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HomeMy WebLinkAbout1970-06-29-BOS-min 1 1 SELECTMEN'S MEETING June 29, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room of Cary Memorial Hall on Monday evening, June 29, 1970, at 7 30 P.M Chairman Cataido, Messrs. Mabee, Kenney, Greeley and Bailey were present Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mr. Burke, Superintendent of Public Works; Mr. Manuel Coscia, Superintendent of Construction and Mrs McCurdy, Executive Clerk, were also present. Hearing was declared open upon the petition of Ralph Gaklis, Gold Star Nursery, for a license for a 2,000 gallon underground gasoline tank on the premises located at 1265 Massachusetts Avenue A notice of the hearing was inserted in the June II , 1970 issue of the Lexington Minute-man and sent by certified mail to the abutters as listed on the records of the Assessors. Application was approved by Chief Spellman of the Fire Department Mr. Frank J Rando of Bonded Oil was present and said that he and Mr. Arthur Gaklis would answer questions. The Chairman said that the application states that it is for a 2,000 gallon gasoline tank for private use only for your operation. The location is behind the furthest building from Massachusetts Avenue How many pieces of equipment do you have? Gold Mr Gaklis said that they pump five pieces of equipment now; they Star are buying from a local gas station. Gasoline Mr Kenney asked how often they refill the tank? Hearing Mr Gaklis replied that it is a seasonal thing; in the Spring, every two weeks. Mr. Kenney asked if there was any great increase in trucks? Mr. Gaklis replied in the negative Mr Greeley asked if when he says there are five trucks, are there other trucks identified with the same company using this? Mr. Gaklis replied, two or three trucks and tractors; just for the vehicles that are garaged and operate there. The Chairman asked if anyone in the audience had questions? Mr. Wathan-Dunn said that the petitioner is not the owner of the land and he questioned if there is any legality involved; who should be making the application? It seems to me the owner should be making the application The Chairman said, no, Bonded Oil and the owner have nothing to do with the landlord; it is nothing unusual for the permit to be issued to the tenant. Mr. Lewis Aronin, 20 Ingleside Road, questioned the notice; that the petitioner is Ralph Gaklis and you announce Arthur Gaklis. The Chairman said that the signature is Ralph' s and Arthur is here representing him. l20 Mr Aronin asked is there two Gaklis, - one from Gold Star and the other from the Nursery Arthur Gaklis said, just one. The Chairman said that the petition is signed by Ralph Gaklis. Mr. Aronin asked if we are to understand the advertising is in error? The Chairman said that the advertising is not in error; the application is improperly signed. The Chairman asked if anyone would like to record himself in opposition to this application? Mr. O'Connell said that a letter from the Planning Board has just arrived. Mr Wathan-Dunn said that it seems that this is about the size of the tank. I have made some inquiry and found that Agway has been advertising tanks for home consumption and the largest one is 1 ,000 gallons. The Chairman asked if his objection would be strictly on the size of the tank? Mr Wathen-Dunn said, yes, the size, the crux of the matter is the business operation it would eventually become. Mr Wathan-Dunn was recorded in opposition to the size of the tank. Mr. Aronin said he was in opposition The Gold Star Nursery has brought in extensive trucking to the neighborhood and the hours are illegal ; I do not believe the Board should sanctify this opera- tion by approving a tank, whether or not their legal wording is correct This is for a private use and I believe the gasoline would service trucks, Mr. Dennis Speliotis, 22 Ingleside Road, said he would like to make a correction, the abutters were not notified The Chairman asked him where his lot is? Mr. Speliotis said that it was directly attached to the proper- ty on the south side. The Chairman asked if he was familiar with the area that the Gold Star has leased? Mr. Speliotis replied, no, he was abutting the nursery. The Chairman said that the legal list of abutters is as follows and they were notified Benjamin Franklin Homes, Inc.; Gold Ribbon Farms, Boston and Maine Railroad and .Anthony R. Cataldo. You are probably abutting Gold Ribbon Farm. Mr. Speliotis said that my basis is on the grounds that the size of the tank is inconsistent with the size of the nursery and I would be suspecting that perhaps it would be used for their commer- cial purposes. Mr Aronin said that he was in opposition to the approval of a tank of that size; it was much too large for that kind of operation and would lend itself to a commercial operation,. The Chairman said that he would make a comment, as you object to the size of the tank Gold Star, if given a permit, cannot sell gas if the Board saw fit to grant this. To restrict this to one- half could mean twice as many deliveries for the equipment 12.1 Mr Franklin Fink, 6 Ingleside Road, was in opposition to the rants of the permit for thereasons g ng Mrs Sam Silverman, 18 Ingleside Road, said she would voice an objection to the tank. I don't know anything about the appropriate size but there are lots of questions about the safety of gas tank storing. I am sure the Board would take this into consideration. If granted, it would give recognition to wholesale business on that property. The Chairman said to keep the issues separate, Mrs. Silverman said if you recognize a wholesale business by giving a tank, the objection is, before a tank is granted, one should clarify the status of the business. I would like to request that the Board advise me on what appropriate action to take to clarify the grounds of a wholesale business established there. The Chairman said that for the purpose of this hearing, we will record you in opposition to the tank. As far as how your questions can be answered, meet with Mr O'Connell to get these answers. Mr. Ephram Weiss, 462 Lowell Street, said that I consider my- self a neighbor of this area as well as all other areas. I question the appropriateness of you sitting on the Board in this hearing. You know why. The Chairman said that the record will show your objections. Mr. Weiss said that I would like to be recorded in opposition to this. It is quite inappropriate for this type of business going on If I were to engage in several operations and have a parcel of land in Lexington