HomeMy WebLinkAbout1974-12-09-BOS-min SELECTMEN'S MEETING
December 9, 1974
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, December 9, 1974,
at 7 30 p.m. Chairman Kenney, Messrs Bailey, Busa, Brown and Mrs
Battin Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mrs
McCurdy, Executive Clerk, were present
Mr. Kenneth Briggs, Planning Director, introduced Mr William Planning
Loudon to the Board as the new Planning Intern Intern
Board members welcomed Mr. Loudon and wished him success as a new
employes of the Town
Mr O'Connell advised the Board that the new section of guard Burlington
rail on Lowell Street, at the Burlington Arcade, will be ready for in- Arcade -
stallation within the week As authorized by the Board, a contract Guard Rail
was awarded for $2,800 to provide for that section of guard rail
Emergently measures had to be taken because the developer had created
a safety hazard in the area We believe that this will soon be under
control.
Mr. O'Connell discussed the People's Bicentennial Commission
Mr Randy Barber had talked to me concerning their planned activities
on April 19 I asked him to write to me and give complete identifi-
cation of the organization and to list the activities In the letter, People's
he did not give identification but indicated a desire to participate Bicenten-
in the parade and to have a booth for literature; also, to provide a nial
number of roving theatre groups performing on street corners, and Commission
suggesting that the Town provide public properties for a staging area
for their activities, and requesting the use of Hastings Park for an
exhibition He asked if any approval was necessary for a parade from
Concord to Lexington, ending in Hastings Park After hearing from Mr
Barber, I asked him first to provide identification but that the
matters of parade participation and roving theatre groups would come
under the program responsibility of the Bicentennial Committee, and to
apply through the Director and the matter would be handled from there
With respect to a booth, I advised him that we were going to keep all
groups out of the area On the request for the use of public property,
I described the problems in connection with the many demands but that
we would sit with him to discuss what their problems and needs are
On the parade, I told him of problems in connection with preparation
for our major parade A meeting is scheduled tomorrow with Mr Barber,
Chief Corr, Mr Tarlin and me and, after that, we will have specific
details.
firman Kenney What is Mr. Barbers' connection with the People's
III Bicente ial?
148
Selectmen's Meeting December 9, 1974
Mr O'Connell It is my impression that he is acting as their
area representative, as a paid employee handling the plans and pro-
grams for propaganda during the bicentennial period
Chairman Kenney I agree with the approach you are taking, and
the fact that you are meeting with him to give the Town's posture but
would tend to let this group know that if their requests are reasonable
and within the scope and we can accommodate them, fine However, they
must realize they must operate with the rules and regulations, and have
a proper, peaceful demonstration
Mr. O'Connell agreed to pursue the matter along those lines
Chairman Kenney read a request from the Town Clerk regarding pre-
Precinct cinct registrations
Registra- Upon motion duly made and seconded, it was voted to eliminate
tions precinct registrations prior to the 1975 Annual Town Election and all
voter registrations are to be held in the Town Clerk's Office.
Cert. of Upon motion duly made and seconded, it was voted to certify the
Incorp character of Jacqueline B Davison and Manfred P Friedman, who have
applied for Certificate of Incorporation, "Friends of Walden Pond, Inc "
Chairman Kenney read a memo from Police Chief Corr stating, "As
Police you know, the Town Manager, Town Counsel and I have discussed at length
Civil the problems we have had with the Division of Civil Service regarding
Service the calibre of men on the police list, and our inability to fill our
vacancies with what we consider desirable candidates As a result, we
feel that an Article should be placed in this year's warrant asking
Town Meeting's permission to petition the General Court for legisla-
tion to remove the Lexington Police Department from Civil Service,
while at the same time granting a tenure system similar to what the
policemen presently have "
Chairman Kenney Are there any other municipalities that have
taken this approach?
Mr Cohen Yes, a few
Chairman Kenney to Mr O'Connell What is your recommendation?
Mr O'Connell My recommendation is that a space be reserved for
an Article in the Warrant of the 1975 Annual Town Meeting to cover this
Upon motion duly made and seconded, it was voted to reserve space
in the Warrant of the 1975 Annual Town Meeting for an Article to peti-
tion the General Court for legislation to remove the Lexington Police
Department from Civil Service
Chairman Kenney read a letter from Mr Manfred Friedman request-
Hanscom ing that the Board of Selectmen take a position similar to that of the
Field Lincoln Board of Selectmen against keeping Hanscom Field open at night
Friedman Lincoln has let Massport know of this position, with a request that
Hanscom Field be closed to all but emergency traffic from sundown to
sunup A public statement by the Lexington Selectmen in support of
X49
Selectmen's Meeting December 9, 1974
night-time flight restriction would help ensure Hanscom Field retain
its current status for use only by small airplanes; serve notice of
Lexington interests for the people who will be preparing a Hanscom
Field Master Plan.
