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HomeMy WebLinkAbout1974-06-17-BOS-min 1} 69 SELECTMEN'S MEETING June 17, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, June 17, 1974, at 7 30 p m. Chairman Kenney, Messrs Bailey, Busa, Brown, Mrs Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present 1 Hearing was declared open upon application of the Rowe Realty Trust to install one 10,000 gallon underground tank for the storage of gasoline on the premises at 41 Bedford Street, Lexington Gasoline A notice of the hearing was inserted in the June 6, 1974 issue of Rowe Realty the Lexington Minute-man, and sent by certified mail by the applicant Trust to the abutters, as listed on the records of the Assessors Application was approved by Fire Chief Walter Spellman after he had inspected the premises and reported that the plans have met all re- quirements of the State and NFP A for this type of installation Chairman Kenney read the letter of application from Attorney Frederick Conroy stating that Rowe Chevrolet, Inc and Rowe Leasing, Inc have approximately 50 vehicles registered for everyday driving use In addition to providing fuel for these vehicles, the company provides fuel for new and used vehicles sold and also in the repair of many damaged vehicles During the recent shortage of gasoline the company business was hampered and on occasion had to go to Cambridge to obtain the neces- sary gasoline Attorney Conroy The tank will be located at the rear of the older garage property The complex consists of three buildings and this would be at the building at the left Chairman Kenney If a client came in for repairs and asked for gasoline, would you supply it? Attorney Conroy No, but we would if he were out of gas It is not for sale to the general public There are daily rentals with full tanks of gas Chairman Kenney I understand that in the past you would use the gas station you used to own Attorney Conroy Yes They gave it up five years ago and there is no connection between the two operations now No one appearing in favor or in opposition, Chairman Kenney declared the hearing closed Mr Bailey Is there any reason to encase the tank in plastic? Mr. Busa No Mr Brown This is fairly high land; it is high and dry Attorney Conroy It is not near a brook Upon motion duly made and seconded, it was voted to grant permission to Rowe Realty Trust for the installation of a 10,000 gallon underground gasoline tank on the premises at 41 Bedford Street, Lexington 570 Selectmen's Meeting June 17, 1974 Mr O'Connell discussed the request of the Lions Club for a permit to conduct the July 4th carnival We have drawn up a set of conditions as a result of a meeting with the Lions Club With minimum changes, July 4 these are comparable with those of last year's carnival, which was suc- Carnival cessful without fireworks Lions Club Chairman Kenney Due to the tragic accident in Charlestown recent- ' ly, our Building Inspector should look it over Mr O'Connell Inspections are a matter of the State Department of Public Safety There is supposed to be a certificate, similar to an elevator permit We will have this checked out Chairman Kenney Whoever is responsible, we would all feel better if some one in our Town checks the certification so we will know that the equipment is in good condition Mr O'Connell We will look into it, and will also check out the insurance Upon motion duly made and seconded, it was voted to grant permis- sion to the Lions Club to conduct a carnival in the Town of Lexington for three days, July 2, 3, 4, 1974, subject to the following list of conditions outlined by the Town Manager "CONDITIONS APPLICABLE TO LIONS CLUB PERMIT Duration and Daily Hours Carnival will be limited to 3 days, i e Tuesday, July 2 from 6 00 P M to midnight Wednesday, July 3 from 6 00 P M to midnight Thursday, July 4 from 10 00 A M to midnight Set up and Dismantling Time Schedule Equipment trailers or similar facilities of the Carnival operator, his employees or concession operators, cannot use the site before noon, Sunday June 30 Set up operations may be conducted 9 00 A M. to 9 00 P M. Monday, July 1 All items must be removed from the site and the area cleaned by 7 00 P M Friday, July 5 Public Events Fireworks displays are to be omitted completely Should the Lions Club elect to include a band concert, it should be concluded not later than 10 00 P M , additional approval is not required Layout A layout of the area to be used for rides, sales tents and other amusement facilities shall be furnished by Mr Flynn (carnival operator) 571 Selectmen's Meeting June 17, 1974 to Paul Mazerall by June 15 for the review and approval by D P W and the Police Department This layout shall show all entrances and exits The maximum number of amusement and sale units to be permitted will be established from the layout The layout shall be accompanied by a list of the mobile homes, trailers, or similar units for housing or service support which will be on the grounds or nearby town or school department property during the period of the permit The location of these units, including empty trailers, must be shown along with indications of water supply, toilet facilities, and electric power The arrangements for these mobile eme g tem- porary living units must be approved by the Health Department in advance Caution Any such units which do not meet Lexington requirements or are in unacceptable, unauthorized locations will have to be removed from the Town promptly upon notification The sponsors (Lions Club) will be required to provide for collec- tion and removal and disposal of all garbage and rubbish The plans for handling this must be submitted to and approved by the Board of Health The entire area must be thoroughly cleaned up after the carnival Simi- ' larly, the plans for provision of toilet and handwashing facilities must be submitted to the Board of Health for approval Security and Use of Area A night watchman must be supplied at no cost to the Town from the hours of 11 00 P M. to 8 00 A M from July 1 through July 4 This man will provide key access to public