HomeMy WebLinkAbout1976-12-20-BOS-min IISELECTMEN'S MEETING
December 20, 1976
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, December 20, 1976 at
7 30 p.m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin and Mrs
Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Mr
Martin, Acting Town Engineer; Mrs McCurdy, Executive Clerk, were present
Mr Perry updated the Board on the energy savings program Xenegy, Energy
Inc , of Lexington is interested in submitting a proposal and their rep- Savings
resentatives have already made an on-site analysis of the buildings Program
Mr Coscia, DPW Manager, Mr Sweet, Buildings Superintendent, and Mr
Maclnnes and Mr Casey of the School Department attended a meeting con-
ducted by the Department of Community Affairs regarding recommended
procedures to be followed in municipal buildings We have already re-
duced thermostats and the heat will be cut down earlier in the day, and
we have cut down on lighting
The Recreation Committee, Appropriation Committee, Capital Ex- Recreation
penditures Committee, and members of the Planning Board met with the Committee
Selectmen to discuss the Summary of the Master Plan for Recreation
and, also, Recreation Articles
Chairman Kassler expressed appreciation for the work involved in
the culmination of recreation plans for the Town It was his personal
feeling that the next big push in Lexington should be on recreation
Mrs Miley agreed and congratulated Lynn Hamilton on the excellent job
of coordinating the plan
Chairman Kassler asked for a motion to accept the plan as guide-
lines for the Town Mr Busa moved to accept the recommendations set
forth in the recreation plan, to be used as guidelines in the implementa-
tion of the plan Mrs Battin added that the plan be accepted in the
order of priorities and the timetable of implementation, and she seconded
the motion
Mr Bailey said that he had no objection to accepting the summary,
as presented but, before he endorsed the entire program, he wanted to see
a tabulation of dollar signs on the cost per project per year
Chairman Kassler said that, at this time, Recreation can only give
estimated costs, and final approval would be given by Town Meeting
The Board of Selectmen is only approving the concept and, as the plan
is developed, there could be changes and shifts in priorities
Mr Daniel Busa, Chairman of the Recreation Committee, said that
allquestions will be answered Asa group, theyhad tried to present
the best details and to go forward in the order of priorities He
praised Lynn Hamilton for her services and asked her to present the plan
Ms Hamilton discussed the summary and said that the plan cost the
Town $10,000 and represented one and one-half years of work; it will
II/
need annual support if it is to be implemented We sent out a question-
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Selectmen's Meeting December 20, 1976
naire to see if the Townspeople were interested in a program, and they
are We received a 56 percent overall response and we have a sample
of 15 percent of the households in Lexington The survey asked resi-
dents how much they would support and how much more per year; people
said between 50 and 54 cents more on the tax rate, and this translates
to an average number of $136,000 The plan proposes an operating bud-
get of $110,000 and capital expenditures of $125,000; total of
$235,000 a year This is what Recreation is thinking in terms of im-
plementation, with a five year plan of $1,175,000
Swimming Pool Mr Dhimos, Recreation Committee, discussed the swimming pool and
playfields He said that the swimming pool is enjoyed by a vast major-
ity of residents but the facilities are inadequate and cannot handle
the demand Having been told by the community that the swimming com-'
plex is the No 1 priority, Recreation is going to place it as the top
priority item at Town Meeting, and will pursue the building of the com-
plex, hopefully, at the existing site The Permanent Building Commit-
tee has the responsibility for interviewing architectural firms and the
feasibility study
Playfields Mr Dhimos pointed out that playfields are No 7 on their priority
list as the survey indicated that people didn't want additional ones
Recreation will have an Article as existing playfields need upgrading
Tennis Courts Mrs Judy Uhrig, Recreation Committee, discussed tennis courts
and said that 51 percent of households presently use the facilities
a minimum of six new courts are needed, and the master plan suggests
four additional courts at Diamond Junior High
Community Mrs Uhrig said that 47 percent of those surveyed favored a com-
Center munity center and the rest a teenage center The plan proposes to use
school building and mini-bus transportation Obviously we have no
building and, for the first year, allocation costs will not be con-
sidered Personally, we are going to need all the support and goodwill
we can get on the community center, and we will need competent and
enthusiastic staff support
Trails Mrs Alice Hinkle, Recreation Committee, said that trails are the
No 3 priority, according to the questionnaire There was strong
support of continued acquisition of Conservation land We want to let
people know where the land is and have them marked so they can safely
Bike Paths walk the trails Regarding bike paths, one-half of the total popula-
tion rides bikes and we should have two systems in the Town to link
the schools and open space 43 or 44 percent of the survey indicated