and it is convenient for me to have a wayside stand and have all kinds of trucks come to this land and the whole operation would be owned by me The way this business has grown, it has been insidious They chiseled away at things by bits and pieces and the Board of Selectmen are the bystanders. You have two former members of the Planning Board and they know how zoning changes by bits and pieces into a separate piece of operation. I differ with you and don't think you have the proper perspective to judge at this time Mr. Sam Silverman said that I don't think I have to add to the reasons I am in opposition. There are two questions ( I ) there is already a gas pump on the property; is that a different tank or the same tank that permission is being asked for? (2) what is the purpose that this tank is being used? Has it been made clear what this is? If this is the area designed to end up a truck park, or what? If any questions about the use which is intended for that area, that they will be cleared up Dr. Edmond Charrette said that I am opposed for the reason so well outlined What has the Planning Board issued, 1 would like to know The Chairman said that we have just received the letter from the Planning Board and it will be read into the record. Mr Anthony Fiore, 21 Ingleside Road, said that I am opposed to the tank. I question the zoning by- laws that this is allowable for this tank; there is one tank there now and another tank is sup- posed to be issued. It is strictly commercial and I can't see it. l _ 122 The Chairman read a letter received from Mrs. Martin Sussman, 1361 Massachusetts Avenue, as follows " 1 wish to be recorded in opposition to the granting of per- mission to install a gasoline tank for the storage of fuel at the Gold Star Nursery, a wholesale operation, 1265 Massachusetts Ave- nue A conservative estimate indicates that such a tank would permit the daily refueling of approximately 40 trucks. In my opinion this would strengthen the commercial use to the already increased truck traffic along Massachusetts Avenue, which is a residential and historic area." The Chairman declared that part of the hearing closed. The Chairman asked if anyone wished to be recorded in favor? No answer. The Chairman said that we have the application approved by Chief Spellman and a letter from the Planning Board, dated June 29, is as follows "The Lexington Planning Board has noted that Gold Star Nursery, 1265 Massachusetts Avenue, has applied for a permission to store underground 2000 gallons of gasoline at the above location. The Planning Board wishes to be recorded as being strongly opposed to the granting of such permission for the reasons listed below' I . In the opinion of the Plarming Board, the recent expan- sion an- sion of the operations at this location beyond that encompassed by the annual "temporary" permits of the Board of Appeals con- stitutes a violation of our By-Laws, and no additional permits should be granted until such violations are corrected To do otherwise would be to indicate an acceptance of the unauthorized expansion. 2. While farming is a generally permitted use and the Board of Appeals has annually permitted additional operations, such as food processing and sale of certain non-farm products, the present operation goes far beyond anything that was permitted or ante- dated our zoning. Such unauthorized expansion includes, among Other items, the sale of power tools and implements which are likely to make use of the gasoline proposed to be stored. 3. It must be borne in mind that this is a residential area and that the proposed storage of 2000 gallons of gasoline is not only another step in creating a major retail-industrial operation at 1265 Massachusetts Avenue, but a possible hazard to the neigh- borhood as well . The sketch submitted with the petition does not accurately fix the location of the storage tanks or their proxi- mity to Ingleside Road residences. 4. The entire area of the premises at 1265 Massachusetts Ave- nue, including the driveways, building, sales and storage areas, is only 14 acres and the volume of gasoline to be stored appears to be entirely out of proportion to the relatively small area still in agricultural use. 123 The Planning Board hopes that the requested permit will be denied by your Board." Mr. Greeley said that he would ask Town Counsel the appropriate- ness of action by the Board on the application that carries on its face where called for, the signature of a name that doesn't exist; that whoever did sign wasn't quite sure who the petitioner was Mr. Legro said that whether anyone was mislead; whether it was a material fact; whether if was in error; whether it was a corporate name; I would have to know before giving an answer. Mr. Kenney asked how much of a hardship it would be if, sup- posing, it was a 1 ,000 gallon tank? Mr Rando replied that any Fire Chief requests a larger stor- age tank for delivery The most dangerous time is when delivering gas. When you have a 1 ,000 gallon tank would have no bearing on it whatsoever. Mr. Kenney asked how many times he estimated filling the tank? Mr Gaklis said that in the Spring, it would be twice a month; in the Summer, once a month, in the Fall, about in between, maybe once or once and a half; in the Winter, once every two months. Mr. Rando said that if they put a 1,000 gallon tank in there, they would have to go 40 times Mr. Kenney asked if you go in the Spring every two weeks, you would have the capability of using 400 gallons apiece? Mr. Gaklis said that is what I would estimate in the Spring. The Chairman declared the hearing closed. The Chairman said that the record will show that I will dis- qualify myself from voting Later on in the meeting, the Chairman said that, ordinarily, when we have a public hearing the Board takes the matter under ad- visement and we generally leave it to the last item. I will dis- qualify myself although I am not related to the applicant and have no connection with him The Board will discuss it now. Mr. Cataldo disqualified himself and left the meeting Upon motion duly made and seconded, Mr Mabee was voted as Acting Chairman. The Acting Chairman said that we had the hearing at 7 30 on the application for a 2,000 gallon gasoline tank. The hearing was held and the hearing was closed. What is the Board' s pleasure? Mr. Bailey said that in view of the fact of the confusion of who is the applicant, I would move to deny until we receive a properly executed application Upon motion duly made and seconded, it was voted to deny the application of the Gold Star Nursery for a 2,000 gallon underground gasoline tank because the application was improperly filed. Hearing was declared open upon the petition of the New England Telephone Company to lay and maintain underground conduit on Bed- ford Street 1_24 Notices of the hearing were mailed to the petitioners and owners of the property as Listed on the petitioner' s plan, and also filed with the Town Engineer. Mr. Robert Dunn, representing the Telephone Company, was pres- ent and said that this is a conduit petition from the Telephone Company for a service connection to the Chalet Susse. Bedford Bedford St. Street is a state road and we had to make application to the State Underground also We will tunnel under the street and lay 220' of conduit Conduit along Bedford Street to feed service to the Chalet Mr. Coscia, Construction Superintendent, informed the Board that the petition is approved by the Town Engineer. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed. Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following location: Bedford Street (state highway) From M.H. 54/112, north- westerly approximately 220' of underground conduit. Hearing was declared open upon the petition of the New England Telephone Company to lay and maintain underground conduit on Adams Street Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioner' s plan, and also filed with the Town Engineer Mr Robert Dunn, representing the Telephone Company, was pres- ent and said that this is a petition for underground conduit on Adams Street to Myrna Road at the Burlington line and for connec- tions running up the side streets to the first pole in that Adams St direction; the petition is to relieve the area It is a I2-duct Underground operation and most of it is in the sidewalk, although we do have Conduit to cross over when there is a water or gas main. The sidewalks will be restored to the condition they are right now, and the Engineer and Town officials will bring the sidewalks up to the grade Mr. Bailey asked when they would start construction? Mr. Dunn replied that they would be able to start next week and it will be about a two months' job for the temporary work and within two months after that, they would be permanently restored. William Stern, 10 Adams Street, asked to be recognized as he would like to look at the plan. The Chairman instructed Mr. Dunn and Mr. Coscia, Construc- tion Superintendent, to show the plans and explain the details. Many residents of the streets involved looked at the plans. Mr. Coscia informed the Board that the petition is approved by the Town Engineer. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed. I 125 Upon motion duly made and seconded, it was voted to grant permis- sion to the Telephone Company for the following location Adams Street From M.H 54/ 179, northerly and easterly, approximately 5294' feet of underground conduit, also, seven (7) manholes 54/204; 54/205; 54/206; 54/207; 54/208; 54/209; 54/210. From Point A to Point C, plan #I , easterly approximately 35' feet of underground conduit. From Point A plan #2, easterly, approximately 35' feet of underground conduit. From M.H. 54/206, westerly, approximately 35' feet of underground conduit From M.H. 54/208, easterly, approximately 40' feet of underground conduit From Point H, easterly, approximately 60' feet of underground conduit. North Street From Adams Street, westerly, approximately 155' feet of underground conduit. From Adams Street, westerly, approximately 60' feet of underground conduit. Meriam Street Easterly, from Adams Street, approximately 100' of underground conduit. Coolidge Ave. Westerly, from Adams Street, approximately 30' feet of underground conduit. Woodland Rd. Easterly, from Adams Street, approximately 108' feet of underground conduit. Hathaway Rd. Westerly, from Adams Street, approximately 47' feet of underground conduit. East Street Westerly, from Adams Street, approximately 168' feet of underground conduit Emerson Rd. Easterly, from Adams Street, approximately 102' feet of underground conduit. Millbrook Rd. Westerly, from Adams Street, approximately 190' feet of underground conduit. 126 Westwood Road Westerly, from Adams Street, approximately 30' feet of underground conduit. Myrna Road Westerly, from Adams Street, approximately 12' feet of underground conduit. Representative Lincoln P. Cole, Jr met with the Board. He said that the Board had requested information on the MBTA financial statement and $300M. is the bond issue we are looking for Surface Car Lines $ 44.4M Station Modernization 7 3M Bus Garages I5.6M Power Improvements 7 6M Improvements in Engineering-Charlestown and Everett 5.6M Bus Purchase - 100 new buses each year for six years 22.2M 32 Cars for East Boston Line 6.3M South Shore Extension 39 M Southwest Corridor to Route 128 or the Harvard-Alewife Subway 184 M Representative Cole said that no determination has been made as yet The chances of going through the Legislature this year are very slim because it would mean new taxes, either sales or income taxes; being election year, very few representatives would vote for it. The Chairman said that our costs are substantial and we have MBIA only one train, plus the Middlesex and Boston What is the date on the M & B? Mr. Cole said that it was extended one year; the contract with M & B was approved for one year, until July. The Chairman asked what would it do to our charges, would they be increased? Representative Cole replied, yes. The alternative is a dis- agreeable one because the M & B would not provide the service the MBTA would have to provide at approximately double, about $2 M. to provide service out here. The Chairman said that we have one train at 7 30 A.M. and one at 6 00 P.M What is the possibility of getting more? Representative Cole said that he had been working on this; you may get two or three. Mr Greeley asked if they do extend the Harvard-Alewife sub- way, are there detailed plans as to what it would do to revise service to Lexington? Representative Cole replied there are no bus groups from the parking area down by Arthur D. Little and there should be buses from here to there. Mr. Greeley asked if there are plans for a significant parking area - general plans? 