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1972
190 SELECTMEN'S MEETING January 3, 1972 I A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, January 3, 1972, at 7 30 p.m. Chairman Cataldo, Messrs. Kenney, Bailey and Buse, and Mrs Riff in, Mr Legro, Town Counsel ; Mr O'Connell , Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell informed the Board that he has received the resig- Resigna- nation of Mrs. Elizabeth Cooper, Assistant Dog Officer. He has also tions received the resignation of Patrolman George B. Wilson, Jr who has resigned to join the Massachusetts State Police force. Chairman Cataldo read a letter from the Charles River Cable Tele- vision Inc. of Waltham requesting consideration of its application to build and operate a CATV system in Lexington. Mr Legro You may want to wait until the state agency prepares CATV its rules and regulations; as far as I know, they haven't prepared any forms. Upon motion duly made andseconded, it was voted to inform the Charles River Cable Television Inc. that the Board is not considering any applications at this time but wilt consider them at some later date after Town Meeting. Chairman Cataldo read a letter from the Planning Board regarding a proposal received from My. Lyon, Realtor, to expand the Historic Districts to include all of Massachusetts Avenue, Bedford Street, Waltham Street and Marrett Road in order to reduce the increasing impact of visual pollution and to preserve the natural beauty of our main streets. The letter states that, in the Planning Board' s opinion, the proper approach to the control of future commercial buildtrr- ings is by requiring issuance of Special permits by the Board of Appeals. This mechanism is a central feature in our Zoning By-Laws for the control of industrial and office districts and is already required for a number of particular uses in commercial districts. The Planning Board has always believed that such an approach is desirable and, as a matter of Historic fact, it intends to submit for presentation to the next Town Meeting a Districts zoning amendment article along these lines for greater control of restaurants and other places for serving food. No legal mechanism can assure high architectural quality, but his approach fixes responsi- bility for consideration of such factors and for final action thereon, while at the same time it assures reasonably representation resentation of P Town opinion in the decision making process. Chairman Cataldo When we received Mr. Lyon' s letter, we wrote to the Planning Board and the Historic Districts Commission for com- ments. We have not heard from Historic Districts. I would rather see a more positive approach for more definite controls. 191 Mrs Riff in Could consideration be given to the possibility of establishing a committee to study the recommendations? If they would be interested in re-establishing a committee, as it was done in the past, to study the areas outlined by Mr. Lyon and come back to Town Meeting to change the lines. Chairman Cataldo I think that would be the sensible approach for broader controls. Mr Bailey I think if they had a well constituted committee, it would not come in with something as far reaching as Mr Lyon' s proposal . Mr. Kenney I have no objection to a Committee, but we should waif until we hear from the Historic Districts Commission Mr Bailey agreed. He suggested that a copy of the Planning Board letter be sent to Mr. Lyon. Chairman Cataldo In the meantime, I will try and talk with Mr Jaquith. The Board agreed to send Mr Lyon a copy of the Planning Board letter. Upon motion duly made and seconded, it was voted to certify the character of Sylvia J Wilson, 19 Robinson Road, who has applied for Cert of Certificate of Incorporation, "Camphill New England, Inc " Incorp. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting of December 20, 1971 . Minutes Upon motion duly made and seconded, it was voted to sign the Lodging Lodging House License for Wild Acre Inn, Inc., 50 Percy Road. House Chairman Cataldo said that the Board voted last week to exercise the options for the Ballou and Titelbaum land subject to receiving' the approval of HUD and, if approval was not received by December 30, Ballou & the options were to be mailed on Friday, December 31, 1971 . Approval Titelbaum from HUD was not received and Town Counsel proceeded with the exercise Options of options. Mr. Elailey This doesn't mean that HUD disapproved? Mr. Legro It is within the regulation Chairman Cataldo We would, naturally, take the position that we didn't want to hold up the exercise of option. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification Card for Warhda Lee Gilbert, I D. Card 17 Sherman Street. tairman Cataldo read a letter from R.B Plank, President of Re- Place Incorporated, withdrawing its application for an Article in the Withdrawal Warrant for the 1972 Annual Town Meeting of Re-Place Mr Kenney I would point out to the Board that the Drug Commit- Article tee met and discussed ways whereby we might give some financial as- sistance to Re-Place. They are talking it over with their Board of Advisers and will let us know 192 Mr Bailey Are they withdrawing the Article because they are tak- ing our help and assistance. Mr Kenney Yes. The Board agreed to accept the withdrawal of the application from Re-Place Incorporated for an Article in the Warrant. The Board discussed a memo from Mr Kingston Howard, Chairman of the Bicentennial Committee, regarding the appointment of a Permanent Memorial Sub-Committee in order to have a permanent memorial in time for dedication in 1975 The Committee assumes it may appoint such specialized sub-committees but, if not, it would like to be -so advised. The Bicentennial Committee also submitted a request for the in- sertion of three Articles in the Warrant for the 1972 Annual Town Meet- ing, as follows I . Article To see if the Town will vote a sum of money under the provisions of Section 1 of Chapter 911 of the Acts of 1971 in anticipation of the celebration of the two hundredth anniversary of the American Revolution Bicentennial Committee Explanation. The best current estimate of the Bicentennial Com- Articles mittee is that $100,000 of Town funds will be required to meet the special needs of 1975. This estimate is primarily based on the same amount projected by Concord based on that Town' s planning since 1966. And this estimate is subject to upward revision de- pending on many factors which presently cannot be measured. Motion. That the sum of $25,000 be appropriated, as authorized by Section 1 of Chapter 911 of the Acts of 1971 , in anticipation of the celebration of the two hundredth anniversary of the American Revolution and that the Town Treasurer deposit said funds in a special fund, as provided in Section 2 of said Chap- ter 911 . 2. Article To see if the Town will authorize the Bicentennial Com- mittee to study various proposals and to select a site for a permanent memorial to commemorate the two hundredth anniversary of the Battle of Lexington and to appropriate the funds necessary for the study; or act in any other manner thereto. Motion. That the sum of $2,000 be appropriated. 3. Article To see if the Town will authorize the Bicentennial Com- mittee to retain professional services and prepare preliminary plans and specifications for a historical museum as a permanent memorial to be dedicated in conjunction with the celebrafTon of the two hundredth anniversary of the Battle of Lexington; or act in any other manner thereto. I 19 Explanation. If insufficient progress has been made by time of Town Meeting to make a satisfactory presentation, the Bicentennial Committee will withdraw this Article or move for its indefinite postponement. Motion. That the sum of $10,000 be appropriated. Chairman Cataldo The Article for the Permanent Memorial Committee would be the one they are asking $2,000 for Mr O'Connell Originally, it was my feeling they weren't going to consider the sub-committee until Town Meeting gave its feeling but I suppose they brought it up prior to Town Meeting. Mr.. Kenney 1 concur with the first Article but think $10,000 would be quite adequate Mr, Bailey They are trying to spread it over the time; the money would be gathering interest Chairman Cataldo It won't be a special fund. Mr. Legro In my opinion, over the years, the Town has no authority to appropriate money for a museum, and that is substantially supported. We went through this with the Information Center and my opinion hasn't Permanent changed. Memorial Chairman Cataldo We must have the Committee in to talk with them. Sub- For the time being, we could vote on next Monday to insert the Articles. Committee We must have more information on whether we can build a Tom memorial with Town funds. Mr Bailey They can have a sub-committee but we don't know if we can go after any money for them. Chairman Cataldo That would make a difference. The Board agreed to talk with the Bicentennial Committee. Upon motion duly made and seconded, it was voted to inform the Bicentennial Committee that a Permanent Memorial Sub-Committee could be appointed Upon motion duly made and seconded, it was voted to sign Common Vic- tualler Licenses for the following (Approved by the Board of Health) Common Bellino's 141 Massachusetts Avenue Victual- James H. McManus 399 Lowell Street lers Mr. McSweeney came into the meeting Chairman Cataldo informed the Board that a letter has been received Nickerson from the Town Engineering Department regarding the acceptance of Carmel Carmel Circle and Morgan Road. The Engineering Department does not recommend Circle acceptance of these streets at this time as it is not recommending Morgan Nickerson Road for acceptance this year. Nickerson Road now is a pri- Road vate way and both the aforementioned streets originate at Nickerson Road. Carmel Circle terminates at a cul-de-sac and Morgan Road termin- ates at Jean Road, which is a private way For the Town to accept a private way as a public street, it must originate or terminate at an accepted public way 194 �. Upon motion duly made and seconded, it was voted to delete Nickerson Road, Carmel Circle and Morgan Road from the 1972 list of accepted streets. Chairman Cataldo informed the Board that a report has been received from Mr. McSweeney regarding the dredging of Kiln Brook. A meeting was held with the State Department of Public Works - Division of Waterways on December 16, 1971 and a letter has been received from the State DPW stating that after a field inspection, the analysis of the situation is as follows 1. Kiln Brook joins the Shawsheen River in Bedford; the river needs to be dredged and widened. Bedford has not petitioned for this work and we are powerless to do work in Bedford at this time. 2. Because of the flat grades on Kiln Brook, a lowering of the brook without accompanying lowering of the Shawsheen River is impracti- cable. 3. It does not appear that flooding of Kiln Brook causes widespread damage to adjacent property since it is mostly marshland and no residences are involved. 4. The Itek Corporation filled in the Kiln Brook channel for con- struction of a parking lot and did not re-channel the brook, thus causing it to, wander•at randOmcthhough an_ar®a: of"hehvy:.brush. Kiln 5. Due to the presence of many utility crossings at or near the bed Brook of the brook, including Town of Lexington gravity sewer, U.S. Air Force main, high pressure gas transmission line and railroad spur crossing to Bedford Air Force Base, we find that the cost of utility relocations, which would have to be borne by the Town of Lexington and Division of Waterways, is very high. 6. The estimated construction cost, which has been carried for this project since 1967, is at least 50% low. 7. It is felt that the expenditure of well over $100,000 is too high for the amount of benefits to be attained. 8. Some relief may be gained by periodic maintenance on the part of the Town of Lexington. 9. Because of our limited staff and the many projects sought by cities and towns throughout the Commonwealth, we must establish a system of priorities on a need basis. Based upon the above facts, the Kiln Brook project has a very low priority In the summary, this Division feels that this project should not be undertaken until, and unless, the Shawsheen River is dredged and we recommend that it be postponed until that time. 1943 Chairman Cataldo There is no waytoget it properly dredged at P P e 9 this time, and it would do nothing for the Town unless the Shawsheen River were dredged to a point in Billerica. The point is, there was $30,000 appropriated for this project and we should turn this money back and remove the Article from the books. The area at the Itek build- ing should be properly dredged to give some direction to flowing through- out the area. Our Department of Public Works could dredge with our own equipment at no cost to the Town, Mr McSweeney should contact Itek to get a section dredged to get the channel back into the area. Mr McSweeney We have been trying to get ltek to do this. They filed under the Hatch Act and they do not recognize the responsibility to get this back in condition. We recommend doing the area between 128 and the south side of the sanitary landfill, to clear it up with our Own equipment Chairman Cataldo We should write a letter directly to ltek and ask for a meeting with the person responsible for this and get it re- solved this way Mr Bailey WoUld it require Town Meeting action to return the money? Chairman Cataldo No; you can let it go back into E & D as of December 31 , 1971 . Upon motion duly made and seconded, it was voted that the appro- priation of $30,000 under Article 2 of the March 25, 1963 Town Meeting for Kiln Brook be transferred back to E & D Upon motion duly made and seconded, it was voted to instruct the Department of Public Works to clean Kiln Brook and to request the Itek Itek Corporation to have the brook rechanneled on the property that was Kiln Brook damaged as a result of their construction. Chairman Cataldo read a letter from the president of the Pleasant Brook Neighborhood Association regarding formal acceptance by the Town of an easement allowing pedestrian access from Mason Street to the West Farm Conservation area The letter states that ( I) the location of the pathway is such that the privacy of several families would be seriously impaired (2) The topography is such that passage through the easement is now extremely difficult and perhaps even dangerous to small children, while installation of an effective Peacock pathway would be expensive and would necessitate considerable altera- Farm tion of the existing natural landscape. We are at present planning an Easement alternative easement which would accomplish the same purpose of per- mitting access to the West Farm area, but which would permit more privacy to the nearby homes and would also be a more practical passageway. We request that the question of the existing easement not be considered at the forthcoming Town Meeting but be postponed Mr Kenney moved that the Article concerning the Mason Street easement for a walk path be deleted Chairman Cataldo 1 suggest that we talk with the Planning Board and see where they are at with the negotiations with the rest of it This Article was at their request 196 Mr Kenney agreed and withdrew his motion. Mr Kenney then left the meeting to discuss the matter with the Planning Board Later on Mr Kenney returned to the meeting after having discussed it with the Planning Board. Upon motion duly made and seconded, it was voted to delete the Article for the Town Path from Mason Street to the West Farm Con- servation area The Board discussed the Article for land taking at Fern Street and Pleasant Street Chairman Cataldo We asked Mr McSweeney if he had the time to do this before Town Meeting and he thought he could, after investiga- tion, he finds there is much to be done. There would have to be a street layout of Fern Street and there is a problem at the opposite Fern St end. It is my feeling that the best way is to hold the whole thing Pleasant St for a survey of both ends to be done at the same time Taking The Board agreed to hold the decision on the Article. Mr. McSweeney left the meeting to talk with the Planning Board Chairman Cataldo said that the Board members have received a copy of the report from the Appropriation Committee regarding the land acquisition policy We have not received a report from the Capital Expenditures Committee What approach does the Board wish to take on land acquisition? Mr Buse My opinion is the same as last week, to have a repre- 1 sentative of each Board sit down and come up with a solution; there is no question that having 40 or more members would be too many. Chairman Cataldo Does the Board want to pursue this? Land Mr Bailey Yes, to have one person from each of the Boards, Acquisition Planning Board, Conservation, Recreation, Capital Expenditures and ,Policy the Appropriation Committee. Chairman Cataldo The Appropriation Committee said it didn't want to become involved, and Capital Expenditures hasn't answered yet. Mr. Bailey Then, put the operating committees on it, on the basis that they are going to have to sell it A representative from each Board should be instructed to meet Chairman Cataldo The recommeedations should be on how the land acquisition program should be implemented, that we would like to have it resolved. We want it understood with everybody what the problems of land acquisition are, and to get the Articles in a state to get it implemented, especially if we want an accelerated land acquisition program. The Board agreed to make a future decision on whether Chairman Cataldo, Mr. Kenney or Mr Bailey will serve on the committee as the Selectmen's representative. Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session for the purpose of discussing, deliberating or" 197 voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of a person After discussion of a personnel matter, it was voted to go out of Executive Session and resume the open meeting The By-Law Advisory Committee on Article 75 of the 1971 Annual Town Meeting met with the Board Mr Mancini , as spokesman, informed the Board that the committee had redrafted Article XXIV, Sections 6 and 25, and this is the way a majority of the committee wanted it submitted ARTICLE XXIV PUBLIC WAYS AND PLACES TRAFFIC REGULATIONS Section 6. No person shall obstruct the free, open and convenient use, by the public for travel, of any sidewalk, street, public parking lot or public place, by occupying the same with goods, wares, merchandise or other chattels, or by using the same as a place of resort, amusement, recreation or business, without the written permission of the Selectmen ARTICLE XXIV PROTECTION OF 7H E BATTLE GREEN ' Section 25 (a) Any person or persons desiring to use the Battle Green Article for any historical, memorial or other performance shall 75 By- ' first make written application to the Board of Selectmen Law who may, in their discretion, issue a permit therefor. Advisory Committee (b) No person shall engage or take part in any game, sport or picnic on the Battle Green and no person shall climb upon, deface, mutilate or otherwise injure any tree shrubbery, monument, boulder, fence, seat or structure thereon, or behave or conduct himself on the Battle Green otherwise than in a quiet and orderly manner in keeping with a respectful regard and reverence for the memory of the patriotic service there so nobly rendered. (c) The Battle Green is an historical shrine maintained by the Town for all people to view as a symbol of the "Birthplace of American Liberty." Mr. Bailey I would be interested to know if Town Counsel had any comments. Mr. Legro I met with the committee and I think this resolves the questions I had in mind. Mr. Busa I think it is very simple and to the point I Ill.Ll-. _ _ --- 198 Chairman Cataldo read a letter from Frank I Michelma.n to Richard Michelson stating that after examining the redraft of the proposed' Battle Green By-Law, he has concluded that the redraft does not re- solve any of the differences of view set forth in his previously filed Minority Report and he should adhere to that report. He has prepared a new draft which he believed adheres to the principles of the earlier one, while incorporating some changes for purposes of clarifying, simplifying and shortening it He requests that the new draft be sub- Michelman miffed to the Board of Selectmen when final submission is made: Battle Green Section 25 The Battle Green By-Laws (a) Subject to the provisions of this section and of Section 3 of Article XXV Of these By-Laws, the Battle Green shall be freely and continuously open for the lawful use, enjoyment, and in- spiration of all Portions of the Battle Green may, by order of the Board of Selectmen, be temporarily withdrawn from public access for necessary repair or maintenance (b) Any person or persons desiring to use the Battle Green for any public meeting, performance or other organized activity, which will fully occupy the Green or any portion thereof over a period of time, shall first make written application to the Board of Selectmen in such form (including reasonable identification Of the applicant or applicants) as the Board may prescribe. The Board shall grant permission as requested unless refusal is reasonably deemed necessary for the protec- tion of public health or safety of persons or property; the prevention of excessive or protracted noise at unsuitable hours; the protection of the Green against physical deterior- ation from excessively intense or concentrated use, or the avoidance of conflict with previously scheduled activity. The reason or reasons for any refusal of permission shall be stated in the public record. (c) No person shall climb upon, deface, mutilate or otherwise injure any tree, shrubbery, monument, boulder, fence, seat or structure on the Battle Green, or there behave or conduct himself otherwise than in a peaceful and orderly manner in keeping with a respectful regard and reverence for the memory of the patriotic service and sacrifice there so nobly rendered. After discussion, upon motion duly made and seconded, the Board voted unanimously to accept the majority and minority report as sub- mitted by the By-Law Advisory Committee on Article XXIV, Section 6 and and Section 25. Upon motion duly made and seconded, the Board voted unanimously to insert an Article in the Warrant for the 1972 Annual Town Meeting as submitted in the majority report of the By-Law Advisory Committee. 11, 199 Mr. Michelman As a matter of courtesy, I would state that I shall , unless there is objection of a kind I can't foresee, undertake to have the text of the draft I have submitted as a Citizens' Article Chairman Cataldo That is your constitutional right Upon motion duly made and seconded, it was voted to discharge the Discharge By-Law Advisory Committee on Article 75 of the 1971 Annual Town Meeting . By-Law Mr O'Connell informed the Board that the amount of money for the Vocational Article on the Minuteman Regional Vocational Technical School District School is to be $16,640 This information was submitted by Mr Mollo- District Christensen Article Upon motion duly made and seconded, it was voted to adjourn at 9 23 p.m. A true record, Attest J.44..44 e/e—tue„. Executive Clerk, Selectmen I IIYI I 200 SELECTMEN'S MEETING January 10, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, January 40, 1972, at 7 30 p.m Chairman Cataldo, Messrs. Kenney, Bailey and Buse, and Mrs. Rift in; Mr Legro, Town Counsel; Mr O'Connell, Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk, were present Chairman Cataldo asked that the record show that the dedication of the New Town Office Building was held on Sunday, January 9, 1972. He extended the thanks of the Board of Selectmen to the Town Office Build- ing Committee for the job done in presenting this building to the Town. New Town We acknowledge our thanks for the four paintings done by Mr. Philip Office Parsons, which were underwritten by the Depositors Trust Company, and Building the painting donated to the Town by Mrs Aiden Ripley. Also, our thanks to Mr and Mrs Arthur Maranian, 17 Cooke Road, for the Minute Man etched in copper, which now hangs in the lobby of the Town Office Building, Mr and Mrs Nishan Haroian, 353 Concord Avenue for the beau- tiful plant, and the Lexington Trust Company for the flowers, which were presented to the Board of Selectmen. The gift of the Boston Rocking Chair, with the Town seal , from Mr and Mrs Allan Kenney will become part of the furnishings of the office of the Chairman of the Board of Selectmen. Upon motion duly made and seconded, it was voted to accept, with sincere thanks the above mentioned gifts. At the request of the Town Clerk, four jurors were drawn as follows Jurors Murray L Ehrenberg 18 Homestead Street George C Cusiter 26 Oxbow Road James P. Pitarys 114 Burlington Street Thaddeus W Szalajeski 3 Myrna Road Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain conduit on Hartwell Avenue, at the junction of Maguire Road, and Wood Street, Westerly from Hartwell Hartwell Avenue Avenue Notices of the hearing were mailed to the petitioner and owners Conduit of the property as listed on the petitioner' s plan, and also filed with the Town Engineer Mr Dunn, representing the New England Telephone Company, was present and said that they have underground feeder cable operating at high fill and the conduit is necessary for future service for Hanscom Field and the southwest section of Hartwell Avenue for business There would be 4310 ft of conduit and 6 manholes, and we would be crossing once and going all the way to the Air Base The reason for the crossing is because there is water and gas in there now. Chairman Cataldo Does the Board have questions on the conduit? No member of the Board had a question Mr McSweeney Plans should be worked out as to a definite loca- tion Chairman Cataldo Does any one have questions on the petition as far as the location of conduit is concerned? Hearing none, the Chairman read a report from the Town Engineer, as follows The Engineering Department has reviewed the proposed telephone conduit for Hartwell Avenue and recommends, before any permit is issued, that it be subject to the approval of the following A. Plan I Plan does not show existing water 2.. Plan does not show existing sewer 3 Proposed location between Station 10+0 to Station 13+0 could conflict with existing trunk sewer 4 Proposed crossing at Station 28+40 may conflict with existing Engineering trunk sewer. Department 5 Proposed location between station 51+0 and Station 54+0 may Report conflict with both sewer and water 6. Plan does not show construction method or depth of conduit at tall major drain crossings - the most important being at Kiln Brook. B. Permit Conditions 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 re- serves the rfight to change the working hours. 2. Trench to be well lit at night. 3. Police. 4. Loam and seed. 5 Bituminous concrete patch (as per permit) 6. After completion of bituminous concrete patch, the telephone Company will seal all trenches with a } inch stone chip seal . Recommended Method } treated stone - 30 lbs. per square yard. 85/100 asphalt - 3/10 of a gallon per square yard. Stone to be rolled 7. Berm - if berm is damaged, Town will determine linear feet of berm to be replaced. Chairman Cataldo to Mr. McSweeney If the Board sees fit to grant this permit, you are recommending it be granted subject to these speci- fications? 202 Mr. McSweeney Yes, to be shown on the plan and on the premises. Chairman Cataldo Is anyone present in favor of this petition? Lt Saucier of the Communications Squadron at Hanscom Field was present and said that the Air Force is indeed planning a project to coincide with the Telephone Company project and there is a need to expand the facilities. As Mr Dunn had indicated, the existing cable is nearly entirely exhausted and Hanscom is to come up with a proposal to meet the Telephone Company. They will be needing relief in terms of off-base requirements. The immediacy is to be determined, but there is a most definite need Chairman Cataldo asked if any one present was in opposition. No one was present in opposition Chairman Cataldo The Board will take the matter under advise- ment. Later on in the meeting, the Board agreed that once the dondi- tions set forth by the Town Engineer have been satisfactorily met, the Board would then consider granting permission to the Telephone Company to lay conduit in Hartwell Avenue. The Telephone Company is to be advised to contact the Town Engineer to resolve the matter, and the Board would then make a decision. Chairman Cataldo read a request from the New England Telephone Hartwell Company for a "Leave to Withdraw" the petition dated June 14, 1971 to Avenue install fourteen poles located on the northwesterly side, 185 ft Pole Position northwesterly from Maguire Road Withdrawn Upon motion duly made and seconded, it was voted to grant the request of the New England Telephone Company for "Leave to Withdraw" the petition dated June 14, 1971 to install fourteen poles located on the northwesterly side, 185 ft. northwesterly from Maguire Road. Mr. O'Connell informed the Board that the Department of Public Works Union representatives, James H. Graham, President and James M. McLaughlin, Secretary, are present this evening We are ready to recommend that the Board sign the 1971 contract with Local 11703. DPW Union The Union has indicated they are in agreement to sign and the con- Contract tract has been signed by John H Danielson, Business Agent, indicating acceptance at Council level Mr McLaughlin has executed the form and it will be signed by Mr Graham. Upon motion duly made and seconded, it was voted to sign the contract between the Town of Lexington and the American Federation of State, County and Municipal Employees, AFL-C10, Local #1703, State Council #41 . Mr O'Connell informed the Board that Mr Heustis has summarized the key points which the State has had under consideration on air Air pollution. A hearing will be held on Friday morning in Boston. The Pollution Board does not have to take action now, but the Town should have an observer at the meeting. Most of the features affecting Lexington have to do with calling for additional control equipment procedures 203 to reduce the pollution of air by better control of combustion. The intent is to limit the use of fuel oil to larger plants. This is another step in the gradual tightening of air contamination. Chairman Cataldo Under the regulations of Public Health, I can see itequally as useful to our Building Inspector. The Town should n9 P be represented and the Building Inspector should also attend:the meet- ing. Mr O'Connell agreed to make the arrangements. Cha i rmafr Catai.do reeld a request from the Boston Edi son Company to sign an agreement to run and maintain its wires over and across Town land at 463,489 Massachusetts Avenue. Chairman Cataldo to Mr McSweeney This is to service the Cummings' property. You say this meets with your approval . Do we Boston have the right to give a permit across that cemetery? According to Edison the plan, there is a pole already there Request Mr McSweeney There is a previous crossing there, too. 463 Mass Mr. Kenney That is not a Town cemetery? Avenue Chairman Cataldo Not as I understand it. I question whether we have the right to grant permission Mr. Legro I don't know of any authority of the Town to grant permission to use private land. If you give me the background, I would be glad to review it. Mr McSweeney is to get the necessary information for Mr Legro. Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses for Hancock Market, 6 North Hancock Street, Common Pine Meadow Country Club, Cedar Street Both have been approved by Victualler the Board of Health Licenses Upon motion duly made and seconded, it was voted to sign the Class 1 Automobile License for Lawless Mawhinney Motors, Inc , Class I 581 Marrett Road Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of incor- poration Cert of Incopp Ernest Tavilla, Virginia TAvilla, 9 John Poulter Road "Freedom Light, Inc " Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings held on December 27, 1971 and Minutes January 3, 1972 Chairman Cataldo read a request from Mr Nathan Becker of SMG Cary Hall Inc , for the use of Cary Hall for a "Careers Workshop" on Friday Request and Saturday, April 7-8, 1972 Mr Becker After discussion, the Board agreed to request Mr Becker to meet with them for further details. 204 Chairman Cataldo read a letter from Mr Legro regarding the inser- tion of Articles for the acceptance of the Foster and Harrington gifts to the Town. Mr Legro I have been holding the check in the Foster matter until Town Meeting time. On the Harrington matter, the Town Treasurer has been holding New England Telephone and Telegraph Company shires. I shall try to resolve this with members of the School Committee and the executrix of the estate on how this should be handled. Upon motion duly made and seconded, it was voted to insert the following Articles in the Warrant for the 1972 Annual Town Meeting 1 . Bequest of $300 by Kay Claudine Foster, the interest on Foster which is to be used to put plants on lot No. 218 at Munroe Article Cemetery each Memorial Day 2 Bequest under the will of Katharine Harrington of one-sxith of the residue of her estate to the School Committee for scholarships for needy children Chairman Cataldo read a letter from Mr. Legro regarding the Bicen- tennial Committee' s requests for Articles, which were discussed at the meeting held on January 3, 1972. The letter states there is indeed a Bicenten- provision of statute that became effective in 1971 authorizing the nial establishment of a special fund in which shall be deposited such sums Articles as may be appropriated in the years 1971 through 1975, inclusive, for ' the celebration in the year 1975 or 1976 of the 200th anniversary of the American Revolution. As you know, one of the articles requested by the Committee proposes an appropriation of $25,000 for that pur- pose. Chairman Cataldo We did vote to insert the three Bicentennial Articles subject to discussion with the Committee. Chairman Cataldo read a request from Mrs Birta E Swenson, 210 Swenson Marrett Road, for a deferment of water betterment assessment of Water $1,066 50 as the new owner of the property; the Board voted on July 27, Betterment 1970 to grant a deferment for three years to her husband, Henning W. Deferment Swenson. The Board agreed that a deferment be granted to Mrs. Swenson, as the new owner, as of January 10, 1972 for a period of three years. Upon motion duly made and seconded, it was voted to extend the time for payment of $1,066.50 water betterment assessment levied against the property owned by Mrs. Birta E Swenson located on Allen Street, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first, provided, however, that this ex- tension of time shall terminate immediately if the facilities of the water main are used for said land or any part thereof. 111 2OS Chairman Cataldo informed the Board that a letter of complaint has been received from Armand J Musto, Jr , 12 Augustus Road, con- cerning two dogs owned by his next door neighbor, S. Trzaskos of 10 Augustus Road. A petition, signed by 14 residents of Augustus Trzaskos Road and Kimball Road, has been also submitted, requesting the removal Dog of one white dog and permanent leashing of the other owned by S. Trzaskos, 10 Augustus Road, for reasons noted in a letter submitted by Mr Mustos The Board agreed that Mr Kenney is to schedule a hearing and S,, Trzaskos will be so informed. Chairman Cataldo informed the Board that members of the Town Report Committee must be appointed. Upon motion duly made and seconded, it was voted to appoint the following members of the 1971 Town Report Committee Town Report Committee Louis A. Zehner, Chairman 6 Fair Oaks Drive Re-appointment Appointments Mrs Oscar Carlson 23 Hayes Avenue " Mr Richard W. Hoover 18 Larchmont Lane " Mr John E. Taylor II Linmoor Terrace Appointment The Board discussed the Articles to be inserted in the Warrant. Upon motion duly made and seconded, it was voted to insert the following Articles in the Warrant for the 1972 Annual Town Meeting Article for the use of Chapters 616, 678 and 679 money for re- surfacing and reconstruction of Bow Street Purchase of Ashley land for general purposes Warrant Two Articles for Bicentennial Committee Articles Traffic Signal at Concord Avenue and Waltham Street. Article to adopt G.L. Chapter 40, s 22D-Towing of Vehicles . (Requested by Chief Corr) Article to amend Article 39 of 1966 Town Meeting, which appro- priated $37,000 for radiocommunications for the Town; to make it all communications, not just radio communi- cations. Article to extend Data Processing Committee Article for authorization to sell surplus equipment from North Lexington pumping station Upon motion duly made and seconded, it was voted to insert the Planning Board Articles Article C Zoning amendment to allow commercial recreation faci- lities with Board of Appeals' permit Article R Zoning amendment to require special permit for restaurants and places of serving food. Article S To appropriate funds for planning, soil and drainage studies of lands expected to be developed 111 I.1-1- 1.1 _ _. 206 Article T To authorize the Selectmen to sell at less than fair value tax title lots for housing Article V Zoning amendment to return to RS (residence•) district land not needed for housing for the elderly off Waltham Street Upon motion duly made and seconded, it was voted to insert the Conservation Commission Articles Conservation gift of Lot 68B, Map 24, owned by Dr Joseph F Chabot and Mary Ellen Chabot, Waltham Street Purchase Lot 22, Map 23, owned by William Hill - formerly known as Meek Property. Purchase Lot 92A, Map 54, owned by John W. Porter, and Lot 106, Map 54, Waymint Realty Trust Purchase Lot 148, Map 54, owned by Helen I . Pinard Purchase Lot 95C, Map II , owned by Mi. H Hamilton, and Lot 96A Map II, Florence Baldwin Trust Purchase Alice E. Ashley and Rosamond J Ashley Savage land, Lexington Associates Acquire Easements adjoining Vine Brook off Grant Street - Lot 45, Map 47, Lot 225, Map 48, Lot 51, Map 55; Lot 55 and Lot 61, Map 62 Acquire Easements adjoining the Munroe Brook from Map4b Street to Lillian Road Authorization for state and federal aid for land acquisition. Additional appropriation to Conservation Fund Mr Legro recommended that the Articles be prepared in a form mentioning name of owner, to describe the land and a reference to either a recorded deed or a recorded, plane Chairman Cataldo; We have tried to get this implemented for two years. The Board has every intention of notifying the Planning Board and the Conservation Commission to request them to come up with specifics, such as the name of the property owner, etc Uppa motion duly made and seconded, it was voted to insert the following Citizens' Articles in the Warrant I To amend Article XXIV, s 7 - Bicycle Paths or Routes 2 Sell and convey to Saddle Club Pool Association, Inc. Parcel A or' B as shown on Plan entitled "Oak Park-Section II." 3 To abandon and release portions of flowage rights at Butter- field' s Pond 4. Amend Zoning By-Law - RS to RM - Mark Moore Multi-family. 5 Gift of Mark Moore land 6. Amend Zdning By-Law, by adding to Section 22.4, RM Multi- family Garden Apattment- Haroian. 7 Two tennis courts at Diamond Junior High - (LWV). 8 Petition for Zoning Change - Heritage Realty Trust. 20i 9. Planning Board request for Article on Zoning By-Law amendment regarding Heritage Realty Trust Article. 10. To amend General By-Laws, Article XXIV, Section 25 - Battle Green II . To approve participation by Housing Authority in programs ad- ministered and financially assisted by state and federal agencies for families of low or moderate income. Mrs. Riffin This Article was voted at the LCSR meeting with the companion Article on scattered sites I am asking, in essence, if the Board would submit it and put it together with the scattered sites Article which was submitted by the Planning Board. Mr. Buss Why would you want it inserted as a Citizens' Article, not as a subcommittee article? Mrs. Riffin LCSR is a subcommittee to the Board and they met with the Housing Authority; the majority there wanted to get the reaction of Town Meeting I am asking if the Board would give the courtesy of placing it on the Warrant after the Planning Board Article, since the Commission is an advisory committee to the Board. Chairman Cataldo That is a good point; LCSR taking a position without taking into consideration what the responsibility really is and what the route shou4d be. Mrs. Riffin I believe the concept of scattered sites was described to the Board but discussion with the Housing Authority did take time and it came in later than It should have Chairman Cataldo I met with the LCSR and there was no mention of this. I , for one, although the Housing Authority has the responsibility, wouldn't want to give them the latitude of What it does here. Before LCSR took this position or this approach, we should have known about it. Mr Kenney You are saying the Board might not support it? Chairman Cataldo I think it is time for another meeting to get the direction and responsibility of LCSR; to go in this direction is wrong. If they had that thinking last week, we are not that divorced from them. I think it is the wrong approach to go this way. It is a Citizens' Article and we will insert it, but I think the Board should know of this approach before they do it. You are asking for the courtesy of a position? Mrs. Riffin: Exactly Chairman Cataldo: It is too bad the Commission didn't come to us and we could have inserted it as their Article. Mrs. Riffin The idea was that it would be easier to have the Articles in order, they could be taken up together. Mr. Buse If it is a Citizens' Article, it should be left in with the Citizens" Articles. A lot of other people would like their Articles moved up on the Warrant. Mrs. Riffin I am arguing that it Is an Article of the Commission. Mr. Busa If it is a Selectmen' s Article, I have no idea of what it is. Mr. Bailey I will second Mrs Riffin' s motion. Mrs. Riffin It indicates no position of the Board as an Article. 208 Chairman Cataldo If LCSR had submitted it, we would have given them the courtesy of inserting it. Mr. Kenney It could be inserted in its regular position and a request made to have it taken out of order Chairman Cataldo For the Article to be withdrawn, every one of the people who signed this Article would have to sign it. The Board agreed to insert it as a Citizens' Article, as it was submitted. Article for Study Committee for Trash Collection. Mr Kenney said that he had a call regarding a vote of MBTA to reduce the bus schedule to Harvard Square. The citizen is planning MBTA to have a hearing and I informed her that I would be happy to attend. Service Mr Bailey This morning'g paper mentioned they were going to cut the Bedford train. It would still cost us $450,000 a •year. . The Board agreed to contact Representative Cole and inform him of the Board' s unanimous position in,opposition to the curtailment of service. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or vot- Executive ing on matters which, if made public, might adversely affect the Session public,security, the financial interests of the Town or the reputation of a person. After discussion of matters of litigation and appraisals, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 22 p.m A true record, Attest Executive Clerk, Selectmen 1 209 SELECTMENt S MEETING January 17, 1972 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, January 17, 1972, at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey, Buse and Mrs. Riff in; Mr Legro, Towh Counsel ; Mr O'Connell , Town Manager, Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs McCurdy, Executive Clerk, were present. At the request of the Town, five jurors were drawn, as follows Robert T. Sheridan 21 Harbell Street Jurors Michael W. Morrison 13 Bedford Street Henry Gnade, Jr. 8 Fulton Road Robert G. Godwin 15 Normandy Road Nicholas Colette 26 Volunteer Way Chairman Cataldo read a letter from Mrs. Mary E. Rudd, 7 Tewksbury Street, stating that in the line of trees separating Greeley Village and Sargent Street, one tree is partially dead and in danger of breaking off and falling, and one smaller tree has already fallen. She suggests that the old trees be cleaned out to make room for new trees. There are some Greeley young maples and an ornamental Japanese Cherry which should not be Village touched. Trees Upon motion duly made and seconded, it was voted to request the Superintendent of Public Works to have Mr. Mazerall, Tree Warden, look at the area invovled. Chairman Cataldo read a request from Mrs. Uhrig, 15 Vinebrook Road, for parking restrictions on Vinebrook Road The residents would agree to no parking from 9 00 a.m to 5 00 p.m. on weekdays Also, Mrs. Uhrig Parking requests a meeting with the Traffic Committee to discuss this parking Vine- problem. brook Upon motion duly made and seconded, it was voted to refer the matter Road to the Traffic Committee and request that the committee set up an appoint- ment to meet with the residents of Vinebrook Road. Chairman Cataldo read a letter from the Historic Districts Commission in reply to a request from the Board for comments on Robert Lyon' s letter suggesting that the historic districts be extended to include all of Historic Massachusetts Avenue, Bedford Street, Waltham Street and Marrett Road Districts The Historic Districts Commission offers the following suggestions Comm. I . Extend the Battle Green District on Waltham Street to approxi- mately 500' beyond Marrett Road. It should be noted that the Planning Board last March approved rezoning to commercial use land on Waltham Street which adjoined but was not in the District. 21.0 2 Extend the Battle Green District to include the Massachusetts Avenue area between Hastings Park and Marrett Road. 111 3. Extend the Battle Green District on Bedford Street from Worthen Road to Revere Street and include the westerly side of Worthen Road between Bedford Street and Massachusetts Avenue. 4. Extend the East Village District to include both sides of Pleasant Street to the end of the Wilson Farm. 5. Have a study made on the feasibility of including in the East Village District that part of Massachusetts Avenue from the East Lexington R.R. station to the Arlington Line. 6 Have a study made on including within a miscellaneous historic district isolated properties, such as the Bridge houses on Marrett Road, the Fiske Houses on Hancock and East Streets, the Parker house on Spring Street, the Muzzey house on Forest Street, and such other properties as should be pro- tected against disastrous renovation, demolition or removal . Any changes in district boundaries would require an Act of the Legislature In the past the filing of such an Act has been first ap- proved by Town Meeting, and from a public relations standpoints approval by the Town first is preferable to seeking Town acceptance after enactment by the Legislature Also, I wish to emphasize that any expansion of the historic districts will result in additional' cost of administration to the Town since the Commission could not heiidle the additional areas on its present budget or without some additional voluntary personnel . After discussion, the Board agreed to appoint an advisory sub- Committee committee on Extension Upon motion duly made and seconded, it was voted to appoint an of Historic Advisory Subcommittee to consist of a representative from the Board Districts of Selectmen, Planning Board, Historic Districts Commission, Chamber of Commerce and Town Meeting Members Association, to study the pos- sible extension of historic districts in the Town, and to report back to the Board no later than November I , 1972. Chairman Cataldo read a letter from the Clerk of the City of Reimburse- Peabody stating that a bill for the cost of the Peabody census had went for been submitted to the State Treasurer and Receiver General . It is State the Clerk' s opinion that each city and town should submit a request in Census like manner Chairman Cataldo Evidently they have passed the legislation but failed to make the appropriation. We will submit our request and go on record as being in favor of the appropriation. 211 Upon motion duly made and seconded, it was voted to writeto Repre- sentative re- sentative Cole and Senator MacKenzie that it is the position of the Board of Selectmen to favor the appropriation for reimbursement to cities and towns for the costs incurred for the Decennial census. Chairman Cataldo read a request from the Airport Commuter Limou- sine Service, Inc , Framingham, for a license to pass through Lexington Permit on Route 2, to and from Logan Airport Airport Upon motion duly made and seconded, it was voted to grant and sign 'Commuter a license to the Airport Commuter Limousine Service, Inc., Framingham, Limousine to travel over Route 2, to and from Logan Airport, for a period expiring Service on December 31 , 1972 Chairman Cataldo read a request from Secretary Davoren for ap- proval of location at 9 Meriam Street regarding application for Certificate of Incorporation "Health Progress Foundation of New England, Cert of Incorporated " Incorp Chairman Cataldo The Building Inspector has approved the location as being properly zoned for business. Upon motion duly made and seconded, it was voted to approve the location at 9 Meriam Street regarding the application for Certificate of Incorporation "Health Progress Foundation of New England, Incor- porated." Chairman Cataldo informed the Board that approval has been re- ceived from the State DPW for a traffic control signal at Waltham Concord Street and Concord Avenue. Signal Chairman Cataldo informed the Board that the notice of intent re- ceived from the DNR that the Realty Development Co., Inc , 43 Middlesex Turnpike, Burlington, proposes to improve the hydraulics of Vine Brook and to relocate Vine Brook for site development, has been Hatch Act ! withdrawn and they are going to resubmit a petition and plan for Lexington and Burlington for proposed improvements The Board discussed the sidewalk betterment assessment proce- dure. Mr Kenney Since we have been discussing a change in sidewalk betterment assessments, in the event a person had a corner lot or frontage on another street, I have asked Town Counsel for an opinion Sidewalk A memorandum from Mr. Legro states that sidewalk betterments are Betterment assessed under Chapter 83, Section 26, which provides that in the Policy order for construction of a new sidewalk or the reconstruction of a sidewalk with material of more permanent character than its original construction, the board making the order may provide for the assess- ment of a reasonable amount, not exceeding one-half the cost, upon the abutting estates. Where a statute did not direct the method of apportioning the amount assessed among those liable, the board could adopt any legal way, so long as the assessment was reasonable and proportionate. 212 Under Chapter 83, Section 21, if land abuts upon more than one way, assessments for sewer based wholly or in part upon frontage shall be assessed upon the frontage upon one such way and upon so much of the frontage upon such other way as is not exempted by the board whose duty is to make the assessment; and such board may exempt from assess- ment so much of the frontage upon such other way as they consider just and equitable. There is no similar provision with respect to the assessment of betterments for sidewalks upon land abutting on more, than one way. In view of the absence of specific statutory authority for the board to exempt all or part of the frontage on the second way, a general exemption of that nature would have to be found to result in both reasonable and proportionate assessments and would have to be del. is fended as being within Section 26 which authorizes assessments "upon the abutting estates" . In my view, the better practice, in the absence of specific legislative authority, is to assess for the frontage on both sidewalks and to abate such part of the assessment laid against properties abutting on two streets as the board, on request for abatement, deter- mines to be in excess of, the special benefit resulting to the property from the construction or reconstruction of the second sidewalk. Mr. McSweeney came into the meeting. After discussion, the Board agreed to the sidewalk betterment assessment policy. Upon motion duly made and seconded, it was voted that before a final assessment is levied on a sidewalk betterment, the Board will make a determination on any lot that has a sidewalk on two sides and assess a betterment in the amount it feels the lot was bettered, still preserving the right of the property owner to file for an abatement if he is not satisfied. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on January 10, 1972. Chairman Cataldo read a notice from Commissioner Campbell .of the State Department of Public Works of a tentative grant, contin- Chap. 90 gent upon highway legislative appropriation and local action, for Grant St. - highway purposes under the provisions of Chapter 90, as follows East St. PROJECT STATE TOWN COUNTY Maintenance $ 2,000 $ 2,000 $ 2,000 East Street 29,700 14,850 14,850 Chairman Cataldo informed the. Board that Mr. Nathan Becker has withdrawn his application for the use of Cary Hall on April 7 add 8, 1972 Chairman Cataldo informed the Board that Mr. Kenney will conduct Dog a hearing on Friday, January 21 , 1972, at 8 30 a.m. regarding the com- Hearing plaint received on the dog owned by Stanley Trzaskos, 10 Augustus Road. 21 I Chairman Cataldo said that Mr Marvin Goldberg has an appointment with the Board regarding the purchase of Town-owned land for a neigh- borhood swimming pool Mr Alan Altman, 35 Saddle Club Road; Mr and Mrs Charles Chiklis and Mrs Agostino of Oak Park Circle were present Mr. Altman Mr. Goldberg is unable to be present this evening. We are neighbors of the Saddle Club and Grant Street area About 200 people in the particular area are associated in a non-profit organiza- tion to hopefully build a swimming pool in the area. Various parcels have been looked at but none of the owners seem to want to sell any land After an inspection of the Assessors' maps, it was determined there are two lots owned by the Town and an Article was submitted by the neighbors asking the Town, through the Board of Selectmen, to sell the two parcels. Mr Altman showed a map of the area and said that Parcel A has 81 ,000 sq. ft. and has access to Brookwood Road; Parcel B has 52,000 sq. ft. and has access. These parcels were deeded to the Town as part of the subdivision to satisfy the requirement for open land under the provisions for cluster zoning By one deed, the Town has received the conveyance of parcels A and B Parcel A is con- tiguous to land owned by Mr Leary, but he doesn't want to sell any- thing. Parcel B is contiguous to Town-owned conservation land. The feeling of the neighbors is the intended use not be deleterious to Saddle Club the Town; as the zoning By-Law indicates, the purpose is for conser- Area Swimming vation, outdoor and park purposes, and we hope the lot will be sold Club I for outdoor recreation. You might say the recreation facilities in the center are crowded; the pools and ball parks are crowded, and the neighbors want to do something for themselves. It is not the intention to steal any land, but for conveyance at a fair price determined by the Board for conveyance or by restrictions in the deed. We must compli- ment Town Counsel that it can be accomplished. The neighbors are not looking for a bargain but whatever the Board determines. The net result will be that it is accessible and if the Board wants to control it, we would let them. Are there any questions? Chairman Cataldo As far as I am concerned, we would encourage you to get together to set up neighborhood facilities, especially for tennis courts. Mr Chikles Parcel A would be preferred. Chairman Cataldo Can we sell this land? Mr Legro 1 haven't considered it but it ought to be consid- ered by this Board, the Planning Board, and the Board of Appeals if there is a change of ownership. There is no restriction in the deed, this was acquired under the Board of Appeals and the Planning Board for cluster zoning and, under the By-Law, for recreation and park purposes. Another question to be considered is that it is supposed to specify the manner in which it was taken. There is a limitation for a maximum of 20% of paved area to be devoted to construction. Mr. Altman I have a photostatic copy of the deed. Mr. Buss came into the meeting 214 Mr Busa For the record, this organization was in inception when Mark Moore started to develop the Ridge Estates; the same people ap- plied for a swimming pool permit and the owners offered to sell a parcel large enough to build a swimming pool , and the Board of Appeals turned them down. I believe all the neighbors who wanted to join couldn't, and parking was a problem, and a restriction of hours, and I believe this was the reason the Board of Appeals turned them down. I was one of the owners and I can't see that after a subdivider deeds this land to Lexington and then it reverts back to private ownership that there should be some restrictions on who could participate. It should be open to whomever could join Mr. Chikles Initially, we sent out a circular offering open membership and after we exhausted our membership, we included people from Burnham Farms. For future occupants for lots that hadn't been sold in that area, we would make provisions for future membership. All of the people that are living there are members, except the Johnsons who have their own pool going in. Mr Bailey Has anything been discussed with the Planning Board? Mr. Altman Yes, Mr. Goldberg did. We would hope to get inform- ation to the Board, the Planning Board and the Recreation Committee and, at Town Meeting, we would feel we had done our homework. Mr Goldberg spoke with Mr Zaleski and without attempting to make any recommendation on behalf of the Planning Board, he thought it a great idea and consistent with the zoning By-Law Chairman Cataldo Do you have a layout? Mr Chikles No; we received preliminary estimates from pool butI ders. If we had approximately 75 families, it could be a 60' x 30' with diving board; if we had 100 families, we could handle possibly a pool 80' x 40' Chairman Cataldo I assume you are asking the Board to support the Article in the Warrant? Mr Altman Yes Chairman Cataldo It is my recommendation that you talk with the Planning Board; they are implementing subdivision control. I , for one, feel this is the proper use of the land. Mr Altman We felt the Board of Selectmen was the place to start. Mr Chiklis There were two different attempts to start swim- ming pools; people were trying to build one in the Maureen Road area and not our particular neighborhood, and people on East Street thought it would bring undue traffic into the area Mr Busa When homes are sold to people and the homes back up to it, the Town is put in the position that neighbors build it and it is a congested area Mr Altman This land could have been conveyed to a trust and it is available for recreation, conservation and park purposes under the zoning By-Law. Mr Cataldo We are saying if you don't approach the situation properly, you are going to be denied; be careful of the egress and entrance Numbers mean noise and traffic problems, and to consider to what radius you will allow this. 215 Mr. Altman Both of these lots are well suited to this intended extent; there is a natural tree covering, a screening for the parcels for noise pollution and abatement for parking of the cars that would be slightly seen from the contiguous property. We have visualized where the pool and tennis courts may go and both areas are ideal and there is almost no ability to see it from the outside, and would pro- vide the optimum results by keeping things at low level . Mrs. Riff in Since these open parcels were created by cluster zoning by a reduction in the lots, we would look on a proposal more favorably if every person and the developer agrees to whatever you propose. When there is a swim meet, there are cars on the street, and that the members have joined and have agreed they would like to see the land used in this way. We would like it limited to 75 or 100 families, so we can see what the scope is. Mr. Altman The developer was approached to sell a lot and he was not open to the suggestion to sell a lot. Some in the group thought we should approach the Town to buy parcel A or B, and the de- veloper is in favor of it; he formulated it himself within the group. Mrs. Riff in I would agree if every individual in the cluster could join. Mr Chikles On-street parking would be prohibited. Chairman Cataldo How would you stop it? Mr. Chiklis It would be in our by- laws. Chairman Cataldo We would like to be apprised of your plans; if you develop a schematic we would like to see it; especially the ' traffic patterns and how you are protecting the brook, and how you are treating the area in the brook. Although we agree, we have to look at these things in everybody' s interest. Mr t4cSweeney And also consider the utilities that are avail- able. You will need sewer, water, drains and electricity. Mr Altman The sewer is there Mr. McSweeney I don't think so. Mr Altman The sewer easement has been taken, as Town Counsel can tell you Mr Legro That is the trunk sewer Are there laterals down there? Mr McSweeney In the subdivision Chairman Cataldo. We are submitting Saddle Club Road to Town Meeting this year, but the sewer is not there yet. Mr Busa I suggest you get the list of names and the people who participated in the Maureen Road pool . Mr. Chikles The people in the Maureen Road area have all been solicited. Mr. Busa If some of these names were left out, they would be the first ones to cry Mr Kenney What is the minimum square footage? Mr. Chikles 20,000 sq. ft would suffice; we had the pool and parking laid out and it was tight but it was possible. Mr Altman That is why the Board and the Town holds the key to this project 216 Mr Chikles As I said in the proposal , the Town is our last resort. Chairman Cataldo Not that I am saying we will not, under the right conditions, support the Article If you will submit a plan, we would like to see it Mr Altman agreed and the group retired from the meeting Chairman Cataldo read a letter from the Chamber of Commerce invit- ing the Board members to the annual dinner on January 26, 1972. Mr Bailey informed the Board that the residents are alarmed again on the Eldred Street-Bedford Street traffic situation. The Traffic Traffic Committee is meeting tomorrow and I would like to request them to re- Eldred St. view the situation and report back to us, and we would be obligated to Bedford St pick it up from there Upon motion duly made and seconded, it was voted to request the Traffic Committee to make the necessary arrangements for a traffic sur- vey and evaluation to see in what way the problems of the intersection at Bedford and Eldred Streets could be solved Mr Kenney mentioned the number of bills now in the Legislature. Chairman Cataldo I am planning to attend the special meeting of the Legislative Committee on January 20 and we should wait to take a position, onthe whole package. The Board agreed The Board discussed a plan of the Green and White land taking for the Woburn Street school site. Mr. Bailey asked about access. Chairman Cataldo We have agreed with Green and White that When Green & it is layed out, we will get two accesses, we have three vehicular White plus one pedestrian now, and we want the othet two. This was 'to Woburn St. give them the flexibility of a better development. School , Mrs Riff in Has Conservation reviewed this? Site Chairman Cataldo No, they reviewed it before the actual survey. Upon motion duly made and seconded, it was voted to request 'Town Counsel to draw the necessary orders of taking, based on the submitted plan, for the Green and White land for the Woburn Street school site. The Board discussed the proposal for the establishment of a Youth Commission, as submitted by the Ad Hoc Youth Commission. The Youth proposed membership was to consist of a member of the Board of Select- Commis- men, School Committee, Recreation Committee, T.M.M.A., Council of sion Congregations, Chief of Police, three teachers from L.E.A., and nine students; plus, ten from nominees received by the Board of Selectmen annually from organizations of and for young people, such as Mystic Valley Mental Center, High School P.T S.A., Re-Place, Citizens' Com- mittee for Lexington Public Schools, Attic, Hayden Recreation Center, Citizens' Committee for Lexington Youth, Lexington Drum Committee, Boy Scouts of America, Girl Scouts of America!, and 4-H Club; no more than one member to be appointed from any one organization. 1 217 Mr. Busa There are groups that are not mentined, such as the Masons Catholic Youth Organizations, and the Jewish Youth Groups. Mr. Bailey We could go for the first eighteen and tell them what our reservations are and the problems as we see them. Chairman Cataldo Before 5t was adopted, we should sit with these people and go down the list to see what the intention of the organiza- tion is and have a cross section, it won't work unless there is a cross section of people and thinking. Mr Bailey They are trying to limit the number of people involved to twenty-eight, but they are capable of making a new group not mentioned in the By-Law. The Board agreed that Mr Busa is to talk with Dr. Monderer and re- port back. Upon motion duly made and seconded, it was voted to go into Exec- utive 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 reputation of a Session person. After discussion of matters regarding' claims against the Town and an appointment with Attorney McCormack to discuss negotiations concern- ing a lot of land, it was voted to go out of Executive Session A true record, Attest ' /, xecutive Clerk, Selectmen 21S SELECTMEN'S MEETING 111 January 24, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, January 24, 1972, at 7 30 p.m Chairman Cataldo, Messrs. Kenney, Bailey, Busa, and Mrs. Riff in; Mr. Legro, Town Counsel ; Mr O'Connell, Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works, Mrs McCurdy, Executive Clerk, were present. Hearing was declared open upon petition of the Boston Edison Com- pany to install one pole on Grant Street Notices of the hearing were mailed to the petitioner and abutter Pole listed on the petitioners' plan, and also filed with the Town Engineer. Grant St. Mr. Pratt, representing the Boston Edison Company, was present and informed the Board that this petition was at the request of the Town for street lights on Grant Street, this would be a new pole be- tween poles numbered 38 and 39. 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 permission to the Boston Edison Company for the following location Grant Street, northwesterly side, approximately 105 feet of Hayes Lane - one pole. Hearing was declared open upon petition; of the Boston Edison Pole Company and the New England Telephone Company for the relocation of Tarbell one pole on Tarbell Avenue. Avenue Notices of the hearing were mailed to the petitioners and own- ers of property listed on the petitioners' plan, and also filed with the Town Engineer. Mr. Pratt, representing the Boston Edison Company, was present and informed the Board that this petition was at the request of Mr. Leopoldo L Camin, 32 Tarbell Avenue, who wants to put in a driveway and would like the existing pole moved 30 feet. Mr. Camin was present and recorded in favor of the petition. No one appearing in opposition, the Chairman declared the hear- ing closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company and the New England Telephone Company for the following location Tarbell Avenue, northerly side, approximately 674 feet easterly from Taft Avenue, one pole; also, remove one pole. , 219 IIIChairman Cataldo read a petition from the Boston Edison Company and the New England Telephone Company for the relocation of three poles on Taft Avenue. Mr. McSweeney This petition is for the relocation of poles as part of the sidewalk relocation 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 location Poles Taft Taft Avenue Relocate Pole 131/17 five (5) feet, northeasterly, Avenue one ( 1) pole, also, remove one ( I) pole. Relocate pole 131/18, five feet northwesterly, One ( 1 ) pole also, remove one ( I ) pole. Trench pole 131/20, one ( I ) foot easterly, one ( I ) pole. Upon motion duly made and seconded, it was voted to approve bonds for Deputy Collectors Paul E. Kelley and John J Furey, in the Bonds amount of $2,500 each. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration Rev. Edward Gaudette 1977 Massachusetts Avenue "Sancta Maria House, Inc." Cert. of Incorp. il Louis Menand 64 Sherburne Road "Tutoring Plus of Cambridge, Inc." Upon motion duly made and seconded, it was voted to grant the re- quest of Chief Corr to appoint the following Special Police Officers, for a period expiring March 31, 1972 Special Police Walter T Kenney, Jr 16 Dane Road Howard A Smith 16 Childs Road Chairman Catakdo read a request from Double A. Incorporated, oper- ator of a jitney service from Fitchburg and Leominster to Logan International Airport, to travel through Lexington via Route 2 with no stops Travel Upon motion duly made and seconded, it was voted to grant permis- Permit sion and issue a license to Double A Incorporated, Lancaster Road, Shirley, Massachusetts to travel through Lexington via Route 2 to Logan International Airport, no stops Chairman Cataldo read a letter from the Sheraton Lexington Motor Sheraton Inn requesting a temporary extension of hours under the Club Liquor Lex Inn License from II 00 p.m. to 100 p.m for a three months period The requests letter states that at present the business is suffering significantly hour ext 220 from the competition in nearby communities, particularly those of Burlington and Newton, where the availability to serve liquor has ," been extended to 100 a.m With an extension of our liquor license for a 100 a.m. closing, we would feel more comfortable in proposing the major expansion of 100 additional guest rooms. F Chairman Cataldo We have been requested before to extend the hours and have voted against it What is the Board' s feeling? Mr Kenney We are sympathetic with the background and the request; however, we had interpreted the vote authorizing the Town to give liquor licenses with restaurants and not to have cocktail lounges Chairman Cataldo I explained to Mr Von Londen if the Town wanted a full liquor license, the Town had the opportunity to vote it. I told him to feel free to petition the Board to vote the extension of hours, and he did We will soon be faced with Denny' s restaurant and they will want a 24-hour license; they have been in- formed that we never grant a license for 24 hours Mr Kenney It is the interpretation we have put on it and l would be inclined not to change my mind. Upon motion duly made and seconded, it was voted to deny the request of the Sheraton Lexington Motor Inn for an extension of hours under the liquor license from II 00 p.m to 100 a.m. Chairman Cataldo read a letter from Daniel A Lucas, Presi- dent of MacNeil Insurance Agency, Inc , 19 Depot Square, Lexington Insurance stating that his agency has purchased the Win S Couette Insurance Agencies Agency effective December I, 1971 , and he would appreciate it if the records indicate this in the annual ,apportionment of partici- pating agents for the Town's insurance program Mr O'Connell has received a copy of the letter and it will be so noted Mr Michelman was present at the meeting, and said that he did not wish to carry on a public discussion on the matter of the letter he had written to the Chairman regarding the Warrant Article for participation by the Housing Authority for housing for families of low or moderate income. Chairman Cataldo Any letter that comes to the Board Office is always treated as a Board matter. The Board agreed not to publicly discuss the letter Chairman Cataldo read a letter from Eugene B. Skolnikoff, Skolnikoff 3 Chandler Street, withdrawing his request for a sewer connection Sewer as such a connection is both costly to the town and to him:.and not fully necessary Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen' s meeting of January 17, 1972. 221 Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Superintendent of Public Works and sign water abatements for the following: Donald Smith 24 Harbell Avenue $ 24 26 - Wrong meter reading Raymond Pittman 32 Homestead St 35 00 - Wrong billing Water Edward Desmond 29 Centre Street 2 70 - Wrong billing Abate- H S Swartz 27 Muzzey Street 132 30 - Wrong meter reading ments G F. Zecher 22 North Street 56 49 - Wrong meter reading Tony Cataldo 41 Rindge Avenue 98 82 - Billing to wrong acct Arthur L. Cody 14 Albemarle Ave 10. 