HomeMy WebLinkAbout1970SELECTMEN'S MEETING
January 5, 1970
A regular 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
Peter A. Donovan, Jr.
Wardwell F. Holman
Richard E. Lee
Kenneth Lewis
Brainard J. Noyes
Harry Sakalay
Kimball S. Stevens
Ralph H. Dutcher
Lockland B. Mills
Donald S. Champagne
Eugene E. Dacey
jurors were drawn:
32 Ivan Street
249 Wood Street
297 Emerson Road
9 Holmes Road
10 Briggs Road
28 Stimson Avenue
580 Lowell Street
33 Skyview Road
2 Essex Street
49 Cliffe Avenue
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-
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.
3
Jurors
Appointment
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
536
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 saidthat 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 is 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; if 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 1 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.
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
recommended a three-hour minimum.
Mr. Gray said that it has been three years since this rate has
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.
Police
Special
Detail
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.
Permit
I.D. Card
1st Class
License
Minutes
Mass.
Avenue
Common
Victualler
Licenses
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
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
the Chairman to sign the Liquor Identification Card for Donald L.
Gates, 17 Wheeler Road.
Upon motion duly made and seconded, it was voted to sign a First
Class License for the following:
Auto Engineering, Inc. 436 Marrett Road
Lawless Mawhinney Motors, Inc. 581 Marrett Road
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
statement, of expenditures covered by Memorandum of Agreement between
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:
Anthony's Restaurant
Bellino's
Buttricks
Howard Johnsons
James H. McManus
Minute -Man Restaurant
Pewter Pot Realty Corp.
George R. Reed & Sons
Wardrobe Pharmacy
27 Waltham Street
141 Mass. Avenue
34 Bedford Street
Route 128
399 Lowell Street
1715 Mass. Avenue
1710 Mass. Avenue
1721 Mass. Avenue
807 Mass. Avenue
5e)9.1/'
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. Riffin 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:
Eleanor M. McCurdy
Executive Clerk, Selectmen
540
Proclama-
tion
Jr. High
Access Rd.
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
the Board to discuss.
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-
mous opinion that locating the school that close to Route 2A would
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?
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.
J42
Town
Office
Building
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:
1. January 27 or 28; Final plans and specifications to be in the
hands of committee for review. Mr. Davies said that he would
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,_and .we
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
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 1; 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 wi11 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
and he will report back to the Board on next Monday evening.
.544
Recreation
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
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
can talk with the Planning Board.
Mr. Mazerall said that the P
parcel within the ball park; it is
feasible use of this area and we
lanning Board says the Town owns(eech
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 balifield.
545
The Chairman said that if there is a clear title to
couldn't agree more, but under the conditions that exist,
should think about it.
Mr. Mabee said that they are saying they are ready;
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 ballfield there and the Architect would
say to put the school there.
Mr. Gallagher said that the amount of money for a ballfield 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 ballfield 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 land, he
the Committee
we are not,
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
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.
"Res"
154E
Modoono
Option
Sewer
Rules and
Regula-
tions
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."
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.
Upon motion duly made and seconded, it was voted to sign the
exercise of option for the land of John Modoono.
Upon motion duly made and seconded, it was voted to adopt the
sewer rules and regulations, as recommended by Mr. Burke.
These regulations are to be published in the newspaper for
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,
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
Wilson's position that he never granted an easement
out.
It was agreed to include the intention to lay
subject to approval of the Town Engineer.
service? It is
to anyone. Check it
out Mason Street,
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
matters which, if made public, might adversely affect the public securi-
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:
Executive
Session
548
Article
Deletion
Article for the Russell House property.
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:
J -Y
C C�
Executive Clerk Selectmen
)22
1
SELECTMEN'S MEETING
January 19, 1970
A regular meeting of the Board of Selectmen was held in the Select-
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
a check in the amount of $8,100 as the Town's share in the 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
the Town on the alterations to Brook Street Pumping Station and Re-
lief Sewer.
The Chairman said that on the basis of this, we should have a
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:
Pro'.lett
State Town County
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.
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
detail rates, from $4.50 per hour, with a minimum of four hours, to
$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.
9
Milk Case
Settlement
Approval of
Brook St.
Pumping
Station
Chapter 90
Worthen Rd. -
East St.
Request
Special
Detail
556
Minutes
Town :Mgr's.
Secretary
Town Office
Building
Treasurer
Upon motion duly made and seconded, the Board voted to approve
the Minutes of the Selectmen's Meetings of January 5th and 12th,
1970.
Mr. O'Connell reported to the Board that he has advertised for
a secretary and has interviewed eight applicants for the position.
He expects to have a recommendation very shortly.
Mr. Kenney informed the Board that the Town Office 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
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
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.
Executive
Session
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
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.
1
Upon motion duly made and seconded,
two Articles on Hartwell Avenue from the
Upon motion duly made and seconded,
10:00 P.M.
A true record, Attest:
it was voted to delete the
Warrant.
it was voted to adjourn at
Executive Clerk, Selectmen
SELECTMEN'S MEETING
January 26, 1970
A regular meeting of the Board of Selectmen was held ill 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 1, 1973.
Permit
DPU Hearing
Cert. of
1ncorp.
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.
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
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:
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."
1
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
the Fair.
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.
Request for
Cary Hall
Upon motion duly made and seconded, it was voted to accept the
resignation of Patrolman Michael J. Downey, effective February 1,
1970.
Upon motion duly made and seconded, it was voted to
agreement between the Boston Edison Company, New England
Company and the Town, for police spotlight and necessary
on Hartwell Avenue, subject to approval of Town Counsel.
Upon motion duly made and seconded, it was voted to
water abatements for the following:
sign an
Telephone
apparatus
sign the
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.
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.
Police
Resignation
Agreement
Abatement
Articles
Town Office
Building
Bid
Jr. High
Article
Mr. Kenney informed the Board that the Sub -contractors' bids
on the Town Office Building will be due on March 12; General Con-
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-
fications and construction money for the Junior High School;
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.
Outlook Drive
and Downing
Road
Articles
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
Road do want it, he felt that he ought to bring it up for possi-
ble reconsideration by the Board.
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
an outright purchase).
Article 83: Legislation for sidewalk betterments. Mr. Legro
is to prepare the Article.
000
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
voting on matters which, if made public, might adversely affect the
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 resume the open meeting.
Executive
Session
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.
1
A true record, Attest:
Executive Clerk, Selectmen
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:
Town
Office
Contract
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 5t. 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. t� end,
Carol Lane from Bedford St. to end,
Paddock Lane from Fol len 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,
MinoIa Rd. from accepted portion to Bloomfield St.,
Bloomfield St. from end of subdivision to Highland Ave.,
Downing Rd. from Marrett Road to Outlook Drive.
Upon motion duly made and seconded, it was voted to sign the
contract with Perry Dean and Stewart for the plans and specifica-
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
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
William J. Condinho
Arthur R. Taverna
69 Woburn Street
8 Stedman Road
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
1
58L
County
Government
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
conc,Jusion 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 wi 11 become part of the contract.
Mr. O'Connell reported to the Board that he had attended the
meeting on County Government held on January 29, 1970 at the
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 Couty 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 theyare 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-
pointed by the Council for this purpose.
Mr. O'Connell said that the only significant thing he got out
of the long debate is that there seems to be general concern on
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
numbered 1620 Massachusetts Avenue to the westerly boundary line of
the premises now numbered 1654-1656 Massachusetts Avenue.
Upon motion duly made and seconded, it was voted to approve
the intention to lay out a building line on both sides of the en-
tire length of Wallis Court.
DPU
Telephone
Company
Rates
Mass. Ave.
Wallis Ct.
Building
Line
560
Cert. of
Incorp.
Minutes
Permit
Request
Police
Rates
"911"
System
Wallis
Court
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
the character of the following, who :has: applied for Certificate
of Incorporation:
Joann Spiro 39 Burroughs Road
"Action for Children's Television, Inc."
Upon motion duly made and seconded, it was voted to approve
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
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-
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.
After discussion, it was agreed to change the minimum number
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
"911" emergency system of the Telephone Company.
It was agreed that Mr. O'Connell is to discuss
Chief Corr to see if he is interested in becoming a
emergency system.
into the
this with
member of the
At 8:00 P.M., the property owners of Wallis Court and Massa-
chusetts Avenue met with the Board,
The Chairman said that this informational meeting is being
held to discuss the Article in the Warrant to establish a build-
ing line on Wallis Court and Massachusetts Avenue. He explained
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
Associated Estates, Inc.
Ralph H. Hall, Jr.
Mr. & Mrs. Edward Thivierge
Mr. & Mrs. Wendell H. Burgess
Mrs. Jean P. Comley
Mr. Ellwood C. Barret
1640 Massachusetts Avenue
60 Great Road, Bedford
1654 Massachusetts Avenue
1620 Massachusetts Avenue
2 Wallis Court
3 Wallis Court
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 7/ 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?
0 k aL
Executive
Session
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 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.
Upon motion duly made and seconded, it was voted to adjourn
at 9:55 P.M.
A true record, Attest:
Executive Clerk, Selectmen
1
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
Department Payroll during Mr. McSweeney's vacation of February 16-
20, 1970.
Engr.
Dept.
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.
4
Abatement
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
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
eharges.
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 no charge for Estabrook Hall but
the Association is to pay for custodial services.
Bloomfield,
Minola &
Downing Rd.
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
Street, Minola Road and Downing Road. We have proposed putting
a sidewalk on the easterly side of Bloomfield Street; on the
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,
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 agranite 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,lrt
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-
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 wewill have to decide what section we
will recommend for the $60,000.
6%i ✓
East Street
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.
v
566
Minutes
ABC
Free Cash
Board of
Appeals
LCSR
Mr. Greeley said that this request is for Palm Sunday
would be many church services, he felt that this would not
time because of church services.
It was agreed that Mr. O'Connell is to check out this
for 12 Noon on Sunday, March 22, and see if it is possible
range for a better time for the race to start.
and there
be a good
request
to ar-
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.
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, February 16,
1970.
The Chairman read a letter from the Director of Accounts which
informed the Town that $740,521 is the sum of available funds or
"free cash" as of January 1, 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:
1. $ 20 charge for renewals.
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
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:
568
Executive
Session
Youth
Counselor
1) 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
voting on matters which, if made public, might adversely affect the
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
Charles McManus as Youth Counselor for the Town of Lexington,to
work under the supervision of the Selectmen's Drug Advisory Com-
mittee.
Upon motion duly made and seconded, it was voted to adjourn at
9:00 P.M.
A true record, Attest:
xecutive Clerk, Selectmen
0G9 1
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.
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
Tess, 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
Mason Street from Pleasant Street a
less, easterly and southeasterly.
No one appeared in favor or in
declared closed.
open upon the proposed lay out of
distance of 1332 feet, more or
opposition, and the hearing was
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 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 Tess, 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
Shaw Place from Augustus
northwesterly to end.
The Chairman asked
Mr. Hsi -Ching Liu,
favor of street.
No one appeared in
closed.
declared open upon the proposed lay out of
Road a distance of 276 feet, more or less,
if there were any questions - No questions.
4 Shaw Place was present and was recorded in
opposition, and the hearing was declared
VAILLE AVENUE - Hearing was declared open upon the proposed lay out
of Vaii1le 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 Vai1le 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
declared closed.
WHITE TERRACE - Hearing was declared open upon the proposed lay
of White Terrace from Diamond Road a distance of 425 feet, more
less, northwesterly to end.
No one appeared in opposition or in favor, and the hearing
declared closed.
was
out
or
was
a 7.1
1 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 tolay 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.
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
Tess, 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
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
Downing Road and if you don't want it - just say so -
we are here for tonight, to discuss your feelings and
The Chairman commented that we will be very much
you vote Downing Road down after all the consideration
to vote it in. The street was supported by a petition
you at your word, so if we are going to construct the
will cstruct it the best way we know how.
S eone spoke out and asked if the street
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?
The 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?
to construct
this is what
concern.
surprised if
we gave it
, and we took
street, we
could be constructed
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 to 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 ofthe 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
1
8:45 P.M.
1
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 he 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. & 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.
r. Joseph D. Brucchi, 32 Downing Road (did not attend). His
tette expressed his opinion on this issue of the acceptance of
Downi g Road and to the inclusion of a sidewalk on the even numbered
side f the road.
e Chairman asked if there was anyone wishing to speak, no one
else Wishing to speak, the hearing was declared closed on Downing
Road.
MINOL ROAD - Hearing was declared open upon the proposed lay out of
Minot Road a distance of 105 feet, more or Tess, from Bloomfield
Streeif to the previously accepted portion.
e Chairman stated that there will be no sidewalk built on
Minor Road.
The Chairman asked the people to record themselves in either in
favor or in opposition.
rs. William C. Martin, 77 Bloomfield Street, recorded herself
in fa or of the street as long as proper drainage is installed.
rs. Felix A. Sartori, 9 Minola Road, stated that she was an
abutt=r and stated that she hoped, that during the time of construc-
tion, proper drainage would be installed to take the water from
Mrs. artin's property.
e Chairman stated that drainage will be installed at time of
const uction..
e Chairman asked if there was anyone wishing to speak, no
one else wishing to speak, the hearing was declared closed on Minola
Road.
he residents from Bloomfield Street asked the Chairman if the
sidew-Ik 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.
1rhe Chairman said yes they could and this would be considered
when the Selectmen review the minutes of the hearing.
e)1
`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.
Hearings declared closed at 9:00 P.M.
577
SELECTMEN'S MEETING
February 16, 1970
regular meeting of the Board of Selectmen was held in the
Sele men's Room, Town Office Building, on Monday evening, Febru-
ary 1., 1970 at 7:30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney,
Greel-y and Bailey were present; Mr. Legro, Town Counsel; Mr.
O'Connell, Special Assistant to the Board; Mr. Burke, Superinten-
dent .f Public Works, and Mrs. McCurdy, Executive Clerk, were also
present.
r. O'Connell reported to the Board that he had talked with
Rev. etaxas of the Greek Orthodox Church regarding the request
for t e annual ten mile race to commence at the Minute Man monument
at 12:00 Noon. The Board had questioned the starting time because
it mi ht interfere with church services but Mr. O'Connell had
check -d 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
pon motion duly made and seconded, it was voted to grant per-
missi n to the Greek Orthodox Church to Conduct the annual ten mile
race, commencing at the Minute Man monument, at 12:30 p.m.
ev. 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.
r. 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-
menda ions of what can, and should, be done on a one-year trial
basis have been prepared; they are waiting for a plan from the
Recreation Committee.
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.
"Old
Res"
Mr. 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 iI- 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.
r. Bailey said that 911 calls come into one point and someone
there has to fan them out to the Police, Fire and Civil Defense.
Mr. O'Connell is to continue to look into the system.
578
Collective
Bargaining
Hearing
Hayden Avenue
Options
Mr. O'Connell said that he had received the notice of a
public hearing, with respect to municipal collective bargaining,
to be held at the State House on February 19, 1970.
The Chairman explained to the Board that he had written to
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'Conneil 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.
McSweeney and Mr. Zaleski on these Hayden Avenue 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 attort
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 (1) 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
Appeals Fees
The Chairman read a letter from the Chairman of the Board of
Appeals, in answer to the recommendation of our Board for a fixed
fee schedule, rather than their suggested sliding scale.
Upon motion duly made and seconded, it was voted to inform the
Board Of Appeals that the Board agrees with the recommended charges
for Board of Appeal hearings, as follows:
I. 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.
e Chairman read a letter from Attorney Tropeano regarding
the ac eptance by the Town Meeting of Mason Street and stating that
any gr nt of easement given by the developer, who installed the
sewer cross Wilson Farm land, cannot and does not include the
Wilson land across which the developer installed the sewer.
e Chairman said that as he understands it, that 20' strip
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.
W. Legro was requested to write to Attorney Tropeano and
Mr. Legro agreed to handle the matter.
The Chairman read a fetter from Attorney Tropeano regarding
the prkposed 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
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.
M. 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
road from Waltham Street for the new Junior High School.
1 was agreed to refer this to the Planning Board and the
Traffi Safety Committee for a recommendation for the location of
an acc ss road, and to so inform the Permanent Building Committee.
Wilson Farm
Wallis Court
Access Jr.
High School
Traf f i c
Safety
Comm.
Workable
Program
Cert. of
Incorp.
Ambulance
Bills
Lexington
Golf Club
Fence
Viewer
Sidewalk
Policy
The Traffic Safety Committee Chairman was discussed and it was
agreed that Mr. O'Connell is to come back to the Board on next Mon-
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.
Mr. Greeley asked if our Workable Program lapses, can we
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:
Lester E. Goodridge, Jr.
Marie H. Goodridge
Anthony L. Mancini
"Education
24 Freemont Street
24 Freemont Street
115 Reed Street
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-
lance bills for 1967, in the amount of $189; most of the people
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 Golf Club for a renewal of their Club Liquor license.
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
March 31, 1970 caused by the resignation of Jack Garrity.
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.
Mr. Greeley said that he was concerned about the lack of
policy on when we have a sidewalk on a street and when we do not.
)Si
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 a 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 an thing to fall back on.
Th Chairman said that on Bloomfield Street, we will decide
that wh n we vote to lay out the street. We will: write to the
Plannin Board and the Traffic Safety Committee for their opinions
on a si ewalk policy.
The Chairman discussed Route 2 and said that he had called
the Governor'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?
The 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 get 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 ta< land has been received from the Planning Board, request-
ing that the Public Works Department dig up to five trenches to
expose Isoils 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 10 various parts of the site for the construction of housing
for the elderly and, also, the correction of any problems which
may exi t in this area. This information was requested for use
in formilating the Planning Board's report to Town Meeting.
Th Chairman said that Mr. Burke is not an engineer and the
questio is, do we want to get in the position of making recom-
mendatiens 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, et 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.
Th Chairman said that this is what it should be limited to.
This le ter asked for correction of any problems that may exist
in the rea; they are talking a substantial job.
Mr Mabee said that this is because there are no funds.
Thb 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.
Winthrop Rd.
Tax Land
Stoico Housing
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 Tots 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
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
the who e 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 wo Id have three bedrooms.
Mr Greeley asked if the so-called town house frame is con-
structe 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 is a sufficient area for open parking of 201 cars and there
would bg car ports for 105 cars.