toilets for use by car- nival personnel No tent camping or similar outdoor housekeeping will be permitted Equipment must enter and leave the area from the parking area next to the swimming pool and the end of Park Drive only No equipment can be set up on the infield of the hard ball field Quiet must be maintained after midnight Noise which disturbs the nearby residents will not be tolerated General Illegal gambling in or near the carnival area at any time will not be tolerated Any concession at which gambling is detected will be closed immediately and those responsible will be prosecuted There will be no exceptions or first warnings Prices for all rides, games and other amusements, and for articles offered for sale must be filed with and approved in advance by the Lions Club. All prices must be prominently displayed Prices for rides or 572 Selectmen's Meeting June 17, 1974 games which operate on a time basis must state the applicable time period Tht Lions Club must submit a plan for insuring compliance pricing to pro- tect customers from overcharging This should include a plan for handling complaints Violations of the price agreement will be a basis for closing of the concession The Town of Lexington reserves the right to revoke the permit if the terms under which it is granted are violated or if the safety of the pub- lic should be endangered by conditions outside of or beyond the Town's control Before any equipment is placed on the site, Mr Mazerall is to be contacted by Mr Flynn for an inspection of the condition of the area " Mr O'Connell informed the Board that a request has been received July 4 for the use of the Battle Green for band concerts Plans are being Band Con- discussed for the formation of a band to play during the Bicentennial cert Battle and, if organized in time, to give a concert on July 4 at 7 30 p.m. Green The problems identified are for funding and Town approval Funding would be a Bicentennial Committee matter as this would be held under their sponsorship and permission would be given by the Selectmen I would point out that July 4 is a carnival evening and the Lions Club might possibly be interested in aiding in the sponsorship I would caution the Board not to give permission for next year until we see how it goes this year Upon motion duly made and seconded, it was voted to grant permis- 1 sion to the Bicentennial Committee to sponsor a band concert on the Battle Green on July 4, 1974 at 7 30 p.m Mr Busa Check with the Lions Club to see that it doesn't con- flict with them Chairman Kenney That would be up to the Bicentennial Committee Mr O'Connell I will indicate to the Bicentennial Committee that the Board will withhold judgment regarding next year Mr O'Connell discussed the garbage contract It is my feeling, in Garbage view of the citizens' expression at the referendum, that it will be at Contract least two years before such an undertaking will take place and it would be in the Town's interest to take the three year contract Chairman Kenney I concur It was demonstrated that it was some- thing the citizens did not want but we have an obligation to proceed as to recycling I would ask the Selectmen to appoint a subcommittee to study paper and trash collection Insofar as the garbage contract, we should take advantage of the bid for three years Upon motion duly made and seconded, it was voted to award the gar- bage contract to Stanley Roketenetz, Inc , for a period of three years at the following amounts - tom it, l ./ Selectmen's Meeting June 17, 1974 From July 1, 1974 to 6/30/75 $82,000 00 From July 1, 1975 to 6/30/76 84,000 00 From July 1, 1976 to 6/30/77 86,000 00 Mr O'Connell asked the Board to approve requests to the Appropria- Transfer tion Committee for transfers from the Reserve Fund If we find we can Requests reduce the amounts by June 24, which is when the Appropriation Committee meets, I will meet with Mr McSweeney and adjust them down If not, the Board will have given the Chairman authority to approve the requests in case of an emergency Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the requests to the Appropriation Committee to approve transfers from the Reserve Fund for the following accounts Account #5900 - Water Maintenance-$6,000 For outstanding purchase orders and estimated expenditures Account #5250 - Town Building Maintenance-$11,000 Outstanding pur- chase orders, Boston Edison Company, Boston Gas Com- pany, New England Telephone, estimated expenditures Account #5700 - Sewer Maintenance-$9,000 Outstanding purchase orders, Boston Edison, New England Telephone, estimated ex- penditures Account #5600 - Street Lights-$17,000 Boston Edison Company Account #5500 - Traffic Regulations and Street Signs-$15,000 Out- standing purchase orders, Boston Edison Company, esti- mated expenditures Mr O'Connell requested approval of the Board for an extra work order, under Contract 73-11-E, to C E Maguire Inc for further hydrau- lic calculations for work on the Tophet Swamp This came about as a result of requests by the Department of Natural Resources and the Lex- C E Maguire ington Conservation Commission after the review of our operational Extra Work study prepared for the Massachusetts Department of Public Health for Order the Hartwell Avenue Sanitary Landfill The proposal is for an upset 73-11-E limit of $1,200, which is available under Article 28 of the 1973 Annual Sanitary Town Meeting Landfill Upon motion duly made and seconded, it was voted to approve the Tophet Swamp recommendation of the Town Manager to issue an Extra Work Order to C E Maguire, Inc , under Contract 73-11-E in an amount not to exceed $1,200 Mr O'Connell informed the Board that a request has been received Permit for a block party to be held on Carley Road on August 11, 1974 The Board had no objection Mr O'Connell informed the Board that a request has been received Accident from Mr McSweeney for the Board to sign a release form submitted by Release 1 574 Selectmen's Meeting June 17, 1974 the American Policyholders Insurance Company in full settlement of $529 63 for damage to Town property by Robert J Grant, 