127 Representative Cole replied that there are general plans There were no other questions from the Board. The Chairman informed Representative Cole that we still want legislation filed for the sidewalk and we are confident you will file it for us. Representative Cole said that he would file it; he retired from the meeting. Mr. O'Connell informed the Board that a request has been re- ceived from Mr. Hilton, Director of Cary Memorial Library, to have the parking lot, formerly the Douglass property, and the Library parking lot blocked off to parking on July 6 at 7 30 or 8 00 A.M. The Library has arranged to have the Zoomobile from the Boston Zoological Society come to the Children' s Library from 2:.00 to 4 00 P.M. on that day and a good crowd is expected Library Mr. O'Connell said that he felt this request should come to Request the attention of the Board as this is the parking area used for store purposes When I asked Mr. Hilton why the lots should be closed all day, he pointed out that much of the parking is for all day. Upon motion duly made and seconded, it was voted to grant the request of Mr. Hilton to block off the parking lot at the former Douglass property and the parking lot for the Library before 8 00 A.M on July 6, 1970 Mr. O'Connell informed the Board that he has received a re- quest from Mr. Luongo regarding tax title lot 53 (recorded lot 96) Valleyfield Street. Mr. Luongo is interested in buying it to annex to his lot. The Planning Board has been asked for a recommendation and a letter, dated May 21 , 1968, was received from that Board stating that it would have no objection provided the two lots are combined into one so that lot 53 will not be available as a sepa- Luongo rate substandard building lot. Tax Title Mr. O'Connell said he believed since that time that other plans have been made to provide a playground at that end of Valley- field Street The Chairman asked if the lot had gone out for bid? Mr. O'Connell said that it was his understanding the Board asked for information and it was never followed up The Chairman asked if Mr. Luongo was agreeable to joining this to his lot? Is this condition acceptable? Mr. Luongo was present and said that he agreed to the condition; he would like to build a breezeway and a garage for his home. Mr Mabee suggested an updated opinion from the Planning Board Mr O'Connell agreed to have a report ready for the Board at the next meeting on July 13. Mr O'Connell discussed the "Old Res" and said that the re- sults of the study on the problem of operation of the facilities "Old Res" and how to operate with maximum safety have been completed. The installation of the facilities is now complete except for placing of the sanitary units and a telephone line now being installed. He recommended that the pool open on July I , subject to the exist- ing Park Regulations The Recreation budget provides $7260 for the water safety staff but no money has been provided in the budget for any other manpower needs The operating and security schedule proposed would require approximately 130-manhours per week of watchman service; at an average hourly cost of $3 50, the labor cost for a 10-week season would be $4,550. Approxi-- mately $ 15,000 has been spent up to May, 1970 for the one-season trial agreed upon; the total cost of this phase will not exceed $20,000 The Appropriation Committee has been informed of the increased operating costs and, if we have a successful program during the first weeks, they may be favorably inclined to approve an additional request for $5,000. The Chairman asked how long a program it would be? Mr O'Connell replied, six to seven weeks, as against ten weeks The recommendation is to close the swimming area at 8 00 P.M. and the general area at 9 00 P.M. The Chairman asked how he intends to police the 300 bathers? Mr. O'Connell said that swimming tags had been sold and Mr. Bertini will count people in and out. The Chairman asked who would control the crowd waiting to get in? Mr Bertini was present and said that we have had that situ- ation at the pool in the past years and people had to wait. We have cleared the pool and let the other half in He saw no prob- lem controlling the crowds and would accept the full responsibility. The Chairman asked how many swimming tags had been sold? Mr. Bertini replied, over 4,000. Mr. Greeley asked if there were provisions for a communica- tions setup? Mr. O'Connell said that the box was connected with the Fire Department. Chief Corr has assured us of frequent patrolling by the cruiser. The Chairman read a letter from the Chairman of the Recrea- tion Committee, outlining the procedure for the operation of the swimming program and recommendingthe area as a park area and changing the closing hour from 10.00 P.M. to 9 00 P.M. Anyone found in this area after 9 00 P.M would be subject to prosecu- tion to the full extent of the law. Mr. Gallagher was present and said that as far as the number of people was concerned, they would be able to be controlled. The Chairman asked the Board' s feeling? Upon motion duly made and seconded, the following was voted I . The "Old Res" would open on July I, 1970, based on- the operating plan and safety standards submitted by the Town Manager. I L 129 2. That the area be designated as subject to existing Park Regulations, as requested by the Recreation Committee 3. That the closing hours for the swimming area at the "Old Res" be 8 00 p.m. and 9 00 p.m. in the general area The Chairman read a letter from the Recreation Committee recom- mending the closing time of all recreation areas be 9 00, instead of 10.00 p.m., due to the extreme cases of vandalism in the Town. This would include all playgrounds, parks, Willard' s Woods, Center Pool, Reservoir, etc. The lighted basketball and tennis courts would be exempt and close at 11 00 p.m The Committee recommended publish- ing a letter in the Minute-man stating the new closing hours and that any violation of the new time law would be subject to prose- cution according to the law. Mr. Gallagher said that we have had many calls relative to youngsters having parties and raising cain at Willard' s Woods, the playground area and, in particular, the "Old Res" and we feel that the areas should close at 9 00 p.m as it will be a lot easier for the Town to properly supervise the areas. Mr. Kenney said that if we wish to authorize hours beyond that, we could do it at special times Mr. Greeley said that we shouldn't include Emery Park The Chairman agreed. Mr. Gallagher said that they are primarily interested in clos- ing the recreation areas The Chairman said that they would have to specifically name the areas or do it across the board. Mr Greeley didn't think the citizens know which areas are under the Recreation Committee. The Chairman recommended that the Recreation Committee get together with Mr. O'Connell and come up with specific language; check with Town Counsel to see how it should be legally adjusted and be able to prosecute the people for a violation. Mr. Gallagher asked what is the designation of the OOld Res" now and how the Town statutes cover it? The Chairman said that it was just basically considered as Town owned. Mr. Legro said that it was Town owned under the Board of Select- men. Mr Gallagher said that he would ask that the "Old Res" be de- clared a park; we may not be able to enforce the regulations. Mr. Greeley said that we could vote specifically that the "Old Res" be closed at 9 00 p.m The Chairman said that the Board just voted it. Mr. Legro said that when this is referred to me, he wanted to make it clear, it will contain a list of the areas you want included; probably many of them are under the control of the Selectmen The Chairman agreed. 