The Chairman asked if -he was looking for a variance on the
building code?
Mr1 Stoico said that he would be; the law calls for apartments
to be u der 2nd class and he will go to the Board of Appeals to
build 3 d class.
Th 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 w ich 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
suburbs area like Lexington might have. If the Housing Authority
is able to purchase the two bedrooms in the $18,000 class and then
lease i , it might be an answer to a problem we have had.
Th Chairman asked how long it would be for total construction?
584
Executive
Session
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
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 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:
Executive Clerk, Selectmen
Pte' ��
585
SELECTMEN'S MEETING
February 19, 1970
A special meeting of the Board of Selectmen was held in the
Selectm n'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 CI rk, 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 Board.
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 andsaid 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
properly 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.
Tho' 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. Legro asked, you mean after Town Meeting? 1 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
.l
X86
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:
Executive Clerk, Selectmen
A regu
men's Room,
at 7:30 P.M
Bailey were
Assistant t
Superintend
Mrs. McCurd
SELECTMEN'S MEETING
February 23, 1970
lar meeting of the Board of Selectmen was held in the Select -
Town Office Building, on Monday evening, February 23, 1970
. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and
present. Mr. Legro, Town Counsel; Mr. O'Connell, Special
the Board, Mr. Gray, Executive Assistant; Mr. Burke,
nt of Public Works; Mr. McSweeney, Town Engineer, and
, Executive Clerk.
Hearing was declared open upon petition of the Boston Edison Com-
pany for permission to install two poles on North Street.
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 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 .
Engineer.
No one appeared in favor or in opposition and the Chairman de-
clared the fearing 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 Street, 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. This is a routine request as Coach Road has become an accepted
ttreet.
Upon motion duly made and seconded, it was voted to approve the
location of the following Boston Edison poles:
Coach Road, southerly from a point approximately 33 feet south
of Carriage Drive, - Seven (7) poles.
Mr. LeOro reported to the Board that arrangements have
for extensipns of options of land on Hayden Avenue. He has
the Crawford option as it calls for signatures of the Board
felt the Board should not be involved in an extension of an
He has been unable to contact the Crawford Attorney but wil
of the matter with him.
been made
amended
and he
option.
1 take care
58
Pole
Location
Hayden Ave.
Options
'588
Municipal
Collective
Bargaining
Cosgrove
Taking
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
representation was from various teacher groups. There was a rela-
tively limited number of speakers because some spoke for too long
a period. There were representativesand 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.
O'Connell has checked into the records and this is part of the work
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, 1968of the decision of no damages
and we can find no indicationof 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.
1
i 9k'
Mr. 0'C nnell 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. 0' onnell has asked Mr. Cronin of the Assessors' office to
check on whe her or not Mr. Przyjemski can meet the requirements for a
deferment and will report back to the Board after he has compiled the
necessary in ormation 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 Ber an, 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 woluld take care of this matter for the Board.
The Chairman said 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 collect r and assistants; also, that whoever collected any ac-
counts for t e 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
request of t
bills of 196
ion duly made and seconded, it was voted to grant the
e Tax Collector to abate the uncollectable ambulance
, in the amount of $189.00
Mr. Gray informed the Board that the Traffic Study Committee had
met with the Architects of the Jr. High School on February 4. The
Board receiv d a letter from Mr. Taylor on the access road and this
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
Access Rd
Jr. High
590
Air
Pollution
Committee
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
will be prohibited; this article, in effect, will be superceded by
State legislation.
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
591
a written permit; and if you so restrict burning, should you then con-
sider some Sort of pickup or do you want to go to the dump; if the
State approvles, there would be no leaf burning and there would be a
swelling demand for some sort of leaf pickup.
Mr. Gr.eley asked if the written permit means a written permit
for each an■ every fire?
Mr. Si•. replied, yes.
Mr. Gr=eley 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. Ke ney said that the intent is it would almost be as easy
to go to the dump.
Mr. Gr ley asked if they anticipate a lineup in trying to get a
permit to burn?
Mr. Si g replied that you could have the permits available for
them to pic up at any time. Tkiey envision long lines and didn't feel
that the nu ber of people involved would object if they want to burn.
Mr. Bailey said that this doesn't penalize the builder; if burn-
ing house d=bris, he can still get his permit.
Mr. Ke ney said that a citizen could pick up ten and fill them
out and the 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. Gr ley asked what criteria is there on whether they are
issued a pe mit for pollution or a fire hazard?
Mr. Sing said that there are two conditions if you want to con-
trol today 0 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 mor an anti -pollution than a fire hazard.
The Ch irman said, then allow no burning.
Mr. Si g said that in every town that has permitted no burning,
they have s en fit to. provide public works with equipment to pick up
leaves and e didn't want to get involved with thousands of dollars
for this.
Mr. Ke ney 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 Depar ment?
Mr. Ke ney replied that the State does.
Mr. Gr-eley asked what advantage is secured by a written permit?
Mr. Ke ney said that it makes it more difficult for them.
The Ch irman said that it is the Air Pollution Committee's recom-
mendation wsupport this in principle. We would have to get a ruling
from Town C. nsel and the Moderator. He asked that the Committee come
up with a m• ion 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.
Housing
Authority
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 $I.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 be?
Mr. Scanlon said that we have rezoning the same night; then we
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?
week.
Mr. Scanlon said that he will call them and get together this
The Chairman agreed that it should be this week.
t� Pl
Mr. 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
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
594
Substitute
Wiring
Inspector
Common
Victualler
Licenses
Minutes
L WV
I.D. Cards
Relocation of
Town Offices
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
that his wife is ill and if she is fully recovered,i,he:would re-
turn to work at an earlier date.
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-
mon Victualler Licenses for the following; both having been ap-
proved by the Board of Health:
Lexington Golf Club, Inc. 55 Hill Street
Bamboo Hut, Inc. 177 Mass. Avenue
Upon motion duly made and
the Minutes of the Selectmen's
seconded, it
Meeting held
was voted to approve
on February 9, 1970.
Upon motion duly made and seconded, it was voted to approve
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:
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
was that the most feasible way of doing this, considering the opera-
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.
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
draw the motions to that effect on Article 39 -addition to the Fire
Station, and Article 40 -addition to the existing building at Westview
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
the $5,000.
The Chairman said that we are just asking for the motion to read
$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.
Fire and
Cemetery
Articles
F l uor:i dd-
tionr
Article.
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
him to plot what the Planning Board wanted the study on. The plan
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.
Meagherville
Site
9
Executive
Session
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
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.ogt 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:
Executive Clerk,, Selectmen
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 qn March 2, 1970 and, according to the legisla-
tion, at least a majority of the Board must be present and the entire
Board is -here; the Town Clerk, Miss McDonough is also present to swear
in Mr. O'Connell.
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 v
the Cemetery Commission, the Board of Fire Comm
tion of the term of Mr. Yewell as Treasurer, he
of appreciation be written to them.
Upon motion duly made and seconded, it was
recommendation of Mr. O'Connell that letters of
to the Cemetery Commissions, Fire Commissioners
iew of the expiration of
issioners and the expira-
suggested that letters
voted to approve the
appreciation be written
and me. Yewel I.
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 11, 1970.
Upon motion duly made and seconded, it was voted to appoint Cap-
tain Paul E. Furdon as Acting Chief of Police during your vacation
period of March 5 through March 11, 1970.
Town
Manager
Police
Dept.
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 ratheroci}get into this; but
Dump
Permit
Cotton -
Ashley
Property
if, in the final analysis they could find
tion, we could consider`this; perhaps the
recommend areas for them to consider.
Mr. O'Connell is to talk with the We
back to the Board.
no other appropriate Ioca-
Building Committee could
(fare Department and come
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?
The Chairman didn't know how this would be written in the regu-
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 showeda map
of the area. He requested the Board to accept the concept that the
line dividing the Ashley property be such that it will leave a 100'
opening adjacent to what is proposed for the future Worthen Road;
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 lot. Mr. Carlson came to see me as he 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 1 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 school
or a road, I settled for $2500. 1 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, 1
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 Tots 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 Tots 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; 1 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?
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.
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:
this is tied into the
No. 3 priority:
of two acres.
Article 96, Heritage Hall on Bedford Street;
Same water shed area.
Article 94, $1,000 figure or outright purchase
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.
Drummer
Boy
Bond
Cert. of
incorp.
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
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
the character of Miriam Landau, 65 Turning Mill Road, who has
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.
1
The Chairman read a letter from the Board of Fire Commissioners
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.
The Board agreed to instruct the Town Manager to'meet with the
Recreation Committee and come back to the Board with a recommendation
to resolve this situation.
Skating at
Kineen's
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 frau 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 frorn the easterly boundary line of the pre-
mises now numbered 1620 Massachusetts Avenue to the westerly
ORT
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
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.
1
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
Ito
Forbes
Road
MDC
Release
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.
Mr. Legro said that on Forbes Road, it is a matter of laying
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 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
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
Executive Clerk, Selectmen
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.
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
Edward R. Ingham
Elinus B. Hadley
Rodney A. Brooks
Irwin L. Alberts
54 Cliffe Avenue
62 Fern Street
31 Robbins Road
62 Dexter Road
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.
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.
11`
Organization
Jurors
MDC
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.
12
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 1, 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 1, 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.
Old
"res"
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
the amount of capital expenditures. To make this a satisfactory
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 Tess 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 wi41
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.
are in and we have been 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
Engineering Department that a more satisfactory solution could be ob-
tained by initiating a major program of water course improvements to
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 Bans 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
for them before signing and then let the organization know the de-
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:
ACHESON, Eugene A.
ADAMS, Adam A.
ADAMS, Alan G.
ADAMS, BerI`rram: H. Jr .
ANDERSON, Carl
2634 Massachusetts Avenue
23 Charles Street
15 Somerset Road
127 Wyoming Avenue, Malden
41 Ledgelawn Avenue
Resident
Resident
Resident
M.I.T. Lincoln Lab
Civil Defense
1 3
Wetland
Conser-
vancy
Proclama-
tion
Special
Police
BAILEY, Fred C.
BAKER, Ramon C.
BALLOU, Sidney R.
BARNES, John E.
BARNES, Raymond B.
BARRETT, Elliott J.
BARRY, George C.
BARRY, John M.
BELCASTRO, Francis
BELCASTRO, Frank
BENTLEY, Thomas F.
BEVINGTON, Alfred
BLUTEAU, Joseph
BURKE, Joseph F.
BURRELL, Arthur E.
BUSSEY, Francis
BERNIER, Arthur T.
BROWN, Otis, Jr.
CASEY, William P.
CATALDO, James
CATALDO, Robert
COLE, Lincoln P. Jr.
DELFINO, Nicholas J.
DOHERTY, Stephen
DOOLEY, Henry W.
DOUGHTY, George Jr..
DRISCOLL, Robert V.
EMERY, Alan
ERNST, Karl
EWERS, Joseph E.
FINNEY, Cherie A.
FLAHERTY, 'John W.,, Jr.
FREEMAN, George
FULLERTON, Dennis
GALLAGHER, Edward T.
GARBER, Kenneth S.
GILMAN, Edward M.
G00DFELLOW, Arthur L.
GOULART, Edward G.
GREELEY, Roland B.
HADLEY, Herbert R.
HRUBY, Albert W.
HURD, Richard G.
48 Coolidge Avenue
14 Stratham Road
38 Highland Avenue
15 Eagle Dr. Salem, N.H.
59 Gleason Road
92 Middle Street
36 Forest Street
34 Forest Street
174 Wood Street
b74 Wood -Street
264 South Road, Bedford
130 Marrett Road
21A Flint St. Somerville
10 Totman Drive, Woburn
2 Thoreau Road
12 Bowker Street:
54 Baskin Road
3 Bond Road
1063 Massachusetts Avenue
43 Rindge Avenue
14 Aerial Street
16 Hill Street
1 Forest St., Stoneham
74 Adams Street
77 Baker Avenue
75 Paul Revere Road
30 No. Broadway, Haverhill
441 Lowell Street
37 Eldred Street
12 Old Coach Road, Weston
36 Albemarle Avenue
4 Spencer Street
13 Grant Street, Concord
2400 Massachusetts Avenue
8 Spring Lane, Maynard
6 Reed -Street
56 Bloomfield Street
12 Edge Street, Ipswich
6 Rindge Terr. Cambridge
1359 Massachusetts Avenue
6 Fern Street, Chelmsford
36 Williams Road
12 Loring Avenue, Maynard
Selectmen
Resident
Resident
M.I.`T.:Lincoln Lab.
Resident
Resident
Resident
Resident
Firefighter
Dog Officer
Custodian
Firefighter
School Department
Supt. Public Works
Civil Defense
Firefighter
Resident
Resident
School Department
Firefighter
Selectman
State Representative
School Department
Police Cadet
Resident
School Department
M.I.T. Lincoln Lab.
Firefighter
Resident
M.I.T. Lincoin Lab.
Resident
Firefighter
Police Employee
Firefighter
M.I.T. Lincoln Lab.
Police Photographer
Firefighter
M.I.T. Lincoln Lab.
M.I.T. Lincoln Lab.
Selectman
M.I.T. Lincoln Lab.
Resident
M.I.T. Lincoln Lab.
1
JACKSON, Lee B.
JEFFERSON, Charles E.
JONES, Cecil
KELLEY, Kenneth, Jr.
KENNEY, Allan F.
MARSHALL, Joseph
MABEE, Irving H.
MAC DONALD, Charles
MAC LEAN, RB1ph D.
MAZERALL, Paul
MC CARRON, Francis
MC DONNELL, Edward T.
MC SWEENEY, John
MERCER, Charles R.
MORAN, Thomas
MULLER, Eugene T.
MULLER, Leonard E.
NUTT, Alfred
O'CONNELL, Walter C.
ORMISTON, Wallace W.
PEKINS, George
PEZZULO, Michael
POTZKA, Joseph G.
PRESCOTT, Robert
REDMOND, James J.
ROONEY, Joseph 0.
RYAN, Thomas
RYDER, Howard D.
SAMUEL, Frank T., Jr.
SAUNDERS, Robert W.
SPELLMAN, Walter
SPIERS, William L., Jr.
STEVENS, Edward P.
STEVENS, Raymond
STUCKE,II Alden F.
SULLIVAN, Thomas
SWAN, Duncan F.
TOTMAN,
WALTON,
WENHAM,
WHITING
WILSON,
WRIGHT,
Frank H., Jr.
Robert E.
Thomas
, William
David L., Jr.
Glenn
62 Bow Street
8 Alcott Road
36 Woburn Street
54 Ward Street
10 Frost Road
110 Woburn Street
5 Tavern Lane
24 Bernard Street
9 Spring Street
20 Wilson Road
5 Hillside Terrace
62 Elm Street, Bedford
54 Emerald St., Quincy
6 Park Street
11 Valley Road
24 Ewell Avenue
19 Fairbanks Road
45A Ridge Road
Lowell Road, Groton
38 Charles Street
28 Chase Avenue
247 Marrett Road
14 Banks Avenue
2 Forest Street
9 Utica Street
222 Waltham Street
53 Vine Street
2 Wilson Road
8 Burnham Road
295 Marrett Road
267 Massachusetts Avenue
185 Lowell Street
4 Chandler Street, Salem
Treble Cove RSI. Billerica
31 Hancock Street
17 Curve Street
24 Bedford Street
46 Moreland Avenue
5 Spencer Street
I Francis Road
341 Lowell Street
1 Burnham Road
67 Simonds Road
e5
Police Dispatcher
Civil Defense
Civil Defense
Firefighter
Selectman
Firefighter
Selectman
Civil. Defense
Resident
Park Superintendent
Firefighter
Cary Library
Town Engineer
Resident
Police Cadet
Firefighter
Firefighter
School Department
Town Manager
School Department
Firefighter
School Department
School Department
Resident
Firefighter
Resident
School Department
M.I.T. Lincoln Lab.
Resident
Resident
Fire Chief
M.I.T. Lincoln Lab.
School Department
School Department
Resident
School Department
School Department
Resident
Firefighter
Asst. Supt. Public Works
Firefighter
Civil Defense
Resident
Bonds
Cert. of
Incorp.
Upon motion duly made and seconded, it was voted to approve the
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
Incorporation:
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.
Proclamation
Workable
Program
Upon motion duly made and seconded, it was voted to authorize
the Chairman io sign the amended Proclamation submitted by ORT, de-
claring March 18, 1970, to be ORT Day in Lexington.
Upon motion duly made and seconded, it was voted to sign the
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, frau 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
Tess, southwesterly to Vaille 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.
1
1
1
1
En'erson Road from near Diamond Road a distance of 1380 feet,
more or less, easterly.to a distance of 337 feet, more or Tess, 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 Tess, 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 lese, 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
of 1124 feet, more or less, westerly to end, as described
order presented to and signed at this meeting.
White Pine Lane from Mason Street a distance of 763
or less, southwesterly to end, as described in the order
to and signed at this meeting.
distance
in the
feet, more
presented
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.
Blbomf'ield Street from Highland Avenue a distance of 350 feet,
more or Tess, westerly to beyond Minola Road, as described in the
order presented to and signed at this meeting.
Ddwning Road from Marrett Road a distance of. 1050 feet, more or
less,orthwesterly to Outlook Drive, as described in the order pre-
sentedto 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.
Vine Brook
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 entirelength 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
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 1' is a topsoil con-
dition; the next strata from 1' 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 1 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.
Mrd. 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. 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?
Mrd. Scanlon said that we are to meet 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
determitne what they need.
The Chairman said that we don't want to restrict them to five
acres and convey that, and find it would be better operation with
seven acres. 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 Towr) Meeting to convey any or all would be acceptable to the State.
Mn. 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.
M. Mabee said that it sounds to him that you couldn't give the
land back because of the boundaries.
Mrt. McSweeney said that on most project sites the boundaries are
described and recorded.
Drrainage was discussed and Mr. Scanlon said that there is a con-
tour problem.
The Chairman said that if they are given
you car) work in there, but until you find out
we are lnot in a position to grant this to you
drawn.
Mr. Scanlon asked about rezoning?
The Chairman said that we can rezone the
later Town Meeting, take it out of that zone.
a drainage easement,
what acreage you need,
; get a master plan
whole parcel and at a
19v
20
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.