that they should be a stone dust or paved, but people write in that
no money should be spent if they are not paved Reimbursement funds
could be obtained only if they are paved
Dr Clarke, Chairman of the Planning Board, said that the Planning
Board was happy to participate and would point out that, basically,
this is an in-house report, with the exception of the consultant
Ms Hamilton and the Recreation Committee agreed to come back to
the Board with a breakdown of costs and priorities of the Recreation
5-year Capital Budget projects
Selectmen's Meeting December 20, 1976
Mr Bailey commented that the presentation was a good beginning,
and Recreation should agree pn how they want to go and the order in
which they should get there Unfortunately, this is only about 1 per-
cent of the fight as everyone is aware of the budget problems of the
last six months and Recreation has to present a united front for the
dollars
Upon motion duly made and seconded, it was unanimously voted to
accept the recommendations set forth in the recreation plan in the
order of priorities and timetable, to be used as guidelines in the
implementation of the plan
The Recreation Committee and the Planning Board retired from the
meeting
The Appropriation Committee and the Capital Expenditures Commit- Sewer Policy
tee were still in the meeting while the Board discussed the estab-
lishment of a policy for sewering the Town
Chairman Kassler said that it is appropriate to discuss it at
this time because we have budgets before us We are continually
having questions asked about sewering one or two houses in the area
and we should state exactly what our sewer policy is Engineering
has been working on an average, reasonable figure
Mr Martin explained that Engineering has listed all the un-
' sewered streets and each was given a priority category on a descend-
ing scale from A through D
Category A - Immediate or forseeable need for municipal sewer;
densely populated under present zoning; replace-
ment of septic tanks or leaching beds not feasible
under current regulations or soil condition;
Category B - No immediate need for sewer but should be included
in the program for 100% sewerage; streets contain
a mixture of buildings and vacant lots; expansion
or replacement of existing septic systems possible;
Category C - No immediate or forseeable need for municipal sewer;
streets contain mostly vacant land with dwellings
widely spaced; expansion or replacement of existing
septic systems may be more cost effective than in-
stallation of municipal sewer;
Category D - Major change in current Town policy would be re-
quired before sewer could be installed; economically
unjustifiable at this time
Mr Martin agreed to come back to the Board with a draft of a
policy to be followed concerning requests for sewer and water exten-
sions
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Selectmen's Meeting December 20, 1976
Sanitary Mr Frank Sandy, Chairman, and members of the Sanitary Landfill
Landfill Advisory Committee met with the Board, to present the first report of
Advisory the committee which was charged with reviewing current conditions at
Committee the sanitary landfill, the history of the relationship with the State
regarding landfill operations, and the studies of wetland and land-
fill operations undertaken over the past five years
Chairman Kessler congratulated the committee for submitting a
report which was unanimously endorsed by all concerned groups in
Town - Engineering, Planning Board, and citizen members of the
committee It is our sincere hope to begin implementation of the
recommendations presented, and Mr McSweeney agrees to start as soon
as he receives approval of the Board The following recommendations
were discussed for implementation under Phase I
1 Improve drainage from the dike parallel to Route 128 to Kiln Brook
in accordance with plans presented by the Town to the Conservation
Commission in October, 1976
Chairman Kassler commented that this has been taken care of
2 Develop and implement a water quality monitoring system basically
as proposed by the C E Maguire Study of 1973, but with modifica-
tions in the location of test sites
Mr Martin said that we are in the process now of soliciting pro-
posals just to provide expertise and advice as to what parameters
we should be monitoring Collection and testing of data will be
done in-house, in conjunction with the Board of Health, insofar
as it is possible, but some testing will be done in an outside
lab so that we may have certified results
3 Cover and grade the landfill as proposed by C E Maguire
Mr Martin said that the landfill was graded so that surface water
would run off, and that subsoil was dry We feel that we have
done a good job in keeping the water out of the landfill Also,
we will try to continue to improve our operation in this area
4 Install vents and/or burners for the dissipation of methane gas
Mr Martin explained that a vent is a piece of corrugated pipe
installed in a bed of crushed stone to allow (trapped) methane
gas to flow through the atmosphere We have vents at Lincoln
Street and, basically, they are catch basins sticking up through
the soil We have done spot tests and there is still quite a
bit of methane there, but vents will be installed through the
cover
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Selectmen's Meeting December 20, 1976
Chairman a rman Kassler asked if these would require an unusual expen-
diture of funds and would have to come to Town Meeting?
