349 and to write to Senator Burke, Chairman of the Senate Ways and Means Committee, and strongly urge the committee to vote unfavorably on this bill . Mr. Kenney said that he would like to bring to the Board' s atten- tion a matter concerning the Town Office Building and Civil Defense, we have had to displace the C D operating center from the basement due to the electrical design change and the net effect is, Mr Burrell is out of business except for the warning system. Civil Mr. Kenney was asked if the state and federal government would Defense participate in matching funds for the project? Mr. Kenney said that the point is, he wouldn't qualify The Board will have to take a stand on this; later on in the fall, we .will come up with a plan. Mr O'Connell informed the Board that he had interviewed three candidates for the position of Guide Director, Larry Whipple, Rev Handley and Neil Cronin Upon motion duly made and seconded, it was voted to appoint Rev Guide Harold Handley as Guide Director, effective August 15, 1970, for a Director term expiring on April I , 1971 . ISI Upon motion duly made and seconded, it was voted to sign the East Street petition to the Middlesex County Commission for specific repairs to East Street 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. Upon motion duly made and seconded, it was voted to adjourn at 10.40 P.M. A true record, Attest kfl / / Executive Clerk, xecuSelectmen 1 1 ( 1 SELECTMEN'S MEETING August 10, 1970 A regular meeting of the Board of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, August 10, 1970 at 7 30 p.m Chairman Cataido, Messrs Mabee, Kenney and Bailey were present. Mr Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engi- neer, and Mrs. McCurdy, Executive Clerk, were also present Mr. Zehner, Town Treasurer, met with the Board He informed them that we Shall need funds to finance construction and remodeling of the Town Office Building He recommended approval of a $200,000 loan in anticipation of bonding, $50,000 for new construction and $ 150,000 for remodeling, payable to New England Merchants National Bank, dated August 13, 1970, due December 15, 1970 with interest at 4.30%, payable at maturity. Prepayment will be permitted without penalty. Upon motion duly made and seconded, it was voted to accept the Treasurer recommendation of the Treasurer to award the contract to New England Merchants National Bank in the amount of $50,000 with interest at 4.30% payable at maturity for the purpose of an addition to the Town Office Building Upon motion duly made and seconded, it was voted to accept the recommendation of the Treasurer to award the contract to New England Merchants National Bank in the amount of $ 150,000 with interest at 4 30% payable at maturity for the purpose of remodeling the Town Office Building. Mr. Burke, Superintendent of Public Works, was present at the meeting and the Chairman, on behalf of the Board, thanked him for the Mr. Burke sincere job he had performed and for the effort extended in his posi- tion as Superintendent of Public Works The Chairman wished him suc- cess in his new venture as Town Manager of Berlin, New Hampshire and presented him with a fountain pen as a parting gift from the Board Mr. Stanley Brown of the Conservation Commission met with the Board Mr. Legro discussed the addendum received by the Conservation Commission stating, ( I) "that the grantee clause of all deeds grant- Conserva- ing lands or interest therein to the Town shall contain the follow- tion ing . .. hereby grant(s) to the town of . through its conservation Addendum commission for administration, control and maintenance under the provisions of General Laws Chapter 40, Section 8C as amended, with . ..covenants the land " (2) Due to budgetary requirements, all Self-Help applications which have been granted preliminary approval must be completed by June 1st of the year approval was granted." 172 Mr Legro said that he had written to Mr. O'Connell , the Board of Selectmen and the Conservation Commission on January 6 and August 4, 1970 regarding the inclusion of a statement of the pur- pose for which the lands are acquired and they will be controlled and maintained for that purpose, and if there was any possible way of avoiding the use of that language without the loss of the use of the funds The Chairman said that to boil it down, a policy decision has got to be made to the Department of Natural Resources, or whatever state agency is asking us to insert certain language for the con- trol or maintenance under their jurisdiction. Mr Legro felt that deeds conveying land for which the Town pays a substantial consideration ought not to state or limit the purposes for which the land is acquired. Since it has been our invariable practice to first take the land by eminent domain, in the order for which the purposes must be stated, it has seemed wholly unnecessary to specify the purposes in the confirmatory deed which follows the taking. I believe that such specification in the deed could be found to create an enforceable right which could present a further impediment to a later change in the use of the land without regard to the necessity for the change or the fact that satisfactory permission could be obtained from the division of government that had granted financial aid Although our Court has held that the words "for the purposes of a public park" may state only the use to which the land was intended to be devoted, and not to create any enforceable trust, it also avoided in the same case any decision as to whether conveyances for a specific purpose or purposes otherwise than in trust created an enforceable right and created the doubt whether the decision might not have been different if there had not been legislative authority for the particular conveyance which superseded the statute creating the right I think that every acquisition of land for conservation purposes by the Town is accompanied by a clear intent not to change the use of the land but, as you know, there has been at least one situation where there was an apparently urgent need for a change in use which could have been affected by an exchange of parcels of comparable area. This may very well occur again from time to time in the future and it seems to me very unwise to create any addi- tional obstacle to a necessary and proper change, especially where there are so many present safeguards and no useful purpose is served by the insertion of the wording I hope every effort will be made to change this requirement, if that is its status The Chairman asked if we would have to include that language in those projects we have before us or from here forward? Mr. Legro said that the effect of the addendum is to require it in all deeds where we are in the future getting grants or money. Mr. Brown said that when he went in on the Advent Christian Church, in going over the material the man from the DNR got to that one point and said he was sorry he couldn't approve it because it didn't include that clause and he would have to send me back to re- submit it or terminate the application r^r The Chairman asked if this is a DNR ruling or specifically stated in the legislation of the bond issue? Mr. Legro said that as he understood it, it comes from the DNR Mr. Brown said that it was his guess that it is a department Puling. The Chairman said that in other words, we could appeal to the Commissioner for a hearing to get this resolved which I think is the direction we should go. Mr. Legro said there are several now, Area Trust, Valleyfield, and also a portion of Steeves' land and, technically, all the other parcels The Chairman asked why can't we take the position that we would draw the deeds we have and if they fail to accept this concept for the participating money, can we at that time file a new deed? Mr. Legro said, if the grantors will sign a new deed; we would have to get an additional deed from whomever the grantor was. Mr Brown didn't quite see if they pass control of this, why it would be necessary to go back to the grantor if they pass the respons- ibility to the Conservation, he couldn't see how it changes. Mr. Legro said that it does. There may be some slight difference between a gift and a deed if full and adequate consideration has been paid Even with exchanging land, we are pretty tightly bound but there are things we can do The Chairman said that if it didn't affect the change, they wouldn't be asking us to do it, there is no question it nails it down; they say according to Chapter 40, section 8C Mr Brown said that he was thinking about Town Meeting, and while the land is not specifically priced, whether or not in our answers we will seek reimbursement. He was interested in knowing whether or not this decision can be rendered by the Selectmen or Town Meeting. The Chairman said that we have a moral obligation in Town Meeting. He thought this is the year we should appeal to the DNR and then go to Town Meeting; our appeal should only be for the the applications that have been voted and under the conditions voted by Town Meeting; if Town Meeting wants to accept, fine. The Board agreed that the Conservation Commission would file an appeal with the Department of Natural Resources and request a hearing Messrs. Herbert Eisenberg, Malcolm Graf and Charles Abbott of the newly formed committee on procedures of ttreet reconstruction and Comm. on underground wiring met with the Board Procedures The Chairman said that they had been invited to meet with the Street Re- Board in order to discuss what their function would be. At their construc- meeting, a Chairman should be elected. The Board would like to have tion & the Committee research two areas ( I) the approach on the reconstruc- Underground tion of streets - to look at it and come back to the Board with what Wiring approach to take, how to go about it and how to present it to Town Meeting; (2) we ask you to look into the whole issue on underground wiring and attempting to approach it, especially the difference in cost and operation - the light bill vs underground unit cost and on a pole These are the two areas you would come back with recommendations for Town Meeting season and the construction for next year. 174 Mr. Kenney asked if this would include Chapter 90 streets? The Chairman said that we shouldn't differentiate between ours and Chapter 90 Mr Eisenberg said, except there is another layer of procedure. The question is what that procedure is, statutory or regulatory or whether imposed The Chairman said that, regardless, we have to live with it, and we want you to take this into consideration; he thought they would find it, in most cases, to be regulatory Mr Graf wanted to know when the report is due? The Chairman said that the Board would like it as soon as we can get it - somewhere in the middle of October. Mr. Eisenberg asked when you say streets, you mean lot line to lot line and sidewalks? The Chairman replied, lot line and where the sidewalks should be. We have the Traffic Committee and the Planning Board reports on side- walks, they could be part of your evaluation. Mr. O'Connell said that in anticipation of the work of this com- mittee, he and Mr. McSweeney had met with the Boston Edison to acquire information and this includes legislation on underground wiring and by- law We will have a similar meeting with the Telephone Company so that when we meet with the committee, we will have a head start with background information. The Chairman informed the committee that Mrs. Natalie Riff in has accepted the invitation to serve and Hugh Chapin will let us know; if he doesn't accept, we will supply you with another member. He asked Mr Eisenberg to schedule the first meeting and the committee will take it from there. You will not have a budget and whatever help is needed, Mr. O'Connell and Mr. McSweeney are here to give it and to ask any department also. The Board would appreciate a report back on street procedures first The Committee retired, with the understanding that the report on street procedures would be submitted by the middle of October. Mrs. Marianne Seitz met with the Board. The Chairman read letters from Rev John M. Wells and Mrs. Ramona Barth regarding a request from the First Parish Church in conjunction with Mrs Barth of Boston and the U.S. Department of Labor for permis- sion to use the Green on Monday, August 24, 1970 from 100 p.m. to 3 00 p.m. for a ceremony commemorating the 50th anniversary of women' s Permit suffrage The Chairman said that Rev Wells had called the Town Manager and was told by him to put his request in writing Upon receipt of the letter, Mr O'Connell had written to Rev. Wells saying that the Town officials are eager to cooperate in every manner possible provided they have sufficient notice of any appropriate service needs. The Chairman asked Mrs. Seitz what, specifically, she had in mind? Mrs Seitz said that the caravan from Boston will arrive here at 3 00 p.m. and there will be a small, informal presentation by Betty Fredan, noted Author, the minister and, probably, Representative Cole. 111 The ceremony will last no more than 15 minutes. The caravan will be small but there will be people from Lexington on the Green 1i6 The Chairman asked if they are looking for any equipment from the Town? Mrs Seitz didn't know; there has been no mention whatsoever to me. Mr. Mabee suggested that she check it out to be sure The Chairman said that we have had no request for anything at this point, other than the use of the Green. If the Town provides 10 or 15 spaces for cars to park, would that number be sufficient? Mrs. Seitz thought it would. She invited the Board to attend the ceremonies and the reception afterwards at the Church Upon motion duly made and seconded, it was voted to write to Rev Wells and Mrs. Ramona Barth and grant permission for the use of the Battle Green on Monday, August 24, 1970 at approximately 3 00 p.m. for the ceremony commemorating the 50th anniversary of women' s suffrage, subject to the usual regulations imposed by the Superintendent of Public Works Chief Corr will be instructed to reserve about 15 park- ing spaces for the caravan Mr. O'Connell informed the Board that at the last meeting, Mr. Mabee had reported on a dog hearing he had held on the St. Bernard owned by William McGonagle, 8 Spencer Street, and the Board voted to hold the matter in abeyance because of a communication we had re- ceived that the family was moving. As of last week, we learned that the family had not moved and we received a further written complaint McGonagle from Mr Hanson, saying that the dog was still there and still con- tinued to bark. The Dog Officer investigated and the dog is still barking. Mr O'Connell said that he had attempted to contact Mrs. McGonagle by telephone and there was no response. In view of these circumstances, he recommended that the Board vote to issue an order to remove the dog from the premises. Upon motion duly made and seconded, it was voted to issue an order to William McGonagle that the St Bernard dog, named Yoge, owned by him, by reason of excessive barking, be removed from the Town within seven days from the time of the receipt of the order; that until such removal , said dog be restrained to the premises of said owner; and that from and after the time at which said dog is required by this order to be removed from the Town of Lexington, neither the owner nor any other person shall permit said dog to re- turn or be brought back to the Town of Lexington. Mr. O'Connell informed the Board that a letter of resignation dated July 24, 1970, has been received from Patrolman John P. Brosna- han, Jr. of the Police Department, effective August I , 1970. Police The Chairman said that Patrolman Brosnahan was president of the Resigna- Police Betterment Association; what does that do to the Association? tion Mr. O'Connell said that they will have to hold a new election of officers. Mr. O'Connell said that as the Board had requested, he had been able to get one estimate on leaf pickup to be done on a contract Leaf basis For the type pickup program we outlined, Miller would provide Pickup two packers each with a three-man crew On this basis, the cost would X76 be $4200 for one sweep of the Town; as an alternate, if the Town wished to use it, they would furnish the packer with driver for $2600; our estimate was $700 for Town labor and that would represent a cost of $3300 per sweep The difference is essentially with equipment more than labor. We further discussed, if the Town does adopt its plan, the feasibility of renting a large trailer unit to see if this wouldn't be more economical because much of the cost we are talking about is the time between the pickup point and the sanitary landfill . If we could get a large box type pickup on the trailer, we could then spread the leaves at the sanitary landfill as cover If they are put in the packer, we would have to have labor to spread them out again. The leaves would be left at the curb in the type of bag which would disintegrate. Mr O'Connell informed the Board that the resignation of Mr Burke poses a problem in connection with the designation of the Designee for Town Official authorized to file applications for sewer grants for Water Pollu- water pollution control He recommended that the Board designate tion Grants the Town Engineer Upon motion duly made and seconded, it was voted to inform the State Water Resources Commission, that the Town Engineer is author- ized to act for the Town in applying for sewer grants for water pol- lution control as follows I That the Town Engineer, Town of Lexington, Massachusetts be hereby authorized to file in behalf of the Applicant an application ( in the form required by the United States and in conformity with 33 U S.C. 466e) for a grant to be made by the United States to the applicant to aid in defraying the cost of construction of the sewer- age treatment works described above; 2 That if such grant be made, the Applicant agrees to pay all the remaining costs of the approved Project, over and above the amount of the grant; 3 That if such grant be made, the Applicant agrees to make provision satisfactory to the Commissioner of the Federal Water Pol- lution Control Administration for assuring proper and efficient operation and maintenance of the treatment works after the comple- tion of the construction thereof; 4 That the said Town Engineer, Town of Lexington, Massachu- setts is hereby authorized to furnish such information and to take such other action as may be necessary to enable the Applicant to qualify for the grant; 5 That the said Town Engineer, Town of Lexington, Massachu- setts is hereby designated as the authorized representative of the Applicant for the purpose of furnishing to the United States such 17 information, data, and documents pertaining to the application for a grant as may be required; and otherwise to act as the authorized representative of the applicant in connection with this application 6 That certified copies of this resolution be included as part of the application to be submitted to the United States, for a grant Mr. McSweeney informed the Board that he has received the final bill for Bedford' s share of contract WPC 142 for the 30" force main, Bedford in the amount of $47,460 82., when you add Bedford' s share of state Sewer and federal grants, the final bill to Bedford will be $22,020 85; Bill this is for the main that has already been constructed. The Board agreed to submit the bill for $22,020 85, to the Town of Bedford for contract APC F42 Mr O'Connell informed the Board that the Lions Club has offered to cooperate in paying the labor costs incurred by the Public Works Public Department for the July 4 celebration conducted by their organization; Works this amounts to $685 09 July 4th The Board agreed to send the bill in the amount of $685.09 to the Labor Lions Club. Costs Mr. McSweeney informed the Board that a request has been received from Dr Leonard J. Friedman for a connection to the storm drain in the street from his home now under construction at 43 Dewey Road. He Friedman has not had a chance to review the elevation and recommended that the Drain request be approved, subject to this review Connection Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer to approve the request of Dr Leonard Friedman for a connection to the storm drain from the home located at 43 Dewey Road, subject to a review of the elevation 4y the Town Engineer. Mr. McSweeney informed the Board that Dr. Nathan Sidley has re- quested a deferment on his sewer betterment assessment; he lives on the corner of Rogers Road and Fessenden Way and we have installed the Sidley sewer on Fessendon Way Dr. Sidley feels it would be more practical Sewer to sewer from Rogers Road Assess- The Chairman asked when will the sewer be installed on Rogers ment Road? Mr. McSweeney said that it is not on his list of priorities Under the Betterment Act, Dr Sidley can be sewered from Fessenden Way; while it is not as economical for him to be sewered in this direction than from Rogers Road, he can be sewered by gravity and this is all the law covers. Mr. Legro said that you can only assess it once; the second sewer won't better it; he couldn't see on what basis you can defer it. x_78 Mr. McSweeney said that it would be more suitable for Dr. Sidley to make the connection with Rogers Road. The Chairman could see no basis on which to defer it Mr McSweeney said that he would rather wait until it comes up from Rogers Road The Board agreed that Mr. McSweeney is to inform Dr. Sidley that the Board has no authority to grant his request for deferment The Chairman read a letter from the Bedford Selectmen request- ing our cooperation and support in discouraging the latest proposal Hanscom of the Massachusetts Port Authority to turn Hanscom Field into a Field cargo port and suggests that a letter of concern be sent to the congressional delegation, state legislatures, the governor and the Massachusetts Port Authority. Bedford would be willing to host a joint meeting if the contiguous communities so desire. The Board agreed to write to the above mentioned officials pro- testing the proposal of the Massachusetts Port Authority to turn Hanscom Field into a cargo port The Chairman read a letter from the State Department of Public Health regarding Regulation 7 - Open Burning, and informs the Town Open that the Department voted to grant a period of grace to those muni- Burning cipalities that had applied for exceptions to the application of this regulation until September 15, 1970. The Board agreed that this regulation does not refer to Lexing- ton, we have until July, 1971 The Chairman read a letter from Dr. Provost, 229 Worthen Road requesting the purchase of the town-owned land abutting his pro- Provost Tax perty Title Upon motion duly made and seconded, it was voted to refer Dr Provost' s request to the Planning Board for a recommendation. The Chairman read an application from Paul A. Marcotte, 1144 Auctioneer' s Main Street, Haverhill , for an Auctioneer' s license; he is to License conduct a one-day auction on August 17, 1970 Upon motion duly made and seconded, it was voted to issue an Auctioneer' s license to Paul A. Marcotte, 1144 Main Street, Haver- hill, subject to the approval of Town Counsel Upon motion duly made and seconded, it was voted to approve Minutes the minutes of April 13, June 23 and July 27, 1970. The Chairman read a notice from the County Commissioners of a public hearing on public roads to be held on Thursday, September 17, Public Road 1970 at 10-30 a.m. Hearing It was agreed that Mr O'Connell and Mr. McSweeney will have a representative of the Town present at the public hearing on Septem- ber 17, 1970. 179 Upon motion duly made and seconded, it was voted to grant permis- sion to Cub Scout Pack 139 to use Willard' s Woods for a cookout on Permit August 16, 1970 from 100 p.m to 6 00 p.m , subject to the usual regu- lations of the Superintendent of Public Works The Chairman read a letter from Allen McSherry, Secretary of the Lexington Police Betterment Association, requesting recognition by the Town of the Association as the exclusive collective bargaining agent for such members in all matters affecting wages, hours of work and other conditions of employment Police Betterment Mr. Legro said that at the hearing before the Labor Relations Associa- Commission on July 15, 1970, it was agreed between counsel for the tion parties, and entered on the records of the hearing, that counsel for the association would re-submit a letter requesting recognition of the association as exclusive bargaining agent for the patrolmen and sergeants, and that he would also send to Town Counsel for his as- sent a motion to dismiss the petition Both steps are essential prior to written recognition but this will be given upon completion of these steps. The Board agreed to write to Mr. McSherry as odtlined by Mr Legro, Mr. Legro is to contact Mr. Wise, counsel for the association, to expedite the matter. The Chairman read a petition from the residents of Theresa Ave- nue to make it a one-way street Traffic Upon motion duly made and seconded, it was voted to refer the Petition request to the Traffic Committee for a recommendation. Upon motion duly made and seconded, it was voted to sign the Theatre Daily and Sunday licenses for the Lexington Theatre License Upon motion duly made and seconded, it was voted to certify the character of Thaddas L. and Sherman G. Alston and Mac H Clark of Cert of 27 Curve Street who have applied for a Certificate of Incorporation Incorp "The Alpha Group, Incorporated." The Chairman asked Mr McSweeney to report on the revised plans for conduits and manholes on Waltham Street near Concord Avenue and, also, Concord Avenue and Blossomcrest Street. Conduit - Mr McSweeney said that he had reviewed the proposed location Concord with Mr. Pratt and Mr. Hutt of Boston Edison' s Engineering and Con- Avenue, struction Division and had revised their locations in the field with Waltham & Mr. Hutt Blossom- crest I . The one at Waltham Street and Concord Avenue has been moved southerly with a more direct crossing, then continuing northerly in the sidewalk area to its new pole location This brings this conduit out of the new pavement area 180 2 The proposed manhole 110 ft. northerly of Blossomcrest Street could not be moved to any other location because all the pave- ment in this area is less than five years old However, we did suggest moving the conduit into the grass area, thus re- ducing the amount of pavement that would have to be disturbed Mr. McSweeney said that both of these locations are intended to increase the underground service under Route 2, and Boston Edison will continue from the Waltham-Lexington line to the Concord Avenue loca- tion overhead, and will also continue from Blossomcrest Street to Marrett Road overhead for the remainder of the increased service for this area Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company for the following locations Waltham Street at Concord Avenue, a distance of about 90' - Conduit Waltham Street, approximately 25' north of Blossomcrest Road, a distance of about 90 feet - manhole and conduit. Upon motion duly made and seconded, it was voted to sign the order for the following location as requested by the Boston Edison Company Hartwell Avenue, at and southwesterly from Maguire Road, a distance of about 225' - manhole and conduit. The Chairman said that some time ago, we asked Mr. McSweeney to prepare a list of sewer requests and to assign priorities He read Sewer the list submitted by Mr. McSweeney with the five priorities as Priorities follows I The Community Nursery School 2. The Bennington Road Area 3. 18 Bridle Path 4. 113 North Street 5 Temple Emunah-Piper Road at Cambridge-Concord Turnpike Mr McSweeney said that the Community Nursery School should be Community done; the extension to take care of it has been designed. Nursery Upon motion duly made and seconded, it was voted to authorize Sewer the ,Town Engineer to make the necessary arrangements for the exten- sion of the sewer system to service the Community Nursery School . The Chairman asked Mr. McSweeney about Temple Emunah' s request. Mr McSweeney said that it would cost $ 143,000 and that is half Temple of our budget for the year Emunah The Board agreed to write to Temple Emunah and inform them that the request for a sewer connection will be considered at budget time. 18i The Chairman read a letter from Mrs. Converse of the Massachusetts Parents Association requesting a meeting with the Board to show some films on sex education. It was her thought that the Board should Sex review their information regarding this issue so that it could be in- Education cluded in the Town' s report for the President' s Conference in December. Films After discussion, the Board agreed to inform Mrs. Converse that it is the feeling of the Board that this issue should properly be discussed with the School Committee as the Board does not have the necessary background in this area to take a proper position In view of this, we would look to the School Committee to evaluate the films and program. The Chairman informed the Board that Morris Motors has applied for a Second Class License. Morris The Board agreed to continue the policy of not issuing a Second Motors Class License and, therefore, deny the request of Morris Motors. The Chairman asked if Mr. O'Connell should talk with Morris Motors? The Board agreed The Chairman discussed Dr Babior' s request for a bus stop for the Arimont bus at Route 2 and Pleasant Street. He asked Mr McSweeney what is the Traffic Committee' s feeling on having a bus stop there? Request Mr McSweeney said that the only place you could have a bus stop MBTA - ' is out in the middle of Route 2 on the bridge. Rte 2 The Chairman said that the Traffic Committee should give the Board Bus stop a recommendation based solely on traffic and safety The Chairman read a report from the Traffic Committee regarding the Winchester Drive sidewalk, as follows "A sidewalk along the southerly side of Winchester Drive near Lowell Street would not be desirable until the pedestrian lights have been installed. Upon the installation of pedestrian crossing lights Winches- at Lowell Street, traffic safety and convenience will be improved by ter Dr extending the sidewalk along the south side of Winchester Drive to Sidewalk Lowell Street in addition to the existing walk along the north side of Winchester Drive." The Chairman asked Mr. McSweeney what the schedule was for the light? Mr. McSweeney didn't know, he had talked with Mr. Mistretta of the State DPW. The Chairman asked if the Board wished to accept the recommenda- tion of the Traffic Committee when the light is installed? Mr. McSweeney said that we have to wait for approval and we have set up our priorities for the next two years on sidewalks; you all agreed we have enough sidewalks for the next five years The Chairman said that up to this point we were not considering this sidewalk in our list of priorities We only made a statement at the last Town Meeting to re-evaluate the situation based on a pedestrian controlled light Go back and assign it a priority 182 Hunting Upon motion duly made and seconded, it was voted to appoint Committee Robert Cataldo a member of the Hunting Committee The Chairman read a letter from William Daley, counsel for the Fire Fighters' Union, requesting a meeting to resolve the final points of the contract Fire Mr. O'Connell said that he had met with Mr. Fitzgerald and Fighters the negotiating committee had finished business with the union; Union the next step was to get it into contract language. They had re- solved outstanding matters, except the salary of the Deputy Chief . Mr. Bailey said that this is, properly, a grievance matter. Mr. Legro said that he would be in touch with Mr Daley and get it resolved. Mr. McSweeney informed the Board that Mr. Sherman of 14 Ridge Sherman Road requests a sewer connection. Sewer The Chairman said that he wrote us a letter and we told him Request that when the betterments were assessed, we would then resolve the damages vs the betterments. 1975 Mr. O'Connell asked when the Board would like to consider act- Celebra- ing on the 1975 Celebrations Committee? tion Comm The Chairman replied that it would be at the meeting after Labor Day Mr O'Connell informed the Board that he has recommendations on the 1970 rates for hiring snow trucks; he is trying to get in touch with other communities to see what they have done. Upon motion duly made and seconded, it was voted to appoint Appt. Walter C O'Connell as Acting Superintendent of Public Works. Upon motion duly made and seconded, it was voted to adjourn at 9 50 p.m. A true record, Attest Executive Clerk, Selectmen 183 SELECTMEN'S MEETING August 24, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, August 24, 1970 at 7 30 p.m. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present; Mr O'Connell , Town Manager and Acting Superin- tendent of Public Works; Mr McSweeney, Town Engineer and Mrs. McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, two jurors were drawn as follows Robert M Dolan 346 Woburn Street Jurors Oscar Lowenchuss 4 Rogers Road Hearing was declared open upon the petition of Arthur Gaklis, d.b.a. Gold Star Nursery, for a license for a 2,000 gallon underground gasoline tank on the premises located at 1265 Massachusetts Avenue A notice of the hearing was inserted in the August 13, 1970 issue of the Lexington Minute-man and sent by certified mail to the abutters as listed on the records of the Assessors Application was approved by Chief Spellman of the Fire Department Mr Gaklis said that the purpose of our request is for our private use, we need a storage tank for use of the tractors, forklifts and vehicles we have at the premises and the gasoline will be used for our Gold own use and not for resale The tank will afford us the opportunity Star for less traffic and will avoid the storage of gasoline in small con- Gasoline tainers at the Nursery We respectfully submit the application for Hearing approval The Chairman said that this has been advertised and the abutters have been notified; the Fire Chief has properly inspected and ap- proved the location and position of the 2,000 gallon tank, and Arthur Gaklis did sign the application Mr. Bailey said that this is wholesale rather than retail, he asked Mr Gaklis to review the vehicles. Mr Gaklis said that there are several forklifts, a tractor and automobiles and several trucks Mr Bailey asked how many automobiles and how many trucks? Mr. Gaklis said there were possibly 4 automobiles, possibly two trucks and between the forklifts and tractors, he believed there were three. Mr. Kenney asked will this increase the number of trucks coming into his place? Mr. Gaklis replied no, there would be less traffic. Mr Kenney asked if there would be tractor trailers coming in? Mr Gaklis replied no, it is not for re-sale The Chairman asked if a member of the audience had any questions? Grace Margolien, 12 Ingleside Road, asked if this petition was for a tank or to build a tank? x84 The Chairman replied that it was for the installation of an under- ground tank for their own private use Mr Bailey asked what storage capacity exists down there now, if any? The Chairman replied, none Sam Silverman, 18 Ingleside Road, asked what kind of trucks? They depend on answers here. I do not really hear what is on the trucks I am not here on the truck traffic going there; legal hours are - what we think are the legal hours I think, too, this ques- tion of truck usage - what kind of trucks, and to what extent would they be there? The Chairman said are you asking what type Mr. Gaklis owns or would make delivery? Mr Silverman replied, what kind of trucks would be using the gas tank, how often, and when? This is apparently for the use of trucks on the premises; would this usage be written? If this per- mit is granted and I ask these kind of questions because the busi- ness is completely surrounded by a residential area and I have been watching the development of this and I feel one might ask for a more careful kind of regulation. The Chairman said that this petition is strictly for an under- ground storage gasoline tank. Any use of property or business hours come under the Board of Appeals. Mr. Silverman replied that you are saying if the permit is granted, it would be without any conditions or restrictions. The Chairman asked what type are you thinking about? 111 Mr Silverman replied, conditions that a tank be used only for the particular type of trucks on the premises, such as the forklift truck already there, the truck traffic is too much The Chairman said the permission is that the gas would not be for resale, I don't think we could impose the condition he could gas up some other vehicles; I can't see restrictions on the pump as this is simply for the installation of an underground tank based on safety and location If we wanted to go into the hours of operation, 7 00 a.m. to 5 00 p.m., that he can't pump after 5 00 p.m , if irrigation runs out after 5 00, you say go to the gas station? Mr. Silverman said what it would do would be to stop these trucks coming in. There was one at 10.20 p.m. on Sunday there and there could be a whole lot of trucks coming in to gas up I feel it is reasonable to ask for the kind of truck and everything be on the up-and-up Mr. Gaklis said if there was a truck there at 10-00 on Sunday, he would like to know who was the driver. Mr. Silverman said there was no question the truck was there. Mr. Gaklis asked, ours? Mr Silverman didn't know Mr. Wathen-Dunn, 44 Maple Street, asked the question of the Board as to what is the minimum size of a tank the Board authorized in non-residential areas of the Town now? 18i The Chairman replied, 5,000 gallon tanks. Mr. Silverman said, not residential . Mr Kenney asked what proportion would go for the irrigation pump? Mr. Gaklis replied that we buy five gallons a day and we store it in five gallon containers Mr Silverman wanted an answer on the type of trucks Mr Gaklis said our trucks are single and axil vans, flat body; as far as weight and size, one GVW-25,000 lbs and one at 28 or 29 thou- sand lbs. It is a medium weight truck, not a trailer truck; none of our trucks are. No one having further questions, the Chairman declared that part of the hearing closed. No one appearing in favor of the petition, the Chairman asked if anyone was present in opposition? Sam Silverman and Mr Wathen-Dunn were recorded in opposition Mr. Dennis Speliotis, 22 Ingleside Road, said that it is my under- standing that this petition is made by Gold Star; this is a wholesale operation according to the newspaper and to my knowledge there is no permit for this particular location and I doubt that asking for a per- mit which has not been authorized by anybody . Mr Lewis Aronin, 20 Ingleside Road, said he would like to submit that in the newspaper, it said the Gold Star is a shop for the trade only, landscapers, etc and had over 25 trailer loads of merchandise on hand. It is on record as operating without a permit, it is il- legal and with other residents irked at the heavy traffic and nothing apparently has been done with the by- law The Chairman asked that they keep the two issues separate, this petition is on underground storage and if you want to go on record based on safety, fine, but to go into other areas, this is not the purpose here tonight. Mr. Aronin said he will go on record as opposed to granting of the petition; they are operating illegally, which we will soon find out, and would point out the number of violations of trucks coming in at all hours, on August 16, on Sunday, at 10.20 p.m. a huge 10-wheel trailer truck pulled into the property and turned around and parked there, this violation is on record at the police station and can be verified. The Chairman said that these are violations and there is a place II for them to be brought and investigated; this hearing is to grant an underground storage tank Mr. Aronin wanted to go on record that this hearing is held il- legally; if held legally, all the abutters would have been notified. The Chairman said this was brought up the last time, I take strong exception that the Town is doing something illegally; those who abut 1265 Massachusetts Avenue were duly notified. Do you know the area Gaklis has control of? The abutters were duly notified. Mr. Aronin said I believe it is highly inappropriate for you to sit on any matters pertaining to 1265 Massachusetts Avenue or any- thing there. The Chairman said that the record will show it Why do you say "there?" I ask you and you haven't an answer 186 Mr Aronin said you withdrew from the previous hearing and on the same grounds The Chairman said there were no grounds stated the last time Mr Aronin said, you withdrew The Chairman asked, what makes you think I won't this time? Mr Speliotis asked, are you claiming the legality of the opera- tion is not a matter for the Board to be concerned with? The Chairman replied, no, that is not what he had said Mr Arne Korstvedt, 38 Ingleside Road, was recorded in opposi- tion. Mrs. Martin Sussman, 1316 Massachusetts Avenue, said that on June 29, she had sent a letter to the Selectmen and the Town Manager and my reasons haven't changed Mrs. Sussman' s letter was read, as follows " I wish to be recorded in opposition to the granting of permis- sion to install a gasoline tank for the storage of fuel at the Gold Star Nursery, a wholesale operation, 1265 Massachusetts Avenue A conservative estimate indicates that such a tank would permit the daily refueling of approximately 40 trucks In my opinion this would strengthen the commercial use and add to the already increased truck traffic along Massachusetts Avenue, which is a residential and historic area." Ephraim Weiss, 462 Lowell Street, asked to be recorded in oppo- sition Edith J Abel, 4 Abernathy Road, was recorded in opposition Mr. Weiss said, I would ask you if you have any interest in the property in question? The Chairman replied, none whatsoever, financial or otherwise. Mr. Weiss said at the Board of Appeals hearing, the Chairman said the property belonged to the Cataldo family However, the point Mr. Aronin was making, I would like to make a point, the fact it is a relative of yours that does own the property causes questions. Many people have commented on this and feel this is why you chose to absent yourself last time and for the same rea- sons I feel you should not proceed now, there is nothing insidious about that, nothing provocative or hateful or resentful The Chairman said I am perfectly aware of my responsibility to this Town better than you, I will in no way embarrass this Town. My brother does own this property and I will disqualify myself not because I have to but because of my interest in the Town; I am sick of the rumblings in the Town Mr Weiss said, I think these are the same reasons you dis- qualified yourself before Mr. Greeley said you are failing to recognize between presid- ing at the hearing and the granting of the permit Mr Weiss said the other point we are talking about is a residential zone; the fact there is a business operation there 1S7 doesn't change the fact it is still in residential zone R- 1 This is not a request from the Board of Appeals to do something from hardship A large tank in a residential zone, and what you are asked to do here is essentially a zoning matter. Mr Frank Rando of the Bonded Oil Company said he was present to answer questions on safety and the size of the tank A lot of people question the size and in this day and age, it is small . Mrs. Abel said it isn't the size of the tank, the fact it is going to be around a residential zone and ordinarily a household wouldn't ask for this; we don't ask for a 2,000 gallon tank. Mr Rando said 1 am sure a lot of gas stations of 12 and 15 thou- sand are next door to houses. Mrs. Abel said I am not worried about the safety; the fact it is a residential area. Mr. Rando said it would make it more convenient rather than go all over town looking for gas Mr. Silverman wondered about the question about who is an abutter This piece of land is in the corner of the property Some home owners think it is facetious reasoning, one can see the truck traffic if you are in the homes. Regardless of the people involved, Mr. Nickerson went to the trouble of notifying the people all up and down the streets I wonder if this is not a more appropriate procedure when you have a piece of property surrounded on all sides by homes. The Chairman said when we have an application, it is surrounded by residential homes; most gas stations are and this is still the approach we take and they are granted permits up to 20,000 gallons. The legal notice is in the paper and Mr. Weiss lives two miles away Where do you draw the line? We draw the line as the strict legal interpretation. Mr. Silverman said to restate a point most important in my mind, a tank, which is basically a small matter, when that tank is a part of a business in a residential area it takes on an important meaning which is beyond the thing itself and because it is in a residential area I think it should be more precisely regulated Over the past few months, I have found out most of the problem comes from in the past the defi- nition has been vague, a vague definition of the regulation and I think it should be shown Mr. Aronin said at the last hearing the Planning Board took a posi- tion and submitted a letter He would like to know Whether the Planning Board has taken any position this time? The Chairman said a letter has been received and would be read intp the record later Mr. Greeley spoke to Mr. Gaklis and said you have heard several comments questioning the appropriateness of the wholesale operation; I would ask whether you want to comment at this hearing on the basis of conducting that business Mr. Gaklis asked, about the wholesale? Mr. Greeley said there are apparently two operations, Cl) retail and (2) Gold Star Nursery; the petition is submitted by the wholesale opera- tion and people here are asking on what basis the wholesale operation legally exists 18 Mr Bailey asked on what basis it legally operates? Mr. Gaklis said I don't know if I could answer it; I thought you were asking why the wholesale? Mr Greeley said they are saying they understand it is the Board of Appeals if retail and they have difficulty finding a basis for the wholesale operation being conducted. Mr Gaklis did not answer The Chairman read a letter from the Planning Board stating that the position of the Planning Board has not changed since the previous hearing held on June 29, 1970, which was that the"Plan- ning Board hopes that the requested permit will be denied " The reasons set forth in the letter from the Planning Board were recorded in the minutes of the meeting of June 29, 1970. The Chairman declared the hearing closed The Board would take the matter under advisement The Chairman disqualified himself from discussions and voting on the granting of a permit to the Gold Star Nursery for a 2,000 gallon underground gasoline tank Later on in the meeting, the Chairman left from the meeting. Upon motion duly made and seconded, Mr Mabee was voted Act- ing Chairman of the meeting Mr. Greeley said he was disturbed by the apparent lack of knowledge as to what operations are going on in that general property and what foundation in zoning they have for going on The question was raised at the hearing whether the wholesale oper- ation is legitimate. He felt it is a very serious thing and we ought to ask the Building Inspector to give a kind of summary of what operations he knows of other than those normally going on and what basis he sees for them being conducted. He would like to get a statement of fact in order to have assurance; whether to grant the permit would tend to legitimize something legitimate or illegitimate He recommended that the Board refer this question through the Town Manager to the Building Inspector and defer action to September 14, Upon motion duly made and seconded, it was voted to refer through the Town Manager to the Building Inspector a request for a report from the Building Inspector on the operations conducted in the general property at 1265 Massachusetts Avenue, action of the Board is to be deferred until the September 14 meeting. Mr O'Connell reported to the Board on a meeting held with Mr. Sprague of the Department of Natural Resources relative to the addendum clause which the DNR had asked the Town to include in the DNR deeds We had a successful meeting and learned that the DNR did Addendum not intend that it should produce a trust as Mr. Legro feared it Clause might represent Stephen Ellis, Legal Counsel for the DNR, will examine the language following the prorogation of the legislature 189 Mr. Sprague said the language in the order of taking satisfied the DNR for the purpose for which the land is to be used and he indicated he saw no problem at all with Conservation or as used in the options, there does not appear to be any problem The only problem remaining is whether the language would be changed in the future or if it did not include that now in the order of taking There should be no de- lay with our several applications which have been in jeopardy. Mr O'Connell reported that he had received all the material re- quested, with the exception of the Recreation Committee, regarding the White House Conference on Children in December. He had asked the Board of Health, School , Police and Recreation Departments to prepare their own recommendations on the material which would be submitted in corresponding program areas He will furnish copies to the Board The Town has a good set of reports and recommendations concern- ing areas in which our people should be developed The only question seems to be one concerning policy having to do with a citizen' s group communication from Massachusetts Parents on Responsible Education. White In the letter from Mrs Converse, she took exception to what she House understands is sex education in the Lexington Schools and felt this Conference should be included in the questionnaire I checked with State groups on handling this and they khow of no questionnaire, as such, for this Children information However, it invited comments from municipal agencies and citizens groups If the Board chooses, the material Mrs Converse submitted which represents this citizens group could be submitted in this report and identified as coming from citizens The Chairmen asked if he had talked with the School Committee