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HomeMy WebLinkAbout1972-08-07-BOS-min 446 SELECTMEN'S MEETING August 7, 1972 A regular meeting of the Board of Selectmen was held in the Selectmen' s Meeting Room on Monday evening, August 7, 1972 at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse and Mrs. Riff in; Mr. O'Connell , Town Manager; Mr McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, five jurors were drawn as follows Chester L. Geissler 214 Lincoln Street David Warren Brooks 140 Reed Street Jurors Peter Alex 20 Lawrence Lane Edward L. Karpinski 24 Wyman Road Herbert Karsh 24 Thoreau Road Hearing was declared open upon petition of Kennecott Copper, Ledgemont Laboratory, for a license for enclosed above ground storage of compressed gas in cylinders and flammable liquids on the premises at 128 Spring Street. A notice of the hearing was inserted in the July 27 issue of the Lexington Minute-man and was sent by registered mail to the abutters listed on the records of the Assessors. Application was approved by Fire Chief Spellman. Mr Lloyd Grace, Manager of Support Operations at Ledgemont Laboratory, informed the Board that the Laboratory had completed Permit substantial facility expansion last year, the staff was expanded Compressed and the work was expanded. Gas It is necessary to keep on hand and use compressed gas and Ledgemont liquified petroleum gas in approved cylinders and quantities of Laboratory flammable fluids in pint and gallon containers. We have reached the level under Chapter 148 and, on this basis, we submitted our appli- cation as a license is required in excess of 165 gallons of Class A and 500 gallons of Class B. A full inventory of our stockroom re- quired us to meet the needs of our people, the maximum we had of Class A and B is at 150 gallons, stored in two different buildings in pint, quart and gallon containers, generally in metal containers. The storerooms are protected by exhaust fans and automatic sprinklers. A license is needed for outside storage of 10,000 cu. ft. of gases and we have in excess of 15,000 in two separate, outside locations and the balance in laboratory facilities. The buildings are vented through openings through the walls immediately under the ceiling on two sides with pipe racks and chains; they are protected by fire detectors and have automatic alarms directly into the Fire Department. During working hours, we have a fire brigade regularly employed. In addition, we familiarize the Lexington Fire Department with where our fire equipment is located. We respectfully request approval of our application for a license. 447 No one appeared in favor of the petition. The Chairman asked if anyone was present in opposition. Mr. Robert Bowyer, 7 Woodcliffe Road Is the storage of gases and flammable material indoors or outdoors? Chairman Kenney it is indoors in specially designed buildings. Mr. Bowyer Is it correct to say there is no exterior storage of flammable material? Mr Grace That is correct Mr. Harry Ritchie, 13 Woodcliffe Road You said you required a license because the law required it; you have 15,000 cu. ft. already, how much do you plan on? Mr Grace We are about two-thirds of the strength of our man- power and we don't see expanding manpower in the foreseeable future. The Fire Department recommended 5,000 gallons, which is about 30,000 cu. ft Mrs Stern, II Woodcliffe Road Would any of these gases be vented into the atmosphere? Mr. Grace The only way is if there was accidental breakage of the valve at the top, it hasn't happened so far Mrs Stern What is the smoke at 5 00 p.m Mr Grace There are two steam boilers at night to heat the building; this is difficult to eliminate. Chairman Kenney The plans have been gone over in some detail by Chief Spellman and have met with his approval 1 declare the hearing closed. Upon motion duly made and seconded, it was voted to giant permis- sion and to issue a license to Kennecott Copper, Ledgemont Laboratory for 5,000 gallons of compressed gas in cylinders and flammable liquids Hearing was declared open upon application of the Boston Edison Co. to lay and maintain underground conduit and manhole on Hartwell Avenue. Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner' s plan, and also filed with the Director of Public Works. Mr. Pratt, representing the Boston Edison Company, said that this petition is to request conduit and a manhole to increase the Boston service in that area; it is coming out of our right of way into our Edison manhole and up a pole. Conduit No one appeared in favor or in opposition of the petition Hartwell Ave. Chairman Kenney read a report from Mr Coscia, Manager of the Lexington Department of Public Works, recommending the permit condi- tions as follows I) Working hours -9 00 a.m to 3 30 p.m. This condition is a must, it will not be altered. Noon time traffic may be a problem. If needed, the Town reserves the right to change the working hours. 2) Trench is to be well lit a night. I 448 3) Police 4) Loam and seed. 5) Bituminous Concrete Patch (as per permit) . 6) Berm - if berm is damaged, Town will determine linear feet of berm to be replaced. Upon motion duly made and seconded, it was voted to approve the following location, as petitioned by the Boston Edison Company Hartwell Avenue, at and northeasterly from Maguire Road, a dis- tance of about 605 feet, - manh©lean;dconduit. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Compamy for the relocation of a pole at 16 Trotting Horse Drive. Notices of the hearing were mailed to the petitioners, owners of the property and the abutter as listed on the petitioners' plan, and also filed with the Director of Public Works. Mr Pratt, representing the Boston Edison Company, said that this petition is at the request of Mr. Walter Pierce to relocate the pole from his driveway to the lot line. Chairman Kenney read a report from Mr. Coscia, Manager of the Lexington Department of Public Works, recommending that permission be granted as Mr. Pierce wishes to relocate the pole for the purpose of installing a two-car width driveway. No one appeared in favor of the petition. Pole relo- Chairman Kenney asked if anyone was present in opposition? cation Mr David Roseman, 17 Trotting Horse Drive, was present and Trotting said he would like to know how that property line was located. Horse Mr Pratt This was done by the Telephone Company and their Drive engineers and we operate by the plan they submitted. Mr. Roseman That property line was shown on the plan as surveyed? Mr. Pratt I would have to check; I would believe so. Mr. Roseman Is there any way I can be satisfied? Mr. Pratt Yes, I will get the information and come back to you. Mr Roseman Will the existing pole be relocated? Mr Pratt It might be. Mr Roseman Is the height of the pole to be the same as the existing pole? Mr Pratt Yes. Mr. Roseman It will be near our bedroom; is there any way to have the light dimmed? Mr. Pratt That would have to comesfrom the Selectmen; we cannot put shields on. Mr. Roseman I would have no objection; if the pole is in fact on the property line, then I would have no objection. Mr Pratt 1 will get back to Mr. Roseman. Chairman Kenney We can approve it subject to the pole being located on the property line. 449 , Ill The Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company and the New England Telephone Company for the following relocation, subject to the identification of the lot line. Trotting Horse Drive Approximately 125 feet easterly from Lot line #16 - one ( I) pole also one ( I) pole to be removed. Mr William Page met with the Board to discuss the possibility of appointing an advisory committee on the question of franchising cable television in Lexington. Mr. Page I talked with Mr. O'Connell as to where Lexington was on this and, as I understand it, you have not granted a franchise. Mr O'Connell commented that he thought the possibility of this happening in 1972 was small . I was glad to hear this and have come CATV to propose setting up an advisory committee to the Selectmen. The company I work for has an interest in the subject but, as of now, my interest is civic, and it has the potential to do with the political , educational and cultural aspects of Town affairs. One point I would like to make is that adjacent towns are looking at CATV. Arlington Town Meeting passed an article for municipally owned CATV, in Newton, the Manager appointed a volunteer study committee; municipal owner; ship was favored. In Wellesley a Selectmen' s Committee has been set up; it was purported in 1972, to recommend a professional study. The type of things which an advisory committee would work on are I , Explore the options for Lexington (what Lexington could do about CATV). 2. Examine the potential , in the political process, in education culturally, etc. 3. Look into the legal and legislative aspects. 4. Examine the costs, income (financial aspects). 5. Look into what other Towns have done and are doing. 6. Come to the Selectmen with a recommendation (bu1 describing all the other options). I would suggest tonight if you feel you want to consider the matter further, and I hope you do, to ask me to talk with the Welles- ley and Newton people. They are the two towns that have had an advisory committee experience. I would find out how they set up the committee and how it worked out, and come back to the Board. 450 Chairman Kenney The attitude of the Board was that because of the legal aspects, we stopped taking applications until they were straightened out. Whether or not we have it in by 1975, I don't know. The Board agreed to authorize Mr. Page to talk with Wellesley and Newton and come back to the Board. Mr. Walter Pierce, 16 Trotting Horse Drive, met with the Board to discuss the composition of the Historic Districts Committee. Mr. Pierce I have personally observed meetings of the Commission and have followed hearings on several buildings, including the Scottish Rites. If the Commission' s powers are to be exercised constructively and for the greatest benefit to the Town, it is my opinion, shared by others, that changes in the composition of the Historic District Com- Historic mission are needed. It is instructive to look at the membership of Districts other Historic Commissions in the Commonwealth and 1 would propose Committee that the HDC Act be amended to require that membership consist of five commissions, residents of Lexington, appointed by the Selectmen from nominations by Lexington Historical Society Planning Board Local Board of Realtors At-large, by the Selectmen Boston Society of Architects Chairman Kenney We have found as a mat*er of practicality, they need a lawyer Mr Pierce That is right; that is a good point. Anyone who has sat in on these meetings appreciates Mr. Jaquith (Chairman) I have talked with Representative Cole and he has indicated he would be happy to sponsor this before Legislature. Chairman Kenney We would need opinions from elsewhere, such as the Historic Districts Commission and the Planning Board. We under- stand what you are saying and will take the matter under advisement as to the next step. Mr. Pierce retired from the meeting. An informal hearing was held on redistricting the Town from 6 to 9 precincts. Chairman Kenney said that the Town Manager has worked hard for the deadline of August 15 to the Secretary of State. Mr O'Connell First, the timetable problem grows out of the fact Redistrict- that the state is proceeding forthwith to do its electoral redistrict- ing ing and has established the date of August 15, 1972. Lexington is not required by the new law to redistrict; certain towns with more than 6,000 population are required to The consequences for not redistricting would be to have two sets of election districts, starting with 1974 To avoid this, the attempt has been to get the job done for Lexington to have new districts serve for the basis of the state redistricting. We have been attempting to do this under a set of criteria We recog- nize that 611 6 precincts are larger than the 4,000 set It grows out of the current need of 1 man-I vote supported by court decisions. 45.1 Criteria used for establishing the number and boundaries of new precincts based on Chapter 735 of the Acts of 1972 and Chapter 215, 1969 (Lexington Representative Town Meeting) . I . Each Precinct shall contain not more than 4,00© inhabitants. 2. Each Precinct shall be a compact and contiguous territory with boundaries (so far as possible) to be the center line of streets, ways or other well defined limits. 3. Each Precinct to contain an equal number of inhabitants as nearly as may be (based on the 1971 State Census) . 4. "The Representative Town Meeting membership shall in each Precinct consist of the largest number divisible by three which will admit of a representation of all Precincts by an equal number of members and which will not cause the total elected town meeting membership to exceed two hundred and four" . In order that each precinct will have an equal number of members as required, the total elected town meeting membership number must be evenly divisible by the humber of Precincts. The number of precincts chosen to meet the above requirements is nine. On this basis, the new elected town meeting would consist of a total of 189 members (9 Precincts of 21 each) all of whom would be elected in 1973. The first third in order of votes received will serve three years, the second third will serve two years and the re- maining third will serve One year. Chairman Kenney The setting of polling places will not be done until after the Presidential Election in November. We have con- sidered the following Precinct I - Harrington School Precinct 6 - Diamond Jr. High School Precinct 2 - Adams School Precinct 7 - Diamond Jr. High School Precinct 3 - Clarke Jr. High School Precinct 8 - Central Fire Station Precinct 4 - Cary Hall Precinct 9 - Maria Hastings School Precinct 5 - Cary Hall Upon motion duly made and seconded, it was unanimously voted to A. Adopt the following executive order ORDERED That the Town of Lexington be and hereby is divided into nine (9) new Precincts conforming with the requirements of pare- graph (a) of Section 6 of Chapter 54 of the General Laws, as amended if by Chapter 735 of the Acts of 1972, bounded, described and numbered as shown on a map presented to this meeting and entitled "Precinct Map of . ��"� the Town of Lexington, Massachusetts Proposed 9 Precinct Plan", a copy I I of which is filed with the minutes of this meeting. 1 , 11 4;; B. Accept the report of the number of inhabitants residing in the year 1971 in the territory of each of the new precincts estab- lished by said Order, and to sign a statement setting forth said numbers as follows Precinct I - 3669 Precinct 4 - 3858 Precinct 7 - 3807 Precinct 2 - 3793 Precinct 5 - 3604 Precinct 8 - 3486 Precinct 3 - 3869 Precinct 6 - 3630 Precinct 9 - 3696 C. Cause to be prepared descriptions of the new precincts as shown on the map described in said Order. The Board agreed to sign a letter to Secretary of State Davoren informing him of the vote of the Board and to enclose the street and precinct map descriptions and the street and (9) precinct map of the Town of Lexington. All are to be given to the Town Clerk to be de- livered to the Secretary of State by the Town Clerk, including 10,000 census cards. (For the record, the Town Clerk delivered the material to Secretary Davoren on August 10, 1972.) Mrs. Hagedorn, President of Town Meeting Members Association, asked if there is a proposed Town Meeting in the fall? Chairman Kenney As you know, the Regional Vocational High School is out for bid and it will be necessary to bond the money. We do not have to call a Town Meeting to disapprove that. It would cost Bid $5,000. We have an election in September and November. Regional Dr Weiss, Town Meeting Member I. would suggest you might send Vocational out a questionnaire to Town Meeting Members. High School Chairman Kenney We were looking for some thoughts. Our ini- tial reaction is to check with Mr. Mollo-Christensen of the Regional Vocational School Committee, and he is not recommending it by any means. My quick feeling is we can save $5,000, and there are no other pressing issues. Mr. Mollo-Christensen We will not have the final numbers for the bond issue before we open the bids. If any bid is acceptable on September 15, at that time we could have a Town Meeting Member Asso- ciation meeting, if after that, they feel it would be necessary to call a Town Meeting, I think a sufficient number of voters could call a Town Meeting within the 30 days of the vote of the Regional School Committee. The Regional School Committee will do everything it can to inform and invite TMMA to do so. We will vote 'September 15 and any legally called Town Meeting within 30 days can meet to disapprove. We will get 65% reimbursement of the principal and interest of con- tract costs and as soon as we sign the contract, we get 15% more on the Cherry Sheet. Chairman Kenney asked the members of the audience what the feel- ing is on having a Special Town Meeting? There was no response from the audience, which consisted of Town Meeting members, Town committee members and interested citizens. 453 IV. IIIThe various groups retired from the meeting. Later on in the meeting the Board agreed that it was nct inclined to call a Special Town Meeting for the purposes of unratifying the Minuteman Regional Vocational School vote. Chairman Kenney read a request from Mrs. Jo-Ann Smoske, 39 Robin- son Road, regarding a permit to board two horses. The letter states that she has only three acres of land and the Town requires two acres per horse. The Board of Health had suggested she write to the Board to ask that since her property borders ten acres of conservaticn land, she may be able to use this land as additional acreage. The lard will not actually be used so she is sure there would be no liability involved. She would appreciate a decision on this. A report from the Board of Health was read, stating thrt the property at 39 Robinson Road (which has changed twice in th last few Smoske years) has had a permit to keep two horses. In 1971, new r gulations Permit for requiring two acres per horse were adopted. In some instan es where Horses there is not enough land, the Board of Health has given app oval to keep horses, if the applicant can obtain permission to use nough con- tiguous land to meet the minimum land requirements. While he appli- cant may or may not use this land for the actual use of the horses, it does allow for the desired setback from property lines a d occupied dwellings. This is the first time that other than private and has been involved. After discussion, the Board agreed to inform the Board of Health I of the following decision Upon motion duly made and seconded, it was voted that the Board has no objection for Conservation land to be used for purposes of meeting acreage requirement established for the keeping of horses. However, this is with the distinct understanding that the l,d is to be considered for purposes,of meeting the setback requirements but is not necessarily to be actually used by the horses. Upon motion duly made and seconded, it was voted to sign the license for weekdays and Sundays for Lexington Theatre, (Le) ington Theatre Theatre, Inc.) Massachusetts Avenue, Lexington. Licenses Chairman Kenney read a request from Arthur D. Marlin, '4 Grant Street for warning signs in his area indicating children at play.. Traffic Upon motion duly made and seconded, it was voted to refer the Grant St Marlin request to the Traffic Committee for a recommendatior . Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting of June 26, 1972 Executive Session; Minutes June 28, 1972 Special Meeting; July 10, 1972. The Board discussed the State Primary to be held on September 19, 1972. State I Upon motion duly made and seconded, it was voted to set the Primary polling hours for 7 00 a.m. to 8 00 p.m on September 19, 1572 454 Upon motion duly made and seconded, it was voted to sign the Warrant for the State Primary to be held on Tuesday, September 19, 1972 Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works and to sign the following water abatements: John McNichols 5 Rowland Avenue $ 7.00 Wrong billing Water Arthur Shipe a Jackson Court 100.00 Wrong billing Abatements Occupant Acct. 185 Bedford Street 135.80 Wrong billing Douglas Smith 7 Henderson Street 4.36 Incorrect reading John Porter 455 Lowell Street 66.41 Meter read wrong John Burtch 684 Lowell Street 8.75 Wrong billing Town of Burlington North Street 9. 18 Bill figured wrong Paul Hurney Sewer House 135.27 Contractor Error 6 Thoreau Road Conn. #7 For the information of the Board, Chairman Kenney said that rep- MBTA resentatives of the Massachusetts Bay Transportation Authority will Meeting conduct a meeting on Tuesday, August 8, at 10 00 a.m. in Cary Memorial Hall to discuss bus service in various communities that were once serviced by the Middlesex and Boston Street Railway Company. Mrs. Riff in is to attend the meeting . Chairman Kenney said that we had received a letter from Dr. Kessler regarding the possible availability of state-owned land at the Metropolitan State Hospital . We have written to Dr. Ebert, Chairman Possible Land of the Land Use Commission of the Department of Mental Health, inform- Acquisition ing him that the Board would be pleased to arrange a meeting, through Metropolitan our Conservation Commission, to further discuss the possibility of State Hosp. acquiring some of this land. A letter was received in reply recom- mending a meeting with the Selectmen, the Trustees and Dr. McLaughlin, Superintendent of Metropolitan State Hospital, then, if some agreement can be reached on possible lands for transfer, it would be appropriate for the Land Use Committee to enter into the discussion to evaluate this use in light of land use plans for the entire institution. Mrs. Riff in This is a policy that has been adopted across the State by the Department of Mental Health. They are reducing the amount of land and the Department of Natural Resources has been called into it. The Board agreed that Chairman Kenney is to write to Dr. McLaughlin to set up an appointment with the Trustees of Metropolitan State Hospital . Chairman Kenney informed the Board that a reply has been received from Mr. Legro, Town Counsel, regarding the request of the John Kerry Kerry Committee for permission to set up a table for bumper stickers and Request buttons to be sold on the lawn in front of the Visitors' Center on the Buckman Tavern. It is Mr. Legro's opinion that the proposed use of 455 the Buckman Tavern grounds for the sale of political stick rs and buttons cannot be made without permission from the Selectm n; that a permit for such use is neither expressly authorized nor pr ibited by the General By-Laws; and that the determination of the ppropri- Kerry ateness of the use and the decision as to the effect of th granting Request of one special permission are matters of policy. After discussion, it was agreed to deny the request. Upon motion duly made and seconded, it was voted to d ny the re- quest of the John Kerry for Congress Committee because it nould be an inappropriate use of prime historical Town property. The Board discussed and agreed not to submit an opinion to the Interfaith Board of Appeals regarding the petition of the Interfaith Corpora- Corporation tion. The Board discussed a request from the residents of Wyman Road for a connection to the Town sewer system. A report from the Director of Public Works/Engineering Division Wyman Road was read stating that the trunk line is available for Wyman Road to Sewer Con- tie into. We would have to extend a line from an existing sewer man- nection hole on the trunk line through a portion of the Baskin playground to Request Wyman Road and then put the main line in the street. The Board agreed to inform the residents of Wyman Road that t formal sewer petition will be sent in the fall , which will list betterments to be charged to the abutters. If this petition is signed and returned to the Engineering Department, conside ation will be given for the 1973 sewer budget. Chairman Kenney read a letter from Dr. Fobert, Superi tendent of Schools, stating that the School Committee unanimously vot d the following "To tell the Selectmen that the piece of Jand i question Vetter does not need to be held for school purposes provided Cher is an Request easement or access to the Adams School Recreation Land " is vote House Moved was in reference to a request by the Vetter family who wis to use a section of the Town-Owned land to relocate a house previou ly situated on the corner of Massachusetts Avenue and Marrett Road. The Board agreed to inform Mr. Vetter that action wil be post- poned until the next Town Meeting; at which time, it will be given consideration and the matter will be discussed with him. Upon motion duly made and seconded, it was voted to gc into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the,-reputztion of a Session person. After discussion of matters of Town interest, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 15 p.m. A true record, Attest ;151) . Executive Clerk, Selectmen