11130 Y Mr. O'Connell distributed to the Board a report on the study of costs for providing a leaf pickup service as part of the plan for banning open burning. He enclosed copies of the state regulations 7 through 52 of the Air Pollution Regulations. Although the open burning ban is effective In July, 1970, this will not apply to Lexington at this time since it does not have municipal refuse Leaf collection. He recommended that we proceed with steps to elimin- Pickup ate leaf burning as a major step toward the complete open burning ban by July I, 1971 . Mr Kenney wondered if there should be a basic policy deci- sion made by the Board or if they wished to wait? Mr O'Connell said that, in essence, this memo makes an esti- mate of what leaf pickup services and patrol would cost this fall if Lexington chose to ban leaf burning; so the Board would have an opportunity if it wanted to further restrict its own regulations to provide leaf pickup. The Board agreed to discuss leaf pickup at the next meeting on July 13, 1970 Mr O'Connell read a letter from the Bedford Air Force which Hanscom stated that the Electronic Systems Division will conduct an open Field house and air show at Hanscom Field on Thursday, August 6, 1970 Thunder- and will feature a performance by the Air Force Thunderbirds, a birds jet aerobatic team. Although it will hold the interest of all age groups, it will be especially appealing to youth groups. The Board agreed to refer the letter to the Town Manager and the Recreation Director Mr. O'Connell read a letter from the Mayor of Brockton in- forming us that a meeting of all mayors will be held in Waltham Mayors on July 2, 1970 at 130 p.m. and he is requesting representation Meeting of Lexington. The Board agreed that Mr O'Connell would attend to repre- sent the Town. Mr. O'Connell reported that the petition of Bedford peti- GCA dents, sent to us by the Bedford Selectmen, regarding G.C.A. testing of nerve gas is essentially, an historical matter and possibly some precautions should be taken. The Board agreed but did not discuss the matter. The Chairman recognized merchants from Lexington Center in the audience Lexington Miss Agnes Bongiorno of Craft Cleaners and Mrs. Doodlesack of Center Reed' s Drug Store were present. Sidewalks Miss Bongiorno said that we have a problem and we hope you will help solve it Construction in the center is hurting the merchants a great deal First of all , they started excavating sidewalks and it is hard for cars to come in and park in Edison Way, and buy or whatever they want to do in our stores. I spoke to Mr McSweeney about the truck in Edison Way and 1 131_ Ill didn't see the truck move; Edison Way is blocked Mr. Doodlesack couldn't get in to open up his store and one customer had to park at Sears to bring cleaning in. We are being hurt and don't see any improvement in widening the sidewalks The Chairman asked if they are at the meeting because of the job the Public Works Department is doing? Miss Bongiorno replied, yes. The Chairman said that you say you called the Town Hall and complained? Miss Bongiorno said that she did. The Chairman asked if it was for Edison Way alone? Miss Bongiorno said that it was blocked from Massachusetts Avenue, cars have a hard time making the left turn The Chairman asked if she was saying the line of traffic is such they cannot get through to make the turn or the Town equip- ment is parked in such a way that they can't. Miss Bongiorno replied both The Chairman asked if it was a Town truck or Edison truck? Miss Bongiorno replied that the Town trucks are on one side and the Edison trucks on the other and cars cannot get into the parking lot The Chairman said that if this is the case, if our trucks have to be parked in such a way to take a lane, there should be no parking. We will make every attempt to keep our vehicles out of Edison Way. Mr. O'Connell will check it and if he finds you can't make a left turn, there should be someone stationed there. Between this construction and Harvard Trust, there is a problem As far as the store front is concerned, we will make every at- tempt to keep it open so that the customers can get into the store. If they schedule work in front of the door, they should start earlier I think these people should not lose their cus- tomers and we don't want to be responsible for that. Miss Bongiorno said that we would like a policeman there. The Chairman agreed; he said that he didn't know if one would be required there all day. Mr. O'Connell said that he would look into the situation The Board agreed that he shouid. Mr. Kenney asked how long is the construction duration? Mr. Burke answered that we will be two weeks; the Telephone Company will be there for two or three days and Engineering will do the concrete and brick work. Mr. Kenney asked if we could request that once the work is completed, if there is backing up of cars and the cars can't make a left turn, should it be referred to the Traffic Committee The Chairman said that the whole thing is referred to them now. Miss Bongiorno said that the fact that the sidewalk is widened makes it difficult for someone coming down to make a left turn and I would appreciate it if you would eliminate parking at the two meters on the right hand side as you make the turn L 132 The Chairman said that we hate to eliminate parking spaces. If it is that the Edison Truck is making delivery, we will have to talk with them to get that truck to the back door. Miss Bongiorno said to take the meters out and we will get more parking spaces. Mrs. Doodlesack said that, normally, the truck is there from 12 N to 100 P.M. The Chairman said that he guaranteed it won't happen again. Mr. Joseph Driscoll of the Gift Shop said that he happened to be in a strategic position to watch the traffic