on the issue? Mr O'Connell replied, no; he had talked with the State group and they have no problems but they have not run across this particular situation. If the Board desires to read this, what position is to be taken relative to this - should the material furnished by citizens be included in the report to the State? Mr. Mabee said that we will read it and make up our minds. The Chairman said they don't care what form is presented as long as they make a request to discuss this issue, this letter doesn't have to go into the report The Board could say this group requests the issue be discussed in the congress Mr Mabee asked if Mr O'Connell was recommending a composite or individual report be made? Mr. O'Connell recommended individual reports as prepared by the departments Mr Greeley added, with a letter of transmittal from us. Mr O'Connell agreed He said that it speaks well of the Town and speaks well of the individuals in the Town It was agreed that Mr O'Connell is to send the reports to the Board and comments on whether the citizens group report should be in- cluded or excluded will be sent directly to him. Mr O'Connell said that a representative of the Town is invited to attend the conference to be held on October 17, 1970 at Boston College Mass by the Massachusetts Committee on Children and Youth. Youth The Chairman said that we will act on this later. Conference 11 90 Mr. O'Connell informed the Board that on Friday a tree hearing Tree will be held on a large beech tree at the corner of Edison Way be- Hearing hind Craft Cleaners, this tree is in bad condition as a portion of it is hollow and three-quarters of it is dead This hearing is to comply with all the requirements and the Historic Districts Commis- sion will be notified Mr. O'Connell informed the Board that early in August a letter had been received from Rocco M Frasca, 987 Waltham Street, stating that the Star Market in Waltham had extended its parking lot into Lexington; he questioned if a zoning change has taken place. Zoning This has been investigated by the Building Inspector and the Waltham- Planning Board and it showed that the Lexington-Waltham town line Lexington was incorrectly located. The Lexington line was 50 feet south of Line the correction location and the Town Engineer is pursuing this for correction. At first this was thought to be an explanation of the parking lot extension but examination showed the parking lot is 150 feet long, 100 feet of which are in Lexington The Building Inspec- tor is investigating it now Mr Frasca has been advised - that no zoning change has been made. Mr O'Connell informed the Board that he has two requests for their consideration and recommendation to the Appropriation Commit- tee I Request for a $ 1 ,000 transfer to Account #4050 - Dog Officer Expenses The Town has previously had the fee use of the Arlington dog pound and the 1970 expense budget was prepared Transfers on that basis. Arlington officials have discontinued the privilege early this year; consequently, we have had to im- provise the dog pound We rent a small building from Mr. Cosgrove on Wood Street and the arrangement is for the Town to pay the cost of the necessary wire enclosure Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count #4050, in the amount of $ 1 ,000 2. Mrs Johnson, Clerk of the Board of Appeals and the Plan- ning Board has resigned both positions, due to heavy work- load Mrs. Johnson has agreed to consider continuing with the Board of Appeals if the two jobs are separated We believe this can be done and have no choice but to hire a new fulltime clerk for the Planning Board. Currently funded in the 1970 budget on a one-half basis ($2988) we propose to charge the balance of the Planning Board's clerk to the Clerical Pool for the remainder of the budget year. We request a transfer of $ 1 ,000 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count #1075 in the amount of $ 1 ,000 191 Mr. ,0`,COnne 14 said. that ,4 4etter has been recv i ved from Harry: Farrington, 234 Ea St-, Street,, about having East Streeta one-way street, he hoped it could be tried for one week East Mr. Greeley said no Street The Board agreed that it was not advisable and to so inform Mr Request Farrington. Mr O'Connell said he had received a verbal request on behalf of the Board for permission to use Lincoln Street. Ralph Hall, TMM, who is a ballooning enthusiast and is aspiring to get a balloonist license, wishes to use Lincoln Street for a tethered balloon test With an associate, Mr. Hall wants to hire a balloon and is asking to use a large area. The matter came up quite suddenly and there is a question of liability and traffic, etc. Mr Hall assures me that the tests will be conducted at daybreak and dusk because of wind conditions. The balloon flights are under the rules of the FAA but he was advised there are no restrictions on take-off and landing He is asking only Tethered for permission for tethered but hopes to move into free flight My Balloon suggestion is that this matter does need further investigation Flight The Chairman thought the Board should give Mr O'Connell some di- Request rection as to policy Mr O'Connell said that the basic question is the use of public property. Mr. Greeley thought the approach ought to be that Mr Hall should give us more information Mr. Mabee recommended that Mr. O'Connell tell Mr Hall that we are concerned about the liability and what could be do to free us of this liability Mr O'Connell said he assumed he would have to demonstrate that he meets all the qualifications required by the Town. Mr Greeley said it would give Mr Hall a chance to give us the whole story Mr O'Connell is to talk with Mr. Hall Mr O'Connell reported to the Board that over the weekend the Town suffered the loss, through theft, of a new brush chipper which Theft of was at Abbott Spray and Farm Equipment Company, and it was recovered Equipment in Nashua, New Hampshire by the police; a neighbor was curious enough to take the number and the guilty party has been apprehended. Upon motion duly made and seconded, it was voted to sign the Warrant for the State Primary to be held on September 15, 1970. State Upon motion duly made and seconded, it was voted to have the Primary polls open on September 15, 1970 from 7 00 a.m to 8 00 p.m The Chairman read a petition from residents of Lincoln Street and vicinity regarding excessive speed on Lincoln Street between Lincoln Marrett Road and Worthen Road Street Upon motion duly made and seconded, it was voted to refer this Traffic I petition to the Traffic Committee for recommendation Petition 192 The Chairman read a petition from 115 residents of the Town recommending that the business hours of Dunkin Donuts, which is under construction at Marrett Road and Waltham Street, be from Dunkin 7 00 a.m to 10-00 p.m Donuts The Chairman said that they are building at the former loca- tion of Breslin' s Market and will ask for 24 hours, They were advised by Mr Irwin before they bought the property that the Town would frown on a permit for 24 hours. We will acknowledge the receipt of the petition and will inform the petitioners that the Board will take their petition into consideration at that time. Upon motion duly made and seconded, it was voted to appoint the following election officers ELECTION OFFICERS 1970 - 1971 DEMOCRATS REPUBLICANS Mrs. Mary C Casey Mrs. Edna R Anderson 22 Valley Road 21 Leonard Road Mrs. Elizabeth F Downey Mrs. Florence M Downe I Stimson Avenue 112 Bedford Street Mrs. Mary J Ferry Mrs. Mary E. Clifford Election 50 Downing Road 54 Chase Avenue Officers Mrs. Eileen J. Fradette Mrs Ilda J Field 35 Grapevine Avenue 30 Chase Avenue Mr Michael Lovezz®la Mrs. Ida B Fisk 7 Captain Parker Arms 10 Spencer Street Mrs Edna F Marshall Mrs. Rose J Grant 110 Woburn Street 16 Hillcrest Avenue Mrs. Margaret S. Magner Mrs. Agnes Heimlich 259 Woburn Street 796 Mass. Ave. Mrs. Henry P Meade Mrs. Sally S. Hooper I7C Wm Roger Greeley Village 282 Bedford Street. Mrs Marjorie Modoono Mrs. Mary F. Irwin 285 Woburn Street 20 Clarke Street Mrs. Mary G Oliver Mrs. Alice G. Marshall 610 Waltham Street 9 Independence Avenue Mrs Alice Lillian Osgood Mrs. Mary G. McCauley 573 Marrett Road 75 Spring Street k, f� Mrs. Helen L Perry Mrs. Delores M. Swan 16 Ellison Road 24 Bedford Street Mr. Randall W Richards Mrs. Virginia M. Warner 67 Farmcrest Avenue 71 Adams Street Mr. Joseph 0. Rooney Mrs. Margaret S. Wilson 222 Waltham Street 103 Merriam Street Mrs. Mary V. Spencer Mrs Marjorie E Wirpie 8 Cary Avenue 22 Bartlett Avenue The Chairman read a letter from Thomas Taylor, 64 Marrett Road, Taylor requesting the purchase of town-owned land abutting his property Land Upon motion duly made and seconded, it was voted to refer this Request request to the Planning Board for a recommendation The Chairman read a letter from the Director of the Krebs Krebs School requesting installation of traffic control signal at the in- School tersection of Waltham Street and Concord Avenue. Traffic Upon motion duly made and seconded, it was voted to refer this Request request to the Traffic Committee. Upon motion duly made and seconded, it was voted to inform the ABC-Labor Package Goods Stores to remain closed on Labor Day, September 7, Day 1970; motels and clubs may serve during the usual hours. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on August 10, 1970 Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for a Certificate of Incorporation Leo H. and Lynn Z. Geltman 8 Great Rock Road Cert of Robert E. and Niela M Horn 80 Marrett Road Incorp. "Gestalt Institute of New England, Inc " Rudolph J. Fobert 25 Winthrop Read "Project LOCAL, Inc." Neal B. Mitchell , Jr. 12 Stimson Avenue "Health Planning Collaborative, Inc." Upon motion duly made and seconded, it was voted to sign the sewer betterment assessments for the following streets Sewer Betterment Manley Court North Street Turning Mill Road Assess- Mass Avenue Patridge Road Turning Mill Road ments Meadow Brook Avenue Philip Road Whitman Circle Merriam Street Pine Knoll Road Winter Street (also abatement sheet) Thoreau Road Woodland Read L - _ 194 Upon motion duly made and seconded, it was voted to sign the Abatement abetment of sewer betterment assessment of Robert A and Sara C. Bittenbender, 85 Meriam Street, in the amount of $513 57 Water Bet Upon motion duly made and seconded, it was voted to sign Assess water betterment assessments for Hartwell Avenue and Philip Road. Upon motion duly made and seconded, it was voted to sign the Abatement abatement of water betterment assessment of Partridge Associates, Inc., 34 Partridge Street, for lots on Philip Road, in the amount of $555 00. Upon motion duly made and seconded, it was voted to inform the residents of Five Fields that the Board had no objection to a Permit square dance being held on the corner of Barberry and Stonewall Roads on September 4, 1970 from 7 00 p.m to II 00 p.m or, in the event of rain, September 6, 1970 September Upon motion duly made and seconded, it was voted to. hold the Meeting next Selectmen' s Meeting on Monday evening, September 14, at 7 30 p.m. Upon motion duly made and seconded, it was voted to adopt and sign the order of taking for conservation purposes the land owned Buse by Alfred S. Buse and Daniel P. Busa, Trustees of Busa Realty Trust, Taking with an award of damages in the amount of $ 15,300 The Chairman read a request from John Pirelli requesting per- mission for the use of loudspeakers mounted on automobiles to can- Request vass the streets of Lexington from August 28 to September 15, 1970 from 10 00 a.m to 6 00 p.m Mr Pirelli is a candidate for the office of Middlesex County Commissioner. Upon motion duly made and seconded, it was voted to deny the request of Mr. Pirelli . 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 a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session andresume the open meeting. Mr. Cataldo left the meeting. Mr Mabee was voted Acting Chairman and the Gold Star Nursery application was discussed. This discussion is included in the previous minutes this evening After a decision was reached, Mr. Cataldo came into the meeting l 95 U The Board discussed the bill received from Arthur Schofield, Inc., contractor for work done at the Bowman School, in the amount of $12,500 After discussion, it was reluctantly agreed to pay the bill . Schofield Upon motion duly made and seconded, it was voted to approve Bill the payment of the bill submitted by Arthur Schofield in the amount of $ 12,500, subject to the Town Manager clarifying the question of overbilling with the Comptroller Upon motion duly made and seconded, it was voted to adjourn at 10. 16 p.m A true record, Attest -. -27 Yz4. ' cie � Executive Clerk, Selectmen III III L 196 SELECTMEN'S MEETING September 14, 1970 A regular Meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, September 14, 1970 at 7 30 p.m Chairman Cataldo, Messrs, Mabee, Kenney, Greeley and Bailey were present; Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager and Acting 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 Jurors follows John Seppa 5 Bryant Road Jonas Landau 20 Dawes Road Raymond H Whittaker 80 Burlington Street Hearing was declared open upon the petition of Gas Incorpor- ated, Lowell , for license for permission to keep 2550 gallons of propane gas in three 850 gallon tanks above ground to be used to heat the building on the premises owned by Campanelli Investment Properties and leased to Chandler Leasing Company, Waltham, lo- cated at 101 Hartwell Avenue A notice of the hearing was inserted in the September 3, 1970 issue of the Lexington Minute-man and sent by certified mail to the abutters listed on the records of the Assessors Application was approved by Chief Spellman of the Fire Department Robert Milburn of Campanelli Company was present and said that his company was involved in building a building for Chandler Propane Gas Leasing Company and had applied for natural gas and had been in- Hearing formed that it couldn't be supplied. They had to make a switch to propane gas and this petition is from the Gas Company to supply it for the period until natural gas is available. The Chairman asked if they had any indication as to when natu- ral gas would be available2 Mr. Milburn said it would be somewhere in the vicinity of a year. The Chairman asked if once the conversion is made is it your intention to remove the tanks? Mr. Milburn said he would rather hear it from the Gas Company. Thomas Murphy of Gas Incorporated asked if there were any questions pertaining to propane gas? The Chairman replied, no, we are looking for answers from the natural gas company on when the conversion will be made. John O'Sullivan of Instrumentation Laboratory said that we do have an interest in this but would only like to know the location of the tank. I 197 Mr. Milburn said that the tanks will be located on the far side of the building that is furthest from your building. The Chairman showed the location plan, and asked if there were any questions; no answer and he declared that part of the hearing closed The Chairman asked if anyone present was in favor of the peti- tion? Attorney Alfred Tropeano was recorded in favor. The Chairman asked if anyone present was in opposition? Hearing none, the Chairman said that the Board will take the petition under advisement and will inform Gas Incorporated of the decision of the Board. Later on in the meeting, the petition was discussed Upon motion duly made and seconded, it was voted to grant the petition of Gas Incorporated, Lowell , for permission to. keep 2550 gallons of propane gas in three 850-gallon tanks above ground to be used to heat the building on the premises owned by Campanelli In- vestment Properties and leased to Chandler Leasing Company, Waltham, located at 101 Hartwell Avenue, with the expiration date of December 31 , 1971 , subject to renewal . Hearing was dedlared open upon the petition of the Boston Edi- son Company to locate six poles on the northwesterly side of Hartwell Avenue, approximately 1 ,005 feet northeast of Wood Street. Notices of the hearing were mailed to the petitioner and the abutters and filed with the Town Engineer. Mr. Pratt, representing the Boston Edison Company, was present and said that this petition was for six poles to provide service for the Campanelli building on Hartwell Avenue. Attorney Tropeano, Mr O'Sullivan and Mr. Palmieri of Instru- mentation Laboratory were present and looked at the plans submitted by Boston Edison. The Chairman asked how Instrumentation Lab is serviced? Poles Mr Pratt replied, overhead.. Hartwell The Chairman asked where is the last existing pole? Avenue Mr Pratt said that it is at lot 9 of Instrumentation Lab. The Chairman said that you want five or six poles up their lot line in front of their building and down Hartwell Avenue. At the last petition you were told we approved it subject to Edison coming back with a master plan. Mr. Pratt said that his supervisor said that this is an over- head district The Chairman said that regardless of how he feels, we asked for a master plan and how you are going to service it Mr. Pratt did not answer. Mr Greeley said he would like to know if he is implying the plan is to carry overhead down Maguire Road? Mr Pratt replied, yes 1 198 Bill Jones of Boston Edison was present and said there is no master plan as far as overhead; it is just that the customer apw plies for service and if there is none beyond we do it; that is as far as we would go The Chairman said we know that If another customer asks, how will you service it? You place wires and crosscuts all over the place and we are tired of having a hearing for 25 feet and we don't know what is going beyond. We approved it to that point, and where is the master plan? Mr Jones said that if buildings continue down Hartwell Ave- nue, the poles will continue and go onto their property; it must be on their property because of the voltage requested The Chairman said that you have nothing more to show on Hart- well Avenue except these six poles. Mr. Jones said that we can go on one side or the other; if put underground, it would be at the customer' s expense and responsibility The figure is $43,000 for underground service for Campanelli minus $3,000 if overhead; it is roughly $40,000 to go along Hartwell Avenue. The Chairman said that you are telling us the cost is $40,000 to go along Hartwell Avenue for 600 feet? Mr Jones replied, yes; that was our firm estimate; it would be $3,000 to go down the street and in on his property, there would be no cost if we have overhead permission; the rest would be handled by his contractor. Mr Greeley said that the differential in the cost is based en- tirely within the installation cost There is no estimate as to What the difference in maintenance is? Mr Jones replied, no; the underground in the center has a tap,; this would be a tap to a dead end and would not go into underground cable in many directions, like it does in the Center. Mr Greeley felt that Edison is passing the installation cost to the customer and you are going to reap on the maintenance costs. Mr. Jones said we have no alternative, Chapter 64 states this when a Town accepts the ordinance to go underground; if we did it on our own, we would have to go to the DPU and ask for a differen- tial in rates; this is where the developer does the digging and we lay cable and put in manholes - on a conduit system supplying to a commercial section, it is different from a residential area The Chairman asked about Worthen Road, that was underground Mr. Jones was not familiar with that. The Chairman said that our whole section was underground there Mr Jones said that the only thing along there was for street lights We brought in one tap to feed the new development The Chairman said that they have taps into our playground area Mr Jones said that it was just the poles and the transformer to feed the playground The Chairman said that he was very disturbed at the attitude of Boston Edison, there is no master plan and for Boston Edison to take the position of this is it or nothing, I don't understand it 1 199 Mr. Jones said that there are only two towns in the area, Carlisle and Milton, who have adopted the underground policy; in 1971, they will all go underground Another thing, when you do go underground by this act, on underground they now assess 25% rather than 100% now existing and the DPU sets the rate The Chairman said that is town-wide, not a specific street. Mr Greeley said that we have to follow this policy, without an ordinance in the Town we wouldn't get it. Mr. Kenney said that he understood the other side would be ser- viced too. The Chairman said that was just an alternate. Mr Greeley said that if it were on.-the other side, they would cross over with the tension lines and they would be an eye-sore. There would be a system supplying lines to Tropeano' s building; you have tapped off these to service other buildings? Mr. Jones replied, yes Mr. Greeley said that asSuming you are asked to service the east side, you would jump over? Mr. Jones said that they usually run a service from the trans- former and it is picked up that way. Mr Greeley said that you are asking to have lines crossing Hart- well Avenue? Mr McSweeney said that there would be six poles on both sides of Hartwell Avenue. Mr. Jones said that because of the width of the street when we cross Hartwell Avenue to Town property to a pole on Campanelli prop- erty, we try to keep that pole on private property 20 feet back The Chairman asked if anyone was present in favor of the peti- tion. Attorney Alfred Tropeano said that the first he knew of the problem between the Town and Boston Edison was six weeks ago when he had received a call from the Campanelli Investment Trust I phoned you and was told the Town is looking for a master plan of the area I informed you that Campanelli had asked for power as they have a deadline to meet by October I , during construction period, they had to bring in generators to construct and now we find, at least it seems to me, a controversy of policy between the Board and Boston Edison I have had problems with Boston Edison but I feel cognizant of what do you say to a utility company? They are rigidly controlled and I can see their position I talked with members of the DPU be- cause it affects all the rest of the land in the area and petitions for abateMents of taxes in the area, if the Town had adopted the Chapter to completely go underground, either in part of whole, you could say to Edison that you have got to put this underground but the Town did not; it must come from this Board or the Planning Board. If they put six poles in now, Chandler gets juice by October I . If the Board recommends to Town Meeting to go underground, they can elimin- ate this and go underground and there is the question then of who pays for it. Instrumentation Lab would have to pick up their share 200 to go underground; where it stands now, they don't have to Instru- mentation Lab has one pole and they ran five or six lines to go in back to bring power in. If they are concerned about the area, they shouldn't have run lines on the street; they could have gone under- ground I am concerned because of the remainder of the land. We have had enough problems to sell because of high taxes in this Town, without forcing them to go into additional costs - without assess- ing someone $40,000 to go underground You can't dicker with util- ities because they can't dicker; as it stands now, the law does not permit it Attorney Tropeano was recorded in favor of the petition. The Chairman asked if anyone was in opposition? Mr. O'Sullivan of Instrumentation Laboratory said that Mr Tropeano referred to the figure of $40,000, to whom would this be assessed?. Mr. Jones said it would be assessed to Boston Edison and borne by Campanelli ; we would deduct the cost of what it would cost to service him overhead. Mr O'Sullivan said that Connecticut General Insurance Co. has expressed not to have poles in front of our building. We are in op- position The Chairman asked if Instrumentation Lab or Connecticut General would be willing to participate in a program to go underground. Mr. O' Sullivan said they might be; he couldn't say There has been some possibility of underground on both sides of the street. In order to maintain harmony in the presentable form, has Edison ex- plored the possibility of going behind? Mr. Jones said that it might be possible. After we get this to go behind, we don't know how far Campanelli expects to go and it de- pends on how he builds his development Mr. O'Sullivan said that we take a great deal of pride in our building and keep it looking well , we would have definite interest, provided the power went around the rear of our building, as it would keep it out of sight. We are in opposition. Mr. Palmieri of Instrumentation Lab said that we are in opposi- tion to these poles in our front yard, it comes to the edge of our lot line. Put any building on that lot and it will look out on five or six poles. Campanelli is going underground .once- they get off the poles. Instrumentation Laboratory was recorded in opposition. The Chairman declared the hearing closed. The petition would be taken under advisement Later on in the meeting, the Chairman said that he was not happy in accepting Edison' s position that it is either this way or nothing. They have had this request from Campanelli since May and have been playing games with it and didn't submit the petition; now they know Campanelli wants service Mr. Kenney asked if we had the right to go underground? Mr. Legro said that the statute has a particular reference to a town or city accepting as a whole; we also had the right under the other statute regarding all new subdivisions that the Town does have the right to require any of the new installations to go underground The Chairman said he jeopardize a reed we shouldn't Cam anelli 9P but he would not vote for Edison installing these six poles, but would vote for a temporary line to be put up with a conversion so that they could put the poles up and have them down in a year We said we approved the last petition based on a master plan being sub- mitted. He couldn't see us going town-wide based on that statute Mr Kenney said that they say the only way they can go under- ground is to impose a charge for this and it is hurting Campanelli , and Instrumentation Lab is getting off scot-free Mr. Mabee asked what is the status of the Town adopting legis- lation? The Chairman said that the Town is working on that If we were ---P to grant permission, on which side would you do it? Mr Mabee would be in favor of the northwesterly side. Mr Kenney agreed, by reason of eliminating two crossings. The Chairman said that Mr O'Connell and Mr McSweeney should get together and ask Edison on what basis would you grant a temporary service. Mr Kenney said it is not fair for Campanelli to bear the $40,000 Mr Mabee said he would like to hear from Mr. Legro whether we have sane real grounds to make them go underground. Mr. Greeley said that we have a committee and if we have specific legal grounds, we can delay until the report of the committee, because we are confronted with a change in policy and we have a basis if you want to use it. Mr. Mabee said that you don't know what Town Meeting is going to say Mr. McSweeney said that by temporary service, you are only calling it by name as they use the same poles Mr Bailey asked why Instrumentation Lab had not met with Cam- ' panelli? Mr. McSweeney said they have avoided a meeting. Mr. Bailey said that if we grant it, Instrumentation Lab should be told that if they want to come up with a workable plan in sharing the cost, they have to move quickly Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company for the following location of poles Hartwell Avenue, northwesterly side, northeasterly from a point approximately 1 ,005 feet northeast of Wood Street, - 6 poles, guy wire and anchor on 6th pole Mr Greeley was recorded in opposition. 204 Mr. Greeley said that he would like the record to show that he feels it is disgraceful for a public utility like Boston Edison to make no effort to cooperate with the Town or the owners in this situation The Chairman and Mr. Bailey endorsed this statement Hearing was declared open upon petition of the Boston Edison Company for the installation of six poles on the northeasterly side of 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 The Chairman said that this is the same area, only on the oppo- site side of the street. Mr. Pratt, representing the Boston Edison Eompany, said that it was submitted as an alternative Hartwell The Chairman asked if anyone present was in favor of the petition? Avenue Mr Tropeano said that if the other one is thrown out, I am in Poles favor of this Mr Tropeano was recorded in favor of the petition. Mr. Wilcox of Campanelli Investment Properties was in favor of the petition He said that we have been trying since May 9 to get service and we are under obligation to get service. This alternative is as much of a compromise as Edison could possibly make to beautify the area and the neighbors being subjected to poles in front of the build- ing, to go around back is unrealistic because of the easements re- quired and I don't think we could do it I think this is a good step to satisfy everybody We are in favor of this Mr Wilcox was recorded in favor of the petition Mr. O'Sullivan of Instrumentation Lab said that we appreciate the problem of Campanelli . We are less vigorously opposed to this than the prior one Mostly it puts the problem on the other side of the street. Mr Palmieri of Instrumentation Lab said that he would go along with that. Mr Bailey said that it would mean two crossings Mr Tropeano said he would want to go on record to support the Board for the Town to go underground For $40,000, let Instrumenta- tion Lab pick up $20,000 and Campanelli the rest The Chairman asked if anyone present was in opposition to the petition No one was recorded. The Chairman declared the hearing closed. Later on in the meeting, the Board discussed the petition Upon motion duly made and seconded, it was voted to deny the petition of the Boston Edison for the following location of poles Hartwell Avenue, southeasterly side, northeasterly from a point approximately 1 ,050 feet northeast of Wood Street, - 6 poles, guy wire and anchor on 6th pole 2103 Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain 25 feet of underground conduit and manhole on Massachusetts Avenue and Paul Revere Road Notices of the hearing were mailed to the petitioner and owners of property listed on the petitioner' s plan and also filed with the Mass Town Engineer. Avenue Mr McSweeney said this is an additional manhole to be put within Conduit 25 feet of the existing manhole. They are increasing the capacity in their manhole system and they don't have enough room in the existing manhole for the equipment they need. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following location Massachusetts Avenue at Paul Revere Road From MH 54/88, Westerly, approximately 25' feet of underground conduit, also, one ( I) manhole 54/88B. Mr. and Mrs. Gerard Legere, 16 Grapevine Avenue, met with the Board Mr Legere said that he had received a water bill in November, 1968, for $ 139.76 and had gone to see Mr Jefferson and requested that his meter be checked The meter was taken out and tested and Mr. Jefferson said that the test indicated the meter was functioning properly. He sent me to see Mr Cataldo, who said it was almost im- possible Mr. Legere said at that time my house was a year old, no lawn, no garden, no swimming pool . I have other bills, average bills, for a 6-month period, and they were for $33 00 for that period of time I can't see how I could use '$ 139 in water in 6 months when the aver- age bill was $33 for the same period The Chairman said that he had talked with Mr Jefferson and had Legere asked for a report from everyone concerned. The meter was checked Water and was only registering 99% of the water going through and the meter Bill was fine We have looked in every way to find some reason to grant Abatement an abatement and there is no justification in any respect from begin- ning to end I talked with you, Mr Gray talked with you and it was investigated several times. On March 5, 1969, Mr Burke told us that there was a new home under construction next to your home and your water was used during the construction, and you had a small pool and were using it in the summer months Our final decision on the evalua- tion of the inspection of the meter, if we found it was registering less than was going through, the Board finds it difficult to make an adjustment on the bill Mr. Legere said he had a plumber in and he said it was impossible, even with a leak, to use that amount of water I didn't put in a gar- den, no swimming pool , and the house next door had their own service If you stretch the imagination a bit, it could be possible for the meter to go haywire, that is 2-years' use according to my average use Mr Mabee asked him what he thought really happened? Mr Legere said the meter was at fault, the meter read incorrectly 204 Mr. Greeley asked if this was the first reading? Mr. Legere replied no, there was one before and after this. Mr Mabee asked if he thought the real reason was that the meter went haywire? Mr. Legere replied, yes. Mr. Mabee asked if the meter is now in good shape and reading properly? Mr Legere said he had a new meter. Mr. Kenney said that if it were read before and after, it couldn't be a case of being misread. Mr Legere said if you received a bill of the same nature, you wouldn't be all smiles. That is 2-years' use of water. The Chairman said that we still have to have some justifica- tion for an abatement. Mr. Legere said if he gets a bill he doesn't owe, he gets up- tight about it Mr. O'Connell asked him how the water was furnished to the house next door when it was under construction? Did they run a hose over? Mr. Legere said they did, for mixing plaster. Mr. O'Connell asked if he knew how long the hose ran? Mrs Legere replied, not very long Mr. O'Connell said that at 15-gallons a minute, which is the normal calibration point of the meter, if the line were left open it would take 900 gallons per hour or 21 ,600 gallons in a 24-hour period Mr Greeley said that in other words if they left the tap open for 2 weeks, it would use the water Mr. O'Connell agreed Mr. Kenney asked if they put in a lawn? Mr. Legere replied that we put it in later. The Chairman informed Mr. and Mrs. Legere that the Board will discuss the matter again. We looked in every way possible to give an abatement and could find no justification. Mr. and Mrs. Legere retired from the meeting Later on in the meeting, the Board agreed that the Chairman is to contact Mr Legere to try and resolve the situation. Mr O'Cpnnell informed the Board that Morris Motors had applied for a Class II license for used cars and the Board had asked him to talk with Mr Bloomberg He explained to me that the purpose was to Morris simply renew the Class II license, he had a license in 1968 which he Motors had allowed to lapse He has no intention of changing the current scope of his business He acquires cars out of his business - cars he works on; he occasionally buys a car and resells it to a dealer. He indicates he has no expansion plan and there is no significance to his application other than the one he is required to have. The law allows an individual to sell four cars a year without a license; in checking the books they have to keep on the sale of cars, I be- lieve the Registry may have raised the question. 205 Mr. Kenney asked when his Class II license had expired? The Chairman replied that it was in the early 1960' s. Mr Greeley asked if we could grant it without restrictions? The Chairman replied, no; either you grant it by the General Laws or not Mr Mabee asked if there were any other Class 11 granted in Town? The Chairman replied, no. Mr. Kenney said there has been some talk of encroachment on the land next to him Mr. Mabee moved that it be denied, Mr. Bailey seconded the motion. Mr Kenney asked, on what basis? Mr. Mabee said that he would be the only one in Town. Mr Bailey asked what appeal he has, if any? Mr. O'Connell said it was his impression that he sells 20 or 25 cars a year; 4 or 5 cars a month. He acquired them out of cars get- ting into an accident. The Registry says he can sell four cars a year and if he sells more, he runs a risk of the Registry coming in and checking the leg and asking how he can do this when he hasn't a license. Upon motion duly made and seconded, it was voted to deny the application of Morris Motors for a Class II license. Mr Kenney and Mr Greeley were recorded in opposition. The Chairman asked if Mr. Bloomberg buys a few cars? Mr O'Connell said he tells me he doesn't go out shopping for I cars; as a resale, he gets them out of accidents in which they have to be towed Mr. O'Connell said that on the zoning issue, after a partial trial , he withdrew his petition. Mr. O'Connell said that since he has been here, he had two written complaints from his customers from over-charging. Mr. Kenney said that it looked like he was going to extend his parking. Mr O'Connell said that he had told him he had no intention of expanding his business. Mr. Greeley said that if he used this license, he would be in violation of zoning. Mr O'Connell said that he parks his tow trucks in the public street The Board agreed to deny the application. Mr. Greeley said that it should be explained to him that he hasn't figured a way to use his property without abusing the property Upon motion duly made and seconded, it was unanimously voted to deny the application of Morris Motors for a Class 11 license. Mr. O'Connell said that he had furnished the Beard with copies of reports received on the White House Conference on Children and White House Youth. Conference The Chairman said they should be submitted in report form, ex- on Youth cept the citizens' request from the Massachusetts Parents Association for Responsible Education on sex education in the schools. 206 Mr Mabee said that we will tell them we will include it if they just put in the facts and keep out the opinions The rest of it was pretty factual . Mr O'Connell agreed to inform PARE Mass. Conf on The Board agreed that Mr. O'Connell is to recruit a represent- Children and ative of Lexington to attend the Massachusetts Conference on Child- Youth ren and Youth at Boston College on October 17 Mr. O'Connell reported to the Beard on vandalism He said that the problem seems to be growing and we are finding more vandal- ism at the center playground than ever before. The jungle jim has been practically destroyed even though it is made out of heavy pipe Vandalism and concrete blocks, they have broken the swings, and damaged the roof of the building that contains storage and supplies. Emery Park is the most insidious example of the most deliberate vandalism by young people, one of the stone posts was pulled out and there are chains broken between the stone posts, and very shortly we will have lost all the chains, some as a result of swinging There is a large, beautiful tree which in the summer is the tar- get of knife throwing contests and the bark of the tree is becoming diseased and the Tree Warden has to protect the tree. Mr. O'Connell was not prepared to make a recommendation this evening but if we Center don't come up with better answers, we are facing a choice of forbid,- Vandalism ding the use of the park in order to prevent the park from being progressively destroyed We can replace chains but how can we re- place a tree? We have the choice of supplying security in the park but doubt it would be effective if it is only within the park Mr. O'Connell said that he had given the Board a copy of the results of a meeting on Munroe Meadows-Green and White land. Representatives of the Planning Board, School Committee, Recreation Committee and the Conservation Commission were present and their Munroe views are expressed therein. Meadows Mr O'Connell asked the Board for its guidance relative to the further course of action - that an additional meeting be held with the owners to acquaint them with the Town' s plans on the school site and the Town' s needs and positions and interests of the other Town agencies and get the reaction to that. Next, to submit the owners' concept of a subdivision plan, based on how we would use the land beyond the proposed school site. The Chairman felt the next step should be a report, complete and put together Will the Board agree with the plan to have a meeting with the owners and encourage them to submit a concept plan? Mr O'Connell said that the report represents the concensus of all the agencies of the Town The Board agreed to a meeting with Green & White. { L 207 Mr O'Connell said that the Board had received a letter from Carl Beggs, owner of a self-service laundry at 172 Bedford Street, regard- ing his water bill We have found out that the water was consumed but due to the fact it was based on a single reading rather than two Beggs readings, and the post card reading never had been received, it ap- Water pears that if the bill had been read in two periods and he had been Abatement billed separately it would have been $492.00, he was billed for one year at $608.30 Mr. O'Connell recommended an adjustment of $ 116 30 Upon motion duly made and seconded, it was voted to grant a water abatement to Carl Beggs, 172 Bedford Street, in the amount of $116 30. Mr. O'Connell said that four bids had been received for the street, sidewalk and drain construction program; he recommended that the award be made to A.R. Belli , Inc at $ 126,978 95. Belli Upon motion duly made and seconded, it was voted to award the Contract contract for street, sidewalk and drain construction to A. R. Belli , Inc , in the amount of $ 126,978 95 The Board agreed that leaf pickup would be discussed next week Mr. O'Connell informed the Board that a letter has been re- ceived from Richard Eaton regarding a payroll deduction plan for United Fund contributions by Town employees. I have investigated this and the Comptroller sees no practical way he could do it with- United out a substantial increase in labor I call to the Board' s atten- tion that we have before us three collective bargaining organi- zations each of which would like to have dues check-off and I don't feel the Town should get into dues deduction Upon motion duly made and seconded, it was voted that the Board is not in favor of a payroll deduction for United Fund contributions by Town employees at this time. Mr. McSweeney informed the Board that a request has been re- ceived from Jenkins Realty, Inc , stating that lot 22 of their sub- division, on the corner of Massachusetts Avenue and Nickerson Road, is the only lot in the subdivision not connected to a sewer He Jenkins requests a connection, as it has come to his attention that the Sewer Town plans to extend the sewer line southeasterly on Massachusetts Connection Avenue towards Nickerson Read Mr. McSweeney said that this lot would be covered by the exten- sion of the sewer for the Community Nursery The Board instructed Mr McSweeney to inform Mr. Jenkins that by the design of the sewer as it is going to be constructed, we will be able to service his let. Mr. McSweeney informed the Board that a request has been re- Kelley ceived from Onys A. Kelley, Jr , 24 Turning Mill Road, for an abate- Sewer ment of his sewer betterment assessment of $834 32 This lot cannot Assessment be sewered at this time because in the final design it was determined Abatement 20S that in order to sewer this lot, the land between the street and the house would require a great amount of fill to obtain a minimum cover. Upon motion duly made and seconded, it was voted to grant the request of Onys A Kelley, Jr., 24 Turning Mill Road, for an abate- ment of his sewer betterment assessment in the amount of $834.32. Mr McSweeney informed the Board that he has received a request Rockville from Robert Bradley, 84 Bow Street, Arlington, regarding a sewer Avenue Sewer connection to property he owns on Rockville Avenue. He is remodel- Connection ing a house on a large piece of property and it is impossible to Request sewer it The only sewer available is on Moreland Avenue He is asking permission to connect into the sewer and has told me he can get easements through two properties, as shown on this plan After much discussion, the Board instructed Mr. McSweeney to discuss this further with Mr. Bradley and come back with a more positive layout and recommendation. Mr. McSweeney discussed the Green and White property on Plea- sant Street He said that Mr. Edwards had requested that we extend the sewer Mr. McSweeney showed a plan of the area to the Board Mr Edwards requested that the sewer come up Watertown Street tb his lot; the estimated cost is in the vicinity of $4500, with betterments of $780 The Board denied this request and suggested Edwards Sewer he find another way to sewer the lot He has found a way by coming Connection across two other lots from his own and into the sewer on Mason Street He hasn't filed any easements and we asked him to file them He was shocked at the fact he has to pay a sewer charge and betterments and I told him he no longer owned it, we own the sewer, and this was divided afterwards and was under a subdivision plan. He claims it was on an original subdivision plan. After discussion, it was agreed that Mr. McSweeney is to ant swer that ( I) there should be a definite water connection, we will not accept it into Mason Street and he has to pay betterment, (2) we don't know if we would let him connect into the sewer until we have the plan and proper easements to consider. Upon motion duly made and seconded, it was voted to grant permis- Permit sion to the Church of Our Redeemer to hold the annual paper drive on Sunday, October 18, 1970 from 1 00 p .m. to 6 00 p.m. The Chairman read a letter from Thomas Blidell regarding parking and traffic problems in the center The Board agreed that no answer is necessary as Mr. Blidell did not enclose his address. Kelley The Chairman said that Mr. and Mrs. John Kelley had written us Request for requesting the purchase of a section of lot 305, which abuts their Mass Ave property at 410 Massachusetts Avenue. We referred this to the Plan- Lot ning Board and have received a reply from them as follows 1 "Due to incorrect delineation on the assessor's map, it appears (and Mr. Kelley probably assumes) that the land marked 8799 square feet is a part of the tax title lot According to our earlier re- search and according to the assessor' s records, the land to the south and west of numbers 410-420 Massachusetts Avenue is owned by Mrs Foster. The Planning Board suggests that the Town investi- gate other means of helping the residents of this section of Massa- chusetts Avenue with the situation in which they find themselves as a result of buying houses without any parking space." The Chairman said that he would talk with Mr. Kelley and ex- plain the situation to him. The Chairman read a letter from Michael T. Vlahos, 55 Udine Street, Arlington regarding a complaint against a dog owned by Mrs Quincy of I Aerial Street, Lexington Quincy The Board agreed to refer the complaint to the Dog Officer with Dog the understanding that if he is unable to resolve the matter, to request Mr. Vlahos to register a formal complaint. The Chairman read a report from the Traffic Committee stating it had reviewed the petition of residents to make a portion of Theresa Avenue one-way and has made an on-site inspection of the conditions It is the unanimous opinion of the Committee that the considerations of traffic safety and convenience do not warrant mak- Theresa ing Theresa Avenue one-way between Cliffe and Fottler Avenues as the Avenue traffic there is purely local ; any vehicles diverted would only be Traffic increasing the traffic load of other streets in the area; the belief that making Theresa Avenue one-way will make it safer is not justi- fied as drivers are likely to exercise less care and go faster if they do not have to watch for oncoming traffic Mr Greeley recommended that a copy of the Traffic Committee's report be sent to the petitioners and the Board has accepted the Committee' s recommendation Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee not to make Theresa Avenue a one-way street, and to so inform the petitioners. 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. The Board discussed a letter received from John C. Przyjemski , 84 Cliffe Avenue, requesting a deferment of payment of sewer better- Przyjemski ment assessment of $853.24 He also understood that the street Sewer betterment assessment is estimated at $2038.80 and payment of the 210 total assessment of $2892.04 would present a great hardship at this time as his four sons were attending college. For this reason and because the lots inquestion are wooded and presentlyunused as no buildings exist on them, he respectfully requested a deferment until such time as the lots are actually utilized and are in fact provided with sewer service. Mr McSweeney recommended that a deferment be granted Upon motion duly made and seconded, it was voted to grant a deferment for three years to John C Przyjemski , 84 Cliffe Avenue, for sewer betterment assessment in the amount of $853.24 The Chairman said that a letter would be written to Mr Przyjemski informing him of this decision on the sewer betterment assessment and that he may write to the Board again when the street betterment is assessed. Mr. Cataldo retired from the meeting . Mr. Mabee was voted Acting Chairman and the Board discussed the Gold Star application for installation of a 2,000 gallon underground gasoline tank A group of residents in the area of 1265 Massachusetts Avenue were present at the meeting Mr O'Connell gave each member of the Board a report received from the Building Inspector giving the background history of the property at 1265 Massachusetts Avenue; the Board had requested this report as a result of the hearing on August 24, 1970. Gold Star Mr. Greeley asked that a copy of the report be given to the Nursery residents present and Mr O'Connell complied with the request. Mr Greeley said there has been evidence here or elsewhere to suggest, and he would doubt very seriously if there was, any whole- saling of sod, trees, shrubs, etc I don't recall specifically how much wholesaling was done by the New England Nursery but it seems to me that the Gold Star now is involved in an import, warehousing and wholesale operation; I would question as to the legal basis from the 1920' s, or only grant the permit subsequent to that I am opposed to that which seems to entrench them in an operation which I feel is in violation They are the ones that claim they want to operate from the gas station designed to service their tank or pump. They only control five acres and there is no claim they are using the grounds for production of plant materials and it would be for use of imported materials that are being stored. Mr. Kenney asked what the Breck Company did in the early 40' s. Mr. Greeley said that the Breck Company was certainly importing for retail ; they were importing large trees and shrubs on the prop- erty, I doubt if there were any seeds on the property, as seeds :were a wholesale item at that time; I think they must have had a whole- saling operation of other than materials grown on the premises. Mr O'Connell didn't think we had any information as to what is being grown but it is a little percentage of the output, the total volume is larger and substantially bigger. 