36 Taft Avenue, Lexington, as a result of an accident on April 28, 1974 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Release of All Demands in the amount of $529 63 concerning the accident involving Robert J Grant, 36 Taft Avenue, Lexington, on April 28, 1974 Mr O'Connell requested and received approval of the Board for a Old Belfrey sign to be made with the lettering, Old Belfry, at a cost estimate of Sign $100 00 Preliminary approval has been given by the Historic Districts Commission The Board approved the request for the Old Belfry sign Mr O'Connell advised the Board that the Police Department had a Youth difficult time with disturbances on graduation night and again on Satur- Vandalism day night There were two parties on Wednesday night, one at Willards Woods with 50-100 youths, and the other at Gold Ribbon Farm, where they broke down the barrier and trees, and did damage to the nursery windows; 14 arrests were made It was necessary to have 20 policemen on duty that night An attempt to burn the Maple Street bridge was thwarted by alert policemen On Saturday night, the police were called to a party on Columbus Street attended by many under 17 years of age They had to call for assistance from Bedford, Arlington, and the State Police, and 7 arrests were made; one youth escaped and surrendered in Rhode Island One officer was injured and received hospital treatment The situa- tion is getting worse and the make-up of the groups is getting younger The normal complement of police officers can't handle it and citizens should be told that it is getting out of hand Chairman Kenney I agree On three, separate occasions, Police cars have been stoned, have had beer bottles thrown at them, and offi- cers have been subjected to foul language These youngsters are from Lexington, not from out-of-town Chief Corr said it is getting beyond all proportions and police officers are getting tired of it I think we should appeal to parents to know where the youngsters are and where they are going It is disgraceful in this Town Mr O'Connell I have personally witnessed the events and it is not being overstated The Police have to leave 1 or 2 men in the cruisers or they will be severely damaged Chairman Kenney The Selectmen endorse and appeal to parents to discourage these disgraceful acts, and we are considering the advis- ability of publicizing the names where it is legal Mr O'Connell Parents have no desire to pursue the matter Chairman Kenney The Selectmen have been invited by Chief Corr to take a ride in the cruisers on Saturday night, and I urge all mem- bers to take advantage of his offer 1 J 5 Selectmen's Meeting June 17, 1974 Mr Robert Bowyer, Chairman of the Town Meeting Members Association, met with the Board to discuss a change in the 1975 Town Meeting date Chairman Kenney I sent a memo to all concerned, and the Appro- priation Committee is more interested in the budget schedule The Town Manager feels that we did not get as much benefit as we expected by TMMA delaying the start of Town Meeting by two weeks last year The later Town starting date only served to extend the time period during which the Meeting unresolved questions remain unresolved He recommends that we start Date on March 10, 1975, one week earlier; in future years to go back to the previous starting schedule of two weeks after the Town Election Day The Planning Board recommends that we return to the old pattern, but to consider the possibility of scheduling a special town meeting to deal with matters which do not affect the tax rate Mr. Bowyer The issue, apparently, is how to deal with the prob- lems during the next two Bicentennial years We discussed this and voted unanimously to request the Selectmen to consider, for 1975 and 1976 only, deferring or scheduling a separate Town Meeting in the fall or early winter, such as January, all possible deferrable items of non- financial nature; anything that would not carry on appropriation There is a strong feeling not to have sessions on three nights a week Also, 7 45 p.m. is a good time to start, provided we start on time Chairman Kenney We recommend that the coffee break be discon- tinued Mr Bowyer agreed We felt that two good meetings a week were better than three, and gave Town boards time to get their work done Mr Bailey Have you discussed Saturday or Sunday sessions? Mr Bowyer That would be out because of religious significance, but if there is a time pressure next year, then we might consider Satur- day or Sunday It would be better than having people two or three additional nights a week Chairman Kenney We could do it on a Sunday afternoon Mr Cohen No, because of the Sunday Blue Laws Mr Bowyer Another item, there is continued sentiment for some sort of recording at Town Meeting sessions Boards, officials, develop- ers, etc , make comments, and these are not recorded in any way The feeling is that these records would be available to interested individu- als, and they could know what follow-up action could be taken There are some members of the Executive Committee that feel we should have a written record of Town Meeting Mrs Battin It has been the concern of TMMA for the past 10 years The TMMA brought up the question this year of some way to see the impor- tant motions as they are brought up Mr Bowyer It was discussed and the suggestion was made for one or more bulletin boards; especially, if Town Meeting members are going to have an amendment or a substitute motion Also, the information tables seem to be cluttered, and you could have the old material in the lobby and new material only at the check-in desks 56 Selectmen's Meeting June 17, 1974 Chairman Kenney The idea of an amendment being put up is good We will take the matter under advisement Mr Bowyer retired from the meeting Chairman Kenney requested the Board to sign the approval of the con- Conservation servation easement given to the Town by Emerson Gardens Realty Corpora- Easement tion, as submitted by Town Counsel Cohen Emerson Upon motion duly made and seconded, it was voted to sign the approval Gardens of the receipt of the deed for the