Executive
Session
Upon motion duly made and seconded, it was voted to go into
Executive Session for the;:puppose 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
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
9:02 P.M.
A true record, Attest:
Executive Clerk, Selectmen
SELECTMEN'S MEETING
March 16, 1970
A reguaar 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; Mrl. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk,
were also 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
the securlity?
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.
Upod motion duly made and seconded, it was voted to approve the
revised plan for the old "res" as submitted by the Town Engineer,
Depaetmerlt 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-
partment is allowed to do a:modest amount of fixing the kennels.
Mr. Woods 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
the use Of ten kennels.
Old "res"
Dog 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 autbocwty 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.
Permit
Upon motion duly made and seconded, it was voted to grant per-
mission to the Church of Our Redeemer for a rag and paper collection
on Sunday afternoon, April 12, 1970.
23 '
Upon motion duly made and seconded, it was voted to grant permis-
sion to 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
Fred C. Bailey as judge of floats in the parade on April 20, 1970.
Upoh motiion duly made and seconded, it was voted to appoint
Roland B. Greeley as representative of the Board of Selectmen on the
Board of Directors of the Visiting Nurse Association.
Parade
Judge
Visiting
Nurse Asso.
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
James E. Cosgrove
David C. Knodel
$165.20
73.85
3.00
Felix Pards
James B. Sullivan
..$21.70
16.76
Upon motion duly made and seconded, it was voted to certify the
character of Gerald S. Lesser, 12 Tower Road, who has applied for
Certificate of Incorporation. "Foundation for Research and Training
in Human Development, Inc."
Abatements
Cert. of
Incorp.
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
the types of poisons used. Mr. Gray has been requested to have a
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
Mosquito
Control
Rockville
Ave. Lot
lotis 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.
The Chairman said that we can put the condition on it as a
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.
Housing
Authority
Mr. Greeley reported to the Board that LCSR in addition to
Article, 82, training of minority groups, voted to support Article
45, construction of a new housing project by the Housing Authority;
Article 9J, 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?
1
1
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 $I.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
a By -Law, they would recommend indefinite postponement.
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.
Leaf
Burning
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
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 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:
fA_„, A66,..,(2(
Executive Clerk
Executive
Session
`-6
Jurors
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:
Ralph M. Lewis
Allan 1. Spear
Robert Drainoni
7 Manning Street
8 Millbrook Road
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 Toad, 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.
No one else had questions and the Chairman declared that part of
the hearing closed.
No one appearing in favor of the petition, the Chairman asked if
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
asked if the two double poles which were in front of their home
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.
27
Waltham St.
Conduit
28
Pole
Location
Vai l le
Avenue
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 Corn-
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 Chairman 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
existing poles to be removed).
Notices of the hearing were mailed to the petitioners and owners
of the property as listed on the petitioners' plan, and also filed
with the Town Engineer.
Mr. Dunn, representing the Telephone Company, 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)
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 from 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.
Upon motion duly made and seconded, it was voted to sign the
Auctioneer's license for Myron Graffam, Box 52, Lexington.
The Board agreed to discuss users' fees, as recommended by the
Recreation Committee, at a later date.
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's Meeting held on March 2, 1970.
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
business, in which package stores are prohibited. General Law -
Chapter 138, section 15A, does not require the local licensing au-
thority to hold a hearing on an application for such license. It is
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 Iicense'unti1 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.
29�
Bond
Auctioneer
Recreation
Minutes
Liquor
License
Cumberland
Farms
30
Curbing
Bid
Valley-
field
Realty
Trust
Mr. Burke informed the Board that bids have been opened for curb-
ing for the Lexington Center Beautification project. Two bids were
received: Barretto Granite Corporation of Milford, New Hampshire at
$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:
(1) We have evaluated alternative layouts and are recommending
this concept.
(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 1 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.
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
Chairman said that it would not be sold unless it is annexed to an-
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
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
program for that? In effect, we would have to put it in next year.
The Chairman agreed. He asked if the Board would consider say-
ing that we put this out to bid as an alternate with Five Fields?
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.
Rockville
Ave. Lot
Ni les
Realty
32
Town Office
Article 32
Executive
Session
Mr. Kenney informed the Board that the General Contractors' bids
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
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 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:
Executive Clerk, Selectmen
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
Lexington Ford
Lawless Motors
$11,931.38
13,663.32
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.
33
Police
Cruisers
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 I 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.
34
Bond
Permit
Auctioneers
Special
Police
Minutes
Upon motion duly made and seconded, it was voted to grant permis-
sion to Jean LaRiviere S 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 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
"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
Robert N. Cann
Ralph D. Cataldo
William A. Sennott
27 Outlook Drive
48 Hancock Street
157 East Street
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
Officers:
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 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.
Permit
Upon motion duly made and seconded, it was voted to grant permis-
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
Board of Appeals
Board of Appeals (Assn. Members)
Name
George C. Sheldon
Woodruff M. Brodhead
George W. Emery
Logan Clarke, Jr.
Mrs. George P. Morey
Expiration Date
3-31-75
3-31-71
3-31-71
3-31-71
3-31-71
Boards & Committees Name
Trustees of Public Trusts
Town Celebrations Commission
Fence Viewers
Registrars of Voters
Bridge Charitable Fund
Gemmell Legacy income Trustees
George P. Morey
James W. Broderick
Leo Gaughan
Marilyn L. Hall
Rev. Harold T. Handley
Louis A. Zehner
Timothy Sullivan
George P. Morey
James E. Collins
Expiration Date
3-31-76
4-30-73
4-30-73
4-30-73
3-31-71
3-31-71
3-31-73
3-31-76
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
to be considered.
Upon motion duly made and seconded, it was voted to re -submit the
petition to the State DPW on Kiln Brook.
35
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-
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
7:45 P.M.
A true record, Attest:
Executive Clerk, Selectmen
Execu+
-Five
Session
36
Equipment
Contracts
SELECTMEN'S MEETING
April 1, 1970
A special meeting of the Board of Selectmen was held in the Select-
men's Room, Town Office Building, on Wednesday evening, April 1, 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
recommendation of the Town Manager and to award the contract to the
following:
One 32,000 G.V.W. Dump Truck
Automotive Services Co., Inc., 22 Sunnyside Avenue, Arlington for
one 1970 G.M.C. truck model HM -7640A with a GarWood body and hoist,
fpr 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 -gang tractor mower
Sawtell Brothers Inc., 10 Liberty Street, Danvers, for one 1970
Jacobsen Worthington mower model F -I0, 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 sprayerrfor the net delivered
price, including trade-in of old unit, in the amount of $4,385.00.
1
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
7:52 P.M.
A true record, Attest:
Executive Clerk, Selectmen
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 conduit 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 $I 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
Mr. Zehner recommended that the bid be awarded to the New England
Merchants National Bank in the amount of $500,000; First National Bank
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 approoimately
$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 MerchantsNational 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
Tax Anti-
cipation
Borrowing
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.
4 t'
Underground
Conduit -
Wood Street
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 direct 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 wasdeclared 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.
Notices of the hearing were mailed to the petitioner, 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 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.
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 (1) 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 he
transferred to the new pole. The Board would like a date that the work
is to be done.
Mr. Pratt said that he had, today, submitted a letter to the Board
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 will 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
premises of the Club does not constitute a change in use whereby the
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
:Underground
Conduit
Waltham St.
Lexington
Golf Club
r42
.1mr otrs
Nawoichik
Dog
Hearing
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
fol lows:
Lowell S. Bensky
Leonard F. Milgate
Harold J. Koffman
Martin M. Friedman
10 Blake Road
60 School Street
35 Tyler Road
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
to the children and adults of this neighborhood. The mailman has
refused to deliver mail on Nichols Road when the dog is loose. The
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.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
& Mrs.
& Mrs.
& Mrs.
& Mrs.
& Mrs.
& Mrs.
& Mrs.
& Mrs.
Guy L. Eidson
Raymond S. Simpson
George Bennett
John Curtin
Charles L'Homme
George Pittman
William Phelan
Richard S. Wells
8 Nichols Road
7 Nichols Road
15 Nichols Road
6 Nichols Road
9 Nichols Road
11 Nichols Road
17 Nichols Road
20 Nichols Road
43
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. 1 find this dog vicious. 1 don't bear
any ill wilt but they should keep the dog tied up.
Attorney Tropeano said that you say another dog was involved; what
is the description?
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 1 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. 1 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, 11, 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 r.
never been in our area; that's all 1 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
stent 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. If you just want the dog to be
restrained under the leash law, you should have told us.
Mrs. Wells said that after the day the dog threatened Mr. Phelan, 1
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
6
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; 1
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, 1 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 l
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:
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: 1 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 1 left there, ap-
proaching the Rte. 128 bridge on Bedford Street, the dog jumped out of
the window and started running down Rte. 128. 1 proceeded to chase
him until 1 reached the Waltham line. 1 returned to Nichols Road and
warned the neighbors there what had happened and that if the dog re-
turned to let me know.
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 is quite 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 1 called Mr. Nawoichik.
In the final analysis, upon further investigation, 1 learned that the
1
mailman was also bitten and refused to deliver mail on this street. 1
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. 1 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 1 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 1 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 1 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
Mrs. Dewan asked, did the dog also go for your face?
Mr. Belcastro answered yes.
Mrs. Dewan said, May 1 ask that it be recorded.
The Chairman asked Mr. Belcastro if he had issued another .fmrmaL 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 to play, dogs come and 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 1, 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 1 had no fear. 1 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.
1 have never seen the Nawoichik dog loose and I live down the hill from
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.
1 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 broughtit 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. 1 have been in the house a number of times
and have patted the dog and it didn't bite me. When 1 go over to the
house, the dog is usually in the cellar and never bothered me.
<Beb°'Deahsaid 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 1 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.
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 only one 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; 1
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 1 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.
1
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, the financial interests of the Town or the reputation of a
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
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.
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'Connell 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,
Massachusetts, at $1.50 per basin.
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 1:00 A.M.
for cocktail receptions to be held on April 9, 10 and II, 1970 by the
Mass. Society of Radiologic Technicians.
Upon motion duly made and seconded, it was voted to grant permis-
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 1:00 A.M.; Arpil 11 until 1:00 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,.
subject to one of the conditions that Lincoln Laboratory be required
to execute an agreement with the Town and to provide under the terms
of such agreement the necessary insurance coverage for the Town. He
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?
1 v
Executive
Session
Bond
Abatement
Catch
Basins
Sheraton -
Lexington
Inn
Lincoln
Laboratory
Calibration
Mirror
Colonial
Builders
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
the limits of the public way.
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.
Upon motion duly made and seconded, it was voted to sign the water
abatement for Ernest Simpson, $26.25; duplicate bill had been sent.
f
The Chairman read a letter from Ronald and Judith Goldner, request-
ing the purchase of tax title lot #40 Rockville Avenue.
It was agreed to delay action until more information is obtained.
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
connected in series.
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-I0B 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 -I0 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:
Downing Road
Bloomfield Street
Minola Road
Upon motion duly made and seconded, it was voted to adjourn at
11:00 P.M.
A true record, Attest:
Executive Clerk, Selectmen
Abatement
Tax Title
40 Rock -
Ville Ave.
Itek Water
Bills
i
Betterment
Assessment
54
Ambulance
Bid
Referendum
Town
Offices
SELECTMEN'S MEETING
April 13, 1970
A regular meeting of the Board of Selectmen.,was held
men's Room, Town Office Building, on Monday evening, April
7:30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney and Bai
present. Mr. O'Connell, Town Manager; Mr. McSweeney, Town
Mrs. McCurdy, Executive Clerk, were also present.
in the Select -
13, 1970, at
ley were
Engineer; and
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-
ation shows that on an equalized equipment basis, the comparison would
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 Cmm-
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.
The Chairman informed the Board that a petition of referendum of
Article 32 of the Annual Town Meeting, the remodeling of and construc-
tion of additions to the Town Office Building and the Police Building,
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
rant for Monday, April 27,
Upon motion duly made
rant for the Referendum on
Upon motion duly made
for the polls at 7:00 A.M.
and seconded, it was voted to
1970.
and seconded, it was voted to
Article 32 of the 1970 Annual
and seconded, it was voted to
to 8:00 P.M. on Monday, April
close the War -
sign the War -
Town Meeting.
set the hours
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
last five years. They said they were a little late but asked if they
had the right to petition; they were informed they could petition.
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 iscscheduled 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,
1970 as USA Law Day and sign the proclamation.
Upon motion duly made and seconded, it was voted to notify the
Package Goods Stores to remain closed on Patriots' Day, April 20, 1970;
Motels and Clubs may serve alcoholic beverages during the usual hours.
Upon motion duly made and seconded, it was voted to authorize the
Chairman to sign the Liquor Identification Card for Shirley Morlan,
861 Massachusetts Avenue.
Upon motion duly made and seconded, it was voted to certify the
character of Alfred C.A. Daniels, 21 Marrett St,. who has applied for a
Certificate of Incorporation, "Black Pilot Training Foundation, Inc."
Sidewalks
Lexington
Center
Proclama-
tion
ABC
April 20
I .D. Card
Cert. of
Incorpora-
tion
J56
Request
April 20
Guide
Director
Guides
Re-appt.
Water
Abatement
Air
Pollution
Committee
Youth
Baseball
Parade
Moloy Dog
The Chairman read a letter from the Committee on Responsibility at
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
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.
Upon motion duly made and seconded, it was voted to accept,with
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
following as Guides of Lexington:
Marianne Harvell Peter Harvell
Scott Collard David Cantor
Upon motion duly made and seconded, it was voted to sign a water
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
Warrant to inform the members that the Committee will recommend that
open burning in the Town will be completely restricted, effective to-
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-
mission to the Youth Baseball Leagues to hold the annual parade on
Saturday, May 2, 1970, at 1:30 P.M.; Chief Corr and Chief Spellman
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
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
Mrs. Anthony Ferrari
Anthony Ferrari
Barbara Ferrari
240 Woburn Street
24 Leonard Street
24 Leonard Street
24 Leonard Street
Mrs. Edward Modoono
William White
Walter A. Coit
Mrs. Mary E. Farfaras
285 Woburn Street
289 Woburn Street
290 Woburn Street
14 Leonard Road
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 con -
mend when around my area. 1 have spoken to the Dog Officer; he has
been to my house about thirty times and 1 believe .f 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
himand they had to cauterize the leg at the hospital. The dog also
cones up the road and you can't get out of your car with thesnarling
and every time 1 go out 1 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 1 would walk down Woburn Street the only thing 1 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 the
would kick him away; his experience is you don't:get rid of a dog that
way.
58
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 1 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 Dog Officer but learned he was in
Arlington; on two or three occasions, the deg chased Henry, who is an
emotionally disturbed child and 1 would hate to have him bitten by
the deg 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 en the phone and whoever she spoke to said it was not 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 11 .
years old, in special class.i:n the Bowman School and I am concerned of
the possibility of the deg 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. Coit 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 1 empty
the garbage, he snaps and growls.
The Chairman asked if the deg 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 deg bit him and we did not know who owned the
dog. We have called the Deg 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 deg bite?
Mrs. Stoddard replied, no; if my deg bit their children, I would
pay.
The Chairman asked if the Moloy bey 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 step.
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. 1 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.
60
Lexington
Golf Club
Parking
Westview
Cemetery
Hayden Ave.
Conduit
1
Street
Procedures
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
thenorth side of Hill Street and a two -row parking area on the Club
land are generally acceptable to the Traffic Committee in the location
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
with Mr. Kling regarding a master plan of Westview Cemetery; it is
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.
The Chairmanasked where do we go from here?
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
them quickly.
The Chairman said that he will
Mr. McSweeney said that he was
we don't have anything new.
The Chairman said that we will re-petition•it.
is necessary that we do get back to
call the Commissioner tomorrow.
reluctant to re -petition, because
Mr. Kenney said that as a carryover from Town Meeting on street re-
quests, it is encumbent upon us to review how we go about this procedure,
so that next year we can give them a concise answer; we should be able
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 pjan; 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 telt 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.probiem 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;
Executive Clerk, Selectmen
-62
SELECTMEN'S MEETING
April 21, 1970
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.
The Chairman asked if all of the mechanics had been worked out?
Mr. O'Connell replied:that 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:
1. 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
11:00 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
flying be given to them to be included in the Marine Corps Hall of
Flags in Quantico.
It was agreed thbt 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
petition, dated January 26, 1968, for six poles on Bedford Street, as
shown on Plan 43 -AP dated December 21, 1967.
e3
Marines
Ceremony
Bedford St.
Poles
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 1 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
1 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 faction.of 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. 1 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
interests of the Town by accepting rumors as the truth and not finding
out if it actually is. I pm 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 1 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 for: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
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. Busa 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.
I stoongly 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 objec
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. 1 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 donvince 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?
Air
Pollution
Committee
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 excep-
tion widi 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.
The Chairman asked if he was asking for a vote of the Board to
only issue permits under these conditions?
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
fish a policy until the State comes out with the regulation around
July 1; the period between now and July 1 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 publics
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.
1
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 Minuteeman 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 1. 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 1 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.
d o
Executive
Session
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-
cutive Session for the purpose of discussing, deliberating or voting
on matters which, if made public, might adversely, affect thepublic
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:
Executive Clerk, Selectmen
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, Massachu,setts,
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 d.og 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 ki11.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 of the dog is liable by statute.
Mr. Legro said that he would prepare the order on the Moloy 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.
72
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. Begelman, 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. Begel-
man and go over the whole issue with her.
73
The Chairman said that a letterwas 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
served by a 6 -cab stand in Depot Square; also, recommends the dis-
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;
1. 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 the Town aiffices' parking lot to near the exit from the horseshoe
drive in front of the Town Offices.
Lexington
Cab Co.
Lexington
Center
r4
Edison
Way
Bus Stop
Move -
Clarke St.
Mail
Boxes'
Orders of
Street
Takings
The Board agreed that the Traffic Committee look into the propo-
sal for Edison Way in depth.
The Board agreed that the Traffic Committee study the proposal
to move the bus stop to the Clarke Street junction and to study all
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
the front of the Town Offices be held and done in conjunction with
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 pat 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
bid again.
Mr. O'Connell agreed.