and this after- noon a woman was attempting to make the left turn and the line wouldn't let her through and she couldn't do it so she continued on Massachusetts Avenue. Edison Way is the only access and be- cause of the shutoff at Trani ' s, this does not permit access to the municipal parking lot, and it might help to have a police officer to help people getting in. The Chairman said that we have asked our Traffic Committee to look at the total picture and they are looking at the possibility of making Edison Way 2-way By the time construction is over, they will come back to us with the recommendations and we will get most of the problems and questions ironed out. Miss Bongiorno asked if it would be better if they did it now? The Chairman said that what we decided to do is the better way. A young lady asked if this would be discussed at an open meet- ing? The Chairman said that the Traffic Committee would be happy to meet with her at any time. The Board agreed that Mr O'Connell is to check the traffic situation at Edison Way the following morning. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect Session the public security, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. Chairman Cataldo disqualified himself and left the meeting. Gold Star Mr Mabee was voted Acting Chairman and conducted the meeting Nursery to discuss the decision on the application received from the Gold Star Nursery for permission to install a 2,000 gallon underground gasoline tank Minutes covering the discussion and vote are re,- ported on page 119 of this meeting. Mr Mabee, Acting Chairman, requested the Board to discuss Seasons the Minutes of June 3, 1970, regarding the petition of Tower Park four residents requesting assistance of the Board regarding the business 1 3 being conducted at 1265 Massachusetts Avenue and requested compliance of those conditions stipulated by the Board of Appeals, such as the floodlights, entry and exit of trucks, and the hours of operation. Upon motion dulymade and seconded, the Board voted to amend the P minutes of June 3, 1970 as follows The Board agreed not to press for action on the violations, pending the outcome of the Board of Appeals hearing. However, it was agreed that a strong letter should be written to the Board of Appeals placing the Board on record as opposing the granting of amendments to permits when such amendments tend to legalize existing violations, and, specifically, recommending that the Seasons Four petition not be granted Mr. Cataldo was not present and did not vote. Mr. Mabee, Acting Chairman, requested the Board to discuss a letter to be sent to the Board of Appeals regarding the Arthur Gaklis hearing held by that Board on June 30, 1970 Upon motion duly made and seconded, it was--Doted to send a let- ter to the Board of Appeals strongly recommending that the petition to amend the permit granted in 1968 to Arthur Gaklis be denied. We believe that legalizing current violations is an undesirable course to follow because such action tends to weaken the position of the Board of Appeals and the enforcing authority; and encourages viola- tions by other permit holders. As a practical matter, preventing violations by other permit holders can probably most effectively be accomplished by your Board simply denying petitions to renew or to amend in those cases where violations have been specifically identified. We hope this petition will be denied. Mr. Cataldo was not present and did not vote. Mr. Cataldo, Chairman, came into the meeting. Upon motion duly made and seconded, it was voted to adopt the recommendation of the Alcoholic Beverages Commission that Package ABC Stores may open at 1 00 p.m. on July 4, 1970, motels, restaurants July 4 and clubs may sell alcoholic beverages during the usual hours on July 4, 1970 The Chairman read a letter from Gardner C. Ferguson, President of the Lexington Federal Savings & Loan Association, stating that there is a hole in the sidewalk in front of the property at II Request Muzzey Street as the result of the removal of a tree. Upon motion duly made and seconded, it was voted to refer the letter from Gardner Ferguson to the Town Manager for the proper action to be taken to correct the condition of the sidewalk. The Chairman read a letter from David L. and Judith G. Singer requesting a push button stoplight at Muzzey Jr. High or Monroe Request School . The Chairman said that we will write to Dr. Singer that the Board does not have the authority to install traffic lights. We will ask the Traffic Committee to make a recommendation on this location t34 Upon motion duly made and seconded, it was voted to refer the Singer letter to the Traffic Safety Committee for a recommendation. Upon motion duly made and seconded, it was voted to approve Bond Bond No 93-51-96 for Eleanor H. Sullivan, Assistant Treasurer, in the amount of $27,400 Upon motion duly made and seconded, it was voted to certify the character of the following, who have applied for Certificates of Incorporation Cert. of Incorp. William H. Maxfield 8 Stratham Road "New England Chapter of Urban and Regional Information Systems, Inc " James Howard 59 Wood Street "New African Company, Inc." Upon motion duly made and seconded, it was voted to appoint the Special following as Special Police Officers for a term expiring March 31, Police 1971 Paul G Yewell Alfred S. Busa Dominic Def lice Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meetings held on May 4; June 3, as amended; June 15, June 23, 1970 as amended The Chairman informed the Board that there are 953 unlicensed Dog dogs in the Town and we should instruct the Dog Officer to inves- Warrant tigate the list Upon motion duly made and seconded, it was voted to sign the Warrant to the Dog Officer to investigage the list of 953 unli- censed dogs McGonigle Mr O'Connell reported to the Board that Mr. Hanson's letter Dog of complaint against the McGonigle dog had arrived today The Chairman read a letter from Pleasant Brook Association, Mason Street and White Pine Lane residents, requesting traffic Pleasant signs and bumps in the road on Mason Street Brook Upon motion duly made and seconded, it was voted to refer the Association request of the Pleasant Brook Association to the Traffic Safety Committee for recommendations. The Chairman read a letter from Edward D Duncan, President of the Lexington Savings Bank, stating his concern about delivery Waltham St trucks in the public parking lot on Waltham Street. Parking Lot Upon motion duly made and seconded, it was voted to refer Mr. Duncan' s letter to Chief Corr for his investigation and recommend- ations. 137 The Chairman read a notice from the DPU that a public hearing will be held on the acquisition by Benjamin R. Goodman of the Vocell Bus DPU Company, on July 2, 1970 at 10 00 a.m. Vocell The Board agreed that this is just informational and a representa- Bus tive of the Town need not be present. The Chairman read a letter from Joan Cafarelli , 51 Eldred Street, requesting the use of the Green for an anti-Vietnam speaker and dia- logue; no specific date was mentioned. It was agreed to reply to Miss Cafarelli that the Board believes the Green should be reserved for those ceremonies which are clearly Request of Town-wide interest and which have, as their major purpose, recog- For nition of the unique role which the Green plays in the history of Battle Lexington Although the Board feels that the Green should not be Green used, to ask Miss Cafarelli to contact the Town Manager to see if some arrangements could be made for another location in the Town. The Chairman read a letter from the Massachusetts Selectmen' s State Association informing us that the 42nd Annual State-wide Town Meet- Select- ing will be held at the Marriott Motor Hotel , Newton, on Friday, men' s Saturday and Sunday, October 2, 3 and 4, 1970. Meeting The Chairman read a letter from Commander Sherman of VFW Lexing- ton Post No 3007, suggesting that Countryside be named Spec. 4 Stephen A Spier' s Corner, as a memorial to the first young man from VFW Lexington killed in Vietnam. Request After discussion, the Board agreed that a Memorial Committee be set up with the Town Manager as Chairman and consist of members from each service organization plus some of our Lexington veterans Com- mander Sherman is to be answered to this effect and Informed that when the committee has been formed, this will then be discussed. The Chairman read a letter from Mrs. Earsy, President of LWV, submitting the following nominees to represent the League on LCSR Mrs. J. Keith Butters, Mrs. Joseph Cochin and Mrs. David McGavern LCSR Upon motion duly made and seconded, it was voted to appoint Mrs. J. Keith Butters a member of the LCSR to represent the League of Women Voters, for a term expiring June 30, 1971 Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Arthur T. Bernier, representative LCSR of TMMA, as a member of the LCSR The Board agreed to appoint the members of the Lexington Com- LCSR mittee on Suburban Responsibility at the next meeting on July 13, The Chairman read a letter from the Chairman of the Planning Board informing us that Senate bill 235, to place the Metropolitan Area Planning Counsel on the same legal basis as other regional MAPC planning agencies, taking it out of state control , is now in the Senate Senate Ways and Means Committee The Planning Bd. recommends that this bill 235 is a desirable legislative proposal which should be supported. 136 The Board agreed that a letter be written to the Chairman of the Senate Ways and Means Committee stating that the Board is in favor of the passage of Senate Bill No 235 and request the Com- mittee' s support of the bill . The Chairman read a memo from Mr. Zaleski , Chairman of the Traffic Committee, recommending that the Lexington Post Office Superintendent be requested to locate a roadside mailbox at the Post Office bus stop on Massachusetts Avenue near Wallis Court; this will Box prevent illegal U-turns to the mailbox next to the Town Offices and somewhat reduce the congestion in this area Upon motion duly made and seconded, it was voted to request the Superintendent of the Lexington Post Office to locate a road- side mailbox, on a trial basis, at the bus stop on Massachusetts Avenue near Wallis Court. The Chairman read a memo from Mr. Zaleski , Chairman of the Traffic Committee, answering a request by the Board of a recon mendation on a letter received from Mrs. Cummings, 4 Pleasant Street, complaining of conditions at her home on Sundays be- cause of Wilson's Farm and the Sacred Heart Church Cummings The Traffic Committee knows that traffic congestion exists Request at this location but there is no traffic solution to this prob- lem, short of a major redesign of the entire jun* tion. The approach of curtailing Wilson' s operations for Mrs. Cummings is clearly beyond the scope of this committee. A measure of relief may be obtained if Mrs. Cummings asks the police officer on duty for assistance when ready to leave her driveway The Board agreed to write to Mrs. Cummings and inform her that Chief Corr has been requested to instruct the police of- ficer on duty to assist her on entering and leaving her drive- way whenever he is on duty, and to police the area at all times The Board discussed a letter received from Frank Michelman regarding persons who wish to petition and leaflet on the side- Michelman walks. Sidewalk After discussion, the Board agreed to write to Mr Michel- Use man that the Board has no intention of interfering with persons who wish to "petition" and " leaflet" in a lawful manner. Our interest is, as it always has been, to insure that individuals or groups do not unreasonably obstruct the movement of other citizens over the Town's streets We, therefore, will .00ntinue to ask that permits be acquired from the Board of Selectmen be- fore any booths, furniture, or other obstructions are placed in a public way, and feel that this is a reasonable interpretation of Article XXIV, Sec 6, of the General By-Laws The Chairman read a letter from Governor Sargent regarding the Massachusetts' report to the forthcoming White House 137 Conference on Children which has been called by President Nixon for December 13 - 18, 1970. The Governor requests us to forward infor- Mass rhetien. to the Massachusetts Committee on Children and Youth. Children & The Board agreed to refer the Governor' s request to the Town Youth Manager, who will contact the Recreation Committee and the School Committee Department and submit a report to the Board within a month. Upon motion duly made and seconded, it was voted to grant per- mission to the residents of Taft Avenue for a street party to be held on Friday, July 10, 1970, in front of 55, 56 and 56A Taft Permit Avenue, from 8 00 p.m to II 00 p.m , not until 12M as requested The Board agreed to appoint the Committee on Street Proce- Street dures and Underground Wiring at the next meeting on July 13 Committee Upon motion duly made and seconded, it was voted to approve 1970- 1971 the Jury list for 1970- 1971 . Jury List Upon motion duly made and seconded, it was voted to sign the water abatements for the following Name Amount Reason Edward D'Entremont S 3 42 Wrong billing Leonard Levy 38 40 Owner sent wrong reading M.I .T. Lincoln Lab. 2,300 00 Meter read wrong Water Mr. Webber 29 75 Meter read wrong Abatements Salvatore Capotosto 8.75 Meter out Robert H. Calbourne 11 .55 No blue slip turned in Donald MacLeod 22.03 Wrong billing Robert O. Tillinghast 60.54 Wrong reading by meter man Michael Pagginis 17.55 Wrong billing Thomas MacBeth 101 . 