15 - Wrong billing Charles Copelotti 30 Pearl Street 2 80 - Meter read wrong James W. Flanagan 12 Charles Street 10 15 - Meter read wrong C W Little 42 Buckman Drive 7 00 - Wrong billing James Catalano) 643 Waltham Street 283 37 - Wrong meter reading Ralph M. Smith 1162 Mass Avenue 8 75 - Water off-meter out 1970 Chairman Cataldo informed the Board that an application has been received from John P Carroll Co , Inc 31 Allen Street, for a Class Ill License. We have never issued a Class III permit except in connec- tion with Class I , but they have a permit from the Board of Appeals and, Class III in order to operate, they need this permit. The Registry of Motor License Vehicles requires this as the motor numbers must be registered. Carroll Upon motion duly made and seconded, it was voted to sign the Class Ili License for John P Carroll Co., Inc , 31 Allen Street, Lexington, for the buying of second hand motor vehicles for the purpose of remodel- ing, taking apart or rebuilding the same, or the buying or selling of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicles. Chairman Cataldo read a request from the Superintendent of Public Works for an increase in overtime rate for the custodians from $4.25 per hour to $5.00 per hour. The present rate does not entitle them to time and one-half under their present salary rate schedule and, with Custodian the upcoming step raises, it would only drop them further behind Overtime The custodians are always conscientious when working a detail at Cary Increase Memorial Hall and the meetings held in the Town Office Building. After discussion, the Board agreed to the increase. Upon motion duly made and seconded, it was voted to increase the overtime rate for custodians from $4.25 per hour to $5.00 per hour, effective February I , 1972. Chairman Cataldo said that the Board had asked the Traffic Commit- tee for a report on the intersection at Bedford and Eldred Streets. Traffic It has been received and states that the Engineering Department has Bedford been requested to carry out a new traffic count and to seek whatever Eldred information may be available at a working level from the Massachusetts Streets Department of Public Works. It is our understanding that an engineering 222 evaluation of this intersection is being conducted by District 4 Engineer of the Massachusetts Department of Public Works as a result of the re- cent fatal accident We believe a copy of this report should be requested officially from the District 4 office by the Board of Selectmen The report may .be of considerable help in our studies. The Traffic Committee will report to you as soon as a traffic sur- vey is completed and evaluated Upon motion duly made and seconded, it was voted to request a copy of the report from the State DPW District Highway Engineer regarding the intersection of Bedford and Eldred Streets. Mr. Bailey informed the Board that a number of residents got to- gether with Howard Levingston and would like to have an opportunity to sit down with the Traffic Committee and representatives of the Board of Selectmen to ascertain that the Traffic Committee and this Board are aware of all their concerns Chairman Cataldo Mr. Levingston talked with me and I said that we would meet with them Let me talk with the Chairman of the Traffic Committee and set up a meeting to be held some evehigg. The Board agreed. i.i The Board discussed the request of Mrs. August Schumacher, 148 Wood Street, to purchase lots 82 and 83 in the Colonial Heights section. Schumacher The Board had previously instructed the Chairman to talk with Mrs. Lots Schumacher to see if she would accept part of these rots instead of the lots in total Mrs. Schumacher has agreed to continue the back lot line through these two lots and is willing to purchase the smaller parcel . Mrs. Riffin raised the question if the Planning Board agreed with this It was agreed to once again contact the Planning Board to see if they would agree to this approach. Chairman Cataldo discussed the Scottish Rites' home at Marrett Road and Massachusetts Avenue. Chairman Cataldo As we talked before, there was concern for the protection of the open space. I met with Mr. Maxwell , Executive Scottish Secretary of the organization, to see if they would make available and Rites guarantee to the Town that the 200 ft strip would be maintained as it Home now exists and he agreed it could be accomplished within their own framework and our framework. I also asked Mr. Maxwell what the feeling would be on cutting the corner and moving the house to the corner. Mr Maxwell said that as far as his organization was concerned, they would fight it Mrs Vetter of Lexington is anxious to move the house and is meeting with me tomorrow to discuss this. 1 44.3 CommitteeExpenditures The Appropriation and the Capital pen i E tures Committee met with the 6bard to discuss the Articles for the Warrant and the re- I III quested appropriations. Article Appropriation I To choose by ballot Town Officers Question on ballot - Beano 2 Reports of Boards and Committees 3 Cary Lecture Committee Bd of Sel . 4 Appropriations for expenditures 5 Approval of Town Treasurer to borrow money 6 Transfer of unexpended appropriation balances t© E & D 7 Raise & appropriate money to pay unpaid bills 8 Appropriate money for Reserve Fund 9 Director of Accounts of State for audit " 10 Funds for pensions for Police and Fire Depart- Pol $ 28,500 ment Fire 16,500 II Appointment of Selectman to Board of Appeals 12 Supplementary appropriations for installation or construction of water mains, sewers, drains etc 13 Street lights 14 Appraisals & Options 2,500 " 15 Westview Cemetery Development 4,000 �� 16 Curbings 5,000. 17 Drains 36,000. 18 Water mains 0. " 19 Sidewalks 50,000. 20 Sewer mains 480,000. 21 Trunk sewers 120,000. 22 Highway maintenance - Chapter 90 6,000. 23 Permanent Street Construction 0. 24 Public Works equipment 78,000. " 25 Streets - Engineering services & plans 10,000 26 Eradication of mosquitoes 9,800. Bd. of Health 27 Bd of Health - Mystic Valley Children' s Clinic 18,346 Lib. Trust. 28 Cary Library - State aid 11 ,957.25 Bd. of Sel . 29 Sewer mains - Engineering services & plans 0. 30 Reimbursing subdividers 0 31 Chapter 90 - Highway construction 60,000. M.R.V.T.S.D 32 Minuteman Regional Vocational Technical School District (Budget) 16,640. M.R.V T.S.D 33 Minuteman Regional Vocational Technical School District (Amendment #1 to the agreement) Lib. Trust. 34 Cary Library - Final plans and specifications - remodeling, additions and equipping 112,000. Bd. of Sel . 35 Plans & specifications for remodeling Fire Headquarters Building 7,500. 224 Article Appropriation Bd of Sel 36 Replacement of Fire Truck $ 57,000 37 Emergency Power - Fire Department 6,000. Town Mgr 38 Amendment Article 39 - 1966 (Radio: Cornmuni- cation) Bd of Sel . 39 Extension of Meriam Street parking lot 44,000. " 40 Authority to use Chapter 616, 678, 679 for resurfacing 50,000. " 41 Light - Concord Avenue & Waltham Street 20,000. Bicen Comm 42 Bicentennial Celebration (Budget) 10,000. " 43 Preliminary plans & specifications for museum 3,000. Recreation 44 Master Plan - Harrington Playground 1 ,500. " 45 Willards Woods - (walking & bicycling path) " 46 Master plan & water supply at "Old Res" 3,500 Bd of Sel . 47 Lincoln Street recreation area 20,000. 48 Bequest - Kay Claudine Foster ($300.) 49 Bequest - Katharine Harrington (Scholarship) 50 Gift of land - Lot 462 Banks Avenue " 51 Gift of land - Rte 2 and Hayden Avenue Conservation 52 Dr Chabot land - Waltham St (Gift) 53 Hill-Meek Property - Marrett Road (Purchase) 30,000. Bd of Sel . 54 Bevington-Stankard Land - Marrett Road (Purchase) 25,000. Conservation 55 Porter & Waymint Realty Trust Property (Lowell Street) (Purchase) 56 Pinard Land Lot 14B Map 54 (Purchase) 14,000. 57 Hamilton & Baldwin Realty Trust (Concord Ave ) (Purchase) Bd of Sel 58 Ashley & Lexington Associates Land; (Marrett Rd.) (Purchase) 25,000. Conservation 59 Ashley & Lexington Associates Land (Marrett Rd.) (Purchase) " 60 Vine Brook - Off Grant St (Easement) " 61 Munroe Brook - Maple St to Lillian Rd (Easement) 62 Authorization for state & federal aid for land acquisition 63 Additional appropriation to Conservation Fund Bd of Sel . 64 Bow St Layout - 616, 678, 679 funds 15,000. 65 Mass Avenue Layout (Central Block) 5,000. (616, 678, 679 funds) - Article 65 - 1965 .4;019.41 66 Abernathy Rd., Ingleside Rd. to end (Subdivision St Acceptance) 500.00 67 Birch Hill Lane, Lincoln St to end 68 Clyde Place, Ingleside Rd. to end 69 Conestoga Rd , Wood St. to end 70 Dudley Rd;, Goffe Rd. to Philip Rd 71 Goffe Rd., Worthen Rd. to Philip Rd. 72 Heritage Dr , Volunteer Way to Volunteer Way . L. of Set. Article Aooroeriation Dd. of Sel . 73 Ingleside Rd., Maple St to Sta 22+50 (Clyde PI .) 74 Pheasant Lane, Birch Hill Lane to end 75 Worthen Rd , Pleasant St. to Bowman School 76 Maureen Road from 400 ft. north to 250 ft. south of Maureen Rd. 77 Emerson Road from 400 ft. north to 250 ft. south of Maureen Rd. " 78 Acceptance of parcel of land off Village Circle from Village Dev Corp. " 79 Amend General By-Laws - Committee Report (Art 75) F1lanning Bd. 80 Arc. C - zoning amendment (Commercial reacreation facilities) 81 Art. R - zoning amendment (Special permit for restaurants, etc ) 82 Art. S - appropriate funds for soil & drainage studies ft It 83 Art. T - to authorize Selectmen to sell at less than fair value tax title lots 84 Art. V - zoning amendment ( land not needed for housing for JJ elderly off Waltham St ) E�}d. of Sel . 85 Void authority to convey Vine Brook land area 86 W P.C. Mass 217 abandonment of R.0 W (Easement) 87 Acceptance of Section 22D of Chap 40 (Removal of Parked Vehicles) 88 Authorization to sell surplus equipment from North Lexington Pumping Station own Mgr. 89 Data Processing Study Committee itizens 90 Bicycle paths or routes (amend General By-Laws, Article XXIV, Section 7) Citizens 91 Oak Park land to Saddle Club Pool Assoc., Inc " 92 Butterfield' s Pond - release flowage rights It 93 Amend zoning By-Law (easterly side of Bedford St ) Mark Moore 94 Gift of land for conservation purposes (Bedford St.) 95 Amend Zoning By-Law - Multi-family dwelling districts 'Concord Avenue) 96 Appropriation - 2 tennis courts at Diamond Jr High $20,000 " 97 Amend Zoning By-Law - CH-hotel , office & research park dist. to C.G. (Bedford St ) 98 Amend General By-Laws - The Battle Green 99 Approve participation by the Housing Authority (Low or moderate income housing) 100 Study Committee - Public trash Bd. of Sel.. 101 Appropriation - reduction of 1972 tax rate Mr. Furash informed the Board that the report of the Appropriations will go to the press by February 14, 1972 Mr. .Levingston informed the Board that the TMMA meetings will be held on March 1 , B and 15. The bus tour will be on March 12, and will originate at the library. Article 4 and, perhaps, the Library will be discussed on March 1. 226 Chairman Cataldo reminded Mr. Levingston that the first meeting has been scheduled at a busy time as it is the week before election day. Mr. Levingston agreed to take this into consideration and discuss it with TMMA. Chairman Cataldo informed the Appropriation Committee and the Capital Expenditures Committeetthat the requested reports on land acquisition policy had been submitted by them at a very late date. Land The Board agreed to request the Appropriation Committee and the Acquisi- Capital Expenditures Committee to designate one of their members to tion serve On the Land Acquisition Committee. A designee from the Con- servation Commission, Planning Board and Recreation CoMmittee has also been requested and, as soon as all members have been designated, a meeting will be scheduled. The Appropriation Committee. and Capital Expenditures Committee retired from the meeting Mr. Busa reported to the Board that he had met with Dr. Monderer on the proposed Youth Commission. We discussed the appointments to the Commission and came to the conclusion that ten people were to be selected out of the entire group of organizations. Letters should be sent to all organizations who are interested in youth, either those listed or not in Sect i on 2_of-the proposa i . The organizations Youth will be requested to send in one name and ten will be selected; all 111Commission will be adults, over 21 years of age. Mr. Kenney recommended that the list include the Campfire Girls, Catholic Youth Organizations, DeMolay, Raihbow Girls and Temple Youth Organizations. The Board agreed to include them and all churches in Town. A letter is to be sent to the organizations requesting that a nominee be submitted by February 14, 1972. Mr. Kenney reported to the Board on the dog hearing held on January 21, 1972 upon a written complaint received concerning two dogs owned by Stanely Trzaskos, 10 Augustus Road. Trzaskos I . Dog named McGurk It was brought out at the hearing that there Dog was a feeling that the complaint against this dog would be dropped as long as the owner agreed to abide by the Town leash law. Mr. Trzaskos agreed. The recommendation is Or no action. 2 Snoopy (deaf) a. Record indicates that there were at least three attacks and/or bites on three occasions, by this dog, the' most recent 'being on January 5, 1972 b. Nineteen neighbors signed a petition requesting the removal of this dog. I 227 c At least seven people testified against this dog. All were asked if they considered the dog vicious - if they were fear- ful . All answered in the affirmative. One person felt the dog was not a menace. I For the safety and peace of mind of the people in this neighbor- hood, and bearing in mind that the dog might attack again, the recommendation is that the Board order the removal of the dog from the Town. Chairman Cataldo asked that the Trzaskos be given an opportunity to find a home for the dog. We should give them some time with the proviso that the dog be completely restrained. Upon motion duly made and seconded, it was voted to issue an order to Mr. Stanley Trzaskos, 10 Augustine Road, stating that the dog named Snoopy must be removed from the Town within 30 days, during which time the dog should be permanently restrained. Mr. O'Connell reported that Mr. Heustis and Mr Irwin attended the hearing on Air Pollution and there is every indication that the Air Pbttu- State will go forward with the regulations The burden will be put tion on local government Upon motion duly made and seconded, it was voted to adjourn at 10.26 p.m. A true record, Attest %.,J4/1 E ecutive Clerk, Selectmen 228 SELECTMEN'S MEETING January 31 , 1972 A regular meeting of the Board of Selectmen was held in the Selectmen' s Meeting Room, Town Office Building, on Monday evening, January 31, 1972, at 7 30 p.m Chairman Cataldo, Messrs. Bailey, Busa and Mrs Riff in, Mr Legro, Town Counsel ; Mr. O'Connell, Town Manager; Mr McSweeney, Town Engineer, and Acting Superintendent of Public Works; Mrs. Mascetta, Acting Executive Clerk, were present. Chairman Cataldo addressed Mr. Legro and Mr O'Connell for re- ports, if any. Mr. Legro had nothing to report. Mr. O'Connell had one item that he would take up with the Board during Executive Session Chairman Cataldo read a letter from the Lexington Minute Men, Inc. requesting permission to re-enact the "Battle of Lexington" on April 6, 1972, and assistance to resolve a few minor problems. The Board agreed to refer the letter to the Celebrations Committee so that this re-enactment may be included in their program. The Board Lexington has no objection as long as the Traffic Committee and those`con- Minute cerned are notified. Men, Inc Mr. O'Connell One question that will arise, if there is a Sunday re-enactment some of the organizations will ask for a two day permit rather than a one day permit, that is if they are given their Annual Permit Chairman Cataldo If there is just this program, then there should be no problem. It was moved, seconded and unanimously voted to refer the letter to the Celebrations Committee to be added as part of the total program. Chairman Cataldo read the letter received from Thomas S. Wilson, 473 Lowell Street, relative to his acceptance of $150 award for Wilson damages by reason of taking The Chairman noted that it would be Award for necessary to refer this to Town Counsel that he may draw the neces- Damages sary documents to conclude this contractual obligation. Upon motion duly made and seconded, it was unanimously voted to refer Mr Wilson's letter of acceptance of $150 damages award to Town Counsel for preparation of necessary documents. Chairman Cataldo read the letter from Attorney Paul J. McCormack Domings Lot relative to property owned by Edward E and Mary L. Domings - 37 Valleyfield Valleyfield Street During discussion the Chairman noted that it Street must be clear that the action of this Board is only to remove the restriction inserted in the deed of the initial conveyancing; all other conditions and titles would remain the same, 2299. Ill The Board received a letter from the Burlington Board of Selectmen reuesting their assistance by asking their Senators and Representatives to support proposed legislation which would impose a penalty on the communities found guilty for not abiding with the so-called 100% assess- ment law. The proposed billis being submitted jointlyby Senator MacKenzie and Representative Vigneau Chairman Cataldo I see no advantage in Lexington supporting this legislation. Mr O'Connell noted that this might work in adverse. Certain Burlington monies reimbursed must have been worked out in equal valuation. 100% Attorney Legro in my opinion, this legislation can add nothing Assessment but difficulties and expenses. Bihl Mrs. Riffin We have been asked to support this proposed legis- lature without substantial information. Should we know more, we may consider to support it It was Burlington' s Chairman that supported this legislation at the Massachusetts Selectmen' s Association meeting. Chairman Cataldo What is the Board' s desire, should we write and request reasons for this request of assistance and support? It was agreed that the Board request specific information as to reasons why this bill should be filed, and why the Lexington Board of Selectmen should support it Chairman Cataldo read the letter received from the Metropolitan Area Planning Council and noted that detailed explanations were en- M.A P.C. closed. The Council is at this time seeking funds for improvements FAA/Airport to Hanscom Field Development Chairman Cataldo This is an application for funds, they are Aid not seeking approval for construction Mr Bailey Is this request consistant with a previous discussion on this matter? Chairman Cataldo It is pretty much so. Upon motion duly made and seconded, it was unanimously voted to approve this notice of intent by the Metropolitan Area Planning Council of the Massachusetts Port Authority to apply for FAA/Airport Development Aid funds for certain improvements to Hanscom field The Notice of Intent for street lay-outs was read by Chairman Cataldo, as follows Bow Street on the easterly side from a distance of 54 feet more or less, south of the centerline of Mill Notice of Brook Drain Easement northeasterly to a dis- Intent - tance of 180 feet, more or less, northeasterly Street of the centerline of Mill Brook Drain Easement. Lay-outs Mass: .Avenue: from the westerly sideline of Depot Square a distance of 137 feet, more or less, westerly to the easterly sideline of Meriam Street 1 230 Emerson Road from a distance of 140 feet, more or less, east of the centerline of Maureen Road to a distance of 393 feet, more or less, west of the centerline of Maureen Road. Abernathy Road from Ingleside Road a distance of 661 feet, more or, less, easterly to end Birch Hill Lane from Lincoln Street a distance of 948 feet, more or less, northeasterly to end Clyde Place from Ingleside Road a distance of 296 feet, more or less, southerly to end. Conestoga Road from Wood Street a distance of 794 feet, nmore or less, easterly to end. Dudley Road from Goffe Road a distance of 901 feet, more or less, southeasterly to Philip Road Goffe Road from Worthen Road a distance of 777 feet, more or less, easterly to Philip Road Heritage Drive from Volunteer Way a distance of 1753 feet, more or less, southerly, easterly, and northerly to Volunteer Way. Ingleside Road from Maple Street a distance of 2232 feet, more or less, northerly to Clyde Place. Pheasant Lane from Lincoln Street a distance of 1066 feet, more or less, northeasterly to Birch Hill Lane. Worthen Road from Pleasant Street a distance of 2069 feet, more or less, northwesterly to the limit of the previ- ously accepted portion of Worthen Road. Maureen Road from East Street a distance of 503 feet, more or less, southerly to Emerson Road. Upon motion duly made and seconded, it was unanimously voted to sign Notices of Intent to lay put Streets as. read Chairman Cataldo informed the Board that a hearing will be held on Wednesday, February 16, 1972 at 8 00 p.m. in the Cary Memorial Hall. The Board received a letter from Herbert W. Eisenberg, Chairman of Eisenberg S.:A.C., regarding Spring Street. A meeting was held between the Citi- Associates zens Advisory Committee and the committee from Spring Street, at which Question- time the entire situation was discussed. It was understood that the noire residents were told that the Board of Selectmen would send out ques- tionnaires concerning plans for the construction of the street, to be evaluated in whichever manner best suits the Board 231 Mr Buse I believe it would be better to have mail returned to this office in order to insure its not being lost in transit If we are willing to collect the mail , he should come in to see our tally. Chairman Cataldo I submitted the letter to Mr. McSweeney for his evaluation, and we both agreed that two points should be changed I) The questionnaire should be returned to the Selectmen' s office. 2) The date for return should be February II , 1972. It is my feeling that, as we discussed at the hearing, the Board would receive the questionnaire and make public the final tally, and not report individual names, but just total number received in return. Later on the Chairman discussed with the Board the point of no signatures being required, and it was the feeling of both Mr McSweeney and the Chairman, for the purpose of record and tabulation, that signa- tures should be required It was agreed by all members that this change should be made on the return questionnaires The Chairman is to inform the Advisory Committee of these changes. Chairman Cataldo read a letter from Mrs Judith E Singer, PhD., resident at 48 Balfour Street, dated January 25, 1972. The letter Hamilton stated that Hamilton Photographers have been soliciting in the streets Photograph of Lexington, offering a coupon for a photograph taken in the home Solicitors Part of their sales pitch is that their reputation is attested by the licensing of the Town' s Board of Selectmen. Chairman Cataldo replied on January 26th as follows The Board of Selectmen has been advised that Hamilton Photo- graphers have been soliciting in the Town of Lexington, offering one coupon for a photograph taken in the home. Your solicitors are informing the people that they have been licensed by the Lexington Board of Selectmen This Board feels very strongly about this matter, therefore request that you appear before us at 7 45 p.m on Monday evening, January 31 , 1972 to discuss this matter Please inform this office of your intention of accepting this appointment. Chairman Cataldo informed the Board that as of this afternoon, there was no word received from Hamilton Photographers Late this afternoon Mr Cataldo contacted the Police Department, informed them of the situation, and placed the matter in their hands until further notice Chairman Cataldo informed the Board that a memo regarding the TOPICS TOPICS Program was submitted by John J McSweeney, Town Engineer, with Program a copy of the original Phase Ill- project group proposal , and asked Mr. Phase III McSweeney to present the issue in capsule form to the Board 232 Mr McSweeney asked that the Board review these submitted copies and noted that the Traffic Committee did change some of their priorities on the overall project. We are requesting your concurrence with the Traffic Committee' s recommended list. Approval of this list does not indicate that this will be the final say that the town has as to what willulti- mately take place, but only an approval to go ahead on to Phase III Upon motion duly made and seconded, it was unanimously voted to confirm this action of the Town Engineer and give the TOPICS co-ordinator approval to begin Phase III , comprehensive studies of the location as listed. Chairman Cataldo informed the Board that letters were to be sent out to request submittal of nominees for appointment in the forming of a Commission of Youth He noted that it was the understanding of the Board that ten members to be- appointed by the Board be nominees of adult age. There seems to be some difference of understanding, as Mr Busa indicated after talking with Dr Monderer Mr Busa explained that he talked with Dr Monderer about the mis- understanding A poll of the Committee was taken to see what their Commission recommendations would be The committee concurred with him that there On Youth would be no restrictions on members We would like to have as many adults as possible, but there should be no indication that only adults are preferred Dr Monderer It is my feeling that there be more youth than adults, but there will not be restrictions on nominees; there should not be any restrictions as of age The committee also feels most agencies would be nominating adults It was recognized too that the Selectmen would be in the position to use their own discretion If they wish to use that criterion, then they should do so. Chairman Cataldo If we are going to appoint this Committee, it will be to make it work The feeling has been,made known that this committee should consist of youth and adults. i feel that there should be a clear understanding before we go after nominations If this com- mittee does not work, 1 do not want to feel that it was caused by improper appointments made, I don't want to be on this sort of a spot. Dr Monderer There should be some feeling of understanding You ought to select members on the basis of their contribution, not their age Chairman Cataldo I hear what you are saying; then there should be no stipulation in anything Mr Busa Now this brings us right back to where we were two weeks ago The misinterpretation is on the ten members to be appointed by this Board To resolve this matter, I feel that the committee should meet again to try to iron out the appointing of the tem members of the Youth Commission As long as the recommendations come through with the nominations, we make the appointments on this basis The organization appoints the governing body Chairman Cataldo Then we just appoint from a list of recommended nominees? If we have to appoint by the capabilities of contribution, 2 3°s where do we get the information? I feel that regardless of what the make- up of this Youth Commission, we want it to work. What is the feeling of this group? Any objections to a meeting of the committee to iron things out? Mrs Riffin I feel that each organization should submit their nominations, and we would respect their nominations It was agreed that this would be again reviewed for more positive direction before further action. Mr and Mrs Henri Vetter appeared before the Board to discuss the possibility of opening the Warrant for the Annual Town Meeting for the insertion of an article relative to the conveying of a parcel of land on wbiCh they intend to relocate the Scottish Rites home. Mrs Vetter I am sure that you are familiar with the house in question This house is to be demolished if it remains on its own site There 'has already been some demolition of the interior of this building There has been some anxiety expressed about the saving of this house We want to renovate it and live in it We feel that the location of Vetter 561 Massachusetts Avenue would be suitable because of the size of the Scottish building. We are not asking for all of this land, perhaps half of it. Rites Home We would hope that you would consider opening the Warrant for an article Relocatior to be inserted to allow us to purchase a portion of the land The Con- servation Commission it in favor of this landas a site for the Scottish Rites home. The Planning Board was consulted and they informed us that they had no objection to the project, as such, however they do not wish to see the stock of town-owned land depleted, so they would like to see some method arrived at to return some land to the town. We understand what is involved, but there is no other location that we know of avail- able on which this house can be put If something cannot be done, this opportunity will be lost. No legal arrangement has been made as of this time. We would not want to own the house with no place to put it The lot involved would be at least } acre The Conservation Commission will be consulted for the determination of any lot lines and wet areas. Chairman Cataldo It would be best to take this land in a straight forward manner; not to include any exchange. Next point is to take what- ever legal steps might be necessary. What is the feeling of the Board? As I understand it, the Planning Board has abandoned any intention to further Emerson Road. It is fine to discuss this with the Conservation Commission, but they would be the ones least involved in this purchase. If the Adams school site should ever be expanded, access would be through this property. The issues important now are I . the opening of the Warrant, and 2. Will the Town sell any of this land Did the Scottish Rites give .you a time limit on this' Mrs Vetter No, and I am puzzled about this. We might not be able to move the house for six months, it would be impossible to move it sooner. We have already contacted a mover, and they have ruled out all streets except Massachusetts Avenue for the route to move the building Mr Busa Should we open the Warrant for this? The building that stood on this lot before was equally as beautiful a home as this building that is intended to be placed on it 234 It was finally agreed to discuss this with the Planning Board, which was done at this meeting Mrs. Brown, Chairman of the Planning Board, indicated that all members of the Planning Board were sympathetic with the Vetter's re- quest. This would be a fine thing to do, but we must look into it carefully. This may be the beginning of something. We should have some policy, some balance. Chairman Cataldo Do you feel that we should open the Warrant? Would the Planning Board oppose this article? Mrs. Brown We discussed this during our work session. The general tempo was that time was needed to explore the situation. We are not opposed to the inclusion of the article. Chairman Cataldo Should the Warrant be opened to insert this article, it would have to be a Selectmen's Article at the request of a resident, based on some public interest being served. The School Department will be contacted, and the intent of the Town to sell this land will be checked into before any decision is made. Traffic Comm Chairman Cataldo Regarding the meeting with the Traffic Com- Eldred Rd. mittee and residents of Eldred Road and Bedford Street, a date has Meeting been called for to set up this meeting. Upon motion duly made and seconded, it was unanimously voted Minutes to accept the minutes of the meeting of January 24, 1972. Relative to a previous issue brought to the attention of the Star Board, the Chairmaniinformed the group that the Star Market will Market put up a chain on the lot line. The Planning Board' s main purpose to meet with the Selectmen tonight is to discuss the Site Investigation Article. Mrs. Brown We are trying to find one more way to care for wet lands. The Sub-divisionControl Law, as it is, is of little help. We are not trying to stop development in this Town, but to try to set up some kind of zoning. We have none to propose at this time. A discussion with the Town Engineer in December, and the Board of Site Health, ended in the request for appointment of an ad-hoc committee Investiga- by Town Meeting. We listed four things we wanted them to look into. .tion It was our hope that this committee would be the people to make Article specific suggestions, if any were to be made. We are asking for $8,500 for 1972 based on a figure obtained from three firms.. We are asking for this appropriation in order to analyze the following areas, in this order of priority; I . Land west of Bedford Street between Rte. 128 and Hartwell Avenue, including the impact on downstream lands to the Shawsheen River 2. Upper Munroe Brook areas from north of Woburn Street to Bryant Road. 235 35?" 3. The third site will be one of the following areas, previously considered for development, unless .a new site of high priority is proposed for development Along Vine Brook southeast of Worthen Road Off Waltham Street to Valleyfield Street and Hayden Woods. Clematis Brook area from Town land to Rte. 2. Land southeast of Revere Street and south of the Railroad. Seems that in certain cases that if the Town asks specific ques- tions, information will be available that can be used by all Town Boards, it would be useful to have specific recommendations available to provide guide lines. We solicit your support of this appropriation which we consider essential to proper discharge of our duties as a planning agency and for the protection of the Town and its residents against environmental damage and the high cost of corrective measures. Chairman Cataldo I feel that substantial information is available within our Town Departments. If we are going to spend that kind of money, we should see some substantial reason before we appropriate money for more work in this area. I feel that there is all of that informa- tion in the Engineering Department that can be made use of . Perhaps there are some isolated cases where monies are needed, but to go into that magnitude of an expenditure, and try to change the controls that we have, may be wrong. Discussion followed and Mrs. Brown noted that some of the invesgi- gation and specifics they are seeking may seem superfluous, but does not seem this way to the Planning Board. , The Engineering Department always is so busy there are things that cannot be done. In some years to come, we feel that it will be an asset to have the detailed informa- tion available that we are seeking. From the information that we have the information that we want is frequently unavailable. Chairman Cataldo• This direction is fine, but I do feel that 90% of what you are looking for is already here. It seems to me that no work or study has been done without all of the town departments assist- ing in each step of the way. Should some money be allotted, it would go to Mr O'Connell . We should rely on our Public Works Department and our Engineering Department. We should do all our own work, if you need hail) to further these analysis and studies, then that is another thing. Mrs Brown We are asking to get information that the Planning Board needs when a developer comes in. A degree of information should be available relative to drainage or ponding, etc With the informa- tion we are trying to get, we would avoid pressure peaks that seem to come along. Mr Busa The more they talk, the more confusing it gets. All the information I have had to get in by sub-division came from the Department of Public Works and the Engineering Department in the Town of Lexington. Information that was available to me has also been available to the Planning Board. In any sub-division the entire area of all brooks is available throughout town departments. 236 Mrs. Brown I am sure that information is available in the in- stances that you mention, but we are looking for a degree of investi- gation. We are trying to get a good analysis; the kinds of land we are working with now are wet Mr Zaleski In the past few years we had discussed with the Board of Health that funds may have to be appropriated because of necessity and not of choice. If we have these funds now, such studies can be done. Mr. Bailey As I follow this, I feel that it is clear and there is no objection as to what you are trying to do As I under- stand it, there is money available from a combination of sources if the Planning Board and the Town Engineer do come to a point that they do need outside help for an analysis. Mrs Riff in How much money is available at present? Mr O'Connell About $2500 which is consolidated Chairman Cataldo I would increase the monies that are available to Mr. O'Connell . I would not support an article to appropriate this money, but would support additional monies be allocated for these needs. Mrs. Brown Someone has to go over what we do have and what we do need To do this, do we need additional help? Wd only want to do a job efficiently and effectively I have no further comments on this issue. Mrs Broin questioned the wording on the Class III license re- cently issued to John A. Carroll Co., Inc., 31 Allen Street, Lexington, which reads "For buying of secondhand motor vehicles for the purpose of remodeling, taking apart or rebuilding the same, or the buying or selling .of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicle parts " This seems to us to be much broader than the By-Law allows. If this is the intention of the Board of Selectmen, then I find it advisable that a letter be sent to the owner. J,A. Carroll Chairman Cataldo I was very reluctant about issuing this. Class III It is the only Class 111 license issued, all are Class I . This License license was necessary in order that Mr. Carroll receive a dealers license. I made this very clear to Mr. Carroll and his Attorney. The Registry of Motor Vehicles issues the dealers' plates, and to procure one he had to have this liecnse, this is governed by State Statute. Mrs. Brown I would appreciate a letter be forwarded clarify- ing these restrictions. Chairman Cataldo I will write, a letter, and when this license is renewed, if it is, restrictions will be indicated on the license. We will revoke the license if so indicated by the Board of Appeals. 237 IMr Buse asked if the Planning Board could inform the Board at this time of the direction of Emerson Road as of now. Emerson Mrs. Brown Upon review of Town Meeting and the result of the Road Planning Board, as of this date the issue of Emerson Road is dead. The direction which it is going to take is also, at this time, un- determined. Mrs. Riff in Is there enough land along Massachusetts Avenue to Permit permit a curb cut, if it should be necessary? Curb Cut Mrs Brown Some resolution is possible, we must recognize the Mass. Ave town' s need for access to the brook. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a Executive person. Session 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 unanimously voted to adjourn the meeting at 10 40 p.m. A true record, Attest J" Acting Executive Clerk, Selectmen 238 SELECTMEN'S MEETING February 7, 1972 A regular meeting of the Board:of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, February 7, 1972 at 7 30 p.m. Chairman Cataldo, Mr. Busa and Mrs. Riff in; Mr. Legro, Town Counsel ; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, seven jurors were drawn as follows William N. Garside 72 Allen Street Jurors Bertha Minsky 9 Abernathy Road Sebastiano Blandino 12 Reed Street Sidney L. Levin 168 North Street Stanley Kunicki 83 Adams Street Robert U. Barrett 10 Winston Road Melvin S. Klein 8 Blueberry Lane Upon motion duly made and seconded, it was voted to authorize the Heart Fund Chairman to sign the proclamation declaring February as Heart Fund Proclamation Month and Sunday, February 27, 1972, as Heart Fund Sunday in Lexington, to be inserted in the next issue of the Minute-man. Mr O'Connell informed the Board that he had reviewed with Chief Fee Corr the By-Law on Hawkers and Peddlers; it appears we only need to Hawkers d draw up a permit form and Chief Corr is prepared to issue written Peddlers permits. The recommendation is for a fee of $1 .00 as most of them License will be issued to non-profit groups Mr Busa The only reason is that we want to know who is in the Town Upon motion duly made and seconded, it was voted to set the fee for a Hawkers and Peddlers License in the amount of $1 .00. Chairman Cataldo read a letter from Gordon A. McGill , Director Free Cash of Accounts, certifying the amount of free cash available to the Town of Lexington is $1,498,099 , as of January I , 1972. Upon motion duly made and seconded, it was voted to grant the Permit request of Donald J. Gillespie, Jr., Lexington Music Director, for Visitors' permission to hold an outdoor band concert on the lawn of the Center Visitors' Center on Sunday afternoon, June II , 1972, from 2 00 p.m. Grounds to 4 00 p.m. Chairman Cataldo read a request from Mrs. John Heindbrink, Co- Permit Chairman of the Fellowship Committee, for the use of the area in Y E S front of the Visitors' Center for a book fair on Saturday, April 29, 1972 from 9 00 a.m. to 5 00 p.m (rain date of May 6) . 239 Previous permission has been granted to the Youth Employment Service of the High School to use this area on May 6 and the Board agreed that Mr O'Connell is to talk with Mrs. Heindbrink and Y E S. and report back to the Board Chairman Cataldo read a request from the Knights of Columbus for an extension of hours under the Club liquor license to 100 a.m. on April 23, 1972 K of C Upon motion duly made and seconded, it was voted to grant permis- sion to the Knights of Columbus for an extension of hours under the Club liquor license to 100 a.m. on April 23, 1972. Chairman Cataldo read a request from the Metropolitan Building Movers Co , to move a building from Lexington Road, Lincoln to 137 Wood Street, Lexington. Also, a report from the Superintendent of Public Works was read regarding the move, setting forth certain restrictions Upon motion duly made and seconded, it was voted to grant permis- sion to the Metropolitan Builders Co , of Hyde Park, Massachusetts, to move a one and one-half story building from Lexington Road, Lincoln to 137 Wood Street, Lexington, subject to the regulations and restrictions House of the Superintendent of Public Works The move is to be made in two Move steps; poles on Wood Street must be moved before permit is issued; $5,000 performance bond; general liability insurance with coverages for bodily injury liability of not less than $100,000/$300,000 and property damage liability limits of not less than $50,000. , satisfactory evidence of such coverages shall be furnished to the Town; Police Officer is re- quired Prior approval of the moving dates will be required from the Superintendent of Public Works Upon motion duly made and seconded, it was noted to sign the Lexington Common Victualler license for the Lexington Golf Club, 55 Hill Street Golf Club Upon motion duly made and seconded, it was voted to sign the Club Vict & liquor license for the Lexington Golf Club, 55 Hill Street Club Lic Chairman Cataldo read a report from Traffic Captain Lima of the Police Department relative to the request from Dr Smith concerning motorists being able to cross the solid yellow line on Bedford Street at the Veterinary Hospital . Chairman Cataldo We had requested the State District Highway Engineer Mistretta to review the matter, with the possibility of leaving an opening in the double yellow center line near certain drive- way entrances Mr Mistretta replied that his previous answer to Captain Lima remains unchanged, in that engineering practice dictates Bedford that a break in a double yellow line should occur only at minor joining Street or cross streets such as is evidenced in this area at Winter Street, Yellow Hartwell Avenue, Eldred Street, Simons Road, etc. It should be pointed Line out that crossing the double yellow line for access to or egress from Crossing an approved driveway opening is not prohibited under the provisions of Chapter 89 of the General Laws 240 Captain Lima's report agrees that crossing the double yellow line is not contrary to the provisions of Chapter 89; accordingly, it would not be our enforcement policy to issue a citation to a motorist who did so, but if a motorist crosses the line when traffic is approaching from the opposite direction and, in making the turn, strikes or is struck by a vehicle, after an investigation the Police Officer issues a citation for operating so as to endanger to the turning vehicte. I respectfully wish to re-confirm that under routine conditions, the Traffic Bureau does not intend to cite a motorist who simply crosses the lines in order to complete an otherwise lawful turning movement. This is not to say that, on occasion, a motorist may be cited for crossing the lines in combination with other circumstances The Board agreed to send copies of Mr. Mistretta's and Captain Lima' s report to Dr. Smith, 476 Bedford Street Chairman Cataldo read a request from the Arts and Crafts Society Arts & for permission to reproduce the five paintings by Mr Parsons in the Crafts Third Annual Antique Show booklet. Upon motion duly made and seconded, it was voted to inform the Arts and Crafts Society that the Board had no objection to the repro- duction of the five paintings by Mr. Parsons in the Third Annual Antique Show booklet Hatch Act Chairman Cataldo read a notice from the Department of Natural Re- Hearing sources that a hearing must be held under the Hatch Act on the notice of Realty intent of the Realty Development , 43 Middlesex Turnpike, Burlington, Development to atter certain inland wetlands located East of Middlesex Turnpike on Vine Brook. Upon motion duly made and seconded, it was voted to hold the Selectmen' s Meeting on Wednesday, February 23, 1972, because of Washington' s Birthday Chairman Cataldo read a request from Craft Cleansers, 1707 Massa- Crafts chusetts Avenue, for a loading zone in front of the building Cleansers Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of January 31, 1972 Upon motion duly made and seconded, it was voted to certify the Cert., of character of the following who have applied for a Certificate of Incorp Incorporation Arnold L. Abrams 456 Concord Avenue Douglas Decker 41 Spring Street "Care House, Inc." 24 1. Upon motion duly made and seconded, it was voted to sign an Auc- Auctioneer tioneer' s License for John D. Brucchi , 63 Paul Revere Road License Chairman Cataldo informed the Board that two bids have been re- ceived on the printing of 10,000 copies of the 1972 Annual Town Warrant The Lexington Press bid $25 per page based on 40 pages; Somerville Printing Printing Co , Inc. bid $30 per page based on 40 pages Town Upon motion duly made and seconded, it was vOted to award the con- Warrant tract to the Lexington Press, Inc., for the printing of the 1972 Annual Town Warrant in the amount of $25 per page, based on 40 pages. Mrs. Riff in informed the Board that she had received a telephone call from a Waltham City Councilman regarding a bill filed by Senator DeNormandie and filed in the House by Representatives Cole and Dickson; this is an Act to authorize the Metropolitan District Commission to have Hobbs Brook Basin under the jurisdiction of the MDC. A hearing is to be held on next Wednesday and would the Board like to take a posi- tion on it? Chairman Cataldo I would want to know what they are going to do before I would support the bill . If this happens, is the next step to be dragged into the MDC district? There are serious considerations to this and I take a strong stand in opposing the bill . Mrs Riff in The MDC would oversee the conservation and recrea- tion use and the use of the water supply would be retained by Cambridge; no charge would be imposed on the cities as Cambridge would bear it; it would be a joint venture with the City of Cambridge and MDC MDC Hobbs Chairman Cataldo We should be careful because of the part in Brook Lexington, especially if Route 2 is made non-access. Basin The Board agreed to request Representative Cole to meet and dis- cuss the bill on next Monday evening. Mrs. Scigliano asked about the request from Mrs. Vetter to open the Warrant to insert an Article for the authority to convey a parcel Vetter of land located at 651 Massachusetts Avenue for the purpose of moving Request the Nunn-Smith house. Chairman Cataldo The Board contacted the Planning Board and its position, by a 3-2 dote, was to retain the land. The Board also contacted the School Committee and it was the position of the School Committee and the School Administration to retain the land. Taking these facts into consideration, the Board voted not to insert an Article in the Warraiht. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session 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 go out of Executive Session and resume the open meeting. 242 Mr. Bailey came into the meeting during Executive Session. 1 Upon motion duly made and seconded, it was voted to sign the Warrant for the 1972 Annual Town Meeting Upon motion duly made and seconded, it was voted to adjourn at 10 50 p.m. A true record, Attest �a xecutive Clerk, Selectmen 243 SELECTMEN'S MEETING February 14, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, Monday evening, February 14, 1972, at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Buse, Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mrs. McCurdy, Executive Clerk, were present Representative Lincoln P. Cole, Jr met with the Board to discuss Senate Bill 1077, an Act to authorize the Metropolitan District Commis- sion to acquire properties of the City of Cambridge in the Towns of Lexington, Lincoln, Weston and the City of Waltham. Rep. Cole 1 heard the Board was concerned about this and I probably should have come in and talked to you before the bill was heard. Senator DeNormandie called me prior to filing the bill and I agreed to go along with him. For some years there has been feeling in the surrounding towns that Cambridge couldn't own land in the surround- ing towns. I thought the MDC might help to keep the issue alive Hobbs Senator DeNormandie talked with the MDC and it would not mean we would Basin go in the MDC Parks district. Chairman Cataldo It is my feeling if it is sold that the Town should consider buying the part on the Lexington side of Routes 2 and 128; I would fight hard to be able to have Lexington buy that corner. Rep. Cole I suppose the only way to use it for park and recrea- tion purposes would be through a state agency; would you approve it them? Chairman Cataldo I would have to have a lot more information. We would make up our own minds whether we would support it Personally, as it is, I would not want to support it. pep. Cole From what they told me before, the bill isn't going anywhre So that I may clearly understand, if it is a choice between MDC and status quo, you would prefer the status quo? Chairman Cataldo With more information, yes. Mrs. Riff in There are more Towns involved and there is no con- trol in Lexington on what they do; if regional , there would be overall control . I don't think the communities can get together to coordinate the use while Cambridge has the water rights I checked with the DNR and the MDC and the Town could have land in the MDC Park, but not be a member of the District. Chairman Cataldo We would want to know what they would do on Route 2 on limited access, and with our overburdened streets, we have enough problems now. As I understand the statute, Cambridge couldn't sell the land in Lexington without offering it to us. We have that protection that if the MDC decides to sell, they have to offer it to Lexington, and if we do not take advantage of it, it is our own fault. 244 Mrs. Riffin At the hearing, Rep Dickson of Weston spoke and said that the Planning Board of Weston is all behind the bill . The committee was interested in the position of this Board. I said the Board had not deliberated and reached a conclusion. Mr Bailey With more information, I would go along with the position of the Chairman Mr Kenney It is a moot point we are debating. We should call in our own Planning Board. Mr Bailey The information would be on what the MDC has rir mind. We don't want it to slip by, by default. Mrs Frick, Conservation Commission We have been asked to look into it and make recommendations; at this point, we know nothing. Chairman Cataldo You should wait for more information. Mr Kenney We should request MDC for their position and their arguments for it. Mrs. Riffin I agree with Mr Cole, and I don't think the bill will go far, but if the Board felt it would like to have a Hobbs Brook recreation area, then Rep. Cole could work out a bill acceptable to us that would pass the legislature Rep. Cole Your biggest opposition is Cambridge; for each Town taking over a section, they would have the same problem. Chairman Cataldo We will discuss it and let you know what our final approach will be. Rep. Cole retired from the meeting Hearing was declared open upon petition of the Mobil Oil Company for a license for below ground and above ground storage on the pre- mises at 396 Waltham Street. A notice of the hearing was inserted in the February 3, 1972 issue of the Lexington Minute-man and was sent by certified mail to the abutters as listed on the records of the Assessors. Application was approved by Fire Chief Spellman. Mobil Oil Attorney William Dailey, representing the Mobil Oil Company, 396 Waltham was present and explained that the application was to store 26,000 Street gallons at a new station to be built by Mobil Oil Company. t talked with Chief Spellman, as we originally asked for three tanks of 12,000, 8,000 and 6,000 gallons. Chief Spellman changed it, and approved two 10,000 gallon tanks and one 6,000 gallon tank, to be spaced four feet apart. Mr Bailey What is the storage now at the existing station? Mr. Dailey I am not certain, but it is in the area of 181,000 gallons. The new station to be built will have substantially bigger gallonage, like the Gulf Station across the street. Chairman Cataldo You are going to demolish everything there? Mr Dailey Yes. Chairman Cataldo Do you have a ,permit from the Board of Ap- peals? Mr. Dailey Yes. 24 5 Chairman Cataldo Have you submitted it to the Engineering Depart- ment for the curb cuts? Mr. Dailey No, we have to do that. Chairman Cataldo Is anyone present in favor of this petition? Stephen Sichter, 17 Captain Parker Arms, was recorded in favor. No one appearing in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Mobil Oil Company to install three underground gasoline tanks, two 10,000 gallon tanks and one 6,000 gallon tank, on the premises of the Mobil Oil Station located at 396 Waltham Street, Lexing- ton, and to issue a new license as follows to grant permisi;ion to keep, store and sell 26,000 gallons of gasoline; 500 gallons of waste oil , 500 gallons of fuel oil to be used to heat the building, all in under- ground tanks, 600 gallons of motor oil , 300 gallons of anti-freeze, 80 gallons of hydromatic fluid, 40 gallons of gasoline in tanks in vehicles, 60 gallons of brake fluid, all in approved containers above ground, on the premises at 396 Waltham Street, Lexington, Massachusetts, subject to the restriction of curb cuts being approved by the Town Engineer. Hearing was declared open in accordance with the provisions of General Laws, Chapter 131 , section 40, the Hatch Act, regarding a notice of intent of Realty Development Co., Inc., 43 Middlesex Turnpike, Burlington, to alter certain inland wetlands located East of Middlesex Turnpike on Vine Brook, Lexington. Hatch Act Notice of the hearing appeared in the February 10, 1972 issue of Realty Lexington Minute-man. Development Members of the Conservation Commission and Mr. Graham of the Plan- Company Hing Board were present. Mr Charles Clarke of Boston Survey Consultants, representative of the Realty Development Co., Inc presented the plan prepared by his firm. He explained that the area involved in Lexington was the section of the brook East of the Middlesex Turnpike near the Burlinton Town line and there will be approximately 5 ft to 8 ft. of construction or reloca- tion in Lexington. We have already had a hearing in Burlington. The existing brook has a channel and two 36 inch pipe culverts and the proposed two 60 inch pipe culverts would discharge into the old bed. These pipes would have a greater capacity than the existing pipes. The overflow structure on the west side of the Turnpike in Lexington entered one of the beds; routings weren't based on the capacity of the structure, but at the capacity of the overflow. The structure was there since 1922 and we took the capacity of the structure itself and re-routed it down- stream. I have details of the channel, as the DNR wanted, so there would be a minimum amount of silting and rip-rap Chairman Cataldo asked about the construction of the section in Lexington. Mr'. Clarke It would start at the bend in the channel route now, maybe for 8 feet, it will be rip-rap for the bank for the turn of the brook. Chairman Cataldo Is the actual turn greater than the straight-a- ll way? 4b Mr Clarke The proposed channel is wider than the new channel . The turn starts outside of the bed; the turn starts in Lexington and as it turns it is at least equal to it as the channel is bigger I can get the information for you Chairman Cataldo What was Burlington' s position when it was presented? Mr. Clarke I had a letter from the Selectmen that they unanimously voted to deny it, based on the vote of the Conservation Commission. Chairman Cataldo Did they evaluate it engineering-wise? ' Mr. Clarke I assume that the Town Engineer saw the plans. At the meeting there was a discussion about going into the brook bed. They had a letter from an abutter stating that he didn't mind going into his land There was no particular question on hydraulics. Chairman Cataldo In the old brook bed, where did it go? Mr Clarke showed the route and said this was also under a previous Hatch Act, which gave permission to develop property Chairman Cataldo If the permit is not given, will the developer develop the land anyway? Mr. Clarke I can't say; the value of the land is a lot less if it is broken by the existing brook. I don't know if he would develop it Mrs Wheaton, Conservation Commission It would seem with the sharp angle of the elbow it would tend to be a bottleneck. Mr Clarke We took the flow that can come in and can come in off the property and calculated the back water and discharged it through the culvert and the 90° bend was more than adequate. Mrs. Wheaton What buildings are there in that particular area and what are the soil conditions? Mr Clarke There is gravel fill underneath. I have the boring data and there is peat, it is swampy and wet. There are concrete block buildings and a Texaco station; on the other side, there is nothing for a long way. Chairman Cataldo Is this the same area used to dump in? Is there hardpan and rubbish? Mr. Clarke They have taken off the hardpan and they took out the rubbish on the surface Realty Development Co. has a little white frame house there. Mrs Frick Is a building already proposed for the area? Mr. Clarke No; if approved, I am sure he can get people inter- ested. Mr Donald Graham, Planning Board What does the Town Engineer say about cross-section? Chairman Cataldo He didn't mention it, his report says that "the proposed relocation would appear to be an improvement to the hydraulics of Vine Brook; however, it should be noted that no improvements are scheduled at the outfall . Periodic inspections of this area should be made to insure that no harmful filling occurs in this area " Before the Board makes a recommendation, we would want an evalua- tion of the cross-section to see what the problems are, if any. 247 ' r There is no question in my mind, there has to be special treatment of that section and we would rely on Mr. McSweeney to make recommenda- tions. There should be treatment to guarahtee there would be no back-up. Mr. McSweeney will make an evaluation Mr. Clarke Mr. McSweeney can call me. Mr. Manfred Friedman It probably will get a lot more run-off. Mr Clarke The road slopes and the only flow that would go directly in it would be at the bank of the road; there is an added flow. Mr. Friedman You do get soil and silt. Mr. Clarke No, because the road drains down to Butterfield Pond. Chairman Cataldo If there are no further questions, I declare the hearing closed. It is our responsibility to respond to the Depart- ment of Natural Resources within seven days after the hearing. We would appreciate comments of the Conservation Commission and the Plan- ning Board, in order to meet the deadline for the Town' s position to be filed. We have the report of the Board of Health and the Town Engineer, but we would like to have Mr. McSweeney's commentt on cross-section. Upon motion duly made and seconded, it was voted to combine the recommendations of the Town Engineer, Board of Health, Planning Board and Conservation Commission and reply to the Department of Natural Resources within seven days after the hearing regarding the Realty Development Co., Inc Mr. Legro informed the Board that the Town' s portion of the 1971 real estate tax amounted to $454.92 on the Harrington property. When I reported this to the Selectmen, the cost of demolition was not known, and should the assessors now be requested to abate the balance of the taxes or should this be paid from the balance in the appropriation under Article 5 of the June 14, 1971 Special Town Meeting? Harrington Chairman Cataldo We naturally wanted to do the landscaping be- Property fore the 19th of April, but I can see no reason for not voting to pay Taxes the taxes out of the appropriation. Upon motion duly made and seconded, it was voted to authorize Town Counsel to request payment out of the appropriation under Article 5 of the June 14, 1971 Special Ton Meeting, to the Town of Lexington in the amount of $454.92, representing the Town' s share of the 1971 real estate tax on the Harrington property which was purchased from the First Congregational Society in Lexington. Chairman Cataldo asked Mr Legro about the status of the Green and White land for the Woburn Street School site. Mr. Legro The question of damages hasn't been resolved. I had Green and hoped to have an abstract this evening for the order of taking, but White it was not ready I wasn't sure that the title was in one name, but Taking it was. Chairman Cataldo We would need two awards. Mr Legro is to come back to the Board. 248 Mr. O'Connell informed the Board that bids were taken on JariUdPy 27, 1972 for the Wood Street Trunk Sewer construction. There were seventeen bidders, ranging from $88,947. 13 to $ 179,803. The three Wood St. low bidders are The Modern Continental Construction Co. of Cambridge, Trunk Sewer $88,947. 13; Wheatland Construction Company, Inc. of Concord, $93,629.; Contract Luigi Andreassi Construction, Inc of Walpole, $99,755 The recom- mendation is to award the contract to the low bidder, The Modern Continental Construction Co Upon motion duly made and seconded, it was voted to award the contract for the construction of the Wood Street Trunk Sewer to the Modern Continental Construction Co., Inc , 905 Main Street, Cambridge, in the amount of $88,947. 13. Upon motion duly made and seconded, it was voted to approve the request of the Superintendent of Public Works to sign water abatements for the following Water Abate- Genevieve Harding 21 Battle Green Road Wrong billing ments Ernest Done 82 Spring Street Wrong billing Marvin Taylor 52 Dexter Road Wrong reading given Chairman Cataldo informed the Board that we have received the annual request from the Greek Orthodox Church of Cambridge for the Ten Mile Road Race to commence at the Minute Man and to have a police cruiser escort to the Arlington line Permit Upon motion duly made and seconded, it was voted to grant permis- sion to the Greek Orthodox Church of Cambridge for the Ten Mile Road Race to commence at the Minute Man, and to request Chief Corr for a police cruiser escort to the Arlington line, on Sunday, March 19, 1972, at 100 p.m. The Board discussed the request from the Visiting Nurse Asso- Visiting ciation to appoint a member of the Board to the Board of Directors. Nurse Upon motion duly made and seconded, it was voted to appoint Associa- Mrs. Natalie H. Riff in as representative of the Board of Selectmen tion on the Board of Directors of the Visiting; Nurse Association. Chairman Cataldo read the notice from the Alcoholic Beverages Commission regarding the regulations for Washington's Birthday, ABC February 21, 1972. Washington Upon motion duly made and seconded, it was voted that the Pack- Birthday age Goods stores are to remain closed on Washington's Birthday, February 21 , 1972; motels, clubs and restaurants may serve during the usual hours. Mr. Busa abstained. Chairman Cataldo read a request from the Rotary Club to park the Permit vehicle in front of Cary Hall for the Boston Guild for the Hard of Hearing Mobile Test Unit for the screening of Lexington adults on Monday, April 24, 1972. 249 Mr O'Connell This is a large vehicle and it would block the area in front of Cary Hall , The Board agreed that Mr O'Connell is to approve the location of the vehicle. Upon motion duly made and seconded, it was voted to grant the request of the Rotary Club to conduct the screening tests of Lexington adults in the Hard of Hearing M©bile Test Unit on Monday, April 24, 1972„subject to the approval of the location by Mr O'Connell . Chairman Cataldo read a letter from the School Department stating that on February 12, a recorded message service for' the public will be School put into operation by the Lexington Public Schools on a one-year trial Dept basis6 These messages will pertain to School Committee agenda, program Message reports and bulletins, and "No School" announcements will be available Service by 7 00 a.m. Chairman Cataldo read a notice from the State Department of Public Utilities regarding a public hearing on Tuesday, March 7, at 10 00 a.m.; proposed regulations to fix the rate of interest to be paid to cus- Public tomers on deposits made to gas, electric, water, telephone and tele- Utilities graph companies from the present rate of 4% to 6% per annum. Hearing The Board agreed that representation is not needed at this hearing Chairman Cataldo read a letter from the Boston Mutual Life Insur- ance Company regarding the possibility of providing an Optional Group Life Life Insurance Program for the employees of the Town of Lexington Insurance Mr O'Connell This was adopted and we have an employees' Com- mittee looking into it but they haven't arrived at a decision. (In 1970, the voters authorized the purchase by Town employees, at their own expense, of additional life insurance.) Mr. Kenney Would the Treasurer have to deduct this? Mr O'Connell The way the statute is written, I think it in- cludes payroll deduction Upon motion duly made and seconded, it was voted to refer the letter from the Boston Mutual Life Insurance Company to the Town Manager Mr. O'Connell agreed to talk with Mr MacNeil, the Lexington insurance representative of Boston Mutual Life Insurance Company, and report back to the Board. Chairman Cataldo read a letter from Mr and Mrs Paul Rahilly, 25 Theresa Avenue, regarding traffic conditions in the neighborhood. Traffic They request that the flow of traffic be regulated because of the Theresa danger to the children. Avenue Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s meeting held on February 7, 1972. 250 Chairman Cataldo read a letter from Dr Cortell, Chairman of Citi- zens Concerned for Regional Planning, regarding a hearing to be held before the joint House-Senate Transportation Committee at the State House on February 17, 1972 regarding H3468 concerning Route 3. Dr. Cortell requests the support of the Board in opposition to the granting of access, as the Lexington residents feel that problems posed by development of this piece of land have not entirely been alleviated by the new Burlington by- law and the Lexington taking Questions of probable increase of traffic on Lowell and Adams Streets and of the density and use-type of proposed development in Burlington still remain unsolved. The Board' s past support, which has been of prime importance to us, would be most effectively continued by oral testi- mony at the hearing and it is hoped that a member of the Board will be able to testify personally. However, should this be impossible, a letter from the Board to be read into the record by your delegate would be a substantial help. Chairman Cataldo Mrs. Brown called me and she will attend the hearing; if the Board wants her to present our position, she would be happy to. I , for one, feel the Board should take a strong position against the bill on the basis of unanswered questions in many areas. Although the access in Lexington was resolved by the taking, we should face up to other access to take care of the traffic impact in the Town. There should be serious consideration on direct access onto Route 3. Mr. Busa This is the same position we took before. Chairman Cataldo We resolved that by buffer strip protection, but the traffic load on Middlesex Turnpike and Adams Street is tremendous now and without the proper layout of traffic patterns, Lexington this situation will only be aggravated. The Board would want more Burlington information regarding the type of development that will be proposed Land for this site, although there is some protection for the abutters with the new zoning by- law adopted by Burlington. Mr. Kenney What is the status now? Chairman Cataldo The survey is completed and it only has to be checked out by the Engineering Department and presented to the Board; it should be here for the Board to vote next week. Upon motion duly made and seconded, it was unanimously voted to take the position in opposition to House Bill H3468. The Board agreed that Mrs. Brown, Chairman of the Planning Board, is to present this position of the Board at the hearing on February 17, and until further information is available, the Board feels that this legislation should not pass. Chairman Cataldo read a report from the Traffic Committee re- Traffic garding Vine Brook Road stating that as a result of a meeting with Vine Brook the residents, who are nearly unanimous in favor of banning parking Road along both sides of Vine Brook Road on week days from 9 00 a.m. to 5 00 p.m., the Traffic Committee recommends that the Traffic Rules 1 251 1 be amended to restrict parking on both sides Of Vine Brook Road from a point 90 ft. southeast of Waltham Street to Winthrop Road, Monday through Friday from 9 00 a.m. to 5 00 p.m. Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Traffic Committee to ban parking along both sides of Vine Brook Road on week days from 9:00 a.m. to 5 00 p.m. Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of Lexington, adopted by the Board of Selectmen on November 13, 1967, are hereby amended as follows By adding to Article V, Section 2, Schedule #I, the following Location Side From To Tvae Parkins Vine Brook Rd. Both 90' Southeast of Winthrop No Parking Waltham Street Mon. thru Fri . 9 A.M. to 5 P.M. Chairman Catatdo informed the Board that the meeting with the resi- dents of the Eldred Street - Bedford Street area will be held in Cary Street Hall on next Wednesday, February 16, 1972, from 7 00 p.m. to 8 00 p.m. Hearings Upon motion duly made and seconded, it was voted that street hear- ings on the notice of intent to lay out the following streets will be held in Cary Hall on February 16, 1972 at 8 00 p.m. .Relocation Bow Street, Massachusetts Avenue No Betterments -- Subdivision Streets Abernathy Road Dudley Road Ingleside Road Birch Hill Lane Emerson Road Maureen Road 1 Clyde Place Goffe Road Pheasant Lane Conestoga Road Heritage Drive Worthen Road Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification card for Joan P. Comley, I D 3 Wallis Court Card r Chairman Cataldo informed the Board that Mr. Leader cancelled his appointment for this evening regarding opposition to the Saddle Club Saddle Swim Club as he had been told that the residents would drop all plans Club to request the purchase of Town-owned land for the swimming pool . Swim Club Chairman Cataldo said that we had the meeting with the residents Spring of Spring Street and it was agreed to send out questionnaires to be Street returned by the residents on February II, 1972 Of the 81 question- Question- naires sent out, 49 households returned them to the Board; 45 were naire 1 ill signed., 4 were not signed. I 252 Upon motion duly made and seconded, it was voted to refer the questionnaires to the Street Advisory Committee and request a member of the committee to make a report to the Board at the next Select- men' s meeting on Wednesday, February 24, 1972. Mr. Kingston, Mr. Silverman and Mr. Dailey of the Capital Expen- ditures Committee met with the Board. Mr. Cogan came into the meeting later on. Mr. Kingston We have gone through your proposed budget and the significant point is the net cost on the tax rate will only increase $1 .50 from last year's $4. 10; and it will be $5.60 this year for non- bonded expenditures. The reason is that some items are not as high, such as streets There is a marked drop in the debt services because of new legislation providing for 65 percent reimbursement for school construction. Chairman Cataldo It wouldn't have an effect this year. Mr. O'Connell The question is whether it comes in on the Cherry Sheet in time for the Assessors to put it on the tax rate. Mr. Kingston It is a $ 1 .50 increase in non-bonded expenditures. It is up to the Appropriation Committee on how we use E & b to balance things out. In terms of recommendations, we carry Sewers - $600,000, with a projection of $650,000 the following years. To our best knowledge, the Town should be pretty well sewered Budget in five years, but we are aware of more capital cost for renovation Capital of mains. The recommendation is for a study to be done of the needs Expenditures and timing for next year and what the problems would be, and what the arrangements are to get federal and state aid for sewer expenses. Water - $20,000. Streets - General - $71,000, includes curbs drains, traffic con- trols and engineering studies On street reconstruction, you decide the priorities. For the following years, $ 150,000 is projected. Chapter 90 - $60,000 projected for the next five years. Sidewalks - You requested $50,000 this year and we arbitrarily agreed to $75,000 per year over the following years, based on a discussion with Mr. O'Connell that you might want to accelerate the program. Public Works Equipment - $78,000, and projecting $75,000 per year on a long-term practical approach, this is adequate. The public Works budget is $859,000 in 1972; last year it was $641,000; next year, we are projecting $ 1,030,000, presuming you spend the money on streets, sewers and sidewalks. I 2715 Fire Department «: $70,000 this year covers replacement of Engine 2; $6,000 for electrical equipment; $7,500 for plans for the Central Fire Station. We project $75,000 for next year; $60,000 in 1974 for replace- ' ment of Engine I ; nothing in 1975 and 1976. Town Office Building - No requests this year; $52,000 budgeted, and you spent $67,000. Conservation Land - $200,000 was projected in general for conserva- tion. We have concern with the method and timing. However, lacking any specific program, we are still carrying a projected $200,000. The Land Acquisition Committee has not been appointed 1 had listed $ 150,000 and $50,000 for acquisition of land for general Town use. Lacking any other information, •we are budgeting $200,000. Chairman Cataldo We will vote to appoint the Land Acquisition Committee Recreation - We have carried $30,000 appropriation for the last several years and they actually spent $10,000 or $20,000 most years. We are concerned, and recommend that a real detailed program be laid out. Chairman Cataldo It should be remembered that 'Article 4 included $8,000 or $10,000 Mr Kingston We are aware of it. We have lumped it as a capital item. We have $20,000 for finishing Lincoln Street Our feeling is we would like the Recreation Committee to plan out a 5-year program. We make guestimates, and this year on the Old Res, it is to project for 1973 $63,000 over the normal $30,000, $30,000 in 1974 and $30,000 in 1975 and arbitrarily $50,000 in 1976 with the possibility of a swimming pool . However, this is not the budget presented to us. Chairman Cataldo This is why we asked for the plan to be updated at Harrington; this is the second major play area in the Town and sub- stantial monies will be spent there. Center Developmeht - We carry nothing Chairman Cataldo asked about the parking lot on Mariam Street. Mr Kingston We only heardabout it two or three weeks ago and we have no knowledge whatsoever of what the long term plans are; we would like to have a plan. Chairman Cataldo We are asking for $40,000 to try and solve an immediate problem that has come upon us; as far as a long range plan isconcerned, you are right in some cases, but are we going to have the plans drawn on what is existing in the Center regarding the stores, etc.? The Town has no control over the development of the Center, and we are reluctant to have an overall long-range plan. If the Planning Board has one, fine, but until that time we wouldn't be spending the Town' s money properly. Mr. Kingston In terms of capital projection, we couldn't con- scientiously put in a parking lot this year and it doesnt mean we will argue against it at Town Meeting It means our report is dated January I and there are no projections on Center development. 