Upon motion duly made and seconded, it was voted to rescind the
vote of July 29, 1968 to sell Tax Title lot 42 Valleyfield-Farmhuust
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
Augustus Road
Blinn Road
Bloomfield Street
Carol Lane
Diamond Road
Emerson Road
Hickory Street
Mason Street
Oak Park Circle
Paddock Lane
Saddle Club Road
Shaw Place
Vaille Avenue
White Pine Lane
White Terrace
No damages
11 "
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.
Elia 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. A 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. 1 150.00
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 #racus at Harvard Square.
The Chairman read a letter from the Board of Assessors setting the
1970 tax rate at $65.00.
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
this time because of the study being conducted of the possibility of
using fax title lots as sites for scattered subsidized housing and,
also, lot #40 is Targe 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
April 23, 1970, from Mr. Fish of Bolt Beranek and Newman saying he had
contacted their counsel, Roger Evans, and assured me that we should re-
ceive the option by the end of the week.
Mr. Kenney said that the Board should schedule a meeting to award
the contract for the Town Office Building.
The Board agreed to meet on Friday morning, 'May 1, 1970, at
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
matters which, if made public, might adversely affect the public secur-
ity, the financial interests of the Town or the reputation of a person.
After discussion of matters of financial 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.j
A true record, Attest:
� ""
Executive Clerk, Selectmen
Tax Rate
1970
Tax Title
Lot #40
Rockville
BB& N
Hayden
Avenue
Special
Meeting
Executive
Session
76
Award
Contract
Town Office
Building
Memorial
Service
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 1, 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
the amount of $868,032.00, for the remodeling of, and construction of
additions to the Town Office Building and the Police Building. We
will meet with Mr. Bonfatti and go over with him the proper prepara-
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
for a memorial service to be held. on Saturday, May 2, 1970, at 8:00
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 motionduly made and seconded, it was voted to adjourn at
8:35 A.M.
A true record, Attest:
,)Afr
Executive Clerk, Selectmen
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
Ronald M. Feinberg
Norman R. Maclnnes
8 Thoreau Road
7 Hathaway Road
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, 54/119A, to be built over existing conduit.
From new manhole 54/119A, 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
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 $600 to pay for needy children at
summer camp; Mr. Collins will be requested to supply the names of
the children to the Trustees of Public Trusts.
Permit
Permit
Upon motion duly made and seconded, it was voted to grant per-
mission for a procession from the Masonic Temple, Bedford Street
side, to the Church of Our Redeemer on June 7, 1970 at 10:45 A.M.
Upon motion duly made and seconded,. it was voted to grant per-
mission to the Lexington Field and Garden Club to hold the annual
plant sate on Thursday, May 21, 1970, at 10:00 A.M. to 12 N. on
the Buckman Tavern grounds, subject to the usual restrictions of
the Superintendent of Public Works.
Mr. Greeley asked how many times the Buckman Tavern grounds
could be used without hurting the• lawn?
Buckman The Chairman said that to the extent it is being used now,
Tavern there is not that much damage, but if we receive many more requests,
Grounds there might be considerable damage to the grass as it has recently
been re -seeded.
Mr. O'Connell is to check with Public Works and set up rules
and regulations on the use of Buckman Tavern grounds.
Minutes
Colonial
Builders
Upon motion duly made and seconded, it was voted to approve
the Minutes of the Selectmen's Meeting held on April 21, 1970.
The Chairman read a letter from Colonial Builders, Inc. re-
questing the approval of a sewer profile plan for Garfield Street
at the intersection of Hickory Street; and to grant permission to
connect to the Lexington sewer system, in accordance with an at-
tached plan and by licensed drain layers.
7$
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.
80
Mr. McSweeney said that these areas are being surrounded by
development of homes and the water is being trapped and there i.s
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 sureto 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 iegringr 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
properlyraised 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.
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
Campbell, 8 Grandview Avenue.
Upon motion duly made and seconded, it was voted to sign:the
Auctioneer's license for John Brucchi, 63 Paul Revere Road.
The Chairman read a letter from the Town Manager recommending
the approval of the Board of Selectmen of the appointments to the
Board of Health and Conservation Commission.
Upon motion duly made and seconded, it was voted to approve,
under Chapter 753 -Town Manager Act, the appointment of Dr. Charles E.
Ellicott as a member of the Board of Health for a term expiring on
April 30, ,1973 to replace Dr. Charles Colburn.
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-
piri'ing April 30, 1973, to replace Frank H. Totman; also Francis W.K.
Smith as a member of the Conservation Commission for a term expiring
April 30, 1973.
The Chairman said that we havean 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
acres. We are $1,000 short to consummate the acquisition and have
to request a transfer of $1,000.
'Mr. Kenney asked if that would be enough for legal fees?
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
to set up a meeting with LCSR, Mr. Michelman and me to discuss a pro-
posal. If this proposal took a little money, would we consider going
back to Town Meeting? We didn't know what we were going to ask, but
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.
81
I.D. Card
Auctioneer
License
Board of
Hea Ith
Appt.
Board of
Hea Ith
Conservation
Commission
Transfer-
Steeves'
Land
Utica St.
Minority
Group
Town Office
Building
82
LCSR
Executive
Session
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. Greeley and Mr. Michelman to discuss the proposal,
and meet with. the contractor after the contract was signed.
Mr. Greeley asked if anything had been done about the appoint-
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 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
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:
it. z,
Executive Clerk, Selectmen
[h C�
ld@�
SELECTMEN'S MEETING
May 11, 1970
A regular meeting of the Board of Selectmen was held in the Select-
mens's Room, Town Office Building, on Monday evening, May 11, 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,
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.
Permit
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, 1O:30A`M-5:30P,M; ei.nArta, may
24, 1970, subject to the conditions of the Superintendent of Public
Works; also, subject to the restrictions that no signs be posted.
84
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 Minutermaffuet with
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. 01Connell said he had no knowledge before thisforuse 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
86
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 irnmed
lately 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. 1 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,t:he 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 53,000; 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 Arlipgton.
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'Connellshould draft a letter.
The Chairman read a letter frau 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
the Minutes of the Selectmen's Meeting of May 1, 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
way to do the work. We could delay it 10 to 12 weeks by moving out
the'Police Station last but it is not the best way.
Mr. O'Connell read the recommended office relocation pian 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.
Minutes
Town
Office
Building
88
Klebanoff
Petition
Flags
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, won -!t 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
but rather a concern for the situation in this country. We would
like to further suggest that this coming Memorial Day be enlarged to
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 11, 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 seeethat
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.
Mrs. Kdebanoff said that actually the petition had lest 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 tolower 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 inssome 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:
1
Acting Clerk, Selectmen
89
90
Gasoline
Hearing
SELECTMEN'S MEETING
May 18, 1970
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
to try to clear up the atmosphere by coming out with unleaded gaso-
line which they could start selling by September I, if given the
word. We have been one of the first major oil companies to came
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.
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?
Mr. McSweeney replied that the drains in subdivisions could
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 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 this plan should be shown to Honeywell and
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 theiBoard 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; they:€ngineer's
estimate was $178,000. These bids will be reviewed.
91
Lichtenstein
Drain
Route 2A
92
Permit
Old
"Res"
Request to
Lower Flags
Mr. O'Connell informed the Board that permission had been granted
to the United Synagogue Youth to conduct a Walk-a-Thon along a speci-
fied route in Lexington on Sunday, May 17; this was cancelled due to
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.'
Stolz of Brewer and Lord regarding liability atthe old "res". Under
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.'dayboald 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
them stating, in general, that the purpose of Memorial Day includes
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 cower
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
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
deep regret, the resignation of Rev. Richard W. Lund from the Drug
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.
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
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
Metropolitan Area Planning Council.
Resigna-
tion
ABC
Sidewalks
MACP
94
Police and
Fire Chief°:s
Bi l l
The Board agreed to accept Mr. Kenney's recommendation to send a
telegram to Senator Ronald MacKenzie expressing our concern that the
Governor's veto of Bill S-1282 be upheld, as the establishment by the
Legislature of arbitrary rates of compensation for Police and Fire
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
8:45 P.M.
A true record, Attest:
Executive Clerk, Selectmen
95
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
strutted; 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?
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:
Guides
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 Hansan, 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
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
John Hansen
David A. Lavender, Jr.
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
Lexipgton 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.
Disaster
Planning
Committee
Mr. O'Connell informed the Board that he had received a letter
from Mr. Burrell, Director of Defense, regarding the Lexington Dis-
aster Control Plan. The Board of Selectmen had adopted the plan on
September 8, 1969 but the committee was never constituted. He re-
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:
Arthur E. Burrell, Chairman
Donald K. Irwin
Robert C. Heustis
Thomas Wenham
Lt. James J. Lima, Jr..
Deputy Chief Roy E. Cook
William P. Fitzgerald
Civil Defense Department
Building Inspector
Executive Health Director
Assistant Superintendent of
Public Works
Lexington Police Department
Lexington Fire Department
Fire Warden
Mr. O'Connell informed the Board that he had accepted the
resignation of Patrolman James Ahern, effective May 29, 1970.
Authorization has been received from Civil Service to fill a va-
cancy that has existed: Robert F. Repose, 87 Laconia Street, has
accepted the appointment as Patrolman, effective June 15, 1970; he
was the highest on the State Civil Service qualification list.
97
Police
Appoint-
ment
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 bilis. 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
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?
Mr. Burke replied in the affirmative.
Old "Res"
98
Parking at
"res"
Sewer
Award
DPW
Union
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 lifegyards have left.
.Mr. Gallagher agreed and said that when Mr. Cortell has them
in the proper location, he feels,perhaps, we can figure out same
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 i-rthey 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
both sides. of Marrett Road and at the driveway to the "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
awarded to the lowest bidder, McNeice Corp., 8 Fencourt Road, Can-
ton, in the amount of 5132,500.
Upon motion duly made and seconded, it was voted to award the
contract for sanitary sewers to McNelce Corp., 8 Fencourt Road,
Canton, in the amount of $132,500.
Mr. O'Connell said that he
sentatives of the Department of
had beeh reached by the parties
representative drew them up but
able to Town Counsel.
and the Chairman had met with repre-
Public Works' Union and an agreement
on two language changes; the Union
the language was not quite accept-.
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
July 3, 1970 from 7:00 P.M. to 11:00 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
party on Sunday, June 21, 1970, from 5:00 P.M. to 11:00 P.M.
99
Permit
Permit
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 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:
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-
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:
Robert A. Norcross 50 Forest Street
Dale C. Kilkenny 75 BertweIl Road
Minutes
Cert. of
Incorp.
Ambulance
Liquor
I .D.
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.
00
'I'Com. Vict.
License
LCSR
Selectmen's
Sidewalk
Policy
Upon motion duly made and seconded, it was voted to sign the
Common Victualler's license for Minute Man Buffeteria, 316 Marrett
Road.
The Board agreed to holdover the letter from the president of
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.
Mr. Bailey said that he would like an opinion from Town Coun-
sal.
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 TownEngineer 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 probriem
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 feeling on granting him a sewer tonight?
1
Mr. Bailey said, absolutely not.
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
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 hav&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 Carrolis 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.
1.0
Dr. Singer
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.
10
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."
Permit
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
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
103
asphalt
03
asphalt curbing has been installed; the area to be Ioamed 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 custghary 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 beingconducted 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, anil,tha hers of eration..
The Chairman recogni'd*Dr. Charette, spokesman, for the peti-
tioners,. who said that they wouldlike the Board to help them insure
that the residential character of theneighborhood be maintained.
4
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.
Douglass
Parking
Lot
The Chairman read a memo from Mr. Zaleski regarding the Doug-
lass parking lot which enclosed a plan for marking parking stalls
in the rear of 1842 Massachusetts Avenue, which was prepared by
the Town Engineer. The Traffic Committee intends to discuss the
desirability of installing parking meters in this area with the
Chamber of Commerce and the Library prior." tosibmittingany
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.
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.
Zaleski was unable to arrange a meeting with Mr. and Mrs. Bagelman
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.
Upon motion duly made and seconded, it was voted to appoint
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 wi11 be prepared.
Mr. Mabee asked if this committee would make recommendations to
the Board?
The Chairman replied in the affirmative.
Mr. Kenney was agreeable to the idea but suggested the Board not
call it a design advisory committee but an advisory committee.
Mr. O'Connell suggested street modernization commilttee.
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:
v
Executive Clerk, Selectmen
105
Hibbert
Street
Appoint-
ments
Under-
ground
Wire
Committee
1'06
Town
Treasurer
Permit
Perry
Dean &
Smith
SPECIAL
SELECTMEN'S MEETING
June 9, 1970
A specialmeeting 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
Newto644altham;Bank,and Trust Company on $250,000 5.03 discounted
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 11, 1970. We have been requested to change the date and
grant permission for October 4, 1970, with rain date of October ll,
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 11, 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
the construction of the Town Office Buildings.
Upon motion duly made and seconded, it was voted to authorize
the architectural firm of Perry, Dean and Stewart'to supervise the
construction of the Town Office Building; such services being enu-
merated in Article 1, 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:
2... 2)/,��
Executive Clerk, Selectmen
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
107
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 14:cense 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 Assessor's..
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, allin
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 pb the Shell Oil Com-
pany for a license for below ground and above ground storage at the
premises located at 1095 Massachusetts Avenue.
1:o
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 011 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 aboveground. 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, if 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.
Guide
Mr. Leon Burke, Director of Guides, met with the Board. He in-
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
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. Thatsituation 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
requestipg 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.
"Old Res"
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
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
oostly.
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.
112
Mass. Ave.
Conduit
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. Dopings 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 peel-
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
Mr. & Mrs. Edward Domings
Mr. Tony Gelzinis
Mr. Clarence Smith
50 Valleyfield Street
37 Valleyfield Street
73 Valleyfield Street
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.
Notices of the hearing were hand delivered to the abutters by
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?
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 s i dews ik2
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: From 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 Arimont bus to pick up and discharge
passengers on or near Pleasant Street.
Mr. Legro said that the Board of Selectmen establish the bus
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 from 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
school bus contract..now.
Mr. Kenney was concerned about the details.
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.
113
Bus Stop
C&W:Trans-
portation
Permit
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.
Minutes
Claim
Worthen Rd.
East St.
Chapter 90
Maintenance
License
I.D. Card
Vocational
Regional
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 pians 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 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
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
of the assignment of $29,700 for the improvement of Worthen Road -
East Street on condition that at least $14,850 be contributed by the
Town and $14,850 by the County.
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 dulymade and seconded, it was voted to authorize
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
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,
from Vernon Page a copy of the agreement on the Technical and Voca-
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.
1.1_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 that Mr. Legro is to draft a letter on this. Builders
Mr. Legro said that the Tetter has not been drafted; you people
should show to the Town all the necessary rights for us to grant
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:
Executive Clerk, Selectmen
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 8.130
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
State Street Bank & Trust Co.
Harvard Trust Company
$350,000 5.81 discounted
200,000 5.85 discounted
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.
Sidewalk
Petitions
The Board discussed Mr. Frank Michelman's letter of June II,
regarding the policy of the Board on petitions and leaflets on
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. cl
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.
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-
vent accumulation of debris. If these engineering problems will not
reeult 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 will 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 withithem.
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; tf 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.
117
Stratvern
Realty
"Old Res"
1.18
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
1
1
119
SELECTMEN'S MEETING
June 29, 1970
Arregular 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.
120
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; 1 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 Ibelieve 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 fo I lows:
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
granting of the permit for the reasons outlined..
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 saidcthat 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.
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:
1. In the opinion of the Planning Board, the recent expan-
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; 1 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 1 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. 1 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, 1 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.
124
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 12 -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 ifstructed 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.
Upon motion du
sion to the Telepho
Adams Street:
North Street:
Meriam Street:
Coolidge Ave.:
Woodland Rd.:
Hathaway,Rd.:
East Street:
Emerson Rd.:
Millbrook Rd.:
ly made and seconded, it was voted to grant permis-
ne Company for the following location:
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.
From Adams Street, westerly, approximately
155' feet of underground conduit.
From Adams Street, westerly, approximately
60' feet of underground conduit.
Easterly, from Adams Street,
of underground conduit.
Westerly, from Adams Street,
feet of underground conduit.
Easterly, from Adams Street,
feet of underground conduit.
Westerly, from Adams Street,
feet of underground conduit.
Westerly, from Adams Street,
feet of underground conduit.
Easterly, from Adams Street,
feet of underground conduit.
Westerly, from Adams Street,
feet of underground conduit.
approximately
approximately
approximately
approximately
approximately
approximately
approximately
100'
30'
108'
47'
168'
102'
190'
2i
12U
META
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
Station Modernization
Bus Garages
Power Improvements
Improvements in Engineering -Charlestown
and Everett
Bus Purchase - 100 new buses each year
for six years
32 Cars for East Boston Line
South Shore Extension
Southwest Corridor to Route 128 or the
Harvard -Alewife Subway
$ 44.4M
7.3M
I5.6M
7.6M
5.6M
22.2M
6.3M
39 M
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
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?
2(.
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 2x: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 Tots 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 playgeound 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
and how to operate with maximum safety have been completed. The
"Old Res"
128
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 operr on July 1, 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'Connel.l 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 recommending the 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 fu l l 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:
1. The "Old Res" would open on July 1, 1970, based on -the
operating plan and safety standards submitted by the
Town Manager.
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. Greeiey 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 OOId 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.
129
130
Leaf
Pickup
Hanscom
Field
Thunder-
birds
Mayors
Meeting
GCA
Lexington
Center
Sidewalks
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 &n July, 1970, this will not apply to
Lexington at this time since it does not have municipal refuse
collection. He recommended that we proceed with steps to elimin-
ate leaf burning as a major step toward the complete open burning
ban by July 1, 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
stated that the Electronic Systems Division will conduct an open
house and air show at Hanscom Field on Thursday, August 6, 1970
and will feature a performance by the Air Force Thunderbirds, a
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
forming us that a meeting of all
on July 2, 1970 at 1:30 p.m. and
of Lexington.
The Board agreed that Mr. 0'
sent the Town.
from tine Mayor of Brockton In -
mayors will be held in Waltham
he is requesting representation
Connell would attend to repre-
Mr. O'Connell reported that the petition of Bedford peti-
dents, sent tows 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.