Mr Martin replied that all items under Phase I would not re-
quire additional expenditures It is the feeling that they can con-
tinue to operate on Phase I with a small amount of money, less than
$5,000 for ongoing monitoring, and to have simple tests, which might
not be what the state wants but would indicate to us what is happen-
ing to leachate and where it is going If we find a problem, we can
scale back In response to Mr Bailey's question if the money pro-
vided in the operating budget for the sanitary landfill is sufficient
to cover Phase I, Mr Martin replied that it is
Mr Sandy commented that the main reason why these improvements
are not going to cost money is that most of them were made over the
past years He pointed out that the problem for many years was
caused by the first layers of trash being placed in wet areas, and
that stopped when we moved up There is still going to be leachate
coming out but there is not much to eliminating that - and we can
By closing the landfill, it doesn't get rid of the problem created
many years ago
Mrs Miley recommended that the landfill regulations be changed
1 Contractors should not be allowed to remove a roof from
111 a house and bring it to the landfill (Most contractors
have to use a particular facility to deposit their material )
2 Regulations should be tightened on who uses the landfill and
how much is paid for a permit
Mr Bailey disagreed and said that contractors can only put in
that type of material that is generated in Lexington, and it would
only be imposing a burden on Lexington residents as contractors will
charge a higher fee to tote it away Mr Busa agreed
Mrs Miley stated that she didn't feel that all Lexington residents
must pay for a roof to be replaced as it should be up to the owner to
absorb it She felt that it is the responsibility of one person - and
that is the way it is done other places
Mr Martin explained that Mr McSweeney and Mr Empey are in the
process of evaluating the regulations, and recommendations will be
submitted shortly
Mr Perry agreed to request Mr McSweeney to give the information
to the Board as soon as the recommended amendments to the landfill
regulations are completed
Item #5 under Phase I Recommendations was discussed There should
be no further lateral expansion of the landfill into adjacent wetlands
Mr Busa said that we do have some land that some of us consider
not wetland
Chairman Kessler informed all that Conservation is the agency to
determine whether the land is wet, and that is something that Mr
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Selectmen's Meeting December 20, 1976
McSweeney felt that the Engineering Department could live with com-
fortably
Upon motion duly made and seconded, it was unanimously voted to
accept the report of the Sanitary Landfill Advisory Committee and to
implement the recommendations set forth in Steps 1 through 5 under
Phase I; with the understanding that Steps 6 and 7 under Phase II are
to be carried out at a later date
6 Withdraw Wetland Protection application No 201-16 If
necessary, file a new application not calling for lateral
expansion (which is no longer contemplated)
7 Notify the appropriate State agencies of the aggressive
actions being taken by the Town to improve the landfill
operation and its environmental impact, over the short
term, pending a long term solution to the solid waste
disposal problem This long term solution is being
vigorously pursued by a separate committee
SANITARY LANDFILL ADVISORY COMMITTEE
This is the first report of your special committee charged with
reviewing sanitary landfill operations Committee participants were
Sue Solomon of the Conservation Commission, William J Martin, Assis-
tant Town Engineer, Paul MacKenzie of the Planning Board and Frank
Sandy Three meetings have been held so far At one or more of them
we were joined by John J McSweeney, Director of Public Works/Engi-
neering, Mary Miley, Board of Selectmen, Warren Empey, Manager of
Operations, Kenneth G Briggs, Planning Director and Richard M. Perry,
Acting Town Manager, as well as Dick Rogers of the Design Advisory
Committee and Edward Boiteau of Sasaki Associates Mr Boiteau is
a former Chairman of the Board of Health in Bellingham.