211 Mr Bailey said for the Board to continue the action as we did the last time forces us into the position of proving them guilty until proven innocent. Also, the situation whereby continually rais- ing the questions of being guilty of violations, it would be possible to forestall this thing forever. We must decide whether there is a violation or not How can we go on unless we do get some resolution. Mr. Kenney said we are not the Board of Appeals, we must not get too far away from the judication. We are not the proper Board. Mr. O'Connell said that the question of legality pertains to zoning and the Building Inspector, and is now in the litigation pro- cess Mr. Greeley added, or possibly in the preparation stage Mr O'Connell said there are attorneys involved in both Mr. Greeley said whether we prejudice the case or not, we prej- udice the welfare of the petitioner If we let him put in a tank and he is asked by a court to stop, we have an argument there I agree it isn't up to the Board of Selectmen to determine whether the Zoning By-Laws are violated Mr. Kenney said if we thought it would be a quick court case . Mr Mabee said we have had cases of selling liquor to minors and the first thing we do is go to the Board that issues the license to the owner We use the granting of permits as a method of controlling a situation which might otherwise get out of hand It has been done by the Board before Mr. Greeley said from the point of view of the impact of the full thing, I don't see how, by any stretch of the imagination, that in itself it can damage the neighborhood; I don't think a 2,000 gal- lon tank can; if it is different, it is different because it would be filled less often On the other hand, an action that extends further any use that appears to be illegal , I think it is unwise to grant it; that further establishes the strengthening of that use If we take the attitude it is entirely at his risk and grant the permit; on the other hand, if you want, to get rid of it later pro- vided it was illegal Mr O'Connell asked is there a legal requirement on this? Mr. Mabee said this Board took a very strong stand to the Board of Appeals and they have the power to enforce their own regulations, and we said we didn't want extending of permits already in violation; I don't feel a 2,000 gallon tank makes a difference The legal matter to enforce it is outside our jurisdiction We took a stronger stand at other times and I don't see it as a key issue. Mr. Kenney felt it is actually safer to fill the tank less often Mr. Bailey said that we are forced to conclude, presuming they are innocent, to grant it, regardless of how I personally feel Mr. Greeley added that this in no way constitutes the validity of the activity that is being carried on Mr O'Connell said it could be granted only to be used by vehi- cles on the premises, denying all other vehicles. Mr Greeley didn't see how you could do that My neighbors said there was a large truck there; does the permit allow that truck to be serviced? - it is on the premises. 212 Mr. O'Connell said, no, only the vehicles associated with the business and the equipment that is legally and properly there. Mr Kenney added, could we say for private use only and not for re-sale? Mr Greeley replied, no; you have to allow for irrigation use. To confine it to vehicles and equipment garaged and used on the premises and used in the connection with operations legally con- ducted on the premises. Was there any implication by Gaklis that he wanted to use this for Seasons Four vehicles only, and supply- ing for only Gold Star and not Seasons Four? Mr O'Connell said he believed the applicant was the Gold Star Nursery Mr. Silverman, 18 Ingleside Road, asked if the permit could say, for vehicles and equipment confined to the premisesl Mr Greeley said, no, we couldn't accept that. Upon motion duly made and seconded, it was voted to grant the application of Gold Star Nursery for the installation of a 2,000 gallon underground storage gasoline tank subject to the restriction that the gasoline is to be used for vehicles and equipment garaged and used on the premises for legally conducted operations of Gold Star Nursery. Mr. Greeley abstained from voting. Upon motion duly made and seconded, it was voted to adjourn at 1145 p.m. A true record, Attest Executive Clerk, Selectmen 213 SELECTMEN'S MEETING September 21 , 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, September 21, 1970 at 7 30 p.m. Chairman Cataldo, Messrs. Kenney, Greeley and Bailey were present; Mr. Legro, Town Counsel , Mr O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk, were also present Mr Legro said that on July 27, 1970, the Board voted to sell tax title lot 96 Valleyfield Street to Anthony P. and Lillian J. Luongo, and in examining the record, I found that the notice of dis- posal for the Land Court case foreclosing.. . the right of redemption Luongo had not been recorded. Our treasurer gave me copies of four letters Deed dated February 25, 1946 by the Town Treasurer advising the Chairman of the Board of Selectmen, Town Accountant, Collector of Taxes and Chairman of the Board of Assessors that lot 96 had been foreclosed and was the property of the Town Today, I recorded it and now re- quest the Board to sign the deed to convey lot 96 Valleyfield Street to the Luongos. Upon motion duly made and seconded, it was voted to sign the deed conveying tax title lot 96 to Anthony P. and Lillian J Luongo. Mr. Legro said that as the Board recalls, Bolt Beranek and Newman is to provide a plan acceptable for the Land Court for the B.B & N acceptance of their parcel of land on 'Hayden Avenue They agreed Plan with me to do that but the compiled plan was not available and they Extension have requested an extension of the agreement to October 8, 1970 Upon motion duly made and seconded, it was voted to grant an extension to October 8, 1970 of the agreement with Bolt, Beranek and Newman, Inc. The Chairman asked Mr Legro about the Crawford land. Mr. Legro said that Mr. McSweeney has confirmed the accuracy of his plan of the area Mr. Christoforo asked for a copy of the plan Crawford but I don't intend to send him one. Land The Chairman asked if he had talked with Mr. Christoforo about price? Mr Legro replied that until the area was confirmed, I didn't Want to discuss it with him I may have the Order of Taking for next Monday evening. Mr. O'Connell said that he would like to advise the Board of a matter they should be aware of, but he knew of no action that can be Rock Salt taken by the Board We have received three bids on 2,200 tons of Bids rock salt, and all quotations are for $ 16 per ton, from International Salt Company, Chemical Corp. and Eastern Minerals - delivered, no pick-up. In the past, the bids were based on pick up at the plant 214 and on delivery but this year the bids were only on a delivered basis Just to find out if $ 16 was the going price, I checked with the state and the state had not let a salt bid for municipalities; to deliver, the state is getting a more favorable price of from $ 14.30 to $ 15 30, but this is for about $35,000 worth of salt Mr. O'Connell recommended that the award be divided between these three firms. The Chairman informed Mr. O'Connell that the Board would like him to look at the salting policy of the Town, to look into the problems of the Town, i e , where you put salt and to what degree. Salting Mr. Greeley said he would like to hear a more specific comment Policy on the review of the policy. Do you think it might come up with the need for more than 2,200 tons? The Chairman replied, no; I am saying maybe the policy should be to salt just the main roads I think we would use 2,200 tons regardless of where we put it Mr O'Connell said that the bid doesn't say we have to buy 2,200 tons. Mr O'Connell is to take care of the salting matter. Mr. O'Connell said that he would like to bring the Board up-to- date on the status of the requisition on the grant for federal reim- bursement on the Hayden Avenue land taking. The Conservation Commis- sion has gotten an agreement to the extension of the deadline to Hayden December I , 1970; I believe we do have time enough now to complete Avenue the transactions. Mr Greeley asked Mr Legro about the other Hayden Avenue land. Mr Legro replied that the only thing remaining is Bolt, Beranek and Newman plan, and Ropes and Gray have authorized Joyce to prepare a plan, what I want is a plan that is acceptable to the Land Court engineer, and the appropriation is not sufficient for the Crawford land. Valleyfield Realty Trust and Area Realty Trust were completed today The Board discussed the acquisition of the Soule, Frissore Drummer and Drummer Boy properties. The Board agreed that Mr O'Connell is Boy to do research on the three properties and make the necessary in- formation available to Mr Legro in order to consummate these trans- actions Mr. O'Connell informed the Board that Mr and Mrs Pallas, 19 Hayward Ave Hayward Avenue, contacted the Board in 1969 relative to the purchase Tax Title of two lots behind their property On July 7, 1969, the Board voted Lots - to advertise these two lots, lots 124 and 125 located to the north Pallis Tax from 19 Hayward Avenue, for sale and they were advertised in the Title Minute-man Mr. Pal lis made an offer of $1 ,000 for both lots The terms of sale were based upon the planning Board' s recommendation that there would be no building allowed and the land must be com- bined with the lot owned by Mr Pallas Apparently it was not 215 brought back to the Board as to whether the Board would accept the offer and it rested there until I received a letter from Attorney Russian asking if the matter could be expedited. There are no betterments and the two lots are quite small Upon motion duly made and seconded, it was voted to sell and convey to James A. Pallis, 19 Hayward Avenue, tax title lots 124- 125 located to the north from Hayward Avenue for $ 1 ,900; subject to the condition that these Jots be combined with the existing lot owned by Mr Pallis and oot to be used as a separate building lot. Mr O'Connell said that a letter has been received from John G Belcher, 97 Adams Street, requesting a deferment of his sewer better- ment assessment on lot 69/48, in the amount of $603.43 The Town Engineer recommends deferment as it is not feasible to sewer this lot Belcher by the gravity method. Deferment Upon motion duly made and seconded, it was voted to grant a 3-year deferment of the sewer betterment assessment on lot 69/48, owned by John G. Belcher, 97 Adams Street, in the amount of $603.43. Mr. O'Connell presented the Board an award received for the 1968 Town 1968 Town Report from the New England Municipal Report Competition Report The award was accepted by Mr Perry, Comptroller for the Town. Award Mr. O'Connell read a letter from the Conservation Commission requesting that an article be inserted in the special fall Town Meeting for $5,000 as their funds are depleted Mr. O'Connell didn't know of any land acquisition by the Conservation Commission Conserve- that would require and expenditure of $5,000 and he didn't feel he tion Comm could approve this Fund Re- The Chairman said that we could ask for a transfer from the quest emergency fund, if they need it It has been the policy to go to the Annual Town Meeting for this money Mr. O'Connell was instructed to inform the Conservation Com- mission that the Board would request a transfer if the Commission needs it. Mr DeBenedetto, President of Anick Enterprises Incorporated- Dunkin Donuts, 373 Waltham Street, met with the Board to request a Common Victualler' s license be issued to him The Chairman said that Mr. DeBenedetto has applied for the Dunkin license and in his application he applied for 24 hours As you Donuts know, we have received a petition bearing over 200 names recom- mending the hours be granted for 7 00 a.m to 10.00 p.m. When a representative of Dunkin Donuts came to the Town Hall and asked for a building permit, Mr O'Connell was instructed to ask Mr. Irwin to advise Dunkin Donuts that under no conditions would we allow 24-hours, but knowing that these were the conditions they could come to the Town Hall and apply and the hours would be restricted. They have been advised as such and they did not in- form Mr DeBenedetto Mr DeBenedetto is here to set the hours he 21.6 can live with At this point, the Board of Health has not approved this and I told him we could grant the license subject to the ap- proval of the Board of Health and he could open. Mr DeBenedetto said that his purpose here is to see if it is possible to grant my license before the Board of Health has approved it and we could be ready to open on Thursday I have people on the payroll now and would like to open As far as the 24-hour license, I spoke to Mr. Cataldo and was a little disturbed to find out we have a problem. I know of no problem that could come up and last week I said hello to as many people as possible, including abutters. I in- tend to operate the shop myself, with my wife, son-in- law and daugh- ter I hope to be able to operate efficiently and based on polls and figures for a minimum of 19 hours; less than that, you are in trouble as the first two or three years, 95% goes out the window The Chairman said that as I told you, we sympathize with you; it is a lifetime investment but on the other hand you must see our position If we didn't inform Dunkin Donuts of the Town' s policy, especially in this matter here, I could understand some of the thinking; as your builder, Mr Matheson, told you, it took him three months to get a building permit. If this were on Route 128, it would be another situation. The Town is very fussy and very zealous in its thinking Mr. DeBenedetto said, if we could work from 6 a.m to midnight Mr Greeley asked who would come to the shop between 6 and 7 a.m ? Mr. DeBenedetto said that there are people going to work; 6 or 6 30 is when the traffic starts Mr Kenney asked about Dunkin Donuts in Waltham Mr. DeBenedetto said that they are open for 24-hours; they are my nearest competitor The Chairman asked if he considered Bellino's a competitor? He is open from 7 00 a.m to 6:00 p.m. We have not gone beyond II 00 p.m. Mr. DeBenedetto was not familiar with Bellino' s He asked what would be the objection to 12M? The Chairman said, as I see it, if you were in a general busi- ness district, we would have no objection to 12M, but where you directly abut or come within 5 feet of two homes, these people are due some consideration. If you start at 6 00 a.m., you would open up for baking at 4 00 a.m and it is not the type of conditions we would like to create, especially that close. We had the same prob- lem across the street at the Bakerii . You say you are in the middle; we all took the time to tell them and you must recognize our position to our people Mr DeBenedetto asked the Board to give him a fighting chance; we are going from 24-hours and would like 19 hours. The Chairman said that he was not going from 24-hours to 19- hours as we didn't start from there; you could say to go the route and we could say if you are running a good operation, we could ex- tend the hours. 217 Mr. Greeley asked what is the duration for this kind of permit? The Chairman replied, one year. Mr. O'Connell asked Mr DeBenedetto if his franchise pertained to operating hours? Mr. DeBenedetto said that they say 24-hours, minimum of 19- hours. Mr. O'Connell asked how can they include that in the franchise when they don't have the right. Mr. Dan Silverman of Dunkin Donuts was present and said that we don't specify hours. I knew of some problems in that it took three months for the building permit. Our business hours are from 6 00 to 10.00 a.m. and 7 00 p.m. to I2M. Applying for a 24-hour license is a mistake because we knew we couldn't get it I told Mr DeBenedetto to apply as we do; we apply for 24-hours unless the Town Manager says, "no " Mr DeBenedetto said, let' s go for midnight, maybe 1 will close at 10.00 but if I don't have the opportunity to find out . . The Chairman said that the Board will discuss the application and he will be informed of the decision. Later on in the meeting, the Board agreed to grant the license with the hours of 6 00 a.m. to 11 00 p .m Upon motion duly made and seconded, it was voted to grant a Common Victualler' s License to Anick Enterprises Incorporated-Dunkin Donuts, 373 Waltham Street, for the hours of 6 00 a.m to II 00 p.m., with the clear understanding that if there are problems, the Board will reduce the hours. The Board discussed the memo from Mr. O'Connell recommending an organization plan for Lexington' s 1975 celebration The Chairman said that the Board feels Mr O'Connell has a good structure and if it is to be implemented, the Chairman of this com- mittee has to be a dynamic man and a leader. Mr. O'Connell' s out- 1975 lined program is a good approach Celebra- Mr. Kenney said that this would be entirely separate from Town tions celebrations. Mr. O'Connell agreed; we have to keep in mind between now and 1975, we have four celebrations for April 19th. Mr. Bailey recommended that Mr O'Connell work on the first step, as he had submitted it, to develop and submit to the Board of Selectmen an overall concept of what Lexington' s program would con- sist of, its theme, major events, overall time schedule, financing methods, preliminary budget and other general policies. Also recom- mend a Chairman and Vice Chairman The Board agreed and requested Mr O'Connell to implement the first step Mr O'Connell said that the Board had requested him at the last meeting to arrange for suitable representation at the Massachusetts Mass Conf. Conference on Children and Youth to be held at Boston College on Children October 17 He had called Dr. Fobert and his recommendation is Dr and Youth Jack Monderer of the School Department as he feels he would be an appropriate representative of the Town. 21S Upon motion duly made and seconded, it was voted to appoint Dr Jack Monderer to represent Lexington at the Massachusetts Conference on Children and Youth to be held at Boston College on October 17 Snowplowing The Board agreed to discuss the rates for snowplowing at Rates the next meeting on September 28, 1970 Mr O'Connell discussed leaf pickup He said that there is a policy question whether the Board will invoke a regulation ban- ning leaf burning and, if it chooses to do so, will the Town offer any form of leaf pickup service to assist the citizens He; under- stood from the state there is no legal obligation to impose the ban until July, 1971 , but we should get the citizens acclimated as to what is to come. Mr. Kenney said that we haven't applied for exemption Mr O'Connell said that subject to what Mr Legro has said we are exempted automatically Mr Kenney asked if he had thought about an appropriation in March? Mr O'Connell said that anything we do this fall would have to be on an improved basis. Mr Kenney thought there were some people in Town here who would expect that we go along with the start of this. Mr Greeley said we have three alternatives I) the status quo of this year; 2) another bone fide permit from the Fire De- partment, 3) to prohibit burning you have to provide a pick up Leaf of leaves. I don't see how you can go into the next two months i Pickup without people burning their leaves and I don't think a private contractor could handle this; I don't think this is a reasonable thing to put on them. Mr Bailey said that if we are going to accept the final alternative, we would have to ask for a transfer Mr O'Connell agreed; if we attempt to do something this fall , the cheapest way would be to use Town labor and would have to substitute that for their labor and rent a piece of equipment, except for the packer and he supply the labor We would have to ask for an appropraition The Chairman said that unless we get a 60-yard packer like Arlington did, we would spend time going back and forth If we do it, to hire a dump trailer and use our forces for the two pickups, if we go back and forth with our trucks, we wouldn't get the job done I don't know if we could rent a 60-yard one; this is only used on a transfer station Mr. Bailey asked what Miller' s quote was? Mr O'Connell said it was $2600 for a pair of them for a col- lection Mr. Kenney asked if he had estimated, with two packer units, how many working days it would be to sweep the Town? 219 Mr O'Connell replied that we estimated it would take 25 crew days; in other words, 50 crew days to do two sweeps. The Chairman said it would take three weeks with two packers to cover the Town once. The Town has to be covered in one week Mr O'Connell said that we need one of the large volume con- tainers so we won't have to make too many trips to the dump The Chairman said that Def lice has one which is 28 feet long and it would take one-half a day to fill it. Mr. O'Connell said if we could get something like that, we Could beat this figure of $ 1300 The Chairman said he would be in favor of buying one for the Town; we have the tractor sitting there doing nothing. We could probably pick up a good dump trailer Mr. O'Connell said if we rent one locally, we wouldn't be in too bad shape The Chairman said that Def lice would rent it Mr Greeley asked if we used Def lice' s could we collect in the Town in a week? If not, we would have too many headaches. Mr. Greeley asked what is the regulation now? The Chairman said that people have to get a permit as the regu- lation now stands. Mr O'Connell said that he would look into something other than the contract He would come to the Board at the next meeting with a specific plan The Chairman read a letter from the Massachusetts Selectmen' s Association notifying us that the 1969 Town Report had won first Town prize in the Class 1 category The awards will be made at the Report meeting held on Saturday, October 3, 1970 at the Marriott Hotel Mr. Zehner will be present to accept the award for the Town The Board discussed Article 21 of the State-wide Town Meeting Warrant, submitted by the South Hadley Selectmen To see if the Association will sponsor legislation to exclude "municipal employ- State-wide ees." be they hired, appointed or elected from holding the office Warrant of "Town Meeting Member" or in the alternative to require mandatory abstention from voting on articles where the "employee" would stand to profit in terms of wages, salaries or other fringe benefits con- nected with his employment. Upon motion duly made and seconded, it was voted to support the intent of Article 21 of the State-wide Town Meeting Warrant The Chairman, read a letter from the Chairman of the Permanent Building Committee on the proposed new Junior High off Marrett Road. The Chairman said that, basically, his position is, they are New Junior against the recommendation of the Traffic Committee for an alterna- High Access tive access to the school site from Waltham Street Mr. O'Connell said that the recommendation of the Architect was that both Brookside and the proposed new access road be included in the plan There was no inclination to give up Brookside Avenue. 220 The Chairman said that they ask us to consider widening Brook- side Avenue where it touches the school site in order to soften the curve in the access which will exist without this widening They said they will deliver the plans to us showing this proposal . As soon as the plan is submitted, we will discuss it and see whether it is going to be inserted in the Warrant The Chairman read a letter from the Planning Board replying to a request from Dr. Provost of 229 Worthen Road to purchase the tri- Provost angular parcel of land separated from the remainder of Bowman School Request by Worthen Road The Planning Board recommends that the land not be sold at this time in order not to foreclose the possibility for a future laying out or realignment of streets or lands in this area. However, they recommend that the Provosts be permitted to use this land under whatever nominal lease arrangement may be legally possi- ble until such time as the Town' s interests and needs can be deter- mined Mr Greeley suggested a lease of $ 1 a year. The Chairman disagreed Mr Greeley said he would rather have an informal agreement with him if he wants to beautify it. Upon motion duly made and seconded, it was voted to notify Dr. Provost that the Board of Selectmen and the Planning Board concur that in the best interests of the Town this lot should not be sold, and that the Town retain ownership of this parcel until the area is more fully planned Ambulance Upon motion duly made and seconded, it was voted to sign the Abatement ambulance abatement for Florence Sanford, 132 Grant Street, in the amount of $ 10; Mrs. Sanford is receiving Veterans' Benefits Upon motion duly made and seconded, it was voted to sign water abatements for the following Water Coin Laundries, Inc $ 116.30 Abatements James E Day 8.75 Dr. M F Amaral 156 45 Upon motion duly made and seconded, it was voted to accept the Ambulance recommendation of the Tax Collector and sign the abatements of un- collectable ambulance bills, in the amount of $ 150 The Chairman read a letter from the Youth Center Committee re- Youth Center questing a representative of the Board be present at a meeting in the Committee Science Lecture Hall on September 24 at 8 00 p.m. Mr. Greeley said that we can write and say if it is possible, one of the Board will be present I shall attend if 1 can make it Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on August 24, 1970 221 Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on Massachusetts Avenue, from Sewer 2325 Massachusetts Avenue, a distance of 226 feet, more or less, to Order 2377 Massachusetts Avenue The Chairman read a letter from the Chairman of the School Com- mittee and Permanent Building Committee notifying us that a meeting has been scheduled on the proposed Junior High for September 28, at 7 00 p.m. and requests that a representative be present. It was agreed that a member of the Board will attend the meeting The Chairman informed the Board that a letter has been received from Attorney Henry Wise requesting recognition by the Town of the Lexington Lexington Police Betterment Association as the exclusive collective Police bargaining agent for the members of the Lexington Police Department Betterment Mr Legro said that they have complied with their part of the Association agreement to renew the request, and he has received for his assent and filing at the appropriate time a request that the petition for certification be withdrawn and dismissed without prejudice. He feels it is now proper for the Selectmen to so recognize the Association and submitted, for consideration, a form of letter for that purpose, to be sent to Mr McSherry, Secretary of the Lexington Police Better- ment Association Upon motion duly made and seconded, it was voted to recognize the Lexington Police Betterment Association as exclusive bargaining agent for the members of the Lexington Police Department in the rank of patrolman and sergeant (full-time) in matters affecting wages, hours of work and other conditions of employment By agreement of the parties, an instrument will now be filed with the Labor Relations Commission to withdraw the petition for certification and consent to its dismissal without prejudice The Board discussed the request of Thomas Taylor, 64 Marrett Road, to purchase the parcel of land on Follen Road abutting his property Taylor The Chairman said that this is not tax title land and would have Town to go to Town Meeting The question is, does the Board insert the Owned Article or is it to be a Citizen' s Article? Land The Board agreed to write to Mr Taylor and inform him that the authority of the Town Meeting, stating the minimum price, would be required, and to ask if it is his intention to take this to Town Meet- ing as a Citizen' s Article or is he requesting the Board to insert it in the Warrant as a Selectmen' s Article The Chairman read a letter from Howard V Doyle, President of Massachusetts State Council - AFSCME-AFL-CIO, notifying the Board Public that William J Powers is authorized to sign the collective bargain- Works ing agreement in behalf of the American Federation of State, County Union and Municipal Employees, Massachusetts State Council and its affili- ate, Local 1703 222 Mr. Legro said this is not what we asked for, our dealing is with Local 1703 but if they want to have the Massachusetts State Council sign the agreement, I see no harm in it, but the authority ought to come from them The Board agreed that Mr. O'Connell is to set up a meeting with the Union to meet with the Board on September 28 at 7 30 P.M. The Board discussed the Traffic Committee report on School Zones, which states that this information may be of use in considering im- provements for which state aid is available. The recommendations are as follows a Raise one existing sign west of the Adams School Traffic b Add one sign on Grove Street for the Estabrook School Committee c Replace a missing sign on Lowell Street north of the Harrin- School Zones ton School The Chairman said that additional signs are needed on Massachu- setts Avenue for the Muzzey and Munroe Schools, both ways. The Board agreed to write to the Traffic Committee and ask them to look into putting additional signs on Massachusetts Avenue at Muzzey Junior High and Munroe School , and to inform the Committee that the Board feels the suggested improvements, together with these additional signs, should be implemented. The Board discussed the report from the Traffic Safety Commit- tee regarding the petition received from residents of Lincoln Street. The report states I The Town cannot impose arbitrary speed limits. 2 The State DPW generally does not permit the exclusion of trucks from public streets Traffic 3. The old disposal area is not being used for recreation at Committee this time As the future development and use of this land Lincoln may warrant, suitable signs will be recommended by this Street committee to the Selectmen. 4. According to the latest data available, Lincoln Street and Worthen Road do not meet the State warrants for a pedestrian light 5 The Traffic Committee will investigate whether the conditions at Middleby Road junction meet state requirements for the erection of a stop sign and make appropriate recommendations to the Selectmen in the near future 6. As a part of an overall traffic safety campaign, we submit for consideration by the Board the erection in the Five Forks area of a non-standard and non-state regulated sign alerting the incoming motorists in a language similar to the following "You are now entering a residential area of Lexington. Please drive carefully and watch for children, particularly In the vicinity of schools and playgrounds." If this innovation is effective and the reaction is favorable, similar signs could be erected at other principal entrances into Lexington. cc��c� r� 223 The section of Lincoln Street between Marrett and Worthen Roads has been designed as eligible for traffic improvements under the federal TOPICS program The Board discussed the proposal for a recommended sign and it was agreed that the Traffic Committee will come back to the Board with a recommended sign and it could be put up on a trial basis, and we could inform the Board of Appeals. The Board agreed to write to the petitioners on Lincoln Street and send a copy of the Traffic Committee' s report and inform them that although we are in sympathy with their goals, we cannot implement some of the recommendations made in the petition; because of future develop- ment being planned for the Lincoln Street area, it will be kept in constant study. The Chairman read a report from the Traffic Committee regarding Dr Babior' s request for an MBTA bus stop on the Route 2 ramp in the lane for traffic left turn onto Watertown Street going south at the stop sign. The Traffic Committee feels that while this location leaves something to be desired from the viewpoint of traffic safety, it is not unduly hazardous or obstructive under the existing traffic MBTA conditions and is acceptable to the Traffic Committee However, Bus Stop should traffic volumes or other conditIons change significantly, the position of the Traffic Committee would have to be reviewed in the light of such changes The Board agreed to inform Dr Babior, 24 Mason Street, that we concur with the Traffic Committee' s recommendation and request Lincoln P. Cole, Jr , Lexington's representative to the Advisory Board of the MBTA, to convey the Board' s feelings to the proper officials at the MBTA. Mr McSweeney requested the Board to designate a ttreet for Chapter 90 funds; he recommended the designation of East Street, with Spring Chapter Street as the alternate 90 Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer and inform the State DPW that East Street has been designated, with Spring Street as the alternate, for Chapter 90 funds. Upon motion duly made and seconded, it was voted to inform the State DPW that the Town of Lexington will participate in the Chapter 90 Maintenance Program. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which if made public, might adversely affect the public security, Exec. the financial interests of the Town or the reputation of a person. Session After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. 950Upp.m. motion duly made and seconded, it was voted to adjourn at on A true record, Attest , Executive Clerk, Selectmen 224 SELECTMEN'S MEETING September 28, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, September 28, 1970, at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Greeley and Bailey were present; Mr. Legro, Town Counsel ; Mr O'Connell, Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works, Mrs McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, two jurors were drawn as follows Jurors Charles R LaMantia 3 Goodwin Road Lawrence K. Redgate 30 Revere Street Mr O'Connell read a letter from the Planning Board to the Board requesting authorization of payment of $3,000 to Justin Gray Asso- ciates for the Meagherville Study; this amount has been contributed by Meagherville the State Department of Community Affairs and is in a special account Study and may be expended only with the approval of the Board,. The bill submitted was for $4,000 68 and the remaining $ 1 ,000 68 will be pro- cessed out of Article 98- 1970 Annual Town Meeting appropriation. Upon motion duly made and seconded, it was voted to grant the request of the Planning Board to authorize payment of $3,000 from the special account to Justin Gray Associates for the Meagherville Study Mr. O'Connell reported to the Board that he has investigated two written complaints concerning dogs. Mr Vlahos of Arlington Dog had written about the Quincy dog on Aerial Street, this matter has Complaint been settled amicably and he had asked Mr. Vlahos to write a letter to this effect. A written complaint had also been received from Mr Hanson of Massachusetts Avenue regarding another dog in the neighborhood; the Dog Officer had been asked to investigate this and, according to his report, this is just an average dog with normal reactions. Mr. O'Connell discussed leaf pickup. He had been able to get a proposal from Def lice to rent his large body tractor trailer and, Leaf also, one from Dexter, these were offered to the Town at $18 an hour Pickup with a driver He has been exploring ways of getting labor for leaf bag pickup and exploring the use of temporary labor in order not to interfere with DPW labor and he had found it at the high school . There would be no problem in getting 10 to 12 seniors, we estimate 5 or 6 in a crew would be ample and they would be available starting at 100 p.m If we ran the project from 100 to 6 00 p.m., we esti- mate two crews could cover the Town in a Period of 7 to 10 working 22el 1, days, the equipment and labor, assuming there would be one DPW fore- man, would cost $3500 to $4,000 per sweep. If we use DPW crews as an alternate, it would cost $4,000 to $4,500 but it would delay some of the work of the Public Works Department If we use DPW crews, we would have to ask the Appropriation ro riation Committee for less money as we would only be asking for truck rental costs of about $2,000. Either could be made to work If we use DPW crews for 8 hours a day, we could cover the Town jn a week Mr. Kenney asked if he had talked with the Appropriation Committee about this? Mr. O'Connell said that he had alerted them but hadn't quoted anything Mr. Kenney asked about the bags? Mr. O'Connell said that it would take about 100,000 bags of the disintegrating type and we would offer them at cost We are con- tacting the Chamber of Commerce to see if the retail merchants would take it upon themselves to sell them and there would be a place to pick them up. The Chairman said that the first decision to be made, is are we going to ban burning Mr Greeley didn't think we should ban burning and then have the Appropriation Committee turn down our request for a transfer The Chairman said that once we ban burning, we go to them and tell them we need a transfer To what extent do you want to ban burn- ing? The State Board of Health recommended we ban burning. If this is just for leaf pickup, to what point are we going to ban burning? Mr Kenney replied that at this point, it would be the banning of burning leaves The Chairman asked if he would stop the permit for other kinds of burning? Either we do something constructive and do the whole bit, if we are going to do it, if it is just for leaf burning, he was against it. Mr O'Connell said that the Board might wish to consider that all we are trying to do is eet a date in the fall of 1970, which otherwise would take effect in July, 1971; this would spell it out; this is the complete open burning ban, with the exceptions as de- fined in the regulations. Mr. Greeley moved that we make the State regulations regarding outside fires effective in Lexington as soon as leaf pickup can be effectuated and announced The Chairman asked what is the recommended period you are talk- ing about? Mr. O'Connell said that we were hoping to start the last week in October and perhaps do it a month later for the final one. He felt we need three weeks in order to get advance publicity We need a vote at least to indicate a restriction and a vote for the type of pickup and it would not be finalized until it advanced. Mr. Greeley suggested October 16 as the effective date of the ban G.2 b Mr O'Connell said that there were a number of exceptions on the State regulations. He would bring back to the Board next week a specific regulation with regulation 725 altered to fit in. The Board agreed to go forward on this basis and Mr O'Connell is to present the regulations to the Board at the next meeting Mr. O'Connell informed the Board that the Conservation Commis- sion had called to his attention a report that someone had bulldozed Utica St a road in Town property off Utica Street, the former Steeves prop- Land erty We went there and investigated and found that someone had slashed a construction-type road into the property and had dug a sizeable pit to take out gravel and had filled the pit with debris - from the road. We are now investigating to see who had done this and when we find out, we will tell Town Counsel . We are trying to find out the rest of the facts Mr. O'Connell informed the Board that he had received a letter White House from Mrs. Saltonstall , Project Director-White House Conference on Conference Children and Youth, thanking us for the reports which we submitted on Children on the youth programs and needs in the Town Her letter states that these reports contain precisely the kind of information the Massachusetts Committee on Children and Youth is looking for in our effort to establish priorities for action on behalf of children and young people throughout the Commonwealth in the decade ahead. The Chairman read a petition from residents of Grant Street to keep the silver maple tree at 115 Grant Street when the new side- walk is constructed. Mr McSweeney said that a tree hearing was held on September 22 Grant St at 115 Grant Street and a group of citizens voiced their disapproval Tree of the removal of a tree at that address. Two alternatives have since'been proposed 1 Placing the sidewalk on the layout side of the tree, this would demand the taking of approximately 75 sq. ft. of property from number 115 Grant Street, also required would be a slope easement of approximately 440 sq. ft from said lot. 2. Place the sidewalk on the travelled way side of the tree. In order to place the five-foot sidewalk on this side, 1 .5 feet of the travelled way would have to be removed for ap- proximately 90 feet in front of 115 Grant Street; also, since the back edge of berm and front edge of sidewalk would coincide, in the interest of safety it would be ad- visable to replace the berm with approximately 90 feet of granite curb The Chairman asked if the people at 115 Grant Street would be willing to grant the easement? 227 Mr., McSweeney replied, no. The Chairman said that they want the tree to stay but they don't want to grant an easement. Mr. McSweeney said that we proposed the second alternative and we recommend that we install 90 feet of granite curbing. Mr. Greeley asked Mr. Legro what are the pro' s and con' s of a temporary easement, for 10 or 15 years, as opposed to a permanent easement? Mr Legro replied that it was unsatisfactory; what do you do at the end of 15 years? Mr. Greeley said that you re-build the sidewalk The Chairman said that if we take this approach, if the tree died, we could just move the sidewalk back Mr. Greeley felt that kind of easement would cause less damage to the owner. Mr. L$gro couldn't see any difference in the value. I can see your question on whether you could properly lay out a way with an easement for a period of years; I suppose there is a possibility of laying out for a period of time but I don't think there is any wis- dom in it The Chairman said that the Citizens for Conservation have written us a letter to retain the tree. There are many people here tonight who are interested in this tree. The legal date for the hearing would have been set tonight if the Board didn't see fit to act now. He said that he assumed the Board will vote tonight to save the tree and, knowing that, he asked the citizens present if they were agreeable to the Board not voting tonight to the legal hearing? The( citizens agreed. Mr Greeley said that Mr. McSweeney had said he understood the owners would not give an easement; he would like to hear from the owner Mr. Walsh of 115 Grant Street was present and said that he had spoken to Mr. McSweeney and had indicated we were willing to discuss the possibility of an easement but after the hearing last week we were told thatand the hearing was on the tree and not the easement this should be taken up privately Mrs Walsh and I have talked about the possibility of the easement and we are not opposed to it, we are not agreeing to it, as we would have to know exactly what amount of land is involved and what arrangements would be made to relocate the hedges. Mr. Bailey moved that the Board approve the layout, which is a sidewalk going inside the tree, subject to negotiation of suitable easements If this is not possible, the Town Engineer is author- ized to go to the second alternate The Chairman said that they must keep in mind we couldn't build the sidewalk this year as we have to go to Town Meeting to lay it out Mr. Greeley asked if we have enough money for the curbing? Mr McSweeney replied that there is enough money available. Mr. Bailey withdrew his motion and moved that we install the sidewalk outside of the tree ith Upon motion duly made and seconded, it was voted to approve plan No I , to place the sidewalk on the layout side of the tree, for the construction of the sidewalk on Grant Street, and the silver maple tree will definitely be saved. Mrs. Natalie Riff in was present and said that anybody who stands near the tree will see that the sidewalk going behind it is the safer way for children or anybody walking on it, by going behind the tree rather than one and one-half feet in the road. 1 was delighted with the motion to save the tree but please don't close off your decision on the location of the sidewalk. The Chairman said that he was afraid that it did, there is no question there is going to be a definite grade separation as the side- walk is raised and there is a grass strip separated by a granite curb- ing. We don't want it to be like Adams Street, taking into consider- ation snowplowing Mr. Walsh said that the principal reason for us deciding in favor or consideration of an easement was the safety feature; there is a curve there and the possibility of children riding on the sidewalk and the bike going over the edge of the curve and they might fall into the street I have a child and I discussed this with the lady across the street who has a small boy and this was my principal reason, as a safety feature The Citizens retired from the meeting. Mr. Zehner and the Appropriation Committee met with the Board. Mr Zehner said that the purpose of our meeting is to discuss long term financing for the Town Office Building He would like to avoid exceeding the present level of debt servicing that now exists Treasurer and would like to liquidate the debt as soon as possible and avoid Appropriation doubling up on the amortization which would be associated with the Committee Town Junior High Office Financ- It would be better to finance it this fall , rather than in the ing spring Taking it for granted we do not want to exceed 10 years, these figures were expressed as desirable by all people in the bank- ing business Option A $790,000 @ 5 5% for 10 years; at a cost per 10-year interest rate of $302,775 Option B $275,000 @ 4 75% for 5 years at an interest rate of $39, 187 (for remodeling) $515,000 @ 5 50% for 10 years at an interest rate of $ 160,000 (new construction) , total interest rate of $ 199, 187 Option C $790,000 @ 4.75% for 5 years at an interest rate of $ 111 ,862 Mr. Zehner recommended Option C for 5 years as it affords us the opportunity of saving $ 190,000 on interest 229 Mr. Zehner said that he had looked into debt services; by that he meant the cost of principal and interest less State aid we get from the school building program. If Town Meeting approves approxi- mately $4 M. for the Junior High, we would start construction in 1971 We would borrow $2 M in bites of $300 T , $400 T or $500 T. until we had accumulated indebtedness of $2 M (he understood that legislation might be amended) and if we borrow that money in 1971 , we could carry it short term and finance it on long term and the in- terest would not be due until 1973; then we could borrow short term again Our first amortization payments on the second one would come due in 1974. The Chairman said that this would ease the impact on the financ- ing of the Junior High Mr. Greeley asked what would be the period of financing of the Junior Hight Mr. Zehner said that hasn't been discussed, but he had talked with Merchants National Bank; on a $4 M. bond issue, there would be 43% given by the state reducing it to $2,400,000 that we would be responsible for, if this were financed over a 10-year period, we could now get 4 75%, what it might be in 1972 is anybody' s guess. If we take it for 15 years, (the I5-year bond issue is less accept- able in investment circles) we would have to have a higher rate and would be in debt for 15 years rather than 10 years It would be $600,000 for 15 years. The Chairman asked if the Appropriation Committee has discussed this? Mr. Furash said that just now he felt we must look at our re- sponsibility; people are getting used to a certain level of spending and when they are used to the level of the tax rate, they tend to spend at that rate If we maintain the million dollars in debt ser- vice built in, he would rather have it continue rather than have the feeling of other things to be spent and take up the slack. He thought it was a good plan from that point of view The Chairman asked if the committee had a preference of 10 years over 5 years? Mr. Furash said that the time period is a matter of fitting it in the debt structure; is there a chance of having it this fall? Mr. Zehner said that the bonds would be dated November 15th. The Chairman addressed Mr Zehner and said that we spend $ 15 M a year with our total budget and all expenditures, and we have an oppor- tunity to make some money; we should work toward the 5-year program This program saves us over $ 190,000, by accelerating the payments to 5 years; the payments are only $25,000 more per year. Mr. Zehner said that if we are still looking appeal a eal to Moody for a different rating, it would make sense and would help our case in asking for a different re-classification Mr. Perry said that when you float a new bond issue it helps. The Chairman said that we take the approach of really selling ourselves outside of a bond issue 230 Mr Livingston asked if you sell a bond for 50 and in two years the interest rate drops drastically, is it possible to call a bond? Mr Zehner understood that the law forbids it Mr Furash said that with the school coming in 1972 or 1973, that wi11 have a jolt. When the Library comes in, would we then be going on short term? Mr Zehner said that we have a year or two