conservation easement given to the Town Realty Trust of Lexington by Emerson Gardens Realty Corporation "That EMERSON GARDENS REALTY CORPORATION, a Massachusetts Corporation having a usual place of business in Lexington, Middlesex County, Common- wealth of Massachusetts, for no consideration but as a gift, grants to the Town of Lexington, a municipal corporation of Middlesex County, Common- wealth of Massachusetts, (address of grantee Town Office Building, 1625 Massachusetts Avenue, Lexington, Massachusetts) , without covenants, a conservation restriction on the following described premises That portion of Lots 11, 12, 13, 14, 15 and 16 on plan entitled "Emerson Gardens Section One Lexington, Mass", dated September 12, 1960, revised September 15, 1961, Fred A. Joyce, Surveyor, recorded in Middle- sex South District Registry of Deeds Book 9941, Page 536, which is located within fifty feet of the center line of Munroe Brook, as shown on said plan That portion of Lot 10 located northeasterly of a line running northwesterly from a point on the property line between said Lot 10 and Lot 11 located 150 feet northwesterly from Emerson Road to a point on the line between Lot 9 and Lot 10 on said plan 264 16 feet northeasterly from said Emerson Road That portion of Lots 8 and 9 on said plan located northeasterly of the center line of said Munroe Brook easement The terms of this conservation restriction are as follows that neither we nor our successors or assigns will perform the following acts or permit others to perform them, hereby granting to the Town the right to enforce these restrictions against all persons 1 No building, sign, outdoor advertising display, fence, mobile home, utility pole or other temporary or permanent structure will be constructed, placed or permitted to remain on said parcel 2 No sand, gravel, rock or other mineral substance, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or unsightly or offensive material will be placed, stored or dumped thereon 3 No loam, peat, gravel, sand, rock, or other mineral resource or natural deposit shall be excavated or removed from said parcel in such a manner as to affect the surface thereof Selectmen's Meeting June 17, 1974 IIIThe foregoing restriction is authorized by G L c 184, s 31-33, and is intended to retain said parcel predominantly in its natural, scenic and open condition, in order toP rotect the natural and watershed re- sources of said Town The restriction shall be administered by the Con- servation Commission of said Town, established under Chapter 40, s 8C, of the Massachusetts General Laws as amended The conservation restriction hereby conveyed does not grant either the Town or the public any right to enter upon said parcel except as follows 1 The grantor grants to the Town a permanent easement of access to enter said parcel, by its Conservation Commission, for the purpose of in- specting the premises and enforcing the foregoing restrictions and remedy- ing any violation thereof The right hereby granted shall be in addition to any other remedies available to the Town for the enforcement of the foregoing restrictions 2 The grantor grants to the Town a permanent easement to enter said parcel, by its Conservation Commission or its designees, to clear and clean Munroe Brook The grantor grants to the Town with respect to the portions of Lots 8, 9 and 10 located northeasterly of Munroe Brook an easement to pass and re- pass on foot for the purpose of fishing, hiking, winter sports or nature study and to permit the Town through its Conservation Commission to clear and mark trails for said purposes No documentary stamps are needed for this instrument, this conveyance being a gift to the grantee Witness the execution and the corporate seal of said corporation this 1st day of June, 1974 Emerson Gardens Realty Corporation By William E Maloney President William E Maloney Treasurer APPROVAL BY SELECTMEN We, the undersigned Board of Selectmen of the Town of Lexinton, hereby certify that we approve the receipt of the foregoing deed under G L c 40, s 8C, as it has been and may be amended, as requested by a vote of the Conservation Commission of the Town, for the protection of the natural and watershed resources of the Town (Allan F Kenney (Fred C Bailey Board of Selectmen (Alfred S Busa (Sanborn C Brown (Margery M Battin :51S Selectmen's Meeting June 17, 1974 APPROVAL BY COMMISSIONER The Commissioner of the Department of Natural Resources hereby cer- tifies that he approves receipt of the within conservation restriction under G L. c 184, s 32 Commissioner, Department of Natural Resources" Chairman Kenney read a report from the Director of Public Works/ Engineering, as follows "With regard to the uncollected sewer charges Concord Ave in lieu of betterment that were to be assessed against the Concord Realty Corp Avenue Realty Corporation, we report the following Sewer This corporation subdivided a parcel of land into four house lots Charges and an open space parcel under a form A; subdivision control not re- quired In order to make the house lots buildable a sewer was required and the developers requested permission to construct the sewer to the rear of the house lots parallel to Spring Street Since this was not under subdivision control a betterment charge was to be assessed total- ing $3263 55 for the four lots The sewer has since been constructed by the developer at no cost to the Town and they are now in the process of deeding the open space parcel and the sewer easement to the Town In view of these facts, we would recommend that the sewer charges in lieu of betterment be abated " Chairman Kenney This would be consistent with what we offered to Mr Grammont (proposal to construct a sewer in Aaron Road area) The Board agreed Upon motion duly made and seconded, it was voted to rescind the sewer charges in lieu of betterments which were previously assessed to the Concord Avenue Realty Corp in the amount of $3,263 55 Upon motion duly made and seconded, it was voted to go into Execu- ExeGutive tive Session for the purpose of discussing , deliberating or voting