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TOWN OF LEXINGTON, MASSACHUSETTS
CONSERVATION COMMISSION
NOTES AND MINUTES of March 9, 1971 Commission meeting.
Commission member
The meeting began informally at 8:00 p.m. with only/Dr. Kessler
present, plus Mr. N,azerall (ex-officio) and associate members
Mr. Friedman, Mrs. Rawls and Mr. Reiner, as well as visitor
Beatrice Barrett. Town Manager arrived at 8 30 and Mr. Brown
at 8 50.
Slides and handouts for Town Meeting. Mrs. Rawls display of
conservation purchases voted, purchased or not purchased and
reimbursements received from federal and state sources will be
checked for accuracy and reproduced. Map showing all conservation
purchases (from Middlesex Conservation District) will be updated
to include all purchases of the past two years, with lands not
yet purchased (but voted) also indicated. This will also be re..
produced. Commission members agreed to personnally bear the ex.
penses.
Reimbursement Moneys. Mrs. Rawls asked if there is any way,
via borrowing against anticipated reimbursements, or otherwise,
that the reimbursement funds could be applied toward conserve*
tion purchases. Mr. O' Connell said this is not possible under
Present law structure. The only way to bring out the net cost
to the Town for conservation purchases is to point out net
costs of the past. There is no guarantee that reimbursement
funds will be as consistently available in the future as they
have been in the past.
Great Meadow Report. Dr. Kessler said that 25 copies of the
report had arrived and that its issuance is imminent, as soon as
the Arlington and Lexxingon committees can meet and compose a
covering letter and statement on the report. This Should occur
before the end of Town Meeting. Additionally, the Town of
Arlington is rendering an opinion on the development of the
Bow Street area (based on preliminary findings of the study,
since the report has not been issued) and this should reach Lexing-
ton soon. (The Bow Street proposal - Article 74 - has been with-
drawn) .
Mr. O' Connell asked questions about the report , which were
referred to Mrs Frick, who was out-of-town.
1971 Articles. (Mr. Brown present during this discussion)
Article 26 Mosquito control. The Commission has no stand.
Article 31, 32, 33. The Commission has no stand on the building
of the road but believes the Town should acquire the land both
for conservation and Town general purposes. This is wet land
which should not be built upon. . Commission priority is higher
for the three commission.-proposed purchases.
APR 21 *rir
qq{
CONservation Commission meeting 3/9/71 Page 2
Articles 54 thru 57 (recreation) . The Commission has not general-
ly taken any position in this `field. However, since Article 55 is
proposed upon conservation land, Commission advised to take care-
ful look at the land and keep filling to a minimum. A skating
pond could be considered at a later date. . . .No Commission stand
on a horse riding ring. Mr. Brown commented that constant hoof-
pounding would expose the land to erosion.
Articles 69 through 71. Mr. O' Connell said that the planning
board' s proposals were "untimely" because of the strong likeli-
hood that the State would be building another entrance into
route 128, firming its plans within the coming year. Any
rezoning in this area, he said, would limit the Town' s flexibil-
ity According to Mr O'Connell , acceptance of some of the
land for conservation would add to the Commission' s concerns
the Town Counsel ' s worry about the uncertainty of title status
Mr O' Connell said there are 18 privately-owned lots in the
proposed conservation area and "at least 200 to 300 lots of
unknown title status" exist in the entire Meagherville area.
Land donated to the Town by Robert L Lyon lies within the pro-
posed conservation area
The prospects for use of the land are further complicated by thee`
Department of Natural Resources ruling based on its recent study
of the Shawsheen River basin. Mr. OtConnell reported that the
Board of Selectmen had requested a meeting with representatives
of the Department of Natural Resources on this. Mr. Brown asked
that the Commission be notified of this meeting.
Cass-Jo-Jen Hatch Act Compliance Commenting on Dr. Kassler' s
letter requesting Town assistance in enforcement , Mr O' Connell
stated that the Hatch Act is a piece of state legislation and
is to be enforced by the State DNR (at the request Of the Board
of Selectmen) If the Commission wishes the Town to take any
further action, he said, more facts would have to be gathered
by the Commission He pointed out thattthe most logical body
of Town to applylevage with Mr Cass would be the Planning
Board, whose approval is needed for sudivision plans , etc. Out-
come of this discussion agreed that the Town procedures with
respect to the Hatch Act should be discussed at a joint meeting
of the Commission and Selectmen. Among the Commission' s con-
cerns are delays in enforcement and lack of precise knowledge
of Selectmen' s recommendations to DNR following each hearing
Article 77. Mr. Brown gave history of filling in the area. Mr.
O' Connell said there was little or no chance that the restriction
against building could be lifted because of the terms under which
the land had been sold to the present owner.
Drummer Boy. After Mr. Brown reviewed developments of the past
month, Mr. O' Connell reported that the Board of Selectmen intend
to sign the option, now that firm commitment from the owner had
been obtained on responsibility for his building of Hadley Road
"if and when the Town requires the road to be built" and release
Conservation Commission meeting 3/9/71 Page 3 �I
of sewer damages. The only remaining problem is a technical one
for the Town Counsel to work out a wording which would pin re-
sponsibility for the building of Hadley Road upon the owner of
the remaining Drummer Boy land, whoever he be. The decision wheth-
er or not to build Hadley Road is up to the Planning Board. Mr.
O' Connell said that the Commission' s time-requirements for exer.
cise of the option should be made known to Town Counsel.
A copy of this option, as well as options for the Frissore and
Soule properties will be needed for the Commission's applications
for reimbursement from the Federal government. Applications will
be sent out shortly after arrival of appraisals next week. Mr.
Brown said that approval by HUD could come in as little as a
week after receipt of the application. DNA approval may be delayed
because of shortage of state reimbursement funds.
The question of whether or not to include the Hamilton:Juniper
basin easement in the application(s) was discussed in executive
session.
Open Articles. Mr. O' Connell asked the Commission for statements
on some open articles for inclusion in his report to the Select-
men and Town Meeting.
Article 81 of '66. When O'Neida Corp. is ready to know how much
land can be sold to the Town, the Town will acquire this land -
access to Whipple Hill. At one time there was talk of a border
swap with Winchester.
Articles 751 82 and 83 of '69. These are for easements along the
Vine Brook .. part of back lots on Grant Street. Since the article
was passed, 2/3 of the owners have changed. Although response
during the past year has not been favorable, negotiations con-
tinue.
Article 79, '10. The Commission will write a report for the
Town Manager.
In the absence of Mrs. Frick, Minutes of the February 22 and
March 1 meetings were not approved.
at 11 12 p.m.
The meeting adjourned/until 7 30 p.m. Monday, March 15, when a
brief executive session will be held prior to Town Meeting.
Respectfully ��submitted,
GG
Mrs. Erna S. Greene
Secretary to the Commission