when the decks would be cleared for action The Chairman said that we should be pretty constant until this is wiped out You are probably talking a total of $8 M for the two projects beyond this program. Mr Zehner said that this adds up to clearing the decks, what- ever the cost. The Chairman said he would like to see a bond, the total pack- age, for five years. Mr Kenney agreed Mr Greeley asked Mr Zehner if he had talked this over with the long range capital expenditures committee Mr Zehner replied that he will check with them and ask them to meet with the Appropriation Committee Mr Zehner asked if the 5-year period is acceptable to the Board and to start negotiations on this basis? The Board agreed that Mr. Zehner is to go forward and start nego- tiations with the Merchants National Bank Mr. Zehner said that until a year ago, the rating company had been giving their ratings without cost to municipalities but applying this year to Moody's Investment Service, the fee for our town would be $600; for us to decline to have the Moody rating, the issue would be at the expense of marketabi lity and he recommended paying the $600. He requested a transfer as he did not have enough money avail- able Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer of $600 to the Treasurer' s Account No 2525 Upon motion duly made and seconded, it was voted to go into Transfer 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 reputa- tion 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. Snow- The Board agreed to discuss the snowplowing rates at the next Plowing meeting on October 5, .1970 Crawford Mr Legro requested the Board to sign the Order of Taking of the 0. of T Crawford land, with an award of $ 10,000 231 Upon motion duly made and seconded, it was voted to adopt the Order of Taking of land owned by George H. Crawford on Hayden Avenue, with an award of damages in the amount of $ 10,000 Upon motion duly made and seconded, it was voted to sign the Street and contract for street and drain work awarded to A.R. Belli , subject to Drain review and approval of Town Counsel Contract Upon motion duly made and seconded, it was voted to notify the Package Goods stores to remain closed on Columbus Day, October 12, Liquor 1970; motels and clubs may serve during the usual Sunday hours. Oct. 12 The Chairman informed the Board that G L Chapter 138, s. 16A has been amended by Chapter 352 of the Acts of 1970, which provides Liquor for automatic renewal of liquor licenses upon payment of fee, with- Renewal out advertising, provided the license is of the same type as the Applica- expiring license and covers the same licensed nremises All we will tion now require is a signed affidavit from the applicant at time of re- quest for renewal Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- Cert of poration Incorp. Leon Jick 46 Meriam Street "Association for Jewish Studies, Inc." Arnold G Gofstein II Dudley Road "Project Triangte, Inc " Upon motion duly made and seconded, it was voted to sign the am- bulance abatement for Maurice Sweeney, 10 Lockwood Road, in the Ambulance amount of $ 10.00 Abatement Upon motion duly made and seconded, it was voted to refer the request of Mrs Francis E Kelley, 93 Sylvia Street, requesting pur- Land chase of 1300 square feet of land owned by the Town located in the Request back of her lot, to the Planning Board for a recommendation Upon motion duly made and seconded, it was voted to sign the Sewer order for construction of sewer on Benjamin Road. Order Upon motion duly made and seconded, it was voted to approve the request of the Mystic Valley Gas Company for the installation of a Gas Main 2-inch gas main in Carville Avenue. The Chairman read a letter from the Superintendent of Schools regarding the problem of airplane flights over the Parker School Hanscom The letter mentioned a column in the Minute-man wherein a citizen 232 asked about the feasibility of suing officials at Hanscom Field to soundproof the Parker School The School Committee is interested in having the Selectmen explore the feasibility of legal action sug- gested in the citizen' s letter The Chairman felt that before we would ask Town Counsel to be- come involved in this, they must come forward with more information He recommended that he and Mr O'Connell meet with Dr Fobert and tell him to see what the outcome of the City of Boston' s suit is before we become involved in a suit against the federal government. After discussion, the Board agreed that Mr Cataldo and Mr. O'Connell are to talk with Dr. Fobert Mr Greeley asked what is the status of closing old Laconia Street where it ran into the intersection through the former Green and White parcel . The Chairman said there are certain things we have to do with Laconia the County Commissioner before we close. Street Mr Legro didn't think there would be any difficulty with the Commissioner Mr Greeley asked if there would be any reason why we shouldn't start mechanical processes to have 1t eventually cleared? The Chairman said that we allowed the contractors to stockpile material for the sewer jobs in the area, in return, they are to grade it and clean it up for us Mr O'Connell said that we have done some grading. The Chairman said that we could schedule a work order to curb it and put a machine down there and grade it off The Chairman said that we have the same situation on Spring Street When we abandoned Old Spring Street and laid out the new Spring St Spring Street at Route 2, there was a parcel of land left between Raytheon two parcels owned by Raytheon Raytheon and the Planning Board feel we should convey it to them and I feel very strongly that we should convey it but we should get some money for it Mr Legro said that the Engineering Department ought to have a record of who laid it out and when, and the Engineering Depart- ment could follow it through with the County; then we would have to have procedures to abandon it Mr Greeley reported to the Board that he had attended the meeting on September 24 at the High School with the Committee on Committee on Youth. There were thirty or forty people there from various civic Youth organizations and a representative from Mystic Valley Mental Health and the School Committee. They said they have talked to Chief Corr and were vague as to how he felt. It was decided to have a resi- dential facility in which twenty young people could live in and they estimate they would have about 100 or 150 of them a year. They estimate it may cost from $20,000 to $40,000 a year and wondered if the Town would appropriate money, and they would raise some money from various sources. I told them 1 couldn't vote on any proposal . Mr. Kenney suggested that our Drug Counsellor comment on this committee. The Board agreed that a copy of the minutes of the committee meeting, previously held this summer, be sent to Mr. McManus, Drug Counsellor, for his comments. The Chairman said that two nominees for the high school repre- sentatives on LCSR have been received from Mr. Dwyer of the high LCSR school We have asked him for resumes and when they are received, they will be sent to Mr. Greeley The Chairman reported that he had met with Mr. Parsons today regarding the painting of four or five pictures of old Lexington Town Hall for our new Town Hall Mr. Parsons is happy and eager to do it. Paintings This couldn't be done with Town funds and I will take the responsi- bility of raising money for them He asked the Board to search for some old pictures of Lexington Upon motion duly made and seconded, it was voted to adjourn at 9 55 p.m. A true record, Attest rExecutive Clerk, Selectmen 1 . 234 SELECTMEN'S MEETING October 5, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, October 5, 1970 at 7 30 p.m Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey, Mr. Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works; and Mrs McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, two jurors were drawn as fol- Jurors lows Gerald Amodeo I Anthony Road John C Brown 7 Blinn Road Mr. Legro reported to the Board that he had reviewed and ap- Belli proved the contract awarded for streets, drains and sidewalks to Contract A R Belli Corp Mr O'Connell gave each member of the Board a report on the Fuel Oil local study on fuel oil which was made, at my request, by the Disaster Control Committee We will discuss this at the meeting next week Mr O'Connell gave copies, for the Board' s consideration, of a recommended regulation on open burning He said he had taken them from stage 7 of the State regulations on open burning with deletions, such as the State Board of Health as the administrative agency and Open making it the Fire Department Burning The Chairman read the regulations and said he thought there was a section that would apply to land clearing, as such; it only refers to agriculture Mr. O'Connell said that we could strike out "agricultural " The Board agreed to have a writtenpermit for land clearing. 9 9 Motion was made and seconded to accept the amended open burning regulations, as recommended by the Town Manager, to become effective October 16, subject to the Town Counsel' s approval of the form Mr O'Connell discussed leaf pickup and asked if it would be possible to ask the citizens to take them to the dump and, based on Leaf our experience, the Board could then vote to have leaf pickup Pickup Mr Bailey asked if he planned on making bags available? Mr. O'Connell said it is our intent to make bags available at cost, a disintegrating type of bag. 235 Mr. Greeley said he was not ready to vote for the burning restric- tion if we are not going to collect the leaves It is short notice and there is no decision to help the citizens out of their dilemma I am not ready to say we can't burn them Mr. Mabee agreed and said if you impose a restriction on burning, there are people who will say if you don't pick them up, I will burn them. The Chairman asked what if we put this ban in effect in November and Town Meeting wants to vote on it? Mr Greeley moved to reconsider the motion Motion was made and seconded to reconsider the motion on open burning. The Board further discussed the regulations, including Section 5- Variances, which states that the Board of Selectmen, upon recommenda- tion of the Town Manager, or upon application to it by any person or group, after due notice and a public hearing, may vary any section of this regulation as it may deem. necessary for the public good or to allow undue hardship. Variances, when granted shall be 'i•n writing and shall not extend beyond July I, 1971 The applicant shall assume all costs such as, but not limited to, the publishing of legal no- tices incidental to the application for and granting of a variance Upon motion duly made and seconded, it was voted to adopt the open burning regulations as amended, which will include Section 5, to take effect October 16, 1970, subject to Town Counsel ' s approval of the form Upon motion duly made and seconded, it was voted to authorize Leaf the Town Manager to schedule leaf pickup in the Town and limit it to Pickup two Town-wide pickups Upon motion duly made and seconded, it was voted to request the Leaf Appropriation Committee for a transfer in the amount of $4,000 to Transfer effect the pickup of leaves in the Town. Mr. O'Connell said that we deferred the decision on the contract snowplow rates. My recommendation for the three sizes of trucks which are currently being paid $ 16 an hour is for the Board to author- ize $ 17 50 an hour; where we are paying $ 15 an hour to authorize $ 16 50 (the contractor requested $18) and where we are paying $ 13 50 Plowing to authorize $14 50 (the contractor requested $ 16.50), the rate of Rates $3 00 an hour if the contractor furnishes his own plow; helper's rate to remain at $2 50 an hour, and the hauling rate remain, subject to any DPW approval of a revised rate. Upon motion duly made and seconded, it was voted that the snow- plow rates as presented by Mr O'Connell be approved. Mr O'Connell informed the Board that he had three requests for transfers one from the Vocational School Planning Committee for a Vocational transfer of $:1250 to print and distribute a brochure to be mailed to School the residents The school request has to go on the ballot and this Transfer is a publicity venture to answer all questions I don't know whether the brochure would include all of the agreement I think it would be 236 a mistake to give the citizens part of any agreement on something they are going to be asked to vote for. The Chairman asked what does the legislation call for? We had to mail the complete legislation on the Town Manager' s Act Mr Legro said that all you have to do is set out the sub- stance as a matter of practice you make the whole act available to the public and that is the reason you do it The Chairman said if they are going to print most of it, they are going to need more money Mr O'Connell said that this buys 5,000 copies for the November meeting and to Mail 8,000 in Lexington I don't think the number of pages would change the cost. The Chairman said then you are saying give the complete agree- ment to the public Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Article 49 of the 1969 Annual Town Meeting, in the amount of $ 1 ,250. Mr O'Connell said that a request has been received from the Health Board of Health for a transfer of $4151 to pay current operating ex- Transfer penses for TB care of two patients in Middlesex Sanatorium for an estimated total of 75 days Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count #3300, in the amount of $4151 Mr O'Connell said that a request has been received from the Veterans' Agent for a transfer of $ 10,000 for additional hospital Veterans and nursing home bills, because of increased hospital rates, an Transfer increase in the number of eligible veterans applying for benefits due to increased unemployment and certain recipient allowances have been increased since the budget was prepared. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account #7200, in the amount of $ 10,000. Mr O'Connell informed the Board that he had received a request from Mr Daniel Powers for authorization for the Democratic Committee Permit to use the Lincoln Street area for the DeMocratic Committee candi- dates on October 23, from 2 30 to 5 00 p.m The Board had no objection as long as the Committee cleaned up the area The Chairman informed the Board that a letter has been received Patridge offer from the Partridge Associates, Inc. offering as a gift lots 112, 113 of land on and 114 Philip Road These are the three strips of land down at the Philip Road Bowman School Mr. Legro said that we already have easements for public travel through these lots. The Chairman asked if the Board wanted to accept the three lots? 237 Mr Legro said that he will have to pay the taxes up to the date of conveyance; I see no problem abating the betterments The statute requires us to collect the taxes whether it is by gift, purchase or eminent domain. The Board was agreeable to accept the lots, up to the point of taxes. The Chairman said we will write back and tell him we are inter- ested and for him to contact us to discuss it Upon motion duly made and seconded, it was voted to certify the Cert. of character of Herbert C Siegert, M.D , who has applied for Certifi- lncorp cate of Incorporation, "Community Action for Youth, Inc " The Chairman read a letter from Mrs Arlan requesting a meeting with the Board and residents of Bridge Street to discuss the traffic problem between 4 00 p.m. and 6 00 p.m. The Chairman said that Chief Corr had a visit from Mrs. Arlan Bridge and she then came to the Board I answered her that Chief Corr was Street going to keep this under constant radar surveillance. As we all dis- cussed it when the people of Bridge Street came in to have it ac- cepted, they felt they could accept the problems of Bridge Street How does the Board want to handle this? The Board agreed to schedule a meeting with the residents of Bridge Street. The Planning Board met with the Board Mr Lund said that they had come to discuss Worthen Road and were looking for the comments of the Board. Mr Greeley said he would buy the recommendations of completing it to Marrett Road and holding in escrow the right of way through Worthen to the present street, with no immediate plans to improve it as a Road vehicular way I don't quite read what the consultant recommends and the Planning Board endorses The Chairman said that he is saying not to hook it to Route 2 Mr. Greeley said that it seemed to him that efforts to dis- associate Pleasant Street from this issue are reasonable but he didn't think the Planning Board disassociates it. It is essential that we look at these intersections. Mr Lund said we would not be asking for constructing to the intersection of Route 2 and would not be getting the assistance from Worthen Road to Marrett Road to the school built under Chapter 90. Mr Greeley thought he left open the possibility that the Church people might build it as a subdivision street. Mr. Lund said as far as the subdivision is concerned, a road would be a barrier and would eventually be constructed by Chapter 90; a barrier in terms of cutting people off from a large area Mr Greeley said this is a change from earlier. Mr. Lund said we would want a reserve corridor there 23S The Chairman said you are saying you will let him build the sub- division with access other than Worthen Road. Mr Lund said he would build to the portion of Worthen Road and to Clematis Road. The Chairman asked if they would let him hook onto Clematis as it now exists? Mr. Lund said the answer is yes; there would be a vehicular road cross Waltham Street and would require a deed to the Town. Mr. Worrell said that Trinity Covenant showed a sketch of how they would lay out and estimates of cost given in this statement were made at the time for at least part of the subdivision; these costs would have to be upgraded If we are going to build Worthen Road, we would have to go across almost all of their property. The Chairman asked would the Church build on the left hand side and would they build down to Worthen Road as it is now pro- posed? Mr. Lund said they would be at least one house lot back The Chairman asked could they build of Worthen Road were built? Mr Worrell replied they are just not going to build on the peat. The Chairman said if Worthen Road is located in such a location, if they could build on one side of it and the Town participate to a point to take this into consideration. .. Mr. Greeley said if the Town doesn't buy the zoning change, the subdivision will change. Mr. Mabee said he would go along with this but from Marrett Road to Pleasant Street would be kept open Mr Lund said that right now it won't be needed Mr Lund mentioned that one significant thing is that the traf- fic going through town is town traffic. Mr Worrell wondered if there is any advantage to be gained if the DPW would go along with changing signs for people corning west and not show Routes 4 and 225 where they go. The Chairman said that they would have to change the route designation, they wouldn't just change the sign. We have talked of this before to get the traffic out of the center and we talked of designating this if Worthen Road were to be constructed Mr Worrell said that to make Waltham Street 4 and 225 would take the traffic out of the center The Chairman asked why not give it to the Traffic Committee? Mr Lund informed the Board that for Town Meeting they hope to replace the description designation and put in zoning maps. The Chairman said if we have the Town Meeting, get as many of the housekeeping things out of the way Mr. Lund said we think we are making progress on Muzzey Street Muzzey St Two or three land owners would be willing to give us options to pur- Parking Lot chase their land; the only stumbling block seems to be the Lexington Federal Savings Bank as they have certain plans for the area they now own and are not amenable to the parking lot . 239 Mr. Worrell said that one of our beginning points to increase the parking area is to be able to assure businessmen there will be some provision for all-day parking We have brought this to your attention in the past that the simple way of doing it is by meters operated by quarters. The Chairman said we should get together and see where we are going on the agreements made and to discuss the direction in which we will go We understand Bob Lyon is doing the negotiating Mr. Lund said, not really, he is exploring. Mr Lyon asked if the other owners agreed, would you agree? The Chairman replied that we have made some agreements with owners on other transactions in the center. Mr. Lund asked if the Board might be going to the Appropriation Committee on the drainage problem across Marrett Road at Idylwilde. The Chairman said he understood it is a substantial project and we will consider it as soon as the final recommendations are made. You are talking three or four years' drainage money for that one location and we feel it should be handled like any request If we can provide drainage for them, fine but I don't think I want to Idylwilde spend three years' drainage money for one location. Drainage Mr. Lund didn't think it is an easy decision but it would be helpful to know if you are going to include it this year If not, we could act on that basis The Chairman said it is more than three years' drainage appro- priation in one On the other hand, we have $500,000 in other drain requests that over the years we have been pecking away at Mr Lund said we are not urging you, we just want your decision Mr O'Connell said that we would know within two weeks 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 public Executive security, the financial interest of the Town or the reputation of a Session 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 Chairman read a letter from the Muscular Dystrophy Associa- tion requesting that the month of October be proclaimed as Muscular Muscular Dystrophy Month Dystrophy Upon motion duly made and seconded, it was voted to proclaim October as Muscular Dystrophy Month Upon motion duly made and seconded, it was voted to sign the Worthen Memorandum of Understanding between the State DPW and the Town for Rd.-East Worthen Road and East Street in the amount of $29,700 Street 240 Upon motion duly made and seconded, it was voted to sign the Sewer Order for construction of sewer on the following streets Orders Barbary Road Stonewall Road Field Road Banks Avenue The Chairman said that he had talked with Mr. Zehner on the Town Report and he requests that the Town Report Committee be ap- Town Report pointed. Committee Upon motion duly made and seconded, it was voted to appoint the following members of the Town Report Committee Louis A. Zehner Richard W. Hoover George E. Cooper Mrs. Oscar R. Carlson Wilbur E. Cheever Upon motion duly made and seconded, it was voted to approve the Minutes minutes of September 21 and September 28, 1970. Annual Mass. Mr. Bailey reported to the Board that he had attended the Annual Selectmen' s Town-wide meeting of the Massachusetts Selectmen's Association. Lex- Meeting ington had submitted an Article to change the award period for bids from 30 to 40 days, it was unanimously adopted. Upon motion duly made and seconded, it was voted to adjourn at 10.05 p.m. A true record, Attest Executive Clerk, Selectmen 24 f_ SELECTMEN'S MEETING October 13, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Tuesday evening, October 13, 1970, at 7 30 p.m. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present. Mr. Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Assistant Superintendent of Public Works and Mrs. McCurdy, Executive Clerk were also present. Mr O'Connell informed the Board that he has received a letter from the Chairman of the Permanent Building Committee regarding the schedule for the new Junior High School ; as follows New Junior High Advertise for bids November 23 Receipt of Sub-bids December 23 Receipt of General bids January 6 Town Meeting January II He requests that this information be given to the Board so that a Town Meeting may be called at the appropriate time. The final plans and specifications will be completed October 19 and he has asked the architects to deliver two sets to Mr O'Connell He would appreciate comments and they should be received by the afternoon of November 5 as they plan to meet that evening to review all comments with the architects The Chairman said that, basically, he would like to get the sense of the Board as we have had many calls about a Town Meeting He felt it would be best at this time to be able to get housekeeping articles such as zoning and re-zoning, out of the way. The Board agreed and the date for the January Town Meeting is to be set at the next meeting Mr O'Connell informed the Board that a request has been received from a group called DARE, which operates primarily in getting resi- dences for youths, for permission to go through Lexington on bicycles on Sunday, October 18, 1970 DARE is sponsoring a "bike day" and DARE would start in Concord to Lexington, proceeding down Massachusetts Permit Avenue to Arlington They would pick up other bicyclists as they go along and would be a group of from 75 to 100 The Board discussed the request and agreed there is no objection to the bicycle parade but would prefer them to use a route other than Massachusetts Avenue as they would be going by the churches at the time of services Mr. O'Connell is to talk with DARE and inform the Police Depart- ment of the route. 242 Mr O'Connell informed the Board that the Town Engineer has been studying the problem of the Center Playground swimming pool, there has been a serious question of the condition of the pool and what Center Pool can be done about it. Mr McSweeney and Mr Donahue of Continental Playground Pool of Lynn looked at the pool and made observations Recommenda- tions of the Town Engineer were read and Mr. O'Connell said that, basically, Mr McSweeney thinks it would be a prudent thing to spend $ 1250 for a survey to examine the conditions of the pool so we would know what we were doing Mr Kenney said he understood the DPW would do the excavating work Mr. O'Connell agreed and said now we need $ 1250 if we were to follow this course of action. If we don't do it, we are getting into problems at the pool and chances are these problems are below ground, not only with the pool but also with the filter system. The major problem is that 12" to 18" of water are lost overnight and the question is, where is the leakage'? Mr. Bailey thought there was justification for the survey. Mr. O'Connell said that it would be $ 1250 to employ the ser- vices of Mr Donahue, who indicated it could be done in about limo weeks Mr Mabee recommended that it be put before the Appropriation Committee and tell them we want it, and let them make the judgment. Mr McSweeney said that this came from Recreation Committee and my association in building the other pool Mr O'Connell said that there are some operating things of the pool that are below state standards and any major refurbishments would bring it up to standards Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer of $ 1250 for a survey of the Center Playground swimming pool . Mr O'Connell read a letter from the Building Inspector re- garding a fire damaged carriage house at the rear of 1508 Massa- chusetts Avenue, at the corner of Winthrop Road. Mr Irwin sent Palmer a letter to the owner, James B. Palmer, asking if he intended to Carriage repair the building and also informing him that if he intends to House remove the building, a demolition permit is required from the Building Department There has been oo response from Mr. Palmer on additional letters sent, attempted telephone calls and vistts to the property. Mr Irwin recommends that action be taken under Chapter 139 of the General Laws Upon motion dulymade and seconded, it was voted to schedule a hearing regarding the carriage house owned by Joseph B and Clara R Palmer of 1508 Massachusetts Avenue, which has been damaged by fire Mr O'Connell reported to the Board that the Appropriation Transfer Committee had approved the request of a transfer of $ 1250 to the 243 Vocational School and $4151 to the Health Department for patients in the Middlesex Sanatorium The Committee tabled the request for a transfer from the Veterans' Agent because of the lack of information especially in the matter of a $3100 hospital bill The Chairman asked Mc. O'Connell about leaf burning? Mr O'Connell replied that we haven't formally asked for money. He acquainted them with the action of the Board to adopt the regula- Leaf tions to take effect on October 16 and to schedule the two leaf Pickup pickups in the Town The Chairman of the Appropriation Committee was not favorably inclined to the expenditure of money for this pur- pose but would listen when it was presented to them Residents of Bridge Street met with the Board Mr Lionel Arlan, 54 Bridge Street, was spokesman for the group Mr Arlan said that the reason we are here is because of concern about the traffic hazard that exists on Bridge Street Since the street was finished over a year ago, there has been substantial in- crease in traffic, namely due to traffic cutting through Bridge Street to avoid the light at Waltham Street There are 75 children, plus 8 retired, elderly people on the street We have counted be- Bridge tween 80 and 100 cars using it as a cut-through from 4 00 p.m to Street 6 00 p.m. We feel the speed limit of 30 miles per hour is too fast Traffic for children on the street, and there are no sidewalks The maximum IIIdistance of view is 200 feet and when cars are parked on the hill , it is reduced to 100 feet We are here to get possible solutions, as follows I . We would like a new "go slow-children" sign to replace the at the top of the street which is hardly recognizable 2 Speed reduced from 30 M P H to 20 M P H - posted. 3 Street to be made one-way from 4 00 p.m to 6 00 p.m for traffic to go in one direction 4. Other possible solutions sidewalk installation and instal- lation of sign at the bottom of Bridge Street which prohi- bits right turns during these hours. We would like to know what can be done The Chairman asked, you would like consideration of a sidewalk, on one side? Mr. Arlan replied, on one side The Chairman asked if he had any feeling as to what side? Mr. Arlan had none. The Chairman asked if all residents were in agreement? Mr. Arlan replied, not necessarily I 244 The Chairman said if we felt a sidewalk will help and recommended it, what would the residents feel about it; would they unanimously want it? Would anyone here be against the installation of a side- walk in front of his home? A resident asked if it would cost money? The Chairman said there would be the usual betterment charge. The resident said he might object to it Another resident said she can't say yes, we don't know What is involved; we would have to know all the facts The Chairman said that aside from the cost, we are here to discuss safety Based on your feeling for a sidewalk on one side, our betterments today are $I a foot and 100 feet would cost $100. Let' s confine it to safety He asked if anyone present would object to a sidewalk in front of his house? No one replied. The Chairman said that the Board will take all of their recom- mendations and submit them to the Traffic Committee for it evaluations We did have a request from Mr. Arlan regarding traffic and Chief Corr had the radar there and has agreed that he would periodically put the radar on Bridge Street to try to control it We all recog- nized this before the street went in. We can't set the speed limit for the street, we can only put the radar there The speed limit is set at 85% of the cars traveling on that street; we cannot prosecute anyone at any less than that These are the laws we have to live with; we can't arbitrarily set a speed limit; if we set up a sign at 15 miles per hour and took a person to court, it wouldn't hold up. Mr Arlan asked if 30 miles an hour is the legal speed limit in town? The Chairman replied, ,no, we would have to put the radar up there for a given period of time and if 85% of them travel that, that is what it will be. In the wisdom of the legislature, that was their approach to reasonab eness We have our rules and regu- lations to live by, and it is no good putting it there if we can't enforce it We will submit your recommendations to the Traffic Committee and ask them to come back with the recommendations they see fit. Wb have our limitations on how far we have to go Mr Arlan asked if these rules are established by the Town? The Chairman replied, yes; it is no good for us to set up anything we can't enforce. A resident said you are saying the fact that children are con- stantly playing in the street, you can't take that as a condition? Is that what you are saying? The Chairman replied that legislature said a street was built for automobiles and not for children A resident asked if you do take the course of setting up radar, would it be possible to put the "children playing" signs up first, so people would take that into consideration? The Chairman replied that we will submit these recommendations to the Traffic Committee and before the street is zoned, we would install the signs that the Traffic Committee recommends A resident asked what is the record of the Town getting a one- way street sign during certain hours? The Chairman replied, zero; we have asked the Traffic Committee during the last three months for some. Mr. Arlan asked what about limitation of right turns? The Chairman said that is one thing we will submit to them; how it comes out, I can't answer A resident asked when the Board was going to make its recommenda- tions? The Chairman replied, within three weeks The residents of Bridge Street retired from the meeting. Mr. Legro reported to the Board that he had concluded the Bolt Beranek and Newman land acquisition today; we put some provisions in B B & N the deed The only one that hasn't been completed is the Crawford land. Mr.. Crawford asked that it be put over to this week The Chairman read a letter from Mrs Alice Kroll , 51 Wellington Lane Avenue, requesting a deferment of sewer betterment assessment of Kroll $75, as she is a widow and unable to pay Deferment The Chairman said that as he understood it, we have no basis for Request a deferment but he will talk with Mrs. Kroll Upon motion duly made and seconded, it was voted to certify the character of Phyllis Salusti , 110 Kendall Road, who has applied for Cert of Certificate of Incorporation, "Naples Club, Inc " Incorp Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s meeting held on September 14, 1970 Minutes Upori motion duly made and seconded, it was voted to sign a water abatement for Gerard L Legere, 16 Grapevine Avenue, in the amount of Abatement $52.50, adjusted bill . Upon motion duly made and seconded, it was voted to sign the Sewer order of construction of sewer on Old Shade Street Order Upon motion duly made and seconded, it was voted to sign the War- rant for the State Election to be held on November 3, 1970. Election Upon motion duly made and seconded, it was voted to set the hours Warrant for the polls to be open on November 3, 1970 from 7 00 a.m. to 8.00 p.m. The Chairman said that some time ago, Green and White brought us a proposal to service a house on Pleasant Street and the Board said Green and that there should be a definite water connection, that we will not White Sewer accept it into Mason Street and he has to pay betterments. Mr. Green Connection has proposed a sewer connection to Mason Street and this will require an easement over two parcels of land that were not included in the original subdivision of Mason Street 246 The Town Engineer feels the easements should be subject to Town Counsel 's review Also, that if the sewer connection is approved, there will be a sewer charge in lieu of betterment in the amount of $701 .53 The developer is requesting there be no sewer betterment assessed against this lot because he contends this lot was part of the original subdivision and that he constructed and paid for the sewer lateral in Mason Street Upon motion duly made and seconded, it was voted to grant per- mission to Green and White for a sewer connection to Mason Street, subject to a review by Town Counsel of the grant of easement. Upon motion duly made and seconded, it was voted to make full charges in lieu of betterments to Green and White. Mr O'Connell reported to the Board that he had forwarded the information on open burning to Mr Legro on October 9th The Board agreed to forward a report on the Youth Center Com- Youth Center mittee from Mr McManus, Drug Consultant, to Selectman Greeley, Committee who will discuss the contents with Mrs. Foskett of the Committee. They are considering a residential treatment center and Mr McManus feels they should clarify in much greater detail the kind of pro- gram they wish to develop The Chairman informed the Board that an invitation has been re- ceived from the Simon Robinson Lodge to attend divine services at Invitation the Church of Our Redeemer on November 8, 1970 Members of the Board will attend It was agreed to forward the invitation to Town officials. Civil Serv. The Chairman read a letter from the Director of Civil Service, Underprivi- requesting the name of the person in charge of programs related to ledged the disadvantaged or underprivileged Program The Board agreed to reply that Mr O'Connell is to be desig- nated 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 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 50 p.m A true record, Attest &e.6.4.44,„, )22 Executive Clerk, Selectmen 247 SELECTMEN'S MEETING October 19, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, October 19, 1970 at 7 30 p .m Chairman Cataldo, Messrs Mabee and Kenney were present Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; and Mrs McCurdy, Executive Clerk, were also present. Local #1703, Public Works employees' union met with the Board; William J Powers, authorized representative to sign the collective bargaining agreement in behalf of AFSCME and its affiliate Local Public #1703; Richard E Spiers as president of Local #1703 and authorized Works to sign the agreement between the Town and Local #1703, and John Union Whitney, Member of the negotiating team, were present. Upon motion duly made and seconded, it was voted to sign the letter of agreement between Local #1703 to remove some classifica- tions and insert two others in place of them per the agreement. Mr O'Connell read a letter from the Lexington 4-H Volunteers Horse Club requesting permission to sponsor a fair on October 31 , 1970 from 10 00 a.m to 2 00 p.m at the old dump site on Lincoln Street; the proceeds of the fair would be donated to some charitable organization within the Town Permit Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington 4-H Volunteers Horse Club to sponsor a fair at the old dump site on Lincoln Street from 10 00 a.m to 2 00 p.m ; subject to the restrictions of the Acting Superintendent of Public Works Mr O'Connell informed the Board that a request has been re- ceived from the Town Clerk for a transfer to Account #1950 in the amount of $1300 to be used for the State election on November 3, 1970 A Special Referendum was held in April this year and this Transfer had not been provided for in the 1970 budget Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count #1950, in the amount of $ 1300 Mr. O'Connell informed the Board that a request has been re- ceived from the Fire Department for a transfer in the amount of $220 to the ambulance fund, there were unforeseen expenditures such as the cost of transferring the siren from the old ambulance to the new Transfer ambulance and certain repairs were necessary on the old ambulance before turn in These would cost $364 but after we examined the ambu- lance account, we found that for the rest of the year, we could get by with $220 248 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count #4200 in the amount of $220 The Chairman read a letter from James E Cosgrove, 128 Hart- well Avenue, stating that as a Town Meeting Member, he had been Hartwell Ave approached by his neighbor on numerous occasions to make an effort Traffic Request to have some sort of traffic control device installed on Hartwell Avenue As possibilities, Mr Gorr, his neighbor, had suggested speed signs, go slow-children signs or possibly a speed bump Upon motion duly made and seconded, it was voted to refer Mr Cosgrove' s request to the Traffic Committee for a recommendation. The Chairman read a notice from the County Commissioners of a hearing to be held on the Town' s petition for specific repairs of East Street East Street on November 10, 1970 at 12 40 p.m. The Board instructed the Town Engineer to mail a notice of this hearing to the abutters on East Street 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 Neil L. Chayet 272 Concord Avenue Richard B. Plank 149 Spring Street Margery M Battin 15 Paul Revere Road Charles E Ellicott 58 Baskin Road William C Hays 44 Moreland Avenue "Re-Place, Inc." Upon motion duly made and seconded, it was voted that the Board Permit had no objection to the Battle Green Chapter of DeMolay conducting a paper drive on Saturday, November 7 and Sunday, November 8, 1970 at the trailer located by the railroad tracks on Bedford Street Upon motion duly made and seconded, it was voted to approve the Bond bond for the Executive Clerk to the Board of Selectmen in the amount of $ 1 ,000 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meetings held on November 10, December 8, December 22, 1969, February 19, March 30, April I and October 13, 1970 Mr Legro suggested there would be a need for an Article in the Warrant for the proposed special Town Meeting for the acceptance of $300 as a legacy set forth in the will of Georgie Burr Smith Mr. Article Legro had received the check in the amount of $300 from Alfred P. Tropeano, dated February 19, 1970, drawn on his clients Trust Fund Account, payable to Munroe Cemetery-Town of Lexington Mr Tropeano had written him as follows 249 "THIRD (a) The sum of Three Hundred Dollars ($300 00) for the perpetual care and maintenance of the Hendley, Burr and Dunning Cemetery Lot in the Munroe Cemetery situated in said Lexington " In his letter, Mr. Tropeano also comments that the WI II does not make any provision against use of the principal as well as the income, nor against comingling of this money with other perpetual care funds, and that th t the only limitation is the requirement that it be used for the Hendley, Burr and Dunning lot Mr. Legro said that there being no investment restriction in the Georgie Burr Smith Will , this givt could be so held if accepted by the Town as it is his understanding that the Trustees of Public Trusts manage a fund entitled "Cemetery Trust Funds-Munroe" which includes other similar bequests He turned over the check for $300 to Mr. O'Connell and recommended that it be held pending action of the Arti- cle in the Warrant for the Special Town Meeting Mr. Alan Adams met with the Board. Mr. O'Connell said that the Board had voted to have a regulation banning open burning I submitted a draft of the regulations and it has been reviewed by Town Counsel , who said that such regulations would not be legal and posed problems. I have had many calls and have prepared a memo summarizing the picture as I see it at this time He read the memo which stated that the Board now has two choices open I . Rescind the vote mentioned above and limit leaf burning to the period when favorable weather will minimize the problem This can be done under the existing regulation (Chapter 48, Section 13) or Leaf Burning 2. Adopt new regulations to prevent leaf burning, giving the public adequate advance notice and attempt to provide what- ever leaf pickup service is necessary if and when the Appro- priations Committee provides funds Mr O'Connell said that we are in a dilema as there is not really adequate time to do this in the way advance publicity would make it work and if other regulations were used If new regulations were adopted, we would make it clear to the public as to what we are trying to do; even though the public is endeavoring to cooperate, we have the problem of funding If anything is done to provide pickup service, I pose the question of whether the Board wishes to discuss it with the Appropriation Committee Mr Mabee thought he was going t0 approadb thein The Chairman said that he had talked with them at the last meet- ing and the Chairman of the Appropriation Committee said they would listen but he was not in favor, we know they feel rather strongly about it Mr Mabee said that if they are unanimously against it, it is a waste of time to get the Committee up here. 250 The Chairman said that someone should go and see them to sepa- rate the issues We have no alternative but to rescind our previ- ous action Mr Legro had one comment; he thought the purpose of Chapter 48, section 13, is fire prevention not air pollution control and the regulation of the issuance of permits is on the basis of fire safety • Mr O'Connell agreed but said he understood from talking with the State Board of Health that if the Board wished to accomplish the ban on leaf burning, it can be done by asking the Board of Health under Chapter III , section 31c, to issue a regulation be- tween the effective date of July I , 1971 ; this regulation would allow continuation of incinerator burning of trash under a permit (which would be either oral or written) issued by the Fire Depart- ment as in the past; but the control of same could come under Chapter 48, section 13. The Chairman felt 'if we are not going to collect the leaves, you can't rightfully say you can't burn them 1 don't feel leaf burning is that big in the total problem. If we could collect them, fine Mr Kenney said he would like to clarify some points. The previous vote is not legal and the reason is we do not have muni- cipal trash collection. Mr. Legro said that part of the State Department of Health regulation which prohibits open burning does not become effective until July I , 1971 and since there was no municipal refuse collec- tion available on June 1, 1970, the regulations permit open burn- ing until July I , 1971 of leaves and domestic refuse Mr. O'Connell said that there seems to be a rather general feeling it would be highly desirable for the Town to purchase a large quantity of leaf bags to be sold at cost. We would have to ask the Appropriation Committee for that because I am sure it would be the desire of the Board to get all of the voluntary com- pliance by the townspeople and to encourage them to take the leaves to the dump, and the amount of the cost is a significant factor. Mr. Kenney said that 60% of the pollution in the towns is because of automobiles We are in a tough spot, I don't think the public is ready nor are we Mr. Mabee moved to rescind the vote of October 5, 1970 Upon motion duly made and seconded, it was voted to rescind the vote of October 5, 1970, to adopt the regulations as amended, effective October 16, 1970, subject to Town Counsel's approval as to form The Chairman said that with the action just taken, we are back to where we were in the beginning. Mr. Kenney said we are back to the prior regulations. Mr Mabee said, which is according to the fire department regu- lations ' 251 Mr. Kenney said he agreed with Mr O'Connell on supplying bags to the townspeople Mr. O'Connell said it would appear that the Board could accom- plish a great deal If we go to the written permit, we could direct the fire department to take weather conditions into consideration for granting permits for leaf burning, we would try to get the citi- zens to bring the leaves to the dump Mr. Kenney said that we should prepare ourselves for the next Town Meeting,. Mr. Adams said that you have a long program of public educa- tion. The Chairman asked if the Board was of a mind to amend the regulations to require a written permit from the fire department? Mr. Adams said they had tried it before and people do not want to go down to the Fire Department for a permit You have to take a few people to court to make it stick and he couldn't think of it being done more than two or three times in the last 20 years Mr. Kenney said it doesn't mean we can't start enforcing it He asked Mr O'Connell for his recommendation. Mr. O'Connell recommended a written permit Mr. Kenney said if we don't take strong action now, next Sep- tember we would be in the same boat. Mr. Adams said that there would have to be more men at the fire department desk if you have a written permit The Chairman said he would rather not have them Mr. Kenney moved to amend the regulations to require a written permit. Mr. Mabee asked if Mr. O'Connell is prepared to work this out with the fire department? Mr O'Connell said we are trying to make some progress in a difficult area; this is as reasonable an approach as there is Mr Mabee seconded Mr. Kenney' s motion. Upon motion duly made and seconded, it was voted to amend the local rules and regulations of the Fire Department under Chapter 48, section 13, to require a written permit for open burning, ef- fective October 24, 1970 at 8 00 a.m Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer of $2900 from the Re- serve Fund to Account #5850 for the purchase of plastic bags to be sold to the public at the approximate cost to the Town Mr. O'Connell informed the Board that he had contacted the Chamber of Commerce and they agreed to cooperate with the Town and have some of the merchants offer them at the price the Town sets. These bags come in cases of 250 to a case in units of 50 bags; he hoped these could be split as they may be sold at a price of 25 bags for $1 .00 They would be available in a few days The Chairman read a letter from the Massachusetts Port Author- ity in reply to a petition received from residents of Lincoln and 252 Concord regarding the expansion of Hanscom Airport The letter states, in part, that the Port Authority strives constantly in con- cert with appropriate organizations to minimize to the extent pos- sible all sources of aircraft noise but the Authority does not operate any of these aircraft nor is it responsible for the control of aircraft flight. There are frequent meetings between represent- atives of the Authority, Federal Aviation Administration and various aircraft operators to continuously monitor and modify where possible, consistent with safety, aircraft