iSession 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 with the Planning Board on a matter of encroach- ment on Lowell Street, it was voted to go out of Executive Session The Planning Board met with the Selectmen and the parking plan Cary for Cary Memorial Library was discussed Library Chairman Kenney read a letter from Mr Fred C Bailey, President Parking of the Board of Trustees of Cary Memorial Library as follows "We Lot recommend that the spaces be allocated as indicated on the plan; the fifteen spaces in the rear of the lot would be for staff parking, and unmetered The seven spaces opposite the entrance walk would also be unmetered and marked, "15-minute parking--library use only " The re- maining twenty-six spaces would be metered If the plan meets with 579 Selectmen's Meeting June 17, 1974 your approval, we hope that the Department of Public Works will be able to provide the necessary meters and signs, and to coordinate this work with the contractor " Chairman Kenney read a report from Mr Kenneth Briggs, Planning Director, and Mr Peter Chalpin, Traffic Engineer, recommending a standard parking stall of 18 feet x 9 6 feet; a roadway of 22 feet rather than 28 feet; loop system with entrance on the South end of the parking; several signs, including one each at the entrance and exit showing that Clarke Street is one-way During the discussion, Dr Clarke, Planning Board Chairman, said that the Planning Board felt there was a large number of parking spaces allocated to the staff, but conceded that fifteen spaces for a staff of twenty-five would not be too many The Board of Selectmen and the Planning Board approved the plan, subject to additional recommendations Upon motion duly made and seconded, it was voted to approve the plan for the parking lot of the Cary Memorial Library, subject to the following recommendations 1 The plans show that the stalls vary in length from 14 feet to 18 feet throughout the lot A standard parking stall of 18 feet x 9 6 feet is recommended 2 The existing layout shows a road width of 28 feet, the recom- mendation is for a loop road with a width of 22 feet The reduction in the width of the road will accommodate the needed increase in the length of the parking stalls 3 The road should be a loop system with the entrance on the South end of the lot 4 Several signs should be located on the lot, one each at the entrance and exit showing that Clarke Street is a one-way Street. The Planning Board and the Selectmen discussed the condition of the cul-de-sac in the Village Circle subdivision Excerpts from a report of the Planning Director state that " Village Circle was constructed under Section 33 of the Lexington Zoning By-Law, Planned Unit Development (PUD) Under this section, 25 percent of the land must remain undeveloped, and be granted to the Town for con- servation, outdoor recreation, or park purposes The land within the cul-de-sac (21,698 eq ft ) was part of the land set aside to meet PUD requirement of 25 percent open space The Town accepted this land, designated as parcel "B" at the 1972 Annual Town Meeting under Article 72 An on-site inspection of the parcel shows that the circle has a 5S0 Selectmen's Meeting June 17, 1974 dish-like contour, with the low point in the center approximately 3 feet below the edge line of the road There are 3 to 4 inches of standing water covering approximately 25 percent of the site The rest of the site is stripped, with the exception of a small clump of trees at one edge It is my opinion that the site should be mounded, creating a high point at the center 2 feet above the edge of the road, allowing any water caused by seasonal precipitation to drain into the catch basins in the road The site should be landscaped with trees and evergreens that require only mini- mal care This is no small matter and will be expensive Assuming that the entire site will require 3 feet of fill to bring it to the desired con- tour, we are talking about approximately $7,230, before landscaping This figure is not accurate, but provides an idea of what the cost might be The question is whose responsibility is it to bring the circle to an acceptable standard? The developer might say, since the Town has accepted the land, it is now the Town's responsibility The Town, on the other hand, may feel that it accepted a finished site, and it did not intend to accept a site that it had to expend $7,230 to bring to a condition, as de- scribed in Section 33, as conservation, recreation, or park land This has been a source of irritation to the abutting residents, since the condition has existed for a year and a half, to this time They feel that the aesthetic and environmental impact created by the unfinished condition of the circle has devaluating effects on their properties This is a matter that both the Planning Board and the Board of Select- men should be made aware of, so that some resolution might be made with respect to responsibility for development and costs incurred " Dr Clarke The recommendation of the Park Department is $10,000 Beyond that, I understand there is not money in the budget, and it would wait until next year The abutters have asked for specific design Mr Cohen Would the developer do anything? No reply Mr Busa How did this get by? Dr Clarke It didn't occur to us to put conditions on it Mrs Brown, Planning Board There is another thing about it; there are two parcels at Village Circle, and we didn't accept the third Chairman Kenney When we get to Article time, let me know Mr McSweeney For what purpose is the land accepted? For public purposes? No reply Mrs Battin I talked with one abutter regarding agreement to forego the sidewalk. The developer might do the landscaping with money thus saved Dr Clarke We explored that, but it would be treating the abutters unfairly The Board of Selectmen and the Planning Board agreed to take the matter under advisement and to discuss the possibility of having an Article in the 1975 Annual Town Meeting Warrant regarding the project at Village Circle Rotary Island The Planning Board retired from the meeting 5S1 Selectmen's Meeting