254 Schools - There is a possibility of the renovation of the Munroe School in 1973 for $ 100,000. Cary Library - $ 112,000 in 1972, and $ 1 .5 M bond issuec,in 1973. Mr Kingston We were not informed of any plans and a $3,000 appropriation for plans for a museum. Chairman Cataldo The Board has given the Bicentennial Com- mittee the courtesy of requesting this. Mr. Kingston The Appropriation Committee questions whether it is within their province. Chairman Cataldo The Board has charged them with making any recommendations they see fit, including any memorials or other facets of the bicentennial celebration If it comes in before Town. Meeting, it will be submitted to you Mr Kingston One other concern we have is the effect of the capital program, not only by the Bicentennial Celebration, but also the opening of the National Park. I was delegated to talk to the head of the Park, and I didn't get to it, on what it would mean in terms of long range plans; it could be serious. Mr Kingston With the projections including the Library, the debt will drop from $12.6 M to $6 0 in 1976; the debt will drop by 50 percent and it looks as though we will have plenty of room in there and not be up against the wall as in previous years Chairman Cataldo We are pleased at the numbers you are recom- mending. The Capital Expenditures Committee retired from the meeting. Selectmen - The Board agreed to appoint Mr Busa as its representative on Land Acqui- the Land Acquisition Committee. sition Upon motion duly made and seconded, it was voted to appoint Mr. Committee Alfred S. Busa as the representative of the Board of Selectmen on the Land Acquisition Committee Chairman Cataldo informed the Board that he had received a call from Mrs. Shaw, Legislative Chairman of the League of Women Voters, regarding the bill before the House, H882-Legislation callingfor a uniform statewide building code. We voted to support the bill last year and, once we did, Town Counsel raised serious questions that H882-Bi II should be resolved before the building code was adopted. We should Building get a copy of the bill and get the reaction of Town Counsel and the Code Building Inspector Mr. Bailey Would this supersede all local codes? Chairman Cataldo Yes, once it is passed. The hearing is to be held on February 17. We can answer Mrs Shaw that the Board ,is sympathetic with the approach, but would like the benefit of the feeling of Town Counsel and the Building Inspector. Upon motion duly made and seconded, it was unanimously voted that no position of the Board is to be taken at this time regarding H882. Mr. Busa reported to the Board regarding a meeting of the Ad Hoc Youth Commission on February 4 at 4 00 p.m. When he arrived at 4 15 p.m., there were three members present and he was presented with a draft stating that the Ad Hoc Youth Committee wishes to help ensure that the Selectmen have the widest possible range of nominees from which to choose a well balanced Youth Commission representing many viewpoints and interests. Consequently, we feel it both unwise and unwarranted to impose any restrictions on the type of nominations to be made by the Town' s private organizations of and for young people. They should be allowed a free hand in determining who would Youth represent them best. No qualifications regarding age, sex' or other- Commission wise should be stipulated. 1 called Dr Monderer as my position was that the commission should be made up of adults, and told him I would like to have a poll of the members on the question of whether members of the commis- sion should be adults, or there would be no specifications on whether an adult or a youth. Dr. Monderer called me back and said that he had talked to all members and they agreed with the draft that no qualifications regarding age, sex, or otherwise, should be stipulated. Mr. Mabee agreed with me, but felt the majority should be adults Being outnumbered, 7 - 2, we will write to all of the organizations listed and request that one nominee be submitted and ten members will be selected. The Board agreed. Upon motion duly made and seconded, it was voted to write to all organizations in the Town and request a nominee for the Ad Hoc Youth Commission; ten members to be appointed from the nominees. Upon motion duly made and seconded, it was voted to go into Exe- cutive 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 reputation of Session a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 10 p.m. A true record, Attest -5111)11'‘ e/..6,0.4„.., .A...„,44.2..."3 Executive Clerk, Selectmen 1 ` 56 STREET HEARINGS ON SUBDIVISION STREETS & CONSTRUCTION STREETS - 2/ 16/72 The Board of Selectmen held hearings in Cary Hall, Cary Memorial Building, on Wednesday, February 16, 1972, at 8 00 P.M. Chairman Cataldo, Messrs. Kenney, Bailey, Busa and Mrs Riff in; Mr McSweeney, Town Engineer, Mr. William Martin, Asst. Town Engineer, and Mrs. Stringos, Clerk, were present.. The Chairman declared the hearings open at 8 00 P.M., and ex- plained that the hearings, required by law, are held for the purpose of making and establishing layouts of streets to be presented for acceptance at the Annual Town Meeting in March Hearing was declared open upon the proposed alteration 'and re- location of Bow Street on the easterly side from a distance of 54 feet, more or less, south of the centerline of Mill Brook Drain Ease- ment northeasterly to a distance of 180 feet, more or less, northeast‘ erly of the centerline of Mill Brook Drain Easement. Chairman Cataldo asked if there were any questions or any one wishing to speak in opposition or in favor of this relocation. No one appeared in favor or in opposition and the hearing was declared closed. Hearing was declared open upon the proposed alteration and re- location of Massachusetts Avenue from the westerly sideline of Depot Square a distance of 137 feet, more or less, westerly to the easterly sideline of Meriam Street. Chairman Cataldo asked if there were any questions or any one wishing to speak in opposition or in favor of this relocation. No one appeared in favor or in opposition and the hearing was de- clared closed. Selectman Kenney opened hearings on subdivision streets and explained that these streets have been constructed under the subdivi- sion control law and that they are non-betterment streets. Hearing was declared open upon the proposed layout of Abernathy Road from Ingleside Road a distance of 661 feet, more or less, easterly to end. No one appeared in favor or in opposition and the hearing was declared closed. Hearing was declared open upon the proposed layout of Birch Hill Lane from Lincoln Street a distance of 948 feet, more or less, north- easterly to end. No one appeared in favor or in opposition and the hearing was declared closed. I 257 Hearing was declared open upon the proposed layout Of Clyde Place from Ingleside. Road a distance of 296 feet, more or less, southerly to end. No one appeared in favor or in opposition and the hearing was de- clared closed. Hearing was declared open upon the proposed layout of Conestoga Road from Wood Street a distance of 794 feet, more or less, easterly to end. No one appeared in favor or in opposition and the hearing was declared closed. Hearing was declared open upon the proposed layout of Dudley Road from Goffe Road a distance of 901 feet, more or less, southeasterly to Philip Road. No one appeared in favor or in opposition and the hearing was declared closed. Mr. Richard Brown, 17 Dudley Road appeared after hearing was de- clared closed and stated that he was here to represent the residents on Dudley Road regarding street lights. He wanted to know what the procedure was as how to go about getting street lights for Dudley Road. Mr. McSweeney stated that we have your application but this is not the time to discuss street lights. He further stated that the obliga- tion rests with the developer and it is not the Town' s responsibility ' but we have filed this application with the Board of Selectmen. He also commented that it is up to the developer to work with Boston Edison. Hearing was declared open upon the proposed layout of Emerson Road from a distance of 140 feet, more or less, east of the centerline of Maureen Road to a distance of 393 feet, more or less, west of the centerline of Maureen Road. No one appeared in favor or in opposition and the hearing was declared closed. Hearing was declared open upon the proposed layout of Goffe Road from Worthen Road a distance of 777 feet, more or less, easterly to Philip Road. No one appeared in favor or in opposition and the hearing was de- clared closed. Hearing was declared open upon the proposed layout of Heritage Drive from Volunteer Way a distance of 1753 feet, more or less, southerly, easterly, and northerly to Volunteer Way. No one appeared in favor or in opposition and the hearing was declared closed. Hearing was declared open upon the proposed layout of Ingleside III Road from Maple Street a distance of 2232 feet, more or less, northerly to Clyde Place 258 No one appeared in favor or in opposition and the hearing was de- clared closed. Hearing was declared open upon the proposed layout of Maureen Road from East Street a distance of 503 feet, more or less, southerly to Emerson Road. No one appeared in favor or in opposition and the hearing was de- clared closed. Hearing was declared open upon the proposed layout of Pheasant Lane from Lincoln Street a distance of 1066 feet, more or less, north- easterly to Birch Hill Lane. No one appeared in favor or in opposition and the hearing was de- clared closed. Hearing was declared open upon the proposed layout of Worthen Road from Pleasant Street a distance of 2069 feet, more or less, northwest- erly to the limit of the previously accepted portion of Worthen Road. No one appeared in favor or in opposition and the hearing was declared closed. The meeting adjourned at 8 15 p.m. I 259 SELECTMEN'S MEETING February 23, 1972 A Regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room, Town Office Building, on Wednesday evening, February 23, 1972, at 7 30 p.m Chairman Cataldo, Messrs. Kenney, Bailey, and Buse, and Mrs. Riffin; Mr. Legro, Town Counsel; Mr. O'Connell, Town,Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Legro reported to the Board that the contract for the Wood Street trunk sewer has been received and approved, except for a change Wood St. in the insurance certificate The Board will be requested to sign the Trunk contract next Monday evening Sewer Mr O'Connell informed the Board that formal notification has been received from Waltham, the sub-agent under the Emergency Employment Act, of approval for a Teacher' s Aide at the Child Center for Lexington, at E.E.A. a monthly rate of $260 for seven months, and a Building Engineer at the monthly rate of $903 for five months. We now have authorization to pro- ceed. This time period represents funds which were appropriated by Congress and the intent is to appropriate new funds. , Mr. O'Connell informed the Board that applications for permits for booths on April 17 are being received and shall the Town Manager pro- Booths teed as in past years to approve the permits? April 17 Upon motion duly made and seconded, it was voted that the Town Manager shall approve applications for permits for refreshment booths on Patriots' Day, April 17, 1972. Chairman Cataldo read a petition from residents requesting that the Board consider 'setting aside a parcel or parcels of land from the Tot Lots Great Meadow Area in the vicinity of Brandon Street and Fottler Avenue Brandon & for the development of a fenced-in playground or playgrounds for little Fottler tots in the area. Avenue Upon motion duly made and seconded, it was voted to refer it to the Recreation Committee for a recommendation. Chairman Cata l do read a letter from Sater i a le & Pre lack, Inc , in opposition to the proposal of the Saddle Club Area Swim Club to pur- Article chase a parcel of Town-owned land. Saddle Chairman Cataldo As I understand it,, this Town Meeting Article Club is being withdrawn, but as a Citizens' Article, they would have to go Pool to Town Meeting to do it. We shall answer the letter and inform Mr. Pre lack. 1The Board agreed. Chairman Cataldo read a letter from Mayor White of Boston request- Fluorida- ing support of House Bill 3242, an Act designating the Metropolitan tion H3242 - 3O Water District as a District for the purposes of fluoridation. This Bill would clarify the status of the Metropolitan Water District with respect to the Massachusetts fluoridation law. Fluoridation of this major water supply would be authorized and directed through fluori- dation orders promulgated by the Boards of Health of a majority of the cities and towns in the district Chairman Cataldo Basically, this year, we have held up our fluoridation program. We should get a copy of this bill to see what it is committing us to. What is the Board's feeling? After discussion, the Board agreed with the general intentfthe Bill, but to withhold a letter supporting this until a copy of the bill is received Upon motion duly made and seconded, it was voted that it is the position of the Board to favor the general intent of House Bill 3242. Chairman Cataldo read a request from Mr. Stan Ivy of Jackson, Mississippi for comments of the Board on No Fault Insurance. Upon motion duly made and seconded, it was voted to forward Mr. Ivy' s letter to Representative Cole and request that he reply to him. Chairman Cataldo read a request from the Governor's Highway Committee to support the Pedestrian Safety Inventory Program of the A.A.A. American Automobile Association. Upon motion duly made and seconded, it was voted to request Chief Corr to complete the questionnaire and forward it to the American Automobile Association. Town Mgr. Upon motion duly made and seconded, it was voted to approve the Bond bond for the Town Manager in the amount of $50,000. Chairman Cataldo read a notice from the State DPW regarding the Annual Rivers and Harbors Hearing to be held on April 6, 1972 at 10 30 a.m at 100 Nashua Street. Chairman Cataldo to Mr. O'Connell Do you know of 'any projects we might have? Mr. O'Connell I know of none. The Board agreed that it is not necessary to have representa- tion at this hearing Chairman Cataldo read a letter from Attorney Sumner Darman, Trustee of Heritage Realty Trust, requesting that the Citizens' Petition be withdrawn to change the zone of a parcel of land on Zoning Bedford Street from its present CH zone to CG general business Article district. Bedford The Board agreed -to inform Attorney Darman that this is an Arti- Street cle on the warrant and it would have to be brought to Town Meeting. The Board would move indefinite postponement at Town Meeting. if Attorney Darman requetted it. 2€i t Chairman Cataldo read a request from the Group Insurance Commission for formal acceptance of Section 11E, G.S. C32B (Retired Teachers)- Transfer of insurance coverages of presently retired municipal teachers and for teachers upon their future retirement out of local group into Teachers one statewide group administered by this Commission. Group _Mr. O'Connell I would like to discuss this with the Comptroller Insurance I believe this is being widely done. Upon motion duly glade and seconded, it was voted to refer it to the Town Manager for his recommendation. Chairman Cataldo read a notice from the Town Meeting Members Asso- ciation that meetings,Wiflbe held on March 1, 8 and 15. Chairman Cataldo We should discuss the recommended schedule of Town Town Meeting dates. The first session is on March 20 at 8 00 p.m. Meeting We usually meet on Mondays and Wednesdays, but Wednesday, March 29 is Passover. Upon motion duly made and seconded, it was voted to recommend that the Town Meting schedule be March 20, March 22, March 27, April 3, all meetings to start at 8 00 p.m., to eliminate the meeting on Merch 29 because of Passover. Chairman Cataldo discussed the intersection at Bedford and Eldred Streets. As you know, we had the hearing on February 16 and a set of six questions was presented. I made the commitment that we would discuss them tonight. These six questions would take some re- search on the part of the Town Engineer. They requested a police officer on a temporary basis during peak hours for that intersection. We have received a report from the Traffic Committee that it does Traffic not recommend a traffic officer be posted at the intersection as, Bedford & Eldred I . This wouldcreate a precedent and similar demands for other Streets intersections would be more difficult to refuse. There are several intersections in Lexington which have an equal or a greater claim for the use of a traffic officer, both in terms of safety (accident record) and in terms of the complexity of traffic movements. 2. It is our understanding that a traffic signal will be ap- plied for and that the traffic officer would be assigned to the Eldred Street junction temporarily pending the installation of the signal. The officials at the district office of the Massachusetts DPW have indicated that our application will probably be turned down. This would make any temporary assignment into a permanent one, as it would be difficult to withdraw the officer. 3. In our opinion the problem at this intersection should be solved only by redirecting a major portion of Bedford Street traffic (such a$ the proposed Hartwell Avenue connector), widening Bedford Street to increase its capacity or providing a new exit at or nearer the ' jughandle' at Hartwell Avenue or some combination of these measures with a traffic signal . 262 Mr. Bailey What do we do until then? Chairman Cataldo Basically, I think we should put an officer` there ( 1) We would finally find out If the State DPW's-position Ts valid; with some sort of control at the intersection, would it back up traffic at Route 128? {2) I am not that pessimistic that th6 application would be turned down, it would be treated with as much fight as we put into it and how we present the case will make'qhe difference in the final analysis when they do Consider our request. Mfrs. Riff In What hours would the policeman be there? Chairman Cataldo 1 would rely on the recommendations of the Traffic Committee or the Chief of Police; 7 30 to 9 00 a.m. and 4 00 to 5 30 p.m Mr Bailey That seems long enough. Mr Kenney The reason the Traffic Committee gave was that 11+0 would establish a precedent; the time may come when we may have to spend more money along these lines. It should serve sufficiently to put an officer there. Mrs. Riff in: How long would it be before we receive an answer from the State? Would pressure hasten it? Chairman Cataldo Would the Board authorize me to write the formal application tomorrow? The Board agreed. Upon motion duly made and seconded, it was voted to instruct-the Town Manager to make the necessary arrangements with Chief Corr to have a police officer stationed at the intersection of Bedfoitd and Eldred Streets on a temporary basis, the hours to be set by the Town Manager and the Chief of Police. Upon motion duly made and seconded, it was voted to authorize - the Chairman to request the State Department of Public Works ferlhe installation of a traffic control signal at the intersection of Bedford Street and Eldred Street Chairman Cataldo informed the Board that Mr. Kingston-Howard had ` reported on a meeting of the Bicentennial Committees of the surrounding Bicenten- towns on February 17 in Estabrook Hall . A resolution was voted cailing nial for a joint meeting with a representative of each town or city on or Committee before April I, 1972 for the express purpose of organizing their format and that until a chairman is elected, it be requested that this meeting be moderated by the Chairmen of the Board of Selectmen of the Town of Lexington or his appointee, and assume the responsibility of commurfl a- ting this resolution to the respective communities. Mr. Howard is to draft a letter to be sent out to the other towns. Chairman Cataldo informed the Board that a request has been re- ceived to issue a proclamation declaring March 15 as ORT Day in ORT Day Lexington. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the proclamation declaring March IS as ORT Day in Lexington. 2 3 The Board discussed the strip of land at the Lexington-Burlington line. Chairman Cataldo The strip is surveyed as the strip exists down to the area where they want to widen; the Wright and Garcia land is where the strip widens andat that point we will be making a partial Lexington taking. There are two problems to resolve before a final determina- Burlington tion is made. We have landlocked about 5 acres of land, 24 acres of Strip each parcel, and we should be prepared to talk with these people. The next step is to draw the orders of taking. It is my feeling to request Town Counsel to order the title searches and discuss these two parcels before we make a final determination. Upon motion duly made and seconded, it was voted to request Town Counsel to draw the necessary documents to make the takings as shown on the plan submitted by the Town Engineer; final instructions to be given at next Monday' s meeting. Chairman Cataldo addressed Mrs Scigliano of the Minute-man and informed her that the Street Procedures Committee did not keep the Spring St appointment with the Board this evening regarding the Spring Street questionnaires. When they are received, the Board would like to have the evaluation and results published in the newspaper. Chairman Cataldo informed the Board that all letters on the Youth Youth Commission nominations have been sent to the organizations. Commission Upon motion duly made and seconded, it was voted to go into Exe- cutive. Session for the purpose of discussing, deliberating or voting Executive on matters, which if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. After discussion of matters pertaining to land and water, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 05 p.m. A true record, Attest 4t e Executive Clerk, Selectm I 264 SELECTMEN'S MEETING February 28, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Offic Building, on Monday evening, February 28, 1972, at 7 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Buse, and Mrs Rift in; Mr Legro, Town Counsel; Mr. O'Connell, Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; and Mrs McCurdy, Executive Clerk, were present Chairman Cataldo informed the Board that a request has been re- ceived from the Red Cross to sign the Proclamation declaring March as Red Cross Month Red Cross Upon motion duly made and seconded, it was voted to authorize Proclama- the Chairman to sign the Proclamation declaring March as Red Cross tion Month Mr O'Connell informed the Board that the Red Cross requests that the Red Cross Flags be flown around the Green on next Sunday, March 5, 1972, and I recommend they be flown at some place in the Center other than around the Green. The Board agreed that Mr. O'Connell is to talk with the Red Cross and decide upon the location of the flags At the request of the Town Clerk, five jurors were drawn, as follows Herman Blasbalg I Baskin Road Jurors Martin L Borish 30 Partridge Road Paul G Scheidemantel 28 Ivan Street Floyd T. Wimberly 6 Alcott Road David L. Woodland 15 Hibbert Street Mr. Legro requested the Board to sign the contract for the con- struction of the Wood Street trunk sewer which was awarded on Wood St February 14, 1972 to Modern Continental Construction Co., Inc. Trunk 905 Main Street, Cambridge, in the amount of $88,947. 13. Sewer Upon motion duly made and seconded, it was voted to sign the contract for the construction of the Wood Street trunk sewer with the Modern Continental Construction Co., Inc. in the amount of $88,947 13. Mr. Legro requested the Board to sign two orders of taking Orders of Upon motion duly made and seconded, it was voted to sign the Taking order of taking of a parcel of land, 27.259 acres, off Woburn Street Benjamin for school and playground and other public purposes, with an award Franklin of damages in the amount of $82,000 to Benjamin Franklin Homes. Homes Upon motion duly made and seconded, it was voted to sign the (G&W) order of taking of a parcel of land 4 4 acres, off Woburn Street for playground and recreation purposes, adjacent to the Harrington School with an award of damages in the amount of $13,000 to Benjamin Franklin Homes. A i R• 2 6,) S Mr. O'Connell informed the Board that he had received a letter from the Regional Director of Health and Welfare notifying the Town that the Welfare Service Office is to be moved from Lexington to Woburn on March 27, Request was made that a room be made available for a half day on Welfare Wednesdays for clients who are unable to go to Woburn. My recommenda- Move tion is for a room in Cary Hall to be made available to them Upon motion duly made and seconded, it was voted to request the Town Manager to make whatever arrangements are necessary to make a room available to the Welfare Office for the purpose of interviewing Lexington residents Chairman Cataldo informed the Board that the Town Manager recom- mends that we accept G.L. Chapter 32B, Section 11E. Upon motion duly made and seconded, it was voted to accept G L. Retired Chapter 326, Section IIE (Retired Teachers) that all teachers insured Teachers' for group life and health insurance, and their dependents, upon re- Insurance ceiving a. pension or annuity allowance from the teachers' retirement system, to have such insurance transferred to the state for convenience of premium withholdings, with the Town making payment of fifty percent of the premium, a portion of the administrative expense and the payment of a subsidiary or additional rate to be paid by the Town Mr. O'Cohnell informed the Board that the Building Inspector has advised him that he had discussions with the manufacturer of factory pre-assembled homes concerning the problem of assembling, and he has received a request for a building permit for two homes they are plan- Pre-fab ning to deliver and erect in Lexington In his judgment, in order to Homes conform with the Lexington building codes, a significant amount of factory inspection will be necessary On a trial basis, .1 T:ecomtinetld the Board authorize a fee for Lexington Inspectors to perform inspec- tion at the factory in southern New Hampshire Chairman Cataldo Are you talking a standard fee or a fee based upon the actual cost to the Town? Mr O'Connell A fee of $50 per day per man; he would be travel- ing in a Town car. This charge would be paid to the Town Treasurer. Mrs. Riff in In this case, the trip to New Hampshire wouldbe included in the $50? Mr O'Connell Yes; this is the total cos+ to the manufacturer and includes the incidentals This will take no more than three trips as the plumber and electrician will go. Mr. Busa I have no objection on a trial basis until we see the problems that crop up. The Board agreed to the fee, on a trial basis, of $50 per day per man for inspection at the factory of pre-assembeled homes, inspec- tion criteria to be set up by the Town Manager Chairman Cataldo informed the Board that nominees have been re- Comm on ceived for the appointments to the Advisory Committee to study the Extenison extension of historic districts in Lexington Hist Dist 266 Upon motion duly made and seconded, it was voted to appoint the following members to the committee on the Extension:oif Historic Districts in Lexington Allan F Kenney, Chairman,, 10 Frost Road Board of Selectmen Eric T Clarke 29 Moon Hill Rd. Planning Board Ralph H. Hall 1656 Mass Avenue Chamber of Commerce Donald J Shaw 6 Barrymeade Dr Historic Districts Comm. Paul MacKenzie 13 Maple Street Town Meeting Member Asso. Chairman Cataldo read a letter from Dr Carl Cahzanelli , 21 Heritage Drive, requesting assistance in obtaining snowplowing services for Snow Heritage Drive. Plowing Upon motion duly made and seconded, it was voted to refer the letter to the Town Manager and request Mr. O'Connell to contact Dr. Canzanelli to resolve the situation. Upon motion duly made and seconded, it was voted to certify the Cert of character of Carol and John Dacey, 37 Woodcliffe Road, who have ap- Incorp. plied for Certificate of Incorporation "Scientific Thought in Astrological Research, Inc." Chairman Cataldo read a notice from the Technical Advisory Com- mittee of the Boston Metropolitan Area Transportation Study that a meeting is scheduled on March 14 at the Transportation Planning Center, Boston, on the proposed Areawide TOPICS Plan and the recom- TOPICS mended Type II Network, comments from the Board are requested if Plan Board members are unable to attend the meeting. Chairman Cataldo We submitted the TOPICS report to the Town Engineer and he recommended that it be referred to the Traffic , Committee for evaluation. Upon motion duly made and seconded, it was voted to request a recommendation of the Traffic Committee on the proposed TOPICS Plan. Chairman Cataldo read a notice from the Alcoholic Beverages A.B.0 Commission regarding a public hearing on March 20 on the proposed 1 repeal of Commission Regulation No. I5B "Hotels and Restaurants shall not on Sundais ,after 1:00 a.m.. illuminate any exterior sign to advertise alcoholic beverages.." Upon motion duly made and seconded, it was voted to inform the ABC that it is the position of the Board to oppose the repeal of Commission Regulation 15B. Chairman Catac$do read a report from the Traffic Committee Traffic stating that the Police Department and the Principal of the Frank- Allen & lin School have studied problems and hazards which arise from the Stedman Sts. present traffic pattern and involve several points of conflict 267 between vehicular and pedestrian traffic to the school . As a result of these studies, recommendations were made by Police Captain Lima to the Traffic Committee and considered and approved by the Committee. These recommendations include both internal traffic changes on school prop- erty, which can be instituted by school authorities, and amendments to the Traffic Rules regarding "No Parking" restrictions. The Traffic Committee recommends that the amendments be considered and approved by the Board of Selectmen. Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of Lexington adopted by the Board of Selectmen November 13, 1967 are hereby amended as follows By adding to Article V, Section 2, Schedule #1 the following LOCATION SIDE FROM TO TYPE PARKING Allen Street Southerly Waltham St. 564' Easterly No Parking Stedman Road Westerly House #l2 Southeasterly No Parking to Allen Street Allen Street Northerly Stedman Rd Westerly to No Parking Waltham Street Chairman Cataldo read a report from the Traffic Committee regard- ing the request of Craft Cleansers for a "No Parking - Loading Zone" area. The report states that the Town owns 15 feet of the 30 feet- wide passage between Craft Cleansers and the rear yard of the block of 'stores facing Massachusetts Avenue. At the present time, about 5 feet nearest to the Craft Cleansers are marked "No Parking". The Traffic Committee has no objection to Craft the above strip being redesignated as "No Parking - Loading Zone" Cleansers It must be made clear to the owners that Town land cannot be reserved for any one-owner's exclusive use and that a loading zone in this lo- cation could be used for deliveries to and frons the rear of the stores facing Massachusetts Avenue, as well as Craft Cleansers. Mr. Kenney Two things bother me, ( 1) we would be reducing the amount of the area, particularly when there is snow. (2) what if others tome in with the same request? I question whether people would be pulling up and just parking there without having clothes to take in. It bothers me to narrow the strip and, also, we are doing something particular for one individual here; whether or not we could expand this for other similar requests would bother me. Chairman Cataldo I would rather do it to have some control and orderliness in the traffic pattern. If designated properly and en- forced so they do use it properly, there would be no argument. You must accept the fact that business in the Center is not the greatest. Also, we lease that area; we don't own that whole parking area. 1268 Mr. McSweeney The loading zone wouldn't be exclusive to Craft Cleansers; you can't set up a loading zone just for them. Chairman Cataldo to Mr. McSweeney Did you take into considera- tion the flow of traffic, and would this hinder it? Mr McSweeney No it would not because it is one-way. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee to designate a "No Parking - Loading Zone" area in front of Craft Cleansers, 1707 Massachusetts Avenue, with the understanding that it is not to be used for the ex- clusive use of Craft Cleansers but as a loading zone for the area. Mr. Kenney was recorded in the negative. Mrs. Riff in discussed the campaign rules sent out by TMNA relating to restrictions on political signs at the polls, and that a permit is required from the Board of Selectmen. Mrs. Rift in Several people are concerned, and if the Board has a policy on this procedure, everybody would know how to proceed. I would recommend that we continue with ourastpractice of allowing people to hold signs, and allow them to have signs on cars, 150 feet from the polls. If the Board wants to review the law and take a stand different from previous practice, we should do it in the future, as it is difficult at this date for people to bring in letters. Chairman Cataldo The ' 150 feet' is the state statute, not our by- law, and they should be treated separately. I think it is unfor- tunate that the TMMA news letter came out based on one person's- Sign opinion of the by- law and create this confusion. Section 19 of our By-Law by- law reads that "No person shall, in any street or public place, carry and display, for advertising purposes, any show card, placard, or sign, except in accordance with a permit so to do from the Select- men". If the intent is not to allow political signs, I am ready to enforce it, but 1 would like to get the opinion of Town Counsel. Mr. Legro This by- law has always been interpreted for adver- tising for sale or appealing to people for commercial purposes. Chairman Cataldo. You are saying that political signs do not come under the scope of this by- law? Mr. Legro Not under this by- law; that is the way this by- law has been- interpreted. A broad interpretation is neither fitting nor proper and I question as to its constitutionality. Mrs. Riff in I have also been asked abbut slgas on carve = " at the Central Fire Station; people have called and have been told they can't park in the Central Fire Station lot. Can there -be cars parked there? - Chairman Cataldo As far as I am concerned, if it is within the election taw and within the rules and regulations of the Fire Depart- ment, fine, but we must accept the fact that this was designed for a specific function and not for all day parking. There is a Credit Union there and people must vote and it should be left open -I don't know what the Fire Department regulations are. Mrs. Rift in I would like to know what the policy is in the Fire Station lot and have it in the newspaper. 26!) III Chairman Cataldo Is the Board agreeable to the interpretation as Town Counsel explained it? The Board agreed. Chairman Cataldo discussed the water being supplied to the Town of Burlington on an emergency basis. Chairman Cataldo The Burlington Board of Selectmen was to meet Water with us this evening at 7 30 and we did not receive word that the ap- Burlington poi.ntment would not be kept. What is the Board' s feeling? The Board agreed to contact the Burlington Board of Selectmen and request a special meeting be held on Wednesday at 8 30 a.m. in our Selectmen' s,'Meeting Room Upon motion duly made and seconded, it was voted to go into Exe- cutive Session, for the purpose of discussing deliberating or voting Executive on matters which, if made public, might adversely affect the public Session 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 go out of Executive Session.; Upon motion duly made and seconded, it was voted to adjourn at 9 37 p.m. A true record, Attest, Executive Clerk, Selectmen6 270 SELECTMEN'S MEETING March 6, 1972 A regular meeting of the Board of Selectmen was held in the 'Select- men's Room, Town Office Building, on Monday evening, March 6, 1972, at 7 30 p.m Chairman Cataldo, Messrs. Kenney, Bailey, Buse, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mrs, McCurdy, Executive Clerk, were present. Mr. O'Connell informed the Board that the Selectmen are invited to attend a meeting with the School Department concerning collective bargaining on Thursday, March 9, at 10.00 a.m. at the School Adminis- tration Building . Members of the Board will attend, if it is possible. Mr. O'Connell informed the Board that a policeman is on duty at Eldred and Bedford Streets each morning from 7 30 to 9 00. The police Traffic Department is studying the situation and if the results show that he Bedford & is needed, a policeman will be assigned to duty in the late afternoon. Eldred Sts. Chairman Cataldo Is there a backup of traffic? Mr. O'Connell There is no report on this. Chairman Cataldo Is Chief Corr keeping it documented day by day? Mr. O'Connell Yes. The Board agreed to wait for the results of the study. Chairman Cataldo informed the Board that an application has been received from Lexington Enterprises, Inc. for the transfer of Common Victualler Liquor License from Anthony' s Restaurant at 27 Waltham Transfer Street. Liquor Mr. Legro I reviewed the application and it is signed by one License individual of the corporation and it must be signed by a duly author- ized officer of Lexington Enterprises, Inc., and the application must be accompanied by a certificate of the vote authorizing the official to sign the application, a certificate of the vote appointing the manager named in the application, a certificate of the incorporation of Lexington Enterprises, Inc. The Board agreed that Lexington Enterprises, Inc. be informed of the discrepancies in the application. Mr. Legro is to check with the Alcoholic Beverages Commission on the requirements regarding the transfer of a liquor license. Upon motion duly made and seconded, it was voted to approve the Ambulance request of the Collector of Taxes to sign the ambulance abatements Abatements for 1970 and 1971 , as the bills are uncollectable. Upon motion duly made and seconded, it was voted to sign and for- Number of ward to Secretary Davoren the certification of 33,428 Lexington Residents inhabitants 271 IIIChairman Cataldo read a report from the Superintendent of Public Works regarding the request from Mrs. Mary Rudd, 7 Tewksbury Street, Housing to relieve a hazardous tree condition on Sargent Street. The, report Authority states that the Public Works Department reviewed the problem area Trees and, as the trees are the responsibility of the Housing Authority, the recommendation is that this condition be referred to them. Upon motion duly made and seconded, it was voted to refer the matter to the Housing Authority with the understanding that if any assistance is needed in analyzing the problem to contact the Super- intendent of Public Works. Chairman Cataldo read a letter from Mrs. Julie Cadle, 15 Meriam Street, regarding parking on Meriam Street. Parking Upon motion duly made and seconded, it was voted to refer the Meriam St. letter to the Traffic Committee for a recommendation. Chairman Cataldo read a letter from Mr. George Matheson, Man- hattan Builders, Inc , stating that during the construction of the newly erected Sherwin-Williams building at 25 Waltham Street he had found it necessary to remove a rear chain link fence. Because the Sherwin lot is 40 feet wide, he requests that he install 30 feet of fence, Williams and be allowed to keep the remaining 10 feet open for delivery; Delivery this would alleviate delivery problems for Sherwin-Williams and the Area Town and also would make it the only store in the municipal parking area without a service area. Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Chairman Cataldo read a letter from the Massachusetts Legisla- tive Research Bureau requesting that a questionnaire on Real Estate Real Estate Property Tax Exemptions be completed. This agency has been directed Exemptions by the legislature to study and report on the feasibility of the Tax Study state assuming the financial burden now borne by cities and towns by reason of property tax exemptions accorded to governmental and non- governmental real estate used for statewide or regional purposes, as contrasted with such properties dedicated primarilyto services within the communities in which they are situated. Upon motion duly made and seconded, it was voted to refer the questionnaire to the Board of Assessors. Chairman Cataldo read a letter from Mr. Frank I . M chelman stating that he could meet with the Board to discuss scattered sites proposals Scattered Mrs. Riff in LCSR reviewed the four points set forth by Mr. Sites Michelman and they approved, in essence, the points that he made on Article I ) restriction to single family dwellings, 2) ownership-type housing, 3) authorization limited to Lexington Housing Authority or private non-profit organizations as sponsors, 4) authorization limited to a small number of specifically described lots. The Board agreed to schedule a meeting with Mr. Michelman before the Article comes up in Town Meeting. 272 Chairman Cataldo read a letter from Commissioner Campbell of the State Department of Public Works stating that the legislature has Highway recently provided funds for the continuation of the Department's High- Safety way Safety 'Program by providing SI M for reimbursipg cities and towns for the Commonwealth' s share of the cost of installation of traftid control devices at high accident locations. To establish a more equit- able implementation of this program, first priorities where possible are to be assigned to the communities not eligible for participation in the TOPICS program. I urge each municipal official whose function involves highway safety to review high accident locations and submit the proposed safety projects to the local District Highway Engineer for his review and recommendation Upon motion duly made and seconded, it was voted to refer the letter to the Traffic Committee, Engineering Department and Police Department for comments. Chairman Cataldo read an announcement from the State Department of Education of an open discussion on Senate Bill 958 - an Act to equalize fiscal ability for support of schools and other municipal 8B-958 services, on March II at the Northeast Regional Educational' Center, School North Andover Chairman Cataldo This has to do with the Regional Vocational Technical School and would change the formula on reimbursement both to Lexington and the region. Mrs. Riff in is to contact Mr. Mollo-christensen and request that he attend the meeting with her. Mr. and Mrs. David Franklin, 4 Rolfe Road, met with the Board Mr Mr. Franklin I would like to discuss priorities for snow re- moval . We live in Countryside and have difficulty getting snow removal so that children can cross safely to school . Last year and Snpw this year I have had conversations with Mr. McSweeney and he said if Removal we would like the priorities changed to get in touch with the Select- men. Is this truer Chairman Cataldo. It is. This Board leaves it directly and specifically within the priority of the Town Manager and the Super- intendent of Public Works. We don't get into that area as such. I think you should meet with Mr. O'Connell and ybu will end up with satisfactory answers. The Board agreed that Mr. Franklin is to meet with Mr. O'Connell to discuss the priority of snow removal . Chairman Cataldo read an invitation from the Girl Scouts to at- Girl tend the Diamond Jubilee Exhibition at Hanscom Air Base on March Irk, Scouts 1972. Due to the work schedule, no member of the Board is able to attend. !�A '4‘.3 Upon motion duly made and seconded, it was voted to certify the Cert. of character of Herbert S. Kassman, 5 Stonewall Road, who has applied Incorp for Certificate of Incorporation "Norumbega Foundation, Inc." Upon motion duly made and seconded, it was voted to approve the Bond bond for Constable John J. Shine, Jr. in the amount of $3,000. Constable Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s meetings held on November 29, 1971, Minutes February 14 and February 23, 1972. Mr. Herbert Eisenberg, Chairman of the Street Advisory Committee met with the Board to give a report on the Spring Street question- naires. Mr. Eisenberg The results reveal a strong consensus on three issues, and a near-consensus on one other a) A majority (54%) agree that the street should be reconstruced to a width of 24-26 feet with a strong feeling (69%) against the 30-foot width, and a significant undertone (39%) that only 20-22 feet would be desirable. (Note In all cases the figures of percentage are on a base Spring of 93 returns, with no answer to a question being counted Street as if the respondent had checked "neutral" ) Report b. There is a distinct preference for 1 sidewalk (67%), with only 2% favoring two sidewalks, and 26% suggesting no sidewalk at all . c. Two out of three said that betterments for cost of sidewalk should be shared by properties on both sides of the street d. Although many did not seem to feel the sidewalk alignment to be important (half expressed no preference), of those who did the consensus was about 3 to 1 in favor of a meandering sidewalk to avoid trees; however, they were evenly divided as to whether they would grant easements to facilitate the meandering. Of the 39 who advocated the meandering alignment only II would not grant easements Perhaps surprisingly, there was no agreement as to which side of the street should bave the one sidewalk most advocated: 21 agreed and 17 disagreed with the even-numbered side; 24 agreed and 26 dis- agreed with the odd-numbered side; this seems to average out to 47 to 41 in favor of even. On the same basis of tabulating, those living on the odd-numbered side opted, 35 to 12, for the sidewalk on the even side; and those living on the even side favored a sidewalk across the street by a 29 to 12 margin. The consensus clearly stated is for one sidewalk on the other side of the street. Answers on this item should be studied further by the engineering department to ex- plore correlations between the answers on sidewalk number, placement, easement and betterment. 274 More than a third of the respondents submitted comments (36). The great majority of these developed the notion that excessive speed would vary directly with the width of the paved surface. Many emphasized inadequate enforcement as a critical problem. A few commented on parking, but there was no clear agreement here. A few mentioned shallow front yards as an argument against roadway widening, or against sidewalk construction. Very few expressed strong feelings about trees - perhaps most respondents assumed their feelings on this issue were contained in other responses. The Committee concludes that the questionnaires bear out, rather directly, the opinions expressed at the January 5 hearing and at our meeting with representative residents of the area on January 23. We shall continue to study the problem, and expect soon to sub- mit to the Town Engineer suggested design criteria to be incorporated in a study plan, which we believe is desirable before another hearing is held. We assume the appropriation to be sought under Article 25 can be applied, as necessary, to plans for Spring Street. We see no likelihood that the Street Advisory Committee will have any specific recommendation to make under Article 31 . Chairman Cataldo I have one comment regarding enforcement. When we had the radar there, I would say 75 percent of residents re- ceived violations I think they have a policing to do within them- selves. Do you have a schedule set up? Mr. Eisenberg As I understand the procedure, the preliminary informational hearing has been held, the procedure then is, based on information, the Town Engineer has to come up with a study plan. We expect to make recommendations to him and after the study is pre- pared to have the preliminary hearing. Chairman Cataldo When will you be ready for this? Mr. Eisenberg 1 have no idea. Chairman Cataldo When you have the schedule, get in touch with Mr. McSweeney; before any final decisions are made, we will have another hearing. The Board agreed that Mr. McSweeney is to spot check the plan in two or three locations for the location of trees on the layout and, also, to check lot lines. Mr. McSweeney was instructed to start on the preliminary study to be presented to the Street Advisory Committee. Mr Eisenberg retired from the meeting. Upon motion duly made and seconded, it was voted to adjourn at 8.25 p.m. A true record, Attest Executive Clerk, Selectmen 27J SPECIAL SELECTMEN'S MEETING March 8, 1972 A special meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Wednesday morning, March 8, 1972, at 8 30 a.m. Mr. Kenney, Mr. Bailey, Mrs. Riff in and Mr. Brown were present. Mr. O'Connell, Town Manager and Mrs. McCurdy, Executive Clerk, were also present. The meeting was called to order by the Clerk, who declared that nominations were in order for the election of the 'Chairman of the Board. Motion was made by Mr. Bailey and seconded by Mrs. Riff in nominat- Reorganiza- ing Allan F. Kenney as Chairman. tion of Upon motion duly made and seconded, nominations were closed. the Board Upon motion duly made and seconded, the Clerk castone ballot and Mr. Allan F. Kenney was unanimously elected Chairman of the Board for the ensuing year. The Board discussed the possibility of employing an Assistant and agreed to set up a meeting with the Appropriation Committee on next Monday evening, March 13, 1972. Upon motion duly made and seconded, it was voted to adjourn at 8 35 a,m. A true record, Attest ^{ 4. 22' Executive Clerk, Selectmen 276 SELECTMEN'S MEETING March 13, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday evening, March 13, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse and Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs. McCurdy, Executive Clerk, were present. Hearing was declared open upon petition of the New England Tele- phone Company and the Boston Edison Company to move one pole on Dewey Road. Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer. Mr. Pratt, representing the Boston Edison Company, was present and Pole said that the petition was at the request of the former owner, Mr. Dewey Duckman, of 2 Dewey Road who wished the relocation of the pole in order Road to widen his driveway. Mr. Asano, the new owner is present this evening. Chairman Kenney to Mr. Asano Are you in favor of the pole relo- cation? Mr. Asano Mr. Duckman told me that the pole was going to be moved because it was located by mistake. Currently, we have no plans to build a garage or driveway so I would like to request that this petition be dropped without prejudice, because we might need to petition again. My neighbor called up and said she was concerned about the relocation and if we did not have a plan to go ahead she would rather have it as it is. 1 have no objection to that. Mr. Pratt 1 will withdraw the petition and send the proper papers on "Leave to Withdraw". Chairman Kenney declared the hearing closed. At the request of the Town Clerk, two jurors were drawn as follows Jurors Emile W. Si nge lai s 14 Scotland Road Allen E. Laudenslager 77 Emerson Gardens Bonds Upon motion duly made and seconded, it was voted to approve the Town Clerk bond for the Town Clerk in the amount of $2,200. Tax Collec- Upon motion duly made and seconded, it was voted to approve the for bond for the Tax Collector in the amount of $ 124,400. Water Upon motion duly made and seconded, it was voted to approve the Abatements request of the Superintendent of Public Works to sign the water abate- ment for Henri Vetter, 30 Woodcliffe Road, in the amount of $101 .70. 277 Upon motion duly made and seconded, it was voted to sign Auctioneer licenses for Robert N. Cann 4B Hancock Street Auctioneer William A. Sennott 10 Douglas Road Elaine S. Myers 27 Outlook Drive Harry J. Myers 27 Outlook Drive Chairman Kenney informed the Board that the application from Lexington Enterprises, Inc., Marguerite Brasco, Manager, for a Common Victualler Liquor License is in proper form and the procedure Liquor is to set the date for the hearing. Transfer of Upon motion duly made and seconded, it was voted to set the date Anthony' s for the hearing on March 27, 1972 at 7 00 p.m. on application of Restaurant Lexington Enterprises, Inc. for a transfer of Common Victualler Liquor License from Anthony Bevilaqua, owner of Anthony's Restaurant, 27 Waltham Street. Chairman Kenney read a request from the Lexington Rotary Club for a one-day permit to post a sign at the intersection of Meriam Street and Massachusetts Avenue advertising the Pancake Breakfast on April 17, 1972. Mr. O'Connell The reason for the request is that people do not Permit know where the breakfast is being held. Upon motion duly made and seconded, it was voted to approve the request of the Lexington Rotary Club for a one-day permit for a sign in the area of the intersection of Meriam Street and Massachusetts Avenue,, subject to the rules and restrictions of the Town Manager, and subject to his approval of the design. Upon motion duly made and seconded, it was voted to sign the Order for Construction of Water Main on Sheridan Street from Sherman Water Street, a distance of 395 feet, more or less, to existing 8 inches Main Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on York Street from Grant Street a dis-Once of 545 feet, more or less, to end of York Street acceptance. York Street from end of private way a distance of 140 feet, Sewer more or less, to house #39. Construc- tion Bridle Path from Pleasant Street a distance of 440 feet, Orders more or less, westerly to house #18. Valley Road from limit of Valley Road acceptance northerly to 150 feet, more or less. I 278 East Street from Emerson Road a distance of 2547 feet, more or less, to Lowell Street. North Street from Adams Street a distance of 177 feet, more or less, to house #I13. Revere Street from numbers 7 and 8 to numbers 21 and 22 a distance of 770 feet, more or less, at B & M R.R. Wingate Road from Lee land Terrace a distance of .200 feet, more or less, easterly. Larchmont Lane from house #I5 a distance of 460 feet, more or less, to Revere Street Hill Street from Diana Lane a distance of 365 feet, move or less, northeasterly Hill Street from Cedar Street a distance of 665 feet, more or less, to easement. Lee land Terrace from house #3 a distance of 200 feet, more or less, northwesterly to Wingate Road. Chairman Kenney read a. report from the Traffic Committee on the proposed areawide TOPICS plan, as follows I . In the opinion of the Traffic Committee the plan shows ex- cessive emphasis on the use of stop signs, flashing beacons and traffic signals. While appropriate or necessary in some instances, TOPICS these traffic control devices are frequently less effective (and more expensive) than channelization and marking, that is geometric design which leads, rather than directs, the traffic. In many In- stances the proposed traffic signals or stop signs would not meet the warrants of the Massachusetts Department of Public Works. 2 The intersection design at Massachusetts Avenue and Pleasant Street (Rte 4-225) should have a high priority within the first group, and the intersections of Massachusetts Avenue with Maple Street and Marrett Road (East) should be coordinated with the Pleasant Street intersection. 3. Subject to the above comments, which should be considered in implementing the recommendations of the areawide TOPICS plan, the Traffic ,Committee approves the areawide TOPICS plan and recommends that design and implementation of Project I commence. It should be noted, that the grouping of Project I items has been changed in ac- cordance with Traffic Committee recommendations from the earlier proposals which had Bedford Street at Eldred Street, Hartwell Avenue and Rte. 128 in group II 279 4. The Traffic Committee believes that its familiarity with the specific problems at various locations will be of particular value in the review of specific detailed design proposals in the forthcoming Project I report. i t The Board agreed to the recommendations of the Traffic Comm t ee and Mr. McSweeney and Mr. Zaleski are to present them at the meeting of the Technical Advisory Committee of the Boston Metropolitan Area Transportation Study to be held on March 14, 1972. Chairman Kenney read a letter from the Town Celebrations Commit- tee stating that it is in favor of a recent proposal from the Lexington April 19 Junior Chamber of Commerce to have bleachers for spectators at the Bleachers Patriots' Day parade, and also feels it would be an excellent pilot program for the 1975 celebration. After discussion, the Board agreed to forward the letter from the Town Celebrations Committee to the Town Manager for his recommendations. Chairman Kenney read a request from the Easter Seal Society for the Board to declare March 30 as Coffee Day in the Town of Lexington. Easter Upon motion duly made and seconded, it was voted to sign the proc- Seals lamation declaring March 30 as Coffee Day in the Town of Lexington Chairman Kenney distributed copies to the Board of the annual appointments to be made and it was agreed to discuss them at a later Appoint- ' meeting. ments Chairman Kenney discussed appointments to the negotiating teams of the Town Unions. Upon motion duly made and seconded, it was voted to appoint Alfred S. Busa to replace Robert Cataldo, a member of the negotia- ting team with the Department of Public Works Union, Local No. 1703. Union Mr. O'Connell is to serve with Mr. Busa. Negotia- Mr. Kenney and Mr. O'Connell are to continue to serve on the ting negotiating team with the Police Betterment Association. Teams Mr. Bailey and Mr. O'Connell are to continue to serve on the negotiating team with the Fire Fighters Union. Mr. Kenney informed the Board that he had met with Dr. Kessler, Chairman of the Conservation Commission, regarding negotiations on land articles in the Warrant. Dr. Kessler was told that the onus Conserve- belongs to the Conservation Commission to put these together as a tion package; if he is willing to spearhead the project, we would be Land willing to put one of our Board members on to assist him. Articles Upon motion duly made and seconded, it was voted that Mr. Bailey is to assist the Conservation Commission with the Porter land nego- tiations; Mrs. Riffin is to assist with the Ashley negotiations, and Mr. Busa is to assist with the Pinard negotiations. 280 Drug Upon motion duly made and seconded, it was voted to appoint Committee Natalie H. Riff in a member and Chairman of the Drug Advisory Com- mittee. Chairman Kenney informed the Board that since the Town Office Town Building is completed, the Committee should be dissolved. Office Upon motion duly made and seconded, it was voted to dissolve Building the Town Office Building Committee and to instruct the Chairman to Committee write a letter of appreciation to the members. Extension Upon motion duly made and seconded, it was voted to appoint of Hist. Sanborn C. Brown a member and Chairman of the Committee to study the Dist. Comm. Extension of the Historic Districts in the Town. Tax Study Upon motion duly made and seconded, it was voted to appoint Committee Sanborn C. Brown a member of the Master Tax Plan Study Committee, to replace Robert Cataldo. Chairman Kenney informed the Board that he had met with Kingston Howard of the Bicentennial Committee. Mr. Howard requests that the Bicentennial Board call a meeting for April 6 and invite a representative of all Committee cities and towns which had taken part in the events of 1775. The Meeting Chairman of the Lexington Board of Selectmen will chair the first meeting The Board agreed to send out invitations for April 6, 1972. Chairman Kenney said that Mr. Howard requests the appointment of Donald M. Graham to the Lexington Bicentennial Committee and a representative of Lexington to the regional 1975 Celebrations Appt. Committee. Upon motion duly made and seconded, it was voted to appoint Donald M. Graham a member of the Lexington Bicentennial Committee. Upon motion duly made and seconded, it was voted to appoint Donald M. Graham a member of the regional 1975 Bicentennial Committee. Chairman Kenney informed the Board that the Board must vote Mystic to adjust the figure for the Mystic Valley Mental Health appro- Valley priation. Mental Upon motion duly made and seconded, it was voted to approve Health the recommendation to Town Meeting under Article 27 for the appro- Approp. priation of $18,376 to the Mystic Valley Mental Health Clinic. Mr. O'Connell informed the Board that bids were received on March 6 for the sanitary sewer construction. The authority for Sewer this work is contained in Article 20 of the 1971 Annual Town Construc- Meeting Warrant-Sewer Lateral Construction. The three low bidders tion were Grandview Contracting Inc., $ 104,559.50; Nicholas J. Bonanno, $107,471 .30; T.D. Sullivan d Sons Co., $112,616.95. The Recommend- ation is to award to the low bidder, Grandview Contracting Inc., for $104,559.50. G� Mr O'Connell discussed snow removal and recommended a change in the budget figure by adding an increase of $35,000 for snow removal and $20,000 in the D.P.W. Overtime Personal Services budget. We had Snow hoped to have a $60,000 budget, but because of the recent snow Removal storms our costs have been heavy. We spent $48,000 on hired equipment and $30,000 on material$, including salt and sand. The additional ,$35,000 would make it $95,000 leaving a balance of $14,000 for the rest of the year. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to add $35,000 to the snow removal budget and $20,000 in the overtime personal services budget. Chairman Kenney said that Mrs. Vohl of 27 Partridge Road can- celled her appointment with the Board this evening to discuss the Needles' report on Town highways. Needles' The Board agreed to request comments from the Planning Board on Report the effect on Route 2, also to talk with Representative Cole for his comments. Mr. Bailey informed the Board that residents of the Eldred Street area have reiterated their interest in having a representative accom- pany us to the meeting with the State Department of Public Works to discuss a traffic signal . They raised the question of the lack of a policeman in the evening at Bedford and Eldred Streets. I explained that the situation is being reviewed by the Police Department. Has Eldred St. there been any change? Traffic Mr. O'Connell: No, the feeling of the police is that most of Signal the traffic coming off and going on Eldred Street turns right. Captain Lima is to watch it for a few weeks and if this is not the case the understanding is we would have to add an officer in the evening. Cha i,rman Kenney We have received a reply. from the State DPW that we could arrange a meeting to discuss the situation. Mr. Bailey agreed to set up a meeting with the State DPW and a representative of the Eldred Street area is to accompany him. Mrs. Riff in informed the Board that Mr. Jenkins, subdivider of the Ashley land, met with Dr. Kessler of the Conservation Commission Ashley- and me and is meeting with the Planning Board. He offered to meet Jenkins with the Board to see if we are interested in the two layouts. Land Mrs. Riffin reported to the Board on the meeting she had attended at the Northeast Region Educational Center in North Andover on March S958 School II regarding Senate Bill 958-an Act to equalize fiscal ability for d Municipal support of schools and other municipal services. There was an open Reimburse- forum and various experts were there. Under the present bill , we get ment $240 per student, and we get $290 per student under S958. There is a factor in it to pay for children and some money for municipal ser- vices, to be raised by an increase of I percent in the sales tax. 282 I also attended the hearing today held by the joint Committee on Taxation The Massachusetts League of Cities and Towns and the Depart- ment of Education are in favor of S958. I made two points ( 1) that` we approve of increasing funds coming to cities and towns for children and for relief of municipal services in order to defray the impact of the high property tax, (2) that the formula for reimbursement for Regional Vocational Schools must be kept at the present reimbursement level . Mr. Buse As I remember, Mrs. Riffin was supposed to get the feeling of Mr. Mello-Christensen. Is he in fates' of it?' Mrs. Riffin He was to call me and I haven't heard from him. Chairman Kenney We discussed the broad outline while on the bus tour yesterday, and it was the consensus that since the hearing was today, Mrs. Riffin was to be our representative and would indi- cate that we have some reservations and, hopefully, the tax rate would be adjusted down. Mr. Busa I have no objection, but not to have Mr. Mello-Christensen' s opinion of the bill where his committee opposed it... The Beard agreed that Mrs. Riffin was to talk with Mr. Mollo- Christensen to obtain his views on S958. 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 affert the Session 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 go out of Executive Session. The Board discussed the orders of taking adopted on February 28, 1972 for the Woburn Street school site and the land adjacent to 'the Harrington School . Mr. Legre advised that the order be rescinded regarding the land adjacent to the Harrington School and a revised order be adopted. Order of Upon motion duly made and seconded, it was voted to rescind Taking-Land the vote of February 28, 1972 to adopt the order of taking of a par- Adjacent to cel of land, 4.4 acres off Woburn Street for playground and recrea- Harrington tion purposes, adjacent to the Harrington School, with an award of School damages in the amount of $13,000 to Benjamin Franklin Homes. Upon motion duly made and seconded, it was voted to adept e revised order of taking of a parcel of land, 4.4 acres off Woburn Street for playground and recreation purposes, adjacent to the Harrington School , with an award of damages in the amount of $13,000 to Benjamin Franklin Homes. Upon motion duly made and seconded, it Was voted to adjourn at 12 08 p.m. A true record, Attest l c�4 xecutive Cle k, Selectmen 283 SPECIAL SELECTMEN'S MEETING March 16, 1972 A special meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Thursday evening, March 16, 1972, at 7:00 p.m. Chairman Kenney, Messrs. Buse and Brown, and Mrs. Riff in were present. Mrs McCurdy, Executive Clerk, was also present. Chairman Kenney informed the Board that a vote is needed to lay out the streets in the Town Meeting Articles. Upon motion duly made and seconded, it was voted to lay out the following streets Bow Street on the easterly side from a distance of 54 feet, more or less, south of the centerline of Mill Brook Drain Easembnt northeasterly to a distance of 180 feet, more or less, northeasterly of the centerline of Mill Drain Easement. Massachusetts from the westerly sideline of Depot Square a dis- Avenue tance of 137 feet, more or less, westerly to the Street easterly sideline of Mariam Street. Layouts Emerson Road from a distance of 140 feet, more or less, east of the centerline of Maureen Road to a distance of 393 feet, more or less, west of the centerline of Maureen Road. Abernathy Road from Ingleside Road a distance of 661 feet, more or less, easterly to end Birch Hill Lane. from Lincoln Street a distance of 948 feet, more or less, northeasterly to end. Clyde Place from Ingleside Road a distance of 296 feet, more or less, southerly to end. Conestoga Road from Wood Street a distance of 794 feet, more or less to end. Dudley Road from Gaffe Road a distance of 901 feet, more or less, southeasterly to Philip Road. Goffe Road from Worthen Road a distance of 777 feet, more or less to Philip Road. 284 Heritage Drive from Volunteer Way a distance of 1753 feet, more or less, southerly, easterly, and northerly to Volunteer Way. Ingleside Road from Maple Street a distance of 2232 feet, more or less, northerly to Clyde Place. Pheasant Lane from Lincoln Street a distance of 1066 feet, more or less, northeasterly to Birch Hill Lane. Worthen Road from Pleasant Street a distance of 2069 feet, more or less, northwesterly to the limit of the previ- ously accepted portion of Worthen Road. Maureen Road from East Street a distance of 503 feet, more or less, southerly to Emerson Road Chairman Kenney informed the Board that an application for Common Victualler License has been received from Denny's Restaurant, 438 Denny's Bedford Street. The hours of operation have been set by the Board of Restaurant Appeals for 6 00 a.m. to II 00 p.m. Does the Board have any objection to the scheduled open house party on Monday, March 20? The Board had no objection. Action will be taken on the license at the next Board meeting. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputa- tion of a person. After discussion of a personnel matter, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 00 p.m. A true record, Attest Executive Clerk, Selectmen 285. SELECTMEN'S MEETING March 20, 1972 - A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, March 20, 1972, at 7 00 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, and Mrs. Riff in; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Bailey recommended that the Town Manager become a Town Meeting Town Mgr. Member-at-Large. TMM- The Board agreed this should be taken care of before the next Town At-Large Meeting. Mr. O'Connell informed the Board that bids had been received on seen police cruisers from Rowe Chevrolet for $15,335 and Lawless- Mawhinney for $ 17,700. We are in a position to grant the bid to Rowe Police Chevrolet if Article 4 is enacted as, under this Article, we have Cruisers asked for $ 15,000 for seven vehicles, six cruisers and one unmarked car We received a good trade-in and it wilt be just under $2,000 a cruiser Mr. O'Connell informed the Board of a codxnunication from the Direc- tor of Civil Service regarding height and weight requirements for applicants for police forces. According to a recent decision of the Courts, a new police examination must be held and our requirements must be onfile; they do correspond to the height and weight limits of the State Civil Service. 