operations to minimize noise Specifically with reference to the Port Authority' s plans, they do not include regular scheduled airline services at Hanscom. Also, we do not plan, and we feel it is completely inconsistent with air cargo operations, to separate this activity from regular airline service conducted at Logan International Airport. We, therefore, have no plans, nor are we aware of any on the part of the airlines, to conduct cargo operations at Hanscom Field As a matter of fact, we have been specifically informed that such an operation is not feasible. It is the Port Authority' s plan, however, that Hanscom Field continue as a major general aviation airport much as it has in Hanscom the past We are, in fact planning to provide more hanger space Field at Hanscom Field but it is doubtfult that there will be a signifi- cant increase in volume of operations; there are presently more than 200 aircraft tied down in open areas and we feel it only ' appropriate that storage facilities be made available. With the exception of an extremely small portion of land, these facilities will be constructed within the general aviation area presently owned by the Authority As pointed out by the complainants, during the past ten years there has been a decrease in military operations with a corresponding increase in civil operations. It is significant, however, to note that in 1960 there were more than 86,000 mili- tary aircraft operations and these aircraft indisputably created much noise in the vicinity of Hanscom Field than the larger nuMber but much smaller aircraft now operated by civil aircraft owners. We, therefore, feel there has not been such an increase in air- craft activity as would bring about a significatn corresponding increase in aircraft noise, as alleged in the complaint. Further, we believe that the aircraft operations will substantially level off largely due to limited runway capacity. Please be assured that we are anxious to take all steps con- sistent with safety and the basic objective of operating a first class general aviation airport to keep aircraft noise at the absolute minimum in the vicinity of Hanscom Field The Board agreed to answer the petitioners and send a copy of the Port Authority' s letter also Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on Concord Avenue From Route 2 easterly a distance of 3136 feet, more or less, to Hardy Pond Brook Concord Avenue From Hardy Pond Brook a distance of 1281 feet, Sewer wore or less, easterly to Waltham Street Orders Waltham Street From Lexington-Waltham Town Line The e Board discussed setting a date for a Special Town Meeting in January Mr. O'Connell said that the Permanent Building Committee wrote to the Board regarding the schedule for the new Junior High School and requested the Board to consider this schedule; advertise for bids on November 231 receipt of sub-bids on December 23; receipt of general bids on January 6, Town Meeting on January II , The question is whether there would be time enough after receipt of the general bids and whether January 18 would be more practical I talked with January Mr Taylor and if they could meet the combination of requirements, Special they would agree to the 18th but they not only have deadline dates Town with the contractor but have to meet with the Board of Education Meeting and they must have the recommendation of the School Assistance Com- mittee and they have to have a certified copy of the Town Meeting vote, such certification not being available until after Town Meet- ing has expired The State Board of Education meets once a month 111 and they would miss the January meeting of this Board and, with a January 18 date, they would have to ask the State Board of Educa- tion for a special meeting. Mr O'Connell is to discuss this with Mr Taylor Upon motion duly made and seconded, it was voted to hold Special Town Meeting in January, 1971, and to set the date at he meeting of October 29, 1970 Upon motion duly made and seconded, it was voted to close the Warrant for the January Special Town Meeting on November 13, 1970 The Chairman read a report from the Hunting Committee approv- ing three hunting areas in the Town for the coming year The Com- mittee unanimously recommends the insertion of an article in the Hunting Warrant for the next Town Meeting to abolish hunting completely Committee within the Town Mr Kenney said he would enthusiastically endorse the recom- mendation to abolish hunting The Chairman informed the Board that a notice has been received from Mr O'Connell that the Building Inspector has been asked by Palmer Mr. Palmer about the possibility of demolishing the fire damaged Building building owned by him and located at 1508 Massachusetts Avenue The Board agreed that once the building is demolished, the file will be closed on the fire damaged building owned by Mr. James B. Palmer 254 The Chairman informed the Board that a telephone call has been received from the Town of Winchester 9 re ardin the perambulation of regarding Perambulation boundaries The Board agreed to write to the following towns and set up a date for the perambulation of boundaries, Arlington, Bedford, Bel- mont, Burlington, Wincoln, Waltham, Winchester and Woburn. The Chairman informed the Board that the Massachusetts Select- men' s Association has sent us a letter asking for nominations for Citizen' s outstanding public and civic employees, to be submitted by November Award 4, 1970 The Chairman asked the Board to consider this request and it will be discussed at the next meeting The Chairman informed the Board that a memo has been received Lincoln Lab from the Traffic Committee stating that according to Mr Paddleford Sign of Lincoln Laboratory, initiator of the request for directional signs at Route 2A and Massachusetts Avenue, the Lincoln Laboratory wishes to withdraw its request. The Chairman discussed the Town Meeting Warrant He said that the Board should adk Town Meeting to change the By-Law requiring the Warrant to be sent to each registered voter. Other towns send to each household and this would cut our cost in half If the Board votes to insert an Article in the Warrant, we could do some research. Warrant Upon motion duly made and seconded, it was voted to insert an Article Article in the Warrant for the Special Town Meeting to change the By-Law requiring the Warrant to be sent to each registered voter 40 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 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 17 p.m. A true record, Attest Executive Clerk, Selectme 1 200 SELECTMEN'S MEETING October 26, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, October 26, 1970 at 7 30 p.m. Chairman Cataldo, Messrs Mabee and Kenney were present; Mr. Legro, Town Counsel , Mr. O'Connell , Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk were also present Hearing was declared open upon petition of the Boston Edison Com- pany for permission to construct and locate 15 feet of underground conduit on Marrett Road (Bedford Airport Road) at Massachusetts Avenue -Notices of the hearing were mailed to the petitioner and file with the Town Engineer Mr Pratt, representing the Boston Edison Company, was present and said that this petition is for 15 feet of conduit coming out of our right-of-way through the grass plot and up the existing pole and wires The Chairman asked if anyone present had a question? Marrett Mr. Perkins of the Minute Man National Park asked why this con- Road duit was needed Conduit Mr Pratt said that this was for increased service at the request of the Massachusetts Port Authority. Mr Perkins had no further questions. The Chairman declared that part of the hearing closed. The Chairman asked if anyone was present in favor of the petition No one appearing in favor or in opposition, the Chairman declared the hearing closed. The Chairman informed Mr Pratt that the Board would take the petition under advisement The Chairman asked Mr Pratt to request Mr William Jones of the Boston Edison Company to call him or Mr O'Connell in the morning Mr Legro discussed the Boston Blacktop contract for two tennis courts He said he had reviewed it briefly and has questions on the Certificate of Insurance; failure to cover automobiles and failure Tennis to cover XCU underground. The date will have to be corrected on the Court Certificate of Insurance; on the coverage, both might be waived by Contract the Board but he didn't think it is good policy where other bidders have had to take these into consideration Mr McSweeney has raised the question regarding the name of Boston Blacktop Corporation; it was incorporated in 1962 as Boston Blacktop and Sealcoat, Inc and that seal occurs on the signature page as well as on the bond; it was legally changed in the records of the Department of Incorpora- tions in 1966 to Boston Blacktop Corporation There is another little technicality, the vote is dated today and I have received it today These technicalities ought to be corrected but the Board can vote to sign the contract, subject to correction of these techni- calities. 256 Upon motion duly made and seconded, it was voted to sign the contract with Boston Blacktop Incorporation for the construction of two tennis courts, in the amount of $ 12,470, subject to the correc- tions recommended by Town Counsel . Mr O'Connell informed the Board that a letter had recently been received from the Labor Relations Commission confirming the Police dismissal of the complaint previously filed by the Lexington Betterment Police Betterment Association We have just received a letter listing the new officers of the Police Association and they have contacted me to set up an early meeting to discuss the contract members I have talked with Mr. Kenney and we should proceed to set up a meeting to talk. Mr O'Connell reported to the Board that the Town Treasurer, Town Comptroller, a representative of the New England Merchants National Bank and I met with Moody Investment in New York and pre- sented a good up-to-date picture of Lexington. We were highly complimented on our presentation and were advised that our rating would be changed from A to A- I, which is an improvement, but not the AA rating we were after. One significant factor was what action the Town will or will not take relative to finishing the Junior High Moody' s position seems to be that if in 1971 the Town voted and is selling bonds, it is doubtful they would agree to AA. If the Town did not vote and did not bond it, then it is likely that Moody Moody would give the AA rating Rating Mr. Mabee said that in other words, the addition would not put us in an AA category Mr O'Connell replied, yes; we don't agree with this in rela- tion; to other towns. They commented very favorably on ( I ) Lexington had paid off $ I M and (2) the fact that the Town had chosen a 5-year term rather than longer, although legally it could; it was a very prudent policy The Chairman said that in going through the presentation, look- ing at the comparison of the rating of other surrounding towns, they still couldn't see fit to raise our rating We are enjoying interest rates that would give us a better rating and 1 question why we con- tinue that service and the advantage in going to them Mr O'Connell didn't think anybody knew the answer, Moody has just started charging the fee Any change in Lexington' s rating is significant, these large investors have their own calibration and if they call Moody and get an A rating, they quote an AA interest rate Therefore, any change Moody makes is significant. We are a little bit in the dark now but we can learn Mr Mabee asked when Moody investment Service started charging? The Chairman replied that they voted the $600 fee a month ago and it just went into effect Mr Kenney asked if they were apprised of the possibility of the bonding of the Library? 2 ) 7 Mr O'Connell replied, yes, but they didn't comment specifically on that One significant thing came out of the discussion with them on this $600 fee, there is some amount of bond advertising that toes with the listing If they had reviewed the insured, then the bond buyers go in their regular bulletin the rest of it, I think, is purely an updating Mr Mabee said he was glad we did move up The Chairman agreed but said we would get the advantage of an M rating Mr Thomas Taylor met with the Board Mr O'Connell said that he had asked Mr Taylor to meet with us to answer, firsthand, questions relative to the flexibility or lack of flexibility of the Board of Education as it would refer to Janu- ary II Town Meeting The Chairman said that we have no objection to January II but, taking everything into consideration, to go through the mechanics during the Christmas holidays, we thought if you could go over to the next week, it would be better all around. Mr Taylor said that the Board of Education meets every month on the 26th and we don't know if we could get them to change the date and we would have to have a special meeting date with them Also, we want to be sure to complete Fahy referendum. The Emergency Finance Board meets twice a week and they just need a couple of days' notice The Chairman asked if he would rather have January II? Mr. Taylor replied, yes, even if it is on that date, we have a problem with a referendum and we must have that out of the way be- fore the State approves this project I haven't checked into the question of whether the State Board of Education would meet Special Mr O'Connell said that we thought we would have this meeting 9 Town first; we can explore that later Meeting The Chairman said if that' s the only problem, we could contact them and get them to call a meeting for you. Mr Taylor asked if the Board feels it is too close to the Holidays? The Chairman replied, yes; it means we would have to mail it on December 28 to guarantee delivery in seven days The Chairman said that it means we would have to mail it on December 28 to guarantee delivery in seven days; to back up, we have to get it to the printer before Christmas and it has to be addressed Mr. Kenney said that if Town Meeting is on January 18, you would have the 19th to 26th to get the vote, and to put aside the referendum - either way, you aren't going to have the outcome of a referendum. Mr Taylor said that on the 25th, you would know whether there would be a referendum; if so, you would be in a position to give the State Board of Education a copy of the vote without a contingency If it is on the 18th, you would have to wait for the 25th before we know whether there is going to be a referendum. 25 Mr Kenney said that you will know whether there will be a referendum; why not proceed? Mr Taylor said we would have to change the bids; if we re- ceive the bids on the 6th, we can't hold it on the 18th Novem- ber 23 gives bidders time to bid before Christmas The Chairman asked if he felt there was enough time for his dates to be to his best advantage and on January 6 and January II to make all the evaluations? Mr Taylor replied, yes, you can't get the bids too soon, the time period can't be too great, 'this gives time to get it into the newspaper and hold an informational meeting. The Chairman asked what Mr Adam' s position is to hold the newspaper? Mr Taylor said that Anne Scigliano had told him that if the bids are received on Wednesday, they would be in the paper. The Architect sees no reason for the bids not to come in on the 5th, and that will give us enough time. There may be a number of Articles in this Town Meeting and it is important that Town Meeting end on that Monday night, rather than Wednesday as that advances the referendum period. The Chairman said that they still have enough time We would like to get the housekeeping articles out of the way to reduce the March meeting and we don't see any important issue; we have no con- trol over citizen' s articles, we asked the Boards and Commission for just housekeeping and once we see what it looks like, we can recommend to wrap it up in two meetings. Mr Taylor said that he had asked through the Town Manager if the Selectmen are thinking of taking that Stedman Road area The Chairman said that would have to go on this Warrant; we will put in whatever you want The Board has requested that when you send in an Article, send in the whole sheet of what you want and we will insert them in that way Mr Legro asked if it is going to be a layout of a public way? Mr Taylor said they asked for a taking for school purposes, sidewalks and driveways on Stedman between Brookside and the Frank- lin School property Mr Legro said, which is crudely constructed The Chairman said that you don't want us to lay it out, then. Mr Taylor said, no. There has been a survey by Miller and Nylander Mr McSweeney said, not of Stedman Road Mr Taylor agreed, it is of our site Mr Mabee presumed he would need a description for the Article Mr Legro said we would need one adequate for a description for the Article and the Motion The Chairman said that Miller and Nylander has done the survey of the area, can they compile a plan for the purposes of an Article? Mr Taylor didn't know The question is who needs to prepare the plan, do you want Miller and Nylander? 1 259 The Chairman replied, yes, we will need this quickly if they have done the survey of the actual site. Mr Legro said that we need what to appropriate it for, too, there are various land owners abutting it, as far as we knew The Chairman asked if he knows anything about abandoning it by the County Commissioners? Mr. Legro said that from most of the County Commissioners' re- cords of the 19th Century, it is pretty hard to tell how they laid out a way Mr. McSweeney said there was no legal record in the minutes of a meeting and in the County Commissioners' offices whether it is a whole street or a half a street Mr Taylor said we still want the Selectmen to lay out the other half of it; it is still in the plan. Mr Legro said that taking of a footpath will present financial problems Mr. Taylor supposed we could get a footpath down through the playing field The Chairman said they could cut one 10 feet, the sidth of a bulldozer blade. You realize parents don't want the children walk- ing in the woods; if we got out in the open, we wouldn't have that complaint Mr Taylor said he would have the Architect look at the cost of it Mr Legro added, and maintaining it Mr. McSweeney said it was one thing to say you will do it and another thing to take on the liability of a footpath at Marrett Road. Mr. Taylor said that one other thing is if used by the Franklin School , still there is a problem as there has to be some footpath over to the Junior High Mr O'Connell said that relative to the problem at Marrett Road, has the Committee given any thought to the fire department' s position? They will ask for access He asked this question because it may be related to the footpath problem The Fire Chief has advised me that he would like to see an emergency access road from Marrett Road; from the concept of two roads, it would produce a bottleneck or one common meeting place at the school The Chairman asked Mr Taylor if the Department of Public Safety has approved it? Mr. Taylor thought they have, but not the final plan The Chairman asked if it were of just one access? Mr. Taylor replied, of two - one from Allen and the other from. Brookside The Chairman said, but not Marrett Road Mr O'Connell said that from the standpoint of emergency, the fire Chief pointed out that Brookside and Allen meet on the school site and they would like to be able to get at the other side of the building from the other side of the road The Chairman asked what is their reluctance to this? 260 Mr. Taylor said he didn't know how or where you would put a road as there is a tremendous length of road over some poor ground conditions, he doubted it would support a road and would cost a lot of money. Mr. Mabee said that Mr. O'Connell is asking for a sidewalk ten feet wide and to call it an emergency entrance for the fire depart- ment, and use it for a double purpose Mr Taylor said, if we get another sidewalk from some other place. Mr McSweeney said that the other way they all come in at the same point Mr. Kenney asked could we close off the existingobtpath7 Mr Taylor didn't know the answers but would look into them; he would see if we can find a place to put it. The Chairman reminded Mr Taylor that the Warrant closes on November 13; we will place you at number one, if that' s where you want to be Mr. Taylor agreed and retired from the meeting. Jan Special Upon motion duly made and seconded, it was voted to call the Town Meeting Special Town Meeting for Monday evening, January II , 1971, at 800 p.m Upon motion duly made and seconded, it was voted to authorize ABC Election the package goods stores to remain open during the usual hours on Day Election Day, November 3, 1970; motels and clubs may serve liquor during the usual hours Upon motion duly made and seconded, it was voted to accept Resignation with regret, the resignation of Franklin C Hudson from the Asso- ciate Members of the Historic Districts Commission, .effective December 31 , 1970 Upon motion duly made and seconded, it was voted to certify Cert of the character of the following who has applied for Certificate of Incorp Incorporation Edwin M. Schur 26 Hayes Avenue "Massachusetts Sociological Association, Inc " Upon motion duly made and seconded, it was voted to sign the Abatement abatement for sewer house connection to Barry R Perles, 4 Long- fellow Road, $ 17 10 billed in error Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen' s Meeting held on October 19, 1970 The Chairman read a letter from the Town Clerk regarding a Dem Town letter addressed to the Board from Daniel E Power, Chairman of Committee the Democratic Town Committee Mr Power serves notice of protest 26i over the recent selection of Mr Rooney as one of the Wardens for Democratic voters, Mr Rooney by his own choice has become publicly involved in the campaigns of candidates of another party, signing political ads and canvassing the town on their behalf Such ac- tions, we believe, are inconsistent with his selection as a War- den for Democratic voters and contravenes the intent and spirit of the Massachusetts election laws The Town Clerk stated that according to Norman Gleason, State Supervisor of Elections, there is no provision in the election law that says that an election officer can be removed for endorsing or working for a candidate of either party before the election But, on election day, according to the General Laws, C 54, s. 13 an election officer may be removed by the mayor, with the approval of Conflict the aldermen, or by the Selectmen, after a hearing, upon written of charge of incompetence or official misconduct preferred by the city Interest of town clerk, or by not less than six voters of the ward, or, in a town, of the voting precinct where the officer is appointed to act The Chairman said that the Town Clerk submits a list of Wardens to the Board. It is Mr. Rooney' s right to work for anyone he chooses, except on election day. Mr. Legro said that the Chairman of the Town Political Committee may submit a list and, if he does, the Board must make an appointment from that list, otherwise the Board makes appointments from the list of registered voters The Board agreed to reply to Mr. Power that it can find no pro- vision in the election law that says an election officer can be re- moved for endorsing or working for a candidate of either party prior to an election, but if he can find anything in the law to the con- trary, to inform the Board in writing and it will be considered further However, if the Board finds an election officer working for any candidate on election day, he shall be removed from his posi- tion Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on the following streets Sewer Orders Oakmount Circle Outlook Drive The Chairman informed the Board that three letters have been re- ceived from the Conservation Commission asking us to investigate three sites as possible violations of the Hatch Act. The Town Engi- neer has submitted a report stating, in part, the foldowing informa- Hatch Act tion Woburn Street opposite Marshall Road; This filling of land is definitely a violation of the Hatch Act and a Cease and Desist Order should be requested of the Department of Natural Re- sources 262 Carnegie Place The development of the pond and the filling of the surrounding area by Mr. Spagnolo does not conform to the subdivision control plan as ap- proved by the Planning Board This should be re- searched further but, in the meantime, it should be brought to the attention of the DNR Sellars Dairy Land - 430 Concord Avenue This ap- pears to be a violation of the Hatch Act as the own- er is filling in a low marsh area adjacent to a large Town brook that flows into Hardys Pond Upon motion duly made and seconded, it was voted to request the Deparmtnet of Natural Resources to issue Cease and Desist orders in the above areas The Chairman said that a request has been received from the Krebs Krebs School for traffic lights at Concord Avenue and Waltham School Street; a report has been received from the Traffic Committee that the Town Engineer will conduct traffic counts necessary to deter- mine whether a traffic light or a flashing light would be warranted at this location and the findings will be reported to the Board The Board agreed to discuss next week the nominations for an Outstanding outstanding municipal employee of 1970 to be submitted to the Employee Massachusetts Association of Cities and Towns The Chairman read a report from the Traffic Committee regard- ing Lincoln Street; it states that suggestions have been received from Mrs Westerman and residents of Lincoln Street but the Com- Lincoln mittee felt they were unacceptable The Town Engineer and Mr Street Zaleski recommend a non-standard Sign, to be used at Five Forks Traffic for a trial period and, depending on public reaction, be either removed or similar signs placed at other entrances to Lexington from State highways The Board agreed to inform the Traffic Committee that it agrees with the Committee' s position on a non-standard sign but with a much reduced legend Mr O'Connell will work with them to accomplish this and, as soon as the legend is agreed upon, to in- form the Board The Chairman said that the Traffic Committee has received a complaint from Mr John' s Beauty Salon regarding the former Douglass Douglass parking lot being occupied by all-day parkers, leaving no space for Parking his customers Lot The Board agreed to inform Mr John that complaints should come to the Board to be processed Mr O'Connell was instructed to implement the accepted plan to meter the lot with used parking meters and Mr John will be so advised 263 The Chairman informed the Board that he had talked with Mrs Kelley of 93 Sylvia Street, Arlington, regarding her request to purchase Lexington-owned land located at the rear of her home No one knew how we acquired the lot and rather than research it, I Kelley asked Mrs. Kelley to meet with me Mrs Kelley wants to purchase Request lot #13 to be combined with lot #26 only and to be used as a sepa- rate building lot The Board agreed to inform Mrs. Kelley that it would only con- cur selling lot #13 to be annexed with both lots #26 and #27 and that to be considered one building lot 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 any 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, ft was voted to adjourn at 10 20 p.m A true record, Attest ' Executive Clerk, Selectmen F 2s SELECTMEN'S MEETING November 2, 1970 A regularmeeting of the Board of Selectmen was held in the Bird Room, Cary MemorialBuilding, on Monday evening, November 2, 1970 at 7 30 p.m Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present, Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; and Mrs. McCurdy, Executive Clerk. At the request of the Town Clerk, three jurors were drawn as follows Jurors Allan H Greenleaf 49 Colony Road William Irwin 14 Sherman Street Peter Liepkalns 18 Albemarle Avenue Hearing was declared open upon the petition of Ginn & Company for the installation of two 10,000 gallon underground tanks for storage of fuel oil to be used to heat the building on the premises at 191 Spring Street Ginn & Co A notice of the hearing was inserted in the October 22, 1970 is- Fuel Oil sue of the Lexington Minute-man and sent by certified mail to the Hearing abutters, as listed on the records of the Assessors. Application was approved by Chief Spellman of the Fire Depart- ment Mr Ralph Owens, representing Ginn & Co. was present and said that they plan on putting it in a vault and it is to be used only for heating purposes, it would be No 6 oil 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 Ginn & Company to install two 10,000 gallon underground tanks for the storage of No 6 fuel oil to be used for heating the building on the premises at 191 Spring Street Mr Zehner met with the Board to ask for formal approval of the sellingof bonds on last WednesdayThe First National Bank at the interest rate of 4.20% was low bidder We had 13 bids, which spread Town Office from Boston, New York, Miami and Chicago, there were bids from five Building major Chicago banks as there is interest in our bonds in the mid- i Bond west After we sold at 4.20, Burlington sold an A-rated issue at 6.20, 24-hours later, Wellesley sold at $ 1 M AAA issue at 4.5%. The difference is, we offered a 5-year maturity, Wellesley, 10-years, Burlington, 20-years. It is the short maturity issue that lends fovor in the bond market and the intermediate and long term issues are not bid for Mr Perry and I made a quick calculation and deci- sion to go for a 5-year maturity rather than 10-years, and saved the Town over $100,000 in interest over the life of the bonds We are fortunate that the timing was such as to coincide with the downturn in the interest rates. Our meeting with Moody resulted in a raise from A to A- I rating, we think we should have been AA ri Upon motion duly made and seconded, it was voted to authorize the Treasurer to cause facsimiles of our signatures to be engraved or printed on the following 4.20 percent bonds of the Town dated December I , 1970 Upon motion duly made and seconded, it was voted that the sale of the following 4.20% bonds of the Town dated December I , 1970, $790,000 Municipal Purpose loan of 1970-Within Debt Limit (Nos I to 158) payable December I , $ 160,000 in 1971 to 1973 and $ 155,000 in 1974 and 1975, to the First National Bank of Boston at 100 053999 and accrued interest is hereby confirmed Mr Zehner retired from the meeting Mr Legro informed the Board that he had reviewed the Boston Blacktop Corporation contract for two tennis courts and had signed Tennis Ct it; the insurance certificate has been extended to November 22, Contract 1970 Mr. Legro said that he had reported at the last meeting that the time for recording of the Order of Taking for the Crawford property would expire on Wednesday, October 28, and he had left it that Mr Christoforo would get in touch with me for a closing on Crawford Tuesday afternoon; Mr Christoforo was unable to do that but, to- Order of day, he did. Therefore, I request that the Board rescind the pre- Taking vious order and vote tonight to adopt one. Upon motion duly made and seconded, it was voted to rescind the Order of Taking of the Crawford land, with an award of $ 10,000, voted by the Board on September 28, 1970 Upon motion duly made and seconded, it was voted to adopt the Order of Taking of land owned by George H Crawford on Hayden Ave- nue, with an award of damages in the amount of $ 10,000. Mr O'Connell informed the Board that he has received two re- quests for transfers ( I) from the Board of Health for $ 1 ,000 for additional expenses associated with the Lexington Visiting Nurse Association. Transfers Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer in the amount of $ 1 ,000 from the Reserve Fund to the Board of Health Mr. O'Connell said that the second request is from the Comp- troller for $2521 and does not have to be acted on before November 30; this request is for funds to cover the cost of increase in pay- ment for non-contributory employees in the retirement fund. The Board agreed to hold this request Mr. O'Connell informed the Board that we have awarded the con- tract for No 2 oil to the Lexington Coal & Oil Co Inc , for the Fuel Oil coming season and this means the Town has it all under contract Contract This contract is for 035¢ per gallon above Boston posted tank car price and includes all repairs and maintenance to fire boxes We received a second bid from Mystic Oil of Medford but we placed it 266 locally on the availability of service on a 24-hour basis Our fuel oil is now in good shape as far as having it under contract. We are looking into the possibility of keeping our own tanks as full as possible Boundary Mr O'Connell informed the Board that he had received two re- Perambula- plies to our letter regarding the perambulation of Town boundaries tion Arlington and Belmont have Suggested dates and Mr O'Connell is to contact them tomorrow to confirm them The Chairman read a letter from the Knights of Columbus re- questing permission to extend the hours of operation of club liquor K of C licenses until 2 00 a.m. on New year' s eve. New Year! S Upon motion duly made and seconded, it was voted to grant per- Eve mission to the Lexington Council Knights of Columbus Building Asso- ciation, Inc to extend the hours to 2 00 a.m. on New Year' s eve; subject tot the outcome of the vote on November 3, 1970 Upon motion duly made and seconded, it was voted to sign the application for approval of the Alcoholic Beverages Commission for the following Sheraton Lexington Motor Inn Liquor Lexington Lodge of Elks License Knights of Columbus Berman' s Market Lexington Liquor Mart Vinebrook Bottle Shop The Chairman read a letter from the State DPW requesting the Board of Selectmen to consider the acceptance of approximately 0.6 miles of Woburn Street following completion of reconstruction work Mr Legro said that if you don't lay it out, it creates some problems, he thought it would be preferable to lay it out as a town way and then accept it at Town Meeting Woburn Mr Greeley asked why we can't just accept the State layout? Street Mr Legro said if we are going to do it completely, we should lay it out; we will use the same location but with a different layout. Mr Mabee asked what our responsibility would be if we ac- cepted it? The Chairman said that we would do everything, plowing, sand- ing, etc Mr Greeley asked what happens if we say we don't want it? The Chairman said that the State would have to keep it and maintain it. Mr. Mabee asked what is the advantage to us? The Chairman said that it is new. He felt the Board should have a policy as to whether we take it or not 267 Mr. Greeley felt we should receive some gain for it. The Chairman pointed out that the State reconstructed it before they offered it to us The Board agreed that Mr O'Connell and Mr McSweeney will get together and discuss the matter and report back to the Board The Chairman read a letter from the Massachusetts Port Author- ity regarding new noise abatement procedures for Hanscom Field; a Hanscom copy of the flight pattern was enclosed. Field The Board agreed to forward this to the Minute-man .inn order to inform the citizens of the Town Upon motion duly made and seconded, it was voted to grant the request of the Mystic Valley Gas Company to locate a 2-inch high gas Permit main in Phinney Road and Fairbanks Road to service the home at Fair- banks Road. The Chairman read an invitation from the Town Celebrations Com- mittee for the Board to participate in the exercises on Veterans' Veterans' Day, November II , 1970 Day Members of the Board will attend. The Board agreed to set up an appointment for next Monday to meet with the Planning Board on Worthen Road Worthen Rd. The Chairman informed the Board that a report has been received from the Traffic Committee regarding the traffic situation on Bridge Street, stating that according to the informal traffic counts by residents, approximately 100 cars use the street during the after- noon peak period between 4 00 and 6 00 p.m , thus, the volume of traffic is certainly not so high as to warrant any regulatory meas- ures (2) Secondary streets have a speed limit of 30 mph, which is established statewide and may only be changed with the approval Traffic of the Massachusetts DPW and the Registry of Motor Vehicles and it Bridge is against the policy of these authorities to deviate from the Street standard speed limit The request for a reduction cannot, there- fore, be complied with regardless of its merits (3) The Chief of Police will continue the surveilliance of Bridge Street and the strict enforcement of legal speed limits and other regulations (4) Making a street one-way or restricting turning movements at an intersection requires approval of the Massachusetts DPW It is our understanding that one-way streets may be established when traffic volumes are so high that two-way operation puts a strain on the capacity of a street (which does not apply to Bridge Street) and when an approximately parallel street provides for traffic in the other direction In other words, one-way streets are used to move the traffic more effectively, rather than to impede it The same general policy applies to the restriction of turning movements It is the opinion of the Traffic Committee that neither is warranted 2i8 or likely to receive State approval as regards Bridge Street Should the Selectmen wish to pursue this further and apply for State ap9 prove ! , comprehensive study of traffic volumes and turning movements will be necessary, the same type of study would be needed for a stop sign The Traffic Committee recommends the renovation of replacement of the "Slow Children" sign; and also recommends the installation of a sidewalk in the remainder of Bridge Street Other than possible speeding violations, which can only be controlled by enforcement, the Traffic Committee is not aware of any conditions which make Bridge Street different from other Lexington streets or require special cor- rective treatment. After discussion, the Board agreed to accept the recommendations of the Traffic Committee regarding the replacement of the "Slow Chil- dren" sign and to consider the installation of a sidewalk on Bridge Street at budget time; and to so inform Mrs. Arlan, of 54 Bridge Street Upon motion duly made and seconded, it was voted to instruct the Town Manager to make arrangements for the replacement of the "Slow Children" sign on Bridge Street The Chairman read a memo from the Chairman of the Traffic Commit- tee stating that he had received a telephone call from Mrs. James P. Walsh, 19 Bertwell Road, regarding a traffic caution sign Mrs. Bertwell Walsh has one blind child and another with serious vision impairment Road Sign and she had contacted a Town official about a sign, she had forgotten the official ' s name and had been referred to Mr Zaleski , who was unable to determine which official she had spoken to The Board agreed to request the Traffic Committee to look into the matter of a sign and submit a report The Board agreed not to submit nominees to the Massachusetts Selectmen' s Association and Massachusetts League of Cities and Towns for the outstanding Town Employee and Distinguished Citizen!,S Awards. 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 repu- tation 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 meeting Parks and The Board discussed the Regulations for Parks and Playgrounds. playgrounds Upon motion duly made and seconded, it was voted to amend the Regulations regulations for Parks and Playgrounds by adding paragraph la 1 269 la It is forbidden to be in or on Sutherland Playground, Willards Woods or Kineen' s Pond, except when skating is permitted, between the hours of one-half hour after sunset to one-half hour before sunrise, without permission from the Board of Selectmen or the Town Manager. Mr. Greeley abstained from voting Upon motion dulymade and seconded, it was voted to adjourn at PJ 10. 15 p.m. A true record, Attest .4)1 &/„.„,.., ;37 Executive Clerk, Selectme L x"70 SELECTMEN'S MEETING November 9, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, November 9, 1970 at 7 30 p.m. Chairman Cataldo, Messrs Mabee, Kenney and Bailey were present, Mr Legro, Town Counsel ; Mr O'Connell , Town Manager, Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs McCurdy, Executive Clerk, were also present. Hearing was declared open upon application of Lexington Gardens Inc for permission to keep 20,000 gallons of fuel oil in two 10,000 gallon_underground tanks to be used to heat the buildings on the premises located at 93 Hancock Street, Lexington This application is for one new 10,000 gallon underground tank to be installed on the premises Notices of the hearing were sent to the abutters as listed on the records of the Assessors, and inserted in the October 29, 1970 issue of the Lexington Minute-man Application was approved by Chief Spellman of the Fire Depart- Lexington ment Gardens John Milliken, Jr., representing Lexington Gardens, Inc , in- Fuel Oil formed the Board that they are installing a new boiler and a whole Permit new heating plant and need an additional 10,000 gallon tank for #6 fuel oil , the tank will be completely buried The Chairman asked if anyone had questions? Hearing none, the Chairman declared that part of the hearing closed. 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 Lexington Gardens Inc to install an additional 10,000 gallon underground tank and to keep and store 20,000 gallons of fuel oil in two 10,000 gallon underground tanks to be used to heat the buildings on the premises at 93 Hancock Street. Hearing was declared open upon petition of Boston Edison Com- pany to locate two poles on Massachusetts Avenue northeast of Marrett Road Notices of the hearing were mailed to the petitioner, owners of the property as listed on the petitioner' s plan, and also filed Poles Mass with the Town Engineer. Ave. North- Mr. Pratt, representing the Botton Edison Company, was present east of and said that this petition is at the request of the Town for two Marrett Rd. poles for street lighting at the intersection of Marrett Road No one appearing in favor, the Chairman asked if anyone was in opposition 27 Mr Robert Perkins, Manager of Minute-Man National Park, was g present and asked what is the reason for the petition? The Chairman replied that the Town has requested that two poles be installed there to light the area for traffic at night for safety reasons Mr Perkins asked if the Board had seen the last plan the State DPW has put out in reference to Route 2A; it cuts across this loca- tion, so these poles actually will be a temporary thing The Chairman agreed Mr Perkins asked if these would be the only poles to be in- stalled at this time? The Chairman replied, yes Mr. Perkins added that when the Park Service gave permission, I understand it was just for the road itself and no other installation for any other facility such as street lights The other question is, would Boston Edison go underground? The Chairman replied that we need a pole to set the light on, regardless, we would need these two poles; it is going to be tempor- ary until the whole area is reconstructed. Mr. Perkins said okay; as I understand it, at this right of way at the new Massachusetts Avenue at the present Route 2A, there are no utilities The Chairman replied, yes Mr Perkins thought perhaps the Park Service could issue Boston Edieon a special use permit for three years, would this be satis- factory? The Chairman asked Mr McSweeney if we own the fee on this area? Mr. McSweeney replied, yes; the Park Services own the land up to the other side The Chairman said he understood the State had turned the fee over to the Town of Lexington Mr Pratt said that his plan indicates it is still a public way. The Chairman said that we could leave it this way, if Park Ser- vices own it, a permit could be issued by them. Mr Perkins agreed; he said that a permit could be issued for three years with no fee. The Chairman said that we will look into it; -he addressed Mr. Perkins and said, as far as you are concerned, you would issue a permit to the Boston Edison Company? Mr. Perkins replied, yes The Chairman said that we will keep you informed. Mr. Pratt said that Mr Jones of the Boston Edison Rights and Permits will contact Mr Perkins The Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company for the following location Massachusetts Avenue, northwesterly side, northeasterly from a point approximately 143 feet northeast of Marrett Road - Two (2) poles 72 Hearing was declared open upon petition of the Boston Edison and New England Telephone Company for the relocation of one pole on Worthen Road, northwesterly side, southwest of Bedford Street, approx- imately 676 feet; one existing JO pole to be removed Notices of the hearing were sent to the petitioners, owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, was present and said that this petition is to clear the road for the sidewalk going in on Worthen Road; the pole will be moved back about lJ1 feet. 