June 17, 1974 Chairman Kenney read a memo from the Traffic Safety Committee regard- ing Battle Green parking, stating that the Committee had discussed the letter from the Lexington Chamber of Commerce expressing their concern Battle about all-day parking around the Battle Green and suggesting this space Green be reserved for tourist parking As you know, the Committee has and Parking does recognize the parking problems in Lexington Center for the worker and tourist alike, and would like to see all accommodated However, we feel that until some overall improvement can be made, no special areas should be set aside for tourists, as this action would only compound our existing difficulties The Committee did vote to recommend to the Board that they advise the Chamber of Commerce to request employees to check the Town lot for parking availability before parking at the Green It has been our experience that these employees park at the Green all day as a matter of convenience, rather than of necessity, since there is usually ample space in the Meriam Street lot at the time they arrive for work but it is a little further walk Mr Bailey There are three churches around there with good-sized parking lots Has anyone approached them to have parking spaces on their lots during the week? Chairman Kenney read a letter from Mr Robert Tarlin, Bicentennial Director, stating " I agree with the objective of eliminating all-day parking around the Battle Green in order to accommodate the more tran- sient parking of tourists, but believe it is too limited, especially in view of the greatly increased visitor expectations during the Bicenten- nial period of 1975-76 I recognize that parking should not be eliminated from all edges of the Green, plus the north side of Bedford Street (86 spaces) without an attempt to provide easily accessible, well-marked, alternate space for tourists " Mr. Brown I don't think we have the facts as to whether all-day parkers are there and I would like to see the facts on how many there. are The Traffic Safety Committee says there is no problem Mr McSweeney We have spot-checked them and it averages about a dozen cars It is only on Massachusetts Avenue, on both sides, between Harrington and Clarke Streets They may be the Library construction workers As Mr Bailey suggested, it would be fine if they could use one of the church lots Mr Bailey If you could put the buses behind the churches, also Mr O'Connell I think the buses should be required to unload quickly and to into one of the church lots Mr Busa Find out who the people are who work in the center and park there all day Mr McSweeney It certainly could be looked into Chairman Kenney We should accept the recommendation for now and slate it for review after the Library lot is in use Mr Brown I would still like to have the facts I 582 Selectmen's Meeting June 17, 1974 Mr McSweeney We might eventually have to have 2-hour limited parking The Board agreed to accept the recommendation of the Traffic Safety Committee that the parking regulations around the Battle Green not be changed at this time A letter to this effect will be written to the Chamber of Commerce and the Bicentennial Director, who will be requested to further investigate the possibility of using church parking lots in the Center Chairman Kenney read a report from the Traffic Safety Committee IStop Sign in reply to requests from Mr Penglis, 32 Muzzey Street, and Mrs Beverly Request Kelley, 24 Forest Street, for a stop sign at Muzzey and Forest Streets, Muzzey & stating that the committee is in the process of collecting necessary Forest Sts data, such as intersectional traffic counts, accident data analysis, minor property surveys, etc As soon as this is compiled, it will be submitted to the State Department of Public Works Mr Penglis and Mrs Kelley are to be so informed by letter Representative Cole met with the Board The Board discussed a report from the Town Engineer regarding Bedford traffic counts at Bedford and Eldred Streets " as you know, there Eldred is no traffic light at Eldred Street and the Massachusetts DPW refuses Streets to install one until three lanes in both directions are provided Com111 - parison of the counts taken by TAMS shows considerable increase in the i morning peak, with no little change in the afternoon figures It does appear, however, that more people today are obeying the left turn pro- hibition than two years ago Justification for the Mass DPW position is based on traffic capacity Design capacity for free flowing traffic, i e , without a light, ranges from one thousand to eighteen hundred cars per hour per lane Friction factors, such as driveway openings, tend to keep Bedford Street down to the minimum figure of a thousand cars per hour Thus, a traffic light at Eldred Street would necessitate three lanes of roadway on Bedford Street if two thousand cars were to pass through during peak hours Chairman Kenney The status of it is that TAMS is going to go ahead and make recommendations to the State and we will be asked for comments Mr McSweeney I can get a better report as to how much of a backup would be there TAMS can certainly give us information as they will sub- mit a report to the Commissioner for review Representative Cole If you don't like what they are proposing, the quicker you do it the better Mr McSweeney is to come back to the Board with a report after a review with TAMS and the State DPW Sidewalk Chairman Kenney read a request from Mr Raymond Dellovo, 1 Valley Parker Road, for a sidewalk from 258 Bedford Street to the Parker School School A report from Mr McSweeney was read, stating that the New England Telephone Company is in the process of installing underground conduit in I III Selectmen's Meeting June 17, 1974 the westerly shoulder of Bedford Street from Valley Road to Route 128, and beyond In our negotiations with the Telephone Company, they have agreed to construct a bituminous concrete sidewalk over the conduit from Valley Road to the Parker School A separate permit will be re- quired from the State Department of Public Works as this is a State highway layout and they have indicated that additional information must be supplied The Board agreed to write to the State Department of Public Works and inform them that the Town of Lexington agrees to 1 Assume the responsibility for construction and cost of the sidewalk through the agreement with the New England Telephone Company 2 Assume responsibility for the maintenance and snow removal of the sidewalk upon completion 3 Provide any necessary slope and/or construction easements and insure that the contractor carries adequate insurance to pro- tect all abutters in the event of grade damage 4 Guarantee that no betterments will be assessed for this im- provement A letter is to be written to Mr Dellovo informing him that the sidewalk will be constructed in the near future Chairman Kenney read a letter from Mr Joseph 0 Rooney, Chairman Lexington of the Lexington Housing Authority, stating that the State Department Housing of Community Affairs has tentatively approved the following lots for Authority acquisition under the application for 705 Housing Intent to Convey Town Tarbell Avenue Lot 145 Lots Philip Road Lot 42A Rockville Avenue Lot 19 Valleyfield Street Lot 24 Grapevine Avenue Lot 50 Spring Street Lot 72 Balfour Street Lot 204 Wood Street Lots 55 and 56 Lot 56 being a possible double lot Earl Street Lots 31 and 33 Garfield Street Lots 36 and 37 Avon Street Lots 423 and 424 1 584 Selectmen's Meeting June 17, 1974 subject to the following conditions 1 That the Authority vote to acquire the property 2 That the Town convey these sites at no cost to the Authority 3 That the Authority secure a building permit on these sites 4 That the Authority investigate the sub-soil conditions of all these lots including the taking of test borings 5 That all local approvals that may be necessary be obtained by the Housing Authority including variance, if required 6 It is necessary for your Authority to vote to accept these conditions and to so notify this office in writing 7 It is understood that under the provisions of Chapter 705, the Department of Community Affairs must conduct a public hearing after due notice is published in the appropriate newspaper Mr Rooney further states in his letter that the Lexington Housing, Authority has voted to accept the above terms and conditions Additional site selection and review will continue to be made by the Authority to bring the total number of lots to twenty-five The Board agreed to request the Board of Assessors to certify that the above-listed lots are tax title, foreclosed lots; to request a recommendation from the Planning Board regarding the use of the lots for 705 Housing; to inform the Lexington Housing Authority of the following vote Upon motion duly made and seconded, the Board of Selectmen voted an intention to convey the above-listed lots to the Lexington Housing Authority, subject to recommendation from the Board of Assessors and the Planning Board The Board discussed the moratorium on tax title lots and agreed Moratorium to extend it Tax Title Upon motion duly made and seconded, it was voted to extend the Lots moratorium on the sale of tax title lots from March 31, 1974 to May 31, 1975 Chairman Kenney read a request from the Conservation Commission Conservation for a designated Selectman to work with the Commission on 1974 land Commission acquisition Articles Land Projects After discussion, it was agreed to inform the Conservation Com- mission that the following Selectmen will work with the Commission on specified projects, with the understanding that the Selectmen will be contacted by the Commission Fred C Bailey Graziano, Marco and Elliott parcels Alfred S Busa Vine Brook, Morrow and Schena easements Margery M Battin Hillside Avenue lots 585 Selectmen's Meeting June 17, 1974 Chairman Kenney read a letter from Mrs Elizabeth Petrusauskas, 17 Crescent Hill Avenue, complaining about unsightly conditions on Complaint the abutting property at 10 Westminster Avenue 10 West- A report from the Building Inspector states that he and the Health minster Ave Director inspected the property and found an unpiled supply of lumber in the front yard, three cars, one truck, and a front end loader with- out current registration plates, motorized contracting equipment, and poor housekeeping generally existing Mr Warren Smith, owner, said that he does intend to utilize the building material and clean up his yard eventually As far as the vehicles are concerned, Mr Smith has voiced his refusal to remove them from the property to comply with our Zoning By-Laws, and failure to comply would result in legal action by this department The Fire Department reports no fire hazard exists at this time, and the Health Director finds nothing unsanitary to health The Board agreed to write to Warren and Helen W Smith, 10 West- minster Avenue, and request them to clean up the area in conformance with the Town of Lexington By-Laws Failure to comply within thirty days will result in legal action being instituted by the Town of Lexington ' The Board discussed the appointment of a Chairman of the Bicen- tennial Committee Mr Lincoln P Cole, Jr , was present and said that there should Appointment be a close relationship between the Bicentennial Committee and the Bicentennial Bicentennial Director In my opinion, there could be a lot of volun- Committee teer work done, and it is an opportunity to get the Town working Chairman together Chairman Kenney We concur You have a good committee and the funding is in good shape Mr Buse There is a lot of work to be done Mr Cole The Town Celebrations Committee will be working on the parade; logistics will be 90 percent of the problem Upon motion duly made and seconded, it was voted to appoint Mr Lincoln P Cole, Jr as Chairman of the Bicentennial Committee, effec- tive immediately The Board of Selectmen discussed the list of Election Officers, Election as recommended by the Town Clerk Officers Upon motion duly made and seconded, it was voted to appoint the following 1974-1975 Election Officers I 58t Selectmen's Meeting June 17, 1974 111 LEXINGTON ELECTION OFFICERS 1974 - 1975 Democrats