During the course of these meetings, the committee has reviewed
the current conditions of the landfill, the history of the relation-
ship with the State regarding landfill operations and the studies of
wetland and landfill operations undertaken over the past five years
With this background and the advice received from the Design
Advisory Committee, we offer the following discussion of the current
situation and recommendations for improving it
The surface and ground water emanating from the landfill contri-
bute to the drinking water supplies of the Towns of Bedford and Burling-
ton The landfill should therefore be operated in a manner designed
to minimize the pollution of these waters
The polluted effluent of landfills is generally referred to as
leachate It consists of water that has passed through the solid
waste and carried off dissolved or suspended materials These include
partial decomposition products of the trash (which use up the oxygen
in water as they continue to decompose) , various metals, and other
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Selectmen's Meeting December 20, 1976
chemicals that may be found in the landfill Reduction of the flow
of water through the trash is the most generally used method to con-
trol leachate
Leachate flow from the landfill can be either downward into deep-
er levels of groundwater, laterally through the ground near the sur-
face until it eventually ins intercepted by Kiln Brook, or outward from
the side of the landfill, into the surface water and eventually also
into Kiln Brook
Studies of subsoil conditions made for the Town by C E Maguire,
Inc , indicate that the soil under the landfill includes a low perme-
ability layer of silt and clay In their opinion, this makes pollu-
tion of the deeper layers of ground water by the landfill unlikely
We have no reason to doubt this conclusion The primary area of our
concern therefore has been the pollution of surface and ground waters
flowing into Kiln Brook
The water flowing through the solid waste arises from three
sources 1) water in the trash when it was deposited and water from
the decomposition of the trash; 2) ground water flowing into the land-
fill site from upstream areas (including route 128 runoff) ; and 3)
rainfall landing on the landfill
The water from wet trash and decomposition is negligible and can
be absorbed by the Crier trash and surrounding soil
Presently accepted practices for landfill construction would not
allow groundwater to enter the trash Landfills are no longer allowed
in wetlands except in extreme conditions and then the land must first
be filled with clean fill so that the lowest levels of trash are four
feet above the normal annual high water level These practices were
not generally applied at the time the Hartwell Avenue landfill was
started and much trash is below the water table The trash which is
below the watertable is probably a major source of leachate generated
by the landfill It must be emphasied however that the Town has not
been depositing trash near or below the watertable for many years It
is the recommendation of this committee that the Town abandon plans
to expand the landfill laterally into adjacent wetlands However,
the trash that is already below the watertable will remain there until
it decomposes There is no practical way of removing it An immediate
closing of the landfill would not remove this trash nor prevent it
from generating further leachate
It is therefore the opinion of this committee that there is no
environmental reason to close the landfill at this time as long as
future operations of the landfill comply with existing regulations
Use of the present site with continued expansion upward should con-
tinue until the Town is participating in a functioning, economically
and technically sound regional waste disposal district based on re-
cycling and/or resource recovery Involvement of the Town with such
a district is the function of another committee recently appointed by
the Selectmen
Although the mass of polluted groundwater at the bottom of the
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Selectmen's Meeting December 20, 1976
trash cannot be eliminated, methods of reducing ground water flow un-
der the landfill should be employed whenever possible The most im-
portant of these being the construction of the drainage channel along
route 128 so that runoff from the highway can flow directly to Kiln
Brook At present it is impounded between the road and the landfill
Much of it soaks into the ground and flows under the landfill towards
the brook
The most important operational changes that the Town can make
to reduce leachate involves the water entering the trash layers from
rainfall Not only does the rainfall contribute to the water which
generates leachate, but it also flushes out the highly contaminated
groundwater discussed previously Whilewe can no longer prevent
the contamination of the ground water under the landfill due to the
trash already in it, every effort should be made to keep it within
the confines of the landfill
The regulations of the Dept of E Q.E (formerly D P H ) and the
Maguire report describe the generally accepted methods for keeping
rainfall from percolating through to the decomposing trash layers
These include covering the trash with an impermeable layer of clay
within 30 days of depositing trash This impermeable layer is in
addition to the daily sand cover and the final topsoil layer In
addition and of equal importance, this impermeable intermediate cover
layer must be graded to cause the water to run off it freely It
must also be steep enough so that pockets will not form even after
trash settles Maguire recommends a grade of at least 20 A Navy
Civil Engineering Laboratory report on landfills, which the Select-
men received from Julian Bussgang, recommends a grade of 30 to 40
If water pockets form, even a relatively impermeable clay will allow
water to penetrate into the trash layers The grading must also be
such that the water runs off the landfill and not into the currently
active dumping area or other poorly graded areas of the landfill
Getting nearly all of the rainfall off the landfill surface before
it penetrates into the trash layers is the primary goal After com-
pletion of the landfill, a final cover of topsoil that will support
vegetation is added This layer will absorb rainfall but the
impermeable layer below it will not allow percolation into the trash.