Miss Agnes Bongiorno of Craft Cleaners and Mrs. Doodlesack of
Reed's Drug Store were present.
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
1
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 should.
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.
131:
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 1:00 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.
Mr. Mabee was voted Acting Chairman and conducted the meeting
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 rer-
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
Gold Star
Nursery
133
beingconducted 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 duly made and seconded, the Board voted to amend the
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. Cataido 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 Geklis
hearing held by that Board on June 30, 1970.
Upon motion duly made and seconded, it was--troted 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 legalizingcurrent 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 11
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
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.
Request
Request
34
Bond
Cert. of
Incorp.
Special
Police
Minutes
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 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:
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
following as Special Police Officers for a term expiring March 31,
1971:
Paul G. Yewell
Alfred S. Busa Dominic Deflice
Upon motion duly made and seconded, it was
minutes of the Selectmen's Meetings held on May 4; June 3, as
amended; June 15; June 23, 1970 as amended.
voted to approve the
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
Dog
Mr. O'Connell reported to the Board that Mr. Hanson's letter
of complaint against the McGonigle dog had arrived today.
The Chairman reada 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.
Waltham St.
Parking Lot
The Chairman read a letter from Edward D. Duncan, President
of the Lexington Savings Bank, stating his concern about delivery
trucks in the public parking lot on Waltham Street.
Upon motion duly made and seconded, it was voted to refer Mr.
Duncan's letter to Chief Corr for his investigation and recommend-
ations.
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 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.
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 Worsen 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
of TMMA, as a member of the LCSR.
LCSR
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. recommendsthat 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 tolocate 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, comp:4aining 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 junction. 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-
Michetman 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 .:continue
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
Conference on Children which has been called by President Nixon for
December 13 - 18, 1970. The Governor requests us to forward infor-
reetien.-,to the Massachusetts Committee on Children and Youth.
The Board agreed to refer the Governor's request to the Town
Manager, who will contact the Recreation Committee and the School
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.
Avenue, from 8:00 p.m. to 11:00 p.m., not until 12M. as requested.
The Board agreed to appoint the Committee on Street Proce-
dures and Underground Wiring at the next Meeting on July 13.
Upon motion duly made and seconded, It was voted to approve
the Jury list for 1970-1971.
Upon motion duly made and seconded, it was voted to sign the
water abatements for the following:
Name
Edward D'Entremont
Leonard Levy
M.I.T. Lincoln Lab.
Mr. Webber
Salvatore Capotosto
Robert H. Calbourne
Donald MacLeod
Robert 0. Tillinghast
Michael Pagginis
Thomas MacBeth
Carl Beggs (Coin Laundries)
Albert MacGregor
Stanley Oley
Anneliese M. Suderow
Vincent Bucca
E.G. Carlson
William Broder
Joseph Bertolomi
William Treiber
Felix Pardo
Amount Reason
$ 3.42
38.40
2,300.00
29.75
8.75
11.55
22.03
60.54
17.55
101.17
8.75
15.75
13.68
16.80
122.50
7.35
32.60
40.60
18.29
12.60
Wrong billing
Owner sent wrong reading
Meter read wrong
Meter read wrong
Meter out
No blue slip turned in
Wrong billing
Wrong reading by meter man
Wrong billing
Wrong reading by owner
Wrong billing
Wrong billing
Wrong billing
Owner sent wrong reading
Wrong reading
Owner sent in wrong reading
Wrong reading by meter man
Wrong reading by meter man
Wrong billing
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-
rial Hall every Tuesday evening. Mrs. Brown explained that their
funds are limited and asked if it would be possible to have a
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.
137
Mass.
Children &
Youth
Committee
Permit
Street
Caren i ttee
1970-1971
Jury List
Water
Abatements
Master-
works
Chorale
138
Town Office
Signs
The Chairman informed the Board that Mr. Nickerson, Chairman
of the Board of Appeals, had talked with him about the illegal
signs at the Town Office Building; the By -Law says there are`"'fo-t#'
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 & mitted 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.' met with Mr.
White and Mr. Green today and told them we :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; wewould 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-
ley Land
The Board instructed Mr. Legro to draw the necessary papers
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.
Clematis
Brook
The Chairman read a letter from Thomas Taylor regarding the
possibility of a separate access on Waltham Street to the pro-
posed Junior High School and, also, the possibility of using Town
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.
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:Iines on 1628-32 Massachusetts Avenue and Wallis Court,.
and requesting a meeting withtheBoard to discuss this.
The Board agreed that Mr. O'Connell is to talk with Mr.
Comeau of the Associated Estates. A copy of the letter is also
to be sent to Mr. legro.
.The Chairman read a letter frau the
TOPICS agreement, forwarded to the Town,
the State DPW.
The Board agreed that Mr. O'Connell
matter.
State DPW, stating that a
has not been returned to
is to take care of the
Mr. Kenney informed the Board that he had written a fetter 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 from citizens who have used
the hall in previous years; when requests are received, arrange-
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
the Town Manager to spend up to $5,000, specifically for providing
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
July 26, 1970 from 1:00 p.m to 7:00 p.m. The benefit would be set
up in the style of a concert with numerous groups playing, covering
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 11:38 p.m.
A true record, Attest:
Executive Clerk, Selectme
439
Mass. Ave
Wallis Ct.
TOPICS
Estabrook
Hall
Police
Building
Re -Place
Benefit
Request
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.
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 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 pefi-
tlon as on Blossomcrest Road.
'Mr. McSweeney asked if they could give us some information
as to why they want to go into the new pavement.
' 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
of Edward J. & Margaret Stande, 62 Middle Street and Kathleen M.
& Patrick H. Arter, 64 Middle Street. Both parties agreed to this
so no damages are to be awarded. He requested the Board to sign
the Order of Taking.
141
Underground
Conduit
Waltham St.
Concord Ave. -
Order of
Taking
Drain
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.
Voting
Machines
Lecoures Land
Reed Street
Mr. Legro informed the Board that the Town Clerk has sent
him a revised contract, for the purchase of seven voting machines.
There are to be two changes made and a representative of the
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 1, 1962
were handled by Mr. Stevens, and I completed them. There is nothing
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 btm that amount was $215. This was done
in the days when it was customary to award damages of $I. 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.
1
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
Town Counsel to re -affirm the Town's offer of $215 to
tine Lecoures as a result of a taking in 1962 of lots
Block 46 Reed Street; subject to investigation by the
that previous payment was not made to Mr. Lecoures.
to authorize
Mr. Constan-
5, 6 and 7
Town Manager
143
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. Mabee 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 itwas 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-
-once 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 Tater 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. 1, myself, can't see going to the Appropriation
Committee for this kind of money. If Town Meeting win1-s.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.
Mr. Kenney said that you are getting into technical
incinerators; this would be relatively simple to enforce
pickup.
Mr. Bailey said that we are directing ourselves to
The Chairman didn't think that leaf burning is that
compared to the rest of it.
Mr. Bailey did think so.
Mr. Kenney said that it is the most obvious if we a
burning in the fall; people will say, how come? 1 agree
stuff like
with leaf
leaf burning.
serious as
How leaf
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 d� 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
take 15 weeks therefore, we have been investigating the alternate
use of wood poles at $5900. My recommendation would be to award
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 jobto 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.
145
Tennis
Courts
Lighting
146
Tennis Court
Construction
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
alt 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. 1 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.
Mr. McSweeney said that we met with the people who bid $18,800
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 woe
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
57500 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
12
147
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 to 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; 1 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
prerogat
Mr.
Mr.
Mr.
Mr.
Mr.
him out?
Mr.
Mr.
we wou I d
ive.
Kenney asked
O'Connell sai
Kenney asked
O'Connell sai
Kenney asked
Greeley repli
Kenney said i
have trouble.
if the "out building" was still there?
d that it had been removed.
if the neighbors objected to it.
d they objected to more than tfiet,
if it were encumbent upon the Board to bai
ed, if they don't collect 5O at the gate.
f they do it two or three nights a week,
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'Connei.l 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. Gree l ey 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
benan 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
TOPICS
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 ido 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 thecontract as it is being
used elsewhere or do the potential risks exceed the benefits? l
feel it is worthwhile.
The Chairman understood that we could not make any altera-
tions in the traffic system. Itdoesn't control Waltham Street;
if we sign now, what doesit commit us. to?
Mr. McSweeney said that it commits us to the first stage:'of.
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 project2
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 thetotal 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.
Mr. O'Conne
Luongo's request
objection to the
joined. This is
Upon motion
for bids on tax
II read a report from the Planning Board on Mr.
to buy the lot on Valleyfield Street. They have no
abutting owner buying it, provided the two Tots are
the same position the Planning Board took last year.
duly made and seconded, it was voted to advertise
.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 wi11 have to add water with
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 Toss is 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.
1.51
Luongo
Tax Title
Lot
0 I d "Res"
The Chairman read a letter from Mrs. Bonasera, Town Meeting
Member of Precinct 1, 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 Mi11 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.
Drain
Connection
Chapter 90
Permit
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.
The Chairman asked Mr. McSweeney if there were any plans for
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 theLTown 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
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
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 1, 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.
The Chairman read a letter from Mr. Lund, Chairman of the Plan-
ning Board, outlining policy guidelines on sidewalks.
The Chairman said that the committee on street procedures and
underground wiring will be appointed and we will take these guide-
lines under consideration when the committee is appointed and we
discuss streets.
153
Sidewalk
Policy
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.
After 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.
SILC
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 lo- 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
Minutes
Labor Day
Carnival
Macaulay
Land
Fund Drive
LCSR
Upon motion duly made and seconded, it was voted to approve the
Minutes of the Selectmen's meetings held on April 27, May 11 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.
Mr. O'Connell said that Mr. Miller had come in to see him and
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;Ietter 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
and he should be able to buy the land back at the original price of
$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
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:
Mrs. Sanborn C. Brown (Lois)
Mrs. Frank H. Totman (Judy)
Mr. H. Seymour Kassman
The following members were
June 30, 1971:
Mr. Frank Armstrong
Mrs. Eric T. Clarke
Mr. Charles H. Cole
Mr. Frederick J. Conroy
37 Maple Street
46 Moreland Avenue
5 Stonewall Road
reappointed for
MAPC
TMMA
128 Industry-Sec'y.
Poloroid Corp.
a term expiring
3A Wm. Roger Greeley
Village
29 Moon Hill Road
4 Franklin Road
5 John Poulter Foad
Senior Citizens
School Committee
TMMA
Chamber of Com.
155
Mr. Robert Earsy
Mr. Donald M. Graham
Mr. Roland B. Greeley
Mr. Frank Michelman
Mr. Joseph 0. Rooney
Ms. Camille Skov
Rev. John M. Wells
67-vianding. Road
4 Millbrook Road
1359 Mass,. Ave.i
43 Buckman .Drive
222 Waltham Street
8 Hawthorne Road
7 Harrington Road
,.LAMCH
Planning Board
Selectman
LCRC
Housing Authority
PTA
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. I: recom-
mend against it as 1 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
enclosing a copy of the consultant's report.
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
the Chairman to sign the Liquor Identification Card for Kathleen
Sacco, 36 Shirley Street.
Upon motion duly made and seconded, it was voted to sign the
list of sewer betterment assessments for Blossomcrest Road.
Upon motion duly made and seconded, it was voted to sign the
abatement for sewer betterment assessment for Elizabeth G.
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
Edmund J. Waldron
$ 23.16 Wrong reading by owner
20.42 Wrong reading by owner
Planning
Board
Liquor
I.D. Card
Sewer
Assess.
Abatement
156'
Copper
Piping
Payment
Planner
Fletcher
Avenue
Sign
Laura F. Marshall
John Modoono
Jefferson Union Co.
Nicholas Russo
Wesley A. Taylor
$ 31.76 Meter read wrong
18.20 Water off
9.45 Wrong billing
115.15 Water off -meter out - now
connected with Woburn
9.10 Wrong billing
The Chairman read a letter from the Attorney General, enclo-
sing the second payment on the settlement in the copper piping
cases, in the amount of $356.40
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 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
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 adv
and lost him.
Mr. Bailey asked if Mr. O'Connell s
the Appropriation Committee.
Mr. O'Connell said that he has the
would discuss it with the Appropriation
ertised, we did hire a man
hould be the one to a'sk
matter under control and'
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
Avenue -Hayes Lane as a short cut from Woburn Street to Grant Street
and causing damage and annoyance in attempting to get. through the
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.
The Chairman discussed Lexington Center and said that Mr. Sasaki
had offered to donate Taxus Densiforma Plants to be used in the center
as these would have a low spread and the Taxus Capitata could be used
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
Court.
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'ss feeling that
Harmon White didn't withdraw the subdivision plans.
The Chairman read a letter to the Planning Board from Harmon
White stating that "we are desirous of cooperating with the Tom in
every reasonable way. We are not clear as to the precise difference
between 'discontinuance' and 'withdrawal.' Our purpose was to
facilitate the Town's study of the area. Whatever terminology will
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.
Lexington
Center
Post
Office
Green E
White Sub-
division
Woburn St.
School Site
158
Executive
Session
Upon motion duly made and seconded, it was voted to go into
Executive Session for the purpose of discussing, deliberating or
voting on matters which, if made public, might adversely affect
the public security, the financial 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
11:21 p.m.
A true record, Attest:
ly
E>(ecutive Clerk, Selectmen
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
August 15, 1970 as Social Security week in Lexington.
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 BostonEdison 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
serve the Campanelli building?
Mr. Pratt didn't know; he had heard that a petition is to be
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
pprove 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.
15:9
Procla-
mation
Conduit -
Hartwell
Maguire
160
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-
se I?
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.
Mr. Pratt agreed to go back to
form them that the Board requests a
system planned for Hartwell Avenue.
The Board agreed to take under
by the Boston Edison Company for:
the Boston Edison Company and in -
master plan of the underground
advisement the petition submitted
Hartwell Avenue, at -.and southwesterly from Maguire Road, a
distance of about 225 feet - manhole and
conduit.
At the request of the Town Clerk, four jurors were drawn as
fol lows:
Harris Feierstein
Paul Devlin
Carlo P..Domenechini
Gordon, -.C. Lawson
28 Lillian Road
26 Normandy Road
4 Alcott Road
362 Emerson Road
161
Jurors
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 4.90discounted
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
S. Webb, 11 Bennington Road.
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
Jean Ashley.
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
Road.
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-
isfactory answers from the owners on the attachment. He now re-
quests the Board to rescind the votes of June 15, 1970 and adopt the
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.
Webb
Taking
Ashley
Taking
Cotton
Taking
Steeves
Taking
Utica St.
162
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
Luongo 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 tham 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 100w 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 eachlamp 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
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; naso it is con-
sidered rock -proof.
The Chairman said that he had a photograph of the 1800'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 of the 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 Targe 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?
Mr. O'Connell said that he had asked that question and was told
that everything is done by appointment and there would be no problem.
They require rest room facilities and have the obvious overnight se-
curity 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.
163
Red Cross
Blood-
mobile
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 askedwho 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.
Invitation
Fluoridation
matter
Mr. O'Connell said that a letter has been received from the
American Foundation for Negro Affairs, addressed to the Mayor,
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.
1t 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
of the fluoridation study by Whitman and Howard and no action is
required of the Town. To go to fluoridation is not a simple matter.
Safety and space requirements may be more significant than operat-
ingcosts. 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
andwe will see what answer we get.
Mr. O'Connell informed the Board that the real estate tax bills::
for citizens with names beginning with "A" had been sent out today
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 "oldires'" and said that he had made
a check to determine what the funding requirements would be after a
fewweeks 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
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 02470.
Mr. McSweeney requested the Board to sign three copies of work
claims compensation for extra work performed on Lowell Street by
J.J. O'Brien & Sons, Inc., contractor for that project, in the
amount of $960.
Upon motion duly made and seconded, it was voted to sign the
extra work claim 01 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
to Mystic Valley Gas Company to install the main in Grant Street
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 issuedthe 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.
1 65
Tax Bills
"Old Res"
Lowell St.
Extra Work
Claim 01
Grant St.
Permit
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.
Cert. of
1ncorp.
Upon motion duly made and seconded, it was voted to certify
the character of Dr. Jan Hermann, 28 Tyler Road, who has applied
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.
Request
Permits
The Chairman read a letter from the Editor of the Art Trader
magazine, requesting permission to solicit door-to-door subscrip-
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
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:
Adams Street
Bedford Street
Diana Lane
Fessenden Way
Glen Road South
Gould Road
Hill Street
Laconia Street
Marshall Road
Woburn Street
16
Sewer
Betterment
Assessments
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.
Th. 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
be done on a trial basis. Crossing the Massachusetts Avenue traffic
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
crossing outside the hours covered by a crossing guard does not meet
state warrants for pedestrian lights.
Library
Bus Stop
GS
Winchester Dr.
Lowell Side-
walk and
Pedestrian
Light
Committee
for Street
Procedure &
Underground
Wiripg
McGonagle
Dog
Hearing
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
Traffic Committee regarding the location of the sidewalk at Win-
chester Drive and Lowell Street. We made the statement at:Town
Meeting that there would be pedestrian crossing lights at this
intersection. The recommendation of the committee has been received
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
street procedures and underground wiring.
Upon motion duly made and seconded, it was voted to write to
the following nominees to see if they would be willing to serve on
the street procedures and underground wiring committee; Charles T.
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.C. 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
noise all hours of the day and night; he has, in a nice way, tried
to find out why the animal has been allowed to cause so mush noise.
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 2Ist
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 18,
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:
December 8, 1969; McGonagle dog barking; spoke to Mrs.
promised to keep the dog from barking.
December 13. 1969: Another complaint from Mr. Hanson of
spoke to Mrs. McGonagle who said the dog belonged to her
asked if husband could take dog to work.
McGonagle she
dog barking;
husband, and
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
Group Insurance Commission for an opinion on any proposed contract.
The bill will be reported in the Senate next week and should be re-
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.
Bili H-2349
Group
Insurance
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.
Harold Handley as Guide Director, effective August 15, 1970, for a
term expiring on April 1, 1971.