1 recommend, that the Board authorize the Chairman to sign the form to be submitted. Police Upon motion duly made and seconded, it was voted to amend the Regula- Rules and Regulations of the Lexington Police Department, Rule 23- tions Weight Requirements, adopted by the Board of Selectmen on August 14, 1967 and effective on September I, 1968, by adding minimum weights to the existing regulation HEIGHT WEIGHT MINIMUM MAXIMUM MINIMUM MAXIMUM Police Force 5'7" 6'5" 135 lbs. 231 lbs. Heiaht Weiaht Height Weight Min. Max. Min. Max. 5'7" 135 177 6' 1" 160 205 5'8" 135 181 6'2" 165 210 5'9" 140 185 6'3" 170 215 5' 10" 145 190 6'4" 175 225 5' 1 I 150 195 6' 5" 180 231 6' 155 200 ' Effective Date March 20, 1972 286 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the form, containing the above requirements, to be submitted to the Director of Civil Service. Mr. O'Connell discussed the snow removal account 5500; the last action of the Board was to approve $95,000. Prior to the last storm we expended $81 ,000, exclusive of labor. The recent storms of Snow March 14, 15 and 16 have added another $8,000 which includes about Removal $7,000 for hired equipment and $1,000 for materials. To date, we have expended $89,400 against this planned $95,000 budget. Another significant thing is that in this Account-5500 we originally asked for $10,000 for two additional sander bodies and plows that we do not put in the capital budget. The $89,400 expenditure has wiped out that item and if we were not to get this equipment in the summer, we would go into the winter in poor shape. After discussion, the Board agreed to $115,000. Upon motion duly made and seconded, it was voted to approve the request of the Town Manager to increase the snow removal account 5500 to $ 115,000. Chairman Kenney informed the Board that an application has been received from Denny's Restaurant for a Common Victualler License. Denny's The premises have been inspected and approved by the Board of Health. Restaurant Under the permit of the Board of Appeals, the hours of operation are Common 6 00 a.m. to II 00 p.m. for seven days a week. Victualler Upon motion duly made and seconded, it was voted to sign and License issue a Common Victualler License to Harold Butler Enterprises 0705 Inc., d.b.a. Denny's Restaurant, 438 Bedford Street, the hours of operation are to be 6:00 a.m. to II 00 p.m., according to the con- ditions set forth by the Board of Appeals. Chairman Kenney read a letter from the Metropolitan Planning Council regarding the receipt of the final application from the Hanscom Massachusetts Port Authority for certain aircraft apron and service Field road improvements at Hanscom Field. The Board agreed that a reply is not necessary. Chairman Kenney read a request from the U.S. Environmental Spring Protection Agency for two designees, a male and a female, from Clean-up Lexington to help in setting up local projects to improve the envi.r Projects ronment. Upon motion duly made and seconded, it was voted to request the League of Women Voters for a designee, and to request the Conservation Commission for a male designee; both names are to be submitted to the U.S. Environmental Protection Agency. Upon motion duly made and seconded, it was voted to grant the Abatement request of the Collector of Taxes to rescind the *ote of June 10, 1970 for abatement of ambulance bill of Michael Allen, 305 Elm Road, Cambridge; bill in the amount of $ 10 has been paid. 287 Upon motion duly made end seconded, it was voted to grant the re- quest of the Superintendent of Public Works for an abatement of the Abatement water bill of George Rowe, 25 Hilltop Avenue, in the amount of $8.47; incorrectly charged. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of February 28, March 6 and Mi Mites March 8, 1972. Chairman Kenney read a request from the Lexington Lodge of Elks for an extension of hoursundertheir Club Liquor License for Patriots' Day, April 17, 1972, from 100 p.m. to 12 00 M. Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Lodge of Elks No. 2204 for an extension of hours Elks Club under their Club Liquor License for Patriots' Day, April 17, 1972, from 100 p.m. to 12 00 M. Upon motion duly made and seconded, it was voted to aothorize the Chairman to sign the Liquor Identification Card for Michael L. Hurley, 10. Card 4 Carville Avenue. Chairman Kenney read a report from Mr. Zaleski , Chairman of the Traffic Committee, regarding the TOPICS meeting he had attended at the Massachusetts DPW Transportation Planning Center on March 14. The report is as follows item I on the agenda was a review of the Type II roads as recom- mended in the areawide TOPICS plan. Only Type II (or higher) classifications are eligible for federal assistance under TOPICS and other improvement programs. I pointed out that the TOPICS plan desig- nated Burlington Street, North Street and Kendall Road between Worthen and Marrett Roads as Type II highways, and that the first two are narrow, winding streets unlikely to be widened because of local TOPICS opposition, whi le much of the portion of Kendall Road designated is not a public way, but an unpaved unaccepted street. The Committee was of the opinion that Type II designation did not imply widening or other improvements of Burlington and North Streets, except at junctions with Grove and Adams Streets, and left them in Type II classification. The Committee voted to exclude Kendall Road and Waltham Street from Type II network, at least until such time as the Town accepts Kendall Road as a public way and requests Type II designation. At Mr. Grove's (Mass. DPW) recommendation and to con- form to Type II network in adjacent towns, the Committee voted to drop Watertown Street south of Rte 2 as Federal Aid Secondary high- way, to designate Maguire Road as Type 11 road, to move Type II designation from Westminister Avenue to Lowell Street at Arlington line, also to remove the erroneous designation of Marrett Street at Lincoln line and of Westminister Avenue as Federal Aid Secondary highways. 1 2 S8 Item 2 on the agenda was the Areawide TOPICS plan On behalf of the Town I recommended approval of the plan, subject to the conditions recommended by the Traffic Committee. The Technical Advisory Com- mittee then voted to approve the proposed Areawide TOPICS plan for Lexington (Area 64). Chairman Kenney Mr. Zaleski recommends approval of the Area- wide TOPICS Plan and suggests the following comments be included in the letter to the Technical Advisory Committee of the Boston Metro- politan Area Transportation Study I. The Comprehensive Circulation Study should represent a thorough study of existing and anticipated conditions, so that its results could be used in refining and modifying the design of specific intersections. 2. In our opinion too much emphasis is being placed in the TOPICS Plan on traffic signals, flashing beacons and stop signs. While these regulatory or warning devices are appropriate or neces- sary in some instances, they are frequently less effective than channelization and intersec+ion design which lead the motorist auto- matically into following the proper traffic pattern. We hope that this comment will be borne in mind in the next phase of TOPICS when designing specific improvements. 3. Based on accident records and traffic volumes the follow- ing locations should be given priority within the Project Grouping One Rte. 4-225 north of Rte. 128, Rte. 2A at Waltham Street and Rte. 4-225 at Massachusetts Avenue (south). The latter intersec- tion should be coordinated with the intersections of Rte. 4-225 and with Rte. 2A. 4. The familiarity of Lexington officials with the locat condi- tions should be of particular value and should be utilized in the next phase of the TOPICS, i .e. in the design for the specific locations. The Board agreed to recommend approval of the Plan, subject to the comments and conditions outlined by the Traffic Committee. A letter is to be forwarded to the Technical Advisory Committee to that effect. Chairman Kenney read a request from the New England Telephone Company and the Boston Edison Company for "Leave to Withdraw" the Dewey Rd. petition to relocate one pole on Dewey Road; hearing was held on Pole March 13, 1972. Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company and the Boston Edison Company for "Leave to Withdraw" the petition to relocate onepole on Dewey Road, northwesterly from Gould Road. 289 Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer for surveys and plans to be made Moore by Joseph W. Moore,Co., Inc., Bedford, for the 1972 sewer laterals, Survey with the exception of the Battle View Area, for a sum not to exceed 1972 Sewers $4,500; subject to the approval of the Town Manager. Chairman Kenney requested the Board to come back with recom- mendations for the annual appointments to be made before March 31 . Mr. Bailey agreed to set up a meeting with the State Department of Public Works to discuss the possibility of a traffic signal at Bedford and the intersection of Bedford and Eldred Streets. A representative Eldred of the area is to accompany Mr. Bailey to the meeting. Streets The Board agreed to advertise for bids on the sale of Lot 37 Rockville Avenue, as approved by the 1970 Annual Town Meeting - Arti- cle 100. The Board discussed Town Meeting Articles and agreed to a favor- Articles able position on $3,000 appropriation for P.T.S.A.; sewers and drains; Chapter 90; unanimously support the Cary Library Article. Mr. Busa declared that if an agreement is not reached on the Pinard land negotiations, he will move for indefinite postponement; Pinard we have yet to sit down with the Pinards. Land Upon motion duly made and seconded, it was voted to adjourn at 7 35 p.m. A true record, Attest \-!)°'4' )21 Executive Clerk, Selectmen 290 SPECIAL SELECTMEN'S MEETING March 22, 1972 A special meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Wednesday evening, March 22, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse and Brown, and Mrs. Riff in; Mr. O'Connell, Town Manager; Mr. McSw9eney, Town Engineer and Acting Superintendent of Public Works; Mrs. McCurdy, Executive Clerk, were present. Board The Board agreed to meet on Tuesday, April 18, because of the Meeting holiday being celebrated on Monday. Chairman Kenney discussed the two Articles in the Warrant, Articles 79 and 98, on the change in the by-laws relating to the Battle Green. He appealed- to the Board to adopt a unanimous -positron as he personally felt if either of the two Articles passed Town Meet- ing there would be a referendum. This is an opportunity to put aside any philosophical and political differences that are dividing the Board, and this is the occasion to exemplify a strong sense of leader- ship and take some action at Town Meeting for indefinite postponement. When our Article comes up to vote, to table it and when the Citizens' Article comes up, to speak along these lines. This is a clear cut Battle occasion to demonstrate to the Town that the issues of last year are Green all over. Give it some thought and inform me on next Monday of By-Law your feelings. Articles Mr. Bailey An interesting point is the genesis of all this was at Town Meeting last year. Mr. Kenney It is now regarded as an aftermath of Memorial Day. Mr. Bailey Can you, in conscience, walk away from a debate on this? Chairman Kenney The Town has survived with the present by-law and we can continue to do so. We really don't need these changes. Mr. Bailey These Articles ought to be discussed simultaneously. The Board agreed to discuss the Articles at next Monday's meeting. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters Executive which, if made public, might adversely affect the public security, the Session financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 7 55 p.m. A true record, Attest Q' Executive Clerk, Selectrn 291 SELECTMEN'S MEETING March 27, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, March 27, 1972, at 7 00 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, Mrs. Riffin, Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, five ,jurors were drawn as follows Melvin M. Kornbliet 23 Locke Lane Fredric B. Fletcher 74 Burlington Street Jurors James G. Burns I Coach Road John E. Kinney 518 Lowell Street Clinton P. Weldon II Preston Road Hearing was declared open on the application of Lexington Enter- prises, Inc. for a transfer of the Common Victualler License to sell all alcoholic beverages now presently issued to Anthony and Rose Bevilaqua for Anthony's Restaurant at 27 Waltham Street. Chairman Kenney said that the legal hearing has been advertised in the March 16, 1972 issue of the Lexington Minute-man. Certifica- tion has been received that the abutters have been duly notified of the hearing by registered mail. Attorney Norman May and Mr. and Mrs. Anthony Bevilaqua were present. Atty. May Mr. and Mrs. Bevilaqua operate Anthony's Restaurant Lexington on Waltham Street; they have been in this area about 17 years and Enter- have a good reputation. The motive of the seller is not very often prises, a part of the items to be considered but I might mention the only Inc. reason for the sale relates to matters of health. This was put on the market about six months ago and buyers are not readily found. A substantial and serious buyer is here this evening. I suppose it is of great interest to you how substantial the buyers are in rela- tion to episodes in East Lexington relating to another restaurant. The purchase price is $250,000 and most of the money is by a bank mortgage from a local bank and the buyers are supplying $75,000 of the purchase price from their own funds; 'they plan to spend $25,000 to $50,000 in remodeling. We are dealing with responsible people with experience. 1 hope you wilt favorably consider this applica- tion. Atty. May Introduced Mr. D. Nicholson, who said he was present as the representative of the bank. We are financing this trans- action by a $170,000 loan taking a bank mortgage of real estate and I 292 personal property. In addition, it will be necessary to pledge this stock to run the business as part of the transaction. As I under- stand it when the stock is pledged, you need permission of the authorities. In going over the business and credit reference of these people, we find it to be good and we are prepared to grant it provided we have the pledge of the stock. In addition, the loan is a minimum risk because Lexington needs a restaurant. We reserve the right if anything goes amiss to go in with permission of the Board to operate it ourselves, providing it is granted. Attorney C. Michael Sheridan said he was Clerk of the Corporation which is requesting the transfer. One point Mr. Nicholson didn't mention, in addition to a pledge of the stock I believe the bank is also interested in obtaining assignment of the liquor license. We would include permission. We are Lexington Enterprises, Inc. and I would like to introduce Mrs. Marguerite Brasco, Manager, formerly with Joyce Chen and the Commonwealth Fenway in a management capacity; Chester C.K. Chi , a Lexington resident, who is with Temple Gardens, New York, and should this arrangement be consummated, he will be there full time; Ronald Chi , Robert Molvar; Chi Ching Yee, currently one of the owners of the Shanghai Restaurant at 21 Hudson Street; Pao Chen Wong, who is in a restaurant in Boston. They are the principals in the Corporation who plan to operate the Peking Restau- rant. We would be perfectly happy with the hours of operation that presently exist pertaining to Anthony's. Chairman Kenney What do you mean by assignment of license? Atty. Sheridan In essence, it presents them from selling, to anyone else. That is additional security for the bank. Mr. Nicholson Just a pledge of the stock. that in effect carries with it the assignment of the license. Chairman Kenney The hearing was to transfer it to Lexington Enterprises, Inc. Mr. Legro was asked if this presented complica- tions? Mr. Legro I would suggest you take it under advisement. No one appeared in favor or in opposition. A letter from George H. Matheson, Jr., President of Manhattan Builders, Inc. and an abutter, was read by Chairman Kenney in favor of the transfer. A letter from Police Chief Corr states that investigation re- veals that all of the named individuals of the Corporation are of good standing in their communities and are without criminal records. Mr. Bailey asked about the current hours. Atty. Sheridan II 00 a.m. to 8 30 p.m.; the license is for II 00 a.m. to II 00 p.m. Chairman Kenney You are applying for the current hours? Atty. Sheridan Yes. Chairman Kenney 1 further understand the place of the bar will not be relocted? Atty. Sheridan It will not be relocated. Chairman Kenney declared the hearing closed, The Board will take the matter under advisement. 111 293 Mr. Legro requested the Board to sign the order of "taking of the Ballou land on Concord Avenue, with an award of damages to Margaret Ballou in the sum of $36,068, in accordance with the option granted for Mrs. Ballou. There is a requirement of the statute that the Con- servation Commission request the taking in writing; I mentioned it Ballou three weeks ago and it hasn't been done. Land Chairman Kenney The Chairman of the Conservation Commission shall be informed to get it to you in the morning. Upon motion duly' made and seconded, it was voted to sign the order of taking of the land on Concord Avenue owned by Margaret Ballon, with an award of damages in the amount of $36,068. Mr. Legro requested the Board to sign the order of taking of the Titelbaum land on Concord Avenue, with an award of damages to LeRoy M. Titelbaum in the sum of $63,000, in accordance with the option held by the Town. Despite my efforts to the contrary, the plan has not been received from the Conservation Commission and 1 Titelbaum would ask the Board to sign the order with the reservation that 1 Taking have not reviewed the plan. Upon motion duly made and seconded, it was vo4ed to sign the order of taking of the land on Concord Avenue owned by LeRoy M. Titelbaum, with an award of damages in the amount of $63,000, sub- ject to review of the plan by Town Counsel . Mr. O'Connell discussed the application from the Lions Club for a permit to conduct the July 4 carnival . The Lions Club agreed to most of the considerations and we asked to have drawn up some more detailed requirements. The carnival is to be limited to three days rather than four; Saturday, July I , from 12 00 N. to lI 00 p.m.; Monday, July 3, 6 00 p.m. to 12 00 M; Tuesday, July 4, 10.00 a.m. to 12 00 M. It will be closed on Sunday. The carnival operator would not be allowed to bring the equipment on the site Carnival before 9.00 a.m. on the day before and it will be cleared out by July 4 July 5. The fireworks on the evening of July 3 w©u i'dInot be later than 9.30 p.m. and on Jvl',4 not later than 10 00 p.m. A layout of all rides, etc. would be furnished for review by the Department of Public Works and the Police; also, entrances and accesses, water supplies and electric power; these arrangements would also have to be satisfactory to the Board of Health. Sponsors would be required for collection of garbage and rubbish and they would have to submit their plans to the Board of Health. A night watchman 'would be fur- nished at no cost to the Town and he would be there through the night of July 4; he would control access to public toilets which was a problem last year. No tent camping, and quiet is required after midnight. No illegal gambling in or near the carnival is permitted. The price for all rides and games would be filed with and approved by the Lions Club in advance, and the length of time of all rides. There will be some arrangements for handling protests and complaints that would be received. I recommend and urge the right to revoke the permit if the safety of the public should be endangered. 294 Chairman Kenney Generally speaking, do I understand you re111 - viewed this and the Lions Club concur? Mr. O'Connell We submitted all these reservations to them and I have a letter agreeing to them. Upon motion duly made and seconded, it was voted to approve the application of the Lions Club for a permit to conduct the carni- val on July 4 at the Center Playground for July I;, July 3 and July 4, 1972 subject to the conditions outlined by the Town Manager. Mr. William Hays met with the Board to discuss an application for permission to have the Attic group set up a refreshment booth on the former Harrington property on Patriots' Day. Mr. Hays The Attic is a youth organization in Lexington re- ferred to in the PREP Report; the young people the Attic reaches are those who do not join activities at places such as Hayden Recrea- tion Center; they are drifters and do not have things they aspire to. The Attic provides a place other than the streets of the Town, and in responsible, supervised surroundings. This year, we have adults from the community on weekend e?renings. Fundamentally, the largest change is the addition of Counselors, paid by the Attic, to be present during all hours of operation, and two of these find it possi- ble to relate to the needs and the problems of needs; ,they provide unobtrusive supervision. None of this comes free and inexpensive and we have been paying $150 a week for Theological students to come in; two churches have underwritten this ,portion of it and it comes to about $5300 or $5400 for nine months. It does not leave any addi- tional income for anything in the Fall to replace the Director, Attic Rev. Hail, who is leaving and must be replaced. We ask that we Group be permitted to operate a stand on the Harrington lot from 10:00 a.m. to 4:00 p.m. on April 17. The Board agreed to take the matter under advisement. 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 interest of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to recess at 7:54 p.m. and to continue the meeting tomorrow morning, Tuesday, March 28, at 8 30 a.m. A true record, Attest ,103 Exe utive Clerk, Selectmen 1 9j RECESSED SESSION SELECTMEN'S MEETING March 28, 1972 The Board continued the meeting of March 27, 1972 at 8 30 a.m. on Tuesday morning, March 28, 1972. Chairman Kenney, Messrs. Bailey, Buse and Brown and Mrs. Riff in; Mr. O'Connell , Town Manager, Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell submitted the list of Special Police Officers to be appointed for a term expiring on March 31 , 1973. Special Upon motion duly made and seconded, it was voted to appoint the Police f©i lowing as Special Police Officers for a term expiring on March 31 , 1973. SPECIAL POLICE OFFICERS Expiring March 31, 1973 ACHESON, Eugene A. 2634 Massachusetts Ave. Resident ADAMS, Adam A. 23 Charles Street Resident ADAMS, Bertram H. Jr. 127 Wyoming Avenue M.I .T. Lincoln Lab. ANDERSON, Carl 41 Ledge lawn Avenue Civil Defense ANDERSON, George D. 3 Corcoran Rd. Burlington Police Cadet BAILEY, Fred C. 48 Coolidge Avenue Selectmen BAKER, Raymon C. 14 Stratham Road Resident BALLOU, Sidney R. 38 Highland Avenue Resident BARNES, Raymond B. 59 Gleason Road Resident BARRETT, Elliott J. 23 Minuteman Lane Resident BARRY, George C. 36 Forest Street Resident BARRY, John M. 34 Forest Street Resident BELCASTRO, Francis 174 Wood Street Firefighter BELCASTRO, Frank P.O. Box 332 Dog Officer BENTLEY, Thomas F. 264 South Road, Bedford Custodian BERBERIAN, Mark 61 Rayenwood Rd., Waltham Police Cadet BERNIER, Arthur T. 54 Baskin Road Resident BLUTEAU, Joseph 2IA Flint St., Somerville School Dept. BROWN, Otis S., Jr. 3 Bond Road Resident BROWN, Sanborn C. 37 Maple Street Selectman BRUCCHI, John W. 2 Saran Ave., Bedford Firefighter BUSA, Alfred S. 38 Circle Road Selectman CARLSON, Norman C. 329 Marrett Road Police Cadet CASEY, William P. 1063 Mass. Ave. School Dept. CATALDO, James 43 Rindge Avenue Firefighter CATALDO, Robert 14 Aerial Street Resident COLE, Lincoln P. 16 Hill Street State Rep. 2i)() CORR, Steven A. 8 Park Street Police Cadet III CORR, James F. III 8 Park Street Resident CONNOLLY, Charles E., Jr. 67 Cedar Street Resident DeFELICEr, Dominic J. 17 Larchmont Lane Resident DELFINO, Nicholas J. 1 Forest St. Stoneham School Dept. DOOLEY, 'Henry W. 77 Baker Avenue Resident DOUGHTY, George, Jr. 75 Paul Revere Road School Dept. DRISCOLL, Robert V. 30 N. Broadway, Haverhill M. I .T. Lincoln Lab. EMERY, Alan 441 Lowell Street Firefighter ERNST, Karl 37 Eldred Street Resident EWERS, Joseph E. 12 Old Coach Rd., Weston M.I .T. Lincoln Lab. FLAHERTY, John W., Jr. 4 Spencer Street Firefighter FREEMAN, George 13 Grant Street, Concord Police Employee GALLAGHER, Edward T. 8 Spring Lane, Maynard M.I .T. Lincoln Lab. GILMAN, Edward M. 56 Bloomfield Street Firefighter GOODFELLOW, Arthur L. 12 Edge Street, Ipswich Mti .T. Lincoln Lab. GOULART, Edward G. 6 Rindge Terr., Cambridge M.I .T. Lincoln Lab. HADLEY, Herbert R. 6 Fern St. , Chelmsford M.I .T. Lincoln Lab. HRUBY, Albert W. 36 Williams Road Resident HURD, Richard G. 12 Loring Ave., Maynard M. I .T. Lincoln Lab. JACKSON, Lee B. 62 Bow Street Police Dispatcher I JEFFERSON, Charles E. 8 Alcott Road Civil Defense JONES, Cecil 36 Woburn Street Civil Defense KELLEY, Kenneth P. 49 Earle Street Town Employee KELLEY, Kenneth Jr. 54 Ward Street Firefighter KENNEY, Allan F. 10 Frost Road Selectman KENNEY, Walter T., Jr. 16 Dane Road Resident MacLEAN, Ralph D. 9 Spring Street Resident MARSHALL, Joseph 110 Woburn Street Firefighter MAZERALL, Paul 20 Wilson Road Park Supt, McCARRON, Francis 5 Hillside Terrace Firefighter McDONNELL, Edward T. 62 Elm Street, Bedford Gary Library McSWEENEY, John J. 99 Cedar St., Braintree Town Engineer MERCER, Charles R. 6 Park Street Resident MICHELSON, Richard 54 Asbury Street Resident MULLER, Eugene T. 24 Ewell Avenue Firefighter MULLER, Leonard E. 19 Fairbanks Road Firefighter NUTT, Alfred 45A Ridge Road School Dept. O'CONNELL, Walter C. 57 Emerson Gardens Town Manager O'LEARY, Joseph R. 171 Lincoln Street Police Cadet ORMISTON, Wallace W. 38 Charles Street School Dept. I 297 PEKINS, George PEZZULO, Michael 28 Chase Avenue 247 Marrett Road Firefighter School Dept. PRESCOTT, Robert 2 Forest Street Resident REDMOND, James F. 9 Utica Street Firefighter RIFFIN, Natalie 6 Field Road Selectwoman ROONEY, Joseph 0. 222 Waltham Street Resident RUSCAK, Richard 23 Copeland St. , Waltham Police Cadet RYDER, Howard D. 2 Wilson Road M. I .T.Lincoln Lab. SAMUEL, Frank T., Jr. 8 Burnbath Road Resident SAUNDERS, Robert W. 295 Marrett Road Resident SMITH, Howard A. 16 Childs Road Resident SPELLMAN, Walter 269 Mass. Ave. Fi -e Chief SPIERS, William L. , Jr. 185 Lowell Street M.I .T. Lincoln Lab. STEVENS, Edward P. 4 Chandler St., Salem School Dept. STEVENS, Raymond Treble Cove Rd.Billerica School Dept. STUCKE, Alden F. 31 Hancock Street Resident SULLIVAN, Thomas 17 Curve Street School Dept. SWAN, Duncan F. 24 Bedford Street School Dept. TOTMAN, Frank H., Jr. 46 Moreland Avenue Resident TRANI , Joseph A. II Slocum Road Resident WEISINGER, Wallace C. 193 Bedford Street Resident WENHAM, Thomas I Francis Road Asst. Supt. Public Wks. WHITING, William 341 Lowell Street Firefighter WILSON, David L. , Jr. I Burnham Road Civil Defense WRIGHT, Glenn 67 Simonds Road Resident Mr. O'Connell informed the Board that a letter has been received from Major Connery for permission for the National Guard to use the Baynes property on April 17 for a display of equipment, including three helicopters, and for a refreshment stand. , Permit Chairman Kenney Traditionally, they have very well supported April 17 us in the April 19 parade and they often support us in other parades. It is a local organization and I think it fits in quite well with the theme of the day. Upon motion duly made and seconded, it was voted to grant per- mission ewmission to the 26th Infantry Division of the National Guard for the use of the Barnes property for display of equipment and refreshment stand, on April 17, 1972, subject to the conditions set forth by the Town Manager. Mr. O'Connell discussed the proposal of the Lexington Junior Chamber of Commerce to erect bleachers for the April 17 parade. Bleachers They will be available for the morning parade and there will be no April 17 charge to the elderly at the afternoon parade and admission will be charged on a reserved basis for the other half of the bleachers. 298 Insurance will be covered and they will provide the manpower to Move the bleachers, which are used as the visiting team bleachers at the ball field. The project is endorsed by the Lexington Town Celebra- tion Committee. The J.C.' s contacted Hanscom Field and they will provide them with more bleachers. They will be erected in the area directly in front of the Post Office and the block in front of the Edison Company. This area would take 100 ft. of bleachers and Chief Corr felt if they extended not more than 12 ft. on Massachu- setts Avenue, it would not interfere with traffic. Chairman Kenney They have the right to charge admission on public property? Mr. O'Connell I believe so. By borrowing bleachers from Hanscom Field, they can use Lexington's stands for the elderly. If it works this year, they would want more bleachers. This year, they can seat about 2,000 people, 1,000 in each block. Upon motion duly made and seconded, it was voted to approve the request of the Lexington Junior Chamber of Commerce to errect stands in Lexington Center for the parade on April 17, 1972, and to conduct such activity under the restrictions set forth by the Town Manager. Mr. O'Connell discussed the request of the Lexington Minute- Men, Inc. to stage the re-enactment of the Battle of Lexington on the Battle Green on April 16 at 2 00 p.m. Battle Re- Upon motion duly made and seconded, it was voted to grant per- enactment mission to the Lexington Minute-Men, Inc. for the rer!enactment of the Battle of Lexington on the Battle Green on April 16, 1972 at 2 00 p.m., subject to the conditions set forth by the Town Manager. Mr. O'Connell informed the Board that a request has been re- ceived from the Geneological Society of the Mormon Church of the Latter Day Saints to microfilm the Town' s records from where they begin up to the year 1850. They have done about two-thirds of Micro Massachusetts and do an excellent job and are highly qualified. filmed Their equipment is set up in the Court House in Cambridge and they Records transport the records. The benefit is they give one set to the Town, at no expense to the Town. To set up to do this ourselves would cost the Town at least $1,000. Chairman Kenney Suppose something went wrong and something happened to our records? Mr. O'Connell This is the problem. 1 explained the Town's policy is not to allow the records to leave the Town's depart- ments. They were aware of this, but they have been able to con- vince other towns. They are extremely careful , but this does not rule out the possibility of an accident. Chairman Kenney Could we put them out and get them back in one day? Mr. O'Connell Maybe if we supplied the transportation. 299 Chairman Kenney This involves a decision that the Board must carefully consider. 1 think there is a risk but it would be nice to have a complete microfilmed record. Mr. Brown As an historian, the evidence is that towns lose more records by not microfilming, such as by mildew or by fire. The Board agreed that Mr. O'Connell is to talk further with the Society and come back to the Board. Mr. O'Connell informed the Board that a complaint has been re- ceived from Mrs. Nahigian, 31 Middleby Road, of excessive barking by the dog named Major owned by Jesse McDade, 39 Middleby Road. The complaint states the times as March 13, 1972 at 3 15 a.m.; March 16, 1972 at 5 00 p.m.; March 22, 1972 at II 30 a.m. The Dog Officer in- vestigated on March 22 at 11 45 a.m. and confirmed the complaint. McDade Mr. Buss At the hearing on November 15, 1971, Mr. McDade Dog agreed to cooperate and if there were any more complaints, they would remove- the dog themselves. The Board agreed to write to Mr. McDade and inform him of the complaint and remind him of his statement at the hearing that should Major again become a nuisance he would take steps -to rectify the problem; also, to include a copy of the Dog Officer' s report. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for a Certificate of Incorporation Paul A. Ross 31 Vine Brook Road Cert. ofIncorp. "Institute for Educational Services, Inc." William E. Stone, M.D. 31 Somerset Road "The Coalition for Children, Inc." Upon motion duly made and seconded, it was voted to approve the recommendation of the Superintendent of Public Works and sign the Water water abatement for Richard Townsend, 7 Mowers Road, in the amount Abatement of $3.50; wrong billing. Upon motion duly made and seconded, it was voted to approve the bond for Constable Guy D. Busa, 94 Spring Street, in the amount Bond of $3,000. Chairman Kenney read a letter from Mrs. Julie Cadle, 15 Meriam Street, regarding the problem with all day parking on Meriam Street and requesting more traffic control in the area, especially at the Meriam intersection of Meriam Street, Oakland Street and Patriot's Drive. Street The Board agreed to refer the letter to the Traffic Committee; also, to request Police Chief Corr to report on the questions of safety raised by Mrs. Cadle. 300 Chairman Kenney read a letter from Attorney Stephen Russcen requesting that the Town Engineer, Conservation Commission and other interested people be apprised of the factors relating to the present flowage right and its proposed abandonment, referred to Article 92 in Article 92 of the 1972 Annual Town Meeting. Mr. O'Connell In effect, he is asking the Town to do his work. He wants all the background on the original easement and is trying to find a way to get the Town Engineer to do his work. Mrs. Riff in Who submitted the Article? Mr. O'Connell It is a Citizens' Article and he is repre- senting the property owner. Chairman Kenney We will answer him that the Board feels if he wishes the Town Engineer and others be apprised of the factors, it is encumbent upon the petitioner to so inform the interested parties of these factors. Chairman Kenney read a letter from Dr. Robert McAulay, Golf Range 4 Lexington Avenue, regarding a proposal to construct a golf prac- Hartwell Lice range on one portion of the Hartwell Avenue Sanitary Landfill. Landfill ' Upon motion du4l•y made and seconded, it wOs voted to refer the proposal to the Town Manager for his recommendations, and to so inform Or. McAulay. April 17 Chairman Kenney read a invitation from the Town Celebrations A.M. Committee for the Board to march in the parade on April 17 at Parade 7 00 a.m. . All Board members are to march. Chairman Kenney read a letter from Mr. Frank 1. Michelman informing the Board of the dissolution of the Lexington Civil LCSR Rights Committee; he was appointed to the, Lexington Commission on Suburban Responsibility as representative of this committee but would like to complete the term for which he was appointed. The Board agreed to inform Mr. Michelman that he may com- plete his term to June 30, 1972. Upon motion duly made and seconded, it was voted to approve Minutes the minutes of Selectmen' s Meetings of March 13, open meeting, March 16 and March 20, 1972. Chairman Kenney discussed the Article for the Meriam Street parking lot addition. We have investigated stickers and from an Meriam St. administrative and practical viewpoint, we don't recommend it. Parking If metered, this is a relatively easy way to do it; we are talk- Lot ing about $20,000 gross income on three hundred 25 cent meters for a year. I think we can come up with something that is positive. We may change to short term meters. Mr. O'Connell was instructed to set up a meeting with the Chamber of Commerce to discuss the parking '.lot. 301 IIIUpon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect Executive the public security, the financial interest of the Town or the Session reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10. 15 a.m. A true record, Attest Executive Clerk, Selectmen 1 302 SELECTMEN'S MEETING April 3, 1972 1 A regular meeting of the Board of Selectmen was held in the Seiectr men's Meeting Room, Town Office Building, on Monday evening, April 3, 1972, at 7 00 p.m. Chairman Kenney, Messrs Bailey, Buse and Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Legro informed the Board that he had reviewed and approved sewer as to form the contract awarded on March 13, 1972 to Grandview Con- :ontract tracting Inc., Roslindale, for construction of sewer laterals. Upon motion duly made and seconded, it was voted to sign the contract with Grandview Contracting Inc. for the construction of sewer laterals in the amount of $104,559.50. Mr. Michelman met with the Board to discuss scattered site pro- posals. Mr. Michelman The Planning Board has tried to gather material about the tax title lots involved. Chairman Kenney Are they supporting the Article? Mr. Michelman- Unanimously. It has been worked out jointly since December with the Planning Board. We came in with sugges- tions and they picked up on it and are carrying the ball both in the way of developing it and just how the motion ought to be formed. Chairman Kenney The question was raised as to whether or not a home buyer could live in a house and sell it after two or three years for profit. Mr. Michelman That is a question that comes up repeatedly. Scattered The developer is proposing to sell for a moderate price and it site could be kept in a low moderate range. The occupant would be as- proposal sisted by 20 percent of the low housing cost and also be credited with some additional sum representing the value of maintenance; he is responsible for maintenance. That person would become the owner, and when the balance is paid off, or when the occupant with his income could take it over, he could pay monthly mortgage costs on it, with a contingency on a 30-year mortgage. Until that time, there is a legal restriction that ha-can't sell without permission of the Housing Authority and only to a person in need of financial assistance. HUD is chipping in with some of the monthly costs and the HUD handbook for Section 235 program specified that on the occupant selection there has to be a reason to believe the occupant would not give up the house for four years, but that is in investi- gation. The question is whether you could write restricted govern- ment agency in the deed; if the occupant wants to sell out, to offer first refusal to some government agency. It is perfectly clear you can't require him to keep the house. Where is the organization around to pick up the option, who is ready and willing with available credit or capital? That is as far as our thinking has gone. 303 Mr. Busa Why would you want to take this avenue? People could buy them and pay the market price. Mr. Michelman The reason for looking for tax title arose pre- cisely for an opportunity for low income people. When we look at the regulations for low income ownership, we find that Lexington land under the market price won't make it. You have to build under $21 ,000. When proposals for subsidized housing have been before the Town, they have been turned down. Throughout that period a year ago, there has been discussion for people seeking sites for low scattered housing and low ownership for assistance families. We set about with a specific view of what could be done for an ownership program. That was the goal we set because of interest. Mr. Busa There are still people willing to pay the price and still build the house without any restrictions. We also have a ruling that tax title can be bought at a price set by the Board of Selectmen. Mr. Michelman There is a vote of 1953 on such terms and condi- tions as they deemed suitable. Mr. Legro felt it should not be below the market price. Mr. Legro There is ( I) a question of what happens to the 1953 vote that authorizes the Selectmen to sell when rights of redemption are foreclosed; a By-Law says the Board can sell to certain specified ' entities; (2) whether there is any right to sell tax title or any other property of the Town for less than fair market value to other than the Housing Authority or some government agency. I have raised these questions. The answer is to pass the vote and let ten taxpayers test it, which I don't think is the answer. It is a serious question whether the Selectmen be deprived of the vote of Article 37 of the 1953 Annual Town -Meeting. Mr. Michelman These questions have been raised before. Let' s try it and see if there is a law suit. Mr. Michelman retired from the meeting. Mr. O'Connell informed the Board that a complaint has been re- ceived from Thomas- O'Shaughnessy, Jr. , 61 Ivan Street, regarding the lighting at Denny's Restaurant on Bedford Street, which is bright and garish and is not only an annoyance, but is definitely detrimental to the neighborhood and undoubtedly has decreased the market value of residences in the immediate area. Denny's Mr. O'Connell Mr. Irwin, Building Inspector, investigated this Restau- and is to discuss it further with the manager of Denny' s. If they rant come in for additional hours of operation, it will be recommended that he bring in the changes he would make. The Board agreed. Mr. O'Connell informed the Board that the Town Clerk has been ad- Extra vised by the Secretary of State regarding the ballot. We are going to Polling have to provide substantial quantities of polling booths, and this Booths expense is an obligation of the Selectmen. 1 recommend that we have a 304 booth designed that would be reasonably economical . There would be about $400 worth of plywood involved to make the twenty booths re- quired for the six precincts, and about an equal amount for labor. I do not recommend that the Department of Public Works do it because of the heavy work schedule to get ready for April 17. To do this outside would probably cost in the order of $800 for labor and material; this probably would make it necessary to go for a transfer from E b D after Town Meeting; this is an emergency. Chairman Kenney We have enough money now and you make the arrangements. I will send a covering letter to the Appropriation Committee that we may have to ask for a transfer. Upon motion duly made and seconded, it was voted to authorize the Town Manager to make arrangements to have twenty polling booths constructed by an outside contractor. Engineer- Mr. O'Connell requested the Board to approve the annual salary ing of Engineering Aide McCrory in the amount of $6,800. He explained Salary that the amount requested had been $6,500 and it should have been $6,800. Upon motion duly made and seconded, it was voted to approve the annual salary for Engineering Aide McCrory in the amount, of $6,800. Chairman Kenney read a request from the Chamber of Commerce April 17 for an appointment of a judge of the float competition for the Parade April 17 parade. Upon motion duly made and seconded, it was voted to appoint Sanborn C. Brown a judge of the float competition for the April 17 parade. Chairman Kenney read a request from the Lexington Youth Base- ball League to conduct the annual opening baseball parade on Saturday, April 29, starting at the Muzzey Junior High, with a police escort and fire engine. Little Upon motion duly made and seconded, it was voted to grant League permission to the Lexington Youth Baseball League to conduct the Parade annual opening baseball parade on Saturday, April 29, 1972, Start- ing at the Muzzey Junior High at 130 p.m. and ending at home plate at the High School ball field at 2 00 p.m. Police Chief Corr and Fire Chief Spellman are to be notified to make arrangements to participate with a police escort and a fire engine. Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen's Meeting held on Wednesday, March 22, 1972. Highway Chairman Kenney read a report from the Traffic Committee re- Safety garding the State Highway Safety Program. In part, the report Program states that so far as Lexington is concerned, the already ongoing 305 TOPICS Program, offering. 100 percent of the cost rather than the State reimbursement of 75 percent, offers a better opportunity to undertake the needed improvements. There are, however, some locations assigned under TOPICS not likely to be improved within the next several years, if at all . Of those, the junction of Hartwel'I Avenue and Magyire Road should be given consideration for traffic improvements and it is our recommendation that this intersection be proposed to the District Highway Engineer for review and recommendations in accordance with Commissioner Campbell' s letter on the Highway Safety Program. Chairman Kenney We want to set up a meeting with Commissioner Campbell regarding the access road. We will hold this and not write to Commissioner Campbell at this time. The Board agreed. Chairman Kenney informed the Board that an application has been received from David Feathers, new owner of Brewsters Restaurant, Brewster' s 913 Waltham Street, for a Common Victualler License. Com. Vict. Upon motion duly made and seconded, it was voted to sign the License new Common Victualler License for Brewster' s, 913 Waltham Street. Chairman Kenney informed the Board that Lot 37 Rockville Avenue has been advertised for bid; one bid was received from Anthony C. Busa, owner of abutting lot 38, in the amount of $3,500, with the restriction that the lot must be combined with an existing lot . Busa Lot - Mr. Busa was recorded as not participating or voting on the Rockville matter because he is a member of the family. Avenue Chairman Kenney Article 100 of the 197© Annual Town Meet- ing authorized the Selectmen to sell this lot for a minimum of $3,500. An appraisal was received for $3,000 and Mr. BBsa bid $3,500. What is the decision of the Board? Upon motion duly made and seconded, it was voted to sell and convey lot 37 Rockville Avenue to the abutter, Anthony C. Busa, owner of Lot 38 Rockville Avenue, in the amount of $3,500, subject to the condition of sale that the lot must be combined with his existing lot and not used as a separate building lot. Mr. Busa abstained. Chairman Kenney read a request from Rev. Peterson regarding a parking problem which exists on Massachusetts Avenue in front of Parking the First Baptist Church. The Children' s Center of Lexington First operates a day care program in the building and the request is for Baptiet three or four spaces tO 'be designated as a loading zone or No Church Parking from 7 00 to 9 00 a.m. - Monday through Friday, Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Upon motion duly made and seconded, it was voted to sign the Auctioneer' s Auctioneer' s License for Ralph Cataldo, 157 East Street. License I 30G Presidential Upon motion duly made and seconded, it was voted to set the hours Primary for the Presidential Primary on Tuesday, April 25, 1972, from 7 00 a.m. to 8 00 p.m. The Board discussed the annual appointments. Board of Upon motion duly made and seconded, it was voted to reappoint Appeals Donald E. Nickerson a member of the Board of Appeals for a five year term expiring March 31 , 1977. Mr. Brown voted in the negative. The Board discussed the appointment of Associate Members of -the Associate Board of Appeals. Members Mr. Brown: We ought to have a lawyer and I would suggest the Board of name of Eric Lund. I think there should be a turnover. Appeals After discussion, the three members of the Board agreed• to the reappointment of the present Associate Members. Upon motion duly made and seconded, it was voted to reappoint the following Associate Members of the Board of Appeals for terms expiring March 31 , 1973; Mrs. Ruth Morey, Logan Clarke, Jr., George W. Emery, Woodruff M. Brodhead, Irving H. Mabee, Haskell W. Reed. Mrs. Riff in and Mr. Brown voted in the negative. Town Upon motion duly made and seconded, it was voted to reappoint Celebra- the following members of the Town Celebrations Committee for three tion Com- year terms expiring April 30, 1975 Mrs. Eleanor B. Litchfield mittee Mrs. Thelma Reed, Mrs. James F. Fenske. Upon motion duly made and seconded, it was voted to reappoint Fence the following Fence Viewers for the Town of Lexington for terms Viewers expiring March 31 , 1973; Rev. Harold T. Handley, Louis A. Zehner. Registrar Upon motion duly made and seconded, it was voted to reappoint of Voters Reed Kingston Taylor a Registrar of Voters for a three year term expiring March 31 , 1975. Gaammell Upon motion duly made and seconded, it was voted to reappoint Legacy James E. Collins a Trustee of the Gammell Legacy Income for a one Income year term expiring March 31, 1973. Standing Upon motion duly made and seconded,, it was voted to reappoint Plumbing & the following members of the Standing Plumbing and Building By-Law Bldg. By-Law Committee for three year terms expiring April 30, 1975; Carl Henry Committee Erickson and Richard W. Souza. Upon motion duly made and seconded, it was voted to reappoint Executive Eleanor M. McCurdy as Executive Clerk of the Board of Selectmen Clerk for a term expiring March 31, 1973. L • 307 Upon motion duly made and seconded, it was voted to reappoint Richard M. Perry as Comptroller for the Town of Lexington for a three Comptroller year term expiring March 31, 1975. Upon motion duly made and seconded, it was votedi,oreappoint Trustee of Gaynor K. Rutherford a Trustee of Public Trust for a six year term Public expiring March 31, 1978. Trust Upon motion duly made and seconded, it was voted to reappoint Bridge John F. Cogan, Jr a member of the Bridge Charitable Fund Committee Charitable for a three year term expiring March 31, 1975. Fund The Board agreed to hold until the next meeting the appoint- ment to the Historic District Commission and the appointments to the Drug Advisory Committee. Chairman Kenney read a letter from the Architect of the Supreme Council of the Scottish Rite Freemasonry requesting approval of the Scottish proposed relocation of the entrance on Marrett Road; a print of a Rites' site plan for the proposed: museum complex was enclosed with the Plan letter. Upon motion duly made and seconded, it was voted to refer the matter to the Traffic Committee for a recommendation. The Board took a position on the Battle Green By-Law, Article 79 (submitted by the Board of Selectmen) and Article 98 (Citizens' Battle Article). Green Mr. Kenney, Mr. Bailey and Mr. Busa were in favor of Article 79; By-Law Mrs. Riff in and Mr. Brown were not in favor of the Article. Articles Mr. Kenney, Mr. Bailey and Mr. Busa were hot in favor of Article 98; Mrs. Rift in and Mr. Brown were in favor of the Article. The Board agreed on indefinite postponement of Article 55 - Porter Porter Land. Article 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 the Session public security, the financial interests of the Town or the reputa- tion of a person. After discussion of an appointment to be made and a personnel matter, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 7 59 p.m. A true record, Attest // Executive Clerk, Selectmen 308 SELECTMEN'S MEETING April 5, 1972 A special meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Wednesday evening, April 5, 1972 at 7 00 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present Chairman Kenney read a request from St. Nicholas Greek Ortho- cox Church for permission to close off the portion of Meriam Street surrounding the church on Friday evening, April 7, 1972, Permit from 9.00 p.m. to 9-45 p.m.; also to have the necessary assistance of the police department The request is because part of the ser- vices include a procession. Upon motion duly made and seconded, it was voted to grant permission to St. Nicholas Greek Orthodox Church, 17 Meriam Street, to close off the portion of Meriam Street surrounding the church on Friday evening, April 7, 1972 from 9 00 p.m. to 9:45 p.m. Chief Corr is to be requested to make the necessary arrangements. Chairman Kenney read an invitation to the Selectmen to parti- Concord cipate in the Concord Patriots' Day parade on Wednesday, April 19, Parade 1972 at 9 00 a.m. Mr. Busa and Mr. Brown will make every effort to attend. Chairman Kenney informed the Board that Town Moderator Cole is unable to be at Town Meeting on April 10; Mr. Cole is going to recommend that Town Meeting not be held on that night but on the following Wednesday. The Board agreed to recommend that Town Meeting be held on April 10 and April 12. Chairman Kenney read a memorandum from the Town Engineer re- garding Article 92 - proposed abandonment of flowage rights on Parcel I of a plan showing lands at Butterfield' s Pond for a flood retarding basin. Mr. MCSweeney states that he has reviewed the Butterfield department's records and inspected the area concerned; he believes Pond the Town is no longer in need of the drainage and flowage rights Easement for Parcel I. He enclosed a copy of an order of taking dated February 13, 1939 which had determined the damages sustained in the amount of $60 for this one parcel . Chairman Kenney We should take a position on this Article. Unless something comes out in the presentation of the Article, 1 will say that according to the recommendation of the Town Engineer, the Board has no objection. The Board agreed. I 309 ' The Board discussed the appointments to the Drug Advisory Com- mittee. Upon motion duly made and seconded, it was Voted to reappoint Drug the following members of the Drug Advisory Committee for a term Advisory expiring March 31, 1973 Mrs. Natalie H. Riff in, Chairman; Dr. Committee Charles E. Ellicott; Dr Jack H. Monderer; Mr. Irving H. Mabee; Mr. Sumner E. Perlman. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect Executive the public security, the financial interests of the Town or the Session reputation of a person. After discussion of matters of financial interest and an ap- pointment, it was voted to go out of Executive Session and resume the open meeting. The Board discussed the Selectmen's appointment to the Histo- ric District Commission. Historic Upon motion duly made and seconded, it was voted to reappoint District Mr. Wilbur M. Jaquith a member of the Historic District Commission Appointment for a term expiring January I , 1977. Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record, Attest xecutive Clerk, Selectmen 310 SELECTMEN'S MEETING April 10, 1972 ' A regular meeting of the Board of Selectmen was held in the Selectmen' s Meeting Room, Town Office Building, on Monday evening, April 10, 1972, at 7 00 p.m. Chairman Kenney, Messrs. Busa abd Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr. McSweeney, Director of Public Works Department; Mrs. McCurdy, Executive. Clerk, were present. Mr. Herbert Eisenberg, Architect for the Lexington Mews Building project, met with the Board. He introduced the owners, Mr. and Mrs. Samoylenco. Mrs. Samoylenco This started over a year ago when I looked for a store for an antique shop; I am an interior designer. I started delving into town studies and realized there was a tremen- dous potential for a specialty goods store. One thing led to another and I thought of a mew that would be called the Lexington Mew, with all stores facing into a court yard with brick paving and with lighting. There is a reason for an art cinema and a restaurant. I liked the idea of utilizing space and all stores Lexington will intermingle. I will run the antique store and ladies can go Mews to the restaurant and to the theatre for a lecture on the regency period to make people aware of interior design and furniture. I think there is a need. That is my concept on how to run an antique shop. Mr. Eisenberg Basically, it was started by another architect. They have been through the Historic Districts and will go to the Board of Appeals on April 18 for a specific permit for the restau- rant, and then for the theatre. Mr. Arthur-Smith, Mr. Eisenberg' s associate, showed ,plans indicating 319 seats for the theatre with access to the outside in two or three locations. A Muzzey Street plan showed the existing parking lot through to Muzzey Street. One of the reasons we are here is that we will be asking the Selectmen to take down the wire fence. It will be brick paving throughout, as well as a paved gallery for exhibitions. There is a letter of intent from a major food store, an A- I trading center which is on Newbury Street selling organic foods; a folding board-wood products company; a book shop; a gourmet food store set up like a contemporary country store. Mr. Eisenberg On lighting, our present pians will repeat the lighting in the Center, which will be along the gallery and the parking lot. The second floor balcony is exposed to the interior court; the restaurant will be on the parking Jot side. Chairman Kenney How many could be seated in the restaurant? Mr. Eisenberg We plan for 125; there could be more. 1 311 Mrs. Samoylenco There are crafts shops. I envisioned space for leather goods, weavers and potters to sell their wares. People could come and see these craftsmen at work. These would be in the atelier. Mr. Eisenberg The roof plan shows specific location on the site. There are skylights for the studios. We look for support for the hearing on April 18 with the Board of Appeals. Chairman Kenney The fence would be a minor detail . Do you intend to apply for a liquor license? Mrs. Samoylenco Yes. Mr. Eisenberg According to Town Meeting, restaurants now come under the Board of Appeals. Mr. Buse You would not provide extra parking? It would tax the facilities there now. I am not against people spending for more revenue for Lexington, but you know it is taxed over and above what we now have. I wonder if there is a possible way to get parking underground. Mr. Eisenberg There is no possible way to provide underground parking. I do not feel an entrance on Muzzey Street would be satis- factbry to Historic Districts, and it would mean losing some spaces on dead access to it. The big influx would be in the evening and will not tax the area during the day. That is a value judgment and you can agree or disagree. 1 don't think theshops open during the day would put an undue tax on it during the day. Mr. Buse I know what will happen in the future when we will be looking for more money for more facilities. Mr. Eisenberg: There is no parking under the zoning-by- law. Chairman Kenney Regarding any recommendation to the Board of Appeals, this Board does not customarily make a recommendation. That doesn't mean we wouldn't support your project. Mr. Eisenberg 1 do recall the Board supported the building in the center that was before the Board of Appeals. Chairman Kenney We don't recommend on each and every project. Mr. and Mrs. Samoylenco and Mr. Eisenberg retired from the meeting. The Board agreed that it was not necessary to take a position on the matter to go before the Board of Appeals on April 18. Mr. Legro informed the Board that he had received in duplicate a letter from Lexington Enterprises, Inc., addressed to the Board of Selectmen, requesting permission to pledge stock in said Lexing- ton Enterprises, Inc. to the Lexington Federal Savings and loan Lexington Association of 1840 Massachusetts Avenue, Lexington, Massachusetts. Enterprises, This pledge is to secure a note of the said corporation to the Inc. bank. This note will , additionally, be secured by a mortgage on the real and personal property known as Anthony's Restaurant and located at 27 Waltham Street, Lexington; signed by Marguerite Brasco, Chester C.K. Chi , C. Michael Sheridan, Pao Chen Wong, Ronald S. Chi , Robert G. Molvar, Margery B. Goldman, Chee Ching Yih. 312 Mr. Legro I think this was the only question that remained open on the application to transfer the Common Victualler Liquor License from Mr. Bevilaqua to Lexington Enterprises, Inc. Upon motion duly made and seconded, it was voted to approve the transferral of the Common Victualler Liquor License from Mr. Bevilaqua of Anthony's Restaurant, 27 Waltham Street, to Lexington Enterprises, Inc., subject to the approval of the Alcoholic Bever- ages Control Commission. The Board grants permission to Lexington Enterprises, Inc. to pledge stock in said Lexington Enterprises, Inc. to the Lexington Federal Savings and Loan Association, as outlined above. Mr. Legro informed the Board that the application from Patriot Ford, Inc., 389 Massachusetts Avenue, to change the name Patriot from Lexington Auto Sales, Inc., shows the location as 389-397-409 Ford, Inc. Massachusetts Avenue, whereas the license issued by the Board' for 1972 shows only 409 Massachusetts Avenue; the description of the premises is also different. This would be treated as a new license upon surrender of the old license. Otherwise, the license qualifies. The Board agreed to hold the license until the changes are made. Mr. O'Connell informed the Board that two requests have been April 16 17 received from vendors who have been given permits for April 17 to permits also sell on Sunday, April 16 It is my recommendation to grant them between the hours of 1 00 p.m. and 4 00 p.m. The Board had no objection. Mr. O'Connell informed the Board that the Lexington Jaycee's Parade have abandoned plans for bleachers for the parade; the bleachers Bleachers which were to come from Hanscom Field are too large, and the Town does not have enough bleachers to make it worthwhile. Mr. O'Connell requested the Board to vote to authorize Mr. DPW Coscia to sign the DPW payroll and other DPW matters as Mr. McSweeney will be away for three days. Upon motion duly made and seconded, it was voted to authorize Emanuele Coscia to sign the DPW payroll and other matters during Mr. McSweeney's absence. Chairman Kenney read a letter from Mr. James H. Myers, Laconia St. 87 Laconia Street, regarding a petition for Town sewer service Sewer and storm drainage service along that portion of Laconia Street Request d from the end of the reconstructed part to the corner of Rumford Storm Drain Road. The letter states that over and above the sewage problem is the necessity to install storm drains. Mr. O'Connell said that a later communication has been re- ceived from Mrs. LoCicero of 92 Laconia Street regarding the situation. X313. Mr. McSweeney The people on Laconia Street did not return the petition this year; they did return it in 1970 but it was left out for budget purposes. I personally feel that unless Mr. Heustis (Health Department) shows that this situation is far and above more serious than places such as the Temple, we should consider their letter as a petition and we start all over again next year. They did not return other petitions. Chairman Kenney Obviously, they are not in one of the streets we had selected. What about storm drains? Mr. McSweeney I would have to report on it. Chairman Kenney When you give me a drainage report, we will see how we treat the situation. The Board agreed to await the report from Mr. McSweeney on storm drains. Chairman Kenney read a request from Busa Bros. Liquors, Inc., 131 Massachusetts Avenue, for approval of transfer of stock. Upon motion duly made and seconded, it was Voted to approve the request of Daniel P. Busa and Catherine P. Busa, owners of 45 shares of common stock and 5 shares of common stock, respectively, toctrans- fer such Shares of stock from themselves to the corporation, Busa Busa Bros. Oros. Liquors, Inc., 131 Massachusetts Avenue, Lexington, Massachu- Inc. setts, to be held by said corporation as treasury stock; and to Transfer approve the request for permission to Busa Bros. Liquors, Inc. to of Stock purchase the stock of Daniel P. Busa and Catherine P. Busa. Select- ' men Alfred S. Busa abstained. The Board agreed to submit the request to the Alcoholic Bever- ages Control Commission for approval. The Board discussed a report from Mr. McSweeney regarding Article 92 of the 1972 Annual Town Meeting-Citizens! Article to see if the Town will authorize the Selectmen to abandon and release such portions of flowage rights, taken by the Town, as they affect Parcel I as shown on a plan entitled "Plan Showing Lands at Butterfield' s Popd for a Article 92 Flood Retarding Basin" dated August 23, 1938, which rights are no longer required by the Town, and will set the minimum amount to be paid for such abandonment, or act in any other manner in relation thereto. Chairman Kenney Mr McSweeney's report states that he had re- viewed the department's records and had inspected the area. The information and inspection leads me to believe that the Town is no longer in need of the drainage and flowage rights for Parcel No I . He has submitted a copy of the plan and order of taking dated February 13, 1939 which had determined the damages sustained in the amount of S60 for this one parcel . After discussion, the Board agreed to a minimum amount of $250. Upon motion duly made and seconded, it was voted that the mini- mum amount of recovery under Article 92 would be $250. 314 Upon motion duly made and seconded, it was 'voted to approve the request of the Superintendent of Public Works for the following water abatements; James Babcock 304 Emerson Road $ 30.00 Wrong Billing Abatements Paul Lingard 245 East Street 212. 10 Wrong Billtng Abatement of Sewer House Connection Thomas Preziosi 12 Lockwood Road 31.31 incorrect quanti-• ties billed Chairman Kenney read a request from Mrs. Arline A. Burns, 37 Traffic Cliffe Avenue, for Stop sign and Slow-Children sign in the area of Fottler & Fottler and Cliffe Avenues. Cliffe Aves. Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Chairman Kenney read a request from the U.S.S. Lexington Minute- man Club of Rocky Hill , Connecticut, to use the Battle Green for the Permit annual memorial services on Sunday, May 7, 1972 at 2 00 p.m. Upon motion duly made and seconded, it was voted to grant the re- quest of the U.S.S. Lexington Minuteman Club to use the Battle Green on Sunday, May 7, 1972, at 2 00 p.m. Chairman Kenney read a letter from R.W. Beck and Associates, Wellesley, offering consulting services to municipal authorities to 'C.A.T.V. enable them to institute CATV francise procedures. The Board agreed to write and inform them that no applications for Cable Television are being considered at this time. Upon motion duly made and seconded, it was voted to grant permis- sion to the Painters' Guild of the Lexington Arts and Crafts Society Permit to conduct their Meet-the-Artist Day on the Buckman Tavern Grounds on Sunday, May 14, 1972 from 12 00 N. to 6 00 p.m. (rain date of May 21). Permission was also granted for the annual outdoor art exhibition on Sunday, October 1, 1972 from 12 00 N to 6 00 p.m. Special Upon motion duly made and seconded, it was voted to approve the Policemen request of the Chief of Police to appoint the following as Special Policemen William A. Buse, Philip Gilman, Alan G. Adams. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meetings held on March 27 and 28, 1972. Chairman Kenney read an invitation from Governor Sargent to attend a conference on Housing and Environment on April 18, 1972 at Framingham State College. No member of the Board was able to attend. 1 315 Chairman Kenney requested the Board to set the hours for liquor stores, motels, clubs and, restaurants on Patriots' Day, April 17, 1972 Upon motion duly made and seconded, it was voted that Package Liquor Goods Stores are to remain closed on April 17, 1972. April 17 Mr. Buse abstained. Upon motion duly made and seconded, it, was voted that motels, clubs and restaurants may serve during the usual hours. Mr. O'Connell reported to the Board that he had talked with Mrs. McGavern and as far as she knew the Vietnam Veterans Against the War are not planning to participate in the Patriots' Day parade. She didn't know whether they were planning to come to Lexington at all , but if they did they would only come as spectators. He had talked VVAW with the VVAW office and the same thing was indicated. Chairman Kenney informed the Board that he and Mr. O'Connell had discussed the permission granted to the National Guard to use April 17 the Barnes property on April I/ and we thought it might be best not National to have as much equipment on display The Manager and I will go Guard over it with them. Upon motion duly made and seconded, it was voted to adjourn at 7 55 p.m. A true record, Attest C)J1' )h xecutive Clerk, Selectmen I 316 SELECTMEN'S MEETING April 18, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Tuesday evening, April 18, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr O'Connell , Town Manager; Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. Mr. Zehner, Town Treasurer, met with the Board. Mr. Zehner I request approval of the Board to borrow $1,500,000 Treasurer in anticipation of taxes. We have debt service on the Junior High that 1 had anticipated would be offset by a subsidy from the State but it develops that this will not be available until July I. 1 solicited bid's from nine banks. Upon motion duly made and seconded, it was voted to award the contract to borrow $1,500,000 in anticipation of tax revenue on a loan dated April 21 , 1972 and due on November 3, 1972 as follows: Lexington Trust Company $800,000 2.70% Harvard Trust Company 350,000 2.75% New England Merchants National Bank 350,000 2.75% Mr. Legro requested the Board to sign the contract with Joseph W. Moore, Inc. Moore Upon motion duly made and seconded, it was voted to sign the Contract contract with Joseph W. Moore, Inc. for surveying services for prelim-'r inary plans for sewer construction. Mr. O'Connell informed the Board that the Building Inspector re- ceived and granted an application for the remaining 4-building complex, Building section 3 of Emerson Gardens. The significant thing is that the Permits application is under an approval granted by the Board of Appeals in 1962, which approval has no required completion date. Mr. Irwin is concerned that because of the time delay, conditions may have changed in the area. There may be questions by new residents but he has no basis for this. He discussed it with the Board of Appeals and per- haps in the future they will follow a revised procedure which places a time limit on applications. Mr. O'Connell informed the Board that he had talked with the Geneological Society of the Mormon Church of the Latter Day Saints Microfilm regarding the request to microfilm the Town's records up to 1850. Records They are willing and eager to do it if the Town would deliver the records, in the custody of a Town official; it might take two days. I recommended that the records that had been previously microfilmed not be taken but it was pointed out that this project was done on a 1 profit-oriented basis and they would still like permission to take out all records, including some that had already been microfilmed. If it takes two days, the records would come back at night and go out the next morning. These would all be pre-1850 and the early Town Meeting records would not be more than a dozen bound volumes. The 'Town Clerk would designate the person responsible to the Town. Upon motion duly made and seconded, it was voted to approve the request of the Genealogical Society of the Mormon Church of the Latter Day Saints to microfilm the records of the Town of Lexington up to 1850,, subject to the terms and conditions outlined by the Town Manager. The Board discussed Traffic Committee reports. Chairman Kenney read a report regarding the intersection of Worthen Road and Massachusetts Avenue which states that this inter- section is designed to permit right turns from Worthen Road into Massachusetts-Avenue easterly and from Massachusetts Avenue into Worthen Road northerly via separate right turn lanes when the traffic signal is red for straight through and left turn. However, some drivers, particularly those unfamiliar with the intersection, do not realize this and delay the traffic by stopping in the approach to the right turn lane. The Traffic Committee requests approval of Traffic signs indicating that right turns are permitted on red; such signs Turns are for information only and require no amendment of traffic rules Worthen Road or approval of the Massachusetts Department of Public Works. We Mass. Avenue further recommend an amendment to the Traffic Rules and Orders by adding no parking on Worthen Road from Stratham Road to Lincoln; from Lincoln Street to Stratham Road; from Worthen Road to Parker Street. Worthen Road between Stratham Road and Lincoln Street is divided by a channelizing island and parking on both sides must be prohibited in order to permit a free traffic flow. Traffic travel- ing toward the center on Massachusetts Avenue should not be impeded or obstructed by parked vehicles between Worthen Road and Parker Street for the same reason. Unrestricted parking here presents an acute problem during special events such as April 19, July 4, etc. and is sufficiently serious on a daily basis to warrant this change. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Committee for signs that right turns are permitted on a red light. Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of Lexington adopted by the Board of Selectmen November 13, 1967 are hereby amended as follows By adding to Article V, Section 2, Schedule 01 the following: Location Side From Z Tvoe Parking Worthen Road Westerly Stratham Road Lincoln Street No Parking Worthen Road Easterly Lincoln Street Stratham Road No Parking Mass. Avenue Southerly Worthen Road Parker Street No Parking 318 Chairman Kenney read a recommendation from the Traffic Committee 111 to amend the Traffic Rules and Orders for stop and turn signs now in existence but are not listed as part of the Traffic Rules and orders. Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of Lexington adopted by the Board of Select- men November 13, 1967, are hereby amended as follows By adding to Article VIII , Section 22, Schedule #7 the following Street From Reautation Blake Road Southeastbound at Burlington Street Stop Camelia Place Southbound at Bedford Street Stop Coolidge Avenue Southbound at Adams Street Stop Edison Way Westbound at Depot Square Stop Forest Street Northbound at Mass. Avenue Stop Hancock Street Eastbound at Bedford Street Stop Harrington Road Eastbound at Bedford Street Stop Harrington Road Westbound at Bedford Street Stop Lincoln Street Eastbound at Worthen Road Stop Mass. Avenue Northwestbound at Worthen Road Yield Stop Parker Street Northbound at Mass. Avenue Stop Signs Raymond Street Westbound at Clarke Street Stop Stratham Road Southbound at Worthen Road Stop Worthen Road Northbound at Bedford Street Stop Worthen Road Northeastbound at Mass. Avenue Stop Worthen Road Westbound at Waltham Street Stop Mass. Avenue Northeastbound at Worthen Road Yield Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of Lexington adopted' by the Board of Select- men November 13, 1967 are hereby amended as follows By adding to Article VIII , Section 24, Schedule #8 the following Location From Required Turn Mass. Avenue Harvard Trust Driveway Right Turn Only Traffic Waltham Street Worthen Road 120' East Left Lane must Turn Left Left and Waltham Street Worthen Road 120' West Left Lane must Turn Left Right Worthen Road Mass. Avenue 120' North Left Lane must Turn Left Turns Worthen Road Mass. Avenue 140' South Left Lane must Turn Left Mass. Avenue Worthen Road 60' East Left Lane must Turn Left Waltham Chairman Kenney read a report from the Traffic Committee recom- Muzzey Park- mending the establishment of a service ( loading) zone in the unmetered ing Lot portion of the Waltham-Muzzey Street municipal parking lot to the Service Zone rear of Michelson's shoe store, Commercial vehicles making deliveries to the Theatre Pharmacy, Michelson' s and to the Lexington Savings Bank III r 319 have no designated loading zone and at times block parked cars or inter- fere with the traffic in the parking lot. It appears to be desirable to designate a service zone in a location which is not metered and would not interfere with the use of the parking. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Committee to establish a service ( loading) zone in the unmetered portion of the Waltham-Muzzey Street municipal parking lot to the rear of Michelson's shoe store. The Board agreed to inform the businessmen of the designated service zone and advise them that a service zone is not reserved for a particular business and its use is limited to 30 minutes at the time for commercial vehicles making deliveries to or pickups from any of the businesses in, the vicinity. Chairman Kenney read a report from the Traffic Committee stating that the request from Mr. George N. Matheson, Jr., President of the Manhattan Builders, Inc., for a 10 ft. opening in the parking lot Sherwin fence at the delivery entrance to the Sherwin Williams Store has been Williams' reviewed and the Traffic Committee has no objection; it 'recommends Delivery that the Board, give favorable consideration to this request. Area Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee for a 10 ft. opening in the parking lot fence at the delivery entrance to the Sherwin Williams Store. Chairman Kenney read a report from the Traffic Committee stating that an investigation has been made of the proposed relocation of the main entrance to the Scottish Rite facility off Marrett Road and the Committee concurs that the relocation will improve the sight 'distance. It is suggested that the Supreme Council and the architect be alerted Scottish to the fact that Marrett Road is a state highway and, as such, subject Rites to a parking prohibition which may be enforced at any time. The capa- city of the I38-space parking area for the 420-seat auditorium, library, museum and offices should be reviewed in the light of no street park- ing being available. The Supreme Council will be required to obtain a permit for a driveway entrance onto a state highway and to conform to state specifications for such' entrances. Upon motion duly made and seconded, it waS voted to concur with the recommendation of the Traffic Committee regarding the relocation of the main entrance to the Scottish Rite facilities off Marrett Road and to send a copy of the Traffic Committee report to the Architect representing them. Chairman Kenney read a report from the Traffic Committee regarding the request of Mrs. RahIIly, 25 Theresa Avenue, for further traffic Traffic regulations at the intersection of Theresa Avenue and Fottler Avenue. Theresa & The report states that it is recognized that some motorists drive Fottler their cars through this intersection at excessive speed without exer- Avenues cising due care. The location and the design of the intersection lead 1 320 us to believe that the motorists failing to drive carefully are mostly residents of the neighborhood or are otherwise familiar with the intersection as a result of frequest use. Under the circumstances, putting up a sign at this intersection would not improve the situation. The answer, at least for the time being, appears to be stricter en- forcement, and the Chief of Police has agreed to emphasize police coverage of this intersection. It is believed that despite the low volume of traffic involved, a redesign of the intersection, improving sight distances and the channelization of traffic, may be desirable in the future. It should be preceded by a traffic engineering sur- vey. This is, however, a lower priority item than many other locations with heavy traffic volumes and a high accident rate. Upon motion duly made and seconded, it was voted to inform Mrs. Rahilly of the recommendation of the Traffic Committee. Youth The Board discussed the Youth Commission and it was agreed to Commission make the appointments at the next meeting. Chairman Kenney read a report from Mr. McSweeney stating that a review has been made of the revised proposed conduit for Hartwell Avenue to be installed by the New England Telephone Company and all corrections to the plan were made to our satisfaction. Therefore, we recommend that the grant be issued. The permit will be issued with the conditions set forth in the memorandum to the Board of Se- lectmen dated January 7, 1972. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone and Telegraph Company for the following location of conduit, according to the plan and condi- Conduit tions set forth by the Town Engineer. Hartwell Ave. and Hartwell Avenue From manhole 54/121 , junction of Maguire Road Wood St westerly, approximately 3710' feet of under- ground conduit, also 4 manholes, 54/300, 54/301 , 54/302, 54/303, also rebuilding of manhole 54/ 121 . Wood Street Westerly, from Hartwell Avenue, approximately 635' feet of underground conduit, also one ( 1) manhold 54/304. Chairman Kenney read a request from Mr. McSweeney recommending that the Board vote an intent to take easements in order to sewer East St. the properties on East Street. Then, we will obtain the necessary Sewer appraisals and descriptions for the final consideration of this Easements matter. Upon motion duly made and seconded, it was voted an intent, to take sewer easements off East Street and Ridge Road, and off East Street and Brown Road, as described in the plans submitted by Mr. McSweeney dated March 24, 1972. 1 321 Chairman Kenney informed the Board that no approval had been given regarding a hearing held on October 25, 1970 on the petition of the Boston Edison Company for permission to construct 15 ft. of underground conduit on Marrett Road (Bedford Airport Road) at Massachusetts Avenue. Mr. McSweeney recommends that it be granted. A state permit will also be required by the Boston Edison Company. Conduit Upon motion duly made and seconded, it was voted to grant permis- Marrett Sion to the Boston Edison Company for the following location of con- Road duit Bedford Airport Marrett Road (Bedford Airport Road) at Massachusetts Avenue, Road a distance of about 15 feet - conduit. Chairman Kenney read a notice from the MBTA of registration for MBTA Senior Citizen Half-Fare Passes to be held at the Bedford Town Hall Senior on May 4, 1972 from 130 p.m. to 4 00 p.m. Citizens Chairman Kenney read a complaint from Mrs. Patricia Wolf, 38 Peacock Farm Road, regarding parking in Bowman Park. Parking Mr. O'Connell informed the Board that he had contacted the Bowman Police Department and they have already taken care of the matter. Park The Board agreed to inform Mrs. Wolf that the complaint of resi- dents using Bowman Park as a parking lot and also, Mr. Mahoney' s Landscape Service trucks being parked there, has been investigated ' and the Police Department will check the area to ensure that the regulations are strictly enforced. Chairman Kenney read a request from Dr. Leader, 17 Fairfield Drive, for street lights on Brookwood Road and Fairfield Drive, and the two new streets off Saddle Club Road. Mr. McSweeney informed the Board that he will have a cost esti- Street mate on the installation of street lights ready within the week. Light Mr. O'Connell said that if Boston Edison follows the desired Request schedule, we will be virtually out of money. Chairman Kenney said that we have an obligation for street lights; next year we may have to allocate more money for them. The Board agreed to refer Dr. Leader's request for street lights to the Director of Public Works for a recommendation on priority. Mr. McSweeney is to submit a cost estimate on the installation of the list of street lights to be installed within the year. Chairman Kenney read a letter from the Republican Town Committee requesting support of Patriots' Day celebration on April 19 of each Patriots' year hereafter. Day on The Board unanimously agreed to support the bill filed by Repre- April 19 sentative Cole that Patriots' Day be celebrated throughout the State on April 19; and to so inform the Republican Town Committee and Representative Cole. 322 The Board discussed the sale of Lot 37 Rockville Avenue to Mr. Anthony C. Busa, as voted by the Board on April 3, 1972. Chairman Kenney said that we voted to sell this lot to the only bidder, in the amount of $3,500, and it is brought back to the Busa Lot Board because of betterments. 37 Rockville Mr. McSweeney said that the lot is not bettered and hasn't been Avenue filed but it will be;, regardless of what you sell this lot for, the person who buys it will tiave to pay a sewer betterment. Chairman Kenney It was not mentioned in the Town Meeting vote. Mr. Legro The sewer is not there now but afterwards if it is installed the person pays. I think it is desirable to inform the buyer that if he does connect the sewer, there will be a charge in lieu of betterments. The Board agreed to inform Mr. Anthony C. Busa that in the event he wishes to connect to the Town sewer system, there will be a charge in lieu of betterments. Upon motion duly made and seconded, it was voted to grant the Permit request of the Lexington Field and Garden Club for the annual plant sale on the Buckman Tavern grounds on Tuesday, May 23, 1972, from 10 00 a.m. to 12 00 N., subject to the rules and regulations of the Director of Public Works. Chairman Kenney read a request, from the National Organization Noise to Insure a Sound-controlled Environment, Inc. to join the organize- Organi- tion. zation The Board agreed there was no advantage in joining this organization. Furthermore, the dues are $750 per year, with alter- nate membership of $100. Replace Upon motion duly made and seconded, it was voted to grant per- Gas Main mission to the Mystic Valley Gas Company to replace the existing Charles 2-inch high pressure welded steel gas main in Charles Street with Street annew welded steel gas main. Upon motion duly made and seconded, it was voted to grant per- Simonds Rd. mission to the Mystic Valley Gas Company to replace the existing 6-inch medium pressure welded steel gas main in Simonds Road with a new welded steel main. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings held on April 3 and April 5, 1972. Chairman Kenney read a request from Miss Robyn German, Coordin- ator, Lexington-Winchester Walk for Development, for a Hunger Walk Hunger through Lexington on Sunday, May 7, 1972. Walk The Board agreed to accept the recommendation of the Town Manager that more information is needed before permission could be granted. 323 Upon motion duly made and seconded, it was voted to sign the abate- ment for the Welfare Office quarters at 12 Clarke Street for a period of Welfare three months. The rent is $ 160 a month and the amount of $480 bad been Rent committed to the Tax Collector. The Welfare Office has moved to Woburn Abatement as of April 1, 1972. Upon motion duly made and seconded, it was voted to sign the abatement in the. amount of $480 for the Welfare Department. Chairman Kenney informed the Board that a request has been re- ceived from David Feathers, new owner of Brewster' s ... Waltham Street, Brewster' s for the hours of operation of 7 00 a.m. to II 00 p.m. They are now Hours open until 10.00 p.m. Chief Corr has no objection to this request. Upon motion duly made and seconded, it was voted to grant the hours of operation from 7 00 a.m. to II 00 p.m. for Brewster' s .. . Waltham Street. Chairman Kenney informed the Board that the application to change the name from Lexington Auto Sales, Inc. to Patriot Ford, Inc. has been filled out in accordance with the recommendations of Town Counsel . Patriot The license is now ready to be signed. The 1972 First Class License Ford, for Lexington Auto Sales, Inc. has been turned into this office. Inc. Upon motion duly made and seconded, it was voted to sign the new First Class license for Patriot Ford, Inc , formerly Lexington Auto Sales, Inc. 111 Chairman laenney informed the Board that House Bill 1.524 would transfer the authority from the Selectmen to the Department of Public HI524 Utilities on all permits for public utilities. Public The Board agreed that a letter is to be sent to Representative Utilities Cole stating that the Board is unanimously opposed to H1524. Chairman Kenney informed the Board that House Bill 1598 calls for the installation of binding arbitration for contract disputes involving firemen. We have had a very strong stand on the matter of H1598 binding arbitration and we wouldn't like the State to take this away Firemen from us. The Board agreed that a letter is to be sent to Representative Cole stating that the Board is unanimously opposed to H1598. Chairman Kenney requested the Board tb review the information given on land acquisition procedure and responsibility, and it will be discussed at the next meeting. The Board agreed. Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on Session I 32 4 matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion 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 9 40 p.m. A true record, Attest Executive Clerk, Selectmen 1 3 SELECTMEN'S MEETING Apri 124, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday evening, April 24, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse and Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works; Mr. Coscia, Manager-DPW; Mrs. McCurdy, Execu- tive Clerk, were present. Hearing was declared open upon petition of the New England Tele- phone Company and the Boston Edison Company for the location of one pole and one anchor guy on Concord Avenue. Notices of the hearing were railed to the petitioners and the owners of the property as listed on the petitioners' plan, and also filed with the Department of Public Works. Mr. Pratt, representing the Boston Edison Company, said that this petition is for a pole location to provide service for a new house on Concord Avenue. Chairman Kenney read a report from Mr. Coscia stating that his department had reviewed the plan and found the location of the pole Pole and anchor guy to be satisfactory. Location Mr. William Hamilton, owner of the property at 558 and 560 Concord Concord Avenue, was present and asked how far in the guy would go. Avenue Mr. Pratt said it would be from 8 ft. to 10 ft. Mr. Hamilton said that the driveway is 6 ft. from the pole. Mr. Pratt agreed to talk with Mr. Hamilton and take care of any problem which might arise. Mr. Hamilton was recorded in favor of the petition. No one appearing in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company and the Boston Edison Company for the following location Concord Avenue Approximately 150 feet northwesterly, from Benjamin Road, one ( 1) pole and one ( I) anchor guy on the southwesterly side. MrS.LDoI1-s B. Stone, 6 Shirley Street, met with the Board to pre- sent to the Town a framed insurance policy which covered the Town Insurance Hall in 1872. Policy Mrs. Stone I would like to present you with this policy, which 1872 was written when Edward Worthen had an insurance business. When it was sold to Robert Merriam in 1943, this policy was included. Mr. Merriam gave it to me when he retired, and I think it appropriate now to have it in the Town Hall . A policy of the Royal Insurance Company ;l2(6 of Liverpool, it states "Whereas the Town of Lexington has paid the sum of $300 to the undersigned as authorized agents of the Royal Insurance Company for insuring from loss or damage by fire the property hereinafter described, not exceeding the sum specified on each article, viz; $15,000., on the brick and slated roof, Town Hall Building situated in Lexington, Massachusetts. Payable in case of loss to the Treasurer. Other insurance permitted." Signed by Foster F. Cole, covering the period from November 22, 1872 to November 22, 3877. The Board thanked Mrs. Stone and accepted the gift of the insurance policy. Chairman Kenney read a letter from Mr. and Mrs. Howard A. LeVaux 11 Old Shade Street, regarding sewer betterments of $900 and $ 1,243.71 . The letter states that they were given the option by the Department of Public Works of having the connection from the main to our property line placed anywhere we wanted it. Naturally, we chose to have the line terminate where only the shortest connection would be required from our property line to our existing plumbing. After it was laid, however, we were informed that 75 feet of pipe would be required to bring the sewer service to our property line, and that H.A. LeVaux the charge to us would be $900. We were not told that the connection Betterment charge would be determined by the length of line required; it was our impression that the charge was a fixed amount. Thus, we were not able to choose that alternative which would have provided the lowest total cost. The Town's charge of $12 per foot is considerably higher than private estimates for connection to the Town system and it would have been much cheaper for us to have had the Town lay a shorter pipe and our private contractor lay a longer one. The $900 charge is over and above the betterment of $1,243.71 and our total charge is almost twice that of our neighbors. While we understand that being located further from the main than the other homes on the street, our cost must be somewhat higher than theirs, we nevertheless feel that a charge of almost double is certainly disproportionate. We request that you review the circumstances and trust this will result in a very considerable reduction in our overall charge. Chairman Kenney read a report from the Director of Public Works stating that Mr. LeVaux' s betterment is average for properties in this neighborhood. We have no way of knowing at the time of con- struction the rates to be charged by the service contractor and if he hit ledge or unsuitable material , his rate could easily have been double that of the Town's charge. The cost of the service for that portion within the traveled way carries the built -in additional cost for protecting the contractor from any liabilities that might be incurred from working in a way open to public travel. The Board looked at a plan of the area. Mr. Buse Would the cost of another manhole have been charged in that betterment? Mr. McSweeney No. 32.E Chairman Kenney No one else in the neighborhood even approaches one-third of Mr. LeVaux' s charge. Mr. Bailey moved that the betterment charge be reduced by one- third. Mr. Buse disagreed but recommended that Mr. McSweeney come back with the cost of what it would be for a manhole in the cul-de-sac. The Board agreed to table the matter until Mr. McSweeney reports on the cost of a manhole in the cul-de-sac. Chairman Kenney read a letter from Mr. Roland Greeley regarding the display of military equipment bivouacked on the Barnes' property on April 16 and April 17. He states it seems difficult to under- stand in view of the stand taken less than a year ago when a peaceful group found their desire to bivouac in Town most inhospitably rebuffed. National After discussion, the Board agreed to inform Mr Greeley that the Guard National Guard equipment was for display purposes and not a bivouac. Equipment The tents were for housing of their equipment and the only persons April 17 who remained overnight were two men who guarded the equipment. The Board recognized this group in a very real sense as a local one. Regarding the overall question of allowing groups to camp overnight on Town property, there is no fixed policy either for or against. These requests are handled on their individual merits regarding the nature of the group, the purpose of their camping, and where they wish to stay. II/ Chairman Kenney read a request from Mrs. Francis Russo, 62 Grass- land Street, to purchase Town-owned land abutting her property. She has aging parents who are alone and would like to purchase the lot to build them a home. A report from the Planning Director was read stating that this land is one of those shown by the Planning Board as a site suitable for scattered site subsidized housing under Article 83 of the 1972 Annual Town Meeting. Russo Chairman Kenney There is a point to bring up here. This is Request evidently one of the lots it is possible to have a scattered site unit put upon, and until something develops along these lines,; what is the policy of the Board in disposing of these lots? Mr. Busa Even though it is part of scattered sites, Mrs. Russo wants to purchase it under a previous motion. It could go out for bid and it could be sold both ways. Mrs. Riff in I am wondering if perhaps that sort of thing could be discussed at the next LCSR meeting, as Mrs. Russo describes her parents living in the home and this might meet the objective. If You want an advisory opinion only; that is what It would be, advisory only. Chairman Kenney Are we going to start checking their financial condition? Mrs. Riff in The idea was to create housing for moderate or low income people. I 328 Chairman Kenney If LCSR would address themselves to this policy, we would be happy to receive it. The Board agreed that Mrs. Russo is to be informed of the vote of Town Meeting on Article 83 and the Board intends not to sell any lots which possibly could be used for scattered site subsidized housing. Mr. Bailey suggested that Mrs. Russo could write another request to the Board if she hasn't heard within a year. It was agreed to in- clude this in the letter. Copper For the information of the Board, Chairman Kenney read a letter Piping from Attorney General Quinn enclosing a check in the amount of $27.1.56 as sixth payment on the Copper Piping settlement. Chairman Kenney read a letter from the Metropolitan Area Planning Council regarding an application from the Massachusetts Port Authority Hanscom for DOT/FAA Airport Development Aid funds to finance certain land Field acquisitions on the periphery' of Hanscom Field. This is essentially the same request which was submitted by the Massachusetts Fort Authority in May, 1971; however, three parcels have been added to the acquisition program. Mr. Bailey This is jgst for runway extension protection; they have no intention of building. The Board agreed to inform MAPC that it has no objection to the proposed plan. Chairman Kenney informed the Board that an application has been received from the Bamboo Hut, Inc;, 177 Massachusetts Avenue, for an All Alcoholic Beverages Common Victualler license. The application included the following I. Certified vote of the Board of birectors of Bamboo Hut, Inc. Bamboo Hut to appoint Winchell P.C. Woo, President of the Corporation, to sign Liquor the application for the license on behalf of the organization; certi- License Pied by Daniel G. Yee, Secretary and Treasurer of the Corp. Application 2. Vote of the Board of Directors to appoint Winchell P.C. Woe, 221 Orchard Street, Watertown, to act as the Manager. 3. Schematic plan showing the location of the proposed service bar. 4. Certified check in the amount of $2,500. Mr. Legro pointed out that the description of the premises was unclear as to what premises are involved, and the application must show that Mr. Winchell P.C. Woo signed in behalf of the Bamboo Hut, Inc. Chairman Kenney The law says they must have not less than 99 seats. They now have 86 and propose an addition of 16. Do they qualify? i e)!+ 7 94111 Mr. Legro: I will look up the statute. What is the position of the Board whether they would require the work to be done or to issue the license conditionally? Mr. O'Connell 1 recall the suitability on the plan of the in- adequacy of the seats. Chairman Kenney Suppose we made a determination that we felt they do not have the proper seating capacity for 99 people, could we make this determination before the hearing? Mr. Legro You have to advertise within 10 days. If the facil- ities do not qualify, you so notify the applicant that he could not qualify and these plans do not qualify the premises. 1 will look up the statute on that. Chairman Kenney We will address ourselves to the plan and if they qualify, we can advertise. I will talk with Mr. Legro. We will ask them to resubmit the application giving the proper descrip- tion and authorization from the Bamboo Hut, Inc. for Mr. Woo to sign them. Also., we will get reports from the Fire Inspector, Building Inspector and the Board of Health. The Board agreed. Mr. Legro said that he was informed that the time for exercise of option on the Cooke property on Massachusetts Avenue and Wood- berry Road has been extended to April 30; this is the last meeting where the Board could exercise the option. Under Article 63 of 1971 Annual Town Meeting, the property has 1.62 acres and the agreed price is $6,000. I am not sure what the status of the plan is; in December Cooke Ill I received a sketch plan that is not suitable for recording. I don't Exercise see anything with respect to a plan. You can vote to exercise-,the of Option option now and I will hold it pending resolution of the plan. Upon motion duly made and seconded, it was voted to exercise the option to purchase a parcel of land owned by Francis Judd Cooke and Maymay L. Cooke on the northerly side of Massachusetts Avenue and the easterly side of Woodberry Road, subject to the matter of a plan being resolved by Town Counsel. Mr. O'Connell informed the Board that bids have been received for the installation of traffic signals. The three low bidders Award of were W.H. Hughes, Watertown, for $ 14,315; R.W. LeBaron, Inc., Traffic Waltham, for $16,357; Morse Bros. Electrical Co., Inc. for $ 16,780. Signal He recommended that the contract be awarded to the low bidder, W.H. Contract Hughes. Upon motion duly made and seconded, it was voted to award the contract for the installation of traffic signals to W. H. Hughes, Inc., 71 Rosedale Road, Watertown, in the amount of $ 14,315. Mr. O'Connell reported to the Board on the request for permis- sion for the Hunger Walk through Lexington on Sunday, May 7, 1972. Hunger Mr. O'Connell I contacted Robyn German, coordinator for Walk Lexington-Winchester and she contacted the School Department and Permit 330 received written approval for the use of Lexington High School and Franklin School parking lots, she contacted Chief Corr and received confirmation that the route is satisfactory; a recommendation was received from Mr. Trevett, Adult Advisor to the Winchester Chapter of the Youth World Development Fund; she furnished the names of Miss Jocelyn Vyce of Bond Road as the Lexington sponsor and the Lexington Adult Advisor is Mr. Lopez, a teacher at the High School. I recommend that the Board grant permission, subject to working out further arrangements with- the Board of Health for permits for sanitary facilities for that day. Upon motion duly made and seconded, it was voted to grant per- mission to Lexington-Winchester Walk for Development for a Hunger Walk through Lexington on Sunday, May 7, 1972, subject to the conditions set forth by the Town Manager, and subject to making further arrangements with the Board of Health for permits for sani- tary facilities for that day. Mr. Coscia retired from the meeting. Mr. O'Connell informed the Board that he had received informa- tion that Under Chapter 61 of the Acts of 1972 people with contracts with the Town in the amount of $2,000 shall have their names posted Contracts with the Town Clerk. This is to go into effect on June 4, 1972. $2,000 Chairman Kenney Is this to be cumulative on an annual basis? Mr. O'Connell We are not sure of that; it says during the fiscal year. We believe when the amount reaches $2,000, we have to post it. Chairman Kenney Did the School Department get a copy of that? Mr. O'Connell I don't know; we will advise them. We will probably have to maintain an alphabetical file and when the amount reaches $2,000 the name will go on the posted list in the Clerk' s off ice. Chairman Kenney read an invitation from the Trinity Covenant Church to attend the 75th Diamond Jubilee Anniversary services Invitation during the weekend of April 28-30, 1972. Chairman Kenney hoped to attend at least one of the• services and other members of the Board would make an effort to attend. Chairman Kenney discussed Mrs. Roy Cook' s request for a pen- Mrs. Sion. She wrote to the Board in March and was asked to submit Roy Cook her financial background. It appears she could well use the Request for pension. Mr. Perry was asked about the status of this type of Pension request and he reports there are five retired police officers, two widows of police officers, three fire fighters and the widow of a fire fighter receiving pensions. Also, if approved, Mrs. Cook' s annual amount could be $2,000 because $4,700 had been appropriated for Roy Cook and there would be sufficient funds to cover a pension. Mr. Bailey It would require Town Meeting action. I 331, Mr. Legro I recall two at Town Meetings, but I am not sure all circumstances are the same. The Town accepted a statute so this could be done. I would be glad to look at my file on these two. Upon motion duly made and seconded, it was voted to support, at the next Town Meeting, the request of Mrs. Roy Cook for a pension. The Board discussed appointments to the Advisory Youth Commis- Youth sion. Commission Upon motion duly made and seconded, it was voted to appoint the following to the Advisory Youth Commission for a term expiring April 1, 1973; Board of Selectmen Alfred S. Buse Lexington School Committee John J. Maguire Chairman Recreation Committee To be submitted Police Department Paul E. Furdon Captain Town Meeting Members' Assoc. To be submitted Council of Congregations To be submitted Lexington Educational Assoc. William G. Tapply EWOW at High School (3 members) Santo Marino Principal-Muzzey Jr. High Bertrand G. Bouchard Counselor at High School Wm. Diamond Jr. High School Roger Prevot Student Council Muzzey Jr. High School To be submitted Senior High School Class of 1973 Jamie Newman 19 Blueberry Lane Kathy Kenney 10 Frost Road Alternate - Lorrain Ferguson 8 Holton Road Class of 1974 Pam Winston 18 Winchester Drive Robert Murphy 26 Estabrook Road Alternate - Virginia Comstock 136 East Street Class of 1975 Joshua Cochin 7 Partridge Road Leslie Klane 29 Winchester Drive Alternate - Steve Warshawer II Tower Road Mystic Valley Mental Catherine McGraw Staff psychiatric social Health Center worker at MVMHC actively involved with youth problems. Re-Place, Inc. Peter Clarke Director of Re-Place, Inc. Hayden Recreation Center Joseph F. Burns Dir. - Recreational Facility Town Drug Committee Dr. Charles Ellicott Involved presently with youth activities and problems Girl Scouts of America Mrs. David Hamblen Advisor to Senior Youth Fellowship - Hancock Church Boy Scouts of America To be submitted 3:2 Temple Isaiah Arthur Sharenow, Atty. Advisor - Chairman Youth Organization Youth Committee Church of Our Redeemer Mrs. Paul Beaudry Head of Episcopal Young Churchmen Sacred Heart Church Stephen W. Doran 33 Locust Avenue Rotary Club Mr. Gunther Kleeburg 46 Eastern Avenue The Board discussed the land acquisition procedure and responsi- bility. Mr. O'Connell had previously presented to the Board a copy of his recommendations stating in part that the entire process can be divided into four steps: I. The information gathering and evaluation phase when possible sites are located, described and evaluated, for suitability to meet the Town's needs. 2. The negotiationsphase when the Town attempts to arrive at a mutually agreeable plan for acquisition. Mutual agreement could •range from outright gift, purchase, conveyance as part of subdivision or eminent domain to resolve price. Failing to get agreement, the Town Land Acquisi- sometimes proceeds unilaterally via eminent domain. tion Procedure 3. Town Meeting consideration and (hopefully) approval and appropriation of funds. 4. Implementation of Town Meeting action to complete the acqui- sition. The difficulties usually emerge during steps 3 and 4 but many causes are found to• lie in steps 1 and 2. My plan consists simply of organizing the work better, assigning responsibility for each step and providing Town Meeting members with more complete informa- tion much earlier to allow more time for consideration. Summary In view of the constant criticism which has been directed at land acquisition and the lack of any specific action by the committee of agencies formed late last year, I urge that the Board of Selectmen consider this matter in time to advise thrs Town Meeting of any deci- sion it reaches concerning future land acquisition procedure. The Board agreed to refer the recommendations of the Town Manager to the Land Acquisition Committee for an opinion. I 33 3 Chairman Kenney read a letter of complaint from Thomas F. O'Shaughnessy, 61 Ivan Street, regarding violation of Zoning By-Laws by Denny' s Restaurant on Bedford Street. He claims that Zoning By- Law 28.85 was worded as it is to prevent the erection of a restau- rant as a separate building, designed and lighted for the obvious purpose of drawing the bulk of their business off the street and to Denny' s all outward appearances, and possibly in reality, having little or Restaurant nothing to do with the motel . After discussion, the, Board agreed to inform Mr. O'Shaughnessy that the enforcement of the Zoning By-Law is handled by the Building Inspector, and the matter of interpretation of the Zoning By-Law insofar as the granting of permits, is under the jurisdiction of the Board of Appeals, and not the Board of Selectmen. Chairman Kenney read a request from the New England Telephone Company for approval of the location of a manhole on Massachusetts Avenue Extension at the junction of Wood Street adjacent to existing N.E T. & T. manhole 54/88A, to be built over existing conduit. Manhole The Board agreed to hold the request pending clarification of a 9 report from Mr. Coscia of the Public Works Department. P P Chairman Kenney read a request from the Massachusetts Bar Assoc ciation to proclaim May i as Law Day USA. Proclamation Upon motion duly made and seconded, it was voted to issue the Law Day USA proclamation declaring May 1 as Law Day USA. Chairman Kenney read a request from the Burlington Board of Selectmen for a joint meeting to discuss the purchase of emergency Burlington water supplied for the coming summer. Request for The Board agreed that the Town Manager is to report back on Water next Monday with the facts supplied by Burlington and, also, to check with the Metropolitan District Commission. Chairman Kenney read a request from Brandeis Peace-Action Coalition for a March and demonstration permit from Brandeis to Raytheon on Spring Street and return. They plan to arrive at Brandeis Raytheon at 100 p.m. and depart at 5 00 p.m. on Wednesday, April Peace-Action 26, 1972, to protest their involvement in the war efforf; 300 to 400 protesters will be participating in this action. After discussion, the Board agreed that regarding the request for a demonstration permit, if by that they mean peaceable picket- ing on the sidewalk, then no permit is required. Upon motion duly made and seconded, it was unanimously voted to deny the permit for walking or parading in the street. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect Executive the public security, the financial interests of the Town or the session reputation of a person. 11 After discussion of issue of financial interest to the Town, it was voted to go out of Executive Session. 334 Chairman Kenney informed the Board that a draft of a letter had Building been sent to each member regarding a letter to be sent to the School Maintenance Committee recommending that a study be conducted under the joint Organization sponsorship of the School Committee and the Board of Selectmen to develop a plan to achieve the objective of a single building main- tenance organization. The Board agreed to send the letter to the School Committee. Mrs. Riff in informed the Board that she had been approached Precinct 2 by people in Precinct 2 to move the polls from the Adams School to Adams School the Bowman School. She had talked with the Town Clerk who felt there would be much more space in the Bowman School, but it would be up to the Board of Selectmen. The Board agreed that Town Counsel is to check the moving of the polling place for Precinct 2 from Adams School to Bowman School. Mr. O'Connell said that the Board might wish to keep in mind that at the last election there was controversy relative to the interpretation of election signs. It would help in the future to Election clarify whether it is 150 feet from any entrance which might be Signs used, or the entrance to the polling place itself. Mr. Legro I think the statute refers to the entrance to the polling place. I think it can be resolved. The Board agreed that if a particular entrance is designated, then it is 150 feet from there. 111 Upon motion duly made and seconded, it was voted to adjourn at 10.00 p.m. A true record, Attest jfrj 2/644-1°-'n" 711 Executive Clerk, Selectmen l/ i 335 SELECTMEN'S MEETING May I, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday evening, May 1, 1972 at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse and Brown, and Mrs Riff in; Mr Legro, Town Counsel ; Mr. O'Connell , Town Manager, Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, four jurors were drawn, as follows Norman Doelling 6 Turning Mill Road Martin I . Small 22 Hancock Street Jurors Hugh M. Chapin 3 Juniper Place Constantine Samoylenko 16 Woodcliffe Road Mr. Legro requested the Board to sign the contract with Joseph W. Moore Co., Inc of Bedfbrd for field surveys and preparation of plans, Lexington dated October 8, 1971 , for Conservation takings at the Burlington line, Burlington under Article 10 of June 14, 1971 Special Town Meeting. He will talk Strip to Mr. McSweeney regarding the date of the contract. Moore Upon motion duly made and seconded, it was voted to sign the con- Contract tract with Joseph W. Moore, Co., Inc. for survey and preparation of plans for Conservation takings at the Burlington line. Mr. Legro requested the Board to sign the instrument regarding the release of flowage rights on Parcel I on the easterly side of Lowell Street, taken in connection with Butterfield Pond; under Article 92 of the 1972 Annual Town Meeting. Parcel 1 Upon motion duly made and seconded, it was voted to sign the in- Butterfiel4 strument for release of flowage rights on Parcel I as they affect Pond Parcel 1 at Butterfield Poad. Mr. O'Connell informed the Board that one bid had been received on air conditioning the Police Station; four companies had taken out plans Contract and specifications. He recommended that the contract be awarded to Award Cooling Systems Engineering, Inc. in the amount of $19,677. Police Upon motion duly made and seconded, it was voted to award the con- Station tract for air conditioning the Police Station to Cooling Systems Engi- Air Condi- nearing, Inc., 72 Walnut Street, East Dedham, in the amount of $19,677. tioning Mr. O'Connell informed the Board that a request had been received Chamber of from the Chamber of Commerce to increase the hours of operation from Commerce July I to Labor Day from 9 00 a.m. to 8 00 p.m ; the hours in the Summer summer have been 9 00 a.m. to 5 00 p.m. , and 10.00 a.m. to 4 00 p.m. in Hours the winter. Last summer, the Historical Society successfully operated 336 Buckman Tavern until 8 00 p.m. This change would represent the addi- tional cost of $1 ,500 which is not currently provided for in the budget. The Chamber of Commerce takes care of the cost of the atten- dants but the Town pays for custodian's services. The requirement for the custodian' s additional hours is not so much a result of additional janitorial work but because we operate on the policy of a man in the building. 1 would like the Board's opinion on the policy. Chairman Kenney Would you consider the possibility of coinciding these duties with the duties at the Library? Mr. O'Connell Yes, we would end up with some kind of composite schedule for custodians running from 14 to 16 hours a day with one of two men on nights; the second shift would be somewhat like the school schedule Chairman Kenney 1 feel that opening the Visitors' Center to 8 00 p.m. is a good idea but I am not happy with $1,500. Mr. Busa: Could we put on summer program college students? Mr. O'Connell 1 haven't had a chance to talk with Mr. McSweeney as this is a DPW bargaining item. If there are no men in DPW, we might. The Board agreed that Mr. O'Connell is to compile more informa- tion and come back to the Board. Mr. O'Connell informed the Board that an organization called Mass. Trash, Inc ,. a non-profit, private corporation chartered in Massachusetts in June, 1971 , has approached the Town with a plan to accomplish certain objectives in advancing the whole recycling process of reclaimed material . Phase I covers the development of a regional reclamation center for glass and paper, having area recta- Mass mation centers which would lie between the local collection centers Trash, Inc and industrial reprocessing points They are inquiring as to possible interest for having the place where Phase I is located. They had already picked Billerica and had an option with Realty Trust but ran into neighborhood objection and discarded the plan to use that site. Now, they are looking for strategic places that are willing and interested in having the Phase I facility located there. They were prepared to pay $220 a month in Billerica. If located at Hartwell Ave., it would serve as Lexington' s point and only people of Lexington could take it there. Chairman Kenney Would it involve a structure? Mr. O'Connell Only of a temporary nature. They would use cement block, and in Phase 1., there wouldn't be any processing equip- ment. It is their concept that everything put at this location will be of a temporary nature. I am asking for the feeling whether or not, ‘policywise, you think the Town should or should not be interested in allowing it to happen. If the technical problems could be solved, would the Town be interested? Chairman Kenney We are on record regarding recycling; we have money in the budget for that. The concern would be for another horde of trucks on Hartwell Avenue. 333 J Mr Brown: Civi } Engineering at M I .T has a section on trash dis- posal and R & D; it might be worthwhile to see if they are financially sound Chairman Kenney The feeling is, we would like to hear more. Mr Busa I would like to hear why Billerica turned it down. The Board agreed that Mr. O'Connell is to check the matter further and come back to the Board Chairman Kenney read a report from the Director of Public Works showing the formula for the bill to be sent to the Town of Burlington for the cost of emergency water supplied for the period February 18 through March I , 1972, in the amount of $2,429. 19. Total gallonage for 12 days - 7,744, 180 equalling 1,035,318 cu. ft. 10,000 cu. ft @ $0.35 per 100 cu. ft. $ 35.00 Burlington 90,000 cu. ft 6 $0.27 per 100 cu. ft. 243.00 Water 935,318 cu. ft. 0 $0.23 per 100 cu. ft. 2151 . 19 Price Total Cost $2429. 19 Mr. Bailey Would we have to ask MDC before we send out a bill? Mr. McSweeney No; MDC has approved the established rates. Upon motion duly made and seconded, it was voted to approve the formula, as submitted by Mr McSweeney, for billing the cost of the -emergency water supplied to the Town of Burlington for the period I Ill February 18 through March I , 1972, in the amount of $2,429. 19. Chairman Kenney informed the Board that the Burlington Board of Burlington Selectmen has asked for a meeting with us to discuss the possibility Board Water of purchasing emergency water supplies during the coming summer. Request The Board agreed to set up a meeting on Friday, May 5, at 830 a.m. Chairman Kenney read a letter from Eric T. Clarke, 29 Moon Hili Road, regarding the intersection of Fern and Pleasant Streets. Re- Traffic design of this area should materially ease the flow of traffic into Fern and and out of Pleasant Street and help to alleviate a situation that Pleasant has already caused several accidents. Streets After discussion, the Board instructed Mr. McSweeney to come back with a pieliminary cost estimate. The Board discussed a memo from the Planning Board regarding the extension of MBTA service to the Alewife Brook Parkway and beyond into META Arlington or Lexington to Route 128. Extension The Board agreed to set up a meeting on next Monday evening with the Planning Board, Representatives of the Boston Transportation Plan- ning Review and other interested people. Chairman Kenney read a letter from Mr. Jesse McDade, 39 Middleby McDad. Dog Road, regarding his dog, Major Complaint 338 Chairman Kenney On November 15, 1971 , we held a dog hearing and the Board agreed to take no action but to write to Mr. McDade and hope the matter could bd straightened out. We had a notice of complaint on March 22, reporting that a neighbor had complained and Dog Officer Belcastro has investigated it. I wrote to Mr. McDade telling him of the complaint of excessive barking by Major during the night and, specifically, on March 13, at 3 15 a.m.; March 16 at 5 00 p.m.; March 22 at II 30 a.m I enclosed a copy of our letter to him on November 17 and, also, the Dog Officer' s report. Now, Mr. McDade wants to know what is the definition of the word "excessive". As far as I am concerned, "excessive" is when several neighbors start com- plaining. We should inform Mr. McDade if there are any more com- plaints, we will hbld another hearing. Mr. Bailey Mr. McDade said in his letter he did not know about the barking, and clearly states, because no one was home. Mr. O'Connell A significant thing is that the complaint came from Mrs. Nahigian of 31 Middleby Road when she was ill . The law specifically mentions, and it follows your definition, that when a dog barks sufficiently to disburb nearby neighbors, that is excessive. Mr. Kenney: , I will so answer him. The Board agreed. Chairman Kenney read a letter from the Planning Board regarding the request of Kenneth P. Kelley, 49 Earl Street, to purchase Lots 20 and 21 located at the corner of Earl and Orchard Streets and shown as Lot 167 on Assessors' Map 72. Lot 167 is 49 ft. wide and 100 ft. deep and has an area of 4,900 sq. ft. Since both Earl and Orchard Streets do not physically exist in this location, Lot 167 has no legal frontage or street access. For this reason, in considering Kelley Lot 167 possible locations for scattered site housing, Lot 167 was not in- Earl Street eluded as a legal building lot. The Planning Board is opposed to the sale of Lot 167 as a separate lot or without a clearly stated restriction on building. The majority of the Board is not opposed to the sale of Lot 167 to the owner of the adjacent land on Earl Street, provided a condition is imposed at the time of sale that Lot 167 must be combined with the adjacent lot and become a part thereof. Chairman Kenney In 1963, the Board voted to sell it to Mr. ,; Kelley for $IOO but he objected to the price; he was willing to pay $50. However, over the years he changed his mind and would like to buy it for $100. Mr. Buse If he is interested in keeping it as part of his lot, we should tell him the fair market price has doubled. It is on a paper street and Mr. Kelley is the only person who could purchase it. Mr. Bailey .I, am not interested in selling it for $100. It is apparent it is of no value to the Town and if someone else has it, he is going to be paying taxes on it. After discussion, the Board agreed to sell for $200. I 33 9 • Upon motion duly made and seconded, it was voted to sell Lot 167 on Assessors' Map 72 to Kenneth P. Kelley for the sum of $200, subject to the condition that Lot 167 be combined with his existing lot and become a part thereof and not to be used as a separate building lot. Chairman Kenney request a re uest from the International Meditation Society for the use of Estabrook Hall on Thursday evening, May 18, for an informative lecture on the benefits of transcendental medita- tion. After discussion, the Board agreed to write to the applicant, Request for Mrs. Wooster, 3 Sheridan Street, and request the following informa- Estabrook tion Names and addresses of officers of the group; where previous Hall programs have been held; whether program is aimed at any particular group. Also, to point out that there are other local meeting places they might consider. Chairman Kenney read a request from Attorney Eli Taylor, in behalf of Arlex Automobile School , I9A Depot Square, for a parking Arlex Auto space for one vehicle in the area. School Upon motion duly made and seconded, it was voted to refer the Parking request to the Traffic Committee for a recommendation. Chairman Kenney read a request from the Lexington Housing Authority for information on scattered site housing Scattered The Board agreed to refer the request to Mr. O'Connell for a co- ordinated reply to the Housing Authority as similar requests had been made of the Planning Board and the Assessors. Upon motion duly made and seconded, it was voted to approve the request of the Director of Public Works to sign the abatement for sewer house connection bill to Richard Silva, 500 Lowell Street, in Abatement the amount of $58.50, incorrect distance measured and recorded at time of construction. Chairman Kenney read an invitation from the Town Celebrations Committee to attend the ceremony on the Green for the U.S.S. Lexing- ton, Sunday, May 7, 1972, at 2 00 p.m. Selectmen Bailey, Buss and Brown plan to attend. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meetings held on April 10 and 18, 1972. Chairman Kenney read a letter of appreciation from President Thomas L. Phillips of Raytheon, expressing his gratitude for the Demonstra- outstanding performance of Chief Corr when about 600 persons ap- tion peered at the Lexington headquarters on April 26 to stage a demon- Raytheon stration. Also, appreciation for the unanimous decision by the Selectmen with respect to not granting a parade permit to the demonstrators. I 1340 Chairman Kenney informed the Board that the Recreation Committee Youth nominates Daniel P Buse as its representative on the Youth Commis- Commission sign. Upon motion duly made and seconded, it was voted to appoint Daniel P. Busa a member of the Youth Commission representing the Recreation Committee, for a term expiring April I , 1973. Chairman Kenney informed the Board that the Bamboo Hut, Inc has re-applied for an all alcoholic beverages Common Victualler license. Mr. Legro pointed out that the application does not show the citizenship of the present officers It only shows that the President of the Corporation is a citizen and it is required that a majority of the Directors must be citizens of the United States, and the Manager must be a citizen, also. Chairman Kenney If we don't consider the application is in order, do we have any time limit? Mr. Legro: Not until it is in proper form; then 10 days after the application is received it must be advertised and the hearing held no less than 10 days after, that. Mr. O'Connell The Building Inspector, Fire Department and Board of Health were asked to report. The Director of Public Health reports that the last inspection was made on April 28, 1972 and it is my opinion that the existing food service areas would not be adequate to handle the increased volume of glasses and utensils that the liquor license would generate. The plan on file indicates a bar ser- Bamboo Hut vice area, but no details of what would be included with respect to Liquor Applic- drinking utensils washing and sanitizing. Detailed plans should be11/ ation submitted to allow for this additionalfunction and volume. The new rest rooms are not ready for inspection. The Building Inspector reports that the seating as proposed on the first 'floor plan will fall well within the limits of occupancy as set forth in Massachusetts Building Code STD 10. I would point out that requirements for emergency lighting, exits, and exit signs will have to be met also. These requirements will be'coordinated and in conjunction with the Fire Department requirements. All of the above requirements will also have to be applied to the so-called Party Room as proposed in the basement. Mr. O'Connell These reports indicate that more infohmation will be needed. The Fire Department has concern with repeated vio- lation with respect to the exit door from the kitchen, which is barred and locked and it is impossible to get out in case of fire. I would say we would like to have a more thorough examination to make these determinations. Mr. Busa In view of these facts, would that prove the appli- cation is defective if they don't meet the standards? Mr Legro 1 think it is possible for the Board to grant a license on the condition that the premises be made to conform to the requirements of the law. I don't think there is any require. ment that the Board grant a license in these c.ncuMstances and no I 34 1 requirement where there isn't the minimum seating capacity. In conver- sation with the Building Inspector, there are 86 seats and they propose to add 4 booths to increase the seating capacity to 102. It could be approved as shown on the plan, and approved by the Building Inspector; be sure the premises could be made to conform. I don't think it is the Board's burden that it ought to develop all this information; the applicant should produce the information. Chairman Kenney I wouldn't want to make him physically alter the premises. Mr. Legro' The Board can grant, subject to the condition that the premises be made to conform. Chairman Kenney We have a report yet to come from the Fire De- partment. Mr. Legro I would think the applicant would want some sugges- tions from the Board rather than have it advertised and have a hearing and have it denied because of deficiencies. Mr. Bailey Do they have an attorney? Chairman Kenney No, they are acting on their own. Chairman Kenney to Mr O'Connell When you get the Fire and Police reports, I will have them come in. The Board agreed. Upon motion duly made and seconded, it was voted to approve the petition of the New England Telephone Company for the following loca- tion Mass. Ave Manhole Massachusetts Avenue Extension Junction of Wood Street adjacent to existing manhole 54/88A, to be built over existing conduit, one ( I) manhole 54/88C. Chairman Kenney read an invitation from the Rotary Club to attend a meeting at the Sheraton Lexington Motor Inn on May 8 at 12 00 N. to present a citation to the Lexington Police Department honoring their Invitation program of traffic law enforcement Chairman Kenney and the Board members plan to attend. Chairman Kenney read a report from the Traffic Committee in re- ply to another letter from Mrs. Cad1e of 15 Mariam Street regarding the parking situation. The report states that conditions on Meriam Street Mrs. are better now that the snow is gone and the full width of pavement is Cadle available. The Traffic Committee is of the opinion that parking on Meriam St Mariam Street does not represent a serious problem at this time as the Parking overall shortage of parking in Lexington Center, and believes that the refusal of Town Meeting to approve paving additional off-street parking space must be taken as an indication that the Town does not consider the present level of congestion in Meriam Street as unacceptable. It is therefore, the recommendation of the Committee that parking be allowed on Meriam Street until alternate space become available, either I 342 in the Meriam Street parking .lot or elsewhere. To restrict the parking now in the absence of alternate off-street space would force the parkers to move elsewhere where the pavement may not be as wide as in this section of Meriam Street. Upon motion duly made and seconded, it was voted to accept the report of the Traffic Committee and send a copy of the report to Mrs. Cadle Chairman Kenney read a report from the Director of Public Works regarding a study made on sewer and drains for Laconia Street, In essence, the report states that both sewer and drains should be in- stalled on Laconia Street in order to eliminate the problems that exist in the area but it is recommended that the sewer be considered as a first order priority in rectifying the problems and this may best be accomplished by including Laconia Street in the 1973 prelimi- nary budget We also recommend that a major drain be installed through an easement from Laconia Street to Lowell Street, through the Countryside Bible Chapel . This would carry off storm water from Rumford Road and eliminate the situation and be capable of handling flows from Laconia Street. We estimate the cost of this work at better than $50,000 and recommend that it be included in a subsequent Sewer and year's budget It should be pointed out that since Rumford Road is Drain an accepted Street and Laconia Street is unaccepted, the Town would Laconia St. appear to be liable by reason of draining a public way onto a private way in an unacceptable manner. It should also be pointed out that installation of proper drainage on Laconia Street itself could only111 be accomplished through acceptance of the street, and reconstruction according to Town standards. The Board agreed to inform the petitioners of Laconia Street that their letters would be considered as requests and a formal petition for sewer installation, to be signed and returned by Septem- ber 15, 1972, will be sent to them. Also, to inform them that sewer installation would probably help alleviate some of the drainage problems by creating a sub-drain along the bottom of the trench, thereby lowering the water table; beyond that, a full drainage system would have to be installed. The residents would have to petition the Town to accept the street as a public way as Laconia Street is a private way; the street could then be constructed, including storm drains, and abutters would be assessed a betterment charge under the Street Betterment Act. Mr. Bailey reported on a meeting regarding Bedford and Eldred Streets which was held at the District 4 office of the State DPW, 3n Bedford Arlington. Mr. McSweeney, Mr. Zaleski and Mrs. Thomas, representing Eldred Sts. the residents of the area, and I met with the State Engineers and a Traffic very comfortable climate prevailed. However, they want us to re-submit Signals our application for a traffic signal as soon as possible. Thereis the pressure of numbers (of vehicles) building up and back-up at Route 128. It is very difficult to predict. To summarize, they are happy and willing to look at it again. 343 Chairman Kenney Regarding back-up; as you know, we requested Chief Corr for an officer from 7 00 a.m. to 9 00 a.m. and I have had conflict- ing reports. We should address ourselves to seeing whether or not a back-up occurs. Mr. Bailey The residents say the coverage by police is spotty; they are not sure at what time he comes on and goes off duty. I would ask Mr., O'Connell to check the exact schedule and how it is manned. Mr. O'Connell It would be a special duty man because of the school schedule li Mr. Bailey The residents understand it is not covered in the afternoon and are wondering what the coverage is in the morning Upon motion duly made and seconded, it was voted to request the Director of Public Works to re-submit the application to the State De- partment of Public Works to install traffic signals at Bedford and Eldred Streets. Mr McSweeney was instructed to submit a report on back-up in the area. Chairman Kenney reported on the meeting with Commissioner Campbell regarding the Hartwell Avenue connector road. Mr. McSweeney and I met with him and he said that, this time, things have changed since last year. Any construction requests of this nature must have an environmental survey made; this takes only 6 to 9 months to com- pile. The Department of Public Works would consider the Hartwell III Avenue connector only in relation to the other traffic problems, such as the Circumferential Road, Route 62 and reconstruction on Route 2 Hartwell West. Our position was that the Town had been working on this many Avenue years and the proposal is older and can stand on its own merit, and Connector we were hoping it could have priority As we developed the converse- Road tion with the State Engineers, a plan that had been shown to the federal government, aimed to get their funding, was discussed showing tentative approval from the federal authorities. They insisted upon a service road paralleling Route 128 on both sides and extending from Route 3 to Route 2. They also would prefer these service roads to go all the way to Waltham. This plan has design problems of great magni- tude At that point, we were rather discouraged. Addressing the problem again, we came to a compromise that has some merit. Rather than have a 2-way connector, to have a connector road to take the southbound traffic in, and to construct a south- bound service road on Route 128 going from Bedford Street to Marrett Road. If the Selectmen and Planning Board wish to get together a tough, preliminary plan on this, and we approved it and sent it into them, Commissioner Campbell would request an immediate environmental survey, and within two years or so we could have it. He suggested we take some of the land between Hartwell Avenue and Route 128. If they felt it was somewhat of a satisfactory arrangement, they would direct them- selves to the jug-handle and hope to correct this problem next. I 344 Mrs. Riff in As long as we have something that relieves Bedford Street Chairman Kenney If that is acceptable to the Board, something could be drawn up, given to the Planning Board, and then call them in to establish a joint position. The Board agreed. Mr. Furash and Mr. Mitchell came into the meeting to inform the Appropriation Board that Mr Furash had been elected Chairman, and Mr Mitchell as Committee Vice Chairman, of the Appropriation Committee for the ensuing year. Chairman Kenney thanked them for coming to the Board with the information. 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 the Session public security, the financial interests of the Town or the reputa- tion of a person. After discussion of matters regarding personnel and land acqui- sition, it was voted to go out of Executive Session and resume the open meeting. The Board discussed the request of Mrs. Roy Cook, widow of Fire Chief Cook, for a pension. Cook Upon motion duly made and seconded, it was voted to grant Mrs. Annuity Roy A. Cook an annuity in the amount of $2,000, with monthly pay- ments of $166.66, effective May I, 1972; under Article 10 of the111 1972 Annual Town Meeting. The Board agreed to inform Mrs. Cook of the possibility that a future Town Meeting could disapprove or modify this action but, hopefully, this would not occur. Upon motion duly made and seconded, it was voted to adjourn at 9 25 p.m. A true record, Attest 1' Q � '� Executive Clerk, Selectmen 345 SPECIAL SELECTMEN'S MEETING May 5, 1972. A special meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Friday morning, May 5, 1972, at 8 30 a.m. Chair- man Kenney, Messrs. Bailey and Brown, and Mrs. Riff in; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works; and Mrs. McCurdy, Executive Clerk, were present. Mt. Louis P. Valente and Mr. C. David Sullivan of the Burlington Board of Selectmen met with the Board. Mr. Valente The last time we were discussing water and drawing from you was during the contamination problem and I told you we were building the reservoir and filling it during the spring and using it during the summer. We are about one and one-half months behind; the Burlington reservoir will be completed in 1972 but we are not able to draw into Request for the reservoir in the spring; that means we have one more summer at Water potential capacity. We have gone ahead as far as industrial waste is concerned. The reservoir will be constructed during the summer and there will be no problem next year We must provide the supplementary services during June, July and August, and we talked to Wilmington and they agreed to sell , but we have to give them a schedule; we would like to draw from them for two or three months. They have a capacity which is sufficient to supply us the water. We could only get so many gallons a day from them and if we could get a tie-in from you, we would have a summer without that much fire danger. Chairman Kenney You mean on an emergency basis when the pres- sure is down? Mr. Valente Yes, because of the fire hazard. We will use as much as we can get. How much are you willing or can you supply to us? We have no water bans, no fire problems. Chairman Kenney We have talked with the Director of Public Works and he has had a preliminary talk with the MDC. We would need their permission for an agreement to sell you water. The last time it was done on an emergency basis and we went ahead without their permis- sion. Now we would have to put in an application and they would want an indication of how much water is involved. Mr. McSweeney to Mr. Valente You said two different things; an emergency, and all you can get. Mr. Valente I don't know if you are in a position to supply all we can get. Mr. McSweeney Would you be filling your tanks to keep the pres- sure up or when you reach a critical period request that the gate be turned on? When would you ask for this supply? I 34f) Chairman Kenney to Mr Valente Define the proposal more specifically, giving the number of gallons through these months. Mr. Valente During the summertime, we find if we have a water ban on, that regulates it during the day. If we fill the tanks from 9 00 p.m. to 5 00 a.m., we find that late in the afternoon the pres- sure goes down because of people sprinkling and using water for other things. If there is sufficient pressure coming in and suffici- ent availability of water, we would like to draw from Lexington between 3 and 6 p.m., and during the day for a re-charge. I don't know, sitting here, what kind of water problems you may have or what restrictions. Mr McSweeney The hours would be set by MDC. We would go along with whatever restrictions they impose. If we have that gate open, you would just be drawing off automatically. If it would go from 3 to 6 every day or when it comes critical , that's another opera- tion. Mr. Valente I think MDC has ample build-up. Mr. McSweeney They wouldn't commit themselves this early. It takes 7 years to get Quabbin back to 80%; this doesn't change. Their problem is more long range. The forecast is always gloomy. The statement they made two months ago was they are doing very well at 5 ft. to 7 ft. Mr. Valente The connection we have with Lexington is metered; can that be regulated by flow? Mr. McSweeney Just by the gating, one-half gating or three- quarters; either we have it on or off. Mrs. Riff in I would think we would want to sit down with MDC 111 and let them determine the engineering to make sure we are equipped to do this. It seems it would be a contract with Burlington and MDC to make it viable. I wonder how our system will react from 3 to 5 or 9 in the evening. We have problems in the summer, too, and if our system is going to carry our needs, there may be some work to be done. Chairman Kenney We don't have any problems internally. We are assuming this is short-term, not long-term. I suggest that Mr. McSweeney and Burlington's Town Engineer develop it more specifi- cally. Then, if it is the feeling of the Board to help a neighboring town, we will look at it. Mr. Sullivan We would like to rely upon you people when we can't get enough from Wilmington It won't be a day-to-day basis, but would be something we rely on but don't intend to use as an every day crutch. We don't intend to lean on you seven days a week. Chairman Kenney Will you develop and submit a written propo- sal to us for our Engineer because we have to take it to MDC. Mr. Valente We won't know the quantity and the time so much. Chairman Kenney You have to go from your experience on what you need. Give us the best estimate you can. Mr. Valente If it is hot and dry . . 1 347 Mrs Riff in I would like to see a preliminary reaction from MDC. I think if the two Engineers work it out and bring it to MDC and then back to us. Chairman Kenney When you get the MDC proposal , then bring it back to us before we vote it. Mr. Valente and Mr. Sullivan agreed. Chairman Kenney asked about the industrial waste problem. Mr. Valente Last summer, it was flowing down the brook and an order was issued by the Board of Health on no more industrial waste. They were dumping it in the stone drainage and it filtered in our water supply. We are working with them day to day. We are not saying in every case but so we won't have a recurrence of last year. Last summer, it reached its peak. Chairman Kenney This raises a point that if you converted to more industrial type use, you may be hindering Bedford Lexington Mr. Valente We demonstrated where the water flows and tested Bedford various places. If we contaminate Bedford over by Mitre, they would Burlington have substantial problems We had a pretty heavy meeting on the land Strip and everybody thought we were pretty safe. I don't want to get in- volved in it. Chairman Kenney We will leave it that you will develop a more definitive type proposal . Mr. McSweeney I would point out that MDC only meets once a modth. Chairman Kenney Do it as quickly as possible and get an in- formal MDC opinion before we vote. Send a request defining ( I ) the period (2) the best estimate of what you would need (3) the time of day (4) the volume. Mr. Valente and Mr. Sullivan agreed. Chairman Kenney requested the Board to sign the Common Victual- lers license for Lexington Enterprises, Inc , 27 Waltham Street Lexington (formerly Anthony' s Restaurant). Enterprises Upon motion duly made and seconded, it was voted to sign the Common Vic- Common Victualler License for Lexington Enterprises, Inc. , 27 Waltham tualler Street. License The request from Mrs. Bogosian of Blossom Street for a sewer con- nection for the residents was' discussed. Mr. McSweeney They applied for sewer last year; most of the residents have been there between three and six years. The problem Bogokian is, there is quite a length on Waltham Street. The nearest point, Request coming from Marrett Road, is all of Waltham Street down to the Blossom St. trunk sewer at Brookside Avenue. You would have to come all the way down Waltham Street, past Allen Street. This will be one of many petitions for a sewer. 348 Chairman Kenney Wouldn't they do better to come in for a request in the fall? You are talking a length on Waltham Street plus the length of Blossomcrest. The Board agreed to inform Mrs. Bogosian that she should petition in the fall . Upon motion duly made and seconded, it was voted to adjourn at 9 00 a.m. A true record, Attest „ p✓ 1 zAr_„„__ Executive Clerk, Selectmen 1 1 34 SELECTMEN'S MEETING May 8, 1972 A regular meeting of the Board of Selectmen was held in the Select. men's Meeting Room on Monday evening, May 8, 1972 at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. Mr Legro requested the Board to sign the contract awarded on April 24, 1972 to W.H. Hughes, Inc., Watertown, for the installation Traffic of traffic signals, in the amount of $14,315. Signals Upon motion duly made and seconded, it was voted to sign the con- tract with W.H. Hughes, Inc. for the installation of traffic signals in the amount of $14,315. Chairman Kenney informed the Board that he and Mr. McSweeney had discussed with Commissioner Campbell the number of traffic signals within the Town for which Town Meeting had authorized funds, and the possibility of qualifying under TOPICS for reimbursement of $14,000. Commissioner Campbell suggested going ahead with these and to try later on for reimbursement Mr. Legro This could also qualify under the special highway funds but they are going to be used for resurfacing. Mr. Legro informed the Board that he had prepared the instrument for the abandonment of the portions of sewer easement and temporary Easement construction easements in the Saddle Club Road section adjacent thereto Abandon- in the lands of Frederic S. Cohen, Chaires K. Chiklis, Peter F. Mercian, ment Allen I . Shiner and Carl J. Kasabian which are no longer required by the Saddle Town. This was voted by the 1972 Town Meeting under Article 86. Indi- Club Rd. vidual releases for individual owners were not prepared and it was not felt necessary. Upon motion duly made and seconded, it was voted to sign the in- strument for the abandonment of portions of sewer easement and temporary construction easements in the Saddle Club Road area, as voted under Article 86 of the 1972 Annual Town Meeting Mr. Legro said that he had written to the Board about the need for a plan of the Bevington-Stankard land. A plan is not needed to exer- cise the option but it is needed to complete the transaction within Bevington 45 days. Stankard The Board agreed to instruct Mr. McSweeney to prepare a plan Exercise immediately. of Option Upon motion duly made and seconded, it was voted to exercise the option to purchase the land of Alfred J. Bevington, Jr. and Mary E. Stankard containing ten acres, more or less, situated southerly of Marrett Road, subject to all of the terms and conditions set forth in the option. 3o0 Mr. O'Connell informed the Board that the total cost of the Presi- Presidential dential Primary on April 25 was $7,950. Ballot counting required 10 Primary to 14 hours and people were on duty from 6 00 a.m. on April 25 to Expenses 10.00 a.m on •April 26. This was well conducted because of advance planning and involved 84 people with approximately 14 per precinct, including Policemen. Broken down $850 for construction of temporary voting booths; $350 for DPW services in setting up and tearing down election set-ups; $5,000 for salaries of election workers, in combina- tion with regular and extended time basis; $100 for food; $400 for school custodians; $110 for tally sheets, $150 for miscellaneous ex- penses; $1,000 for special duty Policemen. A typical cost for this day would not have exceeded $2,000, so we have incurred about $6,000 in added costs for a paper ballot primary. This has confirmed what everybody knew, but we had no choice but to carry it out this way Chairman Kenney You may recall when you brought us the estimate of the cost of voting booths, I asked you to notify the Appropriation Committee so that we may be on record. Mr. O'Connell The salaries will appear on the Town Clerk' s election account; the voting booths and Special Policemen, on the Selectmen' s election account Chairman Kenney Give the Appropriation Committee the breakdown. Mr. O'Connell agreed. Mr. O'Connell informed the Board that bids have been received"on the purchase of road machinery, as approved by Town Meeting under Article 11124. We will hold the hydraulic driven sanders. Upon motion duly made and seconded, it was voted to award the following contracts Bids - Road Machinery One 1972 Four-Door Sedan $ 3,751.40 Awards Rowe Chevrolet Less Trade-in 727.40 33 Bedford Street, Lexington Net delivered 3,024.00 One 3/4 Ton Pick-up 4,012.95 International Harvester Less Trade-in 1 ,232.56 340 Mystic Avenue, Medford Net delivered 2,780.39 Four 1/2 Ton Pick-ups 14,837.88 (for four) International Harvester Less Trade-in 4 504.84 340 Mystic Avenue, Medford Net delivered 10,333.04 One Sprayer - Trailer mounted 11 ,500.00 Hartney Spray Corporation: Less Trade-in 1 ,200.00 Pleasant Street, Norwood Net delivered 10,300.00 One 3/4 Ton 4-Wheel Drive Dump Trk. International Harvester Co. 340 Mystic Avenue, Medford Net delivered 4,909.58 351 One Vacuum Sweeper - May I . 