The water that the top soil cannot absorb will run off
Once the impervious layer is in place, provisions must be made
for venting the methane gas generated by the decomposition of the
trash. This must be done in a manner that does not provide inlets
for water to drain into
A program to monitor water quality near the landfill should be
undertaken An outline of such a program is given in the Maguire
report and details will be worked out by the Engineering Department
and reported on subsequently by this committee The program will
include measurements in the new channel from Kiln Brook to the land-
fill area, which probably contains the highest leachate concentration,
upstream of the landfill to obtain base pollution levels, and at various
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Selectmen's Meeting December 20, 1976
points downstream to determine the degree of natural cleansing and
dilution
Completion of the Route 128 drainage ditch, implementing of the
landfill operation procedures as detailed in the Maguire report, and
initiation of a testing program are necessary so that the Town can
properly defend itself in court, if necessary, against an attempt to
prematurely close the landfill It is also desirable, however, that
the State be made aware of these improvements in the landfill opera-
tion in order to forestall action against the Town based on prior
impressions that the State has Whether the State should be noti-
fied immediately of the Town's intentions, later after improvements
have been made and testing has begun or only when querried further
by the State remains to be determined Since this question is more
political than technical this Committee will not make a recommendation
on it
The proceedings under Hatch Act file No 201-16 (1974) to expand
the landfill laterally into adjacent wetlands has been taken over by
the State It has become the subject of much bitterness and recrimi-
nations, and now requires an Environmental Impact Report before fur-
ther action can be taken Since this committee recommends that the
Tbwn not proceed with plans to expand the landfill laterally there
is no need to prolong the acrimonious debate over this issue or to
incur the expense of an E I R. We therefore recommend that this ap-
plication be withdrawn If the Conservation Commission determines
that a Hatch Act proceeding is required to legitimize the filling
that has already taken place and/or subsequent further alteration of
the land adjacent to wetlands, a new application should be filed re-
questing permission for upward expansion in compliance with existing
State regulations for landfills. It is most unlikely that action by
the Commission on this application would be appealed to the State from
within the Town Even if the State did take it over on its own, there
is a reasonable chance that an E I R. would not be required for this
much more modest proposal Even if an E I R. were required, the pro-
ceedings could be undertaken with much less hostility than that which
accompanied the previous application The committee feels there is
nothing to lose and much to gain by withdrawing 201-16 and substituting
a new application Again the timing of this withdrawal and resub-
mission is a political question on which we make no recommendation
Mr Frank Sandy, Chairman, and members of the Sanitary Landfill Recycling
Committee; Mr James Reilly, Chairman, and members of the Regional Program
Refuse Advisory Committee, met with the Board to discuss the Hartwell
Avenue Landfill
Mrs Joyce Hals advised that, although we are recycling, the
Town should in some way consider doing a better job We looked into
ways of having curbside collection for just recyclables and found that
Bedford, Andover and Marblehead are leading up to 75 percent of their
recyclables It is important to keep the present landfill operation
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Selectmen's Meeting December 20, 1976
and if the Town had a resource recovery program, you would have to
have a contractor, and if you go over or under, you would have to pay
an extra fee
Chairman Kessler said that people now realize that we have to
do something whereas a few years ago they did't think that the land-
fill might be closed Mr Sandy was asked if he would accept the re-
sponsibility of working with Engineering, the Planning Board, and the
Selectmen to present a program on recycling
Mr Sandy agreed and hig committee will report back to the board
Mr Reilly, Chairman of the Regional Refuse Advisory Committee,
explained that he would like to show the direction in which the Town
is headed, and this would mean reserving space for two Articles He
introduced Mr Fred Gross of the Bureau of Solid Waste Disposal who
presented recommendations All member towns would be requested to
name an in-town site and, as Lexington is in the middle area, it is
important to pay close attention to what is happening You are on
a major highway, which is included in the criteria recommended by
the State for site selection Also, (1) transfer station; collection
station; 3-acre minimum (2) recovery plant; transportation require-
ments (3) residue disposal area There are land requirements,
utilities, and requirements for a geological environment impact The
present landfill has 67+ acres, with a potential expansion of 25
acres; it is next to Route 128 Of the 67 acres, 27 are high, 40 are
low and wet It is not close to any residences and the area is pres-
ently zoned CM. At Routes 2 and 128, there is a drainage problem.