Chairman Kenney This is of such importance that I have asked Mr
Brown a_zd,Mr O'Connell to get information on it
Mri. Brown I was surprised at this letter because the Lincoln
Board of Selectmen had written to the Hanscom Task Force that its offi-
cial position was that operations should be of a character that mini-
mizes night and weekend noise offensive to the surrounding communities
I called the Lincoln Board of Selectmen and they said they requested
Massport for a curfew "if no substantial injury to the operation of the
airport, results and, perhaps, not to have frivolous flights at night;"
that means, flights that take off at the airport, go nowhere, and come
down It is their feeling that the statement Mr Friedman suggests,
"to help ensure Hanscom Field to retain its current status for use only
by small airplanes," would have the opposite effect with a sundown to
sunup curfew This would mean closing the airport at 4 00 o'clock in
the afternoon at this time of year, and the people who use it are busi-
ness mets and those coming home for supper with their families, and this
would be between 6 30 and 8 00 p m. No airplane comes in after 10 00
p m. , the tower closes up and the runway lights are turned off at
11 00 p.m. Emergencies are handled with control being operated from
Logan Airport.
Asking for a statement from the Board that this will "serve notice
of Lexington interests for the people who will be preparing a Hanscom
Field Master Plan," is not in accordance with the facts As you know,
I am Chairman of the Hanscom Task Force and we are developing a plan
right nbw Conservation Commission, Planning Board, and the Town Engi-
neer have fed information into this master plan and, obviously, Lexing-
ton is interested. We should send an answer to Mr Friedman that
Lexington should do nothing about it at the present time
Mr' O'Connell I discussed it on the telephone with Mr Hidinger,
Massport Manager at Hanscom, and he confirmed what Mr Brown has said.
He indicated verbally that, basically, he had been in contact with
several. of the larger industries of the area for a statement from them
on how it would impact their businesses Three of them had said that
curtailing night operation would be serious as they felt that Lexing-
ton has, businesses which would be using Hanscom Field
The Board agreed not to issue a policy statement on a curfew on
night flying at Hanscom Field, and to so inform Mr. Friedman by letter
outlining the above mentioned reasons
Chairman Kenney read a request from the Elks Club for an exten- Elks Club
sion ofl hours on New Year's Eve. New Year's
Upon motion duly made and seconded, it was voted to grant permis- Eve
sion to the Elks Club for an extension of hours under the Club liquor
license' to 2 00 a m. on New Year's Eve
1. 50
Selectmen's Meeting December 9, 1974
Chairman Kenney read a request from the Knights of Columbus for an
K of C extension of hours on May 10, 1975 to 1 00 a m. Their hail has been
Extension reserved for a non-profit charitable organization after a concert at the
of Hours High School
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Knights of Columbus for an extension of hours under the
Club liquor license to 1 00 a m. on May 10, 1975
Mrs Elizabeth Reinhardt, Mrs. Ruth Morey, Mr Larry Whipple,
Mr Dan Fenn, Mrs Georgia Williams, and Mr Roland Greeley met with
Request for the Board to request an Article in the Warrant for the establishment
Establishment of an Historical Commission of the Town of Lexington under the provi-
of Historical sions of G.L. Chapter 40, section 8D
Commission Mrs Reinhardt. We would like to establish an Historical Com-
mission so that we can become part of the state planning program.
The advantages are two-fold and, once admitted to the national regis-
ter status, we would be eligible for state and federal funded projects
Mr Bailey Why do we need another historical group?
Mrs Reinhardt The advantage is that we could have private funds
Chairman Kenney We would assume that the Historical Society
would continue as they have in the past and they would be custodians
of property such as Buckman Tavern?
Mrs Reinhardt The Historical Commission does not want property
A budget of $500 a year would be adequate for us
Mr Busa Since you wouldn't abolish the Historical Society, I
assume they would work together?
Mrs Reinhardt. Yes
Mr Busa I disagree with you in being able to obtain federal
funds; who is going to be leading the commission? Who will make deter-
minations and decisions on what is best for historic places?