Guide
Director
170
East Street
Executive
Session
Upon motion duly made and seconded, it was voted to sign the
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
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 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:
Executive Clerk, Selectmen
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 Mall need funds to finance construction and remodeling of the
Town Office Building. He recommended approval of a 5200,000 loan in
anticipation of bonding, 550,000 for new construction and 5150,000 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
recommendation of the Treasurer to award the contract to New England
Merchants National Bank in the amount of 550,000 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 5150,000 with interest at
4.30% payable at maturity for the purpose of remodeling the Town
Office Building.
171
Treasurer
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, (1) "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 Toss 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 theconfirmatory
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. 1 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 change
in use which could have been affected by an exchange of parcels of c:
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. 1 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.
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
ruling.
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; aad 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 street reconstruction and
underground wiring met with the Board.
The Chairman said that they had been invited to meet with the
Board in order to discuss what their function would be. At their
meeting, a Chairman should be elected. The Board would like to have
the Committee research two areas: (1) the approach on the reconstruc-
tion of streets - to look at it and come back to the Board with what
,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 Tight 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.
Comm. on
Procedures
Street'Re-
construc-
tion &
Underground
Wiring
174
Permit
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, wewillhave a head start with
background information.
The Chairman informed the committee that Mrs. Natalie Riffin 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 1:00 p.m. to
3:00 p.m. for a ceremony commemorating the 50th anniversary of women's
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 appropr.iate.service needs. The
Chairman asked Ws. 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.
The ceremony will last no more than 15 minutes. The caravan will be
small but there will be people from Lexington on the Green.
1i
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- Dog
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 dcg 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 1, 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
176
Designee for
Water Pollu-
tion Grants
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 Targe 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'
Town Official authorized to file applications for sewer grants for
water pollution control. He recommended that the Board designate
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
1
1
177
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
has not had a chance to review the elevation and recommended that the
request be approved, subject to this review.
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.
Friedman
Drain
Connects on'
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.
1.78
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 theMassachusettsPort 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.
Open
Burning
Provost Tax
Title
Auctioneer's
License
The Chairman read a letter from the State Department of Public
Health regarding Regulation 7 - Open Burning, and informs the Town
that the Department noted to grant a period of grace to those muni-
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-
perty.
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
Main Street, Haverhill, for an Auctioneer's license; he is to
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.
Public Road
Hearing
The Chairman read a notice from the County Commissioners of a
public hearing on public roads tobe held on Thursday, September 17,
1970 at 10:30 a.m.
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.
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
Augutt 16, 1970 from 1:00 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 Alien 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.
Mr. Legro said that at the hearing before the Labor Relations
Commission on July 15, 1970, it was agreed between counsel for the
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 outlined 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.
Upon motion duly made and seconded, it was voted to refer the
request to the _Traffic Committee for a recommendation.
Upon motion duly made and seconded, it was voted to sign the
Daily and Sunday licenses for the Lexington Theatre.
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
27 Curve Street who have applied for a Certificate of Incorporation
"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.
Mr. McSweeney said that he had reviewed the proposed location
with Mr. Pratt and Mr. Hutt of Boston Edison's Engineering and Con-
struction Division and had revised their locations in the field with
Mr. Hutt:
1. 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.
179
Permit
Police
Betterment
Associa-
tion
Traffic
Petition
Theatre
License
Cert. of
1ncorp.
Conduit -
Concord
Avenue,
Waltham &
Blossom -
crest
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:
1. 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 theiTown 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.
18 .
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 Fights
at Lowell Street, traffic safety and convenience will be improved by
extending the sidewalk along the south side of Winchester Drive to
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.
Winches-
ter Dr.
Sidewalk
182
Hunting
Committee
Fire
Fighters
Union
Upon motion duly made and seconded, it was voted to appoint
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.
Mr. O'Connell said that he had met with Mr. Fitzgerald and
the negotiating committee had finished business with the 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
Celebra-
tion Comm.
Mr. O'Connell asked when the Board would like to consider act-
ing on the 1975• Celebrations Committee?
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
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
183
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
own use and not for resale. The tank will afford us the opportunity
for less traffic and will avoid the storage of gasoline in small con-
tainers at the Nursery. We respectfully. submit the application for
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?
Gold
Star
Gasoline
Hearing
184
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. 1 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 1 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?
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; 1 don't think we could impose the condition he
could gas up some other vehicles; 1 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?
1
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
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; 1 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 1 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.
18i
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 Geld
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 interestin 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 1 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
1
•
doesn't change the fact it is still in residential zone R -I. 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 1 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 Iives,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 1
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 l
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;
1 would ask whether you want to comment at this hearing on the basis of
conducting that business3'.
Mr. Gaklis asked, about the wholesale?
Mr. Greeley said there are apparently two operations, (1) 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.
1E7
1 8
DNR
Addendum
Clause
•
Mr. Bailey asked on what basis it legally operates?
Mr. Gaklis said I don't know if 1 could answer it; 1 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 b
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 thePlan-
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
deeds. We had a successful meeting and learned that the DNR did
not intend that it should produce a trust as Mr. Legro feared it
might represent. Stephen Ellis, Legal Counsel for the DNR, will
examine the language following the prorogation of the legislature.
1
Mr. Sprague said the language in the order of taking satisfied the DNR
for the purpose for which the land is to be used7and 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.
In the letter from Mrs. Converse, she took exception to what she
understands is sex education in the Lexington Schools and felt this
should be included in the questionnaire. I checked with State groups
handling this and they know of no questionnaire, as such, for this
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 Chairman 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 theindividuals 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
by the Massachusetts Committee on Children and Youth.
The Chairman said that we will act on this later.
189
White
House
Conference
on
Children
Mass.
Youth
Conference
190
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.
Zoning
Waltham -
Lexington
Line
Transfers
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 lark into
Lexington; he questioned if a zoning change has taken place.
This has been investigated by the Building Inspector and the
Planning Board and it showed that the Lexington -Waltham town line
was incorrectly located. The Lexington line was 50 feet south of
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:
1. 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
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. ,OSCOnne 14i.5ai d: tbat ,a 4etter has been received from Harry:
Farrington, 234 Ea St -Street,, about: having East :Street's(' 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
was at Abbott Spray and Farm Equipment Company, and it was recovered
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.
Upon motion duly made and seconded, it was voted to have the
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
Marrett Road and Worthen Road.
Upon motion duly made and seconded, it was voted to refer this
petition to the Traffic Committee for recommendation.
Theft of
Equipment
State
Primary
Lincoln
Street
Traffic
Petition
192
Dunkin
Donuts
Election
Officers
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
7:00 a.m. to 10:00 p.m.
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
DEMOCRATS
Mrs. Mary C. Casey
22 Valley Road
Mrs. Elizabeth F. Downey
I Stimson Avenue
Mrs. Mary J. Ferry
50 Downing Road
Mrs. Eileen J. Fradette
35 Grapevine Avenue
Mr. Michael Lovezzola
7 Captain Parker Arms
Mrs. Edna F. Marshall
110 Woburn Street
Mrs. Margaret S. Magner
259 Woburn Street
Mrs. Henry P. Meade
I7C Wm. Roger Greeley Village
Mrs. Marjorie Modoono
285 Woburn Street
Mrs. Mary G. Oliver
610 Waltham Street
Mrs. Alice Lillian Osgood
573 Marrett Road
1970 -
1971
REPUBLICANS
Mrs. Edna R. Anderson
21 Leonard Road
Mrs. Florence M. Downe
112 Bedford Street
Mrs. Mary E. Clifford
54 Chase Avenue
Mrs. Ilda J. Field
30 Chase Avenue
Mrs. Ida B. Fisk
10 Spencer Street
Mrs. Rose J. Grant
16 Hillcrest Avenue
Mrs. Agnes Heimlich
796 Mass. Ave.
Mrs. Sally S. Hooper
282 Bedford Street.
Mrs. Mary F. Irwin
20 Clarke Street
Mrs. Alice G. Marshall
9 Independence Avenue
Mrs. Mary G. McCauley
75 Spring Street
Mrs. Helen L. Perry
16 Ellison Road
Mr. Randall W. Richards
67 Farmcrest Avenue
Mr. Joseph 0. Rooney
222 Waltham Street
Mrs. Mary V. Spencer
8 Cary Avenue
Mrs. Delores M. Swan
24 Bedford Street
Mrs. Virginia M. Warner
71 Adams Street
Mrs. Margaret S. Wilson
103 Merriam Street
Mrs. Marjorie E. Wirpio
22 Bartlett Avenue
The Chairman read a letter from Thomas Taylor, 64 Marrett Road,
requesting the purchase of town -owned land abutting his property.
Upon motion duly made and seconded, it was voted to refer this
request to the Planning Board for a recommendation.
The Chairman read a letter from the Director of the Krebs
School requesting installation of traffic control signal at the in-
tersection of Waltham Street and Concord Avenue.
Uponmotion. duly made and seconded, it was voted to refer this
request to the Traffic Committee.
Upon motion duly made and seconded, it was voted to inform the
Package Goods Stores to remain closed on Labor Day, September 7,
1970; motels and clubs may serve during the usual hours.
Upon motion duly made and seconded, it was voted to approve the
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
Robert E. and Niela M. Horn 80 Marrett Road
"Gestalt Institute of New England, Inc."
Rudolph J. Fobert 25 Winthrop Road
"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:
Manley Court
Mass. Avenue
Meadow Brook Avenue
Merriam Street
(also abatement sheet)
North Street
Patridge Road
Philip Road
Pine Knoll Road
Thoreau Road
Turning Mill Road
Turning Mill Road
Whitman Circle
Winter Street
Woodland Read
Taylor
Land
Request
Krebs
School
Traffic
Request
ABC -Labor
Day
Minutes
Cert. of
Incorp.
Sewer
Betterment
Assess-
ments
194
Abatement
Water Bet.
Assess.
Abatement
Permit
September
Meeting
Busa
Taking
Request
Executive
Session
Upon motion duly made and seconded, it was voted to sign the
abatment of sewer betterment assessment of Robert A. and Sara C.
Bittenbender, 85 Meriam Street, in the amount of $513.57.
Upon motion duly made and seconded, it was voted to sign
water betterment assessments for Hartwell Avenue and Philip Road.
Upon motion duly made and seconded, it was voted to sign the
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
square dance being held on the corner of Barberry and Stonewall
Roads on September 4, 1970 from 7:00 p.m. to 11:00 p.m. or, in the
event of rain, September 6, 1970.
Upon motion duly made and seconded, it was voted to;hold the
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
by Alfred S. Busa and Daniel P. Busa, Trustees of Busa Realty Trust,
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-
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
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.
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.
The Board discussed the bili 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.
Upon motion duly made and seconded, it was voted to approve
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:
Executive Clerk, Selectmen
195
Schofield
Bill
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:
Propane Gas
Hearing
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
Leasing Company and had applied for natural gas and had been in-
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.
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?
Mr. Pratt replied, overhead..
The Chairman asked where is the last existing pole?
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 hew 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.
i97
Poles
Hartwell
Avenue
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 ay
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
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 onwthe 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 .wouldjump 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.
informed you that Campanelli had asked for power as they have a
deadline to meet by October 1; 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 abaterhents 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 1. 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
199
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 en 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 underadvisement.
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 agreed we shouldn't jeopardize Campanelli
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
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 some 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.
tri
202
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 ifthe 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 Tess 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't
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.
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
Town Engineer.
Mr. McSweeney said this is an additional manhole to be put within
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 (1) manhole 54/888.
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 bilis, for
a 6 -month period, and they were for $33.00 for that period of time.
I can't see how 1 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
asked for a report from everyone concerned. The meter was checked
and was only registering 99% of the water going through and the meter
was fine. We have looked in every way to find some reason to grant
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. 1 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.
203
Mass.
Avenue
Conduit
Legere
Water
Bill •
Abatement
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'Connell informed the Board that Morris Motors had applied
for a Class 11 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 11 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, 1 be-
lieve the Registry may have raised the question.
1
205
Mr. Kenney asked when his Class 11 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 11 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
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 Tike 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 Board 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 atterltd the Massachusetts Conference on Child -
Youth ren and Youth at Boston College on October 17.
Mr. O'Connell reported to the Board on vandalism. He said
that the problemseems 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
don't come up with better answers, we are facing a choice of forbid .,:_
ding the use of the park in order to prevent the park from being
progressively destroyed. We can rep;iace 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.
Center
Vandalism
Mr. O'Connell said that the Beard 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
readings, and the post card reading never had been received, it ap-
pears that if the bill had been read in two periods and he had been
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.
Upon motion duly made and seconded, it was voted to award the
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-
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
requests a connection, as it has come to his attention that the
Town plans to extend the sewer line southeasterly on Massachusetts
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-
ceived from Onys A. Kelley, Jr., 24 Turning Mill Road, for an abate-
ment of his sewer betterment assessment of $834.32. This lot cannot
be sewered at this time because in the final design it was determined
207
Beggs
Water
Abatement
Belli
Contract
United
Fund
Jenkins
Sewer
Connection
Kelley
Sewer
Assessment
Abatement
208
that in order to sewerthis 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.
Edwards Sewer
Connection
Permit
Kelley
Request for
Mass. Ave.
Lot
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 t�
his lot; the estimated cost is in the vicinity of $4500, with
betterments of $780. The Board denied this request and suggested
he find another way to sewer the lot. He has found a way by coming
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 l 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 di•scussiori, it:was agreed that Mr. McSweeney is to ant -
swer that (1) 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-
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 Bbard agreed that no answer is necessary as Mr. Blidell did
not enclose his address.
The Chairman said that Mr. and Mrs. John Kelley had written us
requesting the purchase of a section of lot 305, which abuts their
property at 410 Massachusetts Avenue. We referred this to the Plan-
ning Board and have received a reply from them as follows:
209.
"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 and 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 houseswithout 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 1 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
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 go out of Executive Session and resume the open
meeting.
Executive
Session
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 in question are wooded and presently unused 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. 1 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; 1 would question as to the legal basis
from the 1920's, or only grant the permit subsequent to that. 1
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; 1 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 wouldbe 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 Tess 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,,_odly 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
11:45 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, l 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
acceptance of their parcel of land on !Hayden: Avenue. They agreed
with me to do that but the compiled plan was not available and they
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.
B.B. & N.
Plan
Extension
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
taken by the Board. We have received three bids on 2,200 tons of
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
Rock Salt
Bids
214
Salting
Policy
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.
Mr. Greeley said he would like to hear a more specific comment
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; 1 am saying maybe the policy should
be to salt just the main roads. 1 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 -tar
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 1, 1970; 1 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.
Hayward Ave.
Tax Title
Lots -
Pallis Tax
Title
Mr. O'Connell informed the Board that Mr. and Mrs. Pallas, 19
Hayward Avenue, contacted the Board in 1969 relative to the purchase
of two lots behind their property. On July 7, 1969, the Board voted
to advertise these two lots, lots 124 and 125 located to the north
from 19 Hayward Avenue, for sale and they were advertised in the
Minute -man. Mr. Pallis 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. Pallis. Apparently it was not
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 notion 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. Pailis 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
by the gravity method.
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 Report from the New England Municipal Report Competition.
The award was accepted by Mr. Perry, Comptroller for the Town.
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
that would require and expenditure of $5,000 and he didn't feel he
could approve this.
The Chairman said that we could ask for a transfer from the
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
license and in his application he applied for 24 hours. As you
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
215
Belcher
Deferment
1968 Town
Report
Award
Conserva-
tion Comm.
Fund Re-
quest.
Dunkin
Donuts
2] 6
can live with. At this point, the Board of Health has not approved
this and`1 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,
1 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 1
said hello to as many people as possible, including abutters. I in-
tend to operate the shop myseif,.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 1 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 11:00
p.m.
Mr. DeBenedetto was not familiar with Bellino's. He asked what
would be the objection to 12M?
The Chairman said, as 1 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.
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. 1 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.rp.
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 11:00 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-
lined program is a good approach.
Mr. Kenney said that this would be entirely separate from Town
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
Conference on Children and Youth to be held at Boston College on
October 17. He had called Dr. Fobert and his recommendation is Dr.
Jack Monderer of the School Department as he feels he would be an
appropriate representative of the Town.
217
1975
Celebra-
tions
Mass. Conf.
Children
and Youth
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. Heyunder-
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: 1) 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. 1 don't see how you can go into the next two months :i
Pickup without people burning their leaves and 1 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-
lecti:on.
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 Targe volume con-
tainers so we won't have to make too many trips to the dump.
The Chairman said that Deflice 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 Deflice would rent it.
Mr. Greeley asked if we used Deflice'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 firinge 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 Chairmanrread 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
against the recommendation of the Traffic Committee for an alterna-
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.
New Junior
High Access
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
Ambulance
Upon motion duly made and seconded, it was voted to accept the
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.
Upon motion duly made and seconded, it was voted to sign the
Order for Construction of Sewer on Massachusetts Avenue, from
2325 Massachusetts Avenue, a distance of 226 feet, more or less, to
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 Police Betterment Association as the exclusive collective
bargaining agent for the members of the Lexington Police Department.
Mr. Legro said that they have complied with their part of the
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 recognise 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.
22t
Sewer
Order
Lexington
Police
Betterment
Association
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-CI0, notifying the Board
that William J. Powers is authorized to sign the collective bargain-
ing agreement in behalf of the American Federation of State, County
and Municipal Employees, Massachusetts State Council and its affili-
ate, Local 1703.
Public
Works
Union
222
Traffic
Committee
School Zones
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
b. Add one sign on Grove Street for the Estabrook School
c. Replace a missing sign on Lowell Street north of the Herrin -
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:
1
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.
1
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 condlttons 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, withHSpring 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.
Upon motion duly made and seconded, it was voted to adjourn at
9:50 p.m.
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 Deflice 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 1:00 p.m. If we ran the project from 1:00 to 6:00 p.m., we esti-
mate two crews could cover the Town in a Period of 7 to 10 working
225
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 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 set 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.
2b
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.
Grant St.
Tree
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
at 115 Grant Street and a group of citizens voiced their disapproval
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. 1 can see
your question on whether you could properly lay out a way with an
easement for a period of years; 1 suppose there is a possibility of
laying out for a period of time but 1 don't think there is any wis-
dom in i t .
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?
Theccitizens 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 that the hearing was on the tree and not the easement and
this should be taken up privately. Mrs. Walsh and 1 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.