Many acres are all wet and marshy We came up with the present dump
as being viable for the study for a transfer station and recycling
site The question of access has to be considered as Bedford Street
would be even more heavily loaded with traffic, and this brings up
the Hartwell Connector
There is plenty of room for a transfer station but there are
problems that the State might see for using the landfill as a trans-
fer station The principal engineer with Environmental Management
is working with 128 Resources Council, which has volunteered to come
up with a resource recovery set-up and access, with complete assis-
tance for funding by State agencies, to seek and select nominations
for a transfer station and a residue disposal site
It is important that Lexington host a meeting on using the
current Lexington dump and the State is available for presentation
There are also certain problems as the State would take the site by
eminent domain at a fair market price We would have a $10 million
bond issue The Bureau can do that and provide access to the site,
and provide rehabilitation of an old landfill Before the State takes
it, it would be the State's responsibility to have a hydrological
analysis - and that could be done We would like to get a commit-
ment from the Town body as to whether or not they would like to
designate a site '
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Selectmen's Meeting December 20, 1976
Mr Reilly said that it is his understanding that the Selectmen
must make a response to the State that at least it is considering the
site, and make a reservation for a Warrant Article
Mr Gross explained that present legislation allows the Bureau
to take a site for a regional landfill but, because there have been
local opposition and ramifications which make it impossible to do so,
the agency wants a commitment of the governing body before any action
is granted
Chairman Kessler said that the Board would be hesitant to actually
propose a site until we turned to our committee and asked them to come
back to us with a site proposal, with the understanding that it would
be a proposal to be looked into in detail
Mr Gross agreed that this would be reasonable
Mrs Miley said that part of our problem is that this has been
going on for a couple of years and the 128 West Council has been asking
to propose a site Mr Gross is saying that it would give us all sorts
of advantages, which does not mean that in the end or beginning that
we are giving up the sanitary landfill
Mr Gross added that the State would like to select a site within
a few months The original date was set for January 1, 1976 but a
realistic deadline has not yet been determined as there have been
problems
Mr Busa said that he was on the original committee when people
were told of a certain date and a deadline He would not want to com-
mit Lexington to an investigation until we know exactly what we are
committing Lexington to They are just waiting for someone to volun-
teer, and then they will disregard Weston and Haverhill
Mr Gross replied that he was not saying that the Lexington site
would be chosen
Mr Bailey stated that if the landfill is to be recommended, then
the connector would have to be an integral part
Mr Gross agreed and said that the Bureau would work with the
State DPW on access and feasibility of interchanges
Upon motion duly made and seconded, it was voted to charge the
Selectmen's Regional Refuse Advisory Committee to come back to the
Board within one month with a recommendation on the possibility of
submitting a nomination to the Bureau of Solid Waste Disposal of the
Hartwell Avenue sanitary landfill being selected as a resource re-
covery facility to serve the communities currently participating in
the 128 West Recovery Council
The Board agreed to reserve space in the Warrant for two Arti- Articles-
des, one on Curbside pick-up and one for designating the sanitary Recyclables-
landfill as a possible regional resource recovery site Resource
Mr Fred Gross, The Sanitary Landfill Committee, and the Recovery Site
Regional Refuse Advisory Committee retired from the meeting
Mr Stanley Brown, Chairman of the Lexington Commission on LCSR -
' Suburban Responsibility, met with the Board Subcommittee
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Selectmen's Meeting December 20, 1976
fil
Mr Brown said that LCSR members had been appointed on July 1,
1975 and terms had expired on June 30, 1976 In the meantime,
LCSR had submitted an amendment to the Board on the original charge
by suggesting broadening representation, clarifying attendance re-
quirements, and broadening the scope of the committee In 1976, a
subcommittee was formed to conduct a study of people with special
needs and the report concluded that one of the functions should be
to coordinate the various human services that are available; to have
a telephone information service to provide information and answer
questions of citizens seeking help in human service areas; to estab-
lish an Inter-Agency Human Service Council It then became evident
that these would require personnel above and beyond what we have
We are volunteers and it is difficult for volunteers to devote the
time to making it work, and we would advocate the acquisition of a
CETA worker
Mrs Davison, LCSR Subcommittee Chairman, informed the Board
that in order to produce what should be done, it can't be done by a
volunteer Human services within the Town are too diverse and to
monitor and evaluate them is something that should be done by a
professional It is strongly recommended that, as a first step, to
use a CETA slot to inventory the human service agencies within our
Town It is quite obvious that if a CETA worker is hired, we would