1972 $27,600.00 Dyar Sales & Machinery Co. Less Trade-in 2,500.00 247 Third Street, Cambridge Net delivered $25, 100.00 Mr. O'Connell informed the Board that he is in the process of appointing William Scouler to the Permanent Building Committee. I had hoped to bring it up to the full compliment of five members but Permanent have just received notice of the resignation of David Marshall due to Building the pressure of business I am also looking into the voting member- Committee ship being advanced to seven members, due to the fact that we have Appt. three significant work tasks over the years. I will have more to re- port to the Board after I have the opportunity to study the matter. Police coverage at Eldred and Bedford Streets was discussed. Mr. O'Connell I have talked to Chief Corr and he admits there have been some mornings when there has been late coverage as the man assigned has to be a special duty man because of the schools; it is not a duty that is signed up for eagerly. They are watching the area Eldred to get more consistent coverage. Chief Corr has confirmed that there Bedford are periods in the morning of a back-up of cars when Eldred Street is Streets being cleared, and if there is a signal installed, it could only be for a short time cycle for this reason. Chairman Kenney Impress upon Chief Corr to have that intersec- tion covered; it points out the validity of the proposal we discussed last week to have a southbound road on Hartwell Avenue going into the connector road. The Board agreed. Mrs. Thomas of Ivan Street was present and asked if, as a result of the hearing at Cary Hall on Eldred and Bedford Streets, hours had been set for coverage at this location. I truly understand why no- body wants that detail . I said at the hearing that we prefer to have no coverage at all rather than have an on and off thing Are there any particular hours? Mr. O'Connell It was my understanding the hours are from 7 30 to 9 00 a.m. The Board agreed that Mr. O'Connell is to talk with Chief Corr to have coverage from 7 30 to 9 00 a.m. at Eldred and Bedford Streets. Chairman Kenney requested the Board to sign the taxi and livery licenses. Upon motion duly made and seconded, it was voted to sign the following taxi and livery licenses, for a period expiring May I , 1973 Taxi & Lexington Cab Co. Inc. 81 Wobuh St. Corporation Livery Licenses Taxi 4208 #1 Taxi 2269 #4 Taxi 4209 2 Taxi 2271 5 Taxi 4210 3 Taxi 5305 6 352 Lexington Cab Co. , Inc. 81 Woburn St. Corporation. Livery L35-057 # 7 Livery PI9-706 #13 L35-058 8 " U57-950 14 " L35-059 9 " 655-91K 15 L35-060 10 " 656-01K 16 " L35-061 ti656-IlK 17 ft 573-78Y 12 " 573-83Y 18 " P67-626 19 Intelligence Upon motion duly made and seconded, it was voted to authorize the License Chairman to sign the Intelligence License (employment agency) for Starrett Associates, Inc., 2 Militia Drive. Chairman Kenney read a request from Temple Isaiah Youth Group for the use of the old dump on Lincoln Street for a garage sale on Sunday, May 21 , from 9 00 a.m. to 5 00 p.m. Chairman Kenney I have talked with the Town Manager regarding requests that come in that are quite routine and we agree that rather than have two channels of authority, we would refer them to the Mana- ger and so notify the petitioner. Mr Bailey I would be interested in having the Manager routinely Temple tell us whatever action he takes. Isaiah Youth Chairman Kenney The Manager has agreed that if he had a request Request of particular consequence he would bring it to us. Mr Busa Also, when permission is granted for the use of the Buckman Tavern grounds, to inform them to keep away from the walkways. The Youth Employment Service of the High School had it last week and they set up on the walkways and disrupted the tourists going into the Visitors' Center People were going into the Center to try on gar- ments that were for sale. Mr. O'Connell There have been a number of questions raised concerning this particular event The President of the Chamber of Com- merce came in to see me to get them straightened out. In the future, we will make it clear that permission is granted only for the things that are requested; their plans have gone beyond this. The Board agreed that routine type requests will be handled by the Town Manager. Upon motion duly made and seconded, it was voted to refer the request of the Temple Isaiah Youth Group to the Town Manager. At 8 00 p.m , Mrs. Arda Bogosian, 20 Blossom Street, and residents of Blossom Street met with the Board. Mrs. Bogosian We have requested this appointment to discuss the sewer problem on Blossom Street. We represent the majority of the resi- Blossom St. dents and will try to impress upon you the need for a seiner. Many Sewer residents are forced to make multiple use of bathroom facilities before Request flushing and cannot use their washing machines; laundry has to be sent out or done by hand. We can only have a limited number of guests be- cause of limited capacity. Pumping is useless and results in an over- flow in a short time. We hope you will give us top priority as these conditions are deplorable and merit prompt attention. 4 a c T Of) Peter Ronchetti , 4 Blossom Street The conditions are all she says. Take a tour of our neighborhood and see that social life is out. Every time we flush the toilet it overflows. I have five children and limit them to showers. I made an effort to alleviate the situation by putting in a new cesspool to pick up the kitchen and laundry. People here put toilet paper in a plastic bag and burn it. The priorities in the Town are wrong and everyone has to fight for a sewer; we are going to spend millions of dollars and the Library could be put off, also, Conserva- tion land. The Town should be completely severed. I might have to put an outhouse in the rear of the garage. Chairman Kenney We are aware of certain sewerage problems in the Town. We are operating in the vicinity of $600,000 a year which is almost as much as we engineer and construct in one year. Mr. Bogosian Are there any other streets in Lexington like ourt? Chairman Kenney Unfortunately, there may be. How long have you had this? Mr Bogosian We have been there for six years. Chairman Kenney Have you had this problem for six years? Mrs. Bogosian No; we have no children. Mrs. Harry McDonald, 25 Blossom Street, and Mrs. Maloney, 18 Blossom Street, explained conditions around their grounds and asked that they be alleviated. Chairman Kenney pointed out that this is the first time they have applied and there are other people in Town with similar problems that have previously applied. Mr. Patteeson, 21 Blossom Street, asked what steps should be taken? Chairman Kenney Send us a letter in the fall when we are consid- ing the areas for 1973 If you have a documented version of your prob- lem, I am sure we will be impressed. Mr. Richard Corazzini said that when the petition was sent out last year; we failed to sign it because of the high cost of sewer as- sessment. We have a greenhouse and it would amount to $8,000 or $10,000 for our share unless we can get some sort of deferment. I have learned that we can for agricultural uses. Chairman Kenney At the appropriate time, you could apply for a deferment. Mr. Busa I was in the Blossom Street area and I concur with these people, but I also informed the residents that there are other areas in Lexington which have been requesting sewers on demand, and the earliest time we could give them would be in July or Augutt or next year They will have to live with it or make alleviations. Chairman Kenney asked Mr. McSweeney about the installation of a sewer Mr. McSweeney: One can run parallel to Route 2; there is one going up to the Temple and one going on Concord Avenue; a gravity sewer all the way. The residents agreed to make a request in September, and all re- tired from the meeting. 354 Chairman Kenney read a request from the Massachusetts Knights of Pythias to conduct Kiddie Kamp Tag Day throughout the Town on Saturday, Permit May 21 , from 9.00 a.m. to 5 00 p.m. Upon motion duly made and seconded, it was voted that the Board has no objection to Tag Day being conducted throughout the Town but the Knights of Pythias are to inform Chief Corr of the names and ad- dresses of the adult supervisors responsible for the solicitors. Upon motion duly made and seconded, it was voted to certify the Cert, of characters of the following who have applied for Certificate of Incor- Incorp. poration Ruth R. Budd 117 Kendall Road "Day Care Consultation Services, Inc." Isabel Besecker 8 Eastern Avenue Gordon D. MacKay ISO Grove Street Thomas G. Taylor 64 Marrett Road "School Volunteers for Boston, Inc." Chairman Kenney read a letter from the Muzzey Junior High School Advisory nominating Heather Dayton as a member of the Advisory Youth Commission Youth Comm. Upon motion duly made and seconded, it was voted to appoint Appt Heather Dayton a member of the Advisory Youth Commission representing Muzzey Junior High School . Mrs. Riff in reported that no action had been taken in response to her request for a nominee from the Boy Scouts for an appointment to the Youth Commission. She nominated William C. Hays as a repre- sentative of Attic. Mr. Busa Mr. Hays was on the original list submitted and was bypassed. We have been waiting to hear from the Council of Congre- gations. If approved, we now have Re-Place and the Attic. I have no objection but I think we should have a greater cross-section on the Commission. Chairman Kenney We have given them time to reply and time has about run out. Upon motion duly made and seconded, it was voted to appoint William C. Hays a member of the Advisory Youth Commission as a repre- sentative of the Attic. Chairman Kenney read an invitation from the Town Celebrations Committee to attend Memorial Day ceremonies on May 29, 1972. Memorial Chairman Kenney will attend and read the Governor' s Proclamation; Day Board members plan to participate Chairman Kenney read a request from Thomas W. Keefe, Auctioneer Public from Dracut, to conduct a public auction on May 20 (rain date May 27) Auction at the home of Mrs. George Howe, 68 Colony Road, from 10.00 a.m to 400 p.m. C � Upon motion duly Made and seconded, it was voted to approve the re- quest of Thomas W. Keefe to conduct a public auction at the home of Mrs. George Howe, 68 Colony Road, on May 20 (rain date of May 27) with specific hours of 10.00 a.m to 4 00 p.m. Chairman Kenney read a report from the Traffic Committee regard- ing a request from Mrs. Arline A. Burns, 37 Cliffe Avenue for a Stop sign and Slow-Children sign in the area. The report states that investigation indicates that traffic vol- Traffic umes on Cliffe Ave. and Fottler Avenue do not meet the State warrants Traffic Cliffe for a Stop sign. The problems of the poor sight distance and the Cliffe Avenue - change of Fottler Avenue into an unimproved street are recognized by Avenue the Committee and it is recommended that a warning barrier be erected to the standards of the Massachusetts DPW in a location where it would be visible' to the motorists approaching Cliffe Road junction on Fottler Avenue. The Committee does not recommend Slow-Children signs because such signs are ineffective and only lead to a false sense of security for the parents and the children, and because practically all streets in Lexington are used by children walking to school or to a school bus stop and should be treated equally, unless special condi- tions dictate otherwise Upon motion duly made and seconded, it was voted to accept the recommendations of the Traffic Committee and to so inform Mrs. Burns. The Director of Public Works is to be instructed to install the warn- ' ing barrier. Chairman Kenney read a report from the Traffic Committee regarding the request of the First Baptist Church, 1580 Massachusetts Avenue, for the reservation of three to four parking spaces for cars delivering children to the day care center at the church. The report states that Traffic the child care center is not a part of the religious activities but First rather a legally separate non-profit entity which charges for the day Baptist care provided and to which the church leases space. Up to 20 children Church between 2 and 6 years of age attend the center. Rev Peterson did not Request feel that the reservation of one car space would solve their problem. There is no off-street parking on the propetty of the Church for use of the day care center and other employees. Under the circumstances and bearing in mind the critical shortage of all-day parking space in the center generally, the Traffic Committee recommends that the re- quest of the First Baptist Church be denied. If granted, it would set a dangerous precedent for other enterprises of non-profit or commercial nature requesting assigned on-street parking space Mr. O'Connell As a suggestion, they have an aide there under the Emergency Employment Act and perhaps she could function out there un- loading the children. Chairman Kenney There is a crosswalk there and people could come into our circle and let the children off if there were someone there to take them across Massachusetts Avenue. 5Ea The Board agreed to deny the request. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee to deny the request of the First Baptist Church for three or four parking spaces on Massachu- setts Avenue The Lexington Planning Board, Lexington Planning Director, Alexander Zaleski , Arlington Planning Director Leo Young, Cambridge Planning Director Robert Bowyer, Peter Hopkinson and Miss Sima Osdo0y of the Boston Transportation Planning Review, Representative Cole and Mr. Dunham of Arlington met with the Board. Chairman Kenney The purpose of this joint meeting is to research the possibility of the extension of the MBTA to Arlington at Alewife Brook Parkway or extending it through Lexington to Route 128. We have invited several interested people with expertise. I would ask Mrs. Brown to introduce them. Mrs. Brown, Chairman of the Lexington Planning Board, introduced the above mentioned persons and said that this meeting results from a meeting I attended in Arlington. You have been alerted to it by a memo from me and Arlington has expressed interest in where the extension would be planned. It is an effort in fact finding on the part of Lexington and the points of view from people to advise us; to explore all angles so that any position the Lexington Board comes to would be based on information. I would like to ask Mr. Young to explain Arlington's MBTA interest and why; /to ask Mr. Bowyer to give some ideaof what techni- Extension cally to consider on the rapid transit terminus; to ask Mr. Hopkinson what the BTPR's thinking is. Then, to question and explore any angles that seem fuzzy, and the pros and cons for Lexington - special prob- lems and advantanges - and would like to know the thinking of the community of having it between here and Harvard Square. Mr. Young I just came from a meeting in Arlington between the Selectmen, the Redevelopment Board, four State Representatives and a representative elected by the Selectmen regarding a position paper of Arlington and Belmont. We hope Lexington will join in requesting the BTPR study on the technical problems of extending rail rapid transit beyond Alewife. We have been working in Arlington on problems and are concerned that the META and BTPR continue to talk about Alewife. We think it bad from Arlington's view and the view of the northwest corridor We hope Lexington would consider extending it to Route 128. Technical studies of the northwest corridor have been done and found to be comparable to the northeast corridor; we believe the northwest corridor is growing fast, if not faster, than the southeast corridor. Route 2 dies at the circle and the traffic on Route 2 is abominable. We are concerned at this stage that Alewife would present so serious a problem of traffic filtering in through the community and Arlington would not be properly served. We want rail rapid transit to Route 128, nothing less; this is what they intend to push for. We realize Lexington was not consulted but we are here tonight to get rail rapid 357 transit extended. We have buses on Massachusetts Avenue every 2 or 3 minutes and people fight like animals to get on buses at Harvard Square. We don't have satisfactory rapid transit service in Arlington; it is adequate but does not meet 1972 standards. We think Lexington should consider possibilities of rail ; it would arrive at Alewife with inter- mediate stations; at that point we believe ( I) there is a right of way to put two tracks to Route 128, without taking buildings; (2) we be- lieve, leaving Alewife, it could be put into open cut and cover to where the demands of roads occur. In Lexington Center, you might want to consider the possibility of cut and cover through Ma Center; (3) we believe the cost is reasonable enough to come through Lexington and possibly to Route 128. This is the goal for Arlington - rail rapid transit extending out so people at this corridor can get good rapid transit service. Chairman Kenney I understand you mean it would come out and through Lexington. Mr. Young If it were Arlington Center or nothing, I suspect they might compromise. Right now, they are talking Route 128 or bust. Mr. Bailey They would use the existing B & M right-of-way? Mr. Young MBTA will actually be designing the line and work with the communities. We in Arlington are going to push for a cooperative agreement with the MBTA on where the line will go. Mr. Bowyer I am speaking in behalf of Cambridge. There are 100,000 people that live in Cambridge. Of that 100,000 there are 50,000 who hold jobs elsewhere and 25,000 in Cambridge; 75,000 people who work there do not live in Cambridge but come in large numbers from the northwest corridor. There have been proposals for the exten- sion of Route 2 on the Inner Belt through Cambridge and Somerville and it has been put to rest. Route 2 to Cambridge would take homes and both communities are adamantly opposed to the extension and pre-. fer that it stay at Dewey and Almy because they don't see how highway congestion can be resolved. The city is too densely built up to shove an expressway through. The Red Line to the northwest corridor is important because we have to get vehicles off our streets. Harvard Square is the worst possible place for a bus transfer station and issatisfactoryeconomicdevelop- ment, not for a terminus. In terms of - e p ment, Cambridge is moving towards office space, apartments and commer- cial areas; all of which are necessary to assist the beleagured taxpayers of the city. Cambridge is now in a revenue sharing posture and Cambridge is paying more in charges on the Cherry Sheet. That dramatized some of the tax base and that is related to economic development, and that is related to accessibility. The extension to the northwest corridor is the No. I imperative transportation policy. If Alewife, the area is immediately southeast of Arthur D. Little, steel mills, etc. , a station location is subject to considerable further review. In conjunction with Arlington, they'have a develop- ment just across Route 2, the Mugar property and that would assist that development and bring additional tax return to Arlington. I s F J0 The method of construction by which rail transit would be ex- tended to the west, and specific design criteria for the two stations, with modifications to the existing station, would permit us to solve problems. The traffic count at Fresh Pond Parkway is 56,000 a day', to make a significant in-road would require a fantastic number of parking spaces. One proposal for 7,000 automobiles would take a large chunk of land. We feel it is in Cambridge' s interest and those ,com- ing into Cambridge and Boston to have some means of access further on out in the northwest corridor, and not at that congested point at Alewife. Therefore, while Cambridge would probably be satisfied with an extension to Alewife, it is Cambridge' s position to have it further out, commutation in a 2-way direction. In terms of providing employ- ment opportunities, the ability to get to Route 128 is an important consideration. Mr. Hopkinson I would like to discuss the Planning Review and its role to date and its objectives in the semi-distant future. The Planning Review was put together by the Governor in response to con- troversies over a major expressway. We have been dealing with facilities in the Metropolitan area; on the Northwest, we have gone through phase I study and dropped the Inner Belt and have dropped almost everything to do with the Route 2 extension. We kept in the study the possibility of dealing with traffic at the end of Route 2 tirh Fitchburg right-of-way; they all have to go into the Fitchburg right- of-way to get to Boston. Phase I has some of the alternatives for rapid transit and highways and will remain under study to use existing rights-6f-way both for commuter and rapid transit; to particularly include the study of rapid transit beyond Alewife and also the prob- lems that exist at Alewife in terms of development potential and parking and access problems. The subject of rapid transit to Route 128 came up many times and I am happy to hear the official response from the Towns in the Northwest Corridor to look into rapid transit. We will be studying the options and characteristics of commuter rail , and should it appear that rapid transit is the thing to do now, or in the future, we would like to do something to boost the service as far as commuter rail and the possibility of a dual powered vehicle, similar to a Budd car. The one used on the Quincy line has a turbine generator and is able to go under its own steam. It is a vehicle offering an alternate opportunity for pretty good service in this area. As far as rapid transit to Route 128, I think the Planning Review would be interested in opinions of Lexington in regard to this. There are a number of problems raised by Cambridge and Arlington as far as extending to Route 128; access is surely one of these problems. If it went to 128, it would have the accessibility that 128 offers it. We would hear how this might fit into plans for 1976 as far as getting people out here. What is the development of time for a full rapid transit and how to accomplish it by 1976, and what are the alternatives to boost service pn the Bedford line for the ultimate use of rapid transit? 1 would comment, we concur with the issues raised by Cambridge and Arlington and feel these are the things which need some extra study. Alewife is a complicated beast and I would foresee 309 Illsome time passing before a resolution appears on access:; development, potential parking structures and a road into it at Route 2. These have a principal effect on Arlington, and Lexington's rapid transit will take some time to accomplish, and good service on this line should he looked at in terms of evolving service. What is here now, and what would happen to Arlington Center, and when would rapid transit, even to Alewife be a reality, and what happens in between? It is the hope of the Planning Review to put it together, starting upwards and boosting the existing service. Miss Osdoby• I have been asked to represent Somerville's interest in the Red Line, to take a look at the possibility of 'in- cluding Davis Square. There are several under study; one goes directly to Harvard Square to Alewife by Garden Street; one goes on Massachusetts Avenue and cuts across. What Somerville has suggested, and META agreed, is to study it to include Davis Square above Porter Square, looking at the cost alignment. Somerville is concerned that it doesn't miss the boat, and they see the Red Line as a possibility. The other is a proposed rapid transit Green Line to go over to West Medford and cut through Somerville. Somerville is trying to keep its options open. One-half of the commuters head either for Camb- ridge or Somerville and Somerville is in somewhat a similar situation as Cambridge with commuters and they are concerned. Mr. Hopkinson As far as deadlines, Alewife engineering and characteristic study should be completed by the end of July. We hope to produce an issue paper by the end of a few weeks and by June I , engineering plans and profiles on Alewife, with no understanding of costs yet but by mid July or the end of July unless unforeseen prob- lems come up, by getting soil data.. The engineers that have a contract for the META foresee very good costs The Planning Review -will do studies of Alewife and by having reliable information by July, will have the implications of going to Alewife by that time. We have already done an environmental and we will, be evaluating some of the alternatives that come up in a study on this basis. Also, concurrently study the use of rail rights-of-way in the Northwest Corridor and the implications of commuter rail service, and improved bus service. We will have a pretty good view by mid July and a re- port in the next couple of months. The Planning Review will be phased out in January of next year We are pleased that Lexington is interested and hope you will join us on a fairly regular basis for information because you are tied in with other cities, Cambridge and Somerville. Chairman Kenney I understand you wish to get the feeling of Lexington. We have to, without being parachial about it, consider the impact of where the terminus would be. You are talking about the Boston and Maine line to Route 128, and we already have prob- lems-on access and swampy conditions Nobody is escaping these. We are interested in the type of cut, which grades, which streets. Without certain attributes to the Town, we must investigate and not make snap judgment. I 360 Mr. Hopkinson I would hope we would be able to set up continu- ing meetings and exchange information on a relatively detailed scale. You would need detailed information. The best thing to happen at this particular time would be for you to articulate your concerns. Mrs. Brown Our Boards have not discussed this together. Mrs. Riff in I am concerned to know how you would accommodate large numbers of cars? What would you envision at the end of the Railroad. right-of-way? What would the impact be? How many cars could be accommodated. Mr. Graham There are 6,000 at the Burlington Mall ; about 2,000 at the Logan Airport Garage. Mr. Young The garage in Quincy can hold 800 cars; it fills up early in the morning and, after that, they get on the Southwest Ex- pressway. We looked at it and find they have experienced no traffic problems as a result of the rapid transit line. I can't stop point- ing out that the Southeast and Northwest Corridors are comparable in problems, and they solved the problem in Quincy and it has helped the community in Quincy. Mr. Clarke What is the role we would play in it? Mr. Hopkinson That will have to come from the study; the use of that right-of-way is really going to have to be examined for its potential to carry people. Considering the condition it is in, how much money is it to fix it up; there are problems of grade crossings, signals, etc. , and what you finally get after you have committed money for commuter rail service. The answer really lies in how it most usefully uses the right-of-way right up to the time it goes to rapid transit. Mr. Clarke It still requires the use of the right-of-way by the Railroad? Mr. Hopkinson I don't know if there is room for three tracks. Mr. McSweeney Is the Boston Transportation Planning Review representing the MBTA? Mr. Hopkinson The Planning Review was put together to review the Expressway and the transit project to Route 128. Mr. McSweeney Is the MBTA proposing anything on the Northeast Corridor? Mr. Graham Since I make my living at the MBTA, I will have to abstain from participating in the policy made by the Planning Board. It is one of two agencies sponsoring it. The Planning Review is doing our planning work. MBTA does have additional funds and they are doing additional work. We have a bonding operation that permits us to spend up to $2M. for engineering for a line at Alewife, pro- vided we get matching funds, and received matching funds for engi- neering analyses and methods of construction between Harvard Square and Alewife. Beyond Alewife, it is a Planning Review matter. At this time there is no authorization for planning beyond Alewife. Mrs. Brown Alluding to 1975 and 1976, a lot of interrelation- ship is possible and I am pleased that the Boston Transportation Planning Review is thinking about it also. It is recorded that Lexington has a considerable interest in these matters also, on how people can go to a place they can park to get to where the action is. 361 Chairman Kenney: A special liaison between the Town and the BTPR should be maintained closely. Mrs. Brown What participation would you like for other than the Planning Director? Miss Osdoby Arlington, for example, has a Selectmen's Transpor- tation Study Committee. We have met with them and commuter groups at their request. In addition to maintaining contact with them, Cambridge and Somerville both have somebody representing them on the BTPR Steering Committee, a working Committee which meets weekly. It is open to Lexington participation. It is a policy and procedures group and State agents are involved in studies and private groups. I can offer you assistance in drafting a position. We can 'schedule meetings with you to take off from this if more information is needed. Towns-can do it with Just citizens or a sub«committee on the Northwest Corridor. Cambridge, Arlington and Somerville have already been meeting pretty regularly. Mr. Hopkinson We would greatly prefer that you participate in the position paper. It makes our work much simpler when cities and towns concur on a position and also understand each other' s problems, which are complex, through airing problems and goals and objectives and does make for a resolution of complicated facilities. Mr. Young I hope we don't get a 3-day warning from the BTPR on a position paper before the Governor. The last time we reacted to it, the BTPR didn't get a valid reaction, and Arlington is going to insist we get more working time. We felt highly indignant to have coordinated on a position paper and we don't want it to happen again. Chairman Kenney We want the two Boards to meet to decide how we can best further this discourse. Mr. Bowyer From the point of view of Lexington, it seems to me that Cambridge is trying to move the Harvard Square problem to Alewife. Arlington doesn't want it at Alewife and wants to move the Harvard Square problem to Route 128. Lexington should think about where it is located Commuters come dwon the Northwest Corridor and, to a degree, using our streets; another consideration is the degree of development to load up the environs with apartments, office build- ings and the like. Another consideration is the service to people living in Town; a large percentage of Lexington population is employed out of Town that could be served by a transit system. 'Think about the number of residents going to 4-year colleges in Boston for which transit access may be desirable. The Selectmen and the Planning Board agreed to meet on next Mon- day evening to further discuss the matter and, also, the Hartwell Avenue connector road and the alternate proposal given to the Board by Commissioner Campbell . The Chairman thanked each person for meeting with the Board to discuss the possible extension to Route 128 and the Planning Board, etc., retired from the meeting. 3' The Board discussed the request of the Arts and Crafts Society Arts & to hold an annual sale of pottery items on its own grounds on Crafts Saturday May 13, 1972, from 10.00 a.m. to 4 00 p.m. The Board had no objection and will so notify the Arts and Crafts Society. Chairman Kenney read a request from the Chamber of Commerce for a sign at the intersection of Massachusetts Avenue and Waltham Street, to be seen es one is emerging from Waltham Street, indicat- ing ndicat-ing theta left turn is necessary to reach the "Historical Sites." Chamber of Also, a request to sell street maps similar to those sold at the Commerce Selectmen's Office. Request Mr. McSweeney It is pretty well congested at that intersec- tion now to put up another sign. Upon motion duly made and seconded, it was voted to request Mr. John McSweeney to discuss the matter with the Traffic Committee and come back to the Board with a recommendation on the sign. The Board had no objection to the Chamber of Commerce selling maps. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on April 24, 1972. The Board agreed to appoint Gaynor K. Rutherford to the Bridge Bridge Charitable Fund. Charitable Upon motion duly made and seconded, it was voted to appoint Fund Appt. Gaynor K. Rutherford to the Bridge Charitable fund Committee for a term expiring March 31, 1975. The Board discussed the invitation from Governor Sargent to Meeting attend the Conference on Metropolitan Development to be held at the Hotel Lenox on May II . Selectman Brown is to attend to represent the Town. The Board discussed the request from John M. Kirschner, Project Engineer, on behalf of the Aldrich Company, Inc., 321 Commonwealth Road, Cochituate, for an extension of the Town sewer system on Hartwell Avenue to service a new building. Mr. McSweeney This request is for a proposal ;i-o make arrange- Aldrich Co. ments to connect to an existing private sewer owned by, and servicing Sewer Instrumentation Lab. We do not approve of servicing two lots with Request one service, due to some of the legal and maintenance ramifications that it entails. We estimate the cost of $13,000 to extend the sewer to the property and recommend insertion of this amount in the 1973 preliminary budget. If the developer wishes to discuss this matter further, he can contact my office. Mr. Kirschner was present and said that we would like to start construction on June I and finish construction by February 15, 1973. We have an appointment with -the Board of Appeals on May 23 and have an appointment with the Planning Board. The Town Engineer told me the problem because of money; we could build the connector for you or if the developer wanted to put it in, would it be possible to put it in? 363 Chairman Kenney Have you discussed this as far as connecting on Hartwell Avenue? Mr. Kirschner The Town Engineer is not in favor of tying into 9 Y 9 that. Mr. McSweeney We think we should talk to them and then come back to the Board. The request was tabled pending a meeting between Mr. McSweeney and Mr. Kirschner. Chairmen Kenney read a report from Mr. McSweeney regarding the request from Mr. ls'Vaux, II Old Shade Street, for consideration of his sewer betterments of $900 and $1243.71 . The report states that the average charge for connecting to the sewer on Old Shade Street is approximately $210; however, Mr. LeVaux's property abuts a cul-de-sac and would have required an addi- tional manhole at a cost of about $600 to bring the main to a nominal distance from his Sideline. This, however, would have created the same cost problem for the abutter on the opposite side of the street. Mr. LeVaux's problem is caused mainly by the odd configuration :of Old Shade Street, and is compounded by the location of the main. It may LeVaux Sewer be pointed out that lots located on cul-de-sacs of standard design Betterments normally require a 60 ft. service to reach the lot line. Using this criteria, it would follow that Mr. LeVaux's service would normally cost $720; therefore, if the Board sees fit to reduce the service charge, we recommend that the $720 figure be used. This would be a reduction of $180 in the charge, and would be in line with the normal charge for a lot of this type.. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works to reduce the charge to Mr. Howard A. LeVaux, II Old Shade Street, by the sum of $ 180. Chairmen Kenney informed the Board that Mr. Zaleski , Planning Director has submitted a list of foreclosed tax title lots which was used as the basis for Article 83. Mr. Zaleski states that he will be adding information on assessments and elevations for transmittal to the Lexington Housing Authority, as requested by them, and this inform- Tax ation will be complete, except that some research may be necessary to Title complete the information on foreclosures. Arti-cIe 83 The Board agreed to accept the list. Upon motion duly made and seconded, it was voted to sign the Order for Construction of the following streets Orders for Street ABERNATHY ROAD - a distance of 661 feet, more or less, from Construction Ingleside Road easterly to end. BIRCH HILL LANE - from Lincoln Street a distance of 948 feet, more or less, northeasterly to end. 364 CLYDE PLACE - from Ingleside Road a distance of 296 feet, more or less, southerly to end. CONESTOGA ROAD - from Wood Street a distance of 794 feet, more or less, easterly to end. DUDLEY ROAD - from Goffe Road a distance of 901 feet, more or less, southeasterly to Philip Road. EMERSON ROAD - from a distance of 140 feet, more or less, east 'of the center line of Maureen Road- to a distance of 393 feet, more or less, west of the center line of Maureen Road. GOFFE ROAD - from Worthen Road a distance of 777 feet, more or less, easterly to Philip Road. HERITAGE DRIVE - from Volunteer Way a distance of 1753 feet, more or less, southerly, easterly, and northerly to Volunteer Way. INGLESIDE ROAD - from Maple Street a distance of 2232 feet, more or less, northerly to Clyde Place. MAUREEN ROAD - from East Street a distance of 503 feet, mere or less, southerly to Emerson Road. PHEASANT LANE - from Lincoln Street a distance of 1066 feet, more or less, northeasterly to Birch Hill Lane. WORTHEN •ROAD - from Pleasant Street a distance of 2069 feet, more or less, northwesterly to the limit of the previ- ously accepted portion of Worthen Road. Upon motion dilly made- and seconded, it was voted to sign the Order to Alter and Relocate the following BOW STREET - on the easterly side from a distance of 54 feet, more or less, south of the center line of Mill Brook Drain Easement northeasterly to a distance of 180 feet, more or less, northeasterly of the center line of Mill Brook Drain Easement. MASSACHUSETTS AVENUE - from the westerly side line of Depot Square a distance of 137 feet, more or less, westerly to the easterly side line of Meriam Street. .65. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at II 10 p.m. A true record, Attest �.� Executive Clerk, Selectmen I 366 SPECIAL SELECTMEN'S MEETING 111 May 12, 1972 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Friday morning, May 12, 1972, at 8 30 a.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, and Mrs. Riffin; Mrs. McCurdy, Executive Clerk, were present. Mr. Zehner, Town Treasurer, met with the Board to request approval Town of borrowing $1 ,500,000. He informed the Board that we are running short Treasurer of money and it is needed to meet the payroll coming up on May 19. Upon motion duly made and seconded, it was voted to award the con- tract to borrow $1,500,000 on a loan dated May 17, 1972 and due on November 3, 1972. Lexington Trust Company $1,000,000 2.45% State Street Bank and Trust Company 250,000 2.50% New England Merchants National Bank 250,000 2.51% Chairman Kenney informed the Board that he had met with Dr. Kessler and Mr. Cohen of the Conservation Commission and they have agreed to pre- pare a check list of the people responsible for particular parcels of Conserve- land and will submit the list to us. tion Land The Board agreed that Mrs. Riffin and Dr. Kassler will handle the Ashley land; Mr. Bailey and Mr. Cohen, with Mr. Busa assisting, will handle the Porter land, Mr Busa and Dr Kessler will handle the Pinard land. Chairman Kenney The Conservation Commission needs no essistande on the Bevington, Chabot, Meek, Hill and Hamilton lands, but will need help on Munroe Brook Chairman Kenney informed the Board of a possibility of a subdivi- Grey Nuns sion plan coming in on the Grey Nuns' land. We have no authority to do anything on the front land and may have to explore the possibility of a special Town Meeting We will watch it. The Board agreed to have representation at the meeting of the Massachusetts Port Authority to be held at Hanscom Field to discuss land acquisition for runway extensions. Upon motion duly made and seconded, it was voted to adjourn at 8 45 a.m. A true record, Attest �h e \ may . xecutive Clerk, Selectmen e367 SELECTMEN'S MEETING May 15, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room, Town Office Building, on Monday evening, May 15, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey and Buse, and Mrs. Riff in, Mr. Legro, Town Counsel, Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works, and Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, two jurors were drawn, as follows Jurors Joseph J. Bille 21 Douglas Road Norton G. Zieff 6 Russell Road Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to relocate seven poles on Ewell Avenue. Notices of the hearing were mailed to the petitioners and abutters listed on the petitioners' plan, and also filed with the Director of Public Works. Ewell Ave. Mr. Dunn, representing the New England Telephone Company, and Mr Pole Pratt, representing the Boston Edison Company, were present and Mr. Location Dunn informed the Board that this petition was for validation for poles already in place. Ewell Avenue was a private way and it is now a public way. Chairman Kenney said that our Public Works Department approves the location of the poles. No one appearing in favor or in opposition, 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 location; Ewell Avenue, easterly side, northerly from a point approximately 65 feet north of Deering Avenue, - seven poles. Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to relocate one pole on Eastern Eastern Avenue. Avenue Notices of the hearing were mailed to the petitioners and abutters Pole listed on the petitioners' plan, and also filed with the Director of Location Public Works. Mr Dunn, representing the New England Telephone Company, and Mr. Pratt representing the Boston Edison Company, were present. Mr. Dunn informed the Board that this petition is for the same reason as the previous request. 368 Chairman Kenney said that our Public Works Department approves the location of this pole. These two petitions are submitted because of street construction. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was Noted to grant permis- sion to the Boston Edison Company and the New England Telephone Com- pany for the following location Eastern Avenue southerly side, approximately 183 feet east of School Street, one pole (one existing JO Pole to be removed). Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to relocate poles on Hillcrest Avenue. Notices of the hearing were mailed to the petitioners and abutters listed on the petitioners' plan, and also filed with the Director of Public Works Mr. Dunn, representing the New England Telephone Company, and Mr. Pratt, representing the Boston Edison Company, were present Mr Dunn informed the Board that this petition was for validation for poles already in place after the construction, of the street, but the abutters must be notified that the work has been done. Mr. John Frazier, 50 Hillcrest Avenue, was present and questioned the direction specified on the notice he had received. He claimed Hillcrest that the part of Hillcrest Avenue in which he was interested shove d:ithe Avenue location of poles as being on the westerly side and the notice should Pole Loca- read 'easterly' . tion Chairman Kenney We understand that the poles are now in place and are not going to be moved, our Public Works Department approves the locations. Mr. Frazier If they are not going to be moved, then I have no objection. Chairman Kenney We shall check the specified direction with our Public Works Department. (The Public Works Department checked the location and verified that of the six poles involved, one is westerly and five are northerly.) No one appearing in favor or in opposition, 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 location Hillcrest Avenue, southeasterly side northeasterly from a point approximately 155 feet northeast of Winship Road, - three (3) poles. (Three existing JO poles to be removed.) 369 L- Hillcrest Avenue, westerly side, northerly from a point approxi- mately 245 feet north of Circle Road, - six (6) poles. (Four existing JO poles to be removed.) Hillcrest Avenue, southerly side, approximately 105 feet west of Albemarle Avenue, - one ( I ) pole. (one exist- ing JO pole to be removed.) Mr. O'Connell informed the Board that he had received a verbal request this morning for the use of the Green for a brief ceremony which would conclude an ecumenical vigil for peace to be held at St. Brigid' s Church. There would be 50 to 100 people involved and Permit for the group would walk to the Green and arrive at approximately 8 00 p.m. use of the on May 17, 1972. Green Upon motion duly made and seconded, it was voted to grant permis- sion for the use of the Green on May 17, 1972 at 8 00 p.m. Mr. O'Connell reported on the status of the investigation of Mass. Trash, Inc He had met with Mr O'Connor, representative of the Governor' s Office; Lexington Planning Director, Mr. Zaleski , and Mass Trash representatives of the Public Works Department and the Board of Health. Inc. He recommended that the Board schedule a meeting for next Monday even- ing with Mr. O'Connor and the Board of Directors of Mass. Trash, Inc. The Board agreed to meet with them on next Monday evening. Mr. O'Connell informed the Board that he had received a report that a Peace Action group plans to demonstrate at Hanscom Field to- morrow at the Lincoln gate. As far as he knows, there are no plans to go to the Lexington gate. Mr. O'Connell informed the Board that a request was received from Mr. William Hays for the use of the old Lincoln Street dump area for shooting off model rockets by Bowman School pupils. I talked Lincoln St. with Mr. Hays and explained that the Town has no liability insurance Dump Area for this type of thing as it is only covered for specific areas of Request liability where it does business. The request has not been turned down; it was withdrawn. Chairman Kenney said that a request has been received to issue a proclamation on National Guard Week. Upon motion duly made and seconded, it was voted to sign the Proclama- Proclamation declaring the week of May 21 - 27, 1972 as National Guard tion Week. Upon motion duly made and seconded, it was voted to sign the Sewer - Order for Construction of sewer on East Street, from Emerson Road, a East St distance of 1370 feet, more or less, to beyond Burnham Road. e370 Chairman Kenney read a letter from Robert I . Ivarson, 38 Tarbell Avenue, requesting assistance regarding water that is collecting in Tarbell Ave. his yard and cellar as a result of the flown water table behind his ' Water property and storm drains running into the area. Collection Upon motion duly made and seconded, it was voted to refer the Problem request to the Director of Public Works for a recommendation. Chairman Kenney read a letter from Otto E. Tobiason, 127 North Street, requesting that an investigation be made of a section near Tobiason him which is being used as a dump area, and a request for additional Request street lights. Upon motion duly made and seconded, it was voted to refer the letter to the Director of Public Works for a recommendation. Chairman Kenney read a letter from the School Committee recom- Building mending that a joint meeting be held to discuss the formation of a Maintenance study committee to develop a plan of a single building maintenance Organization organization. The Board agreed to schedule a meeting for June 5, 1972. Chairman Kenney read a letter from Robert L. Seaman, 17 Hancock Traffic Street, regarding traffic conditions in the area. Hancock Upon motion duly made and seconded, it was voted to refer the Street letter to the Traffic Committee for a recommendation. Chairman Kenney read a request from Joseph and Jack Savenor, 14 Ballard Terrace, Lexington, regarding application for a Package Goods Store. Liquor Mr. Busa was recorded as not participating in the discussion Request nor voting. Savenor Mr Legro A requirement would be to file application under the form prescribed by the ABC. Chairman Kenney We are allowed one for every 5,000 people and, technically, there is one opening. After discussion, the Board agreed not to re-open applications. Upon motion duly made and seconded, it was voted to inform the Messrs Savenor that at this time the Board feels there are suffi- cient Package Goods Stores in the Town to well serve the public and additional Applications are not being accepted. However, the Savenors' request will be kept on file and they will be informed if the Board re-opens applications. Mr. Busa abstained. Chairman Kenney read a notice from the Middlesex and Boston Street Railway Company of Waltham as follows "The Massachusetts Bay M d B Bus Transportation Authority has, as of 12 01 a.m. - July I , 1972, termin- Service ated its contract with the Middlesex and Boston Street Railway Company to supply mass transportation to cities and towns in Metropolitan Boston. Pursuant to a vote of its Board of Directors, the Middlesex and Boston Street Railway Co. hereby notifies you that as of 12 01 A.M. July I , 1972, it will terminate all mass transportation in its area." 371 • Chairman Kenney This leaves us with one train a day. Mr. O'Connell This is one of the deficit items. It is an action to have the state pick up all or part of the deficit, this is part of the crisis plan. Mr. Bailey Mr. Cole tried twice to get it put back in and it didn't work. The Board agreed to write to Representative Cole and thank him and ask him to continue his efforts; also, to write to Senator MacKenzie and Representative Cusack. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s meeting held on May I , 1972. Minutes Chairman Kenney read a notice from the Alcoholic Beverages Con- trol Commission regarding Memorial Day, May 29, 1972. A.B.C. Upon motion duly made and seconded, it was Voted that Package Goods Stores are to remain closed on Memorial Day, May 29, 1972; Motels, Restaurants and Clubs may not re-open for the sale of alcoholic beverages before 12 00 N. Mr. Busa abstained. Chairman Kenney read a memo from the Director of Public Works re- garding an agreement between the Town and the Boston Edison Company, stating that this request has been made by the Town of Lexington (Town Manager) to increase lighting on the approached roads of the High School . We recommend approval of the location with one excep- tion, that the setback for these poles from the travel way should Street be 5 feet instead of the 2 feet as shown on the plans. Lights Upon motion duly made and seconded, it was voted to authorize Park Drive the Chairman to sign the agreement between the Town of Lexington add the Boston Edison Company for five poles and street lights on Park Drive, Lexington, with the stipulation of a 5 ft. setback from the edge of the pavement, subject to the approval of the Director of Public Works. Chairman Kenney read a letter from Mr. Michelman, Chairman of the Tax Title Lexington Commission on Suburban Responsibility, stating that they were pleased at the initiative of the Housing Authority to ask for more specific information from the Planning Board, Board of Assessors and the Board of Selectmen on tax title lots for scattered housing The Commis- sion voted unanimously to write to the Board of Selectmen expressing its commendation and support of the policy of the Board not to sell tax title lots for a year after an original request to purchase has been submitted to the Board. Upon motion duly made and seconded, it was voted to appoint Mrs. Wilbur E. Cheever a member of the Town Report Committee, and to re- Town Report appoint the following members for a one year term Committee Richard W. Hoover 18 Larchmont Lane John E. Taylor II Linmoor Terrace Louis A. Zehner, Chairman 6 Fair Oaks Drive 372 Chairman Kenney said that the Board had requested the Director of Public Works to submit more information regarding the possibility of doing a minimal amount of work in the Mariam Street parking lot. The report has been submitted as follows "As you are aware, parking in Lexington Center is at a minimum, and, with the tourist season having already begun, will become even more scarce. Studies in the Meriam Street Parking Lot and on Meriam Street itself, not to mention Massa- chusetts Avenue near Grant Street and on Grant Street, have revealed that the majority of these areas are used for all-day parking. There- fore, to provide adequate parking for those visiting and shopping in Lexington Center, it is highly advisable to move those all-day on- street parkers to the Meriam Street Parking lot. This can be accomplished by a minimum amount of grading and delineation by means Meriam St of storm fences, etc. in the now unused portion of the lot. This new Parking Lot area may ultimately provide only 25 to 30 spaces, but this in turn should provide 25 to 30 spaces for shoppers and visitors. The under- taking is not only feasible, but makes extremely good sense. While this 'addition' is feasible from a traffic engineering standpoint, there are certain drawbacks to be,noted from a construc- tion and maintenance point of view. First, there will not be any way to define parking stalls on a gravel surface, thus eliminating any form of organized parking. The operation of the area will therefore rely on the courtesy and common sense of those who use it. Secondly, should this area be opened, it will be subject to all the quirks of any gravel-surfaced roadway; i .e. ruts, mud and potholes. Based on this, it should be noted that the area will re- quire continuous maintenance, the cost of which may, in the long rUn, outweigh the usefulness of the area." Chairman Kenney I think we should look at this and have any- one interested look at it, especially the four or five abutters; then, we will reconsider it. The Board agreed. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputa- tion of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Mr. O'Connell reported to the Board on what he had learned in Washington about trends in Federal Funding. He will give a more com- plete report after a copy of the Omnibus Housing Bill, now pending, is received. Emergency Employment Act Next years funds are being proposed at Federal 2.7 billion to allow continuation of the present program plus another Funding 300,000 jobs. A competing bill calls for 10 billion to provide an 373 addition of one mi4tien jobs. Even before the new bill comes in, they are changing the hiring requirements The goal for special veterans (service since 1964) is being increased from 30 to 40% of those hired. A new mandatory minimum requirement of 25% special veterans is cur- rently being imposed on the States and will probably be applied to each consortium. Allied Services Act The Allied Services Act will attempt to con- solidate HEW services. Massachusetts is able to comply with this because of their reorganization. There is every indication of a National Health Insurance Act to provide for everybody in the country; the govern- ment has a plan to pay the premiums for the unemployed and those on welfare. The Housing Bill will double the amount of money for urban transportation. HUD Programs The most significant change will be in the Omnibus Housing Bill where they intend to go to block grants for all HUD pro- grams (except water and sewer project) administered by the " local governing body". My interpretation is that we will have much more trouble getting reimbursement for land acquisitions. The program is geared to a comprehensive plan based around low income housing; 80% of the money is allocated to Metropolitan Cities and the remaining 20% to suburban areas. Economic Development Act Out of $106 million a year, $30 million is being diverted into WPA type projects. This money is being used to provide local jobs in high unemployment areas for parking garages, building fire houses, rehabilitating old schools, etc. High labor projects for which the plans have been developed are appealing; low labor projects are not. Outdoor Recreation Grants (Legacy of Parks) This program, under the Bureau of Outdoor Recreation will continue in operation, but probably via direct grants to States who in turn may use part of the money for local projects Probable funding levelsare $300 Million for land and water conservation; 200 million for HUD, open space/ recreation facilities. This is the authorized level but has not been fully funded This part will be in the block grant package. There is a new effort in Washington to dispose of surplus Federal property for parks and other local public purposes. All, agencies are encouraged to submit inquiries about the con- tinuing need of any Federal site. The Planning Board met with the Board and it was decided to appoint a joint committee to deal with the subject of a possible M.B.T.A. exten- MBTA sion to Lexington and/or Route 128. It was agreed that weekly daytime Extension meetings of the Boston Transportation Planning Review would ordinarily be attended by Peter Chalpin of the Town Engineering Staff, and he would report information to this committee. There may be certain 374 regional meetings the committee would be expected t6 attend. The basic charge of this committee would be to gather information for both the Planning Board and the Board of Selectmen to enable them to reach a policy decision concerning the extension of the M.B.T.A. The Planning Board agreed to appoint a member of its Board to the committee and to so inform the Selectmen. Upon motion duly made and seconded, it was voted to appoint Sanborn C. Brown a member of the committee on the possible M.B.T.A. extension to Lexington and/or Route 2. Mr. Clarke reminded the Board that the Board Meeting of the Hanscom Massachusetts Port Authority is to be held on Thursday, May 18, at Field II 00 a.m. at Hanscom Field. Members of the Board plan to attend. The Planning Board and the Board of Selectmen discussed the Hartwell Avenue connector Road. Chairman Kenney Mr. McSweeney and I went to see Commissioner Campbell for the purpose of discussing the connector road and to see if he could push forward and get it moving again The official atti- tude has changed towards it and they are not receptive to the idea. The reason was the necessity of an environmental survey, and our request would not be considered on its own but in connection with Route 2, Route 62, the circumferential highway, etc. When we dis- cussed the plan of the connector as we had envisioned it, we were Hartwell told they had approached the federal government and had received ap- Avenue proval only for service-type roads on Route 128 running both sides Connector of Routes 2 and 3, and there would be land takings. However, out of our discussion came an alternative idea and Commissioner Campbell suggested alleviating the traffic on Hartwell Avenue and Bedford Street by a connector road on the Westerly side only, with no bridge, with a feeding road in and out. We took it back with us and said we would discuss it with the Planning Board Commissioner Campbell told us that if we agree to the concept, a letter would be written to him. We told him that we owned rrluch of the land and at Town Meeting we put in for takings for the rest of the land. We think it has much to offer and we are looking for a meeting of minds on it; as a concept, we would like to pursue this and notify Commissioner Campbell and ask which particular area they would recommend we put the road. Indications from the Commissioner were that it could stand on its own merits. I think he is very interested in looking at this as an immediate project. Mr, Stanley Brown Did he feel it would be completed by 1975? Chairman Kenney We didn't go into that; it was looked at as alleviating the traffic situation. Mr Eric Clarke We are interested because it would alleviate the traffic on Bedford Street. The Planning Board and the Board of Selectmen agreed that a letter is to be written to Commissioner Campbell informing him that both Boards endorse the concept of constructing a limited, West side only, connector road. 37 Mr Clarke informed the Board that the Idylwilde developer has asked for a number of waivers. One is the reduction in street width from 30 ft. down to 24 ft For the last year, we have had discussions of the width of streets. It is the feeling of the Board that we would like to grant it at 24 ft. because the Board feels that sub-division streets probably should be reduced to something less than 30 ft. and in the ab- sence of a policy would grant it Mrs Riff in How many homes? Mr Zaleski 12 to 14 homes Mr Clarke This is not a complete sub-division; there is a possibility of another 12 homes in another sub-division. Chairman Kenney What is the criteria for 30 ft.? Mr Clarke Something between full arterial and sub-division. The Board feels, up to now anyway, there are other purposes of streets besides traffic and they should have a reasonable appearance. Chairman Kenney Our Board, at least some members, felt that on a 24 ft. to 30 ft., when you reconstruct older streets you find the setback is insufficient. Mr Clarke I think that factor ought to apply. These streets are certainly not arterial streets Mr Busa When did the Board go from 24 to 30 ft.? Mr. Clarke Ten years ago. Mr. Zaleski What happened was, those were waived and over the period of years the number diminished and the Planning Board submitted 30 ft.; it is not necessarily enforced Idylwilde Chairman Kenney What is the layout? Sub- Mr. Clarke 50 ft division Mr Busa Why go down to 24 ft if you have a 50 ft. layout? Mr. Clarke You get too much of a boulevard on a street that doesn't go anywhere Most sub-divisions have 24 ft. and these are com- fortable-size streets for sub-divisions. Mr. Busa It depends on where you live. We have had problems of parking on both sides of the street; that leaves a 12 ft drive. In recent meetings with the Planning Board, we recommended a 30 ft. pave- ment. There are less traffic problems. On a side street not used to traffic, children play in the street and it is dangerous. I am not talking about twenty houses but a larger sub-division where it would have to be put in in the future and have it become part of the Town' s expense. I don't understand why you would give a waiver. Mr. Clarke The purpose is not to save money; the purpose is not to have the Town look like Cambridge. Mr Busa With a 24 ft. layout, when you have visitors to the house it narrows it down. This is what is happening on secondary roads. Mr. Clarke This is what is happening.. Chairman Kenney The layout is of primary importance. Mr. Busa Also, who is going to pay for it in the future2 Chairman Kenney Are we to understand that the Planning Board is discussing it? Mr. Clarke Yes. Mr. Bailey Why is the developer asking for it? Mr. Zaleski The point is, there should be one policy in the Town, no double standards. Whatever the Planning Board does, the Selectmen adopt or reject. One policy should be agreed upon on the streets. Chairman Kenney We agree, but there is a distinction between old and new streets. Mr. Clarke The old streets have their own problems. Topographic Mr. Clarke asked when the topographic maps will be completed. Maps Mr. McSweeney We have a complete set of preliminaries that come in each time. It was a year's contract and should be completed soon. The Planning Board retired from the meeting. Mr McSweeney discussed the Aldrich Co., Inc. request for a sewer extension on Hartwell Avenue for its client who is erecting a one- story building of steel frame construction. This would add $35,000 to $40,000 a year in taxes. They propose to make arrangements to con- nect to an existing private sewer owned by, and servicing, Instrument- ation Lab. ( It was $180,000 for the trunk sewer for Instrumentation Hartwell Lab.) We estimate the cost of $13,000 to extend the sewer to the Avenue property, ithat would be our contract price with an order of construc- Sewer tion; these people would be assessed over a period of 20 years. Extension Chairman Kenney What will their betterment be? Mr. McSweeney Approximately $3,000. Their Architect and Engi- neer said that June I is important to them. After discussion, the Board agreed to approve the sewer extension on Hartwell Avenue. The proposed extension would serve the clients of the Aldrich Co., Inc. with the stipulation that Mr. McSweeney work out the details for an estimate of costs, who would ultimately pay •for this extension - the Town or the client, and what the betterment would be on the project? Upon motion duly made and seconded, it was voted to approve the sewer extension on Hartwell Avenue to serve the clients of Aldrich - Co., Inc. Mr. McSweeney agreed to meet with the owner and representatives of Aldrich Co., Inc. to work out these details. Chairman Kenney informed the Board that a request was received last year from Mr Ralph J. Masciulli to purchase the lot next to him, tax title lot 26 (44) Valleyfield Street. The Planning Board recommended Masciulli that this lot not be sold because of scattered site subsidized housing. Tax Title We have our policy of waiting a year before selling lots and we will have to write to Mr. Masciulli to this effect. The Board agreed to inform Mr. Masciulli that a I-year moratorium has been instituted on the sale of any tax title lots which conceivably could be used under the scattered sites housing plan. However, if nothing transpires to affect this lot, Mr Masciulli may re-submit his request to purchase it as of a year from this date. I 377 Upon motion duly made and seconded, it was voted to go into,Exe- cutive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interest 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 10.20 p.m. A true record, Attest iti cCC!!! E ecutive Clerk, Selectmen 1 4 37 h r SELECTMEN'S MEETING May 22, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, May 22, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse and Brown, and Mrs. Riffin; Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mr McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, three jurors were drawn as follows Donald J O'Hara 17 Whittier Road Sam Silverman 18 Ingleside Road Paul Morgenstern 2414 Massachusetts Avenue The Board discussed a letter received from Benjamin A. Greene, Merrimack, New Hampshire, to see if the Town would be interested in Greene Land the possibility of purchasing his land located at Route 2 and Spring Route 2 Street. Spring St Mr. O'Connell I understand he also wrote to the Planning Board. Mr Greene owns a total of 10 acres; there are three lots on which the house and barn stand, and three lots that are now split by the new Spring Street. The Board agreed to write to the Planning Board and the Conser- vation Commission to request their opinion on the Greene land. Mr. O'Connell informed the Board that he has received the resig- Resignation nation of Mr Zaleski , Planning Director, who will be leaving June 12; Planning tly official date of resignation is July 2, 1972. I have discussed Director the hiring of a new Director with Mrs. Brown and will meet with the Planning Board next week, There is the very distinct likelihood of being without a Planning Director for a period of time. Mr. O'Connell reported on the meeting of the Massachusetts Port Hanscom Authority at Hanscom Field. It was the decision that Hanscom Field Field is not to be used commercially as it would be too expensive to oper- ate there rather than Logan Airport. Mr. O'Connell informed the Board that he had received $1,000 E.E.A. reimbursement from the State as partial reimbursement for on-the-job training costs for Mr. Mongiello. The money is now in E d D. Cary Mr. O'Connell recommended that the Board approve the request from Library the Cary Library for the use of the sidewalk for a "Chalk-in" on Request June 22. Upon motion duly made and seconded, it was voted to grant permis- sion to the Cary Library Trustees for the use of the sidewalk from the corner of Massachusetts Avenue and Clarke Street to beyond the Newell House driveway for a "chalk-in" on June 22, 1972 from 100 to 3 00 p.m. 379 Upon motion duly made and seconded, it was voted to approve the bond for the Town Treasurer in the amount of $116,900 and the bond Bond for the Assistant Treasurer in the amount of $29,900. Upon motion duly made and seconded, it was voted to certify the Cert of character of Uoanne Small , 24 Hancock Street, who has applied for a lncorp. Certificate of Incorporation "Task Force on the Handicapped, Inc." The Board agreed to discuss at a later meeting the request of the Lexington Minute Men, Inc. for the use of the Green for flintlock MinuteMen firing demonstrations on June 4 and 18; July 9 and 23, August 6 and use of 20, 1972. Green The Board agreed to request Representative Cole to attend the MBTA hearing on May 24 regarding federal aid to improve MBTA mass MBTA transportation facilities. Mr. Frank I . Michelman of LCSR met with the Board to discuss bills pending in the General Court which are related to concerns with Hbui a Bills the charge of LCSR from the Board of Selectmen. The Board agreed not to take a position until more detailed infor- mation is received on the following Housing Package, H882-Statewide Building Code, H4949 Property tax relief for low and moderate income families. Upon motion duly made and seconded, it was voted to grant the hours of operation for Anick Enterprises Incorporated, Duhkin Donuts, License 373 Waltham Street, from 6 00 a.m. to II 30 p.m. until December 31 , Dunkin 1972. Donuts Upon motion duly made and seconded, it was voted to appoint Stephen Politi , 25 Deering Avenue, a member of the Youth Advisory Appt. Commission, representing the Town Meeting Members Association, fob a Youth Comm. term expiring April I , 1973. The Board agreed to hold the application for a Common Victualler License from Alexander' s Pizza, 180 Bedford Street, pending a report Alexander' s from the Board of Health. Pizza Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on May 8, 1972. Minutes Mr. Richard O'Connor of Mass. Trash, Inc. met with the Board to discuss a program for the collection and reclamation of solid waste. Mass. Mr. O'Connor Mass. Trash is a non-profit program sponsored by Trash, Inc. The Gillette Company and the Boston Globe and other companies devel- oping solid waste disposal . They intend to establish a regional center and they are interested in research and development of reclama- tion of glass, metals and plastics. A one-acre site is needed on a 380 ' one-year trial basis for the regional collection center, which could be set up in 30 days and removed in less than 15 days. If Lexington leased the land, besides those funds it would be provided free with its own reclamation collection center and staff; funds over and above the amount necessary for salaries and expenses would be turned over to the Town. The Center would have two or three trucks an hour which could be spread over an B-hour day in order to control the traffic flow; 40-yard vehicles would get the recycleable materials from the 15 or 20 participating towns to the regional center. Satel- lite centers in the various communities would send their solid waste, which must meet public health standards, to the regional collection center. Materials brought to the center collection are processed there and distributed to various destinations. Glass would go to Connecticut, metals would go to a variety of places, and plastics will go to the Gloucester Engineering Company. The area would be secured behind fencing and shielded so as to prevent any visible pollution. Mr. O'Connell read reports from the Department of Public Works and the Board of Health. Both questioned the adequacy of the temporary sanitary facilities which would be set up for staff members. State Public Health standards require the Town to construct permanent sanitary facilities at the dump, and anything short of the State code was unsatisfactory. After further discussion, it was agreed to study the matter further. Chairman Kenney read a report from the Director of Public Works regarding a letter received from Mr. Iverson of 38 Tarbell Avenue of Iverson water conditions surrounding his property. Water Mr. McSweeney, Director of Public Works, was instructed to make Problem the necessary arrangements to relieve the collection of storm drain- age in the ?area of the property on an inter'i'm basis. In July and August, the situation will be further remedied by doing more exten- sive work i, the area. The Board agreed that Selectman Brown will attend the meeting MBTA In Cambridge on May 25 on the proposed Alewife Transit Extension. The Board agreed to enlist the assistance of Representative Cole on the extension, possibly as a member of the Town Advisory Board. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session 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 go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 40 p.m. A true record, Attest i ,J'' - - 1,.c."5 � Executive Clerk, Selectmen 1-c SPECIAL SELECTMEN'S MEETING May 25, 1972 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Thursday afternoon, May 25, 1972, at 4 30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown and Mrs. Riffin; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Roger Trudeau, Mrs. Daniel Power and Mrs. Emily Frankovich, Citizens for Participation Politics, were present as representatives. Chairman Kenney I have asked for this special meeting of the Board to consider the request of Mrs. Norma McGavern, on behalf of Lexington Citizens for Participation Politics, "for permission to use the Battle Green on Memorial Day, May 29, for a silent vigil for peace following the regular Memorial Day parade and ceremonies. The vigil will be held to memoralize the many dead and wounded of Vietnam, American and Vietnamese, and to symbolize in this manner the desire for peace so long hoped for by so many Americans, the desire to end at least over ten years of killing, and secure, with peace, the return of American prisoners, combat troops, flyers and seamen. We urge the people of Lexington to come to the Battle Green Monday morning by Citizens for ll 30 a.m. The scheduled parade will end at the Green for ceremonies Participation there at II 20, having left the Munroe School area at 10.00 a.m. and Request for stopping briefly at graveyards along the way. Wear a black arm band. Use of Green The vigil is to begin after the scheduled ceremonies are com- pleted. The bells of the First Parish Church and Hancock Congregation- al Church will toll for one half hour each during the vigil. Since the vigil is silent, there will be no speeches, singing, or other such activity. At the end of the hour, presumably about 12 30, the group will disperse." Chairman Kenney I spoke to Mrs. McGavern and requested that she make a request for the Green, because it was the feeling of our Town Counsel that under the By-Law a permit should be given for an activity of this sort, and she said she would have her representatives come in to discuss it. We shall cooperate in every manner possible. Chairman Kenney distributed the Memorial Day program of the Town Celebrations Committee and said that we expect to be at the Battle Green at 11:20 a.m. to have the brief program outlined by the Town Celebrations Committee, and according to your request there would be a time overlap. Mr. Trudeau: It was intended there would be no conflict, that your ceremony would be brief and people outside wearing armbands would not interfere. Chairman Kenney With that understanding, you would allow us to complete our ceremonies? Mr. Trudeau Yes. 3S2 Mr. O'Connell I talked with the Chairman of the Town Celebra- tions Committee to make sure we understand the program. The committee feels the activities are over when they leave the Green. and they would not want it to interfere. Their respectful sugges- tion would be to schedule the departure from the Green and the others can stay on. Mr. Trudeau There is no problem. I didn't see any reason to apply for a permit; groups have been having it since 1966. I think, through courtesy, we might have notified you. Chairman Kenney As I stated initially, we have a copy of your letter submitted to the Minute-man. It was given to Town Counsel, and he advised a permit because it could be called an occasion for a permit. We are not attempting to deny it; we thought it better if you applied. Woman 1 question if this is supposed to be a picnic? The By- Law says "performance" and I don't understand how it comes under that. Chairman Kenney: It is not a performance or a picnic. I am here to offer the cooperation of the Town Selectmen in insuring that we have a Memorial Day that does not involve any confrontation between several groups. I am just asking that we understand the timetable. Mr. Buse: I don't think we are here to discuss the By-Law and don't feel we should get into it. Mr. Bailey moved, and Mr. Brown seconded the motion, to grant permission es outlined in the letter of request from Mrs. Norma G. McGavern, Chairman of Lexington Citizens for Participation Politics, for the use of the Battle Green on Memorial Day, May 29, 1972, with the understanding that their event will begin after the parade sponsored by the Town Celebrations Committee has left the Green. Mr. Busa moved to amend the motion to 12 30 p.m., so that the two groups would be separated. Mr. Busa I don't agree to the minute the parade moves off the Green. I have no objection to granting the permit, but there would be a group left over from the morning parade and, if they are not separated, we might have something we would rather not have. Who determines when one follows the other? Chairman Kenney It is a little difficult to separate. As the Town Manager explained, when the Town Celebrations' group left the Green, they were finished. I think it should be as the motion was stated - that their events begin as we left the Green. Mr. Bailey added, and run for approximately one-half hour.. Mr. Busa withdrew his amendment. The Board voted to grant permission to the Citizens for Parti- cipation Politics for the use of the Battle Green on Memorial Day, as originally moved and seconded. Mrs. Daniel Power Point of information, could you inform me why the letter which was passed to the Minute-man came to Town Counsel? Mr. O'Connell I am not aware of a letter given to Town Counsel except by me. 383 83 V Woman Can any letter be given out? Mr. O'Connell: That is a matter for the staff of the Minute-man. Mr. Trudeau The newspaper is not hired by taxpayers and a communication was given to the Chief of Police. Mrs. Scigliano: It was our decision, we did not want to aid or abet anybody from breaking the law; for it to be a severance of the law, we were not going to publish it. Only because Mrs. McGavern agreed to a request, did we publish. Mr. O'Connell An event on the Green would require a permit and the Minute-man inquired if a permit has been applied for and we said it had not been. Their inquiry was rather logical. Mr. Trudeau They were not exercising their right. Mrs. Frankovich Because of the pressure of time, Mrs. McGovern agreed this morning to request a permit for activity on the Green on Monday, May 29. We do not, however, agree with the position of Town authorities that walking or standing on the Green can in any way be considered a 'performance' as restricted in the Town By-Laws, whether or not others are invited to join us. We further question the authority of the town to restrict free association on the Green, the sidewalks or anywhere else provided it does not endanger any person or property or obstruct normal activity. If such activity is subject to restraint by Town authorities in the future, we would regard it as a violation of our rights. Mr. Trudeau That also reflects my feeling. The question of a permit dates back to 1966; we did not have a permit and we didn't need one. Chairman Kenney: Tolling a bell at the same time we are conduct- ing ceremonies under the Town Celebration Committee - we think, on the best advice and to cooperate, we have the responsibility of the parade and intended in no manner to interfere with your intent to cooperate and avoid any type of confrontation. Mrs. Riff in: if you had known what the schedule was and met at approximately 12 00 N., would you have changed your time to read 12 00, 12 .15 or 12 30? It is a matter of communication from my point of view so that what we do is not as an entity. I think there is a human reason to discuss what goes on if you are occupying the place. Mr. Trudeau We review several forms and selected what appeared to be the mildest, and were surprised to find we were in the middle of it. Chairman Kenney We had this meeting to coordinate the time. Mrs. Butters: Does the Church need permission to ring a bell in the daytime? Chairman Kenney If their bell ringing would interfere. Mrs. Butters It might be rather rude. Mr. O'Connell; Comment - it comes under the matter of nuisance and I think ringing of the bell at 3.00 a.m. in the morning is such. Other than short of an emergency is considered in violation of the law. It depends on what the effect is for it to become a nuisance. Mrs. Butters So at 12 00 N. the Baptist Church doesn't need a• permit? 384 Chairman Kenney You are missing the point - if ringing the bell interferes with the services, it could be a nuisance. All agreed with the vote of the Board to grant permission, and the citizens present retired from the meeting. Mr. O'Connell discussed the request of the Lexington Minute Men, Inc. for the use of the Battle Green for firing demonstrations of flintlocks on June 4 and 18; July 9 and 23 and August 6 and 20. Mr. O'Connell The intent of this program is to have the demon- strations run on each of these Sundays from 100 to 5 00 p.m. The program would consist of a demonstration by a 10-man detail of the Minute Men; it is patterned after the ceremonies conducted in Concord and would consist of an explanation of the use of colonial firearms and firing by the 10-man detail; this would take place each half-hour from 1:00 to 5:00 p.m. When asked about how large a group was ex- pected, I was told they can only be guided by Concord, which has groups of 200 to 300 people. People would arrive by buses, which would be scheduled so they would arrive in time to include the demonstration. They do agree that no Town services are needed. I also talked with Battle Green Lt. Marrigan of the Minute Men that there are six Sundays scheduled Lexington and if the Board received a request for the Green, he agreed that In Minute Men the event of that kind of situation, the Minute Men would adjust their schedule and use the !lawn of the Visitors' Center. I also asked Rev. Handley if he were aware of it and he endorses the plan; he didn't think the nearby residents would be bothered by this. Mr. Brown Would they stop it if there were a funeral? Mr. O'Connell Yes. Chairman Kenney: I think it is important that in the event there is any type of service, there is to be no demonstration. Mrs. Riff in There are no houses in Concord near the demonstra- tion. It is my feeling if the Board wants to grant it, fine, but if there is objection by residents, we ought to be sensitive to them. Chairman Kenney: I think permission should be granted provi- sionally. Mr. O'Connell They said there is no need for Town services but I think the matter should be subject to reconsideration by the Board. Mr. Bailey Give it a try and see what feedback you get. Upon motion duly made and seconded, it was voted to grant provi- sional permission to the Lexington Minute Men, Inc. to use the Green on the following Sundays from 100 p.m. to 5;00 p.m. June 4 and 18, July 9 and 23; August 6 and 20; with the understanding that said per- mission is to be reviewed and if found to be objectionable to neighbors or to require additional Town services, the entire matter will be re- considered; under no circumstances should there be interference with Town services or any other authorized events on the Green. Upon motion duly made and seconded, it was voted to adjourn at 5 05 p.m. A true record, Attest: xecutive Clerk, Selectme 3 v SELECTMEN'S MEETING May 30, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Tuesday morning, May 30, 1972 at B 30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; and Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell discussed the request from the Students for Partici- pation in Public Affairs at the High School for permission for a fund raising walk for the Peaceful Movement Committee at the Concord Permit Reformatory. Upon motion duly made and seconded, it was voted to grant the request for a parade permit for a fund raising walk for the Peaceful Movement Committee at the Concord Reformatory to be held on June 3, 1972 from the Lexington High School to the Concord Reformatory. The Board discussed a request to hold Flag Day services on the Green on June 14, 1972 at 7 00 p.m. An award is to be made to an out- standing citizen of the Town, and a 6' by 10' flag is to be presented Flag Day to the Town to be flown on the Green. Members of the Board plan to be present to accept the flag on behalf of the Town. Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Lodge of Elks No. 2204 to conduct Flag Day services on the Green on June 14, 1972 at 7 00 p.m. At the request of the Town Clerk, four jurors were drawn as follows Murtagh McGrath 15-A Crescent Hill Avenue Jurors Edward G. Apgar 41 School Street Mark S. Carroll 29 Oakland Street Bert E. Nichols 9 Tufts Road The Board discussed the request from the Director of Public Wel- fare for an expenditure of $600 for summer camp for needy children of Welfare the Town. Summer Camp Upon motion duly made and seconded, it was voted to request the Trustees of Public Trust to approve the expenditure of $600 from the Bridge Charitable Fund for summer camp for needy children of Lexington. The Board discussed a report from the Planning Board regarding a request from Mitchell S. Cohen. The report states that Mr. Cohen had Mason St. submitted to the Plenning Board a request for the relocation of the Easements pedestrian path easement over his lot. Since the subdivision has been completed and the streets accepted as public ways, it is our belief 3 8 that this would require a Warrant Article authorizing the Selectmen to relinquish and abandon the existing easement and to take a new one. The affected neighbors have signed Mr. Cohen' s request and agree with his proposal, even though the relocated easement would in part go over one of the neighbor's lots. Mr. Cohen has agreed to have a plan drawn up by a surveyor giving the exact location and dimensions of the relocated pedestrian easement. The Planning Board has no objection to the proposed relocation under these conditions. We shall be glad to assist the Board of Selectmen and the Town Counsel in this matter. Upon motion duly made and seconded, it was voted to insert an Article in the Warrant of the next Town Meeting to affect the reloca- tion of the pedestrian path easement which is now over the lot of Mitchell S. Cohen, 21 Mason Street, by relinquishing and abandoning the existing easement and to take a new easement; subject to the con- ditions outlined by the Planning Board. Chairman Kenney I will make sure there is on record an agreement in writing; I will talk to the Planning Board. Chairman Kenney read a request from the Minute Man Associates to hold a block party on June 24 (rain date June 25) from 12 00 N. to 12 00 M. and to block off Dudley Road and Goffe Road. Permit The Board's policy is to grant permission until 11:00 p.m. and it Block Party was agreed to inform the Association. Upon motion duly made and 'seconded, it was voted to grant permis- sion to the Minute Man Associates Association to conduct a block party on June 24, 1972 (rain date June 25) from 12:00 N. to Il 00 p.m. subject to the restrictions of the Chief of Police. The request was granted to block off Dudley Road and Goffe Road. Upon motion duly made and seconded, it was voted to authorize Liquor the Chairman to sign Liquor Identification Cards for the following: I .D. Cards John D. Langille 38 .Bow Street' Eileen C. McDonald 837 Massachusetts Avenue Cert. of Upon motion duly made and. seconded, it was voted to certify the lncorp. character of Richard E. Lee who has applied for Certificate of Incor- poration "Medical Area Service Corporation". The Board reviewed the hours of operation for the Bamboo Hut, 177 Massachusetts Avenue. Permission had been granted to close at Bamboo Hut 1 00 a.m. from January I , 1972 to June I, 1972. No complaints have been received by the Board of Health and the Building Inspector; a few complaints have been received by the Police Department, but these have been from the owner of the Bamboo Hut regarding harassment from customers. Upon motion duly made and seconded, it was voted to grant the continuing of the hours of operation to 100 a.m. to the Bamboo Hut until December 31 , 1972, with the understanding that all conditions under the Common Victualler's license are met. 3 8.7 The Chairman informed the Board that he and Mr. O'Connell had met with the owners of the Bamboo Hut regarding their application for an all alcoholic beverages Common Victualler license. We informed them that their plan of the restaurant must show the deficiencies recommended by the Building Inspector and the Fire Inspector. They have agreed to re-submit their application with the proper plan. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings held on May 5, 1972 (Special with Minutes Burlington) and May 15, 1972. Chairman Kenney informed the Board that nothing has been heard from the Town of Burlington regarding their request for water from Lexington during the summer. Burlington Mr. O'Connell Mr McSweeney has been in touch with MDC and I Request for think there is some question in their minds as to whether this would Water be considered an emergency. It was agreed to wait until Burlington comes back to the Board. The Board discussed the offer of Mrs. Marion T. Harris of a gift to the Town of land owned by her which is adjacent to Kinneen Park, as shown on Map 77, Lot 43A. Mrs. Harris said In her offer of May 16, 1972 that she wished to, give this land to the Town for the children Harris of Lexington. Gift A report from the Planning Board was read, stating its approval Offer of of Mrs. Harris' offer. Land Mr. Bailey Town Meeting has to accept this. It is beautiful land and the kids are already using it. Upon motion duly made and seconded, it was voted to acknowledge, with thanks, the offer of Mrs. Marion T. Harris, 91 Burlington Street, and to Inform her that an Article will be inserted in the Warrant for the next Town Meeting to be requested to accept the gift of Lot 43A, Map 77. Upon motion duly made and seconded, it was voted to adjourn at 9 00 a.m. A true record, Attest ����� 1-1( ecutive Clerk, Selector 1 388 SELECTMEN'S MEETING June 5, 1972 A regular meetingof the Board of Selectmen was held in the Selectmen' s Meeting Room on Monday evening, June 5, 1972 at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. Mr. Zehner, Town Treasurer, met with the Board to request ap- proval to borrow $2,500,000 in anticipation of taxes. The State is behind in its payments to us and we need money to meet the Town' s obligations. The notes will be dated June 15, 1972 and payable on November 6, 1972. Considering the amount of money we have had to borrow, we are fortunate to have received a mate of interest that is better than a year ago. Chairman Kenney asked about receipts from excise taxes. Mr. Zehner: We have received no excise tax bills on 1972 car purchases and haven't received all of 1971 yet. You may have read in the paper of the distress of many towns, and Governor Sargent has been asked to take action; this may be in the mid-summer or in the Treasurer fall . Mr. O'Connell: I have discussed this with the Registry of Motor Vehicles and it is the result of the State having a practice of farming out, by competitive bidding, all of the punch card work for computer processing. The work was given to a firm in Texas and it created a disaster. Mr. Zehner recommended that the contract be awarded to the lowest banks. Upon motion duly made and seconded, it was voted to award the contract to borrow $2,500,000 in anticipation of tax revenue on a loan dated June 15, 1972 and payable on November 6, 1972 as follows: The First National Bank of Boston $250,000 2.38% 250,000 2.40% 750,000 2.45% Harvard Trust 250,000 2.39% 250,000 2.44% Newton-Waltham Bank & Trust Company 250,000 2.39% 250,000 2.43% State Street Bank and Trust Company 250,000 2.42% 389 Mr. O'Connell recommended that the contract be awarded to Grandview Contracting, Inc., Roslindale, who was the lowest bidder on sewer con- Sewer struction. The authority for this work is under Article 20 of the 1971 Construc- Annual Town Meeting. tion Upon motion duly made and seconded, it was voted to award- contract Contract 71-4-E to Grandview Contracting, Inc., Roslindale, for sewer lateral construction on East Street and York Street, in the amount of $125,348.50. Mr. O'Connell informed the Board that 20 of the 27 candidates took the Fireman's test last Saturday morning. The results are in and in- New terviews will be set up shortly, after which the candidates will be Firemen ranked and given agility tests. It is hoped to have the new men by early July. Mr. O'Connell discussed the request from the Lions Club to allow the 4th of July carnival to be set up on Thursday, June 29. This would mean that the workers would stay on the grounds for six nights July 4th instead of five. Carnival Mr. Bailey What kind of security is provided at the area? Mr. O'Connell A watchman would be provided that they would pay for. My main concern would have to do with the noise and is this some.. thing that would be acceptable to people residing in the area. Last year, we gave them the same restriction of coming one night before, but they arrived before the scheduled time and we had some complaints about the noise. We could give them the additional evening, with the understanding that special precautions be taken for the workers to be quiet. The Board agreed that the carnival workers could arrive on Thursday, June 29, with the understanding that a 9 00 a.m. curfew would be enforced. Chairman Kenney read a petition from the New England Telephone Company and Boston Edison Company for the relocation of a pole on Vinebrook Road; no hearing is necessary as the relocation is within the property bounds of the owner. Vinebrook Upon motion duly made and seconded, it was voted to grant per- Pole mission to New England Telephone Company and Boston Edison Company for Location the following location: Vinebrook Road Approximately 341 ft. northeasterly from Waltham Street, one ( I) pole, also remove one ( 1) pole. (This is at the subscriber' s request and no hearing is required) Chairman Kenney read a petition from the New England Telephone Long- Company and the Boston Edison Company for the relocation of a pole on fellow Longfellow Road. No public hearing is necessary as the relocation is Rd. Pole within the property bounds of the owner. Location 390 Longfellow Upon motion duly made and seconded, it was voted to grant permis- 9 sion to the New England Telephone Company and Boston Edison Company Road Pole for the following location Location Longfellow Road Approximately 950 ft. southeasterly from Burlington Street, one ( I) pole, also remove one 'CI) pole. Chairman Kenney read a notice from Secretary Davoren informing all cities and towns of the amendment on the jury service question- naires to include "Do you wish to waive any exemption from jury Jury service to which you may be entitled by law?" Question- Chairman Kenney The questionnaire we sent out includes this nacre question whereby women with minor children may waive the exemption. We will shortly publicize our new method of jury selection, and will also make public the results of the suit against the Selectmen. Mr. Legro It hasn't been dismissed yet. The Board agreed to await the outcome of the suit- before publi- cizing the method of jury selection. Chairman Kenney read a request from Ralph H. Hall, 1656 Massa- chusetts Avenue, for permission to use the Lincoln Street Dump site for tethered' be l loon flights. Mr. O'Connell Mr. Hall contacted me again this year for Permission and this request is as a result of my suggesting that he Request ask the Board. 1 have discussed this with the Hanscom Airport Balloon Manager as this is under the jurisdiction of the FAA, but their Plights traffic is such that they couldn't allow it. The Police have said that his flights, when using the land on Waltham Street and Route 2, have resulted in traffic congestion. The Police point out that a more severe problem of traffic would exist on Lincoln Street be- cause cars couldn't pull off the road when this event attracted the people. My recommendation is to deny the use of the Lincoln Street area, but to leave it open for Mr. Hall to discuss other areas in Town. Upon motion duly made and seconded, it was voted to deny the request of Mph H. Hall for permission to use the Lincoln Street dump site for tethered balloon flights. Upon motion duly made and seconded, it was voted to go Lnto Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of a matter of financial interest to the Town, it was voted to go out of Executive Session. NOW-Women Chairman Kenney read a letter from the Lexington Unit of the Appoint- National Organization for Women regarding the appointment of more meats women to Town Committees. J1 P7 After discussion, the Board agreed to Inform NOW that it is the policy of the Board to make appointments on the basis of the individual qualifications and experience of the particdlar person involved, and the Board wished to continue that policy. However, the Board encour- ages that they submit the names of some women who may be interested in an appointment to a Committee or Board, listing quallfications and particular experience or interests,. These would be taken into consider- ation for future appointments. Chairman Kenney read reports from the Planning Board and the Conservation Commission regarding a letter received from Benjamin A. Greene, Merrimack, New Hampshire, asking about the Town being inter- ested in the purchase of his property located at Route 2 and Spring Street. The Planning Board letter states that It had inquired of Mr. Greene whether the offer is divisible so that some, but not all , parcels or portions of land could be bought by the Town. Mr. Greene replied that they have under consideration the possible sale of the six parcels of land; said six parcels being completely free of any encumbrance; with taxes paid for the year 1971 . Greene The Planning Board believes that the decision of the Town to ac- Land quire the Baldwin-Hamilton land on the other side of Spring Street Rte. 2 and Concord Avenue largely meets the needs of the Town for open space in this area. The Board does not believe that a need exists in this area for a purchase of land at market prices for any Town purchase, end eecdmmends -thet ereene be advised to consider other buyers for his land, unless he is willing either to donate some part of his land or to sell it considerably below the market price. Mr. Greene should also be advised that the Planning Board isnot in favor of changing the zoning of the land to increase its value and marketability. The Conservation Commission report states that it had discussed the Greene land and while it feels it may have some merit as a picnic area or a small local park, it does not feel it fits into any overall Conserva- tion plan for the Town. The Board agreed to inform Mr. Greene that the Town would not be Interested in purchasing his property at this time. Chairman Kenney read a letter from the Board of Appeals that a hearing will be held on a request of Adolph Cuccinello, 92 Bridge Cuccinello Street, to subdivide his land. It points out that the Board of Land Selectmen granted partial deferments on July 19, 1971 for a period of three years. The Board agreed to inform the Board of Appeals that it is only interested in being informed if the land is sold; therefore, the de- ferment would no longer apply. Chairman Kenney read a letter of resignation from Charles T. Resigna- Abbott as a member of the Board of Appeals. tion Upon motion duly made and seconded, it was voted to accept the Board of resignation of Chartfes T. Abbott as a member of the Board of Appeals. Appeals 392v Chairman Kenney read a letter of resignation from Duncan E. Resignation MacDonald as an Associate Member of the Historic Districts Commis- Historic sion. Districts Chairman Kenney He was a nominee of the Cary Library. The Board agreed to write to the Trustees of Cary Library and request that a nomination be submitted for an appointment to the Historic Districts Commission. Chairman Kenney read a report from the Traffic Committee regard- Arlex Auto ing a request of the Arlex Driving School, 19A Depot Square, for a Parking reserved parking space. The Traffic Committee recommended against granting the request because the use of on-street parking by one particular business would reduce the total parking space available to the public, making an already bad shortage even worse. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee and to deny the request of Arlex Automobile School for one reserved parking space. Chairman Kenney read a report from the Board of Health regard- Common ing the renewal application from Alexander's Pizza, 180 Bedford Street Victualler stating that an inspection made on June 3 Showed that they had com- License plied with the regulations for proper garbage disposal and had pro- vided separate and adequate garbage disposal facilities after a violation notice had been issued. It is recommended that their Common Victualler' s license be approved. Upon motion duly made and seconded, it was voted to sign the Common Victualler's license for Alexander's Pizza, 180 Bedford Street. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Special Selectmen's Meeting held on May 25, 1972, as amended. Upon motion duly made and seconded, it was voted to authorize the Liquor I .D. Chairman to sign the Liquor I .D. Card for Wayne Douglas Johnson, 231 Bedford Street. Chairman Kenney read-a letter from Mrs. Amy Samoylenko of the Lexington Mews Trust regarding the possibility of Mr. Bonano, pre- spective tenant at the Lexington Mews, obtaining a liquor license for 00 Lexington his general store in order to sell wine for the convenience of his ', Mews Request customers in selecting cheese and wine at the same time. Liquor Selectman Busa abstained and did not participate in the discus- License sion. Mr. Legro The statute makes no provision for this type of license in connection with a general store. The Board agreed to inform Mrs. Samoylenko that the only type of liquor license which the Board is authorized, by vote of the Towns- people, to issue is the full liquor license. Also, the Board is not accepting additional applications for liquor license at this time; his request will be kept on file and he will be notified if applica- tions are re-opened. 393 III Chairman Kenney read a letter from Mayor Clark of Waltham regarding proposed Ancillary Manpower Planning Boards throughout the State. He sts that several individuals be nominated to serve on a board or subcommittee. Mayor Clark, as the chief elected official of the largest city or town within the planning area, is ex officio chairman of the Ancillary AMPS. Since the board cannot be composed of more than 33 members, and Manpower there are 16 communities, not everyone recommended will be able to Planning serve on the board but could possibly serve on its subcommittees. Board After discussion, the Board agreed to recommend Enrico Mongiello, Management Systems Analyst with the Town under the Emergency Employ- ment Act, and to contact Ephraim Weiss, Secretary and member of the Board of Directors of the Association of Technical Professions, Inc., to see if he would be interested in serving on the Ancillary Manpower Planning Board. Chairman Kenney read a letter from Mr. and Mrs. John D. Bentley, 47 Hosmer Street, Watertown, asking for information regarding tax title lots and scattered site housing in Lexington. After discussion, the Board agreed to inform Mr. and Mrs. Bentley that a I-year moratorium has been instituted on the sale of any tax title lots which could be used under the scattered sites housing plan, Bentley but to contact either the Housing Authority or the Lexington Commis- Scattered sion on Suburban Responsibility for further information. Sites Mr. Benjamin H. Golini , 35 Balfour Street, was present at the meeting and asked about his request to purchase the tax title lot adjacent to his home. Chairman Kenney Mr Golini had applied in 1968 and the Planning Golini Board recommended against the sale for the purpose of re-subdivision Tax Title and the creation of an additional substandard building lot. He again Lot applied and met with the Planning Board on February 14, 1972. It was the decision of the Planning Board to again oppose the sale because of the previous decision and, also, because of the policy relative to the use of tax title lots for scattered housing. Mr. Golini My proposal at that time was from my present lot to the adjacent lot, to bring it up to approximately 91 ft., a total of approximately 8500 square feet. If you look at the adjacent lots in the area, there are lots of 8100 sq. ft., and 8500 would be close to the norm. I re-applied earlier this year and it was referred to the `t Planning Board again. I now hear that these lots are available for building sites. Chaiirman Kenney Building sites only under a building plan and a proposal , none of which have been brought to the Board. That lot is one of the 38 lots put on the list by the Planning Board of possi- ble sites for building under scattered sites. The Board voted a moratorium of one year to allow time for the several organizations interested to have a proposal . Mr. Golini : The request was made before scattered sites. You are now saying there will be no decision until there Is a plan. 394 / Mr. Bailey It was made clear to you in 1968 when an inquiry was entertained. Chairman Kenney: We have voted a I-year moratorium and you may re-apply in one year. Mr. Golini If I could have that in writing.. . The Board agreed to defer action on Mr. Golini 's request to purchase the tax title lot adjacent to his home on Balfour Street. In the event no action has been taken on the lot within the coming year because of scattered site housing, Mr. Golini may re-apply to the Board. Chairman Kenney read an invitation to attend open house of the Charles River Watershed Association on June 7, 1972. No member of the Board is able to attend. Chairman Kenney read a request from Chief Corr to appoint Special Special Police Officers. Police Upon motion duly made and seconded, it was voted to appoint the Officers following as Special Police Officers Louis F. Grenier, Leonard N. Jones, William E. Maloney, Jr., John W. Maloney. Mr. McSweeney, Director of Public Works, showed a graphic sketch of the extension of the parking lot on Mariam Street and said that this area was staked out at the request of the Board. It should be Mariam St. of some assistance in considering the Chamber of Commerce' s request Parking Lot for additional parking. It will be necessary to remove a small amount of trees and brush, and to provide approximately 200 to 300 yards of gravel for grading and filling. Upon motion duly made and seconded, it was was voted to approve the concept of the extension of the Mariam Street Parking Lot, as proposed by the Director of Public Works. Summer The Board discussed the summer schedule and it was agreed to meet Schedule on June 26; July 10 and July 24; August 7 and August 21; September 5. Mr. Legro discussed the vote of the Board on February 19, 1969 to accept Chapter 174 of the 1968 Acts and Resolves. The Board had re- ceived a request from the Retirement Board asking that the Selectmen approve acceptance of Chapter 174, of the 1968 Acts and Resolves, as Retirement Lexington had not accepted the veterans' sections 56-59 of Chapter 32. Act Legislation enacted in 1968 forces us to pay our proportion of retire- ment of any person who worked for a time in Lexington and may retire from another city or town. There has been another Act since 1968, Chapter 143 of the Acts of 1971 , that Sections 56-59 be approved by a majority vote, provided it was done by January I , 1972. The problem is whether the action taken by the Board on February 19, 1969 can be resolved as it does not specifically state approval of sections 56 through 59.- Mr. Legro is to check further and come back to the Board. 39 The Board discussed appointments to the Lexington Commission on Suburban Responsibility. Mrs. Riffin: The Commission is going to make some recommend*- LCSR tion regarding the composition of the commission or the method of selecting the nominees. The Board agreed that Mrs. Riffin is to come back with a recom- mendation of the LCSR. Mr. McSweeney requested the extension of the time period on the dump stickers from June 30 to September I , 1972 in order to allow for Dump additional time to study the effects of the sticker procedure. Stickers Upon motion duly made and seconded, it was voted to extend the expiration date of the permits for the Hartwell Avenue Sanitary Land- fill from June 30, 1972 to September 15, 1972. The Board briefly discussed a proposal from Daniel Small regard- ing public Transportation. Public The Board agreed to refer the proposal to the subcommittee Transp. representatives to the Boston Transportation Planning Review, Selectmen Brown,, Donald Graham of the Planning Board, and Peter Chalpin of the Engineering Department. Mr. Brown is to set up a meeting to discuss the proposal with Mr. Small . Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the Executive public security, the financial interests of the Town or the repute- Session tion of a person. After discussion of matters of general interest, it was voted to go out of Executive Session. The Board discussed the request from William H. Ryan, Trustee of Central Lexington Real Estate Trust, for a transfer of stock of Vinebrook Corporation, formerly known as Connors Bros., Inc., to Daniel P. Busa. Vinebrook Upon motion duly made and seconded, It was voted to approve the Corporation request of William H. Ryan, Trustee of Central Lexington Real Estate Trust, owner of all issued and outlitandtngsstock of Vinebrook Corpora- tion, 1700 Massachusetts Avenue, Lexington, Massachusetts, for permis- sion to sell and transfer all said stock to Daniel P. Buse of 86 Lowell Street, Lexington. Also, to approve the New Manager, Daniel P. Buse. Upon motion duly made and seconded, it was voted to request approval of the Alcoholic Beverages Control Commission for the above transfer of stock and approval of the New Manager, Daniel P. Buse. Upon motion duly made and seconded, it was voted to adjourn at 10 30 p.m. A true record, Attest 1 e a! ' ecutive Clerk, Select SELECTMEN'S MEETING June 12, 1972 A regular meeting of the Board of Selectmen was held In the Select- men' s Meeting Room on Monday evening, June 12, 1972 at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riffin; Mr. O'Connell , Town Manager; Mr. Legro, Town Counsel; Mr. McSweeney, Director of Public Works and Mrs. McCurdy, Executive Clerk, were present. Reverend Handley met with the Board to request the appointment of Guides for the Town of Lexington for the coming season. Guides Upon motion duly made and seconded, it was voted to appoint the following Guides: Richard Abraham 19 Douglas Road Harvey Bass 30 Eastern Avenue Leslie Field I Patriots Road Henry Friedman 17 Oxbow Road Jeanne Ganshirt 48 Fletcher Avenue Brad Golden II Dane Road Bruce Labitt 30 Taylor Road Betsy Lehr 5 Chi Ids Road Susan Levine 361 Emerson Road Christine McCormack 32 Hayes Lane Jeff Moskow 31 Slocum Road Paul O'Shaughnessy 61 Ivan Street Richard Seaman 17 Hancock Street Steven Warshawer II Tower Road Doug Wissoker 7 Carley Road David Kornetsky 7 Rumford Road Re-appointed Mark Nichipor 9 Fairland Street Re-appointed Christopher Purdy 268 Lowell Street Re-appointed David Titus 80 East Street Re-appointed Kenneth Wissoker 7 Carley Road Re-appointed Hearing was declared open at 7:45 p.m. upon petition of Raytheon Raytheon Company for a license for below ground storage of a 5,000 gallon Gasoline gasoline tank on the premises at 141 Spring Street, Lexington. Tank A notice of the hearing was inserted in the June I , 1972 issue of the Lexington Minute-man and was sent by certified mail to the abutters as listed on the records of the Assessors. Application was approved by Fire Ohief Spellman. Messrs. George E. Luedke, Director. of Safety for Raytheon, and Bob Johnson of Raytheon were present at the hearing. ,_, Mr. Luedke explained that the new 5,000 gallon tank is to replace the old 2,000 gallon tank, and will be in the same location. Their fleet of cars is getting larger and the tank would not have to be filled as often. No one appeared in favor of the application. Mr. Edward Neidorf, 34 Shade Street, was present and requested more information on the reason for the new tank. Over the past years, we have been having various things like a variance and the water. Will Raytheon increase? When Raytheon moved in, they must have had some idea of the restrictions. Could this have an effect on insurance rates? If so, could we get something that sbows someone takes the responsibility? Mr. Luedke: I can't speak for Raytheon as to plans for building in the future but as far as a change in tanks, this would not affect anyone on insurance. It won't affect our own or anyone else' s insur- ance. I will show the plan of the location and explain it to Mr. Neidorf. Chairman Kenney to Mr. Neldorf: Do you have any objection? Mr. Neidorf No. No one else appeared in opposition and Chairmen Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Raytheon Company for permission to remove the 2,000 gallon underground gasoline tank and to install a 5,000 gallon underground gasoline tank on the premises at 141 Spring Street, Lexington; to issue a new license to keep and store 5,000 gallons of gasoline in one under+ ground storage tank to be used to service Raytheon Company vehicles. Hearing was declared open at 7 50 p.m. upon petition of the Mobil Oil Company for a license for below ground and above ground storage on the premises at 653 Lowell Street, Lexington. A notice of the hearing was inserted in the June I , 1972 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. Gasoline Attorney William J. Dailey, Jr., representing Mobil Oil Company, Station was present and explained that the application it for a new gasoline 653 Lowel service station which is to be built at North Street and Lowell Street. Street A permit has been granted by the Board of Appedls. The only remaining necessity after this will be a request for a sign. Chief Spellman has no objection to the location of the three tanks, 10,000, 8,000, and 5,000 gallons each. Some new stations have been requesting 26,000 gallon tanks but Mobil Oil felt that 23,000 gallons would be suffi- cient. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Mobil Oil Company to install three underground gasoline storage tanks, 10,000, 8,000, and 5,000 gallons each, on the premises I 39S at 653 Lowell Street, Lexington, and to issue a new license as follows To grant permission to keep, store and sell 23,000 gallons of gasoline; 500 gallons of waste oil, 500 gallons of fuel oil to be used to heat the building, all in underground tanks; 600 gallons of motor oil , 300 gallons of anti-freeze; 80 gallons of hydromatic fluid, 60 gallons Of brake fluid, all in approved containers above ground. Hearing was declared open at 7 55 p.m. upon petition of the New England Telephone Company to lay and maintain underground conduits on Waltham Street, Lexington. N.E. T. & T Notices of the hearing were mailed to the petitioner and owners Conduit of the property as listed on the petitioner's plan, and also filed Waltham and with the Director of Public Works. Forests Sts. Mr. Dunn, representing the New England Telephone Company, was present and explained that the petition is for a connection from the manhole at the corner of Waltham Street and Forest Street, and will be run into the housing for the elderly. 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 approve the following location, as petitioned by the New England Telephone Company Waltham Street Approximately 198 ft. of underground conduit; southerly from manhole 54/72, junction Of Forest Street. Hearing was declared open at 7 57 p.m. upon petition of the New England Telephone Company and the Boston Edison Company for a relocation of a pole on Waltham Street. Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan, and also filed with the Director of Public Works. Mr. Dunn, representing the New England Telephone Company, and Mr. Pratt, representing the Boston Edison Company, were present. N.E. T. & T Mr. Dunn explained that this petition is to get the pole out of Boston Edison the proposed driveway for the housing for the elderly. Waltham and Mr. O'Connell Will the service for the new housing go in over- Forest head or underground? Streets Mr. Pratt: I can't answer that. Mr. O'Connell I would comment that based on our experience at Greeley Village, I would recommend that if Boston Edison can do it, it should go underground. Mr Pratt I will check it out and call you. 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 approve the following location, as petitioned by the New England Telephone Company and the Boston Edison Company 399 Waltham Street: Southeasterly side, approximately 168 ft. southwesterly, from Forest Street, one pole, also remove one pole. Hearing was declared open at 7 58 p.m. upon petition of the New England Telephone Company and the Boston Edison Company for reloca- tion of a pole on Massachusetts Avenue. N.E. T. & T Notices of the hearing were mailed to the petitioners and Pole owners of the property as listed on the petitioners' plan, and also Boston Edison filed with the Director of Public Works. Mass. Ave. & Mr. Dunn explained that we are relocating the present pole back Worthen Rd. about 18 inches. 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 approve the following location, as petitioned by the New England Telephone Com- pany and the ,Boston Edison Company Massachusetts Avenue: Southerly side, approximately 50 ft. west of Worthen Road, one pole. (One existing JO pole to be removed.) Hearing was declared open at 7 59 p.m. upon petition of the Bbetbn Edison Company for the location of poles on North Street. Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan, and also filed Boston Edison with the Director of Public Works. Location of Mr. Pratt explained that the petition is for the purpose of can- Poles plating power service on North Street and to close the circuit on the North St. additional line. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly mode and seconded, it was voted to approve the following location, as petitioned by the Boston Edison Company: North Street: Southwesterly side, northwesterly from a point approximately 363 feet northwest of Lowell Street, four (4) poles. North Street: Northeasterly side, approximately 350 feet north- west of Lowell Street, - one ( I) pole. Mr. O'Connell recommended that a request for a transfer be ap- proved for the Town Clerk's Election Account No. 1950 in the amount Transfer of $3,680; this is approximately the amount which was spent for the Acct. 1950 Presidential Primary on April 26, and this will exceed the planned budget schedule and we would be over-expended by the September election. In connection with the primary, the additional cost of the special polling booths is borne in the Selectmen's Account No. 1900; I 400 I would suggest that we examine that account as we have the same poten- tial problem. Account No. 1950 has the cost of election workers and because of the paper ballots, counting could not start until well after the polls closed. We had well over 24 hours of coverage require- ments for special ballots and election workers. Ordinarily, we are finished by 9 30 or 10'00 p.m. Chairman Kenney With this transfer, you feel that this would suffice for the rest of the year? Mr. O'Connell Yes. If there are paper ballots, we woUld then have an additional problem. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from E & D to the Town Clerk's. Election Account No. 1950 in the amount of $3,680. Transfer Mr. O'Connell recommended that a request for a transfer be ap- Acct. 3450 proved for the Board of Health Account No. 3450 in the amount of $200 for the Rabies Clinic. We have had to purchase 1,000 doses of vaccine this year and the price has increased I7# cents a dose. There is also an increase in the number of dogs and there was a need for an addi- tional Doctor' s charge of $50. There was an additional cost of six cent post cards to send out notices of unlicensed dogs, and we over- looked this in the budget. We estimate 3,000 notices to be sent to owners of unlicensed dogs. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from E. & D to the Board of Health Account No. 3450 in the` amount of $200. Mr. O'Connell discussed coverage of the Planning Board for the Planning summer and informed the Board that well-known firms have been con- Board tatted and a proposal has been submitted from each. We expect we will be engaging the services of someone to start next week. Mr. O'Connell recommended the approval of two appointments to the Conservation Commission, Gary Larson, 570 Marrett Road, and David G. Williams, 2 Munroe Road. Mr. Larson is a professional Conservation Architect and the recommendation is strongly endorsed by the Conser- Commission vation Commission; Mr. Williams is a Senior Methods Analyst for Appointments John Hancock Insurance Co. Also, the recommendation is to re-appoint Mrs. Frick, whose term expires this year. There are two vacancies existing since the expansion of the Commission from five to seven members; one is to be a replacement for Stanley Brown. If approved, this would constitute a complete staff. Upon motion duly made and seconded, it was voted to approve the recommendations of the Town Manager for the appointment of Gary Larson and David G. Williams, and the re-appointment of Mrs. Angela Frick to the Conservation Commission for terms expiring April I , 1975. 1 401 Chairman Kenney read a request from Mrs. Howard A. LeVaux, II Old Shade Street, for a further reduction in her sewer connection charge. LeVaux After discussion, the Board agreed not to reconsider the vote of Sewer May10, 1972, which reducedconnection charge to 720 e the $900 sewer onne S , 9 and ,to so inform Mrs. LeVaux Chairman Kenney read a letter from Miss Carol Schreiber, 67 Turning Mill Road, that the barn owned by the Town on the former Hennessey property be rented to the public for a horse stable, at the rate of $20 or $25 per month, and that water could be obtained from the house which is owned by the Bergmeyers on Mountain Road in Lexington. Mr. O'Connell This is a small stable on a little triangle of land on the Hennessey property on the far side of the stone wall . I can find nothing to indicate that it was acquired for riding. It was acquired for sewer, water, drain, street, playground and recrea- tional purposes. We have had a number of inquiries and, in each Hennessey case, we said to individuals to give the Town a proposal on how it Stable would rent it. There are some problems that go with it, and I don't believe the Bergmeyers would appreciate the watering of horses with their water,. The building is in a so-so condition and there is a great danger of vandalism because it is relatively isolated. If the Town were to rent it for stabling horses, we accept the fact that this would produce additional riding on the Hennessey property. I get com- 111 plaints and it is not the proper use of the area. My suggestion is, if the Board wishes to have the building used, not to rent it to someone with a couple of horses but to an organization or someone in the business who would lease the building and sign an agreement to maintain it and take care of the associated problems. The 4-H applied for permission to use the area,and put up a riding ring and the Recre- ation Committee recommended against it, and told them to use the area at Willard' s Woods. After discussion, the Board agreed to inform Miss Schreiber that the Board has not rented the property for the following reasons, but if, in the future, some group can come up with a proposal which satisfies these objections, the Board would again consider the matter I . There are permits required both by the Zoning By-Law and the Board of Health regulations. ue 2. The Town would be very concerned with the question ion of responsibility and possible liability. Specific insurance requirements would have to be met. .,, 3. There is a problem of legal access to this barn and in the winter this becomes of practical concern since the approach is not plowed by the Town. 402 Chairman Kenney read a letter from William J. Manning, 20 Spring Street, regarding the condition of Spring Street. Mrs. Riff in I would ask Mr. McSweeney at what point in the procedure, relative to Spring Street, is the Committee on Streets? Mr McSweeney I believe we voted to go ahead on design and to hold the next hearing; to tag the trees and the suggested pavement. The hearing probably won't be until July, maybe not until after Labor Day. Spring Chairman Kenney It is up to the Street Committee to have the Street hearing. Mr. McSweeney They are waiting for us. It is recommended to go ahead with the design on it. Other then making design changes or utilities or drainage, we have to do all the profile and the plan. Chairman Kenney Is it your recommended design, from your department? Mr. McSweeney Yes. Mr. Buss I believe they are putting on the permanent patch on Spring Street. Mr. McSweeney We are doing the first part of it. The Board agreed to inform Mr. Manning that permanent patching on Spring Street is now underway and when the construction job is completed, the entire street will be cleaned. Chairman Kenney read a letter from the Trustees of Cary Memorial Perking Library regarding parking around the Library. Cary Upon motion duly made and seconded, it was voted to refer the Library letter to the Traffic Committee and the Director of Public Works for a recommendation. Chairman Kenney read a report from the Traffic Committee re- garding a letter received from Robert L Seaman, 17 Hancock Street, on increased traffic volume on Hancock Street. Traffic After discussion, the Board agreed to inform Mr. Seaman that Hancock St. no action would be taken at this time but a meeting is to take place shortly with the Planning Board to discuss the possibility of solutions to the growing traffic problem in the Town. Chairman Kenney read a report from the Traffic Committee re- Stop Sign garding the installation of a Stop sign on Westd$i$*er Avenue at Westminster Lowell Street, stating that four years ago, a proposal for a Avenue and Stop sign in this location had to be rejected because the traffic Lowell St. volumes did not meet State Warrants. New traffic counts will be undertaken when the workload of the Engineering Department will permit and the results reported. The Board agreed to accept the recommendation of the Traffic Committee that traffic counts be made, and to so inform Mrs. Eviler. Traffic Chairman Kenney read a report from the Traffic Committee re- Congestion garding traffic congestion, stating that an increase in traffic has led to traffic congestion and backups, particularly on Merrett Road 4.03 at Waltham Street, at the intersection of Woburn and Lowell Streets and in the Center. The increased traffic does not appear to be caused by the reconstruction of Route 128 north of Route 3 or by any other single condition. The Committee believes that the Board of Selectmen and the Planning Board should be apprised of the situation and antici- pate further growth of traffic, particularly as the employment situation gradually improves, and provide for relief measures before the conditions become intolerable. Mr. Bailey The Committee should have positive suggestions on re-routing or timing of lights, and it would be helpful; we should have good, solid professional advice. Mr. McSweeney That is what we are leading up to. The Traffic Committee is to submit recommendations to the Board. Chairman Kenney reed a letter from Mayor Clark of Waltham stating that the Office of Manpower Affairs has established a framework for setting up Ancillary Manpower Planning Boards throughout the State. He requests that several nominees be recommended to serve on en area Man- Ancillary power Planning Board or on a subcommittee. Since the board cannot be Manpower composed of more than 33 members, and there are 16 communities, not Planning everyone recommended will beableh board.Y en to serve on t • r Board Upon motion duly made and seconded, it was voted to nominate Enrico A. Mongiello, Management Systems Analyst for the Town of Lexington, under the Emergency Employment Act, and Ephraim Weiss, 462 Lowell Street, Lexington, as representatives of the Town on the Ancillary Manpower Plannfing Board. The Board agreed to inform Mayor Clark of the two nominations. Chairmen Kenney informed the Board that notice has been received of a new Manager of Buse Bros. Liquors, Inc., 131 -Massachlsetts Avenue. Upon motion duly made and seconded, it was voted to approve the Buse Bros. new Manager, Alexander Gusmini , of Buse Bros. Liquors, Inc., 131 Manager Massachusetts Avenue, Lexington and to request approval of the Alco- holic Beverages Control Commission. Selectmen Buse abstained. The Board discussed the letter from State DPW Commissioner Bruce Campbell stating that Chapter 634, Acts of 1971 authorized and di- rected the Department of Public Works to accept the transfer of title Vehicular to all vehicular bridges carrying public ways over the tracks or Bridges rights of way of railroads within the Commonwealth, title to which is now vested in cities, towns or railroads, or both. If your munici- pality has title to bridge(s) it desires to transfer to the Department of Public Works, please contact the DPW indicating the location of the structure(s) and the degree of responsibility the municipality has therein. A report was read from Mr. O'Connell stating that Mr. McSweeney advilses that the only bridge involved is the Boston and Maine Rail- road bridge on Maple Street which we understand is owned by the I 404 railroad; therefore, we expect that the State has or will take title directly from B & M. Mr McSweeney recommends, and I concur, that it would be desirable that the state also take title to the approach and sidewalk which are owned by the Town. I am providing Mr. Legro a copy of this material in case there is a question of whether the Board has the authority to convey without Town Meeting action. After discussion, Mr. Legro agreed to research the matter with the Division of Bridges and Ways. Upon motion duly made and seconded, it was voted to approve the character of the following who have applied for Certificate of Incor- poration and approved by Chief Corr Cert. of Howard G. VanAlstine 438 Lowell St. Incorp. "Waltham Masonic Building Corp." Lawrence J. Selig 19 Loring St. "Waltham Rental Housing Association, Inc." Chairman Kenney read a report from the Director of Public Works regarding a letter from Otto E. Tobiason, 127 North Street, concerning conditions in this area. The report states that the area would be Tobiason filled in to prevent illegal parking; if the Board favors a petition Complaints to install poles on this portion- of North Street, the addition of North St. approximately two or three street lights at $108 per year; the prob- lem of constantly burning street lights is because new electric eyes are needed, and this has been reported to Boston Edison; drainage problem on Hancock Street at the railroad crossing will be corrected this year with money appropriated at the 1972 Annual Town Meeting. The Board agreed to accept the recommendations of the Director of Public Works and to so inform Mr. Tobiason. The Board discussed the list of recommended street lights sub- Street mitted by the Director of Public Works. Lights Upon motion duly made and seconded, it web voted to table the list of street lights until more information is received from the Director of POblic Works. The Board discussed appointments to the Board of Appeals because Board of Ap- of a vacancy due to the resignation of Charles T. Abbott. peals Appt. Mrs. Riff in nominated Mrs. Ruth Morey and Mr. Brown seconded the Ruth Morey nomination. Upon motion duly made and seconded, it was unanimously voted to appoint Mrs. Ruth Morey a member of the Board of Appeals to fill the unexpired term of Charles T. Abbott to March 31, 1976. III Appt. Mr. Buse nominated Mr. Robert Cutaldo as an Associate Member of Assoc. the Board of Appeals to fill the unexpired term of Mrs. Ruth Morey Member Bd. to March 31 , 1973; Mr. Bailey seconded the nomination. of Appeals Mr. Brown nominated Mr. Roland B. Greeley as an Associated:"Member of the Board of Appeals; Mrs. Riffin seconded the nomination. 4O Upon motion duly made and seconded, it was voted to appoint Mr Robert Cataldo an Associate Member of the Board of Appeals to fill the unexpired term of Mrs. Ruth Morey to March 31 , 1973. Chairman Kenney informed the Board that Attorney Tropeano is setting up a scholarship for Monsignor Casey and requests that the Proclamation Board endorse the establishment of this scholarship and to issue a proclamation. Upon motion duly made and seconded, it was voted to issue a proclamation endorsing the establishment of a perpetual scholarship honoring Monsignor Casey, and to urge all citizens and organizations to support the establishment of such a scholarship. The Appropriation Committee met with the Board at 9••10 p.m. Appropriation Mr. Furash: Do you contemplate a special Town Meeting? Committee Chairman Kenney We have had no official requests before us. There has been some talk about the Regional Vocational School request- ing one between September and October 5. Mr. O'Connell It is my understanding that the Regional School Committee would write to the Board and formally request a Special Town Meeting. Mr. Furalsh With this in mind, we think it unfair to hold a meeting in September; if a meeting is requested, it would be our preference to have the whole month of September to prepare for one. Mr. O'Connell The earliest date mentioned was September 20. Procedure on land acquisition was discussed and the Appropriation Committee was informed that a subcommittee had been appointed, with Land Mr. Busa as the representative of the Board. Acquisition Mr. Buse We have had three meetings and now have finalized the procedures, which three members of the Committee are going to put in a form that will be understandable for all committees involved. Mr. Furash It is my understanding there would be no problems. Mr. Furash requested that because of the lateness of the Reserve Fund transfers last year, the Board conduct an official review with each department prior to November I , indicating that their spending is realistic, with the approval of the Town Manager. 1973 is the be- ginning of the 18-months budget and we want to conserve as much as we can in the Reserve Fund. Mr O'Connell agreed. We are looking at meeting a target date - Budgets to be in the hands of the Board of Selectmen in November. Mr. Furash It is important for us to have discussion of person- nel needs and to meet in December on people structure. From time to time we review the Public Trusts and in discussions with Mr. Morey, funds are available to relieve current expenditures. There are a number of trusts relating to the care of various parks. The Geneva Brown income seems to be piling up, but it could be used for relief of maintenance expenditures. We wonder whether certain funds set aside for the indigent poor could not be applied to various services for the 406 elderly or in terms of support we now give to the Golden Age Club. I would suggest that there are some that clearly state that the income ought to be spent annually. We would ask you to take a good, hard look at these and get back to us. I would work with the Board on talking to the Trustees to spend the funds. If there is some manner in which we could support you, we would try to be helpful . Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputa- tion of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at II 00 p.m. A true record, Attest eilvjAA--1 --)k" ecutive Clerk, Selectmen 111 i 407 SELECTMEN'S MEETING Special June 20, 1972 A special meeting of the Board of Selectmen was held in the Selectmen' s Meeting Room on Tuesday afternoon, June 20, 1972 at 4 30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs Riff in; Mr. O'Connell , Town Manager; Mr. McSweeney, Director of Public Works and Mrs McCurdy, Executiiie Clekk, were present The contract for air conditioning the Police Station was discussed. Upon motion duly made and seconded, it was voted to sign the con- Police Air tract awarded on May I , 1972 to Cooling Systems Engineering, Inc , 72 Condition- Walnut Street, East Dedham, for air conditioning the police Station, ing in the amount of $19,677, subject to approval of Town Counsel . Contract Chairman Kenney informed the Board that Chief Corr had recommended that Edward E. Abell , retiring Lexington Director of Physical Education, Special be appointed a Special Police Officer for a term expiring March 31, 1973. police Upon motion duly made and seconded, it was voted to appoint Edward E. Abell a Special Police Officer for the Town of Lexington for a term ex- piring March 31 , 1973. The Board of Assessors met with the Board to discuss the 1972 Tax Rate . Mr Grush We would like to have the tax rate announced in order to process the bills and start the monies coming in again. We have gone into the problem of determination of the rate more so this year, due to the uncertain future of the 18 months fiscal year coming up. I don't know how the mechanics will work out, either for billing or what arrange- ments can be made for free cash for the 18 months. While we could pos- sibly scrape by as we did last year and maintain the same tax rate, it 1972 Tax would leave the Town too unmaneuverable Therefore, we determined the Rate rate of $65. Chairman Kenney Very good. The Townspeople will feel it remains stable as it is still the same rate as of 2 years ago; particularly taking into consideration the 18 months period, and having extra money in E & D. Mr. O'Connell I emphasize that the most difficult problem, as related to the 18 months period, is E & D It is generated in 1972 and is normally expected to carry us for a year, but it has to carry us for 18 months. That is where the tax rate becomes significant. Chairman Kenney We anticipate School Building Assistance going up due to an increase in reimbursement on the new Junior High School from 50 percent to 65percent. We will receive Highway Funds df $132,000 and $84,000 from the State Lottery. MBTA charges will increase $84,000, for a total of $369,545 representing an increase of 30 percent. 408 Mr Grush We would have about $275,000 in free cash. Chairman Kenney All in all , we are very pleased that it is possible to have this tax rate Mr Grush There is a stable line there but I would anticipate it going up next year. The Board of Assessors will set the 1972 tax rate at $65.00, with the School Rate at $40.38 and the General Tax Rate at $24.62. The Board of Assessors retired from the meeting Chairman Kenney informed the Board that Mr. McSweeney recommends the sale of surplus equipment from the North Lexington Pumping Sta- Sale of tion to New England Electric Motor Service Corp. , the only bidder, Surplus In the amount of $800. Equipment Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works for the sale of sur- plus equipment from the North Lexington Pumping Station to New Engladd Electric Motor Service Corp , 214 Arlington Street, Chelsea, Mass., in the amount of $800, as authorized under Article 88 of the 1972 Annual Town Meeting. Upon motion duly made and seconded, it was voted to adjourn at 4 45 p.m A true record, Attest -)N4A- Icj,) Executive Clerk, Selectmen 409 SELECTMEN'S MEETING June 26, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, June 26, 1972 at 7 30 p.m. Chairman Kenney, Selectmen Bailey, Busa, Brown and Mrs. Riff in; Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mr. McSweeney, Direc- tor of Public Works; and Mrs. Mascetta, Acting Executive Clerk, were present. Reverend Handley appeared before the Board with two candidates to be appointed to serve as Guides to tourists in Lexington, for a term expiring April I , 1973 Reverend Handley introduced Spencer White to the Board as having passed the necessary examination to be a Lexington Guide. Appointment It was moved by Selectman Busa, seconded by Selectman Bailey and of Lexingto unanimously voted to appoint Spencer White, term expiring April I, Guides 1973. Reverend Handley introduced Doug Wissoker to be appointed Guide * after having passed necdsaary examiitation. Chairman Kenney presented the new guides with the official badge, pointing out the importance of their responsibility and wished them "Good Luck". Mr. O'Connell I would like to speak on an item of interest to the Board There are four candidates,for appointment as firemen. They are excellent candidates. Candidates Four John Grant 166 Lowell Street, Lexington Firemen Kenneth J. Donnelly 22 Sylvia Street, Lexington Daniel Whitney 44 Fletcher Avenue, Lexington John Tobias 198 Massachusetts Avenue, Lexington The appointments of the above listed will fill all vacancies in the Fire Department. Mr O'Connell explained to the Board the workings of a new Youth Corp Program under the direction of the Federal Government. The Program has an allowance for 300 openings and it is hoped that all Youth Corp communities in the area will cooperate and participate. There are Program three stipulations governing those eligible to work I) Ages between 14 and 21 2) Still enrolled in school 3) Family income below govern- ment standards (harsh limit) . The rate of pay is set at $1 .70 per hour. There is up to four hours each week allowed for 'release time' for those students requiring summer school . We have been asked to recruit young people. Candidates are being sought. Lexington may have 14 to 20 jobs through this program. There are presently about 30 potential candidates. Just the fact that Jobs are being generated for the youths makes all efforts well worth while. * It was moved by Selectman Bailey, seconded by Selectman Bursa and unanimously voted to appoint Doug Wissoker a Lexington Guide, term expiring April I , 1973. 410 Planning Bd. Mr. O'Connell informed the Board that Chardes Downe of Needham is Agent filling in on a part-time basis as Planning Board Agent temporarily on Temporary a consultant basis. Mr. O'Connell The Board will recall that we were to review and make recommendation on equipment most needed by the Town. There is a great need for one new radio for the Department of Public Works. One Radio of the ambulance radios is not operating properly. It is obsolete, DPW therefore cannot be repaired. I recommend that a second radio be added to the Department of Public Works, the cost of which is $745. It was moved by Selectman Buse, seconded by Selectman Bailey and unanimously voted to authorize the purchase of a second radio, as recommended by Mr. O'Connell . Chairman Kenney read a request frau Mrs. Nancy B. MacKenzie, 13 Maple Street, to change the polling place presently at the Adams School to the Bowman School . Request for Chairman Kenney also read a report submitted by the Town Clerk Change of explaining that neither the Adams School or the Bowman School has Polling good points, and present problems as polling places. Miss McDonough Places suggested that perhaps the Clarke Junior High School , upon completion, might be considered. Mr O'Connell advised the Board to make no decision at this time. Chairman Kenney explained that changes in polling places may be necessary in the near future due to a pending Bill in the Legislature. The Board agreed to take no action at this time and Mrs. MacKenzie should be so informed. Chairman Kenney informed the Board that communication was re- ceived from the State Department of Public Works requesting that proper forms be prepared and filed for the acceptance of State Aid- Highways. Highways Mr John J. McSweeney submitted prepared forms, as directed by State Aid the Board of Selectmen, for acceptance of State Aid In the amount of $50,250 for 1971 and $100,500 for 1972 in accordance with Section 14, Chapter 497 of the Acts of 1971 Motion by Selectman Busa, seconded by Selectman Bailey and unani- mously voted to sign prepared forms and forwarded same to the State District Highway Engineer, District #4. The Board received a letter from Attorney Jack J. Moss, represent- Turning Mill ing property owners on Turning Mill Road, requesting information as to Rd. Request how quickly sewer lines could be installed in that area. The high for Sewer water table causes problems with the functioning of the septic tanks. Mr. McSweeney reported that the engineering department has made a number of studies and has engineering data for sewering in that area. The Board agreed to inform Attorney Moss that he should re-apply this fall to the Director of Public Works in order that this may be included in the 1973 sewer budget. Should he have any further questions he should contact Mr. McSweeney. 