228
Upon motion duly made and seconded, it was voted to approve plan
No. 1, 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 Riffin 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. 1 have a child and 1 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 meetingis 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 I0 -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 Tess 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 werefinanced 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 to appeal 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.
30
Transfer
Snow -
Plowing
Crawford
0. of T.
Mr. Livingston asked if you sell a bond for 51% 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 marketability 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
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.
The Board agreed to discuss the snowplowing rates at the next
meeting on October 5, :1970.
Mr. Legro requested the Board to sign the Order of Taking of the
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,
1970; motels and clubs may serve during the usual Sunday hours.
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
for automatic renewal of liquor licenses upon payment of fee, with-
out advertising, provided the license is of the same type as the
expiring license and covers the same licensed premises. All we will
now require is a signed affidavit from the applicant at time of re-
quest for renewal.
Liquor
Oct. 12
Liquor
Renewal
Applica-
tion
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 11 Dudley Road
"Project Tr•iang4ef 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
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.
The letter mentioned a column in the Minute -man wherein a citizen
Gas Main
Hanscom
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 it 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 1 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
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
for our new Town Hall. Mr. Parsons is happy and eager to do it.
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:
Executive Clerk, Selectmen
LCSR
Town Ha II
Paintings
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.
Jurors lows:
At the request of the Town Clerk, two jurors were drawn as fol -
Gerald Amodeo 1 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 written permit for land clearing.
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.
s R1d.
Li °l0 t)
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.
1 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, 1 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 1, 1971. The applicant shall assume
all costs such as, but not limited to, the publishing of legal no-
tices incidental lb 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 $4250 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. 1 don't know whether
the brochure would include all of the agreement. 1 think it would be
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.
Patridge offer
of land on
Philip Road
The Chairman informed the Board that a letter has been received
from the Partridge Associates, Inc. offering as a gift lots 112, 113
and 114 Philip Road. These are the three strips of land down at the
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?
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
character of Herbert C. Siegert, M.D., who has, applied for Certifi-
cate of Incorporation, "Community Action for Youth, Inc."
237
Cert. of
Incorp.
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.
23b
Muzzey St.
Parking Lot
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 ft) 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
if they could build on one side of it and
point to take this into consideration...
Mr. Greeley said if the Town doesn't
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 coming'
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.
Two or three land owners would be willing to give us options to pur-
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...
located in such a location,
the Town participate to a
buy the zoning change, the
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,
spend three years' drainage money for one location.
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
security, the financial interest 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.
239
Idylwilde
Drainage
Executive
Session
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
1
Upon motion duly made and seconded, it was voted to sign the
Sewer Order for construction of sewer on the following streets:
Orders
Town Report
Committee
Minutes
Annual Mass.
Selectmen's
Meeting
Barbery Road
Field Road
Stonewall 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-
pointed.
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 of September 21 and September 28, 1970.
Mr. Bailey reported to the. Board that he had attended the Annual
Town -wide meeting of the Massachusetts Selectmen's Association. Lex-
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
SELECTMEN'S MEETING
October 13, 1970
A regular meeting of the Board of Selectmenwas 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:
Advertise for bids
Receipt of Sub -bids
Receipt of General bids
Town Meeting
November 23
December 23
January 6
January 11
241
New Junior
High
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 arbhitects.
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
Center Pool
Playground
Palmer
•:Carriage
House
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
can be done about it. Mr. McSweeney and Mr. Donahue of Continental
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 #rwo
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
a letter to the owner, James B. Palmer, asking if he intended to
repair the building and also informing him that if he intends t�
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 duly made 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
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-
tions to take effect on October 16 and to schedule the two leaf
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-
tween 80 and 100 cars using it as a cut -through frau 4:00 p.m. to
6:00 p.m. We feel the speed limit of 30 miles per hour is too fast
for children on the street, and there are no sidewalks. The maximum
distance 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:
1. 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.
243
Leaf
Pickup
Bridge
Street
Traffic
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-
nizedttis 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,r;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 reasonalS'6eness. 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, l 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
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
$75, as she is a widow and unable to pay.
The Chairman said that as he understood it, we have no basis for
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
Certificate of Incorporation, "Naples Club, Inc."
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meeting held on September 14, 1970.
Upon motion duly made and seconded, it was voted to sign a water
abatement for Gerard L. Legere, 16 Grapevine Avenue, in the amount of
$52.50; adjusted bill.
Upon motion duly made and seconded, it was voted to sign the
order of construction of sewer on Old Shade Street.
241
B.B. & N.
Kroll
Deferment
Request
Cert. of
1ncorp.
Minutes
Abatement
Sewer
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
that there should be a definite water connection, that we will not
accept it into Mason Street and he has to pay betterments. Mr. Green
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.
Green and
White Sewer
Connection
246
Youth. Center
Committee
Invitation
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-
mittee from Mr. McManus, Drug Consultant, to Selectman Greeley,
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
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.
Executive
Session
Upon motion duly made and seconded, it was voted to go into
Executive Session for the purpose of discussing, deliberating or
voting on matters which, if made public, might adversely affect the
public security, the financial 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:
Executive Clerk, Selectmen
1
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
#1703; Richard E. Spiers as president of Local #1703 and authorized
to sign the agreement between the Town and Local #1703, and John
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.
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
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
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
247
Public
Works
Union
Permit
Transfer
Transfer
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
1ncorp.
Permit
Bond
'Minutes
Article
Neil L. Chayet
Richard B. Plank
Margery M. Battin
Charles E. Ellicott
William C. Hays
"Re -Place,
272 Concord Avenue
149 Spring Street
15 Paul Revere Road
58 Baskin Road
44 Moreland Avenue
Inc."
Upon motion duly made and seconded, it was voted that the Board
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 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 of the Selectmen's Meetings held on November 10, December 8,
December 22, 1969; February 19, March 30, April 1 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.
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 Will does not
make any provision against use of the principal as well as the income,
nor against comingling pf!this:rironey with other perpetual care funds,
and that 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 1 see it at this time.
He read the memo which stated that the Board now has two choices open:
1. 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 to approatb 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 1, 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 1, 1971 and since there was no municipal refuse collec-
tion available on June 1, 1970, the regulations permit open burn-
ing until July 1, 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 1 am sure it
would be the desire of the Boardto 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; 1 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
Ckeinber 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:
2 J 3"
Concord Avenue: From Route 2 easterly a distance of 3136 feet,
more or Tess, to Hardy Pond Brook.
Concord Avenue: From Hardy Pond Brook a distance of 1281 feet, Sewer
more or less, easterly to Waltham Street. Orders
Waltham Street: From Lexington -Waltham Town Line.
The 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 11, The question
is whether there would be time enough,_after receipt of the general
bids and whether January 18 would be more practical. 1 talked with y
Mr. Taylor and if they could meet the combination of requirements,iSpecia
f they c
Januarry
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
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
Warrant for the next Town Meeting to abolish hunting completely
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
Mr. Palmer about the possibility of demolishing the fire damaged
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.
Hunting
Committee
Palmer
Building
254
Perambulation
Citizen's
Award
Lincoln Lab
Sign
Warrant
Article
Executive
Session
The Chairman informed the Board that a telephone call has been
received from the Town of Winchester regarding the perambulation of
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
men's Association has sent us a letter asking
outstanding public and civic employees, to be
4, 1970.
The Chairman asked the Board to consider
will be discussed at the next meeting.
Massachusetts Select -
for nominations for
submitted by November
this request and it
The Chairman informed the Board that a memo has been received
from the Traffic Committee stating that according to Mr. Paddleford
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 ask 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.
Upon motion duly made and seconded, it was voted to insert an
Article in the Warrant for the Special Town Meeting to change the
By -Law requiring the Warrant to be sent to each registered voter.
ilk Upon motion duly made and seconded, it was voted to go into
Executive Session for the purpose of discussing, deliberating or
voting on matters which, if made public, might adversely affect the
public security, the financial interests of the Town or the 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
1
255
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 1 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-
tionrto other towns. They commented very favorably on (1) 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?
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 11 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'ahy 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.
Mr. O'Connell said that we thought we would have this meeting
first; we can explore that later.
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 I8th, you would have to wait for the 25th before we
know whether there is going to be a referendum.
257
Special
Town
Meeting
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 11
to make all the evaluations2
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 inion 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
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 askedif 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?
259
260
Jan. Special
Town Meeting
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 existing obtpath?
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.
Upon motion duly made and seconded, it was voted to call the
Special Town Meeting for Monday evening, January 11, 1971;,. at
8:00 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 frau the'Asso-
ciate Members of the Historic Districts Commission, effective
December 31, 1970.
Cert. of
1ncorp.
Abatement
Minutes
Dem. Town
Committee
Upon motion duly made and seconded, it was voted to certify
the character of the following who has applied for Certificate of
Incorporation:
Edwin M. Schur 26 Hayes Avenue
"Massachusetts Sociological Association, Inc."
Upon motion duly made and seconded, it was voted to `sign the
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
the minutes of the Selectmen's Meeting held on October 19, 1970.
The Chairman read a letter from the Town Clerk regarding a
letter addressed to the Board from Daniel E. Power, Chairman of
the Democratic Town Committee. Mr. Power serves notice of protest
261
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 officeris 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:
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-
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.
Sewer
Orders
Hatch Act
2.62
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.
Outstanding
Employee
The Board agreed to discuss next week the nominations for an
outstanding municipal employee of 1970 to be submitted to the
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, 1 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 013 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
the public security, the financial interests of the Town or the
reputation of any person.
After discussion of matters of financial interest to the Town,
it was voted to 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
Executive
Session
264
Jurors
Ginn & Co.
Fuel Oil
Hearing
Town Office
Building
Bond
SELECTMEN'S MEETING
November 2, 1970
A regular meeting of the Board of Selectmen was held in the Bird
Room, Cary Memorial Building, 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:
Allan H. Greenleaf
William Irwin
Peter Liepkalns
49 Colony Road
14 Sherman Street
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.
A notice of the hearing was inserted in the October 22, 1970 1s -
sue 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 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
selling of bonds on last Wednesday. The First National Bank at the
interest rate of 4.20$was low bidder. We had 13 bids, which spread
from Boston, New York, Miami and Chicago; there were bids from five
major Chicago banks as there is interest in our bonds in the mid-
west. After we sold at 4.20, Burlington sold an A -rated issue at
6.20; 24 -hours later, Wellesley sold at $I 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 1 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.
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 1, 1970.
Upon motion duly made and seconded, it was voted that the sale
of the following 4.20% bonds of the Town dated December.l, 1970,
$790,000 Municipal Purpose loan of 1970 -Within Debt Limit (Nos. Ito
158) payable December 1, $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
it; the insurance certificate has been extended to November 22,
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
Tuesday afternoon; Mr. Christoforo was unable to do that but, to-
day, he did. Therefore, 1 request that the Board rescind the pre-
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: (1) from the Board of Health for $I,000 for
additional expenses associated with the Lexington Visiting Nurse
Association.
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
coming season and this means the Town has it all under 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
ti 5
Tennis Ct.
Contract
Crawford
Order of
Taking
Transfers
Fuel Oil
Contract
2 tie;
Boundary
Perambula-
tion
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.
Mr. O'Connell informed the Board that he had received two. re-
plies to our letter regarding the perambulation of Town boundaries.
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 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.
Liquor
License
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
Lexington Lodge of Elks
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 askedwhat 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.
1
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
copy of the flight pattern was enclosed.
The Board agreed to forward this to the Minute-manInorder to
inform the citizens of the Town.
267
Hanscom
Field
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 Il, 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
of the Massachusetts DPW and the Registry of Motor Vehicles and it
is against thepolicy of these authorities to deviate from the
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
Traffic
Bridge
Street
268
Bertwell
Road Sign
Executive
Session
Parks and
playgrounds
Regulations
or. likely to receive State.. approval as regards Bridge Street. Should
the Selectmen wish to pursue this further and apply for State apr
proval, 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.
Walsh has one blind child and another with serious vision impairment
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 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 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.
The Board discussed the Regulations for Parks and Playgrounds.
Upon motion duly made and seconded, it was voted to amend the
regulations for Parks and Playgrounds by adding paragraph la:
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 duly made and seconded, it was voted to adjourn at
10:15 p.m.
A true record, Attest:
Executive Clerk, Selectme
269
270
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
with the Town Engineer.
Mr. Pratt, representing the Bo~;ton Edison Company, was present
and said that this petition is at the request of the Town for two
poles for street lighting at the intersection of Marrett Road.
No one appearing in favor, the Chairman asked if anyone was in
opposition.
Poles Mass.
Ave. North-
east of
Marrett Rd.
27
Mr. Robert Perkins, Manager of Minute -Man National Park, was
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 Tight 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, 1
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 1 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
Town Office
Building
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 (1) 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 1 and
2 feet.
No one appearing in favor or in opposition, the,=Chairman de-
clared the hearingdlosed.
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 exiating JO poles to be removed).
Mr. Zehner, Town Treasurer, met with the Board. He requested
the Board to sign the Signature and No Litigation Certificate with
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
being conducted. According to the Planning Board conclusions,
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-
lieved that Woburn would not respond to our letter as cities are
not legally obligated to do this; they did not in 1965. We will
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 11, 1970; motels and clubs may serve liquor during the usual
hours.
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.
Garfield
Playground
Boundary
Perambu-
lation
ABC
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 1. 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.
Hunting
Complaint
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.
The Board agreed to reply to Mrs. Waldstein that this is a
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 Deportment. 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.
Mr. Legro discussed the bill submitted by Henry E. Keenan & Com-
pany as an expert witness in the case of R. Curtis Hamilton, Trustee
vs. Town of Lexington, in the amount of $604.55. There is a balance
of $5,000 in Article 78 of the 1967 Annual Town Meeting appropriation
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 11, 1971
Special Town Meeting.
I. To abolish hunting
2. By -Law change - mailing the Warrant
3. Acceptance of gift of $300 - Georgie
4. Acceptance of gift of $1500 = Kather
forest
5. Authorization to spend Federal funds
Burr Smith
ine Harrington - Seedling
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
acquired or administered under cooperative agreements by the National
Park System. Secretary Hickel 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
matters which, if made public, might adversely affect the public secu-
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 goiout of Executive Session.
Upon motionduly made and seconded, it was voted to adjourn at
11:05 p.m.
A true record, Attest:
Keenan
Bill
Hamilton
Warrant
Articles
Bicen-
tennial
Executive
Session
)2t_ • )---e4_4_t-
Executive Clerk, Selectmen
276
Release
Perambula-
tion
Transfer
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
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.
Winchester has asked for Thursday, November 19, and Lincoln has
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
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.
Marrett Rd.
Sidewalk
Mr. O'Connell read a letter from Mr. Mistretta to Mr. McSweeney
regarding our request of October 16, 1970 to construct a sidewalk
on Marrett Road. The letter states that prior to granting a permit
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:
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 1 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.
The Chairman said that he had answered Mrs. Tausch last week
that we are requesting a schedule and when it is received, we would
consider what to do.
Mr. McSweeney said that they are saying it is going into the
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-
stalled on both sides of Massachusetts Avenue from Worthen Road to
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
site for the fund-raising fair; the Club raised $100 for the drug
problem in the Town.
277
Winchester
Drive -
Lowell St.
Pedestrian
Light
Stanton
Request
4-H Club
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.
By -Laws
Cert. of
1ncorp.
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
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.
Upon motion duly made and seconded, it was voted to certify the
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
for 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.
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.
Dorion, 5 Park Street.
Upon motion duly made and seconded, it was voted to sign the
abatements for water rate billed to the following:
Raymond Simpson
Earl Outhet
$ 3.85 Wrong Billing
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,
1970 to abate the water bill sent to Dr. M.F. Amaral, 177 Cedar
Street, in the amount of $156.45, abated in error.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's Meeting held on November 2, 1970.
279
I.D. Card
Water
Abatements
Amaral
Water Bill
Minutes
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-
ment and any signs becoming dilapidated, damaged or poorly visible
be renovated, replaced or visual obstructions cleared as a matter
of routine maintenance by the Public Works Department.
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-
stallation of a cautionary:s:ign. The report states the Committee
can suggest no cautionary sign for Mrs. Walsh other than the stand-
ard "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.
Traffic
School
Zones
Sign
Traffic
Walsh
Request
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.
Drug
Advisory
Committee
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.
Upon motion duly made and seconded, it was unanimously voted
to appoint Jack H. Monderer a member of the Drug Advisory 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 noon -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
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
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.
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:
1. Reports
2. Appropriations for Junior High School building
(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.)
Executive
Session
Special
January
Meeting
Articles
282
12. Covenant Church re -zoning
(Inserted at the request of 100 or more registered voters)
13. Meaghervi1le
(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
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
the contract signed by the Board on November 16, 1970, subject to
his approval, for Financial Assistance by and between the Common-
wealth of Massachusetts and the Lexington Housing Authority.
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 onwhat basis should they hold a hearing on
this?
Mr. Kenney replied, to accomodate the public.
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 apr
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.
283
Financial
Aid
Housing
Auth. Cont.
Meagher-
ville
eagher-
vi1le
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
Centerthe 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.
Boundaries
Mr. O'Connell gave a progress report on the perambulation of
boundaries. He said that the boundary of Winchester had been
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
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
"Satya Community School, Inc."
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-
ground wiring.
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 replace'Mr. Earsy on the Lexington
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,
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
on December 3, 1970 in
of the MBTA.
The Chairman said
form Mr. O'Connell.
an invitation from the MBTA to attend,a meeting
the Needham Town Hall to discuss the operations
that if any member could attend, he should in -
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's Meeting held on November 9; 1970.
Upon motion duly made and seconded, it was voted to sign the Or-
der for Construction of Sidewalk on Simonds Road -from Preston Road, a
distance of 1465 feet, more or less, to Burlington Street.
285
Cert. of
1ncorp.
Street
Committee
LCSR
Tax Title
MBTA
Meeting
Minutes
Simonds Rd.
Sidewalk
Order
286
Thoreau Rd.
Traffic
S1LC
Chapter 90
Worthen Rd.
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 excese
sive but the combination justifies the following recommended
measures:
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 Intertown Liaison
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 1 understand it, we can redesignate it to
another section of Worthen Road.
Our answer to Mr. Mistretta is that we are no longer proposing
Worthen.Road as it was proposed to him and we have to sit down with
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?
The Chairman replied, yes, the motion was pretty specific. 1 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-
ity, the financial interests of the Town or the reputation of a person.
After discussion of matters of financial interest to the Town, it
was voted to go out of Executive Session.
Upon„motion duly made and seconded, it was voted to adjourn at
10:20 p.m.
A true record, Attest:
Executive Clerk, Selectmen
287
Executive
Session
288
Jurors
Brent Road -
Adams Estate
Subdivision
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:
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 1, 1967 of streets and utilities
serving these lots. On December 11, 1967, the Planning Board
voted to reduce the security to $4,000, returning deposits in ex-
cess of this amount to the developer. On December 18, 1967, the
Planning Board voted to release Tots 32 through 38 (the balance of
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.
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. 1 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-
ation on permits required to demolish the building.
Mr. O'Connell read a letter from the Building Inspector, recom-
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.
289
Palmer
Carriage
House
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, 5-8 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.
Battle Green
Liquor
License
Brewster's
Com. Vict.
License
Cert. of
Incorp.
Elks -
New Year's
Upon motion duly made and seconded, it was voted to sign the
application to the Alcoholic Beverages Commission for approval, and
to sign the liquor license to be issued for the sale of all alco-
holic beverages to RHD Realty & Development Corporation, Battle
Green Motel, 1720 Massachusetts Avenue.
Upon motion duly made and seconded, it was voted to:sign the
Common Victualler License (renewal) to be issued to Brewster's
913 Waltham Street.
Upon motion duly made and seconded, it was voted to certify
the character of Leonard Kirsch, 28 Mason Street, who has applied
for Certificate of Incorporation, "University of Massachusetts -
Boston Faculty Club, Inc."
Upon motion duly made and seconded, it was voted to grant the
request of Lexington Lodge of Elks to serve liquor until 2:00 a.m.
on New Year's Eve.
The Chairman read a letter from Barbara Degan of the C.Y.O.
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.
Master Tax
Plan
The Chairman read a letter from the Town Manager, enclosing a
copy of the Master Tax Plan report which is now under review for
consideration at the next session of the Legislature.
291
The 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 1: Publish street and sidewalk list; hold prelimin-
ary June Hearing
Phase II: Preparation of Preliminary Plans
Phase III: Fall Hearing on Preliminary Plans Sidewalk
Committee
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 11 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.
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, 1 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, 1 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.
295
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'thi3t-: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 11,
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. F19650 -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.
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. 1 believe that
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
LCSR
Jr. High
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 ofsafety 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 wi11 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 askcus 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?
297
Mr. Taylor showeda 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
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. Mabee 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
eounty 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.
298
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 burbs
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
reit 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?
299
Mr. Taylor said, 1 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. 1 am•requesting
it before 1 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
300
Jurors
Po l e
Location
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:
Thomas F. Cloherty
Joseph L. Swan
Eugene 0. Beauchemin
26 Pearl Street
60 Tarbell Avenue
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
conformity with the plans and specifications for the reconstruction
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
approximately
Road, --
Two (2) poles
moved.)
Downing Road, southwesterly side, approximately 493.feet
northwest of Marrett Road, --
One (1) pole (One existing JO pole to be re-
moved.)
side, northwesterly from a point
70 feet northwest of Marrett
(Two existing JO poles to be rer
30 1
Downing Road, southwesterly side, approximately 681 feet northwest
of Marrett Road, --
One (1) 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 0 4050 and a transfer of $600 was approved
by the Appropriation Committee. 1 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 transfer from the Reserve Fund to Ac-
count 04050, in the amount of $150.
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 02460, in the amount of $300.
Mr. O'Connell said that a transfer is requested to the Town Re-
port Account 01760, in the amount of $450, for additional clerical
costs, furniture, supplies and rental of two typewriters.
Upon motion duly made andseconded, it was voted to request the
Appropriation Committee for a transfer from the Reserve Fund to the
Town Report Account 01760, 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.
Transfers
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
Bids
Sidewalks
Police
Civil
Service
1st Class
License
Lodging
License
Common
Victualler
License
Honeywell
Emergency
Connection
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 1 would appreciate
it if the Board would give some thought to replacements.
Mr. O'Connell informed the Board that seven bids had been re-
ceived for sidewalk construction on Marrett Road, Taft Avenue and
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 1 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.ali
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
first five on the list: Lloyd F. Smith of Arlington, Charles J.
Peters of Watertown; William J. Kelly of Arlington. There were
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.
Upon motion duly made and seconded, it was voted to sign 1971
First Class Auto Licenses for the following:
Lexington Auto Sales
Auto Engineering
Rowe Chevrolet
Upon motion duly made
1971 Lodging House License
409 Massachusetts Avenue
436 Marrett Road
33 Bedford Street
and seconded, it was voted to sign the
for Wild Acre Inn, 50 Percy Road.
Upon motion duly made and seconded, it was voted to sign
1971 Common Victualler Licenses for the following:
Bamboo Hut
Hancock Market
Pine Meadow Golf Club
Friendly Ice Cream
177 Massachusetts Avenue
6 North Hancock Street
255 Cedar Street
66 Bedford Street
the
The Chairman read a letter from Honeywell Information Systems,
Inc., 200 Smith Street, Waltham stating that their property abuts the
Lexington boundary line and they request consideration for an
1
1
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
to be required by the school program not necessary to the function
of the school,. A road connection through there opens a certain
amount of through traffic from the other school and there was a
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.
New
Junior
High
School
x.
04
4th of
July
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
permission to hold the 4th of July celebration on the Lexington
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; $15,000 for Dutch Elm
Control Disease Control.
Mr. Greeley asked if the notice said anything about the
pesticides used?
The Chairman replied in the negative.
The Board agreed to get some answers on the program before
Town Meeting.
Waltham St.
Sewer Con -
§$ruction
Upon motion duly made and seconded, it was voted to sign the
Order for Construction of Sewer on Waltham Street, a point 242
feet, more or less, northeasterly of the Lexington -Waltham line,
a distance of 791 feet, more or Tess, northeasterly.
The Chapter 90 program was discussed.
Chapter The Chairman said that Mr. O'Connell, Mr. McSweeney and 1
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:
1. 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.
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 1, 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
$1.80,000. 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 theA well 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.
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, onlyreconstruc-
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 co cities and towns and the vote taken
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
recommendation of Chief Corr and to appoint Peter Greeley as a Special
Police Officer. Mr. Greeley would be employed by Harvard Trust.
3417
MBTA
Special
Police
30S
Traffic
Sign
Thoreau Rd.
Traffic
The Chairman read a report from the Traffic Committee recam-+c
mending that a sign reading "We Take Traffic Safety Seriously" be
added beneath the sign "Entering Lexington" at the Five Forks
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 from the Town Engineer regarding a
petition received from residents of Thoreau Road requesting a "Cau-
tion, Dangerous Curve" sign because of a blind rise, also, damage
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.
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 there. 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
11:00 p.m.
A true record, Attest:
1
Executive Clerk, Selectmen
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 C.ataldo, 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
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.
Bloodmobile
Drummer Boy
Soule &
Frissore
Options
Transfer
Mr. O'Connell reported to the Board that the Conservation Com-
mission had submitted to him the requested additional details on
the Drummer Boy option and, also, copies of certificates of title
covering property owned by Robert.L. Frissore, Ralph J. Frissore
and Richard Soule and request to have an option prepared for
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 arequest 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-
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.
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 11, 1971.
Upon motion duly made and seconded, it was voted to sign the
Warrant for the Special Town Meeting on January 11, 1971.
Upon motion duly made and seconded, it was voted to sign Common
Victualler Licenses for the following:
Arno's Delicatessen
Kentucky Fried Chicken
Regent Delicatessen
Brigham's d.b.a. Buttrick's
Brigham's
Pewter Pot Realty Corp.
321 Woburn Street
211 Massachusetts Avenue
1729 Massachusetts Avenue
34'Bedford Street
1775 Massachusetts Avenue
1710 Massachusetts Avenue
The Chairman informed the Board that Dunkin Donuts would like
to extend their hours of operation to 12 midnight or 1:00 a.m. I
have talked with Chief Corr and he had no objection to extending
the hours.
Upon motion duly made and seconded, it was voted to sign the
Common Victualler License for Dunkin Donuts, 373 Waltham Street,.
with the hours of operation from 6:00 a.m. to 11:00 p.m.
Upon motion duly made and seconded, it was voted to sign the
Innkeeper License for Lexington Chalet, Inc., 440 Bedford Street.
Upon motion duly made and seconded, it was voted to sign the
First Class Agent License for Colonial Garage, Inc., 1668 Massa-
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
and to Town Counsel, Town Manager, Building Inspector and the His-
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 1 found it
had been severely damaged; 1 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
311
Warrant
Special
Town Meeting
Common
Victuallers
License
Dunkin
Donuts
Request
Innkeeper
First Class
Agent
Pa Imer
Hearing
31.2
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 1 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 1 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 1 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 1 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 cane 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 1.
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?
314
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.
Bonds
Upon motion duly made and seconded, it was voted to sign and
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.
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.
Upon motion duly made and seconded, it was voted to grant the
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
TheChairman read a tetter 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-
ment of Lexington Green and Buckman Taverna The letter states that
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
1:00 a.m. to apply to the:dining room (Dunfey's Tavern), the Tavern
Lounge and one main ballroom.
Upon motion duly made and seconded, it was voted to grant per-
mission to the Sherator Motor Inn to extend the hours of operation
on New Year's -Eve to 1:00 a.m. in the dining room (Dunfey's Thvern),
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.
Upon motion duly made and seconded, it was voted to close the
Warrant for the Annual March Town Meeting on January 4, 1971 at
12:00 noon.
Mr. Greeley said that the Building Inspector was to report to
us on the status of the various permits at 1265 Massachusetts Ave-
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
of Street and Sidewalk Reconstruction, as amended at the meeting on
December 7, 1970. The Board agreed to accept the report, as amended,
including the deletion of Paragraph 5 under implementation.
31.5
Precinct
Registration
Federal
Government
Sheraton
Motor Inn
New Year's
Eve
Closing of
Warrant
March
Meeting
1265 Mass.
Avenue
Street
Committee
Report
,3 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 1:
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 engineering problems, includ-
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 111: FALL HEARING ON PRELIMINARY PLANS
In the Fall, there will be public
preliminary plans. No later than
the proposed Streets or sidewalks
staked out with orange markers in
trees recommended for removal.
PHASE IV: REV YS I ON OF LIST
hearings based on the completed
one week before the Fall Hearings
to be reconstructed will be
the ground and markers on those
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
1. 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.
3.18
Appointment
Chapter 90
Executive
Session
The Board discussed the vacancy on the Committee due to the
resignation of, Charles Abbott.
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
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 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
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:
Dov C . �6
Executive Clerk, Selectme
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 Acti-ng 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 Semline Incorporated and
Maran Printing Service, Inc., as there might have been same mis-
understandings on the specifications; we could reject the bids and
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.
319
Town Report
Bids
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 tt isa building line or a setback requirement.
320
Bridge St.
Sign
The Chairman'said that our main concern is sight distance con-
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
than is now being used at the top of Bridge Street near Marrett
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.
1
The Chairman read a report from the Traffic Committee regarding
the request of the Post Office that the sign reading "No Parking
Here to Corner" be moved to a more appropriate spot on Grant Street
closer to the corner of Massachusetts Avenue. The Committee recom-
mends against any reduction of "no parking" zone on Grant Street
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
together. The Committee believes that neither the condition of
Tewksbury Street nor the extra distance involved in walking from
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
Hill 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 Tight.
The Chairman said that the light has been approved but, in
Mr. McSweeney's opinion, it will be 90 days before construction.
What is the Board's feeling on the interim basis? It would cost
$350 to outfit a crossing guard.
Mr. O'Connell said he wouldn't want to spend $350 for 90
days. 1 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:
Anthony's Restaurant
Geoffroy's Pharmacy, Inc.
McManus Ice Cream
Hayden Recreation Center
27 Waltham Street
411 Waltham Street
399 Lowell Street
24 Lincoln Street
321
Post
Office
Request
Grant St.
Shirley
Street
Bus Stop
Winchester
Drive
Crossing
Common
Victualler
Licenses
322
Upon motion duly made and seconded, it was voted to approve
Minutes the minutes of the Selectmen's Meeting of December 7, 1970.
Rolfe Rd.
Sewer Order
ABC
MBTA
Upon motion duly made and seconded, it was voted to sign
the Order of Construction'of Sewer on Rolfe Road from Woburn
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 1, 1971.
Upon motion duly made and seconded, it was voted that Pack-
age Goods Stores are to remain closed on December 25, 1970 and
January 1, 1971.
Motels and Clubs may serve during the usual hours. on December
25, 1970 and January 1, 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 1:00 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:1s
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
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.
32
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 independent 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 wi11 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 mostof 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
requested this meeting to discuss the new Junior High School. The
School Committee has met with the Appropriations Committee and the
Capital Expenditures Committee has met with the Permanent Building
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
Joint
Meeting
Junior
High
X24
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 off2
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; fitst, 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
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, (1) we want to be sure the
School Committee is pursuing the right program. (2) to see other
options en 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 becauseit 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
possibility of 6-2-4 but we feel this is the right decision. We
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 as_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, l 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
325
Joint
Meeting
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, 1 don't know of anyone coming back.
Mr. Furash asked what contingency plan the School Committee
has prepared in case 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. Farwellsaid 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,
$II0,000.
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:theremaly.becsome.later date addi-
tional monies to improve the access.
327
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 en
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
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 net 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. 1 don't think we can do our job if there are
lingering problems.
The Chairman asked if anyone was ready to commit himself, any
Committee?
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 notlsup-
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 come 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 Scheol 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 Board
representative, Mrs. Leis 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
3 2
culverts a foot higher than came in on my property; the land was avail-
able and 1 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. 1 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. Pahker 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 1 was going to use if for.
The Chairman asked no plan for the grades?
Mr. Parkerreplied, no.
The Chairman asked the man's name he had talked with?
Mr. Parker couldn't think of the man's name. 1 have elevations
of it; these elevations have been changed as 1 talked it ever 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. 1 always considered this a man-made brook. Now 1 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. 1 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 declared 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
Executive
Session
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
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 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:
Executive Clerk, Selectmen
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
to sell all kinds of alcoholic beverages but the application has been
withdrawn because of the lack of sufficient information to present to
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
property owned by the Town of Burlington. He has written to thank
the Town of Burlington and also asked for an abatement of the 1969
tax bili.
Mr. O'Connell said that he has two requests for transfers from
the Reserve Fund. One is from the Police Department for $4,000,
which is needed for the remaining year's expenses on gas, cruiser
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.
33i
Liquor
Anthony's
Restaurant
Burlington
Tax Bill
Police
Transfer
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' Account No. 5500 in the amount of $46,490.
33'2
Common
Victualler
Minutes
Sewer
Orders
Upon motion duly made and seconded, it was voted to sign Common
Victualler Licenses for the following (approved by the Board of Health):
Alexander's Pizza
Minute Man Restaurant
Wardrobe Pharmacy•;
180 Bedford Street
1715 Mass. Avenue
807 Mass. Avenue
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's Meeting held on December 14, 1970.
Upon motion duly made and seconded,. it was voted to sign the
Order for Construction of Sewer on:
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 ncrt a high priority for the large expenditure of money.
Harrington The Chairman sai:d;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 nel- received an answer.
Mr. Mabee asked how would it be used fer the Library?
The Chairman said thatwe 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 en
the call for the meeting. Do you want me to get them to discuss
this and come back to the Board?
33 0
The Board agreed not to have an appraisal at this time but en 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: asid 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 1 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 Beard 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.,
able to Mr. Adams at the Selectmen's Office after they are approved.
334
Appointment
Historic
Districts
Route 128
Interchange
Sewers
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
office es a member of the Historic Districts Commission expires on
January 1, 19711
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
Roads has approved the concept we have asked for regarding an addi-
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.
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 Tess 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. 1 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;
we are:still carrying that job and we are holding the money because we
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
Marrett Road and one at Wood Street.
Sidewalk Construction, $45,000, basically, it is to finish up
Hill Street; Winchester Drive when the pedestrian light goes in.
Street Construction; we are asking for $25,000 for design sur-
vey, final plans and specifications of Spring Street; we are not look-
ing at it as Chapter 90; we are going to design Spring Street for
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
when you built it2
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
the last time it was done was in 1958 or 1960 and we want it updated.
In laying out our roads, we need a lot of information and we have
been getting it in bits and pieces. We hope this will pay for itself.
Road Machinery, $60,000; the usual replacement schedule.
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-
dation program, this would have to be done.
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 weuJd;haye to be re -done.
335
Storm
Drains
Side-
walks
Sewer Con-
struction
Water
Mains
Photogra-
metric
Survey
Rd. Mach.
Calgon
Vaults
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
Street
Lincoln Street area; $25,000. The Chairman said that we feel
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 wi11 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
Building
TOB
F.E. & F.
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.
Mr. O'Connell said that the utilization of space en the second
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.
Mr. Kenney said that we said if we needed it, we would come back
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 cane 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 tobuy 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 $3400?
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-
crease the number of voters and not later than September, 1972, the
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.
Voting
Machines
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.
338
Harrington
Land
Westview
Land - Harrington House: The Chairman said we don't knew what
the figure will be.
Westview Cemetery Expansion, $8,000. The Chairman said this
is transferred from the Trustees.
Mr. O'Connell informed the Capital Expenditures Committee that
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 $?50,000. 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.
The Chairman said we should talk about Worthen Road and how we
should go about it. The Board voted to lay out Worthen Road from
Marrett Road to Sherburne Road and use 1969, 1970 and 1971 money. In
order to do that, we have to buy the land. We will have two separate
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.
of e 9
Worthen
Road
Mr. Lund said that he had received a request regarding the
possibility of obtaining maps of the Town. The Planning Board 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 Vaille.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.
Upon motion duly made and seconded, it was voted to go into
Executive Session for the purpose of discussing, deliberating or vot-
ing 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 go out of Executive Session.
Upon motion duly made and seconded, it was voted to adjourn at
11:30 p.m.
A true record, Attest:
Executive Clerk, Selectmen
Executive
Session