17 Wrong reading by owner Carl Beggs (Coin Laundries) 8.75 Wrong billing Albert MacGregor 15.75 Wrong billing Stanley Oley 13.68 Wrong billing Anneliese M. Suderow 16.80 Owner sent wrong reading Vincent Bucca 122.50 Wrong reading E.G. Carlson 7 35 Owner sent in wrong reading William Broder 32.60 Wrong reading by meter man Joseph Bertolomi 40 60 Wrong reading by meter man William Treiber 18.29 Wrong billing Felix Pardo 12.60 Wrong reading taken The Chairman informed the Board that Mrs. Anita Brown of the Masterworks Chorale has been conducting a summer sing at Cary Memo- Master- rial Hall every Tuesday evening Mrs. Brown explained that their works funds are limited and asked if it would be possible to have a Chorale police officer on duty, but not paid by the Masterworks Chorale. The Board agreed that Mrs Brown would have to have a policeman on duty and pay the minimum of $20, $5 an hour, minimum of four hours. I 3 The Chairman informed the Board that Mr Nickerson, Chairman of the Board of Appeals, had talked with him about the illegal Town Office signs at the Town Office Building; the By-Law says there are''fb Signs be no hanging signs; they are to be stationary, not swinging as they now are at the entrance and exit of the Town Office drive- way We have to apply for a hearing and go before the Board of Appeals. The Chairman informed the Board that he, Mr. O'Connell and Mr McSweeney had met with Mr White of Green and White regard- ing the purchase of the school site in the Woburn Street area We had an understanding with him on what each one of us was going to do and then come back for another meeting before we reported back to the Board. I then read in the paper that he had sub- Green & miffed a subdivision plan This bothered me because we had White agreed that he would not do this until we had dug some test holes Sub- and made some further evaluations and agreed on what the Town division should take Mr. O'Connell , Mr McSweeney and I met with Mr White and Mr Green today and told them wa were unhappy with what they had done. They asked us what we thought they should do to rectify the mistake. We all agreed the subdivision plan should be withdrawn and to proceed along the lines of our original agree- ment The Board agreed to this approach and asked the Chairman to inform the Planning Board of this decision, we would not attend the July 13 meeting and recommended that the Planning Board wait until the Board agreed amongst ourselves on what approach to take. Cotton Ash- The Board instructed Mr. Legro to draw the necessary papers ley Land to make the taking of the Cotton-Ashley property The Chairman mentioned the Steeves' property. Mr. Legro said that nothing is consummated The Chairman said that there is no written final offer on the Busa taking; one was made last December, but not in writing We should get a description and a plan of it Buse Mr Legro said that the description must be adequate, if not Taking identical , with the existing recorded pian. The Chairman said that we can vote at the next meeting for Town Counsel to proceed with the Busa taking. 1 "• The Chairman read a letter from Thomas Taylor regarding the possibility of a separate access on Waltham Street to the pro- Clematis posed Junior High School and, also, the possibility of using Town Brook equipment to do the work necessary on Clematis Brook as it flows through the school site. The Committee is presently planning to leave the brook open but clean it out, gently bank the sides and provide a gravel bed and believe that substantial money could be saved if this work could be done by the Town. 1. 39 The Chairman said that his position at this time is that the Town not undertake this project as it should be part of the site contract; it would end up costing us more money if we do it. The Board agreed to inform Mr. Taylor that the brook should stay open but the work should be included in the site contract. The Chairman read a letter from Associated Estates regarding easement lines on 1628-32 Massachusetts Avenue and Wallis Court, and requesting a meeting with the Board to discuss this. Mass. Ave. The Board agreed that Mr O'Connell is to talk with Mr Wallis Ct Comeau of the Associated Estates A copy of the letter is also to be sent to Mr. legro. The Chairman read a letter fran the State DPW, stating that a TOPICS agreement, forwarded to the Town, has not been returned to TOPICS the State DPW The Board agreed that Mr. O'Connell is to take care of the matter. Mr. Kenney informed the Board that he had written a letter to Colby Kelley regarding the present use of Estabrook Hall for Town departments and had assured the Trustees that every effort will be made to take care of future requests fran citizens who have used Estabrook the hall in previous years; when requests are received, arrange- Hall ments will be made to find a suitable location for them. The renovations of the Police Building were discussed. Upon motion duly made and seconded, it was voted to authorize Police the Town Manager to spend up to $5,000, specifically for providing Building for structural changes for air-conditioning in the Police Building. The Chairman read a letter from Peter Clarke of Re-Place to Mr. Gallagher, Chairman of the Recreation Committee, stating that in order for the youth to take advantage of the services which they have to offer and to raise money in support of the program, they have considered the idea of having a benefit for Re-Place on Re-Place July 26, 1970 from 100 p.m to 7 00 p.m The benefit would be set Benefit up in the style of a concert with numerous groups playing, covering Request the entire time; to hold it in the enclosed football field so that it could be kept under control and to ask for a $2 donation to cover costs. The maximum number of people allowed in will be 2500- 3000. The Board agreed that Mr. O'Connell is to talk with Peter Clarke regarding another location and, also, discuss this with Chief Corr. Mr. O'Connell is to report back to the Board Upon motion duly made and seconded, it was voted to adjourn at II 38 p.m. A true record, Attest dO , )27 ,�<.,� Executive Clerk, Se lectme