411 V Chairman Kenney advised the Board that Mr McSweeney had submitted a progress report for trunk sewer installation in the Battle-View area. Battle-View The project will cost in the vicinity of $325,000 and will be adver- Sewer tised for bids early in October, 1972 for sewer and laterals in the Battle-View area. The easement plans for the takings necessary to complete the 1972 drain construction on Wood Street, Marrett Road and Hancock Street Takings were submitted to the Board for review and acceptance. Drain Ease- Mr. McSweeney explained the plans in order that the Board have a ment Wood full understanding of the design and locations in each project. St. Merrett Motion by Selectmen Busa, seconded by Selectman Bailey and Rd. Hancock unanimously voted that it is the intent of the Board of Selectmen to St. take the necessary easements thereby allowing Mr. McSweeney to obtain the necessary appraisals and descriptions for the final consideration in the takings on Marrett Road, Wood Street and Hancock Street. Mr. McSweeney explained the proposed alterations to the East Street and Lowell Street intersection, as submitted by District #4 of the State Department of Public Works for the installation of traffic Alterations signals. The purpose of this plan is to allow Lexington the oppor- East & tunity to review same and permit the Director of Public Works to submit Lowell Sts. his comments. Mr. McSweeney indicated that the island within the Intersectioi intersection may have to be removed Upon completion of review and discussion, it was agreed that a meeting be scheduled between the Board of Selectmen, District N4 of the State D.P W. and Mr. McSweeney to discuss the need for the island as indicated on the plan. Mr McSweeney feels that this island presents a safety hazard. Chairman Kenney read a letter from Mr. Campbell , Commodore of the Lexington Yacht Club expressing their desire to present flagship °Zero" to the Recreation Department. Mr O'Connell I have checked into the authenticity of the flag- Gift- ship "Zero" and wish to report that it is a 10 foot plywood row boat. Flagship I see only one problem; how to secure it for night storage. There is "Zero" presently a shelter being built that will house the row boat. The Board thanked Mr. Campbell for the generous gift of the row boat and authorized the Town Manager to determine a suitable use of the gift. Chairman Kenney read a letter from Jay R. Sklar expressing con- cern and interest for a local transportation system for Lexington. Selectman Brown reported that a previously appointed committee Committee consisting of himself, Mr. Peter Chalpin of the Engineering Depart- Local ment, Mr. Doaald Graham and Mr. Daniel Small have met with the Boston Transporta- Planning Review Committee to discuss the advisability and practice- tion System lity of setting up a local transportation system. The committee is in hopes that within two weeks information will be available to indi- cate the needs of such a system. There is a problem just in collecting 412 information to be used. The Planning Review will set up a system indi- cating what information we should have for organization and direction. Summer months present a disadvantage in getting this under way Basically the problem is how to collect the necessary information that is needed before next fall, or, how will we go about it all next fall . There is no conclusion at this time as to how helpful this committee can be. Mr. Brown will submit a further report to the Board in about two' weeks Sewer. Con- Upon motion by Selectman Bailey, seconded by Selectman Buse, it tract East & was unanimously voted to sign Contract #`71-4-E for sewer lateral con- York Sts struction on East Street and York Street between the Town and Grandview Construction, Inc in the amount of $125,348.50. Chairman Kenney read a letter from Mr. Robert H. Starrett of Problem Starrett Associates, Inc relative to a problem at the intersection of Intersection MapJs Street and Lowell Street. Mr. Starrett suggests that left-turn Maple & arrows be painted in the left lane of Maple Street and that a " left Lowell Sts. turn only" sign woul-d be helpful . The Board discussed the issue and agreed to refer the matter to the Traffic Committee for study and recommendation. Mr. Starrett is to be so informed The Board reviewed, with interest, a communication from the Lexington Conservation Commission of the possible availability of certain areas of State-owned land in the vicinity of the Metropolitan Conservation State Hospital . Land It was moved by Selectmen Bailey, seconded by Selectman Busa and unanimously voted to make necessary arrangements with the Conservation Commission and Dr. Ronald Ebert, Chairman of the Land Use ComMi5Sion to further discuss the possibility of acquiring some of the land in mention to be used as conservation land. Chairman Kenney read a letter of complaint from Mr. Jack J. Strominger, 2030 Massachusetts Avenue, requesting that something be Complaint done about the bright lights on Massachusetts Avenue at the corner of Lights Worthen Road Mass. Ave. Mr Strominger suggests the possibility of installing a time switch to automatically turn the bright lights off after 10.00 p.m. or the installation of shades to prevent the bright glare of lights into him home The Board agreed to refer the matter to Mr. McSweeney to check the possibility of having shades installed on the lights that are causing the nuisance. Mr. Strominger is to be so advised. Notice ABC The Board received notice from the Alcoholic Beverages Control July 4, 1972 Commission regulating business hours on Independence Day, July 4, for all of Lexington' s licensed liquor establishments. 413 Upon motion made by Selectman Bailey, seconded by Selectman Brown, it was voted that Package Goods Stores are to remain closed on Inde- pendence Day, July 4, 1972; Motels, Restaurants and Clubs may sell alcoholic beverages during the usual hours. Selectman Busa abstained from discussion and the vote. Chairman Kenney read a request from the President of the Pre School P.T.A. that a swimming lesson program for pre-schoolers be pro- Pre vided by the Town during this summer. School Mr. O'Connell advised the Board that this program is not within P.T.A the budget of the Recreation Department this year. Last year the "Res" staff , in their own eagerness, had classes for children under five years of age It was well received but not realized that most of the time in- volved was donated by the staff . Demands became rather severe. The staff indicated that many times there was harassment from some of the parents of these children. The Recreation Department reviewed this program carefully this year. The Director and staff recommended against this program primarily because of the budget limit, lack of sufficient staff and existing situation at the "res" at the present time. Mrs. Sandra S. Aghababian, Chairwoman of Community Projects ex- pressed disappointment that the program is not available this year. Mrs. Pam Rogers, President of the Pre School P.T.A. I would like to see something done because these children will lose out this year. Many parents are upset that this program is not being offered this year Mr. O'Connell The old "res" is open to all children, if they are interested. Parents can bring their children to the reservoir and are free to teach their own children to swim. Chairman Kenney It is evident that a good deal of considera- tion was given this program but that the limited budget and staff did not allow it this year. Selectmen Busa Originally the old "res" was to be for families for free swimming. Programs are provided for residents at the new facility, and the old "res" should be left for free family swimming. Mr O'Connell informed all present that the program for swimming lessons for pre-schoolers to be provided by the Town will be studied carefully this year to see if it would be feasible to provide such a program another year Chairman Kenney read a communication from the Middlesex Bar Asso- ciation asking that the Town consider a fall program of community Bar education in practicle law. This will be offered by a volunteer com- Association mittee of attorneys and lay-people. Selectman Busa suggested that this should be referred to the School Committee as it is his feeling that this would come under "education". The Board agreed to refer this matter to the School Committee and that the Middlesex Bar Association be so advised. 414 Bond Motion by Selectman Busa, seconded by Selectman Bailey and Asst Town unanimously voted that Bond #32-51-32 in the amount of $2,000 cover- Clerk ing Norma B. Jervis, Assistant Town Clerk, be accepted and approved. Motion by Selectman Busa, seconded by Selectman Bailey, and Minutes unanimously voted to accept the minutes of the following meetings Accepted Special , May 12, 1972; Regular and Executive, May 22, 1972, Regular May 30 and June 5, 1972. Five Fields, Inc. has requested permission to hold its annual July 4th square dance to be held July I , 1972, from 7 15 p.m. to II 30 p.m. on the street at the corner of Barberry Road and Field Permit Road Five Fields Selectman Bailey noted that it has been the policy of the Board July 4th to issue such permits up to II 00 p.m Selectman Riffin amended the request to read that the Board grant permission to Five Fields, Inc. to hold their annual July 4th square dance on July 1 , 1972 on the street at the corner of Barberry Road and Field Road from 7 00 p.m. to II 00 p.m. with a rain date to be Sunday evening, July 2, same hours. It was so moved by Select- man Riffin, seconded by Selectman Busa and unanimously voted Chairman Kenney read the letter of resignation received from Daniel P. Busa as a member of the Lexington Commission of Suburban Resignation Responsibility, to be effective Immediately. L.C.S.R. It was moved by Selectman Bailey, seconded by Selectman Brown and unanimously voted that the Board accept the resignation of Mr. Daniel P. Busa as a member of the Lexington Commission of Suburban Responsibility. Selectman Riffin requested permission to speak about the change of format being considered relative to appointments to the Lexington Commission of Suburban Responsibility. The representative from the Civil Rights Committee and from the Parent Teachers Association will be removed from the list of Representing Committees. LCSR Mrs Riffin outlined the recommendation that nominees consid- Format ered for appointment to the L.C.S R. consist of a town employee iWho- resides in Lexington; a lexington teacher who may or may not reside in Lexington; two members-at-large that the Board of Selectmen may nominate. Selectman Busa Why enlarge a Committee that is working well? Selectman Brown Why must the town employee be a town resident? If a town employee shows strong interest in the town and is active, he cannot serve this committee only because he is not a resident. After further discussion, it was moved by Selectman Busa, seconded by Selectman Brown and unanimously voted to revise the membership list of the L.C.S.R to include one employee to be recom- mended by the Town Manager, one Lexington teacher who may or may not reside in the Town; two members-at-large to be nominated by the Board of Selectmen. 415 Selectman Riff in noted that all of those considered for appoint- ment should have expressed an interest in serving. If there is not an expressed interest, there is a weaning of activity and participa- tion. It is those who express interest in serving that make the best members. Chairman Kenney In writing to the appointing authorities, I will suggest that in making their appointments they seek out those who express an interest in serving. Mr. McSweeney submitted a summary of the street lights as re- quested by the Board. The lights are installed on an annual rental cost. The list as submitted presents a cost of $3, 100.08 which is not in the budget. If the request for the installation of these Street lights is submitted now they will be installed within about three Lights months. Chairman Kenney 1 feel that we should request that these lights be installed. It is time to face the fact that we must install these lights. Motion by Selectman Busa, seconded by Selectman Bailey and unani- mously voted to instruct the Director of Public Works to order from Boston Edison Company street lights totaling a cost of $3, 100.08 to be installed on the following streets Albemarle Avenue Laconia Street Philip Road Dudley Road North Street Williams Road Brookwood Road Norton Road Wyman Road Fairfield Drive Park Drive Village Circle Chairman Kenney read a request from Eugene B. Skolnikoff for withdrawal of an earlier request for a sewer connection at his home at 3 Chandler Road. Mr. McSweeney reported on the existing situation indicating that the records of the Board of Health show no complaints relative to malfunctioning septic tanks in this area and recommends dropping this sewer extension which would cost the Town $9,000. Motion by Selectman Brown, seconded by Selectman Bailey and Request to unanimously voted to accept the recommendation of the Director of Withdraw Public Works to delete the installation of the sewer extension to Sewer 3 Chandler Road. Connection A proposal was submitted by Barnes Engineering Company through our Director of Public Works for furnishing and installing 8 (eight) Property property markers for the Woburn Street School site, as follows Markers Woburn St. Item I 8 Concrete Bounds IV $35 each $280 School Site Item 2 a Granite Bounds @ $60 each $480 It was recommended by Mr McSweeney that the Board approve the proposal for the installation of the 8 Granite Bounds. I 416 V Motion by Selectman Bailey, seconded by Selectman Busa, and unani- mously voted to approve and award the contract to Barnes Engineering Co. Inc., II Lexington Street, Auburndale, Massachusetts, for the installation of 8 (eight) Granite Bounds at the Woburn Street School Site in the amount of $480. A group of residents from Lillian Road appeared before the Board with a petition stating that they are not in favor of the in- stallation of a sidewalk along Lillian Road. This petition was signed by 34 residents of the area and reads as follows We, the undersigned, being residents and property owners on Lillian Road wish to inform the Board of Selectmen of the Town of Lex- ington that we are not in favor of the construction of a sidewalk on Lillian Road for the following reasons I . We feel that sidewalks will not control speeding . It may give fast drivers a false security and excuse to maintain speed 2 Grammar school children are picked up by school bus. 3 We feel that sidewalks do not enhance appearance of Petition property. Lillian Rd. Residents 4 We believe that a sidewalk is an unnecessary expense to the Town and property owners Chairman Kenney made reference to the original petition dated September 17, 1971 that was signed by 12 residents of Lillian Road which reads as follows We, the neighbors of Lillian Road, are concerned about the safety of our children. Since our street is part of a connection between Lowell Street and Massachusetts Avenue, we note ever in- creasing traffic usage, often at high speeds. Many of our children are school age or younger, and must use the road when walking to and from the bus stops. One of these, at the corner of Anthony Road and Lillian Road, where they wait for the bus, deserves particular attention. We appeal to you to investigate the possibilities of signs, use of radar, use of bumps, or sidewalks to alleviate this problem. For further information, please contact Mrs. Robert Furman, 862-6895. Chairman Kenney At that time, the petition was referred to the Traffic Committee and it was recommended to install a sidewalk. Mr. McCarthy, 7 Lillian Road The person that brought that peti- tion around said that they were not in favor of sidewalks. Most signers indicated very clearly that they were also not in favor. Selectman Busa But the original petition did contain a request for a sidewalk. 417 Mr. Francis B. Culbertson, 9 Lillian Road I did not see the I III original petition. I found that there is a petition, but I thought that it was to do something about speeding drivers. I do not be- lieve that a sidewalk will slow down traffic or speeding drivers. Chairman Kenney The original petition indicated "or side- walks to alleviate this problem" . That is what got the entire thing in motion. I would not like to see it go out now since we have completed most of the lay-out. Mr. McSweeney When you saw work forces out there, it came as a surprise to you? We have come through a complete budget review and news paper advertisements. The budget was reviewed and dis- cussed at Town Meeting . Selectman Busa 1 would like to take this under review until the next meeting . Chairman Kenney questioned if this delay would interfere with the present work schedule and found that it would not. After further discussion, it was moved by Selectman Busa, seconded by Selectman Riff in and unanimously voted that this matter be tabled for two weeks. Selectman Riff in reported that she had received two calls from residents relative to the fact that the upper floor of the Buckman Tavern is unsafe and closed to visitors For safety measures, could a survey be taken this summer in order to have the necessary informa- Condition tion ready should anything be done at Town Meeting next year. of Buckman Selectman Bailey Weeks ago I suggested to get things going on Tavern this. Chairman Kenney 1 received one call today to prompt the Histor- ical Society for action on what must be done Mr. Legro suggested that the lease be checked as to who is responsible for the maintenance of the building, Selectman Riff in will be in touch with members of the Historical Society. Upon motion by Selectman Busa, seconded by Selectman Bailey, it was unanimously voted to go into Executive Session for the purpose Executive of discussing, deliberating or voting on matters which', if made Session public, might adversely affect 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 go out of Executive Session. Upon reconvening the regular session of the meeting, the Board agreed to adopt the motions that were made in executive session, as follows Motion by Selectman Bailey, seconded by Selectman Busa and unani- Stankard mously voted to grant an extension of time to July 21 , 1972 for perfor- Bevington mance of the agreement on the taking of the Stankard-Bevington land. Land I 4 h Motion by Selectman Bailey, seconded by Selectman Brown and unanimously voted to amend the agreement to change the lot line as indicated on the plan. Motion by Selectman Bailey, seconded by Selectman Busa and unanimously voted to adopt the order of taking and award damages in the amount of $23,000 to Alfred J Bevington, Jr and Mary E. Stankard. Motion by Selectman Bailey, seconded by Selectman Busa and unanimously voted that the meeting adjourn at 9 55 p.m. Acting Executive Clerk, Selectmen I 419 r- Ill ! SPECIAL SELECTMEN'S MEETING June 28, 1972 A special meeting_ of the Board of Selectmen was held in the Select- mens Meeting Room on Wednesday, June 28, 1972 at 4 30 p.m. Chairman Kenney, Selectmen Bailey, Busa, Brown and Riffin; Miss Mary McDonough, Town Clerk; Mr. O'Connell , Town Manager; Mrs. Mascetta, Acting Executive Clerk, were present. Chairman Kenney Last Monday evening we discussed the pending bill in the Legislature and if this should pass it may be necessary to change the polling places due to re-precincting If we do not change the pre- cincts now and wait until next year, it will cause much confusion for voters at State elections. Our small precinct now consists of 4838 inhabitants and the large, 6440. Selectman Bailey It appears evident that re-districting is neces- sary. Chairman Kenney Re-districting will cause changes in our Town Meeting Representatives. Mr O'Connell has investigated and reminded the Board that of the 198 Town Meeting Representatives, plus 10 at large, one third are elected each year. Nine, eleven or twelve precincts were considered Re- and I feel that there is no need at this time for tw+fJve; It is Just Precincting not practical. I feel that eleven would be preferred above nine but there may be a legal question on this. Mr Legro has indicated to me that eleven would not be applicable yet The Town Clerk is to check in five years to see if we had come over the 4,000, which would require a change again. Miss McDonough Maybe next week the bill will be signed. Repre- sentative Cole will ask the Governor to hold on the signing of the bill for 10 days. Mr. O'Connell There may be a question of eleven precincts being legal The present population is approximately 33,500; in 1965 there were approximately 31,588. Selectman Buse requested that Mr O'Connell list approximate ex- penses that may be incurred in setting up eleven precincts. Mr. O'Connell The change could be made now with Town Counsel's approval , or should we await a directive. Selectman Bailey I am inclined to feel that we should solve this problem the best way possible at this time. Chairman Kenney We could take a conditional vote now for nine precincts. A computer could produce the trial-base figure breakdown. Consideration has to be given to further growth of the Town. The Board will consider nine precincts vs eleven precincts. Town Counsel will advise if it should be his recommendation that eleven precincts would not be feasible at this time. I __ 420 The Board discussed a raise in pay for a clerk in the office of Selectmen' s the Selectmen. Clerks Upon motion duly made and seconded, it was unanimously voteid to Salary raise Pauline Mascetta, clerk in the office of the Selectmen, from S-9-A to S-9-B for an annual salary of $7, 100. Upon motion duly made and seconded, it was unanimously voted to adjourn at 4:50 p.m. fl Acting Executive Clerk, Selectmen 421' SELECTMEN'S MEETING July 10, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, July 10, 1972 at 7 30 p.m. Chairman Kenney, Messrs Bailey, Busa, Brown and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr G. Warren Butters, President of the Historical Society, met with the Board. Mr. Butters The real purpose of this meeting is to acquaint you with the situation that faces us on the Buckman Tavern and we need assistance. There is a roof problem and water damage; water is running down the front in the inside, and there is damage to shingles, flashing, gutters, eaves and clapboards. This should be done. at once, and the financial responsibility is on the Historical Society. BUCKMAN $27,000 was spent in 1967 and the Town accepted the responsibility. TAVERN Since last October, we noticed buckling in the interior walls, the sides being forced out, the beams are settling down causing damage to the ceiling of the second floor We don't know what the cause is, but there is a weakness. It was temporarily shored up and it may not have been done right. We are not able to have visitors on the second floor The requirements are Structural engineering survey to - a. Examine, measure, determine tension, torsion factors of second floor and roof supporting members b. Analyze c. Isolate the cause d. Prepare and submit recommendations; short term vs. long term considerations e. Financial responsibility We are concerned about the visitors this summer; obviously, nothing can be done this summer but could be done in the fall . We need to find out when we can get bids and determine the schedule We are also con- cerned about the Bicentennial . We are in serious trouble as far as space to put things and we are continually getting documents and manu- scripts, and there is no space and no office We would like you to make a tour of all buildings, in particular Buckman Tavern to see the previous job done in the cellar in 1967 and to look at what we have to deal with today. Chairman Kenney I asked Town Counsel to review the lease because as you know, we have certain problems concerning the spending of Town funds. 422 Mr. Legro The lease dated August I , 1917 reads for 99 years, at the end of such term a new lease may be given or an extension. 1 think this type of work on buildings is similar to 1948 and 1967, in which case we prevailed upon the Legislature to authorize the Town to spend the money. I presume it is the same this year that there is no money? Mr Butters We ran in the hole mainly because of mainten- ance; as of June 30, we are $4,000 in the hole We have been hard put to make both ends meet. Mr. Legro: The only difference between 1948 and 1967 and the present time is the change by the Home Rule amendment requiring Town Meeting authorization of legislation of approval, and that would be required here. It is possible, and I would like to see if tried, if this is the approach taken to ask for an appropriation, subject to ratification of the Legislature, and set up legislation. Chairman Kenney If the Board is of the opinion that It is beyond the means of the Historical Society, that means Town Meeting and legislative action. For one thing, there would have to be a fairly reasonable estimate and it would be up to the Historical Society to somehow make the survey Mr. Butters We did this in 1967 and it might be $2,500. We would be prepared to furnish something definite to go on. There was an estimate of $2,500 to $3,000 on the roof . Chairman Kenney You would do well to hold the roof until the survey is finished; they may be inter-related. The possibility of a Special Town Meeting in the fall was dis- cussed and Mr. Bailey remarked that the Historical Society would have about two months to get the survey completed. Mr. Butters agreed. Mr O'Connell If approval of the Legislature is obtained in January, it might be possible to do the repairs in the winter. Mrs. Riff in When an emergency affects the situation, isn't there some way of getting it through the Legislature? Mr. Legro Implied there was some possibility of this. Mr Legro I think it is less flexible under Home Rule. We would have to know more about the problems. I haven't been able to see any remarkable difference from both previous occasions. Three Town Counsels have reached the same conclusions on the same situations and I don't see any substantial difference; they were dire emergencies and in 1967 it had to be done immediately. Chairman Kenney The course is fairly clear; Mr. McSweeney will look at the Buckman Tavern with one of his Engineers and the Board members will also look at it on next Monday. Then, the Board will discuss the matter once again. The Board agreed. Re- Mr O'Connell reported to the Board on the matter of re- precincting districting bill passed by the Legislature. August 15 was estab- lished as the deadline for information being submitted to the State. We are already proceeding with the preliminary work to 423 determine what the division of the Town would be, based on nine precincts. Our computer service is furnishing us with what amounts to estimate re- garding the population of any given area. I will bring the information back to the Board on not later than August I . We estimate the cost of computer service to be $500 to $750, depending on how good a manual cut we can make. We plan to bring it in first on nine precincts to see if that is satisfactory. I believe the Board is aware of the fact that once the reprecincting is done, all Town Meeting members will be up for election in 1973 Mr O'Connell is to come back to the Board with the information. Mr. O'Connell informed the Board that he had appointed Irving H. Permanent Mabee a member of the Permanent Building Committee to replace David Building Marshall . Mr Bailey is now liaison man for the Library addition. Committee Mr. O'Connell recommended that the Board approve a request for a transfer to the Police Department covering the cost of printing the revised Police Department Rules and Regulations. The cost of print- ing 700 copies and binders is $1 ,365, and it was not anticipated in Police the 1972 budget. Transfer Chairman Kenney They have been operating with regulations that have been so out of date. Upon motion duly made and seconded, it was voted to request the Appropriations Committee for approval of a transfer from the Reserve Fund to the Police Department Account #3800, in the amount of $1 ,365. At 8 00 p.m., hearing was declared open upon petition of the Bamboo Hut, Inc , 177 Massachusetts Avenue, for a liquor license. Mr. Winchell P.0 Woo, President of Bamboo Hut, Inc., and Mr. Daniel G. Yee, Treasurer, were present. Chairman Kenney Application was made on June 22, 1972 and a certified check for $2,500 was submitted with the application All abutters have been notified of the hearing. A legal notice was in- serted in the Lexington Minute-man issue of June 29, 1972. You will recall when they originally applied and presented the layout, there Bamboo Hut, were certain questions posed by the Building Inspector, Fire Chief Inc. and the Board of Health. We asked the Bamboo Hut to put on the plan as to how they would resolve these objections Do you wish to tell us why you want the license, and to say anything In your fevor2 Mr. Yee If we do get the license, the revised seating capa- city would be from 94 seats to 104 seats If we do get the license we hope it would increase our business tremendously. Chairman Kenney Does anyone else wish to speak in favor? No one spoke in favor. Chairman Kenney read the reports from the Building Inspector, Fire Chief , and the Board of Health Building Inspector' s Report The seating as proposed on the most recent plan has not altered the occupancy limits and are still acceptable. 424 The new plan also indicates the emergency lights and location of the fire extinguishers The second exit from the street floor level has been changed to an exit from the front of the building rather than the rear as originally proposed. The exit from the rear would be more desirable, but the two exits as proposed from the front would satisfy the requirements. In general I ' d say the new proposal with the indicated changes have incorporated the necessary requirements, although as pointed out above, the rear exit from the first floor would be more desirable. Fire Chief' s Report The recommendations submitted on May 8, 1972 are as follows. This department concurs with the Building Inspector' s report that the requirements as to the emergency facilities are necessary in the proposed alterations of this building. In the past the Fire Department has had problems and frequent inspections were, and are still necessary, to insure that the rear exits are maintained in proper order. The recommendations of this department are as follows: 1 . An adequate exit at the rear of the street floor level directly to the outside with panic hardware on the door. 2. Fire protected door at the top level of the stairs from the banquet room to the street level floor. 3. Rear exit of the banquet room to be adequate to control the passage of the patrons to the outside. This door shall also have panic hardware 4. Proper fire extinguishers at both restaurant and banquet levels. 5 All other exit and egress doors shall have proper safety hardware. Detailed plans 6f final alterations should be provided the Fire Department for evaluation and recommendations. The recommendations which this department requested on May 8, 1972 have been met with the exception of Number I , which reads as follows "An adequate exit at the rear of the street floor level directly to the outside with panic hardward on door". After seeing the plans as of this date (July 10), I also recommend that a door with louvers from the heater room to the outside be provided 25Boa42r- Board rd of Health Report An inspection was made of the Bamboo Hut to determine compliance with our local and state regulations for Food Service Establishments. The inspection indicated that there were several items in violation that needed correction and will be taken care of by the management. With respect to their application for a liquor license, an exam- ination of the renovation plans on file in the Selectmen's Office on July 7, 1972-did not show enough detail to determine if the proposed service bar would be adequate to handle the additional volume of dishes and utensils that the granting of this license would generate. The rest rooms being built in the basement were not ready for inspection. Until detailed plans are filed in the office of the Board of Health, approval cannot be given for the proposed renovation and mod- ification of their existing permit. Mr. Busa Were any provisions made in that plan for additional glassware or facilities to wash them? Chairman Kenney A conditional license could be granted, subject to adequate facilities for washing them. Mr. Buse A detailed plan must be provided with the application before a license is granted or discussed. There should be one. I don't think there is a provision in the law that an alternate plan can be changed on the application. It is my understanding that all details must be on the plan. Chairman Kenney I had understood that a license could be condi- tional . Mr. Legro A license can be conditional upon making the premises comply in a certain way. The Board must hear all the facts. Mr. Brown What is a conditional license - if they meet certain conditions, then they can proceed? Mr Legro The Board can approve a license but not issue it until the work Is done; if other things are met, you could approve it. Chairman Kenney Is anyone present in opposition to this appli- cation? Mrs. Dale Pothier, II Charles Street I don't think East Lexington needs a license, and they are allowed to bring in liquor. We had several problems last fall and it has been a little more quiet. I don't think a liquor license would bring back business that has dropped off . There were other reasons to be considered. I , for one, am opposed. Mr. Matthew Sullivan, 166 Massachusetts Avenue In the first statement, you said all abutters were notified. Who constitutes an abutter; I received no notification. 426 Mr Charles E. Bowker, 172 Massachusetts Avenue 1 am directly across the street. Since a year ago, there has been a decided im- provement in the Bamboo Hut. As neighbors, we feel increased activity of a liquor license would tend to activate factions in the neighbor- hood, which we all expressed at the prior meeting. I would like to be on record as opposed. Mrs. Patricia Swanson, 36 Charles Street If they serve liquor with meals in that type of atmosphere, and when they start getting into serving it until 100 a.m. , it is not what I would have voted for There is no other place open until 100 a.m. Chairman Kenney We have had requests from other establishments and have not given it to them, they are not requesting a license until 100 a.m. Man What time are they suppose to stop serving liquor? Chairman Kenney They would stop serving liquor at the time specified on their other license (common victualler) and we are talk- ing about II 00 p .m Mr Kenneth Pothier, II Charles Street They haven't abided by some of these rules. Liquor isn't going to make the food taste any better If I go to a place to eat, I want to enjoy the food; I go there mainly for the food. Chairman Kenney That is an individual preference. How many people are opposed? Twenty-five people at the hearing were counted in opposition. Mrs. Edith Figenbaum, 7 Charles Street I have been a resident of East Lexington for 47 years and don't feel a liquor license should be given for one reason, the 18-year olds. Right now, we have a lot of trouble and if they get liquor, they will be throwing cans and we will have to take them out of our bushes. If they destroy property, who pays for It? We can't do that and we don't get insur- ance for it, and I don't think they should get a liquor license and have things destroyed. No one else appearing in opposition, the Chairman declared the hearing closed and the matter taken under advisement. Later on in the meeting, the Board discussed the application. Upon motion duly made and seconded, it was voted to deny the application of the Bamboo Hut, Inc., 177 Massachusetts Avenue, for a liquor license, for the following reasons There was strong opposition recorded at the hearing by abutters and neighboring residents. No one spoke in favor There was no evidence presented to indicate a public need for a license at this location. The Board had to consider the prior complaints brought against your establishment by the Lexington Health Officer, and your plan still meets with objections stated by the Fire Chief. Mr. Busa abstained. 427 Chairman Kenney read a letter from the Cary Memorial Library Trustees nominating Mr Royston T. Daley, 2243 Massachusetts Avenue, Historic to fill the unexpired term to January I , 1973 of Duncan E. MacDonald Districts as an Associate Member of the Historic Districts Commission. Appointment Upon motion duly made and seconded, it was voted to appoint Royston T. Daley as Associate Member of the Historic Districts Com- mission for a term expiring January I , 1973. Chairman Kenney read a request from Mr. Charles Kennel , 121 Kendall Road, to connect with the Town drainage system in order to solve a serious water problem in his backyard. He states that if the Town authorities do not feel that this problem is one the Town can undertake to solve at its expense, he is prepared to carry out this project at his own expense; agreeing to see to it that the project is Drain carried out in accordance with such specifications as the Town Engi- Kannel nears consider appropriate. Request Mr Legro• We have released the bond in this area (Colonial Acres) . Mr. Busa Should we get an easement for that drain? We might have to be liable to maintain it under future ownership. The Board agreed to table the request pending a report from the Director of Public Works. Chairman Kenney read a letter from Mrs. Arnold Miller, 33 Young Street, stating it is unfair that the proposed sewer ends at 31 Young Street and her petition has been turned down for the past three years. Sewer-Miller A report from the Director of Public Works states that the Young St Miller property falls into Section B of Young Street, as listed in the 1972 Preliminary Budget. The break point was established by the existing ground elevations and cost analysis. The Board agreed to inform Mrs Miller that, for engineering purposes, the sewer was designed to end at the property abutting her home When her property is sewered, it will be coming from a differ- ent direction and it is recommended that she apply in the fall for consideration in the 1973 sewer budget Chairman Kenney read a letter from Mr Edward D. Duncan, 3 Wyman Road, suggesting that alternate streets be used to facili- Traffic tate free flow of intown traffic. Upon motion duly made and seconded, it was voted to refer the letter to the Traffic Committee. For the information of the Board, Chairman Kenney read the follow- ing notices from the State Department of Public Works Chapter 90 The Commissioners have assigned, subject to Legislative appro- East St. priatlon, the sum of $29,700 for the improvement of East Street, on condition that at least $14,850 shall be contributed by the Town and $14,850 by the county. 428 The Commissioners have assigned, subject to Legislative appro- Maintenance priation, the sum of $2,000 for the maintenance of Chapter 90 roads in Lexington, on condition that at least $2,000 shall be contributed by the Town and $2,000 by the County. Chairman Kenney read requests from Secretary Davoren to certify the character of persons who have applied for Certificate of Incor- poration. Upon motion duly made and seconded, it was voted to certify the character of persons who have applied for Certificate of Incorpora- tion Certificate of Incor- Kenneth Henderson 775 Massachusetts Avenue poration "Subud Boston, Incorporated" Mariam J. Donovan 37 Grapevine Avenue "Clifton House, Inc." The Board discussed a request from Secretary Davoren to certify the characters of Toby Armour Schneider and Steven J. Schneider, 103 Pleasant Street who have applied for Certificate of Incorporation "New England Dinosaur, Inc." to be located at 103 Pleasant Street. Chairman Kenney read a memo from the Building Inspector stating 103 Pleasant that 103 Pleasant Street is in a residential area. If the address is Street, Inc. being used for incorporation purposes only, and the corporation is solely for the purpose stated and, basically, the address is being used as a mail drop, it is his opinion this would not present a problem. Upon motion duly made and seconded, it was voted to inform Secretary Davoren that 103 Pleasant Street, Lexington, is in a resi- dential area and to conduct some of the operations contained in the purposes of incorporation woUld be in violation of the Zoning -By- Laws. Therefore, the location at 103 Pleasant Street is suitable only if it is used as a mail drop. The individuals named are of good character and reputation and have not been engaged in the illegal sale of intoxicating liquors or in keeping places of ill-repute or engaged in any other business or vocation prohibited by law. Chairman Kenney read an application from Mr. John D. Brucchi , Brucchi 63 Paul Revere Road, for a hackney carriage license Hackney Upon motion duly made and seconded, it was voted to table the License application pending further information from Mr. Brucchi . Chairman Kenney read a request from Mr. William R. Page, 25 Oakland Street, for an appointment to discuss consideration of an CATV Advisory Committee on the question of franchising Cable TV in Lexington. The Board agreed to invite Mr. Page to meet with them when the workload permits. 1 429 y , v , 97 Z. V L 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 Executive security, 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 and 'resume the open meeting. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on June 20, 1972. Upon motion duly made and seconded, it was voted to remove fham the table the petition of the residents of Lillian Road not to install Lillian Rd, the sidewalk on Lillian Road. Sidewalk Mr. Buse I spoke to the majority of the residents and to the Deletion original petitioners, Dr. and Mrs Furman of 18 Lillian Road and ex- plained the situation to them. The majority wish to be recorded with the others on the street in not having a sidewalk on Lillian Road. Upon motion duly made and seconded, it was voted to delete the sidewalk for Lillian Road from the 1972 Sidewalk Construction list Mr. John Maguire, Chairman of the School Committee, met with the Board to discuss the proposed single building maintenance organiza- tion. Chairman Kenney read a letter to the School Committee stating that in response to the request of a member of the School Committee, we are pleased to outline our views and the Board of Selectmen believes that the concept of a single building maintenance organization is sound and should be an objective toward which the Town should be working. . . Study A letter from the School Committee was read, stating that "while Committee we agree in principle that the idea has merit, there are many practi- Building cal difficulties which we can foresee. As you have suggested, Maintenance organization location is one matter that must be resolved, but there are others as well , including the important subject of overall financial benefit to the Town. We therefore concur with the recom- mendation that a committee be formed to study the feasibility of implementing uniform maintenance in Lexington and the conditions under which this plan could best function Mr. Maguire We are willing to study the feasibility because we want to make sure it is reasonable for Lexington - reasonable and efficient from the point of view of the School Committee. I have no objection to the study; the conclusion may be uniform maintenance under some body other than the Board of Selectmen. It could clear the air and satisfy ourselves there are enough savings. It could be a 4-man Committee composed of two from the School Committee and two from the Board of Selectmen; to report back at some time specified. It was agreed that the Board appoint two members and the School Committee appoint two members. IIIMr. Maguire retired from the meeting. 430 Later in the meeting, the Board voted the appointments Upon motion duly made and seconded, it was voted to appoint Selectman Fred C. Bailey and Walter C. O'Connell , Town Manager, to serve as representatives of the Board of Selectmen on the proposed committee to study the feasibility of a combined maintenance program for both school and Town buildings. (Later in the week, a letter was received from Mr Maguire notify- ing the Board that James Maclnnes, School Business Administrator, and John J. Maguire, Chairman of the School Committee, were appointed members of the Committee.) Chairman Kenney read a request from the Director of Public Works to sign water abatements. The reason for the numerous incorrect meter Water readings is due to the fact that we had two inexperienced men reading ' Abatements water meters because the two regular meter readers were out on sick leave Upon motion duly made and seconded, it was voted to sign the following water abatements John G. Desmond 5 Revolutionary Road $60.90 Meter read wrong Michael McCarthy 6 Revolutionary Road 46.97 Meter read wrong Mildred Johnson 26 Bedford Street 38.85 Wrong reading-Owner Veterans Hospital Spring Rd., Bedford 1178.21 Wrong information by Hospital Barry Orenstein 25 Skyview Road 18.55 Wrong billing W.H. Larsen 27 Skyview Road 8 75 Pit-Water off. Bernard Levinson 10 Coach Road 51 .51 Meter read wrong Robert M. Craig 9 Lincoln Terr. 22.58 Wrong reading-owner Richard I . Young 33 Fairbanks Road 27.77 Meter read wrong Bruce Gordon 19 Wachusett Drive 7.00 Wrong billing Josephine Philbrook 49 Grassland Street 8.75 Pit-water oft. Gaudet 12 Stedman Road 29 16 Meter read wrong Tony Cataldo 41 Rindge Avenue 8.75 Pit-water off. George Wouralis 137 Lowell Street 2.45 Wrong billing James Lettiere 6 Taft Avenue 7.00 Wrong billing Helen Ferreira 249 Marrett Road 5.95 Meter read wrong Gerald Friel 364 Waltham Street 133.70 Meter read wrong John Grabski 64 Blossomcrest Road 7.00 Meter read wrong William C. Meehan 182 Waltham Street 76.68 Wrong reading-owner John P Dailey 58 Blake Road 25.20 Meter read wrong Herbert Mehlhorn 2 Preston Road 2.45 Meter read wrong Louis Molinari 9 Preston Road 5.25 Meter read wrong Ernest Johnson 45 Glove Street 1 .40 Wrong billing Charles A Stevenson 5 Flintlock Road 8.75 Wrong billing Judith Leader 17 Fairfield Drive 7.83 Wrong billing The Board briefly discussed the Lexington Commission on Suburban LCSR Responsibility and it was agreed that Route 128 Industries would be a Member-at-Large. 431 Mr. Buse discussed the Land Acquisition Procedure and informed the Board that four meetings have been held by the Committee. We have drawn up a standard procedure using information received from the Town Land Manager and the former Planning Director; also, information contributed Acquisi- by each member of the Committee. We recently talked to Dr Kessler tion after the review of the Planning Board and the wording will be kept in Procedure simple laymen terms Mr. O'Connell I would recommend that there be a central record file on land acquisition. The Board agreed and will discuss the location at a later date The Board discussed the appointment of a new Town Counsel . Upon motion duly made and seconded, it was voted to appoint Norman P. Cohen, representing the firm of Palmer & Dodge, 28 State Street Town Boston, as Counsel for the Town of Lexington; effective date to be set Counsel- very soon. Appoint-n It was agreed that Mr. Cohen is to contact Mr. Legro to discuss the ment transition and how the matter may be handled in the smoothest possible manner. Following this meeting, the Board will set the date upon which Mr. Cohen' s appointment will become effective. 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 Executive security, 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 00 p.m. A true record, Attest yti.i,'1 ficAL )21- v. Executive Clerk, Selectmen 432 SELECTMEN'S MEETING July 24, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday evening, July 24, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riffin; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr. McSweeney, Director of Public Works; Mrs McCurdy, Executive Clerk, were present. Mr. Legro requested the Board to sign the amendment of the agree- ment with Alfred J. Bevington, Jr. and Mary E. Stankard which provides for the reduction of $850 from the agreed price of $23,000 because of less footage and the price was reduced correspondingly. It also pro- vides for further reduction of $370 to be held for William M. O'Keefe. The award of damages to Mr. Bevington and Mrs. Stankard is $21 ,780. Upon motion duly made and seconded, it was voted to sign the Amendment of Agreement with Alfred J. Bevington, Jr. and Mary E. Stankard "WHEREAS, by instrument dated January 16, 1971, Alfred J. Bevington, Jr. and Mary E. Standard, for consideration paid, granted to the Town of Lexington an option to purchase a parcel of land containing ten ( 10) Bevington acres, more or less, located southerly of Marrett Road in said Lexington, Stankard all as therein described; and Land WHEREAS, the Town of Lexington, acting by its Board of Selectmen, has exercised said option by instrument dated May 8, 1972; and WHEREAS, the time for the conveyance and payment of the consider- ation has been extended to July 21, 1972 by agreement of the parties dated June 23, 1972; and WHEREAS, the Owner has requested that the land to be retained by the Owner pursuant to the terms of said option be increased and the consideration for the land to be conveyed to the Town reduced propor- tionately, and WHEREAS, the record shows that the Owner has only an undivided three-fourths interest in Lot D shown on Plan 27 recorded in Middlesex South District Registry of Deeds in Plan Book 13. NOW, THEREFORE, the Town of Lexington, acting by its Board of Selectmen, and Alfred J. Bevington, Jr. and Mary E. Stankard hereby agree that there should be excepted from the land to be conveyed to the Town as described in said option a strip of rand having a width of 70 feet at its westerly end and a width of 75 feet at its easterly end and bounded northerly by the line extending from the intersection of the easterly boundary of said lot 54 with the common boundary between 43 lots 56 and 57 on said map, and that the consideration for the land to be conveyed to the Town be reduced by the amount of $850.00 therefor and that it be further reduced by the amount of $370.00 representing the value assigned for the purposes of this agreement to the one-fourth interest in Lot D held by others. Executed as a sealed instrument this 24th day of July, 1972." Mr. O'Connell informed the Board that a request will be fourth- coming from the Minuteman Regional Vocational Technical School District Regional Committee for permission to install a 30,000 gallon tank for fuel oil . Vocational Chief Spellman recommends, and I concur, that two tanks be installed Sbhool and because it is to be within the Hobbs Brook basin watershed, they Fuel should be vaulted as there is a potential water pollution risk problem. Chairman Kenney read a letter from Dr. Arnold Abrams, 456 Concord Avenue, requesting that landscaping be completed on his land as a re- sult of the sewer construction on Concord Avenue. A report from the Director of Public Works was read stating that Dr. Abrams' request is being reviewed by the Engineering Division and Complaint it is expected that an agreement will be reached with the contractor Dr. Abrams to re-grade and re-work that portion of the easement on the property. The Engineering Division has a tremendous workload with its sewer con- struction program and it appreciates the Lexington residents' incon- venience during the construction period. All we ask for is a little patience. The Board agreed to inform Dr Abrams that the Department of Public Works will contact him shortly in order to arrive at a satis- factory solution to the complaints listed in his letter. Chairman Kenney read a letter from Richard R. John, 19 Saddle Club Road, requesting that work be started as quickly as possible on the scheduled extension of a sewer line on Saddle Club Road as the water table has risen to the height of his septic System leaching Mr R. field and requires continuous pumping, and has become a health hazard. John The Board agreed to inform Mr John that engineering work on the Saddle project is underway and the project will go out for bid either late in Club the fall or early spring, and the engineering department will be in- Sewer structed to facilitate the work and get the job out for bid as soon as possible. Chairman Kenney read a petition from residents of Brent Road for connection to the Town sewer system as the plans call for the sewer to be installed this year to the corner of Brent Road and Emerson Road and to extend another 450 feet on Brent Road would complete the servite in the area. A report from the Director of Public Works was read recommending that the Board vote to include the 450 feet of Brent Road, and to trans- Brent Rd. fer the funds previously committed to Chandler Street which were deleted Sewer from the Budget at the request of the petitioner Constr Upon motion duly made and seconded, it was voted to transfer funds previously committed for Chandler Street to Brent Road for the con- structyon of an additional 450 feet of sewer lines. 434 Chairman Kenney read a letter from Martin I Small , 22 Hancock Street, registering concern about the easement through his property in connection with the new storm drain on Hancock Street. The trees are not properly located on the plan drawn by the Engineering Department and trees, plants and large bushes are affected. He would like to be informed as to what, if any, trees have to be taken in this easement and why. A report from the Director of Public Works was read stating Mr. Small that the plans that were prepared do not correctly identify some of Hancock St the trees, however, they are correctly positioned within the limits Drain of accuracy for this scale drawing It is our intention not to re- move any trees from the area and we have so directed the contractor on the drawings. it should be noted, however, that through the rights granted the Town under the existing easement, some of these trees and shrubs could be, and should be, removed without the Town sustaining damages. The Board agreed to inform Mr. Small that there is no intention of removing any trees from the area and the contractor will be ex- tremely careful; also the area will be re-seeded so that new grass will be available next spring. The Department of Public Works will contact Mr Small to discuss the particulars involved. Chairman Kenney read a letter from Mrs. Nancy Seasholes,„6 Barberry Road, requesting a loading zone at the Children' s Center at the First Baptist Church on Massachusetts Avenue. Chairman Kenney We had previously informed Rev. Peterson that Traffic the Board had accepted the recommendation of the Traffic Committee Children' s to deny the request. Center Mr. O'Connell I have two suggestions - that it might be fea- sible for them to use the driveway of the Church for delivering and picking up the children, or to use the loop in front of the Town Offices and escort the children across the street. The Board agreed to inform Mrs. Seasholes of the alternatives suggested by Mr O'Connell . Chairman Kenney read a letter from Attorney Dennis, on 'behalf Datolli of Joseph F. Datolli , 101 Cliffe Avenue, regarding unsatisfactory Hillcrest Ave. conditions on the Datolli property as a result of the widening of Widening Hillcrest Avenue. Mr. Legro This involves a matter of litigation. Upon motion duly made and seconded, it was voted to refer the matter to Town Counsel. Warrant Upon motion duly made and seconded, it was voted to sigh the Dog Officer Warrant to the Dog Officer regarding the 874 unlicensed dogs in Lexington Citizens for Chairman Kenney read a letter from the Citizens for Lexington' Lex. Conser. Conservation regarding the Wood Street Trunk Sewer presently under Wood St installation and that evidence is available indicating that the Sewer Town Engineers have been deliberately superficial in their explanation 41:35 of alterations to this area. We feel that because a Hatch Act hearing for this contract was not required, it is an example of a needlessly destructive Town project made possible because the intent of State regulations was disregarded by local officials. These are serious charges, and we ask that you give this matter your immediate atten- tion. The Board agreed to send a copy of a report from the Director of Public Works to the Citizens for Lexington Conservation. The Board discussed a letter from the Chairman of the Democratic Town Committee enclosing a list of fifteen Election Officers for 1972- 1973 stating that the list is identical with the current Democratic list except that Joseph Rooney has been replaced by L. Francis Murphy, as Mr Rooney is unacceptable to the Town Committee. Mr. Brown If the Town Committee finds him unacceptable, I ques- tion whether the Board should appoint him. Chairman Kenney He is a registered Democrat and the Town Clerk says he Is one of the best Wardens we have. We have accepted those on the list submitted by the Committee but they submitted fifteen names and we need eighteen names. Mr. Bailey It still remains that he is one of the best in Town and It is our responsibility to come up with a list Of eighteen people. Mr. Brown Did they know they had to have eighteen? Mr. Bailey That is something for them to come up with. Mr. Buse I don't understand why the Town Committee does not wish to have Mr. Rooney on the list; he has been a Democrat since he was 21 years old and has been an ardent worker. I think we should submit the list this year and if the Town Committee wishes to have him off next Election year, they should submit the entire list of eighteen, and have the Officers Board deny or approve at that time. 1972-1973 Chairman Kenney I personally feel he is qualified in the sense that he is a registered Democrat and the Town Clerk considers him to be an outstanding election warden. Mr. Brown I would say that one of the strengths of Town Boards is they aee not political and do not represent a party; to have a party say that someone is unsuitable and for us to appoint him anyway worries me because one of our strengths is we are not political and somehow we are telling a Town Committee we are going to put a man they don't want as a Democrat in this position. It worries me as a whole to see the Board of Selectmen, or another Board, make an issue of whether one is a Democrat or Republican, because we don't feel this. Mr. Bailey We are not making an issue of it. Mr. Brown We are, because we are telling the Town Committee that he should be on the list. Chairman Kenney My criteria is based on the fact that he is the best Democrat they have, and the Town Clerk submitted his name as the one she wants. He' s a Democrat and I 'm a Republican and I am not going to get involved in what kind of a Democrat he is. Upon motion duly made and seconded, it was voted to appoint the following as Election Officers for 1972-1973. Mr. Brown abstained 436 LEXINGTON ELECTION OFFICERS 1972 - 1973 Democrats publicans * Mrs. Ann M. Baum Mrs. Edna D. Anderson 4 Wright Street 21 Leonard Road Mrs. Mary C. Casey Mrs. Florence M. Downe 22 Valley Road 112 Bedford Street Mrs. Elizabeth F. Downey Mrs. Mary E. Clifford 1 Stimson Avenue 54 Chase Avenue Mrs. Mary J Ferry * Mrs. Mildred M. Cronin 50 Downing Road 14 Utica Street Mrs. Eileen J. Fradette Mrs. Iida J. Field 35 Grapevine Avenue 30 Chase Avenue * Mrs. Helen G. Garten Mrs. Ida B. Fisk 11 Fairview Avenue 10 Spencer Street * Mrs. Rita E. Kiley Mrs. Rose J. Grant 37 Wachusett Drive 16 Hillcrest Avenue Mrs. Edna F. Marshaill- Mrs. Agnes Heimlich 110 Woburn Street 796 Massachusetts Avenue Mr. Henry P. Meade Mrs. Sally S Hooper 17C Wm. Roger Greeley Village 282 Bedford Stret Mrs. Marjorie Modoono Mrs. Mary F. Irwin 285 Woburn Street 6 Grove Street * Mr. L. Francis Murphy i Mrs. Winifred E. Ivester 5 Bennett Avenue 56 Woburn Street Mrs. Mary G. Oliver Mrs. Alice G. Marshall 610 Waltham Street 9 Independence Avenue * Mrs. Maude A. O'Neill Mrs. Mary G. McCauley 6 Independence Avenue 75 Spring Street Mrs. Alice Lillian Osgood Mrs. Dolores M Swan 573 Marrett Road 24 Bedford Street Mr Randall W. Richards ** Mrs. Helen L. Perry 67 Farmcrest Avenue 16 Ellison Road Mr. Joseph 0. Rooney Mrs. Virginia M. Warner 222 Waltham Street 71 Adams Street 437 Mrs. Mary V. Spencer Mrs. Marjorie E. Wirpio 8 Cary Avenue 22 Bartlett Avenue * Mrs. Anne C. Williamson Mrs. Margaret S. Wilson 150 Grant Street 103 Meriam Street * New Appointment ** Was a Democratic Officer last year Chairman Kenney read a notice from Secretary Davoren stating that under the new provisions of Chapter 138 of the General Laws the question on alcoholic beverages which has heretofore appeared on the ballot in every city and town in the Commonwealth at every state election will Ballot no longer appear in which the voters have voted in the affirmative Liquor three times or in the negative three times since 1966, unless a peti- Questions tion for the particular subdivision of the question desired is filed with the Secretary sixty days prior to the state election. Mr. Legro As I read the legislation, these questions will not appear on the ballot after they have been voted affirmatively for 4W three consecutive elections or negatively for three consecutive elec- tions. Our special questions will continue to appear until they have been voted this way and then only if there is a petition. Chairman Kenney read a letter from the Greater Boston Chapter of the Muscular Dystrophy Association regarding the fund drive on Sunday, Muscular October 22, 1972, and whether there is a local ordinance involved. Dystrophy The Board agreed to inform the Association that it has no objec- tion to the fund drive and, according to Chief Corr, no permit is needed to solicit throughout the Town on October 22, 1972. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting on June 12, 1972, as amended to Minutes include the vote to appoint Robert Cataldo an Associate Member of the Board of Appeals; to approve the executive session minutes of June 12 and the open session minutes of June 26, 1972. The Board discussed the hearing to be held by the Board of Ap- peals on August I, on the petition of the Lexington Interfaith Corporation for the construction of six attached town-house type Interfaith dwelling units on Hickory Street and Garfield Street. Corporation Mr. McSweeney The Board will have to consider sewer and water extension on Garfield Street. Mr. Bailey I think you need a street, too The Board agreed to withhold an opinion until more information is received when Chairman Kenney, Mr Bailey and Mr. Brown attend the hearing. Chairman Kenney informed the Board that the 1972-1973 Jury List of 336 names is ready for approval . This is the first year the names Jury List were selected by computer. The list is comprised of 336 names, 670 questionnaires were sent out, of which 322 were female; and 205 are new this year 71 women were selected to serve, 14 of them having waived their exemption. 438 Mrs. Riff in One in five women was eligible and one of every two males. Upon motion duly made and seconded, it was voted to approve the 1972-1973 Jury List and to forward it to the Clerk of Courts. Chairman Kenney informed the Board that approval of the Vinebrook Manager of Vinebrook Corporation, Daniel P. Busa, has been received Liquor from the Alcoholic Beverages Control Commission License Upon motion duly made and seconded, it was voted to sign the Retail Package Goods Store License for Vinebrook Corporation, Daniel P Busa, Manager Mr Busa abstained. Mr. Busa reported to the Board on the proposed standard proce- dure for land acquisition. There is only one change in the previ- ously submitted procedure and it has been inserted " It is understood that the Chairman of the Committee involved in land acquisition, or Procedure for his designee, through proper channels, may ask for legal advice or Land Acquisi- opinion at any stage of negotiations" . This is to prevent a member tion of any committee from going directly to Town Counsel; he would have to speak to his Chairman and the Chairman would go to Town Counsel . I recommend that the Board adopt these procedures.andso notify all departments who are associated with land acquisition. Mr Bailey moved that the Board approve the procedure Upon motion duly made and seconded, it was voted to thank the Land Acquisition Committee for a timely and complete report, and to adopt the standard procedure for land acquisition and the site evalua- tion check list as follows STANDARD PROCEDURE FOR LAND ACQUISITION It is understood that the Chairman of the Committee involved in land acquisition, or his designee, through proper channels, may ask for legal advice or opinion at any stage of negotiations. A. Initiating agency (board, committee, commission) I) identifies parcel , determines that they are seriously interested in its availability. (This step may include preliminary inquiry of the landowner.) 2) begins work on evaluation form 3) requests the Board of Selectmen (possibly through the Town Manager) to form an investigating and negotiating team, consisting of one member of the initiating agency (to be named by that agency) and one member of the Selectmen or some other person named by them as their representative. 111 439 SB. Investiaatina team I) notifies the following briefly of the fact that an investiga- tion of the named parcel is being undertaken and by whom Board of Selectmen, Planning Board, Town Manager, Conservation Commission, Capital Expenditures Committee, Appropriations Committee, Recrea- tion Committee, Legal Department 2) continues work on evaluation form, including a. negotiation with landowner. b. getting local opinions of value, with the assistance of the Town Engineer. 3) completes evaluation form to a reasonable point, circulates copies to other boards (named in B. l ) . 4) after interval of at least two weeks, to allow for reaction and further information from other boards, team reports results of investigation and reactions to initiating agency. C. Initiating agency I ) votes to request Warrant article, or notifies other agencies ( listed B. I) that they are no longer interested. 2) requests Planning Board to draft article with detailed geogra- phical description. 3) requests Board of Selectmen to insert article in Warrant for Town Meeting. D. Investiaatina team I) arranges for out-of-town appraisal (if there is any lack of agreement about price). If federal funds are to be sought, ap- praisal procedures as required by that federal agency must be fo#towed. 2) arranges for final plans to be provided by Town Engineer at owner' s expense after Town Meeting, unless otherwise agreed by both team and -landowner. Agreement about plans to be in writing and signed by both parties. E. initiating aaencv I) coordinates details with other town boards concerned ' 2) requests Town Engineer to prepare transparency and maps for information meetings and Town Meeting 440 3) undertakes public education through mailings to Town Meeting Members, information meetings, newspaper publicity, other 4) collaborates with other agencies, especially Legal Depart- ment, on wording of motion. F. Town Meetino approval; funds authorized G. Investioatinc Team I) requests Town Engineer to draw final plan. 2) submits final plan to Planning Board for "Form A" endorsement. 3) submits endorsed plan to Town Counsel for recording. 4) sees that legal and financial processes are completed. 5) informs other agencies that title has passed and the acqui- sition has been completed. A land acquisition file should be established in some central but secure location such as the office of the Assessors, and the folder on each land acquisition project should be kept up to date by the investigating team throughout the above procedures. Access to this file should be limited to the officials and chairmen of agencies listed in 8. 1 ) and the Chairman of the Board of Assessors, and their designees. The above Proposed Standard Operating Procedures are of necessity flexible. As these guide lines are put into operation, some changes may be found necessary It should be noted that the need for the professional services of a person knowledgeable in land acquisition procedures was discussed, but not resolved. Those who assisted in the preparation of this proposal are Alfred S Buse, Board of Selectmen, Chairman Elizabeth M. Flynn, Appropriations Committee Angela E. Frick, Conservation Commission Howard M. Kessler, Conservation Commission Lois W. Brown, Planning Board Eric T. Clarke, Planning Board Vincent E. Hayes, Recreation Committee David Hughes, Administrative Assistant to Town Manager Enclosure Site Evaluation Check List ADOPTED by the Board of Selectmen July 24, 1972 1 441 SITE EVALUATION CHECK LIST I . GENERAL I . Assessors map , lot , area 2. Street frontage ft,. on 3. " " ft. on 4 Average lot width ft. depth ft. 5 Highest elevation lowest (Lexington base) 6. Topography level rolling steep II LEGAL 7. Owners 8. Address 9. Acquisition date price 10. Deed recorded in Book Page II . Land shown on plan by dated as lots recorded in Book Page 12. Survey or re-division necessary yes no 13. Easements purpose date Recorded in Book Page 14. Assessment land Buildings 15. Zoning number of detached homes possible 16. Land excluded from site, area h reason III . PHYSICAL 17. Soil (description, problems, source of information) 18. Open brooks or ditches 19. Is site subject to flooding 20. Water table depth (seasonal) 21 . Surface drainage good fair poor 22. Effect on adj. lands major moderate minor 23. Subsurface drain on site at site ft. away, size Drain invert % site can be served 24. Sanitary sewer on St., ft. away Sewer invert size % site can be served 25. If no sewer, what % of site considered unsuitable for on site disposal by Board of Health. Reason 26. Water supply on St ft. away, size 27. Can site be served by wells 28. Culture vegetation 29. Building and structures (describe) 44'2 30 Estimated cost of required removal of structures $ grading$ planting $ 31 . Site bounded by ( land uses and names) IV. EVALUATION 32. Purpose of acquisition 33. Opinions of value and sources 34. Price Asking $ offer $ agreed $ 35. Justification for acquisition, including supporting explanations 36. Is eminent domain taking proposed? Reasons 37. Option must be exercised by 38. Conveyance must take place on 39. Outstanding betterments Sewer as of amount to be paid by Water as of n n ," n n R.E. Taxes as of amount to be paid by Other as of " It it I " Attach plans, records of soil investigation, opinions of value or appraisals, approvals of reimbursement. AVZ 5-3-72 Upon motion duly made and seconded, it was voted to remove from the table the application submitted by John D. Brucchi , 63 Paul Revere Road, for a hackney carriage license. Chairman Kenney read a letter from Mr Brucchi containing addi- tional infdrmation regarding his application, stating that the 1972 Brucchi Lincoln Continental 5-passenger limousine would be used for funerals, Hackney weddings and private chauffering, and would be kept at 63 Paul Revere License Road, business to be done by phone only and no customers coming to his home. A letter from the Lexington Taxi Co., Inc was read, stating in part that if it is the intention of the applicant (Mr Brucchi ) to operate a taxi service, I would hope that you would consider my objec*. tion to it. The Board agreed there would be no conflict as Mr Brucchi in- tends to use his car for funerals, weddings and private chauffering. 443 Upon votedHackney motion duly made and seconded, it was to sign the Hac nay CarriageLicense Li ansa for John D Brucchi , 63 Paul Revere Road. The Board discussed a memorandum from Erik Mollo-Christensen regard- ing possible dates for a special town meeting between September 15 and Regional October 15, 1972 for the purpose of voting on proposed construction Vocational bond issue for the Minuteman Regional Vocational School . School It was agreed that Chairman Kenney is to talk with Mr. Mollo- Christensen and come back to the Board on August 7. The Board discussed redistricting and it was agreed to hold an informal hearing on August 7; a new 9-precinct map will be on display in Redis- the lobby of Town Offices on Friday, August 4, for the information of tricting Town residents. 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 Executive security, 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 55 p.m. A true record, Attest 1 4t i .j1VAL Executive Clerk, Selectmen I 444 SPECIAL SELECTMEN'S MEETING July 31 , 1972 A special meeting of the Board of Selectmen was held in the Se- lectmen' s Meeting Room on Monday afternoon, July 31, 1972, at 4 30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown. Mr. O'Connell , Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Zehner, Town Treasurer, met with the Board to request approval of borrowing $700,000 in anticipation of taxes. The notes are dated August 4, 1972 and payable on October 26, 1972. We were most fortun- ate as our rates are the lowest of all similarly rated towns that borrowed during the last week. The banks were really competing to get some of our notes and we got bids from ten banks. It is recommended Treasurer that we award to the three lowest bidders. Approximately $250,000 in building assistance funds have been held over by the State and perhaps we will receive them in the middle or end of August; that should carry us through the year. Upon motion duly made and seconded, it was voted to award the contract to borrow $700,000 in anticipation of tax revenue on a loan dated August 4, 1972 and payable on October 26, 1972, as follows Lexington Trust Company $300,000 2.53% New England Merchants National Bank 200,000 2.62% Newtoh-Waltham Bank & Trust Company 200,000 2.62% The Board discussed re-districting from 6 precincts to 9 pre- cincts and it was agreed to request Town Counsel to prepare the proper wording of the vote to be taken on August 7, 1972. Redis- Mr. Busa Do we have to have the polling places established by tricting August 7? Mr. O'Connell No. However, we have to recognize that the location of polling places will be one of the questions asked by the public at the informational hearing and it might be well for the Board to say what is has under consideration. The Board agreed with Mr. O'Connell 's recommendation of the following polling places Precinct 1 Harrington School Precinct 2 Adams School Precinct 3 Clarke Junior High School Precinct 4 Cary Hall Precinct 5 Cary Hall Precinct 6 Diamond Junior High School Precinct 7 Diamond Junior High School Precinct 8 Central Fire Station Precinct 9 Maria Hastings School 445 Mr. O'Connell informed the Board that bids have been received on street and parking area resurfacing It is the recommendation of the Director of Public Works/Engineering that the bid be awarded to the Street lowest bidder, Massachusetts Broken Stone Company, 133 Boston Post Resurfacing Road, Weston in the amount of $70, 179. Bid Upon motion duly made and seconded, it was voted to award the contract for street and parking area resurfacing to Massachusetts Broken Stone Company, Weston, in the amount of $70, 179 Mr. O'Connell informed the Board that he had received a request from Rose Thorne, on behalf of John Kerry for U.S. Congress, for Request permission to set up a table to sell bumper stickers and buttons on the lawn in front of the Visitors' Center or Buckman Tavern Mr. O'Connell informed the Board that the agreement between the Town of Lexington and the City of Waltham under the Emergency Em- E E.A ployment Act is ready for the signature of the Chairman. The Board agreed to authorize the Chairman to sign the agreement under the Emergency Employment Act Upon motion duly made and seconded, it was voted to adjourn at 5 15 p.m. A true record, Attest to Executive Clerk, Selectmen I } 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 456 , SELECTMEN'S MEETING August 21, 1972 A regular meeting of the Board of Selectmen was held in the Select men' s Meeting Room on Monday evening, August 21 , 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bai ley and Busa, Mrs. Riff in; Mr Legro, Town Counsel; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. The Board agreed that Chairman Kenney and Mrs. Riff in would attend Metropolitan a meeting with the Trustees of the Metropolitan State Hospital on State Hosp Septesber 28, to discuss the possibility of acquiring some of the Land hospital' s land. Chairman Kenney is to invite Dr. