HomeMy WebLinkAbout1974-03-11-BOS-min 463
III SELECTMEN'S MEETING
March Ii , 1974
A regular meeting of the Board of Selectmen was held in the Select-
men's Room, Town Office Building, on Monday, March II , 1974, at 7 30 p.m.
Chairman Kenney, Messrs. Bailey and Brown, Mrs. Batt in; Mr. O'Connell ,
Town Manager; Mr. Cohen, Town Counsel ; Mr. McSweeney, Director of Public
Works/Engineering; Mrs. McCurdy, .Executive Clerk, were present.
The meeting was called to order by the Clerk, who declared that nomina-
tions were ip order for the election of the Chairman of the Board.
Mr. Allan F. Kenney was nominated and the nomination seconded. There
were no other nominations. Organiza-
Upon motion duly made and seconded, nominations were closed. tion of
Upon motion duly made and seconded, Mr. Allan F. Kenney was unani- the Board
mousiy elected Chairman of the Board of Selectmen for the ensuing year.
Chairman Kenney expressed his appreciation for the vote of confi-
dence and said that 1974-1975 will be an exciting and eventful year.
Mrs. Margery M. Battin was congratulated upon her election and wel- Mrs
corned to ber first meeting as a member of the Board of Selectmen. Battin
111Mr. O'Connell informed the Board that a letter has been received by
the Chamber of Commerce from a Mr. C.Y. Thomas concerning duplication of
the Minute Man statue in bronze. There doesn't seem to be anyone who
really knows what the situation is regarding that statue. We talked to
Mr. Worthen (Historian) and we believe the statue, and all the property Minute
rights that go with it, were included in the Hayes family. So, we feel Man
the Town dhould claim all property rights on behalf of the citizens of Statue
Lexington. t talked to Town Counsel and suggest that the Board not ap-
prove the duplication of the statue in its size as it is unique to
Lexington and the Battle Green. I can't see a physical duplication stt-
ting in Shawnee, Kansas. I am concerned about the problems that would
arise if the Town would allow it, and allowed impressions to be taken.
How does the Board feel?
Mr. Brown Do we know whether the molds are extinct? If we want
to control it, we should know whether the molds are around.
Mr. O'Connell If the molds were around, we haven't been able to
find out.
Chairman Kenney In the past, there have been duplications in a
reduced size. I would think the Town would think of it as Lexington's,
and the only place for it would be on the Green. I would concur with
the Manager's suggestion.
Mr. Cohen Maybe we should decide to register the statue on Wash-
ington. I will give you a memo in a few days.
Mr. O'Connell There is merit in that. If registered, you might
want .to have the right to decline to give approval if someone wanted to
use it in poor taste.
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Selectmen's Meeting March II , 1974
Mr. McSweeney I know the mold is gone.
The Board agreed to take the matter under advisement.
Mr. O'Connell informed the Board that the Public Works Department
Tree has plans to burn a quantity of deseased Dutch Elm trees at the sant-
Burning tary landfill. There is a new law, passed in 1973, with provisions
for burning from March 15 to April 15 during this year and next year.
Up to date, we have been burying them. We will probably receive re-
quests for permits from citizens to burn but you cannot burn leaves.
Chairman Kenney How would it be handled?
Mr. O'Connell With the approval of the Fire Chief, and it can
be done between 10 00 a.m. and 4 00 p.m. , subject to conditions put
on the permit.
Mr. McSweeney We have 45 of our own trees but have no idea of
what private contractors will bring in.
Mr. O'Connell advised the Board that there were unused, available
funds in the D.P.W. equipment account and bids had been received on the
DPW purchase of two 3/4 ton 4-wheel drive trucks, available with plows.
Trucks He recommended that the bid be awarded to Taylor and Lord of Bedford
in the amount of $11 ,592, including the plows. The other bids were
$10,092 to $11 ,094 but no one can promise immediate delivery.
The Board agreed that the contract be awarded to Taylor and
Lord in the amount of $11 ,592 for two 3/4 ton 4Nwheel drive *rucks
with plows.
Mr. O'Connell called the Board's attention to calls and letters
on Article 108 -.."that the presence of Richard M. Nixon would diMin-
Article 108 ish the historic value and demean the high ideals of said celebration."
President it has been widely misinterpreted that Lexington has taken an official
Nixon position on this matter, and it has been picked up by national publica-
tions. It might be helpful if it were to be issued as a public state-
ment that it is a citizens' petition and has no significance as to the
official position of the Town.
Mr. Bailey The less said, the better.
Chairman Kenney We have attempted to answer numerous calls and
indicated that it is a citizens' Article, sponsored by 14 or 15 people.
We explained what it is and that the Selectmen have an obligation to put
it in the Town Warrant.
Mr. O'Connell discussed April 19 and the Town's vending policy on
April 19 that day. Currently, we operate under the regulation issued by the
Hawkers & Board governing hawkers and peddlers, and there is a section that
Peddlers specifically prohibits peddling within 200 yards of Massachusetts Ave-
nue. We now have a new parade route and we have the problem of public
vs. private property, and whether the Town can regulate the sale by
vendors if it is private property. We have non-profit civic organiza-
tions of Lexington vs. private person who seeks to do it for provit vs.
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Selectmen's Meeting March II , 1974
commercial hawkers and peddlers. So far, we have tried to confine the
permits to civic organizations. Other problems are ( I) the number of
youth organizations that have been given a permit to sell balloons by
moving around the streets. We found that, last year, they attempted to
sell to automobiles and they got into the traffic. Should this be
allowed only on the sidewalk? And to see that some adult supervises the
children. The question is, does the Board agree that we should draw up
a separate regulation for April 19? (2) What is the Board's feeling
concerning the matter of restriction, or lack of restriction, to those
that are permitted to sell?
The Board agreed that Mr. O'Connell is to discuss the matter with
Town Counsel and Chief Corr and come back with recommendations, particu-
larly on bicycles.
The Planning Board met with the Selectmen to discuss the excava-
tion of land and the removal of soil from the Lexington to the
Burlington portion of land owned by the Burlington Arcade Associates.
Chairman Kenney We asked the Planning Board for recommendations
and you have submitted a report from the Design Advisory Committee.
Dr. Clarke• We discussed the D.A.C. report and generally agree Burlington
with it. Fundamentally, D.A.C. suggested filling in the sharper cor- Arcade
ners and create a strip of boulders and not necessarily filling in all Encroach-
of the earth that was removed. ment
Mrs. Brown The D.A,C. report has resulted in questions from the
Board of Appeals and I feel they should be directed that it is our posi-
tion, not theirs.
Chairman Kenney We shall write to the Board of Appeals and say
that the recommendations are from the Board of Selectmen andJthe Plan-
ning Board. Also, if there are any questions, they should be filtered
through the Selectmen.
Mr. Cohen The Board of Appeals is anxious to get something in
writing. I would suggest that Mr. McSweeney give me what he wants to
be given to the developer and I will work through his lawyer.
Mr. O'Connell On behalf of the Building inspector, he asks that
the Burlington-Lexington line be permanently established across that
property so that he can enforce; it could be a fence or a line of
trees.
It was agreed that-the following letter be written to the Board of
Appeals
"The Board of Selectmen and the Planning Board have adopted the
following recommendations as being the position of the Town inn order to
rectify the situation caused by the excavation done by the Burlington
Arcade.
The following requirements should be made of the developer in order
to preserve what is left of the site and make the area as presentable as
possible:
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Selectmen's Meeting March II , 1974
I. The cut slope should be covered with new fill taking care not to
disturb the existing trees at the overhanging crest. The new slope
should be no greater in slope than one foot vertical to 3 feet hori-
zontal. The developer should be required to submit a regarding plan
to the Planning Board for approval.
2. A barrier should be made along the town line so that it will be
clearly defined. This barrier could be built of the boulders and
stones existing on the site and backfilled, or could be an attractive
split rail fence, not chain link.
3. Planting should be restored on the new slope. The entire disturbed
area should be covered with 6 inches of topsoil and seeded to control
erosion. Evergreen trees (white pine) should be planted densely near
the top of the new slope to help reduce the detrimental impact of the
shopping center on the Lowell St. residential area. Other trees should
range in size from 5' to 15' in height when planted so that the average
size is 7 feet. At least 150 pines should be required. Deciduous trees
shodld range from 2 inches to 4 inches in caliper and at least 100
should be required. All trees should be planted according to good hor-
ticultural practice and guaranteed for at least two years. The devel-
oper should be required to submit a landscape plan for approval by the
Planning Board."
The Selectmen and the Planning Board discussed the proposed State
Department of Public Works' plans for the widening of Bedford Street.
Bedford Mr. McSweeney showed preliminary plans and said that he had met
Street with TAMMS and representatives of District #4 of the State D.P.W.
As you know, this is a follow-up of the TOPICS program and they want
both Boards to look at the plans and they would be happy to come out
and discuss them.
Chairman Kenney We will let them know we have seen the plans
and have taken the matter under advisement. We will ask for recom-
mendations from the Planning Board and the En§ineering Department,
and inform the townspeople that the plans are available.
The Planning Board agreed to return in two weeks for further
discussion and retired from the meeting.
The Board discussed the Meriam Street parking lot with residents
Meriam St. of the area.
Parking Lot Chairman Kenney This is not a hearing and we will discuss it
and allow statements from those of you who are interested. Last year,
the Selectmen proposed, under Article 39, that Town Meeting appro-
priate the sum of $35,000 for construction and the extension of the
Meriam Street parking lot. Additionally, we had another motion that
$35,000 be appropriated for the construction and $3,000 for the instal-
lation of parking meters. On March 28, the Chairman of the Appropriation
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Selectmen's Meeting March 11 , 1974
Committee moved that it be recommitted to the Selectmen, and we had a
meeting with the Appropriation Committee. At that time, we decided to
refine it and, on April 9, Town Meeting approved this motion That
the sum of $3,000 be appropriated for materials and grading in order
to extend the Meriam Street off-street parking area, and that such
amount be raised in the current tax levy. The project went from
$34,000 down to $3,000 and we talked about what we could do for $3,000
for grading, gravel , and a buffer strip between the area and abutters.
We met with Mr. McSweeney and generally laid out what could be done
without basically changing the character of the area. Essentially,
that is what he did.
The second stage would involve nine more spaces.
Mr. McSweeney showed the plan of the area.
Mr. Brown How far from property lines is the closest you get?
Mr. McSweeney About 26 feet to 52 feet.
Chairman Kenney On the work you did, I understand that you°cut
down two dead trees and one live tree?
Mr. McSweeney An 8" tree should go in order to get 40' at one
point.
Chairman Kenney As I understand it, you would use some of the
appropriation to put in Scotch pines?
Mr. McSweeney There will be about 8 in all.
Mr. Bailey Is it comp&etely consistent with the way it was laid
out a year ago? Has there been any departure from the understanding
we had that was voted by Town Meeting?
Mr. McSweeney It is the same, we haven't changed anything.
Mr. Brown What is the minimum distance from the construction to
the neighbors?
Mr. McSweeney To their property line, we are talking approximately
35 feet.
Mr. Brown Then the minimum distance is 35 feet, and most of it
goes to 58 feet away from private property.
Chairman Kenney Which is obviously consistent with what we said
to maintain a buffer zone from private property, and Mr. McSweeney in-
tends to put in 6 or 8 Scotch pines.
Mr. McSweeney Yes, we were also talking about putting some in
the hallow.
Mrs. Battin Did Town Meeting know exactly of the terms of the
extension, and not specifically as to any trees?
Chairman Kenney We expressed to Town Meeting that we were going
to stay away from trees; it is all low land.
Mr. Robert Guest, 18 Grant Place I have lived here for four years
and every Spring we live through What is going to be done with the
Meriam Street parking lot. We got together and registered our strong
protest, in keeping with the Town's tradition. To have bulldozers there -
why can't someone tell us what is going on? There appears to be no end
to it.
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Selectmen's Meeting March II , 1974
Chairman Kenney The end is what we proposed to Town Meeting,
and that is what was voted. Were you present when the Article was
passed?
Mr. Guest Yes. 1 was present when the gravel extension work
was done.
Mr. Kenney He did it in two phases.
Mrs. Guest We know that now.
Mr. Charles Withrow, 10 Grant Place• My comments are the same es
Mr. Guest's. We thought the work done last summer was all of it, and
they cut trees and opened it up, and we thought that was it. Two weeks
ago, the sawe started again.
Chairman Kenney Did you inquire whether it was finished?
Mr. Withrow No, and they came back again. I understand now that
you can go as far as $3,000 would take you.
,Mrs. Battin I feel that once Town Meeting votes something and
determines what the extent is going to be, that we notify the abutters
a week before we go out. That we do this right after Town Meeting.
Mr. O'Connell Comment - prior to Town Meeting, we have informa-
tion meetings. I don't know how we can physically keep citizens aware
on 50 or 60 Articles.
Mrs. Battin Notify them - it wouldn't be terribly hard on 50 or
60 Articles.
Mr. O'Connell How would you do it?
Mrs. Battin I appreciate their concern and we should somehow let
them know.
Mr. O'Connell Physically, how would we do it?
Chairman Kenney I hear your suggestion.
Ms. Susan Beck I have a public comment of my own. The rest of
us are concerned with the fact that Town Meeting didn't see the pic-
ture last year of what $3,000 could do, and the picture didn't come
until people were upset - and that is what Mrs. Battin is concerned
about. As a member of Town Meeting, it was my understanding that the
appropriation was to grade land that was now open and no removal of
vegetation of any sort. Obviously, legally you are on firm ground but
I am concerned about some of the ways this controversy got started and,
obviously, there is a great deal of room for disagreement as $3,000
can go in a lot of directions. I thought it was simply for grading
and not cutting down things. We certainly feel we have learned a lot
from the plans we have seen and if an attempt is made to put in a
screen, this is important to the abutters, who would not be faced with
paving in the back yard - and tt would be a pleasant view for passers-
by.
Chairman Kenney If there was a misunderstanding on the part of
people at Town Meeting, we thought we would clear it. For $3,000, we
thought the abutters' objections were eliminated and we would stay
away from the abutters. The Director will make sure the sceeening is
installed and the Board would give Mr. McSweeney direction not to go
any closer to abutters than a 35 ft. line. In addition to what has
been done now, there is only one more tree to go.
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Selectmen's Meeting March II , 1974
Mr. McSweeney Two trees, 7" and a 5" tree; we have to have the
40 feet, and we have to remove some vegetation.
Mrs. Miller, 17 Oakland Street I am concerned about timing.
With requests for additional parking space coming up on the Town Warrant
and additional spaces here, we really shouldn't be putting parking
spaces in as we are not sure where they are needed. We really haven't
coordinated our plans.
Mr. McSweeney Mrs. Miller is referring to the League of Women
Voters' assistance to the'Planning Board, and they have done a good
job; but we are well aware of 250 to 300 spaces short, both in long
term and short term parking.
Mrs. Battin When will we have the results of the survey?
Mr. McSweeney Mr. Briggs said it would be in the spring - for
Town Meeting.
Chairman Kenney to Mr. McSweeney You have heard the feeling of
the Board for finishing the project within the terms laid down.
Mr. McSweeney Yes.
The residents retired from the meeting.
The Board discussed a recommendation from Mr. O'Connell of the
creation of an Advisory Council to deal with broad policy matters involv-
ing multi-agency interest and long range objectives and plans. Its
/ functien function would be to review Town-wide problems assigned, and Town
recommend policy, objectives, plans or suitable courses of action to be Advisory
taken by the most appropriate Town Agency or department. Its make up Council
would be- A member of the Board of Selectmen; Chairman of the Planning
Board or a member designated; Chairman of the Conservation Committee or
a member designated; Chairman of the Recreation Committee or a member
designated; Chairman of the School Committee or a member designated;
Chairman of the Appropriation Committee or a member designated, the
Town Manager or his designee; the Planning Director.