have a first step of a Director Arlington did this under CETA
Mr Hilton of the Library is excited about it and has called me many
times on the possibility of an information service They are open
seven days a week but they can't start without a Director Mr
Hilton did not want to commit himself as his personnel situation is
tight It takes a lot of work to pull it together and if we get a
CETA worker to identify agencies, then the second step could be taken
next year The Police Department is quite anxious as they get calls
for information on the elderly, housing, hospitals, etc An Inter-
Agency Council could be established informally or made an official
part of Town government This would need a warrant article
Mrs Battin said that she too had checked with Mr Hilton on the
feasibility of an information service at the library He felt it a
natural library function and he seconded the need for a Director
Cambridge has one and it would be available for mass distribution
For referral, he would need additional staff as it would generate
more telephone calls As far as thinking of a Director of Human
Services, the Town Manager could look at the half-time person that
the Council on Aging wants
Dr Kessler wondered why, by using volunteers, they couldn't
gather information and bring it to the Library Mr Bailey has
pointed out that the Appropriation Committee has made it clear
that any requests for more people would be looked at very hard We
want to be sure that when we ask for more staff, we know what that
person will be doing
Mrs Davison said that they are going to have to use other sources
Selectmen's Meeting December 20, 1976
funding of and ng such as CETA A CETA slot in this area would not, in essence,
be a new person for the Town
Mr Bailey stated that, over the past three weeks, the Board has
had a presentation from the Youth Advisory Commission, and earlier to-
night one from Recreation in the hope that a Community Center could be
established To get it all together, as Mrs Battin requested, it
should be referred to the Town Manager All problems may not be solved
but the Town Manager could get it going by doing something constructive
by Town Meeting time so that we aren't going to lose a whole year
Mrs Battin agreed
Upon motion duly made and seconded, it was unanimously voted to
refer the subject of human services to the Town Manager, with the
strong recommendation of priority
Mr Brown recommended that LCSR be continued and said that he is
looking forward to working with the Town Manager for a more efficient
management of committees, with no overlapping of charges He also ex-
pressed concern that minority groups not be overlooked and LCSR had
recommended inclusion in their membership
Chairman Kessler stated that he would recommend to the Board that
the Community Relations Committee is ideally suited to look into the
problems of minorities in Lexington, if such exist, and to have an
open discussion in the community
LCSR and Subcommittee members retired from the meeting
Mr John Carroll and his Attorney, Edward M Ginsberg, met with Carroll
the Board to discuss the application for a Class 3 license to be Class 3
renewed for 1977
Mrs Miley recommended that, because there have been misunder-
standings and for clarification, Mr Carroll's license could be granted
with the provision that all stipulations on the Board of Appeals' per-
mit of May 13, 1976 be adhered to
Mr James Buckley was present and submitted a petition from the
homeowners in the neighborhood objecting to the renewal of the license
They request that the Registry of Motor Vehicles make monthly inspec-
tions of the premises regarding motor vehicle disposal and the crush-
ing operation Also, there are noise and pollution standards that must
be strictly adhered to Regarding safety procedures, has a fence been
erected? The current advertisement in the Minuteman newspaper is a
clear indication of just one of the many violations which have occurred
and are continuing
Dr. Kassler explained that members of the Board are not an in-
spection team and we feel that our Inspectors are very competent We
have received written reports that individual inspections have been
made at different times of day, and no violations were found On that
basis, we cannot find that flagrant violations have occurred as we
have had no proof from the Inspectors Complaints from the neighbors
per se are not proof Therefore, we are bound to act
Attorney Ginsberg stated that the Registry of Motor Vehicles
makes inspections of the premises twice a month
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Selectmen's Meeting December 20, 1976
111
Regarding gard ng the newspaper advertisement, Dr Kassler said that
it was vague enough regarding retail sales that the Board and Town
Counsel concluded that judgment could not be made that John Carroll
was running a retail sales office, and inspections showed no viola-
tions Therefore this is not legal proof that he is violating the
Board of Appeals' permit
Mrs Miley said that it is her understanding that parts can
be sold wholesale but it is retail sales that she didn't understand
Chairman Kassler replied that this is what he finds the most
difficult to deal with and that is why the inspection department was
asked to pay particular attention to that issue Regarding the
question on the fence, it is his understanding that the fence is up
Mr Carroll replied that the only part that is missing is the
section closer to his house
Mrs Miley commented that a good part of the problem is be-
cause real estate agents tell persons that conditions regarding ad-
joining property will change, and this is not the only section in
Town that this has happened
Mr Buckley asked if the license is granted, would the Board
enforce it?