Mrs Lorraine C Baron 236 Worthen Rd Mrs Ann M Baum 4 Wright St Mrs Anna M. Bushard 25 Bowker St Mrs Mary C Casey 22 Valley Rd Mrs Mary H Coyle 20 Walnut St Mrs Elizabeth F Downey 1 Stimson Ave Mrs Mary J Ferry 50 Downing Rd Mrs Eileen J Fradette 35 Grapevine Ave Mrs Helen G Garten 11 Fairview Ave Mrs Mary C Joseph 32 Eldred St Mrs Rita E Kiley 37 Wachusett Dr Mrs Edna F Marshall 110 Woburn St Mrs Joan H McDonough 123 Grant St Mr Henry P Meade 17C Wm. Roger Greeley Village Mrs Marjorie Modoono 285 Woburn St Mr L Francis Murphy 5 Bennet Ave Mrs Mary G Oliver 610 Waltham St Mrs Maude A O'Neill 6 Independence Ave Mr Joseph 0 Rooney 222 Waltham St Mrs Helen C Rooney 222 Waltham St 111 Mrs Dorothy A Shine 11 Utica St Mrs Mary V Spencer 8 Cary Ave Mrs Marie T Walton 5 Spencer St Mrs Anne C Williamson 150 Grant St Republican Mrs Edna D Anderson 21 Leonard Rd Mrs Florence M Downe 112 Bedford St Mrs Mary E Clifford 54 Chase Ave Mrs Gloria D Colbert 6 Tewksbury St Mrs Mildred M. Cronin 14 Utica St Mrs. Ilda J Field 30 Chase Ave Mrs Ida B Fisk 10 Spencer St Mrs Carol A. Goldthwait 30 Baker Ave Mrs Rose J Grant 16 Hillcrest Ave Mrs Agnes Heimlich 796 Mass Ave Mrs Sally S Hooper 282 Bedford St Mrs Mary F Irwin 6 Grove St Mrs Winifred E Ivester 56 Woburn St Mrs Caroline P Johnston 8 Wilson Rd Mrs Alice G Marshall 9 Independence Ave Mrs Mary G McCauley 75 Spring St 687 Selectmen's Meeting June 17, 1974 Mrs Ruth M. Mitchell 16 Peachtree Rd Mrs Irene Norcross 50 Forest St Mrs Dolores M. Swan 24 Bedford St Mrs Helen L Perry 16 Ellison Rd Mrs Elinor M. Vassallo 145 Grant St Mrs Virginia M. Warner 71 Adams St Mrs Margaret S Wilson 103 Meriam St Mrs Marjorie E Wirpio 22 Bartlett Ave The Board discussed letters from various Town agencies submitting nominees for appointment to the Lexington Commission on Suburban Re- LCSR sponsibility Appoint- Upon motion duly made and seconded, it was voted to appoint the ments following members of the Lexington Commission on Suburban Responsibi- lity for a term of office expiring June 30, 1975 Lexington Commission on Suburban Responsibility Planning Board Stanley A Brown Metropolitan Area Planning Council Lois W Brown League of Women Voters Bernice Weiss (Mrs Ephraim) School Committee Jacqueline Davison Lexington Teachers Nancy Haley TMM Executive Committee Paul Plasse TMM General Membership John Campbell Lexington Housing Authority William S Sullivan G Richard Beamon (Alternate) Lexington High School Sharon Geaghan Alan Wachman Lexington Interfaith Corporation William T Spencer Chamber of Commerce Cornelius Cronin Town Employees Fire Capt Edward Silva Board of Selectmen Margery M Battin Members-at-Large Wiltrud R. Mott-Smith (Mrs John C ) Leona Martin (Mrs Charles T ) Chairman Kenney read a letter of resignation of Ralph V Lord, Jr as a member of the Town Celebrations Committee, effective immediately Town Celeb Upon motion duly made and seconded, it was voted to accept, with Committee regret, the resignation of Ralph V Lord, Jr as a member of the Town Resigna- Celebrations Committee, effectively immediately tion The Board discussed an appointment to fill the vacancy on the Town Celeb Town Celebrations Committee Committee Upon motion duly made and seconded, it was voted to appoint Raymond Appoint- Flynn a member of the Town Celebrations Committee to fill the unexpired ment term of office of Ralph V Lord, Jr to March 31, 1977 588 Selectmen's Meeting June 17, 1974 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meetings held on January 21 and May 2, 1974 Upon motion duly made and seconded, it was voted to approve the Bonds following bonds Doris E Barclay, Collector of Taxes, $131,000; Doris E Barclay, Assistant Treasurer, $31,000 Chairman Kenney read a request from the Tax Collector to abate Abatements uncollectable ambulance bills for 1972, in the amount of $371 40 Ambulance Upon motion duly made and seconded, it was voted to abate un- Bills-1972 collectable ambulance bills for 1972, in the amount of $371 40, ac= cording to the list submitted by the Tax Collector Upon motion duly made and seconded, it was voted to abate the Ambulance ambulance bill sent to Frank Scurto, in the amount of $10 00, as he 1974 is a Town Employee taken from the DPW Barn Chairman Kenney read a request from the Director of Public Works/ (Abatement Engineering to abate water bills Water Upon motion duly made and seconded, it was voted to sign abate- Bills ments for the following water bills Robert A. Beckett 370 Marrett Road $ 12 60 Wrong meter reading Gold Ribbon Farms 1265 Mass Avenue 710 85 Wrong meter reading Jan Eninger 105 Simonds Road 18 55 Wrong meter reading Donald J O'Hara 17 Whittier Road 45 50 Wrong meter reading Mr Nordahl 31 Meriam Street 70 00 Wrong meter reading Henry Merriam 44 Hayes Avenue 35 43 Wrong meter reading Chairman Kenney requested the Board to sign the Warrant to Dog Warrant Officer Belcastro regarding 1,000 unlicensed dogs Dog Upon motion duly made and seconded, it was voted to sign the War- Officer rant authorizing the Dog Officer to seek out, catch, and confine all dogs within the Town not duly licensed, collared, harnessed or tagged, according to the provisions of G L Chapter 140 Contract Upon motion duly made and seconded, it was voted to grant the re- 75-3-E quest of Town Counsel to sign Contract 75-3-E with Frank DiCenzo & Cary Hall Sons, Inc , 25 Valley Road, Medford, for cleaning, caulking, pointing and silicone protection for Cary Memorial Hall, in the amount of $5,150 Contract was awarded on May 10, 1975 Town Chairman Kenney informed the Board that the audit of the Town has Audit been received from the Massachusetts Director of Accounts U Q.1( 3 a Selectmen's Meeting June 17, 1974 Upon motion duly made and seconded, it was voted to accept the audit of the Town of Lexington from January 1, 1972 to July 31, 1973, as submitted by the Massachusetts Director of Accounts Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, the financial interests of the Town, or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 30 p.m. A true record, Attest 31//1/4 72? Executive Clerk, Selectmen 1