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 Boston Edison Company and the New England Telephone Company for the following location Worthen Road, northwesterly side, approximately 676 feet south- west of Bedford Street, One ( I ) pole (existing JO pole to be removed) Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Company for the relocation of four poles on Worthen Road approximately 60 feet southwest of Bed- ford Street, four existing JO poles to be removed Notices of the hearing were sent to the petitioners, owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer Mr Pratt said that this petition is for the same reason as the previous petition; we are pushing the poles back between I and 2 feet No one appearing in favor or in opposition, the' Chairman de- clared the hearing dlosed 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 Worthen Road, northwesterly side, southwesterly from a point approximately 60 feet southwest of Bedford Street, four (4) poles (four exitting JO poles to be removed) Mr Zehner, Town Treasurer, met with the Board He requested Town Office the Board to sign the Signature and No Litigation Certificate with Building reference to the bonds of the Town Office Building. Upon motion duly made and seconded, it was voted to adopt and sign the certificates with reference to the bonds of the Town Office Building. Mr. Legro explained that the Selectmen had previously voted to permit 64 Pleasant Street to be connected to the sewer system subject 273 to his approval of the instruments granting the easements and stated Sewer that, in his opinion, the instruments presented to this meeting cor- 64 Pleasant rected the matters which he found objectionable in the instruments Street previously recorded without Town approval Upon motion duly made and seconded, it was unanimously voted to execute, upon proper execution by all other parties thereto, two instruments presented to the meeting by Mr. Legro whereby the Town declines to accept and releases the rights and easements purporting to be granted for the benefit of the property at 64 Pleasant Street in instruments recorded without the knowledge or approval of the Town in Middlesex South District Registry of Deeds, Book 11856, at pages 222 and 223, and declares the proposed sewers in said easements shall be sewer services only and not sanitary sewers of the Town, and whereby the owner of the property at 60 Pleasant Street convenants for himself and his successors in title that said property shall not be connected to the sewer service in his land without first giving notice to the Town, paying the cost of connection and the charge in lieu of betterments and obtaining a Town permit to make such connection Mr O'Connell said that Article 53 of the 1970 Annual Town Meeting authorized the construction of a playground on Garfield Street; the Board asked that it be held up because of the study Garfield being conducted. According to the Planning Board conclusions, Playground the Garfield Playground plans would not interfere with it and my question is, should we go forward? The Board agreed to instruct Mr O'Connell to go forward with the plans for the Garfield Playground Mr. O'Connell said that it would depend on weather conditions. Mr. O'Connell reported to the Board that the perambulation of boundaries had been completed with Belmont and Arlington He be- Boundary lieved that Woburn would not respond to our letter as cities are Perambu- not legally obligated to do this, they did not in 1965 We will lation proceed to line up appointments with Bedford, Lincoln, Winchester, Burlington and Waltham Upon motion duly made and seconded, it was voted to inform the package goods stores to remain closed on Veterans' Day, Novem- ber II , 1970, motels and clubs may serve liquor during the usual hours. ABC Upon motion duly made and seconded, it was Voted to inform the package goods stores to remain closed on Thanksgiving Day, November 26, 1970, motels and clubs may serve liquor during the usual hours Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer to defer for a period of Kroll three years the sewer betterment assessment levied against the Betterment property owned by Mrs Alice I Kroll, without interest, in the amount of $ 1 ,258 88 274 The Chairman read a letter from the Superintendent of the Lexing- Post Office ton Post Office requesting the approval of moving the sign reading Sign - Grant "No Parking Here to Corner" to a more appropriate spot closer to the Street corner of Massachusetts Avenue on Grant Street. Upon motion duly made and seconded, it was voted to refer this request to the Traffic Committee for a recommendation Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on October 26, 1970. The Chairman read a letter from Mrs Susan E. Waldstein, head- ing speech therapist, at the Hancock School , regarding hunting off Waltham Street; she feels that all hunting activity in this area should be stopped immediately Hunting The Board agreed to reply to Mrs Waldstein that this is a Complaint specified area for permits to be issued but the restrictions still hold that a firearm cannot be discharged within 150 feet of a street or 500 feet from a dwelling; no firearm can be carried ex- cept in a broken position along a highway and these regulations are strictly enforced by the Police Department Also, to inform Mrs. Waldstein that the Board has agreed to insert an article in the Warrant for the Special January, 1971 Town Meeting to abolish hunting within the Town The Chairman read a letter from Mrs. Frederick W Tausch, Jr , 6 Fairlawn Lane, regarding the intersection of Lowell Street and Winchester Drive and requesting a crossing guard until the install- ation of a pedestrian light is approved by Town Meeting The Chairman said that Town Meeting appropriated money for this light and the application has been submitted to the State DPW Winchester Mr. McSweeney said that he had talked with Mr. Krekorian, Drive - State DPW Traffic Engineer, regarding the approval of the pedes- Lowell St trian light and also the schedule for construction and installa- Pedestrian tion of it; an immediate reply was requested Light The Chairman said that in the meantime Mrs Tausch is asking for a crossing guard; the salaries for the guards are in the bud- get and the money is all committed. The Board agreed to reply to Mrs Tausch that as soon as we hear from the State DPW we will once again discuss the situation and inform her of the Board' s decision The Board discussed the liquor fee for restaurants. Upon motion duly made and seconded, it was voted to set the Restaurant fee for restaurant liquor licenses at $2500 00 Liquor The Chairman said that all applicants must submit the fee at License Fee the time of application, plus a plan to scale showing entrance and egress, seating capacity; location of tables, storage areas, delivery doors and location of service bar The Board agreed that the owner has to submit a plan and Chief Spellman will have to certify his approval SIJ Mr. Legro discussed the bill submitted by Henry E. Keenan & Com- pany as an expert witness in the case of R Curtis Hamilton, Trustee Keenan vs Town of Lexington, in the amount of $604 55 There is a balance Bill of $5,000 in Article 78 of the 1967 Annual Town Meeting appropriation Hamilton and Mr Legro is to send a letter to the Board requesting payment of Mr Keenan' s bill The Board discussed the Articles for the January II , 1971 Special Town Meeting I . To abolish hunting Warrant 2 By-Law change - mailing the Warrant Articles 3 Acceptance of gift of $300 - Georgie Burr Smith 4 Acceptance of gift of $ 1500 - Katherine Harrington - Seedling forest 5 Authorization to spend Federal funds on relief sewer Mr. Kenney read an item in the Herald newspaper regarding the bi- centennial celebration and recommendations made by Secretary of the Interior Hickel that seven additional sites in Boston be federally Bicen- acquired or administered under cooperative agreements by the National tennial Park System Secretary Rickel noted there were several other land- marks of exceptional historical value such as the Revolutionary Monu- ment on Green and Buckman Tavern The Chairman said that these cannot be taken without us turning them over to them We will write to Secretary Hickel and explain the matter clearly to him Upon motion duly made and seconded, it was voted to go into Exec- utive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, 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 II 05 p.m A true record, Attest 1 >A- Executive,31/3/ Clerk Selectmen 27(i SELECTMEN'S MEETING November 16, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, November 16, 1970 at 7 30 p.m Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were also present Mr Legro requested the Board to sign two releases with respect Release to the property at 64 Pleasant Street which were voted by the Board at the last meeting Mr O'Connell reported to the Board on the perambulation of boundaries. Bedford has been done, Mr Bailey went on this one Perambula- Winchester has asked for Thursday, November 19, and Lincoln has tion asked for any work day next week Mr. Kenney agreed to perambulate the Winchester boundary on November 19 Mr O'Connell said that a request has been received from the Comptroller for a transfer of $2521 for additional funds for Fire Transfer and Police pensions Upon motion duly made and seconded, it was voted to request the Appropriations Committee for a transfer from the Reserve Fund to Fire and Police pensions, in the amount of $2521 Mr O'Connell informed the Board that bids had been taken on November 5 for interceptor and lateral sewers, force main and pump- ing station on Waltham Street-Five Fields There was considerable Sewer interest in bidding and twelve bids were received Crowley Asso- Contract ciates, Inc of Leominster bid $574,320; D DiMartino of Franklin, $585,505, Modern Continental Construction Co Inc , $595,960 The Town Engineer recommends, and I concur, to award the contract to Crowley Associates, Inc. Upon motion duly made and seconded, it was voted to award the contract for interceptor and lateral sewers, force main and pumping station to Crowley Associates, Inc , 25 Mohawk Drive, Leominster, Massachusetts in the amount of $574,320 Mr O'Connell read a letter from Mr. Mistretta to Mr McSweeney regarding our request of October 16, 1970 to construct a sidewalk Marrett Rd on Marrett Road The letter states that prior to granting a permit Sidewalk for the construction of sidewalks within the State Highway location lines by Towns or Cities, the approval of the Governing Body (Board) of Selectmen) to the following agreement shall be on record with the Department. The Town will 277 1 Provide funds for and place the sidewalk surface 2 Be responsible for maintenance and snow removal on the completed sidewalk 3 Be responsible for all slope easements and all grade damage claims by the abutters 4 Make no assessments on abutters for work done by the Town under a permit issued by the State Mr Greeley said that this agreement says we shall not make as- sessments, so we cannot do it Mr. McSweeney said that this is a policy letter and I have already checked it out with the DPW and we can assess betterments. Upon motion duly made and seconded, it was voted to request a permit from the State Department of Public Works to construct a side- walk on Marrett Road, subject to the first three conditions aet forth by the State (Route 2A-Elena Road to Lincoln Street) Mr O'Connell informed the Board that he had received a letter from the District Highway Engineer regarding the pedestrian light at Winchester Drive and Lowell Street. The State DPW makes no date commitment Winchester The Chairman said that he had answered Mrs Tausch last week Drive- that we are requesting a schedule and when it is received, we would Lowell St consider what to do Pedestrian Mr McSweeney said that they are saying it is going into the Light design section The Chairman asked if we could get a more definite answer? In fairness to the interested people, we have to either get a commit- ment from the State or decide what we are going to do If it is going to take six months, should we do something on an interim basis? Mr O'Connell said that we will continue to push on it and see if they can give us a time schedule Mr. O'Connell informed the Board that our DPW has reviewed the problem at 2127 Massachusetts Avenue, as a result of a request from Mrs Stanton, regarding the ditch between the street and sidewalk in front of her home A bituminous concrete curbing could be in- Stanton stalled on both sides of Massachusetts Avenue from Worthen Road to Request Audubon Road and the area loamed and seeded for the entire length The Chairman asked when they would construct this? Mr O'Connell said that this could be done quite soon The Chairman said that we have voted several of these and none have been done yet Mr McSweeney said that he needs an opportunity to review these requests and will include this request and report back to the Board on next Monday evening Mr O'Connell reported to the Board that a letter has been re- ceived from the 4-H Club, thanking us for the use of Lincoln Street 4-H Club site for the fund-raising fair, the Club raised $ 100 for the drug problem in the Town 278 The Chairman read a letter from the University of Massachusetts Irwin enclosing a completion certificate for Donald K Irwin' s attendance Award at the Municipal Building Officials' Conference on October 5-9 1970. The Board agreed to award the certificate to Mr Irwin at the next meeting The Chairman read a letter from the Post Office requesting ap- Post Office proval of the installation of an additional collection box on Request Massachusetts Avenue, opposite Waltham Street, on the new Colonial Mall The Board agreed that Mr. McSweeney is to talk with Mr Walker of the Post Office Department The Chairman read a letter from John F Cogan, Jr., enclosing a draft of a proposed amendment to the By-Laws, Article XXIV, s. 6 By-Laws and s 25 After discussion, the Board agreed to write to Mr Cogan and explain that the Board feels something should be done in these areas but we would evaluate the complete problem in depth and come up with amendments that should be satisfactory to all . Cert of Upon motion duly made and seconded, it was voted to certify the lncorp character of Thomas D O'Neill , 24 Meriam Street, who has applied for a Certificate of Incorporation, "Sno Tek Ski Club, Inc " The Chairman read a petition from the tenants of Greeley Village 111for repairs to Tewksbury Street to provide safe access to the Village for the elderly pedestrians and vehicular traffic Mr O'Connell said that he had written to Mr Scanlon, Chairman of the Housing Authority, to inform him that the petition would be presented to the Board but pointed out that Tewksbury Street is a Tewksbury private way and he hoped it would be made clear to the residents of Street the Village that the deplorable condition of Tewksbury Street is Petition entirely the result of how the property owners, who are responsible, choose to have it Also, that the matter of petitioning for accept- ance by the Town is a matter for the owners and, in any event, before the Town would consider acceptance, it would have to be repaired to Town specifications It might be helpful if we could get the residents to use Shirley Street The bus stop is at Tewksbury Street and if we could get it moved, it would avoid one excuse for using Tewksbury Street Another thing, the taxis used by the residents travel over Tewksbury Street and we could instruct the Taxi Company to request the drivers not to use it Mr Greeley said that we must write to the petitioners, telling them we believe the residents of Tewksbury Street do not wish to have it improved at this time and prefer that people use Shirley Street; we would encourage them to follow that pattern 279 The Chairman said that if we write them and tell them to use Shirley Street, the people on Shirley Street will be down on them It would be best if we tell them We could answer them that Town Meeting would have to accept this street and we are of no mind to submit it The Board agreed. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification Card for Judith C I .D. Card Dorion, 5 Park Street Upon motion duly made and seconded, it was voted to sign the abatements for water rate billed to the following Water Raymond Simpson $ 3.85 Wrong Billing Abatements Earl Outhet 234.83 Double Billing Upon motion duly made and seconded, it was voted to grant the request of the Comptroller to rescind the vote of September 21, Amaral 1970 to abate the water bill sent to Dr M.F Amaral , 177 Cedar Water Bill Street, in the amount of $ 156 45, abated in error Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on November 2, 1970 Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sidewalk on the following streets Marrett Rd Sidewalk Marrett Road-westerly side from Elena Road to Lincoln Street Order Taft Avenue-southerly side from Sutherland Road to Ellis Street The Chairman read a recommendation from the Traffic Committee that additional school zone signs be installed between the Muzzey Junior High and the Munroe School Also, a recommendation that the condition of all school zone signs be watched by the Police Depart- Traffic ment and any signs becoming dilapidated, damaged or poorly visible School be renovated, replaced or visual obstructions cleared as a matter Zones of routine maintenance by the Public Works Department Sign Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee that additional school zone signs be installed between the Muzzey Junior High and the Munroe School . Also, to accept the recommendation regarding school zone signs The Chairman read a recommendation from the Traffic Committee regarding a request from Mrs. Walsh, 19 Bertwell Road, for the in- Traffic stallation of a cautionary sign The report states the Committee Walsh can suggest no cautionary sign for Mrs Walsh other than the stand- Request and "Blind Child " The alternative is a standard "Caution Children" sign which we all agree is generally disregarded because it is seen so often and requires no specific action 280 The Board agreed to instruct the Town Manager to make the neces- sary arrangements to install a "Caution Children" sign on Bertwell Road and to so inform Mrs Walsh The Chairman read an excerpt from the Traffic Committee regard- ing a request from Mr Cosgrove that speed signs be posted on Hart- Traffic well Avenue. The report states this is not possible since the Cosgrove State DPW does not permit posting except on streets subject to Hartwell special speed zone; Chief Corr has promised to concentrate on the Avenue enforcement of speed laws on Hartwell Avenue and this is considered a more effective way of controlling violations than posting addi- tional signs The Board agreed to reply to Mr Cosgrove that we cannot legal- ly approve his requests but Chief Corr will enforce the speed laws as they exist. The Chairman read a letter from B.E. Jordan, Chairman of U.S Senate Committee on Rules and Administration regarding prayer Prayer breakfasts for community leadership. Mr. Jordan states that if we Breakfasts would be interested in having a prayer breakfast, he would be happy to send us the format used in the Senate Breakfast Group After discussion, the Board agreed to acknowledge Mr. Jordan's letter and thank him for his interest. Mr. Mabee informed the Board of a vacancy on the Drug Advisory Committee because of the resignation of Rev. Lund. At the meeting of the Committee, it was the unanimous recommendation to request the Board to appoint Jack H. Monderer as the 5th member of the Committee. Drug Upon motion duly made and seconded, it was unanimously voted Advisory to appoint Jack H Monderer a member of the Drug Advisory Committee, Committee effective immediately Mr Mabee said that if the Board would like to have a tie-in with the Council of Churches, the Drug Advisory Board would be amenable. The Chairman said that the Council of Churches wanted to be part of it to the appropriating of money, and they haven't, as far as I know Mr Mabee said that we could have a 6th non-voting liaison man. The Board agreed that the Drug Advisory Committee could have a liaison with the Council of Churches Mr Temple Scanlon of the Housing Authority requested the Housing Board to sign the contract for Financial Assistance by and between Authority the Commonwealth of Massachusetts and the Lexington Housing Contract Authority Fin. Aid Upon motion duly made and seconded, it was voted to sign the contract for Financial Assistance by and between the Commonwealth of 1 281 Massachusetts, acting by and through the Commissioner of the Depart- ment of Community Affairs and the Lexington Housing Authority, sub- ject to the approval of Town Counsel 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 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 insert the following Articles in the Warrant for the Special Town Meeting of January II , 1971 Special I Reports January Meeting 2. Appropriations for Junior High School building Articles ( Inserted at the request of Permanent Building Committee) 3 Stedman Road land taking for Junior High School site ( Inserted at the request of Permanent Building Committee) 4 Authorization to spend Federal funds on relief sewer ( Inserted by Board of Selectmen) 5 Abolish hunting ( Inserted at the request of the Hunting Committee) 6 Appropriation for Fire Department budget ( Inserted at the request of the Town Manager) 7 By-Law change - mailing of warrant ( Inserted by Board of Selectmen) 8 Zoning maps - Planning Board ( Inserted at the request of the Planning Board) 9 Acceptance of gift - Georgie Burr Smith - $300. ( Inserted by the Board of Selectmen) 10 Acceptance of gift - Katharine Harrington - $ 1500 ( Inserted by Board of Selectmen) II. Outdoor Tennis Club ( Inserted at the request of 100 or more registered voters ) I 2842 12 Covenant Church re-zoning ( Inserted at the request of 100 or more registered voters) 13 Meagherville ( Inserted at the request of 100 or more registered voters) Upon motion duly made and seconded, it was voted to adjourn at 10 52 p.m A true record, Attest Executive Clerk, Selectmen 1 1 283 SELECTMEN'S MEETING November 23, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, November 23, 1970, at 7 30 p.m Chairman Cataldo, Messrs Kenney and Bailey were pres- ent Mr Legro, Town Counsel , Mr O'Connell , Town Manager, Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were also present Mr Legro informed the Board that he had reviewed and approved Financial the contract signed by the Board on November 16, 1970, subject to Aid his approval, for Financial Assistance by and between the Common- Housing wealth of Massachusetts and the Lexington Housing Authority Auth Cont Mr O'Connell informed the Board that a petition has been re- ceived by the Planning Board, signed by 726 citizens, for a request for a public hearing on Citizens' Article 13 in the Special Town Meeting Warrant (To see if the Town will vote to authorize the Conservation Commission to purchase or otherwise acquire and author- ize the Selectmen to convey for conservation purposes ) The Chairman said that we all recognize there is no legal requirement for this. No one has seen a report on this to see what the Board' s position will be Mr Kenney said that the Planning Board is deeply engrossed in this problem The Chairman asked on what basis should they hold a hearing on this? Meagher- Mr Kenney replied, to accomodate the public. ville The Chairman said regardless of what they say, it is under the jurisdiction of the Board of Selectmen It would take the whole of Meagherville and turn it over to conservation; it is not all tax title Mr Legro said he didn't know if there was any other land other than tax title that is owned by the Town, it is a very peculiar ap- proach The Chairman said that we were not petitioned. Our answer should be that the Board has reviewed the request of the Planning Board and where there is no statutory requirement for a hearing, the Board feels there is no real basis for a hearing There are going to be hearings on Meagherville at that time for implementa- tion of the study; their attorney felt there was a requirement of the Planning Board. Mr Legro added there will also be an adequate opportunity for them to be heard as these matters are covered by infor„mtional meetings of TMMA 284 The Chairman said there is no reason for them not to cover all this at their informational meetings. Mr Bailey recommended that the Conservation Commission get all the facts Mr Legro said he thought they did but the Commission demurred until after the study. The Board agreed not to hold a hearing as there are many ave- nues of recourse for the petitioners to make their feeling known. If they would like to submit a petition to the Board, it would be very happy to accept it. Mr O'Connell said that as a matter of information for the Board that he had received a letter from an Attorney for Choate, Foster Hall and Stewart regarding a bequest from Mrs K. Claudine Foster Bequest in the amount of $300 for flowers for Munroe Cemetery This is a new one and this money won't be available until about a year from now. Mr O'Connell informed the Board that he had received a re- quest from the Chamber of Commerce to erect a Christmas tree in Center the large planter in the Center. Christmas Upon motion duly made and seconded, it was voted to grant Tree approval to the Chamber of Commerce, subject to the approval of the Town Manager, subject to the approval of the Town Engineer as to safety and, also, subject to liability. Mr O'Connell gave a progress report on the perambulation of boundaries He said that the boundary of Winchester had been Boundaries covered, with the assistance of one member of the Winchester Board of Selectmen Lincoln is scheduled for tomorrow at 9 00 a.m and that will leave only the Town of Burlingtop. Mr. O'Connell informed the Board that he had received a re- Harrington port from the Building Inspector on the Harrington House. House The Chairman said that in the absence of a full Board, we will make copies to be submitted to the other members and we will dis- cuss the report at our next meeting Mr Donald Irwin, Building Inspector, met with the Board and Award was presented an award for completion of the Municipal Building Building Officials Conference-Phase III Inspector The Chairman complimented Mr Irwin for his outstanding job and for representing the Town of Lexington Mr Irwin retired from the meeting. Upon motion duly made and seconded, it was voted to sign a liquor license for the following (renewals) Package Store Buse Bros Liquors, Inc. 131 Massachusetts Avenue Liquor License Joseph Trani Incorporated 1775 Massachusetts Avenue 28i Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration Gordon Lawson 362 Emerson Road Cert of "Satya Community School, Inc " lncorp Douglas S Baird 14 Percy Road "Living Alternatives, Incorporated" Howard Kiedaisch 21 Flintrock Road "Professional Ski Shops Association, Inc." The Chairman read a letter of resignation from Charles T Abbott from the Committee on Procedures of Street Reconstruction and Under- Street ground wiring Committee Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Charles T Abbott from the Committee on Procedures of Street Reconstruction and Underground Wiring The Chairman recommended that Malcolm R Gavin be contacted to see if he would be willing to serve as a member of the Committee Mr O'Connell agreed to call Mr Gavin and report back to the Board. The Chairman read a letter from the Moderate Cost Housing Asso- ciation submitting nominees to replaceMr Earsy on the Lexington LCSR Commission on Suburban Responsibility The Board agreed to hold the appointment until the full Board meets next week. The Chairman read a letter from Mrs. Ann Valihura, 67 Grassland Street, requesting the purchase of Lot 26 Valleyfield Street, Map 24, Tax Title Farm Section 4, Lot 44 Upon motion duly made and seconded, it was voted to refer the request to the Planning Board for a recommendation. The Chairman read an invitation from the MBTA to attend a meeting on December 3, 1970 in the Needham Town Hall to discuss the operations MBTA of the MBTA. Meeting The Chairman said that if any member could attend, he should in- form Mr O'Connell Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on November 9, 1970 Upon motion duly made and seconded, it was voted to sign the Or- Simonds Rd der for Construction of Sidewalk on Simonds Road-from Preston Road, a Sidewalk distance of 1465 feet, more or less, to Burlington Street Order I 28b The Chairman informed the Board that a report has been received from the Traffic Committee in answer to our request for recommenda- tions to alleviate the traffic situation on Thoreau Road The report states that the maximum grade is 9 9 per cent and the center line radius of the curve is 159 ft., neither is exces- sive but the combination justifies the following recommended Thoreau Rd measures Traffic A warning sign indicating a dangerous curve ahead, an advisory speed plate, curbing be installed along the curve to prevent cars from running over grass plots The view down from, Lowell Street is unobstructed and a sign, therefore, is not warranted to indicate the hill A sign, children crossing, is not warranted and there is no provision for such a sign in Massachusetts After discussion, the Board instructed Mr McSweeney to talk with the Traffic Committee and report back to the Board The Chairman read a letter from the Suburban lntertown Liaison SILC Committee stating that if the Board would like to appoint an ob- server, the Committee would approve The Board agreed to think about it and submit nominees at the next meeting The Chairman informed the Board that a letter has been received from Mr Mistretta of the State Department of Public Works regarding the Chapter 90 section of Worthen Road We have had some discussions with the Planning Board and, as we understand it from them, the Trinity Convenant Church subdivision is not contemplating building that section The state has asked us to sign an agreement with them on Chapter 90 for Worthen Road Keeping in mind that the Church is not going to develop the other section we have to tell the state that Worthen Road, as presented to them for Chapter 90, is no longer as we presented it As I understand it, we can redesignate it to another section of Worthen Road Our answer to Mr. Mistretta is that we are no longer proposing Chapter 90 Worthen .Road as it was proposed to him and we have to sit down with Worthen Rd him to discuss what to do with another section of Worthen Road. It is their position if we don't sign this agreement, we have to desig- nate another section and complete that section. Mr. Kenney asked if it is possible for us to request another street? Mr McSweeney replied that they would be happy to change it but the requirement is they can't, either by statute or what is built into the mechanics of Chapter 90 funds Mr Kenney asked if it is redesignated, what other section could it be? The Chairman said the only other section would be Marrett Road to Colonial Acres Mr Bailey asked if our Chapter 90 is specific as to location? 1 2 87 The Chairman replied, yes, the motion was pretty specific I think that the people should know this section isn't going to be built by Chapter 90 funds We must meet with Mr Kiernan of the State DPW and see under what conditions we can spend this Chapter 90 money The Board agreed that Mr McSweeney is to set up a meeting with Mr. Kiernan Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public secur- Executive ity, the financial interests of the Town or the reputation of a 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 10 20 p.m A true record, Attest 4)11 Executive Clerk, Selectmen 1 II c) SS SELECTMEN'S MEETING November 30, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, November 30, 1970 at 7 30 p.m Chairman Cataldo, Messrs Mabee, Kenney and Greeley were present, Mr Legro, Town Counsel , Mr O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works, and Mrs McCurdy, Executive Clerk, were also present At the request of the Town Clerk, two jurors were drawn as follows Jurors Darrell E Cain 16 Welch Road David Fishlin 23 Hathaway Road Mr O'Connell informed the Board of a matter heard by the Plan- ning Board He read a letter from Mr Zaleski regarding Brent Road, Adams Estates IV subdivision which was approved by the Planning Board on September 20, 1965 and on November 8, 1965, lots 22 through 31 and lot 39 were released by the Board for building and sale. John W. Castoldi , Inc., the then owner-developer furnished $35,000 surety in the form of savings bank books in the name of John W Castoldi for $20,000 and Yolanda M Castoldi for $ 15,000 to guaran- tee the construction by November I , 1967 of streets and utilities serving these lots On December II , 1967, the Planning Board voted to reduce the security to $4,000, returning deposits in ex- Brent Road- cess of this amount to the developer On December 18, 1967, the Adams Estate Planning Board voted to release lots 32 through 38 (the balance of Subdivision the subdivision) in $4,000 bond secured by $4,382.98 deposits in savings bank book in the name of John W Castoldi in the Newton- Waltham Bank and Trust Co , the required construction to be com- pleted by December 31 , 1968 Mr Castoldi died some months after this and the subdivision was taken over by Frank DiCarlo of Newton. Since the subdivision was still not completed 18 months after the required date and the residents were complaining about the lack of sidewalks next to lots 31, 32 and 34; the Planning Board wrote to Mr DiCarlo, followed by a telephone call and another letter and neither letter was answered By vote of November 23, 1970, the Planning Board instructed me to take the necessary steps to have the subdivision completed, realizing upon the developer' s security for this purpose We sug- gest the following course of action and ask for your assistance a. Prompt inspection of subdivision by Engineering De- partment to establish for each section the items not completed. 289 b Notice to Mr DiCarlo that the Town will commence construction any after 48 or 72 hours. c Discussion with contractor to have Brent Road side- walks installed by him at the contract price and to obtain an estimate of the total cost d. Written vote of the Planning Board authorizing you, the Selectmen or other designated officials to ex- pend the necessary funds not exceeding the amounts held for the completion of the subdivision. e. Contractor to install the sidewalks and other re- quired work to be done as determined under a f. Money to be withdrawn from the savings bank books and paid to the contractors in accordance with item- ized bills. Since the Planning Board is the responsible party to the agree- ment with the developer, it should have complete record of all steps taken. Mr O'Connell suggested that we get the additional background necessary for the Town Engineer and ask Town Counsel whether or not the Town is in a position to use the bank book for the completion of the sidewalk. If the Town is to take action, it is normally that a sidewalk contract will be brought to you for awarding. There will be a contractor here in Town for sidewalks when he goes forward with the sidewalks in the spring I think the concern on the part of the owners is to know if it were decided, something could be done, such as a decision has been made to do it and what the sched- ule would be The Chairman said he was sure there is more to the procedure than outlined in the letter. Before naything is done, we should take the necessary legal steps to bring it to a point. The Board instructed Mr Legro to outline to Mr. O'Connell the steps to be taken on the Brent Road subdivision. Mr O'Connell discussed the carriage house at 1508 Massachusetts Avenue which was damaged in a fire. The previous action of the Board was to hold the matter in abeyance on the recommendation of the Build- ing Inspector, as the owner, Mr Palmer, had called requesting inform- Palmer ation on permits required to demolish the building. Carriage Mr O'Connell read a letter from the Building Inspector, recom- House mending that action be taken by the Town The Bbard agreed that upon receipt of the necessary information on a hearing, a hearing will be scheduled and Mr Palmer will be so notified. 290 The Chairman read a letter from Jenkins Realty, Inc , requesting Jenkins the purchase of a share of Grandview Avenue, a paper street, to in- Grandview Ave crease the depth of two tots, 5-B and 5-C, as shown on Map No 50 Lots as Lot 5-A, parcel 219A The Chairman said that because of our vote to sell lots to two neighbors, Mr Esserian has taken us to court and there will be no consideration given to any requests until the matter is settled. The Board agreed Upon motion duly made and seconded, it was voted to sign the Battle Green application to the Alcoholic Beverages Commission for approval , and Liquor to sign the liquor license to be issued for the sale of all alco- License holic beverages to RHD Realty & Development Corporation, Battle Green Motel , 1720 Massachusetts Avenue. Brewster' s Upon motion duly made and seconded, it was voted to sign the Com Vict Common Victualler License (renewal) to be issued to Brewster' s License 913 Waltham Street Upon motion duly made and seconded, it was voted to certify Cert. of the character of Leonard Kirsch, 28 Mason Street, who has applied Incorp for Certificate of Incorporation, "University of Massachusetts - Boston Faculty Club, Inc " Upon motion duly made and seconded, it was voted to grant the Elks - request of Lexington Lodge of Elks to serve liquor until 2 00 a.m New Year' s on New Year' s Eve The Chairman read a letter from Barbara Degan of the C Y 0 Degan group at the Sacred Heart Church for permission for Christmas Request carolling on the common on the night of December 23 or 24, 1970 The Board agreed to inform Miss Degan that if she presents a specific program and sponsorship, the Board would consider her re- quest Meagher- The Chairman informed the Board that the Planning Board has ville submitted a draft report of Justin Gray Associates on the Meagher- Report ville study, it is available to Board Members The Chairman read a request from the Lexington Pre-School Cary Hall P T.A to waive the rental fee of $35 for a performance on February Rental 17, 1971 from 9 00 a.m to I2N in Cary Memorial Hall Upon motion duly made and seconded, it was voted to inform the Lexington Pre-School P.T.A that the rental fee of $35 will be re- tained but we would not charge for custodial fees The Chairman read a letter from the Town Manager, enclosing a Master Tax copy of the Master Tax Plan report which is now under review for Plan consideration at the next session of the Legislature 1 IIIThe Chairman said that he and Mr. O'Connell had attended a meet ing held by the Massachusetts League of Cities and Towns and we had a preview of the tax plan We felt there were many items in this that should concern the Town of Lexington, this is a most important piece of legislation and we should become familiar with it, if adopted as now drafted, we would be hurt financially. They are going to have hearings around the state and we should have evalua- tions made with the reasons why we have taken that position The Board agreed with the Chairman Members of the Board are to submit to Mr. O'Connell what their thinking is and he is to put together a draft for consideration by the Board The Chairman said that copies of the report from the Committee of Street and Sidewalk Reconstruction have been sent to the Board The approach outlined by the Committee was that it should be in four phases Phase I Publish street and sidewalk list, hold prelimin- ary June Hearing Phase II Preparation of Preliminary Plans Phase III Fall Hearing on Preliminary Plans Sidewalk Commm i ttee Phase IV Preparation of Final Plans; Town Meeting Action Report Committee of Three Should appoint a three-member Citizen Advi- sory Board to act as a liaison between the Engineering Department and the property owners and citizens involved during the design phases of the plan The Chairman asked Mr McSweeney for comments Mr McSweeney said that the overall approach is very good. The Chairman said that, basically, they are saying it takes two years to do what we are now doing in one year Mr Greeley said that one of the preliminary reasons is to give people a chance to object, like Downing Road, and if the Board con- siders it desirable at that time to withdraw rather than go ahead when the owners change their minds. I think we shoud let the people know that is one of the steps involved to have preliminary designs for more streets; I think this should be a phase The Board agreed to come back next week with recommendations of additions or deletions. The Chairman commented on an underground wiring section of the report and said that if we adopted it like Sudbury, we could accom- plish underground wiring with no cost to the Town Mr Herbert Eisenberg and his group, which included members of Clematis Trinity Covenant Church met with the Board to discuss Clematis Brook Brook Village, a multi-unit project under RH zoning proposed in a citizen- Village petition article for the January II Special Town Meeting `292 Mr. Eisenberg introduced Mr. Norman Richards as spokesman for the group Mr. Richards said that, as you know, Trinity Covenant Church has caused to be inserted an Article on zoning on a 22-acre par- cel on Clematis Road, easterly and northeasterly from the Church and extending over the land of the Town which surrounds and abuts the Bowman School . Everything was going along well but we were recently informed by the Chairman of the Planning Board of diffi- culty regarding completion of a section of Worthen Road which now stops across from the Bowman School site and the Trinity Covenant Church Subsequent to that, I talked with Mr. O'Connell and he informed me that the Town had run into difficulty with plans for that section to be built under Chapter 90 and prospects to have the road built are not optimistic at this time and considering that the Church thought the road would be built and the logical pattern would be to connect. It would have advantages to the developer and if this road is not going to be built by the Town on which land the Church relied on, this makes a substantial difference to the development or asking for rezoning without a traffic pattern. I am aware that the developer would have to build from Allen Street which would be important and helpful but if it is difficult to get a reasonable traffic pattern or to get egress, this is the principal problem uppermost in the minds of petitioners on what is the prospect of the road being built and what reliance on the current situation, is the Town going to go forward to build or would the Town participate with or in the construction of this section of the road? We figure $60,000 was originally appropriated for that purpose; it did pass and the money was appropriated. We are interested, and what can we do and what is going to be done? The developers feel it is a very important connection. The Chairman said that these should be separated, the ac- cess over Worthen Road and the land use. At this point in time, our concern is primarily the access and Worthen Road. You have stated the history, it came up two or three separate times at the last Town Meeting. The original concept was to extend Worthen Road through the Church property Once we were informed that the concept changed and the Church was no longer going to extend Worthen Road, we discussed it with the State and they in- formed us that they would not participate under Chapter 90, if that concept were adopted. We met with the Planning Board and said it was their obligation to tell the church before time and money were spent. It is not that we didn't want it built but it was the position of the State that the road could not be built under these conditions We had met with the Church and they said they had to act basically with what was before them. The State will not build it and we cannot build it with the authority we now have, as far as the authority on Worthen Road. 293 Where we go from here? We are willing to listen to proposals with the authority we have and for the sake of this Town Meeting, I can see no way of getting the section built Mr Richards said that in the scope of the Church's planning, in order not to lose what has been done to date, it was thought to go forward with the possibilities of participation with the Town in the construction of the road, whether or not this can be done or whether the developer can build a section on their own. .. it isn't going to require taking of property, and whether it can be laid out. .. whether or not we could put it in if there was a possibility.. . we hope there is a chance of it being finished by a state or fed- eral agency for the work which is now being permitted, for the developer for public facilities, etc. As for the changing of the zoning, I told the Church that the only thing the RH vote would do would be to permit them to apply for a special permit We are not going overboard by asking this door to be open to it. If this ac- cess can't be worked out, we can't expect financial aid, if solved, the door would be open for a special permit The Chairman said that the question can't be answered on the road going to be built. If this were just an ordinary residential street to be extended 500 feet to accomodate a neighborhood, Town Meeting would accept it but the nature of the road is, we have a different picture on our hands; we can't sit here and say, yes we will The only sensible approach is to come in with a feasible approach and would Town Meeting buy it if you came up with a defi- nite proposal for us to consider Mr Greeley asked if they have a proposal? Mr Richards said that we have thought about proposals but don't want to place them at this time I know the amount is $60,000 and I know the time has gone by, and there are pockets of peat 20' or 30' deep, and the water table is down 15" from the top of the present grade I haven't talked with Mr. McSweeney but Mr McSweeney feels $60,000 is somewhat on the weak side. Mr. Kenney asked if the intention is to go forward in Town Meeting for rezoning? Mr. Richards said that with this type of zoning, if there was a change to zoning where they were locked in where it would only be possible to build motels a la Bedford Street . if we could use the land for exactly the same purpose it is used for now This does mean in future time a possibility of another vote on the same subject. Mr Greeley asked whether it were critical with the access problem to go forward under RH or single family? The cul de sac would defeat it Mr. Richards said that we have to have another means of ac- cess Mr Greeley said he would like to see them figure out how they could do that 294 The Chairman said that these are separate issues, it is safe to say that, by and large, the Board would like to see Worthen Road built Come back to the Board with a proposal so we will know what you are talking about. Mr. Eisenberg showed the plans to the Board and said that there would be 190 units in four groups Mr. Richards said that when this section of the road was go- ing to be built under Chapter 90 and funds appropriated and an estimate given of $60,000, I believe that was to extend the road for 550' at the 70' width If the developer would propose to build this section or at least reimburse the Town, would he ber required to reimburse the Town for constructing a 70' right-or- way pavement or required only to go for the 50 feet? I assume this $60,000 is based on 70' ; would the developer be required to go to 70' or 50 feet? Mr. Legro said that this was not based on an estimate but Chapter 90 funds The intention was to make the wide construction but the $60,000 had no relation to that; this money was to be used to go as far as it could. Mr. Richards said that lets call the figure necessary for con- struction "X"; if the developer made the proposal to the Town, would the developer be required to meet the entire figure for 70 feet? The Chairman said that we don't know. Mr. Greeley thought they ought to come in with a proposal that meets normal subdivision standards. The Chairman said to send the Board a proposal and we will take it from there Mr Richards and the group retired from the meeting. The Chairman said that last week we received the report of the Building Inspector on the Harrington Property We told Mr. Adler of the Parish Committee of the First Parish Church we would come back with our thinking What is the Board's feeling? Harrington Mr. Greeley said he would like to get an appraisal and make an Property offer. Mr Mabee felt we ought to broadcast it among our Town agen- cies. Essentially, they are giving us first refusal . Mr Kenney asked if we should inquire among our own group, particularly the Library Trustees? The Chairman said that a letter will be sent to the Parish Committee and a copy will be sent to the Library Trustees, Appro- priation Committee, Capital Expenditures Committee, Planning Board and Historic Districts Commission with a request for their comments The Chairman said that last week we discussed the request of Mrs. Walsh on Bertwell Road for a sign; I talked with her today and Bertwell she would like to try the Caution-Children sign to see if it would Road help the situation with her blind children. Upon motion duly made and seconded, it was voted to install a Caution-Children sign on Bertwell Road. •1 L A 0 The Chairman informed the Board that an appointment must be made of an observer to the Suburban Liaison Committee. The Planning Board has nominated Mrs. Sanborn Brown Mr. O'Connell recommended that the Board ask the observer to re- port back to the Board after a meeting is held. SILC Upon motion duly made and seconded, it was voted to designate Observer Mrs. Sanborn Brown as official observer to the Suburban Intertown Liaison Committee, with the request that she so report back to this Board and to the Town Manager after each meeting. The Chairman informed the Board that we have finally agreed on the contract for the Air Force sewer. We agreed, reluctantly, to include Clause 6-Contract Work Hours Standard Act, and Clause II , which is examination of records These clauses are included in the Air Force water contract so we felt, in the interest of an agreement, we would Sewer include them in it. Contract Mr. Legro said it was a matter, primarily, of the conclusion of all the grant provisions, some of which were not in the 1953 con- tract. Upon motion duly made and seconded, it was voted to sign Con- tract No. FI9650-71-C-0382 between the United States Air Force and the Town of Lexington for the construction of phase of the relief sewer. Upon motion duly made and seconded, it was voted to sign Contract No. F19650-71C-0381 between the United States Air Force and the Town of Lexington, which is the actual leasing of the 14-inch main and the provisions to increase gallonage from 625 gallons to 1500 gallons per minute. The Chairman informed the Board that a letter has been received from Morris Lindman, President of Lexington Association for Moderate Cost Housing, with three nominations for a representative on LCSR, as follows Mrs. Bonnie Jones, Mrs Lee Lindman and Mrs. Martha Nagy LCSR Upon motion duly made and seconded, it was voted to appoint Mrs. Bonnie Jones, 45 Middle Street, as the representative of Lexington Association for Moderate Cost Income Housing on the Lexington Commis- sion on Suburban Responsibility The Permanent Building Committee met with the Board. Mr. Taylor said that the reason for the meeting is to clear up the confusion with the Junior High plan in regard to the use of the Stedman Road portion from Brookside to Allen Street and to ask for an Article to take the property for school purposes. I believe that Jr. High the Article is going to be in the Warrant Members of the Committee and the Architect met with the Town Manager and it came out that he thought the taking was for a public road through there That is not intended and we want everybody to know what our plans called for. Originally presented, it called for a building located at Brookside 296 and, at one point, we came to the Board to request Stedman Road from Brookside up to Allen Street to be laid out as a footpath. The Selectmen, with a recommendation from the Planning Board, said if anything was done, it would be laid out as a public way and we said it didn't make any difference. Unfortunately, that proposal dropped. When working on a new proposal, we examined three proposals and settled on the location at the Franklin School property, we never contemplated Allen Street at Stedman. The proposal at the last March Meeting did not have a street connection, there was an entrance on one side from Allen and one from Brookside but no connection; a walkway connection, this has always been the plan on the second proposal I am sure this was the plan We are asking for the taking of old Stedman Road so we can add it to the school as access and parking We examined and re-examined the road configuration a number of times for a true connection. The School Department feels it is not neces- sary at all for the proper function to the school and were happy if there were no connection as a point of safety problems; they want to limit the circulation There is access, one from Allen and one from Brookside; both go onto Waltham Street. As far as Police and Fire, there will be a paved walkway and fire trucks can get in over a curb. A street for a public through-connection in there would be quite costly. The planning Board is in favor of this, not asking for a connection as long as there is a paved walkway for emergency vehicles. We are making sure the Board understands what we are asking for. The Chairman said that before going into the plans, it is the policy of the Board that we will insert any Article that a Com- mittee asked us to Because we vote to insert the Article doesn't mean we agree with it or would support it. We voted to insert the Article In your minutes, you said we agreed to lay out the walk- way. We agreed to insert if you ask us to, in any form, to accom- plish anything you want to do, but it doesn't mean we support it Although you feel the Fire, Police, etc. are wrong, we will submit it but don't get upset when you don't get the support. We would like to make our position clear and if you want this laid out we will vote to insert the Article, but whether there is some support on this, is another situation; we want that understood. Mr. Taylor said that our main function is understanding of what we are asking for. The Chairman said we understand full well what you have asked to be inserted in the Warrant. We will insert it exactly as you requested, although we do not agree with your approach Mr Greeley asked if it were appropriate to discuss the rea- sons for what they are asking? You say it is a lot more costly to put it all the way through than to have the two approaches; 1 am wondering if that is so? Have you made comparative costs on putting a single road through? 