Dr Kassler assured him that all conditions of the Board of
Appeals' permit will be strictly enforced, and if there is proof of
violation, action will be taken
Upon motion duly made and seconded, it was unanimously voted
to grant to John P Carroll Co , Inc 31 Allen Street, a Class III
license under G L Chapter 140, s 58, subject to compliance with
the conditions set forth in the Board of Appeals' permit dated
May 13, 1976
Steeves' Chairman Kassler read a request from Town Counsel to sign the
Land - Order of Taking for conservation purposes the land owned by the
Marrett Rd Lexington Associates, Inc ; also, the Order of Taking of another
parcel for school, playground, recreation, sewer and drain purposes
Upon motion duly made and seconded, it was voted to sign the
Order of Taking by eminent domain for conservation purposes the land
owned by Lexington Associates, Inc located off Marrett Road, with
an award of damages to Isabella and Walter E Steeves and Katherine
A and Burton F Faulkner in the amount of $68,900
Upon motion duly made and seconded, it was voted to sign the
Order of Taking by eminent domain for school, playground, recreation,
sewer and drain purposes the land owned by Lexington Associates, Inc
located off Marrett Road, with an award of damages to Isabella and
Walter E Steeves and Katherine A And Burton F Faulkner in the
amount of $7,100
1977 Chairman Kassler read applications for renewal of Class I li-
Class I censes
Licenses Upon motion duly made and seconded, it was voted to sign the
297
Selectmen's Meeting December 20, 1976
1977 renewal of Class I licenses for Colonial Garage, Inc d/b/a
Huribert Buick-Opel; Rowe Chevrolet, Inc , Lexington Toyota, Inc ;
Lawless Mawhinney Motors, Inc
A renewal of a Lodging House license was discussed and Chairman Wild Acre
Kassler informed the Board that the Board of Health reports that Dr Lodging
Yudowitz has made arrangements for the septic system to be pumped House License
out at Wild Acre Inn
Upon motion duly made and seconded, it was voted to sign the
1977 renewal of the Wild Acre Inn Lodging House license, subject to
monthly reports from the Board of Health indicating that all steps
are being taken to provide adequate sewer facilities for the property
Chairman Kassler read an application from Lexington Golf Club Lex Golf
for renewal of the Common Victualler license Club - Common
Upon motion duly made and seconded, it was voted to sign the Victualler
1977 renewal of the Common Victualler license for the Lexington Golf
Club, hours of operation are 9 00 a.m to 6 00 p.m seven days a week
Upon motion duly made and seconded, it was voted to approve the Club-New Yr's
request of the Lexington Golf Club for an extension of hours of Eve
operation under the Club liquor license to 1 00 a m. on New Year's Eve
Chairman Kassler requested the Board to sign the abatement form Sewer
for Lot 70, Summer Street Betterment
Upon motion duly made and seconded, it was voted to sign the Abatement
abatement form for the sewer betterment assessed against Lot 70, Lot 70
Summer Street, owned by Paul F and Elaine M. O'Brien, 33 Haskell Summer St
Street, Lexington, in the amount of $190 45
The Board discussed the bids submitted for printing the 1977 1977 Town
Annual Town Meeting Warrant Spaulding Company, Inc , 36 pages- Meeting
$1,748 50; 32 pages-$1,550 00 Maran Print Service, Inc , 36 Warrant Bids
pages-$2,454 00; 32 pages-$2,008 00 Lexington Press, Inc , 36
pages-$1,836 00; 32 pages-$1,536 00
Upon motion duly made and seconded, it was voted to award the
contract for printing the 1977 Annual Town Meeting Warrant to the
Lexington Press, Inc for 10,000 copies, as follows 36 pages at
$51 00 per page, total of $1,836 00; 32 pages at $48 00 per page,
total of $1,536
Chairman Kessler discussed the problem with dogs in Lexington Dogs
and informed the Board that, presently, there are no standards es-
tablished for a kennel license A policy should be set on how a
house with multiple animals should be run
The Board agreed to request the Town Manager and Director of
Public Health to submit recommendations on establishing a policy
associated with kennel licenses
I �
9S
Selectmen's Meeting December 20, 1976
Battle Chairman Kassler read a recommendation from Mr John McSweeney,
Green DireciDr of Public Works, regarding the new flagpole to be installed
Flagpole on the Battle Green A federal grant has been received in the amount
of $6,500 for use in paying for the new flagpole, subject to the
stipulation that this money is to be expended before January 1, 1977
Since the new flagpole will not be received until January 14, 1977,
if we are to comply with the provisions of the grant, we must pre-
pay the difference between what we have already paid to B A Larson
& Company and the amount of the grant We have discussed this matter
with Mr Perry, Acting Town Manager, and Mr Larson and it is
recommended that Mr Larson submit a bill for $4,875 00 and the
Town would issue a check for this amount, to be held in escrow by
the Town Treasurer until the work is actually completed
Upon motion duly made and seconded, it was voted to approve the
recommendation of Mr McSweeney that a check in the amount of $4,875 00
be issued to B A. Larson for the new Battle Green flagpole, and this
check is to be given by the Comptroller to the Town Treasurer to be
held in escrow until the project is completed
Executive Upon motion duly made and seconded, it was voted to go into
Session Executive Session for the purpose of discussing strategy with respect
to personnel classifications, with the intention of not resuming the
open meeting
Upon motion duly made and seconded, it was voted to adjourn at
11 30 p m
A true record, Attest
)14
Executive Clerk, Selectmen
111