Mrs. Battin I commend the Town Manager on his plan; it is a good
move and I would like to see it instituted. I would like to add the
Board of Health as it has Mystic Valley Mental Health.
Chairman Kenney We will write to all and say that the Selectmen
are interested in pursuing the matter and would like their comments and
recommendations.
The Board agreed.
Chairman Kenney read a report from Mr. McSweeney regarding a re-
quest from Mr. John LeBlanc for sewerage on Morris Street, stating that Sewer
the Engineering Department's preliminary studies indicate that this LeBlanc
short section of Morris Street will be included in our FY 75 sewer con-
struction program. All indications are that favorable action is ex-
pected at Town Meeting.
The Board agreed to inform Mr. LeBlanc that Morris Street will be
included in the sewer construction program, pending approval of the
1974 Town Meeting.
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Selectmen's Meeting March II , 1974
The Board discussed a request from the Lexington Youth Soccer
Permit League and agreed to inform them that it had no objection to a
fund drive being conducted throughout the Town, provided it was
properly supervised by adults.
Chairman Kenney read a letter from Temple Isaiah Sisterhood re-
Temple questing permission to conduct a Flea Market on Sunday, May 19, at the
Isaiah Stop and Shop parking lot. Permission had previously been granted for
Flee the Lincoln Street recreation area.
Market Chairman Kenney Mr. O'Connell has been in touch with them and
informed them that the State law prohibits Sunday sales. We will tell
them that the offer of the Town to use the Lincoln Street area still
holds.
The Board agreed.
Chairman Kenney read-a request from Marjorie B. Fine, 52 Eldred
Request to Street, for a grant of $1440 from the Bridge Charitable Fund In order
Trustees to participate in the Washington Workshops Congressional Seminar Pro-
Public gram.
Trusts Upon motion duly made and seconded, it was voted to request the
Trustees of Public Trusts for $100 from the Bridge Charitable Fund for
Marjorie Fine.
Town The Board discussed a request from the American Broadcasting Com-
Meeting pany and agreed to inform them that the Town Moderator has ruled that
Article there will be no TV coverage of Town Meeting during discussion of
Article 108.
Upon motion duly made and seconded, it was voted to certify the'
Cert. of character of the following who have applied for Certificate of Incor-
Incorp. poration
Ronda Finer 9 Flintlock Road
"Dinner Programs, Inc."
Burton L. Williams 17 Dane Road
"Rabbi Joseph Rosen Institute for Advanced Studies, Inc."
Morey Chairman Kenney read a request from Mrs. Ruth Morey for a further
Sewer & deferment of sewer and water betterments on her property abutting
Water Blake Road.
Betterment Upon motion duly made and seconded, it was voted to again extend
Deferment the time for payment of sewer betterment assessment in the amount of
$861.33 and water betterment assessment in the amount of $187.50
levied against property owned by Mrs. Ruth Morey and located on Blake
Road, without interest, until said land or any part thereof is built
r
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Selectmen's Meeting March It , 1974
upon, sold or until the expiration of three years from the date hereof,
whichever event occurs first; provided, however that this extensin of
time shall terminate immediately if the land or any portion thereof is
built upon or sold.
The Board discussed Articles and it was agreed that each member
would assume the responsibility of particular Articles and to research Articles
information for presentation to Town Meeting.
Upon motion duly made and seconded, it was voted to go into Execu-
tive Session for the purpose of discussing, deliberating or voting on
matters which, if made public, might adversely affect the public secu- Executive
rity, the financial interests of the Town, or the reputation of a Session
person. After discussion of matters of financial interest to the Town,
it was voted to go out of Executive Session.
Upon motion duly made and seconded, it was voted to adjourn at
10:30 p.m.
A true record, Attest
3/tVii ‘ >2
Executive Clerk, Selectmen
I