1 297 Mr. Taylor showed a plan of the area and said that we are talking about a strip of a road, and showed the access driveway It is my understanding to put the sidewalk in rather than building a road, in terms of width and everything else it would be less expensive Mr. Greeley said it depends on what you do with parking It might not be necessary if you had a through road. A member of the Committee said that you couldn't park school buses there for loading purposes. Mr. Greeley wondered if they had looked at this without studying the true situation. Mr. Taylor said they had studied it The School Department says this is the way they would like it, the feeling is, a walkway for students. Mr. Greeley said they are going to have the same number of poten- tial conflicts; children cross one of the traffic routes, anyway, I think the School Committee has an obsession that they want to come at their school in two directions, such as at Estabrook and Diamond, and I think they are basically wrong I think their basic premise that there is something wrong with a through route is wrong for fundamental safety. Mr Taylor asked what is the advantage to a through connection? Mr. Greeley said that people can go through. The Chairman asked how can anyone get in these complexes if the road is blocked. Mr. Taylor said the understanding is, this walkway is going to 111 have to be plowed wide enough Mr. Kenney said that your objection is, then, the cost, and the School Department recommends against it How about a limited com- promise, to suggest a walkway with room enough for emergency vehicles? Mr Taylor said that it would cost too much Mr. Mzbee came into the meeting Mr. Greeley said as I understand it, the situation is in order for the School Department to preclude the chance if the Town would put the road through Mr. Taylor said that we need the land for a walkway; it is not the intent in anybody' s mind to close it off . Mr. Greeley asked what is the status now of Stedman Road? Mr Taylor said that nobody seems to know; it is an abandoned Bounty road. Mr. Greeley asked what their Articles would do? Mr. Taylor replied that it would take it. Mr. Mabee asked about their objections. Mr. Taylor said that it would be impossible to make that into a public way; because of the grades. If a public way, it wouldn't meet the Town' s specifications; Stedman is about 25 feet and you would want 40 feet. Mr. Greeley said the fact of the matter is the site plan has been so designed that you couldn't tolerate a public way through there. A member of the Committee said that was all part and parcel of presenting the easement for a walkway. 29S The Chairman said that the Board understands the reasons for your Article and we have inserted it that way Mr Taylor said that, perhaps, it was not coordinated as well as it should be. Mr. Otis Brown asked if there were anything the Committee might do to ease the problem at a later date to make a public way connec- tion I feel there ought to be some sort of connection there The Chairman said that Mr. O'Connell and I met to discuss sepa- rate access at that point, there are good and valid reasons to take the approach that it would probably be done in the years to come. A member of the Committee said that provision has been made that it can be done if there is a desire for connecting The Chairman said that unless you take some more land, what can you do? Mr O'Connell asked if he understood Mr Taylor to say the Planning Board was in favor of this access arrangement as being ac- ceptable? Mr. Taylor replied they were as long as there was a connection that emergency vehicles could get over Mr. O'Connell said that the Planning Board is on record by letter of November 24, 1970 stating in the opinion of the Board, it is very desirable that an emergency connection be provided between the two accesses to the school . The connection should be such as to permit vehicular use in all seasons, i .e. of adequate width and construction and kept clear of snow. One possibility would be an extra wide paved pedestrian walk separated from driveways by Curbs which an emergency vehicle could cross. The Chairman said that ehy are asking for a paved walkway Mr O'Connell said the letter says that the Board is also concerned about the possibility of obstruction of traffic on Mar- rett Road by parents dropping off students, waiting to pick them up or parked while playfields are being used. The desirability of a sliding or a pickup lane near Stedman Road entrance should be considered for this purpose. Mr Taylor showed the area used as a footpath now We would like to see it paved but the suggestion was made why not make it wide enough for an emergency vehicle and we got a cost of some- thing like $25,000. The Committee has considered this a number of times and cannot see spending this to give another connection for emergency use. If something occurs during a storm, you would be tied up all over and you would have the problem of access. Mr. O'Connell said that the concept is, in the event of a storm, the travel way might be clocked and if you put in the second access, you can get in on an emergency access road. Mr Taylor said it doesn't seem to us to make sense to spend that kind of money. The Chairman asked if it cost $20,000 to build the walkway on the school property, what would it cost to build a footpath on, Stedman Road? I 299 Mr. Taylor said, I don't know. The Chairman asked how could you make this evaluation and deci- sion with no comparative cost? No answer from Mr. Taylor. The Chairman asked if there were any other questions? Mr. Legro said that he had been presented with a print of a plan marked preliminary plan by Miller & Nylander; there is no date and no title for me to refer to, perhaps it is possible to draw an Article without reference to a plan but the suggestion is that Miller and Nylander present a plan with a date. Mr. Taylor said it was his understanding that Miller & Nylander had delivered a final plan. Mr. Legro said that it was a preliminary print. I am requesting it before I can prepare an Article. The Permanent Building Committee retired from the meeting. 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 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 10.25 p.m A true record, Attest Executive Clerk, Selectmen I 300 SELECTMEN'S MEETING December 7, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, December 7, 1970 at 7 30 p.m. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present; Mr Legro, Town Counsel; Mr. O'Connell, Town Manager, Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk were also present. At the request of the Town Clerk, three jurors were drawn as follows Jurors Thomas F. Cloherty 26 Pearl Street Joseph L. Swan 60 Tarbell Avenue Eugene 0. Beauchemin 68 Laconia Street Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company for the installation of poles on Downing Road 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 Pratt, representing the Boston Edison Company, and Mr. Dunn, representing the New England Telephone Company, were present. Mr Dunn said that this petition is at the request of the Town for the street refinishing program; it involves the poles being pushed back toward the property. No one appearing in favor or in opposition, the Chairman de- clared that part of the hearing closed. The Chairman read a report from the Town Engineer stating that the proposed pole locations had been reviewed and found to be in Pole conformity with the plans and specifications for the reconstruction Location on Downing Road. The Chairman declared the hearing closed. 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 Downing Road, southwesterly side, northwesterly from a point approximately 70 feet northwest of Marrett Road, -- Two (2) poles (Two existing JO poles to be rep. moved.) Downing Road, southwesterly side, approximately 493 feet northwest of Marrett Road, -- One ( 1) pole (One existing JO pole to be re- moved.) 301 Downing Road, southwesterly side, approximately 681 feet northwest of Marrett Road, -- One ( I) pole (One existing JO pole to be removed.) Mr. legro informed the Board that the Order of Taking has been recorded on land owned by George H. Crawford on Hayden Avenue by the Board on November 30, 1970 Crawford Upon motion duly made and seconded, it was voted to rescind Order of the vote of November 2, 1970 to adopt the Order of Taking of land Taking owned by George H. Crawford on Hayden Avenue, with an award of dam- ages in the amount of $ 10,000. Mr. O'Connell informed the Board that he has received four re- quests for transfers from the Reserve Fund. In September, a transfer of $ 1 ,000 was requested to the Dog Officer Expense Account # 4050 and a transfer of $600 was approved by the Appropriation Committee. I agreed to go along with this transfer although I felt $750 would be needed to carry the account through December 31 , it is now necessary to request another transfer of $ 150. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count 04050, in the amount of $ 150 Transfers Mr. O'Connell said that the Conservation Commission has requested a transfer from the Reserve Fund of $300 for secretarial services The Commission had returned $302. 19 at the end of 1969 for work not performed and the new secretary was able to finish the backlog, which will require $300 to compensate her Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Conservation Commission Account #2460, in the amount of $300 Mr. O'Connell said that a transfer is requested to the Town Re- port Account #1760, in the amount of $450, for additional clerical costs, furniture, supplies and rental of two typewriters Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Town Report Account #1760, in the amount of $450 Mr. O'Connell informed the Board that a transfer of $ 1 ,000 is requested to carry on the operation of the Clerical Pool for the month of December. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Clerical Pool Account 01075, in the amount of $ 1,000. Mr. O'Connell read a letter of resignation from Francis W.K. Cons Smith from the Conservation Commission, effective date of December 10, Comm 1970 302 Mr O'Connell said that in reading the Conservation minutes, it is anticipated that Mr Sussman will resign as he has been transferred to Washington. There will be a second opening and I would appreciate it if the Board would give some thought to replacements. Mr O'Connell informed the Board that seven bids had been re- Bids ceived for sidewalk construction on Marrett Road, Taft Avenue and Sidewalks Simonds Road, ranging from $36,962.20 to $64,767.00. The three lowest bidders are A R. Belli , Corp., $36,962.20; Belli Construc- tion, $41,777.40; J.S. Hayes Co., $64,488.75. The Engineering Department had an estimate prepared for this project in the amount of $55,000. The Town Engineer recommends, and I endorse it, that the bids are unbalanced and should be rejected and readvertised for this contract the latter part of January for construction in the spring. Upon motion duly made and seconded, it was voted to reject all bids submitted on November 4, 1970 for sidewalk construction on Marrett Road, Taft Avenue and Simonds Road. Mr. O'Connell informed the Board that he had finished reviewing the Civil Service list and the recommendation is for three of the Police first five on the list Lloyd F. Smith of Arlington, Charles J. Civil Peters of Watertown; William J. Kelly of Arlington. There were Service virtually no Lexington residents on the qualification list of 50 to 59 applicants. We have sent these names to Civil for certifica- tion and for authorization to put them on the payroll to fill the three openings. We have another termihation that is being pro- cessed. 1st Class Upon motion duly made and seconded, it was voted to sign 1971 License First Class Auto Licenses for the following Lexington Auto Sales 409 Massachusetts Avenue Auto Engineering 436 Marrett Road Rowe Chevrolet 33 Bedford Street Lodging Upon motion duly made and seconded, it was voted to sign the License 1971 Lodging House License for Wild Acre Inn, 50 Percy Road. Upon motion duly made and seconded, it was voted to sign the Common 1971 Common Victualler Licenses for the following Victualler License Bamboo Hut 177 Massachusetts Avenue Hancock Market 6 North Hancock Street Pine Meadow Golf Club 255 Cedar Street Friendly Ice Cream 66 Bedford Street Honeywell The Chairman read a letter from Honeywell Information Systems, Emergency Inc , 200 Smith Street, Waltham stating that their property abuts the Connection Lexington boundary line and they request consideration for an emergency fire protection connection to the Lexington water main in Spring Street, this service would only be used for the protection of personnel and property in case of fire, if there is a failure of their primary service from Waltham. Mr. McSweeney said that he had talked with Honeywell two weeks ago but had not discussed the situation with Waltham. We would like to include in this proposal a backup service for Ginn and Com- pany. The Chairman felt that this request could present some problems to us, depending on how the connections were; it would depend on what the final design would be. Mr. McSweeney said that it would be in the best interest of Lexington and Waltham, if approved, to connect together with gates on the street. The Chairman asked if they were looking for this definitely on an emergency basis? If we let them use it in case of an emer- gency, what about the other 364 days of the year? Mr. Greeley asked if a gate could be designed in such a way that it would be only for fire department use? The Chairman replied, no, it will still be a dead end line. Mr. McSweeney was instructed to talk with Honeywell and the City of Waltham and report back to the Board The Permanent Building Committee met with the Board. Mr. Taylor said that they had asked for this meeting in order to have a chance to explain the road situation at the new Junior High a little better than last week. There are two separate problems; first there is the question of the road connection be- tween Allen Street and Brookside Avenue; we have not provided a road that could be used by the public because it is not necessary New to be required by the school program not necessary to the function Junior of the school . A road connection through there opens a certain High amount of through traffic from the other school and there was a School recommendation earlier by the Traffic Safety Committee for another access into the school from Waltham Street and we have voted not to ask for that at the present time; it might be in the future. The critical thing is for emergency vehicles; this walkway is going to be 12' wide and can be plowed by a big truck; there will be a safer berm and that will be plowed with the rest of the roads in the area and would always be open to the fire and police de- partments. The real problem of a traffic road in that area is the question of the feasibility of the grade; that area is very steep and we calculate it to be a 7 3/4 percent grade and that makes it a difficult situation for a road (by comparison, Concord Hill is 6 percent) and if used by buses, it is undesirable and we would lose the big turnaround. The bus unloading would have to be done and this would be a worse solution to the problem than the one we now have. That is the reasoning on that point and Mr. McSweeney is in general agreement and it presents an undesirable situation I 304 The other aspect is the proposal for some kind of access at Marrett Road. The Fire Deparment has requested an access there but the Police have not formally requested, nor the Planning Board We haven't provided anything there on the school site If a walkway is necessary, Stedman Road would be ideal and probably could be paved as a walkway The request for access for emergency vehicles doesn't impress us from a logical point of view. It may well be that nothing can be done with Stedman; we recognize the legal problems. It may be that no children are going to come in on Marrett Road because everybody up here would be bused and there may be no use for a walkway but on the other hand, it may be heavily used and there may be a real traffic problem at the bad curve and we might want to provide a turn-off in the area where cars can get out. We don't know what the prob- lems would be and feel it would be foolish to spend $20,000 when it might turn out to be in the wrong place, and we would like to pass that point and then sit down with the Boards and figure out what the use would be or the problems. We can always use State Aid appropriation later on We just don't know what the facts are that we could base a decision on. The Chairman thanked the Committee for coming in. The Permanent Building Committee retired from the meeting . The Chairman read a letter from the Lions Club requesting 4th of permission to hold the 4th of July celebration on the Lexington July Center Playground. The Board agreed to refer this request to the Town Manager for a joint meeting to be held with everyone involved Upon motion duly made and seconded, it was voted to approve Minutes the minutes of November 16 and November 30, 1970 The Chairman read a notice from the Department of Natural Resources informing us that the following appropriations are to Pest be made $8,000 for insect pest Control; $ 15,000 for Dutch Elm Control Disease Control . Mr Greeley asked if the notice said anything about the pesticides used? The Chairman replied in the negative. The Board agreed to get some answers on the program before Town Meeting. Waltham St. Upon motion duly made and seconded, it was voted to sign the Sewer Con- Order for Construction of Sewer on Waltham Street, a point 242 ntruction feet, more or less, northeasterly of the Lexington-Waltham line, a distance of 791 feet, more or less, northeasterly. The Chapter 90 program was discussed. Chapter The Chairman said that Mr O'Connell, Mr McSweeney and I 90 had our meeting with Mr. Kiernan of the State DPW and we recapped the status of our Chapter 90 program Of the monies appropriated, 305 we have $32,000 left on Massachusetts Avenue and that would have to be transferred by Town Meeting We have $ 17,000 left that was designated to Lowell Street in 1968 and the only place it could be expended would be Lowell Street; the State recommends it be spent on the intersection of Lowell and East Streets, updating it, and agrees to put a set of signals in at Lowell and East Street Mr Kenney said that he travels that street and has no problem. The Chairman said there is a problem at 4 00 p.m. Mr Kenney said that we finished the project; why must $ 17,000 remain on Lowell Street? The Chairman said that all the forms we signed designated it for some part of Lowell Street. On the $32,000 for Massachusetts Avenue, the reimbursement money is gone, this is all ours Mr. Greeley asked what would be done for $ 17,000? The Chairman replied, a set of lights and curb the four lengths of the intersection back 25' to 50' on the four sides. Mr Mabee said that we could use a stop sign. The Chairman said that we have to make a determination on Worthen Road. In 1969, we had $60,000 on that 550' or Worthen Road. We have three choices I . Leave it there and accumulate it. 2. Cancel the contract and lose $45,000. 3. Assign it to a new location - Marrett Road to Colonial Acres. In 1970, we assigned the money to Worthen Road and East Street. We have $35, 100 86 available in Chapter 616 and $ 17,550.43 in Chapter 768, a total of $52,651 .29 Mr McSweeney, Mr. O'Connell and I talked about this. Mr Kiernan tried to talk us out of the pedestrian control light at Winchester Drive and Lowell Street, but he agreed to sign the paper and send it in. Mr McSweeney said that he had received the letter this after- noon The Chairman said now that the commitment is signed, we can get a schedule. We were thinking of the Board considering using Chapter 618 and 768 Massachusetts Avenue money on East Street and we wouldn't have to use Chapter 90 Mr. Greeley said that East Street was about $85,000. The Chairman said, plus the $ 17,000 for the intersection We could use the 1970 Worthen Road money but we would have to go back to Town Meeting Mr. Greeley said that you are saying $ 120,000 for the stretch of Worthen Road Mr. Mabee said he was interested in Spring Street The Chairman said that we can't spend $60,000 on that; we can do Marrett Road to Colonial Acres. Mr. Mabee was interested in Spring Street and the 616 money you don't have to tie in the County standards; there is a house every 100' on both sides of the street 30i The Chairman said that if we go onto Spring Street, we would not get one-quarter of it done and we would have to use Town funds We should design the whole thing and we don't have the time to do that with Spring Street because 616 and 768 has to be spent by June I , 1972. Mr. Kenney said that we would have $ 180,000 for this piece between Marrett Road and Colonial Acres if we assigned 1971 Chapter 90 money The Chairman said that it was 1530 feet and we wouldn't need $ 180,000 We could assign it to Worthen Road and Spring Street if there was any left. Mr McSweeney said that they do want us to commit it The Chairman said as you know, we are faced with signing this agreement with the State. Mr Kenney asked what happens if we drop this proposal? The Chairman said that we have to go back and tell them We can use the Chapter 90 money on East Street and build one small section for $60,000 Do we all agree that on our next Chapter 90 money on Spring Street? Mr Mabee said that we have more flexibility with Chapter 616 Mr McSweeney said there is no question on Worthen Road will take the $ 180,000 This is the best place to assign the Chapter 90 and we would feel we have something completed If you go over to Spring Street, you could do nothing less than a 30' pavement and we had a price of $ 160,000 Mr. Greeley said we could use 616. Mr. McSweeney said that we only have $35,000. Mr Mabee said, plus $ 17,000. Don't try Chapter 90 money on Spring Street We haven't talked over the new formula of the Street Committee. The Chairman said these are the areas locked in. Mr. Mabee said he would go along with Worthen Road The Board avoids Spring Street. The Chairman said it would take two years; the whole thing must be designed He asked what do we do with the Worthen Road money? Upon motion duly made and seconded, it was voted to recommend Worthen that we spend 1969, 1970 and the upcoming 1971 Chapter 90 money on Road Worthen Road from Colonial Acres to Marrett Road. The Chairman asked on what basis would they spend the Chapter 768 money and the Massachusetts Avenue money? It would cost $90,000 on East Street from the, Lowell Street line to Vine Brook. Mr. McSweeney said that it would be a 30' pavement, same as subdivision streets Mr. Greeley asked whether we spend $85,000 of past monies only or whether we add $ 15,000 to it and whether we get the new appro- priation for that? The Chairman replied, if we get the new appropriation. Mr. Greeley thought we ought to make a try at it. I 307 Mr. Mabee said he would like to make sure we get started on the design work on Spring Street The Chairman said there is not enough money to do it; we can appropriate design money for Spring Street. Spring Street would not be a betterment street, it would be reconstruction Chapters 616 and 768 money can't be used for betterment streets, only reconstruc- tion Mr. Mabee thought it was ideal for 616 money. Mr. Greeley asked if we need money for the Trinity Covenant, where would the money come from if we did feel we want to put some money in on the Bowman School property? The Chairman said that $35,000 of 616 money was on Worthen Road; it would probably have tome under the reimbursing of subdividers. Mr Greeley thought this is a street project we may have in the offering. Mr Mabee said we have East Street taken care of; you have $52,000 plus $32,000. The Chairman said we can get them to stretch the $ 17,000, down far enough to meet our grades on East Street Mr McSweeney said that we can have them, but not in the same contract The Chairman assumed we would have to go to Town Meeting to transfer all the money including the $ 17,000.00. Upon motion duly made and seconded, it was voted to recommend the completion of the section of East Street from Lowell Street to the Vine Brook culvert, including the intersection, using primarily, Chapter 616 and Chapter 768 monies and the Massachusetts Avenue money Upon motion duly made and seconded, it was voted that it is the consensus of the Board that we ask for planning money for the survey and preliminary design of Spring Street, and ask the Town Engineer for a realistic figure. Mr. McSweeney asked if the Board wants this engineered and de- signed outside? The Chairman said that we should have it surveyed by someone outside to get the thing done and put enough money in for this to be a possibility. The Chairman asked the Board to consider putting an Article in the Warrant to take the layout of the land between Marrett Road and Colonial Acres The Board agreed to hold the letter from the Lynn City Council regarding the MBTA assessments on cities and towns and the vote taken MBTA by them to request the Governor to veto the proposed MBTA bond issue of $300,000,000 This is to be discussed with Lincoln P Cole, Jr. Upon motion duly made and seconded, it was voted to accept the Special recommendation of Chief Corr and to appoint Peter Greeley as a Special Police Police Officer. Mr. Greeley would be employed by Harvard Trust 3 S The Chairman read a report from the Traffic Committee recamm mending that a sign reading "We Take Traffic Safety Seriously" be Traffic added beneath the sign "EnteringLexington" at the Five Forks 9 Sign traffic island on a trial basis The Board agreed to inform the Traffic Committee that it had no objection to the addition being made on a trial basis. The Chairman read a report frau the Town Engineer regarding 6 petition received from residents of Thoreau Road requesting a "Cau- Thoreau Rd. tion, Dangerous Curve" sign because of a blind rise, also, damage Traffic to property because of cars going over lawns. Upon motion duly made and seconded, it was voted to instruct the Acting Superintendent of Public Works to install the caution sign on Thoreau Road and the Board will consider the installation of granite curbing on Thoreau Road on a priority and appropriation basis The Board agreed to inform the petitioners of the vote and, also, to point out that the request for a Children Crossing sign was not warranted at this point as there was no provision for such a sign in the Massachusetts Rules and Regulations. Mr. Greeley suggested a re-wording of the procedures recom- Street mended by the Street and Sidewalk Reconstruction Committee. Procedures The revised copy is to be discussed at the next meeting of the Board. 111 Mr. Greeley informed the Board that the Lexington Commission on Suburban Responsibility is anxious to support the housing on the Trinity Covenant Church land One of the steps they would LCSR like to take in order to bring about the education of Town Meeting Trinity Members is to co-sponsor, with the League of Women Voters six pre- Covenant cinct meetings in which various proponents and also representa- tives of local citizenry organized to oppose this would be invited. These would be closed meetings in private homes and only people making presentations and Town Meeting Members would be invited. I felt we should tell the Board and get the reactions before there is a general commitment to do it Since our meeting, the League met again and agreed to have someone from the Franklin Association specifically invited rather than have them represented. They as- sume there will be an Article in the March Town Meeting but don't expect action on the road at the January Meeting The Chairman said that the Planning Board unequivically said it would not support this issue without this action being resolved. Mr. Greeley asked if the Board had any objection to LCSR co- sponsoring the Meetings? The Commission is on record for the zon- ing change and the League officially agreed to sponsor them. It 309 is expected there will be a member of the Franklin Association present and he will be instructed that this in no way affects the Board of Selectmen. The Board had no objection Mr Greeley informed the Board that LCSR had agreed to appoint two representatives of youth to the Commission and six nominees must be submitted; there are only two. Mr Greeley discussed the appointment of two high school repre- sentatives to LCSR and the Board agreed not to make the appointments to the Commission. 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, 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 II 00 p.m. A true record, Attest ' Executive Clerk, Selectmen OI 310 SELECTMEN'S MEETING December 14, 1970 ' A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, December 14, 1970, at 7 30 p.m Chairman Cataldo, Messrs. .Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were also present. Mr Zehner and Mr Cheever of the Town Report Committee met with Town the Board to discuss the Selectmen' s Report in the 1970 Town Report Report After discussion, Mr. Zehner and Mr. Cheever agreed to make the suggested deletions and additions Mr. O'Connell informed the Board that he had received a call Bloodmobile from Mrs McGonagle of the local Red Cross Chapter, asking for per- mission to use the driveway of the Red Cross for a Bloodmobile on December 22, 1970. The Board had no objection Mr. O'Connell reported to the Board that the Conservation Com- mission had submitted to him the requested additional details on Drummer Boy the Drummer Boy option and, also, copies of certificates of title Soule & covering property owned by Robert L. Frissore, Ralph J. Frissore Frissore and Richard Soule and request to have an option prepared for Options Richard H Soule, covering his lot 63 Ivan Street at a purchase price of $ 1 ,000; and option for Robert L Frissore and Ralph J. Frissore, covering lots 61 and 62 in the amount of $2,000. Mr. O'Connell informed the Board that a request for a trans- fer from the Reserve Fund grows out of our having reviewed in advance the need for typewriters which would appear in 1971 . We have a request worthy of being approved for a total of eleven type- Transfer writers The situation of the equipment in the general departments is that we have a dangerously very old and about-to-expire type; we need one for the Clerical Pool and one for the Board of Appeals. Due to the reduction in the forces of one of the local manufacturers, we have been able to establish a source for this number of used ma- chines at a really attractive value and it is my feeling the Town can make a wise investment in updating. We have $384 in the office ma- chine account and together with $ 1716 from the Reserve Fund, we could buy eleven typewriters in excellent condition They would cost $5600 to purchase and are in good condition and considered to be an out- standing buy We propose to buy one of the executive type to be used for the Town Report, to avoid the necessity of renting one. The prices range from $ 150 to $250 and ordinarily would cost in the $500 to $600 range. 311 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Of- fice Machine Account No 2925 in the amount of $ 1716 The Chairman requested the Board to sign the Warrant for the Special Town Meeting on January II, 1971 Warrant Upon motion duly made and seconded, it was voted to sign the Special Warrant for the Special Town Meeting on January II , 1971 . Town Meeting Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses for the following Common Arno's Delicatessen 321 Woburn Street Victuallers Kentucky Fried Chicken 211 Massachusetts Avenue License Regent Delicatessen 1729 Massachusetts Avenue Brigham's d b.a Buttrick' s 34 Bedford Street Brigham's 1775 Massachusetts Avenue Pewter Pot Realty Corp 1710 Massachusetts Avenue The Chairman informed the Board that Dunkin Donuts would like to extend their hours of operation to 12 midnight or 100 a.m I have talked with Chief Corr and he had no objection to extending Dunkin the hours. Donuts Upon motion duly made and seconded, it was voted to sign the Request Common Victualler License for Dunkin Donuts, 373 Waltham Street, with the hours of operation from 6 00 a.m to II 00 p.m Upon motion duly made and seconded, it was voted to sign the Innkeeper Innkeeper License for Lexington Chalet, Inc., 440 Bedford Street Upon motion duly made and seconded, it was voted to sign the First Class First Class Agent License for Colonial Garage, Inc., 1668 Massa- Agent chusetts Avenue. Hearing was declared open on the fire-damaged carriage house located in the rear of the property owned by Joseph B. and Clara R. Palmer, 1508 Massachusetts Avenue. Notice of the hearing was sent to the owners of the property Palmer and to Town Counsel , Town Manager, Building Inspector and the His- Hearing toric Districts Commission. The Chairman said that this hearing is being held under G.L. Chapter 139, s. 1 . Mr Irwin, Building Inspector, was asked for a report on the conditions that exist at 1508 Massachusetts Avenue. Mr. Irwin said that in October, 1969, the Fire Department re- quested me to inspect this fire-damaged building and I found it had been severely damaged; I wrote to Mr. Palmer and suggested we would like to be kept informed whether he intended to repair or take it down, and pointed out the hazards that exist 1 wrote 312 again later and called a number of times and on October 13, the same day I suggested a hearing be held, I received a call from Mr. Palmer saying that he and his wife discussed it and thought they might take it down It has been two months since that time and I haven't heard from Mr Palmer and suggested to the Town Manager that we have a hearing Chief Spellman of the Fire Department said that we inspected the property at various times with Public Health officials and the Zoning Inspector and we concurred it is a hazard to some ex- tent and a good spot for continuation of fires and Mr Palmer should repair this building to eliminate the hazard of a second fire Also children play in that area. We sent Mr Palmer a notice that we had it inspected by the Fire Inspector and we haven't heard from him. Joseph B Palmer, owner of the carriage house at 1508 Massa- chusetts Avenue, said that we have made some inquiry into the cost of demolishing the building and I think I need to get to- gether with Mr. Irwin and know the cost of demolishing it. The Chairman asked what is your feeling to look into repair- ing or demolishing the building? The information came that you were going to demolish the building Mr Palmer said that, probably, we want to repair it, the problem is what is required by the Historic Districts Commission and if I make any changes would I have to get their approval? The Chairman replied, yes; what do you see as a schedule? Mr Palmer said that I don't think much could be done dur- ing the winter and construction would have to be delayed to spring After the fire, it was shored up with twenty-two 2X6' s; we were advised by the carpenter on what to do, there are sup- ports in the building and I don't think there is any danger of them falling down. Mr. Irwin said that the fact that it is open is of some concern to me. Mr Palmer said that it was closed up but someone broke in; we have trouble with vandalism. The Chairman said it should be closed in to make it safe Mr Palmer agreed The Chairman addressed Mr Palmer and said that it is your position, then, to close it up to make it safe, subject to your schedule of getting it fully repaired. Mr. Kenney said that by April 15 or April 30, it would be repaired so that it is no longer a hazard Mr. Palmer said that a new roof is needed Mr Kenney asked about June 30? Mr. Palmer said that June I is allowing enough time; we need, probably, a couple of months to get it repaired. The Chairman asked when he was going to close it; he would have a week or ten days. 313 Mr Greeley felt it should be not later than April I ; either to demolish it or begin some active building Mr. Palmer said you must realize I have to consider the con- tractor; if you want me to say that date, I can't because I don't want to run into a contractural delay The Chairman said that whatever the date is, we will hold you to it. Mr. Palmer said that he was not trying to be unreasonable; what if the contractor doesn't start on it? The Chairman asked if anyone present had a question? Mr. Lewis, 15 Hunt Road, said that he felt the intentions so far haven't shown the desire to make any effort to do anything There are ladders through the roof; I don't have children but there are a lot of them in the neighborhood. This is wishy-washy and there is nothing concrete, perhaps something more concrete should be decided - April or May. Mr. Stotts, II Hunt Road, said that he lives 20 feet away He reported the fire as the Palmers didn't know the carriage house was burning. This is a critical situation and is a dangerous and at- tractive nuisance and we are hoping something is done about it Mr. Jaquith of the Historic Districts Commission said if there are changes in the design, this would have to come before us. The Chairman addressed Mr. Palmer and said that he hears the concern of the neighbors; we called this hearing because we are con- cerned. As I understand it, you propose to make this building safe and close it completely within a week or ten days Is this correct? Mr. Palmer said that he would make it so people cannot enter. The Chairman said the next step would be to have something con- crete, begin no later than April I . Mr. Palmer agreed. Mr Jaquith said that it takes about a month for us to complete arrangements for a hearing; Mr. Palmer must have it in to us not later than February 28 Mr. Kenney asked if the completion date is approximately June I? The Chairman said, as we said originally, if you decide to re- construct or repair, is June I the completion date? Mr. Palmer said he didn't know now but it sounds like a reason- able amount of time. Mr Greeley said he got the feeling Mr. Palmer doesn't know what he is going to do with the building; if he is only going to restore it like before the fire, he could do it easily in 60 days Mr. Kenney said why not make it 90 days? The Chairman said if he is going to rebuild it; we are concerned about it being closed in and completed Mr. Stotts asked Mr. Palmer is he going to rebuild as a carriage house? Mr. Palmer replied that he couldn't say. Mrs. Stotts said it couldn't be a residence. The Chairman agreed. Mrs. Stotts asked if it would be torn down or continue to be an eyesore? 3 1.4 Mr. Palmer said that the building was secured about three months ago and children opened it up The Chairman declared the hearing closed. Mr Palmer and the residents retired from the meeting. Later on in the meeting, the Board agreed that the Building In- spector is to Submit a list of specifications to be followed to make the building safe and upon receiving them, Town Counsel is to draft an order for the Board to send to Mr Palmer. Upon motion duly made and seconded, it was voted to issue an order to Joseph B. and Clara R Palmer, 1508 Massachusetts Avenue, to make the fire-damaged carriage house secure and closed within ten days after receipt of the order, and April 1 is the date for starting the complete restoration The Chairman read a letter from the Planning Board with a recommendation regarding the request of Ann Valihura, 67 Grassland Street, to purchase tax title lot 26 Valleyfield Street. The Plan- ning Board recommends against the sale because of the possibility that tax title lots may be used to provide housing for people of Valihura low and moderate income; but if the Selectmen decide to sell this Tax Title lot, the recommendation is that it not be sold as a separate 50-ft Lot wide building lot but be combined with the adjacent 50 ft lot 25, owned by Mrs Valihura Upon motion duly made and seconded, it was voted not to sell tax title lot 26 Valleyfield Street to Ann Valihura of 67 Grass- land Street as it would not be in the best interests of the Town The Chairman read a request from Mrs George P Morey for an additional three year deferment of betterments on property abutting ; Morey on Blake Road. Betterment Upon motion duly made and seconded, it was voted to grant a Deferment three year deferment of payment of sewer bettment assessment of $861 .33 and water betterment assessment of $ 187 50 to Mrs. George P. Morey, 90 North Hancock Street Upon motion duly made and seconded, it was voted to sign and ' Bonds send to the State Department of Corporations and Taxation the ap- proval of the sum of bonds established for the following Town Treasurer-$ 115,700, Tax Collector-$117,200; Town Clerk-$2, 100 The Chairman read a request from the Lexington Golf Club to Lexington Golf abate the sewer betterment assessment for the open land adjacent Club Sewer to the 7th hole in the amount of $ 1331 .41 . Betterment The Chairman said that we should not abate it but should Deferment defer it Upon motion duly made and seconded, it was voted to grant the request of the Lexington Golf Club for a three year deferment of payment of sewer betterment assessment in the amount of $ 1331 41 I 31. 5 The Chairman read a request from the Town Clerk for elimination of precinct registrations prior to the Annual Town Election, and to have all registrations at the Clerk's office. Precinct Upon motion duly made and seconded, it was voted to grant the Registration request of the Town Clerk for elimination of precinct registrations prior to the Annual Town Election; all registrations are to be held at the Town Clerk' s office. The Chairman read a notice from the Historic Districts Commis- sion of a public hearing to be held on the application of the Masons for a permit to demolish or remove the house and barn at 1162 Massachusetts Avenue The Chairman said that this notice is just for our information,. The Chairman read a letter from the U.S. Department of the Interior, National Park Service, in answer to our inquiry about a newspaper article concerning the acquisition by the Federal Govern- Federal ment of Lexington Green and Buckman Tavern. The letter states that Government the Secretary of the Interior had proposed the establishment of only three more parks connected with the American Revolution and the Lexington Green and Buckman Tavern are not desired and were only included as landmarks in the forthcoming Bicentennial celebra- tion. The Chairmanread a letter from the Sheraton Motor Inn regarding a request to extend the hours of operation on New Year' s Eve to Sheraton 100 a.m. to apply to the dining room (Dunfey's Tavern), the Tavern Motor Inn - Lounge and one main ballroom. New Year' s Upon motion duly made and seconded, it was voted to grant per- Eve mission to the Sherator Motor Inn to extend the hours of operation on New Year' s Eve to 100 a.m. in the dining room (Dunfey'S Tavern), Tavern Lounge and the main ballroom. The Chairman informed the Board that a date must be set for the closing of the Warrant for the March Town Meeting. Closing of Upon motion duly made and seconded, it was voted to close the Warrant Warrant for the Annual March Town Meeting on January 4, 1971 at March 12 00 noon. Meeting Mr. Greeley said that the Building Inspector was to report to 1265 Mass. us on the status of the various permits at 1265 Massachusetts Ave- Avenue nue. Mr O'Connell said that he as received the report from the Building Inspector and shall bring it to the Board on next Monday evening. The Board discussed the report of the Committee on Procedures Street of Street and Sidewalk Reconstruction, as amended at the meeting on Committee December 7, 1970 The Board agreed to accept the report, as amended, Report including the deletion of Paragraph 5 under implementation. R31_ 6 Upon motion duly made and seconded, it was voted to accept the amended report of the Committee on Procedures of Street and Side- walk Reconstruction. REPORT OF COMMITTEE ON PROCEDURES OF STREET AND SIDEWALK RECONSTRUCTION Purpose, To enable the town to more properly meet the needs of its' citizens for an adequate street and sidewalk reconstruction program. To enable citizens to better understand the street and sidewalk re- construction program To enable those citizens who are directly affected by street and sidewalk construction through the physical improvements to their neighborhoods and by the burden of additional improvements and betterments taxes, thereon, to have a more direct voice before the actual contracts are awarded and the reconstruction undertaken To establish a more realistic annual Capital Expenditures Budget. To make better use of the Engineering Services and the Engineer- ing Department and the annual expenditures therein. To provide for a more rapid acceptance of new streets, thereby allowing for better care and maintenance of the town, which will in turn prevent more costly reconstruction at a later date PLAN PHASE I PUBLISH STREET AND SIDEWALK LIST; HOLD PRELIMINARY JUNE HEARING In the Spring the Selectmen will decide on the list of streets and sidewalks to be considered for reconstruction, publish the names of these streets and sidewalks, and set dates in June for preliminary hearings for all interested Citizens. The purpose of these preliminary hearings will be to obtain information from interested parties regarding need for improvements and suggested major design features. Information as to probable design will be provided by the Town Engineer to the extent such information can be made available without special surveys or detailed plans PHASE 11 PREPARATION OF PRELIMINARY PLANS During the Summer months the Town Engineering Department will pre- pare preliminary plans based on a current field survey of the streets and sidewalks to be recofs*ructed. The design will take 317 into account the aesthetic as well as 9 en ineerin problems, includ- ing ing proposed tree planting and landscaping Design criteria will be flexible and may include sidewalk and slope easements to pre- serve natural features, varying width of streets, sidewalks, and grassed areas, etc consistent with safety and good engineering practice. PHASE Ill FALL HEARING ON PRELIMINARY PLANS In the Fall , there will be public hearings based on the completed preliminary plans No later than one week before the Fall Hearings the proposed Streets or sidewalks to be reconstructed will be staked out with orange markers in the ground and markers on those trees recommended for removal PHASE IV REVISION OF LIST On the basis of those hearings the Board of Selectmen will determine which projects are to be included for recommended Town Meeting ac- tion, and will establish the general design criteria for such projects PHASE V PREPARATION OF FINAL PLANS TOWN MEETING ACTION Based on the Fall hearings and the established design criteria, final construction plans will be prepared When completed the plans will be submitted to the Board of Selectmen for preparation of an article for the appropriation of construction money by the Town Meeting. Detailed cost estimates will be made or, if possible, bids will be taken prior to the Town Meeting, so that the exact amount of funds required can be determined. IMPLEMENTATION I . Declare a moratorium on the usual annual street and sidewalk con- struction program, except for those sidewalks essential for the safety of school children. 2. The 1971 Town Meeting should have an article specifically allo- cation funds for the design and engineering of streets and sidewalks proposed for reconstruction A similar article should be repeated annually based on a projected long-range program for street and sidewalk reconstruction 3. The plan should be put in operation for actual construction moneys to be appropriated by the 1972 Town Meeting and annually thereafter 4. Construction moneys to be appropriated should include sums re- quired for tree planting and landscaping, as proposed in the final plans prepared in Phase IV of the plan 318 The Board discussed the vacancy on the Committee due to the resignation of Charles Abbott Appointment Mr O'Connell said that he had talked with Malcolm R Gavin, Assistant Department Head of Underground System for the Boston Edison Company and he would be happy to be on the Committee. Upon motion duly made and seconded, it was voted to appoint Malcolm R. Gavin, 24 Normandy Road, Lexington, as a member of the Committee on Procedures of Street and Sidewalk Reconstruction. The Board discussed the Memorandum of Agreement between the Chapter 90 State and the Town to construct a pavement, install drainage and otherwise improve a section of Worthen Road at Sherburne Road and extend in a southerly direction to Marrett Road, Route 2A 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 reputation of a person. After discussion of matters tt 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 05 P.M A true record, Attest oft°4 jlitr Dov C Executive Clerk, Selectme 3 i q SELECTMEN'S MEETING December 21, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, December 21 , 1970, at 7 30 p.m. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present; Mr. Legro, Town Counsel; Mr O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were also present. Mr. Zehner requested the Board to reject the two bids received on the printing of the Town Report from Sem line Incorporated and Maran Printing Service, Inc , as there might have been some mis- Town Report understandings on the specifications; we could reject the bids and Bids re-advertise this week. Upon motion duly made and seconded, it was voted to reject the bids of December 7, 1970 received on the printing of the Town Re- port and to re-advertise. Rev. John Wells addressed the Board and expressed his thanks for the cooperation he has received while a resident of the Town and, now that he is leaving as Minister of the First Parish Church, he wanted to officially thank the members of the Board. The Chairman informed the Board that the Sarano property at Five Forks is for sale and the Traffic Committee had been requested to submit recommendations on the possibility of an easement on the Sarano land A report has been received from the Traffic Committee stating that, from the traffic safety viewpoint, it is highly desirable to have an easement from 10' to 15' wide along Marrett Road on the Sarano property to permit the unobstructed view from Lincoln Street intersection to the northwest. No shrubs, fences or other sight Sarano obstructions should be permitted within this easement. The Commit- Property tee has no recommendations regarding the purchase of the remainder of the lot, except to note that the ultimate use of the land and the location of driveways may affect to some extent the flow of traffic on Marrett Road. Since Marrett Road is a State highway, ac- cess to it requires a permit and compliance with specifications of the Massachusetts Department of Public Works The Chairman asked why not take an easement and say, for any or all , it wouldn't be fair to anyone buying this lot and the time to do it is now. The Board agreed to insert an open-ended Article in the War- rant for the Annual Town Meeting . Mr. Legro said that by the time the Article is drawn, you will know whether It as .a building line or a setback requirement. 