Mrs Reinhardt Historic Districts would continue to answer and
the Lexington Historical Society would work with them. It would be
determined by the immediate situation of any given case I have been
to the Historic Districts Commission and they are very supportive, in-
cluding Chairman Jaquith
Mr O'Connell I would comment on the matter of appointment. I
believe it is the intent of the law, as applying to Lexington, that
appointment would be by the Manager with approval of the Selectmen.
My question is, "Do you know of anything that the Historical Commission
intends to do that the Historical Society either is unable or unwilling
or unauthorized to do?
Mrs Reinhardt Our intention is that, primarily, our responsi-
bilities would be as a legally established commission
Mr O'Connell Then there is benefit to the Town if we have a
legally constituted commission but the appointments should be from one
and the same thing (Historical Society) but to be two different entities,
the responsibility rests substantially with the same group of people
151
Selectmen's Meeting December 9, 1974
Mr Greeley If the Historical Commission identifies a property,
it can act on its own but if it sees the need for an additional his-
toric district, it would have to act through Town Meeting
Chairman Kenney We agree to endorse your request to insert an
Article in the Warrant for the 1975 Annual Town Meeting and it will be
submitted as a Selectmen's Article rather than a Citizens' Article We
would request that a member of your organization be prepared to carry
the Article at Town Meeting
The members agreed and retired from the meeting
Chairman Kenney informed the Board that applications have been re- Renewal
ceived for renewal of Package Stores licenses $1,500 fee has been re- Package
ceived from each. Stores
Upon motion duly made and seconded, it was voted to renew the
Package Goods licenses for the following
Berman'$ Market Inc 55 Mass Ave Joseph Trani 1775 Mass Ave
Busa Bros Liquors, Inc 131 Mass Ave Vinebrook Corp 1700 Mass Ave
Mr. Busa abstained from voting
Chairman Kenney informed the Board that applications have been re- Class 1
ceived for renewal of Class 1 licenses; also, Class 3 license $25 00 Class 3
fee for each Renewals
Upon motion duly made and seconded, it was voted to renew the Class
1 licenses for the following
Class 1 Class 3
Auto Engineering, Inc 436 Marrett Rd. John P Carroll Co , Inc
Colonial Garage, Inc 1668 Mass Ave 31 Allen Street
Rowe Chevrolet, Inc 33 Bedford St.
The Board discussed the Village Circle island and it was agreed Village
to arrange a meeting with the residents of the area Circle
Upon motion duly made and seconded, it was voted to cancel the
meeting scheduled on Monday, December 23, 1974
Upon motion duly made and seconded, it was voted to go into Execu- Executive
tive Session for the purpose of discussing, deliberating or voting on Session
matters which, if made public, might adversely affect the public security,
the financial interests of the town, or the reputation of 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
152
Selectmen's Meeting December 9, 1974
II/
Mr Alden Webster met with the Board to discuss his property located
Alden Webster at 113 North Street.
113 North St Chairman Kenney As I understand it, you own the house at 113 North
Street and you intend to enlarge it; as a consequence, you would lose one-
half of your driveway
Mr Webster Yes The area is quite small there and it would be
awkward to extend the house there
Chairman Kenney Your question is if you could acquire a piece of
town-owned land on the other side If it were tax title, it would be
relatively easy, but it was acquired by the Town for playground or recrea-
tional purposes Under Article 13, 1957 Special Town Meeting, the Town
bought 10 9 acres As a bulk, this land is for wetland and conservation
purposes and we would never consider selling it The Town does have a
50 ft. easement on Vine Brook The Town property line is 8 or 9 feet from
the house Is the piece you are asking for high and dry?
Mr Webster Yes; it is presently yard area
Mr O'Connell I have a suggestion after hearing of Mr Webster's
problem as to whether the Town could give him a right-of-way or an ease-
ment for passage on Town land. It would still protect the Town's desire
to keep the fee
Mr Bailey An easement or right-of-way means a Town Meeting vote
We should go back to the point of whether it would ever be used for the
purposes for which the Town acquired it
Mr Busa We could save a space for an Article to be put in the
Warrant
Chairman Kenney I think we should ask Mr. Webster to approach the
Planning Board All we want is an indication from them on how they feel
about it.
The Board agreed to write to the Planning Board and request that they
arrange a meeting with Mr. Webster to discuss the matter
Mr Webster retired from the meeting
Upon motion duly made and seconded, it was voted to go into Executive
Executive Session for the purpose of discussing, deliberating or voting on matters
Session which, if made public, might adversely affect the public security,, the
financial interests of the Town, or the reputation of a person
After discussion of matters concerning members of Town Boards, it
was voted to go out of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at 9 35 p.m.
A true record, Attest
Executive Clerk, Selectmen
111