320 The Chairman said that our main concern is sight distance com- ing out of Lincoln Street Mr. McSweeney is to report back to the Board The Chairman read a report from the Town Engineer regarding a letter received from Mrs. Arlan of 54 Bridge Street requesting that the replaced "Slow Children" sign be located in a better position Bridge St than is now being used at the top of Bridge Street near Marrett Sign Road; also, a request for an additional sign at the bottom of the street, at Bridge Street and Waltham Streets. Mrs. Arlan also requests some new children signs painted on the street. Upon motion duly made and seconded, it was voted to request the Acting Superintendent of Public Works to make the necessary arrangements to have the children signs painted on Bridge Street. Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer to relocate the "Slow Children" sign at the top of Bridge Street near Marrett Road, and install a "Slow Children" sign at Bridge Street and Waltham Street, subject to the review of the Town Engineer. The Chairman read a report from the Traffic Committee regard- ing the requested recommendation on a right-hand turn arrow on Marrett Road permitting a turn onto Waltham The Committee feels Traffic this should not be installed for traffic safety reasons unless Marrett Rd. the intersection is widened first to accommodate a right-hand turn and in Marrett Road and an extra lane in Waltham Street to permit Waltham St. gradual merging and avoid interference between the vehicles turn- ing right and those proceeding straight on Waltham Street At this location, both Waltham Street and Marrett Road have only one lane in each direction and this does not provide for safe and efficient operation of a continuous permitted right-hand turn. The Board agreed to accept the recommendation of the Traffic Committee that a right-hand turn arrow should not be installed on Marrett Road permitting a turn onto Waltham Street The Chairman read a report from the Traffic Committee regard- ing the location of the mailbox at Massachusetts Avenue and Mailbox Pleasant Street. Mr. O'Connell had asked the Committee to consi- Mass Ave der this location, which may constitute a traffic hazard The and Traffic Committee concurs and recommends that the mailbox be Pleasant St. moved north 150-200 feet to the vicinity of the traffic light near the East Lexington Library crossing; the exact recommended location can be determined by the Engineering Department, if desired Mr. McSweeney said that this change would have to be approved by the Post Office because of the route schedule Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee to change the location of the mailbox at Massachusetts Avenue and Pleasant Street 150-200 feet north to the vicinity of the traffic light near the East Lexing- ton Library crossing, subject to the approval of the Post Office 32 .E The Chairman read a report from the Traffic Committee regarding the request of the Post Office that the sign reading "No Parking Post Here to Corner" be moved to a more appropriate spot on Grant Street Office closer to the corner of Massachusetts Avenue The Committee recom- Request mends against any reduction of "no parking" zone on Grant Street Grant St near Massachusetts Avenue; it is essential to provide at least two full moving lanes on Grant Street and if parking were permitted along one side of the street, it would reduce the available width of pavement to about 18 feet, which is inadequate Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee and deny the request of the Post Office to move the sign "No Parking Here to Corner" to a more appropriate spot on Grant Street closer to the corner of Massachusetts Avenue. The Chairman read a report from the Traffic Committee regard- ing the request of the possibility of moving the bus stop from Tewksbury Street to Shirley Street. The Traffic Committee does not believe that a relocation is warranted as there is a bus stop on Bedford Street at Hill Street, Shirley Street side, and one at Tewksbury Street, and it would bring two bus stops too close Shirley together. The Committee believes that neither the condition of Street Tewksbury Street nor the extra distance involved in walking from Bus Stop Shirley Street to either bus stop is considered to be a serious problem The Board agreed to request the Traffic Committee to consi- der having the bus stop at Shirley Street rather than one at Hi II Street and one at Tewksbury Street The Chairman read a letter from Mrs. Tausch regarding the intersection of Lowell Street and Winchester Drive, which she feels is badly in need of adult supervision, particularly while it remains without a pedestrian crossing light The Chairman said that the light has been approved but, in Mr. McSweeney's opinion, it will be 90 days before construction Winchester What is the Board's feeling on the interim basis? It would cost Drive $350 to outfit a crossing guard. Crossing Mr. O'Connell said he wouldn't want to spend $350 for 90 days. I have suggested taking a crossing guard from the school and putting her up there and have one, not in uniform, at the school for 90 days The Board agreed that Mr. O'Connell is to talk with the School Department. Upon motion duly made and seconded, it was voted to sign the Common Victualler License for the following Common Victualler Anthony' s Restaurant 27 Waltham Street Licenses Geoffroy' s Pharmacy, Inc 411 Waltham Street McManus Ice Cream 399 Lowell Street Hayden Recreation Center 24 Lincoln Street 322 Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen's Meeting of December 7, 1970 Upon motion duly made and seconded, it was voted to sign Rolfe Rd the Order of Construction of Sewer on Rolfe Road from Woburn Sewer Order Street, a distance of 784' N.E to end. The Chairman read a notice from the ABC regarding the regu- lations for Christmas Day, December 25, 1970, and New Year's Day, January I , 1971 . Upon motion duly made and seconded, it was voted that Pack- age Goods Stores are to remain closed on December 25, 1970 and ABC January I , 1971 . Motels and Clubs may serve during the usual hours on December 25, 1970 and January I, 1971 . (The Board previously voted to grant permission to the Elks and K. of C to serve until 2 00 a.m. and Sheraton Inn until 100 a.m. on New Year's Eve.) Representative Lincoln P. Cole met with the Board. The Chairman said that we have received a letter from the Mayor of Lynn asking that we join with them in requesting Governor Sargent to veto the proposed MBTA $300 M bond issue We are look- ing for information from you as to what the bond issue is going to do and how it affects Lexington. Mr. Cole said that he didn't think it would be in the Town' s best interest to ask the Governor to veto it The big thing is the extension to bring the subway out to Alewife Parkway; it would be $ 150M for that; $ 166M is going in on Haymarket $150M brings in a lot of federal money, another thing is the $25M to get the MBTA rights-of-way on some of these railroads. The Chairman asked about the request the Governor made for an overall transportation study on the Boston transportation problems. Mr Cole said, frankly, it has been studied to death. The Chairman said that if he is going to ask for a study, the bond issue is dead. Mr. Cole said it could be a stalling tactic As far as Lexing- ton is concerned, it is certainly not in the best interests to vote this The Chairman asked if he recommended some action be taken that no study be made and write to Mr. Volpe? Mr. Cole said he had just written a three page letter on this. It is in the Town' s best interests to take the position that the bond issue should be supported The Board agreed to inform the Mayor of the City of Lynn that the Board believes it is in the best interests of the Town that the bond issue go through. Also, to write to Governor Sargent that we will support the bond issue but the Board is not in favor of going through another study 3202 The Board agreed to write to Mr Volpe, Secretary of Transport- ation, and inform him of the decisions made and to try and urge Governor Sargent to continue as we were going to get some of these problems solved. The Chairman informed the Board that a letter has been received from the Appropriations Committee regarding the Harrington House, stating that they do not think it appropriate to originate any sug- gestions concerning the potential use of this property; we feel it Harrington is important for us to maintain our indepeddent point of view on House these matters, rather than become advocates of a specific proposal . The Committee would be happy to discuss it at our convenience The Chairman said we have not received information from the Planning Board but I read in the paper what their feeling is. Mr O'Connell said that the Town Engineer has requested a transfer of $850 to do the overhaul of the swimming pool pump. Mr. McSweeney said that the pump was installed last fall . The Chairman said there is substantial money left in the Recre- Transfer ation account; therefore, we should not ask for a transfer. We Requests recommend that this bill be paid out of the account as it now stands and if, in the final analysis, there is more money needed at that time, we will ask for a transfer. Mr. O'Connell also requested a $2500 transfer in the water maintenance account He said that $4943 were spent on frozen ser- vices and only $2943 was appropriated for that item. Transfer The Chairman said that he assumed that most of the $4943 ex- Requests pended was for road machinery charges which is an internal book- keeping account It is my feeling rather than transfer money for this purpose, we should not make the charges to the road machinery account Mr. O'Connell said that he would check with Mr. Perry and if this is the case, get the situation resolved. The School Committee, Permanent Building Committee, Appropria- tion Committee and the Capital Expenditures Committee met with the Board Mr. Farwell, Chairman of the School Committee, said that we Joint requested this meeting to discuss the new Junior High School . The Meeting School Committee has met with the Appropriations Committee and the Junior Capital Expenditures Committee has met with the Permanent Building High Committee and most of the questions have been answered but we felt it desirable to all, to meet at this time We recognize that we really don't have much time; the plan is to have the bids in on January 4, information meeting on January 6 and Town Meeting on January Il . We hope we can, with the assistance of the Permanent Building Committee, answer any questions and we are prepared to discuss any part of the program. Most of you are aware that the cost estimate is the Architect' s estimate and in the past, this 324 Architect has been close to the bids. This is encouraging as the cost estimate is one of the major issues as we see it Another question raised is, basically, concerning the need. There are two new imports since the last time the needs were discussed; one is the publicity on the State program on open enrollment and the number of students in the building at any given time, this doesn't affect the size of the school to any degree; students are given permission to go uptown in the middle of the day (there is some feeling from parents on this) but there are times when all stu- dents will be there The other factor is the Vocational education effect; it now looks like a reasonable possibility as there will be four or five other Towns voting on it at Town Meeting and the wheels will start to turn to build a Vocational School ; the earliest it is logically expected to be built is in 1975 Esti- mates made earlier were there would be about 200 students; that is the only basis we have to work on The School Committee and the Permanent Building Committee would like to get the support of the Apppopriation and Capital Expenditures Committees and the Selectmen on the Junior High Mr O'Connell said he believed the Architect' s last estimate was $4,800,000, is that correct? Mr. Taylor replied, yes; as of November 1, his estimate was $4,700,000 and we had to delay bidding to come in two months and added two percent; we are carrying $4,800,000 but, at the Town Meeting, it may be $4,600,000. The Chairman said that the article in the paper cited speci- fically on open enrollment that it continue as it would and you would need one-third the space you got in the High School There was a quote from people of Lexington. Where did they get the in- formation? Dr. Fobert didn't recall that a particular person gave this but the general concept is they could require one-third less The Chairman said, in other words, they didn't talk with you people? Dr. Fobert replied, no Mr Bailey asked has the possible relief that the Vocational School might provide been considered when planning ahead, that 200 students might be syphoned of f2 Mr. Farwell said if you follow the projection, you assume that it goes down as you go out; if you take 200 out, it makes a difference If you look at the Metcalf & Eddy projections, the number of children would increase because of the number of houses going up and whether Metcalf would correct this is something none of us know, the trend is on the basis of the existing trend. Mr. Furash said the Appropriation Committee questions come in three parts based on our discussion today; first, the school is being built to meet a program and we are not clear about the program through the expansion of the school; second, the major assumption is to have 6-3-3 system and the Appropriation Committee 325 is asking about 6-2-4 because of the options involved in the change to 6-3-3; third; anything put out for bid, is this, in the view of the Permanent Program Committee, the most economic design you can present to the Town and confident going but to ask for proposals? We are still open on three questions, ( I) we want to be sure the School Committee is pursuing the right program (2) to see other options on 6-2-4 especially with the Vocational School coming in. (3) if you want to pursue 6-3-3, we won't debate but given these two points, we want the Committee to feel very confident on the pro- posal for the building itself. Mr Farwell said that the answer is yes This has been done twice in the department, once at the time of the original program and at the time of starting over (2) 6-3-3 vs other format, we considered rather fully in the beginning and what was the possibi- lity of looking at other arrangements. One was assuming it a four year high school , would it be practical to add an addition; we re- jected it because it makes a pretty large thing and was not condu- cive to that site; at the present time, most of the people on the Committee prefer smaller rather than larger The option is to con- sider 6-3-3; that is how we got into this. We were considering the Joint possibility of 6-2-4 but we feel this is the right decision. We Meeting had a few problems in the 9th grade and one of the factors is that they didn't seem to be mixing in to the High School at all and there is a problem there Dr. Fobert said that 6-3-3 was consistently given Os the model concept.. The conclusion is if you have options in some cases in 6-3-3 what buildings you have available. If you have youngsters stay in for a minimum of three years in that middle school they all go to K5 the next year and that is an advantage to the youngsters Two year school is not desirable and one year is not acceptable Mr Taylor said as to design, I think it is acceptable and think the Architect has done a good job and come in pretty close to their estimates We examined a number of firms and looked at this one and their records on other schools. They are doing a lot of schools now and doing a good job on plans and come close to their estimates; they do a good type work on specifications and plans. They did four jobs in the fall and all have come in a little bit below their estimates We have confidence in them. Their design is most economical and they have been able to make it more compact, a three-story structure, open on all floors and is less expensive. If you look at the present estimate of $4,800,000 and look at $5,600,000 for the last package; with escalation going on, it is obvious there is money saved I think they have done the best job possible and don't think it could be done for less money Mr. Furash asked isn't your Committee in unanimity on this? Mr Taylor said the Committee worked closely with the Archi- tect and the Engineers design I believe we are all in complete agreement Mr. Furash said one point we noted a change from time to time, basically to be let for construction and equipment the 326 flexibility on the budget has resulted in the Town picking up the lower cost on the playground We are concerned about playing fields, etc and that you won't be back for more money Mr Taylor said we have plugged into this figure, one place or another the site work necessary to build all the playing fields and athletic field. I am not familiar with Other schools where they have to come back to the Town. In my experience in the last seven or eight years, I don't know of anyone coming back Mr. Furash asked what contingency plan the School Committee has prepared in it is turned down? Mr. Farwell said if it is voted down at Town Meeting, we are in the position we would expect to go into double sessions next fall and would work out the least painful way and, economically, what the solution is. We are looking at this in a positive manner. We have received a great deal of support from many people on the Committees concerned about this school . We hope everybody is aware of the need and the fact that it has good points and bad and on that basis, we feel there will be no difficulty. The Chairman asked why go double sessions in September, are you planning it in September anyway? Mr. Farwell said we are planning double sessions in 1971; it looks like the enrollment may go up another 40 or 50 The Chairman said, double sessions, anyway Mr. Farwell said, yes and maybe for one year if we find the school is voted down we would look at double sessions The Chairman mentioned that the estimated price is $4,510,000 Mr. Taylor said the project is $4,700,000 We have already paid the Architect something approaching $200,000. Contingency, $ 110,000. The Chairman asked what the Edison cost would come out of? Mr. Taylor said it was in the general contract Mr. Brown said the original bids indicate power from the Franklin School and general bidders take that Edison said it would cost $ 145,000. 1 have had meetings with them and the Arch- itects and Edison has agreed to bring power in. We are asking for an alternate bid. Mr Taylor said we might when Edison pays it, we might have to ask for $15,000 more. The Chairman said his concern is the contingency fee. Mr. Taylor said that is approximately a 2% contingency and that is low Rosane says we always carry 2% and he sent me a letter which has his last five schools; 1 .26% is his average and he is well within 2% and if he is asking for this, I don't think the Building Committee would say 5% Mr Furash asked if there were any other costs? There are roads there and access is there anything we ought to know about new rather than later Mr Greeley said he believed the Building Committee is really content with their plans for access. I am not convinced that we won't need additional access and there. maiy bersome later date addi- tional monies to improve the access. 32 Mr. Taylor said we have talked with the Selectmen about access from Marrett Road; we have talked about a footpath to be used for emergency vehicles, the Fire Department and other Boards would like this. We have passed the decision We had originally planned on foot access over Old Stedman which is now used by the Franklin School and hope that could be paved but the legal condition is cloudy We don't know how much that would be used; if it turned out it was, it may be necessary to pave Old Stedman Road or put a walkway on the school side It would cost $20,000 and in four years, somebody might come back and say we ought to do this. It raised a lot of questions on traffic; people leave kids off and it is too complicated. Dr. Fobert said in reviewing traffic, the system designed is complete and designed in the plan and we are convinced it will work The one on paper now will work to bring youngsters in and out. Mr. Page said he has recommended to the School Committee that it is very desirable to have a house on the property and have some employees live in it. The fact that there is someone on the property makes a difference The Chairman said we are having an appraisal made for an Article in the Warrant and whatever monies would be over and above this? Mr Taylor replied, yes, for the 3rd Article in the Warrant for the further plan, the stretch from Brookside up to Allen Street; and keeping the building located in the best part of the site. It is an old abandoned road and don't think the cost would be too much Mr. Boughton said they had discussions with Mr O'Connell and Mr. Perry about possible alternates for financing the school and wondered whether the Appropriation Committee had given thought to other than 20-year bonding in the past. Mr Furash said, not to date, we have not looked at the question of alternatives. We were very supportive of the Treasurer in his desire to go on short term on the Town Office Building and delay the school for a year and not subjecting the Town to high interest rates. Mr Zehner said that he had asked New England Merchants for projections for financing cost for 10- 15-20 year issues; the projec- tion was 4% for ten years, 4.40% for 15 years and it wasn't a meeting of the minds of the officer and me when he suggested 4.80% for 20 years; currently it is about 5 40%. If we take the interest rate for 10 years, assuming 10-year maturity over the 10 years the total is $ 1 ,056,000; 15-years, $ 1 ,689,000; using 4.80%, which I think is low, $2,419,000 The impact on the tax rate of 10 year issue would be $2.33 as opposed to $ 1 97 for 15 years; we would have a lower im- pact going for 20 years, $720,000 additional interest. I shall re- fine these figures for the TMMA informational meeting. Mr. Kingston said this does not include reimbursement Mr. Zehner said yes; this is net, assuming 43% of the principal . Mr. Farwell said he assumed we have your support? The Chairman didn't think anybody would take a position unless there is a formal vote I am sure the other Boards will go back and 111 discuss it 328 Mr. Farwell said we all understand the situation and the inten- tion of this meeting is to get any questions answered and the main question left is what the cost of the school is. We want the sup- port of all the Boards; we have had two rounds Mr. Boughton said in fairness to the Building Committee, to sit here and not be able to express an opinion, I feel we owe it to the Building Committee to say why If anybody here feels he cannot support at the budgeted figure, the reasons ought to be brought out so the Building Committee has a chance to think about it and so the other Committees have a chance to think about it. The need has been discussed time after time aside from the budget figure which is unknown at this time. I don't think we can do our job if there are lingering problems The Chairman asked if anyone was ready to commit himself, any Conon i ttee? The Capital Expenditures Committee was recorded as supporting the Junior High School Mr Furash said that the Appropriation Committee would discuss it tonight. Mr O'Connell asked if the Permanent Building Committee is to recommend the building regardless of what bid or they would noineop- port the school on a higher or estimated bid? Mr. Taylor said I don't think the Building Committee is ready to support if the bids came in higher; we would have to sit down and discuss it As we said any conclusions drawn on what we think the bids will come in and over it, it will be a different ball game. The School Committee, Appropriation, Capital Expenditures and Permanent Building Committees retired from the meeting. Later on in the meeting, the Board discussed the Junior High School Article. Upon motion duly made and seconded, it was voted to support the school at this time with the information that is available to them. Pending further information, the Board has the prerogative of changing this position. Mr. Catalde was recorded in opposition. Hearing was declared open in accordance with the provisions of General Laws, Chapter 131 , Section 40, the Hatch Act, regarding Hatch Act a notice of intent to alter certain inland wetlands of Curtis K. Parker Parker located at Woburn Street south of Marshall Road, Lexington. Hearing The Chairman said that .we have scheduled this hearing under the Hatch Act and it has been duly advertised. The Planning Beard representative, Mrs. Lois Brown and Conservation Commission repre- sentative, Stanley Brown, were present. Curtis K Parker, owner of the land, was asked to explain to the Boards Mr Parker said there was nothing in his mind other than fill and the lowland and wetland were the Town's responsibility; he always considered this a man-made brook and since that time I find it came under the Hatch Act The Town brought in the present :329 culverts a foot higher than came in on my property; the land was avail- able and I saw no reason not to fill it in. Since that time, kids in the fall of the year blocked up the culvert and the area became a swamp. I put up signs "no trapping " For the widening of old Route 128, fill was available. I called the Town and asked how about put- ting up a sign "hard fill wanted" and they said they had no objection as long as you don't make it too large. The Chairman asked who he talked to? Mr. Parker didn't know; he had called Public Works. The Chairman said we have no plan of what you have done or pro- pose to do Mr. Parker said that he had sent in a plan with a copy of the letter to DNR The Chairman asked if this is the same pian you sent to DNR? Mr. Parker replied, yes; they asked me how it was going to drain and what I was going to use if for The Chairman asked no plan for the grades? Mr. Parker replied, no. The Chairman asked the man' s name he had talked with? Mr. Parker couldn't think of the man' s name I have elevations of it; these elevations have been changed as I talked it over at the Engineer's office. Mr Parker showed on a plan where he had filled and said that it was going on for a year. The Chairman asked if it is all filled now? Mr. Parker replied, yes, for a full line about 8 feet from the brook. I always considered this a man-made brook. Now I find under the Hatch Act it should be cleaned out. I told the State Engineer it was not low enough What is the objection? It is getting rid of the mosquito and muscrat area The Chairman said this is illegal ; there are laws and we have to police them and enforce them. Mr. Parker said it has been done for a year, why now? The Chairman said that it took two months for the DNR to act. We want a clear understanding there is to be no more fill . Mr Parker replied, right. I bought this land for my children and the land is restricted for homes built for $ 10,000 above the ground and that is in the deed; it doesn't mean anything now with prices the way they are. The Chairman asked if any Board had a question? The Board of Selectmen, Planning Board and Conservation Commis- sion replied in the negative. The Chairman asked if anyone present wished to be recorded in favor? Mr. Robert Graham, 509 Woburn Street, was recorded in favor. No one appearing in opposition, the Chairman decFared the hear- ing closed The Chairman requested the Town Engineer, Planning Board and Conservation Commission to submit recommendations to the Board with- in seven days and we, in turn, forward them to the Department of Natural Resources 330 Mr Parker retired from the meeting The Chairman informed the Planning Board and Conservation Commis- sion that a joint meeting with the Board will be held on next Monday evening on the issues that have to be resolved before the Warrant closes. 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, 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 10.40 p.m A true record, Attest 4,4-411 Executive Clerk, Selectmen 111 111 33 SELECTMEN'S MEETING December 28, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, December 28, 1970 at 7 30 p.m. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present; Mr. O'Connell , Town Manager; Mrs McCurdy, Exe- cutive Clerk, were also present The Chairman informed the Board that a legal hearing had been scheduled at the request of Anthony' s Restaurant for a liquor license Liquor to sell all kinds of alcoholic beverages but the application has been Anthony' s withdrawn because of the lack of sufficient information to present to Restaurant the Board this evening. A new application is to be made and will be properly advertised for a future date for a hearing Mr. O'Connell reported to the Board that the Town has received an abatement from the Town of Burlington of the 1970 tax bill for Burlington property owned by the Town of Burlington He has written to thank Tax Bill the Town of Burlington and also asked for an abatement of the 1969 tax bill . Mr. O'Connell said that he has two requests for transfers from the Reserve Fund One is from the Police Department for $4,000, Police which is needed for the remaining year' s expenses on gas, cruiser Transfer repairs and the cost of outfitting three new employees. He has care- fully watched and examined the Police budget and feels they have done a good job on financial control . The cruiser damage has improved this year and the 1971 insurance payments go directly into E & D instead of direct payments for damages, if the payments had gone directly to the garage, there would have been a reduction of $4,000 in the 1970 bud- get Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Police Account No. 3800, in the amount of $4,000. Mr O'Connell said that the second request is for a transfer to the snow removal account of $46,490, needed to balance out the ac- count for the rest of the year. As of the last storm, we went in minus $6,761; and during the series of storms we incurred $4, 133 for Snow sand, $4,800 for salt; $20,000 for added cost of hired equipment; Removal $ 10,000 for Town equipment; miscellaneous, $584 Transfer Mr Greeley asked what was the balance in the account in Novem- ber? Mr. O'Connell replied that it was $19,079 as of November 30 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Public Works' Accorint No 5500 in the amount of $46,490 3 3,2 Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses for the following (approved by the Board of Health) 111 Common Victualler Alexander' s Pizza 180 Bedford Street Minute Man Restaurant 1715 Mass Avenue Wardrobe Pharmacy 807 Mass Avenue Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on December 14, 1970. Upon motion duly made and seconded, it was voted to sign the Sewer Order for Construction of Sewer on Orders Fessenden Way Rogers Road The Chairman said that a hearing was held on the Parker land on Woburn Street last week and we have received comments from the Town Engineer, Conservation Commission, Planning Board and the Board of Parker Health. In essence, they all say it has been filled in and they don't Land see any further problem of flooding as long as no additional fill is used Our letter to the Department of Natural Resources should incorp porate the thinking of all concerned. Mr Greeley said that we should remind Mr Parker that he is to do no more filling The Board agreed that Mr Greeley is to draft a letter to be sent to the Department of Natural Resources. The Chairman informed the Board that two reports have been re- ceived regarding the Harrington House. The Appropriation Committee said it would act on anything we would submit, but did not say whether or not it would support it. The Chairman read a letter from the Planning Board stating that it is not a high priority for the large expenditure of money. Harrington The Chairman said it was his feeling to go ahead - to look at House the building and ask Joe Lund to do the appraisal , which would cost between $500 and $ 1 ,000. Our position should be if we feel it is the thing to do, we should go ahead. Mr Mabee said that before we spend $500, he would like to know the real value and the uses of the land. The Chairman said that he had written to the Church and we have not received an answer Mr. Mabee asked how would it be used for the Library? The Chairman said that we should consider shutting off Clarke Street at Raymond Street Mr. Greeley said that there is a time sequence here. The Church is having a parish meeting on January 5 and this isn't on the call for the meeting. Do you want me to get them to discuss this and come back to the Board? 111 333 The Board agreed not to have an appraisal at this time but an in- spection of the building will be made, if possible Mr Greeley is to talk with the members of the Parish Committee and report back to the Board on January II , 1971 . The Chairman asked if there were any other Articles to be dis- cussed? Mr. Greeley said that Mr Michelman had drafted something the LCSR would like to be considered The issue is whether or not the Board, at the request of the Commission, would be willing to insert either or both of two Articles dealing with the use of funds for mino- rity training purposes. The way the Articles had previously been worded, the one for $ 10,000 and the By-Law change, they didn't specify the money would be used for transportation Conversations with labor people and the contractor suggest that some of the money may best be spent on providing money for transportation facilities. We would like to add, for transportation during training We are not asking for more money but a re-definition of how the $10,000 may be expended. LCSR The Building Committee does approve if the Comptroller and/or Town Minority Counsel would allow that to include transportation. Mr. Michelman. afd Article Mr Taylor have worked on the wording of this and it is their wish that it be included in the Warrant The Chairman said that he would hate to see them spend money this way Mr Greeley said that the purpose hasn't changed; the question is whether we were too narrow in wording it. The purpose is to get trainees on the job. Mr Kenney said that in discussions on the Town Office Building, this was one area we went into and it can be a problem In essence, he felt it should be included. The Board agreed that Mr Greeley is to check it out with the Comptroller and Mr Legro. Mr Greeley said there is a question, also, whether the By-Law on the use of sidewalks should be changed. The Chairman said that in talking with Mr. Legro on the report By-Law of changing the By-Law, he isn't ready because of his workload. I Change feel I should talk with Mr. Cogan and explain this to him and suggest that he consider it for the next Special Meeting The Board agreed that the Chairman is to talk with Mr. Cogan re- garding the amendment to the By-Laws on the use of sidewalks. The Chairman informed the Board that Mr Adams of the Minute-man has requested that a copy of the minutes of the Selectmen' s Meetings be Adams submitted to him Minutes Mr. O'Connell said that Mr. Adams had discussed his concern as he didn't think he was getting proper material on the meetings. I have volunteered to brief him and Mrs Scigliano and I feel he is getting the information. After discussion, the Board agreed that the Minutes would be avail.- III able to Mr. Adams at the Selectmen' s Office after they are approved 334 Upon motion duly made and seconded, it was voted that the Minutes of the Selectmen's meetings would be available to Mr Adams, after they are approved by the Board. The Chairman informed the Board that Mr Max Straw' s term of Appointment office es a member of the Historic Districts Commission expires on Historic January I, 1971'. Districts Upon motion duly made and seconded, it was voted to re-appoint Mr. Max H Straw a member of the Historic Districts Commission for a five year term expiring January 1, 1976. The Chairman informed the Board that a letter has been received from Mr. Whitcomb, State DPW, stating that the Federal Bureau of Route 128 Roads has approved the concept we have asked for regarding an addi- Interchange tional interchange on Route 128 in Lexington between the existing interchanges at Route 2A and at Bedford Street, providing a satisfac- tory arrangement of collector-distributor roads can be worked out as proposed. Howard Needles has not finished the study from Route 3 to Route 2 but Mr. Whitcomb sees no problem that it will be approved. Mr Blake, Mr Kingston and Mr Whitman of the Capital Expendi., tures Committee met with the Board The following budget figures were discussed The Chairman said that we have $450,000 for laterals and $100,000 for trunk sewers, but we haven't voted it Mr Blake said that unless there are some specifics, we feel this is more than should be put in. The Chairman said that we have always had $600,000. Sewers Mr. Blake said it is the strong recommendation of the Appropria- tion Committee, and we accept it in concept, that we hold back We anticipated less than your total figure of $ 1, 109,000 The Chairman said that it is a reduction of about 23% this year. Mr. Blake said that is a step in the right direction I am dis- appointed you don't have specifics for laterals and trunks. The Chairman said we have $900,000 in requests and we will have a major construction job in one area, but we also have some problem: areas. We are going to assign priorities on the requests received. Mr Blake said if you had specifics, we would like to know what they are We did have a session with the Board of Health. We have heard of these emergencies but when we follow up on them to find out what happened, we find that the people that cried the loudest for service didn't connect on once it was made available. We had come up with a figure of $400,000, and hoped to come in under a million dollars Mr. Kingston asked to talk about Public Works; there is a carry-over of $431 ,000. The Chairman said the money is all committed. We have $80,000 as a contingency account because we have two problem areas, one of peat and one of ledge. The Five Fields' sewer is a $600,000 job; 335 we arestill carrying that job and we are holdingthe moneybecause we Y 9 think we will have trouble in Five Fields because of the ledge. The money has been spent but not paid Mr. Kingston asked what is the status of the $ 150,000 carry-over on trunk sewers The Chairman said it is for Bates Road, the Schumacher farm area, and is under design now. $ 100,000 is being asked for; it will come up through the Green and White land, northeast of Woburn Street into Young Street area. If we consider sewering that at all, this trunk would go in that area We see no money for subdivisions. On Storm Drains, $36,000, there are two areas of drains, one at Storm Marrett Road and one at Wood Street Drains Sidewalk Construction, $45,000, basically, it is to finish up Side- Hill Street; Winchester Drive when the pedestrian light goes in walks Street Construction; we are asking for $25,000 for design sur- vey, final plans and specifications of Spring Street; we are not look- Sewer Con- ing at it as Chapter 90; we are going to design Spring Street for struction reconstruction. 1971 Chapter 90 funds are going to be used on Marrett Road to Sherburne Road. Water Mains, $35,000; a continuation of Hayden Avenue and Spring Street Mr. Whitman asked why didn't you put in the main in Hayden Avenue Water when you built it2 Mains The Chairman replied that the Board requested money for installa- tion of water mains in Hayden Avenue when it was originally constructed and Capital Expenditures and Appropriation Committee recommended against it and Town Meeting accepted their recommendation. We put it half in last year and want to continue on and loop that system for Raytheon, Kennecott Copper and the people on Waltham Street Photogrametric Survey & Maps, $30,000. The Chairman said that, basically, this shouldn't be in the Capital Expenditures' budget but Photogra- the last time it was done was in 1958 or 1960 and we want it updated. metric In laying out our roads, we need a lot of information and we have Survey been getting it in bits and pieces We hope this will pay for itself Road Machinery, $60,000; the usual replacement schedule Rd. Mach Recondition Calgon Vaults, $ 15,000. Mr. Whitman said that in previous discussions, it was said this could wait until next year The Chairman said that regardless of what happens to the fluori- Calgon dation program, this would have to be done. Vaults Mr. O'Connell said that if we go forward in 1971 with fluorida- tion, the program would include calgon injection and the indication from Whitman and Howard is that the present calgon vaults would not sur- vive without renovation; regardless, two vaults wouJd. baya to be re-done 336 Recreation, $20,000. The Chairman said we are reluctant to spend any more money on the Harrington School until we decide on that Recreation school site We should have a master plan drawn. Mr O'Connell said that the Recreation Committee originally aske asked for $40,000. This figure is $12,000 for playground expansion; $ 1,000, riding ring, $ 1,000, facilities for the elderly, $4,000 tot lot; the remainder for the improvement of the lighting at the Center basketball courts Lincoln Lincoln Street area; $25,000 The Chairman said that we feel Street we should clean it up General Government Town Office Building Parking Area, $25,000 Mr Blake asked if you are putting back the parking lot, and TOB the access never was part of the Contractor' s agreement? Parking The Chairman replied in the affirmative Area Mr. Blake asked why was it not included in the original appro- priation? The Chairman replied because we didn't know where the entrance and access would be We have some preliminary sketches; we know the whole traffic pattern will have to change Mr. Kenney said that the only question that came up was whether there would be sufficient parking left and the answer is, we could expand behind this area The Chairman said that this is the concept we have already gone through Police Station Air-Conditioning Equipment, $27,000 The Chairman said that if one building in the complex is air- conditioned, the whole complex should be. The second floor of the Police Station is for administration offices Police Mr O'Connell said that the utilization of space on the second Building floor is much higher; we have further restriction of the air flow in that area and last year temperatures were recorded well above 100°. Mr Kingston asked why it was not in the original appropriation? Mr Kenney said it could have been. It was pointed out by the Architect to allow for changes and put in the proper power This is for the whole building. Mr. O'Connell said that the system proposed on the Police Sta- tion is for a packaged air-conditioning unit, a room-type of cooling system Town Office Building - F.E. & F - $ 10,000. Mr. Kingston said that $5,000 was the original figure TOB Mr. Kenney said that we said if we needed it, we would come back F.E. & F. for more money. We ran into difficulty with burned out wiring Mr. Whitman said that it was the general feeling of Town Meeting they were voting the total amount and didn't believe there was going to be further additions. 337 Mr. Kenney said that we may have to come back in one year on the furniture On the air-conditioning, we didn't at that time in- tend to do it On the parking area, it had to be changed. Mr. Whitman said these are expenditures beyond the total cost Mr. Kenney said we specifically said we would be back on the furnishings. We kept that appropriation request at a minimum Automatic Data Processing Equipment, $ 10,000. Mr. O'Connell said there is a change in my recommendation based en something we had experienced recently; one major machine expired and it would be $3,000+ for minimum repairs or $8,500 to buy a ma- chine. This machine is 8 to 9 years old We could adjust our future data processing plans so we do not have to buy another machine like this one. If we procure data processing, we could make part of that Data contract the temporary furnishing of an equivalent piece of equipment. Process- It will be $32,000 in 1971 instead of $40,000 spread over 1971 and ing 1972. Mr Blake asked if the machine could be revived for $3,000? Mr. O'Connell said it would have to undergo a major overhaul, plus a rental cost while this is being done. Mr Blake asked if it were possible to rent one? Mr O'Connell replied in the negative. Mr. O'Connell was asked for a breakdown of the $32,000 and he replied that $6,000 to $7,000 would be for systems development work and $24,000 to $25,000 for a small business computer to replace all of the current machines the Comptroller has. Mr. Blake asked how he is solving the immediate problem? Mr. O'Connell said we are limping along with a loaned machine from Burroughs, at no cost. We would have to move fast with the manufacturer to solve this problem. Five voting machines, $ 10,000 Mr O'Connell said this is at the recommendation of the Town Clerk. The recent change of the voting age to 18 years will in- Voting crease the number of voters and not later than September, 1972, the Machines Town will need five voting machines. We might have to wait as long as a year for delivery and the whole idea is to have them for the 1972 September primary. We would need five more machines to meet the local requirement. Local Disaster Preparedness-Civil Defense, $5,000. This would Civil be for relocation to some place other than Cary Hall . Defense Land - Concord Avenue Playground Area, $30,000. Planning Board Concord originated at the request of the Conservation Commission. Avenue Land - Worthen Road area, $50,000 We are carrying a number of $50,000 and this is to buy land between Marrett Road and Sherburne Road. Worthen There has been no decision yet as to how it will be divided up. Road Mr Kingston said if we don't buy this, we can't build that road. The Chairman agreed 33b Harrington Land - Harrington House The Chairman said we don't knew what Land the figure will be Westview Westview Cemetery Expansion, $8,000. The Chairman said this is transferred from the Trustees Mr O'Connell informed the Capital Expenditures Committee that I Conserve- the Conservation Commission hasn't given anything to the Selectmen tion to consider Mr Blake asked if there were any other outstanding committees Bowman and boards expected to submit something? School Mr O'Connell said there is the roof of the Bowman School . Mr Kingston said we can assume there are no capital expendi- Fire De- tures for the Fire Department partment The Chairman agreed. Mr Blake said that his committee had talked about a cut-back; we would be happy to go along with you but we don't think they need to be that high The Chairman asked him to go over the figures with the commit- tee and come back to the Board. The Chairman discussed Article 4 of the January Town Meeting. Article 4 He said that what we need is authorization for an expenditure of January Town $750,000 This would take an amendment to the 1968 Article to in- Meeting crease the authorization from $550,000 We would still reduce the amount of the bond by the monies from the Air Force, Water Pollu- tion Board and the Town of Bedford. We should have the amounts worked out by next Monday The Capital Expenditures Committee retired from the meeting. The Planning Board and the Conservation Commission met with the Board The Chairman informed them that a letter has been received Route 128 from Mr Whitcomb of the State DPW that the concept we have asked for regarding an additional interchange on Route 128 has been ap- proved. Howard Needles has not finished the study from Route 3 to Route 2 but Mr Whitcomb sees no problem that it will be ap- proved Parker The Chairman said that the Conservation Commission sent an Land accompanying letter with the recommendation on the Parker Land for the report to the Department of Natural Resources The Com- mission asks what rules and regulations are followed by Town employ- ees regarding Mr Parker' s statement that he had permission to erect a sign asking for solid fill The Chairman said that no one got permission to put the sign up. We have no rules and regulations and can't issue a permit; we couldn't if we wanted to 99 The Chairman said we should talk about Worthen Road and how we should go about it The Beard voted to lay out Worthen Road from Marrett Road to Sherburne Road and use 1969, 1970 and 1971 money In Worthen order to do that, we have to buy the land. We will have two separate Road Articles, one for Conservation and one for general purposes Are there any questions? Hearing none, the Chairman said we will insert the Article as such Mr. Lund said that he had received a request regarding the possibility of obtaining maps of the Town The Planning Beard is Photo- delighted to support the request for the photogrametric survey but grametric they didn't want it to be reflected in any of the budgets Survey Mr Worrell said that with the traffic generated by the Meagher- ville project down Reed Street, we hope the Selectmen would consider reconstructing the remaining part of Vail le Avenue and Sunny Knoll Avenue and suggest the Selectmen consider having it on the agenda The Chairman said that we have declared a moratorium on streets Streets This year, we are asking for $25,000 for design money for Spring Street; what you are saying is two years away, if the Board sees fit to accept it next year Mr. Worrell said even if Meagherville is accepted, we would like it considered for 1972 The Chairman asked if they have any streets coming in? Mr. Zaleski said yes, one or two The Chairman said thay you know we have to hold the hearings. Up®n motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or vot- Executive ing on matters which, if made public, might adversely affect the Session 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. Upon motion duly made and seconded, it was voted to adjourn at II 30 p.m A true record, Attest Executive Clerk, Selectmen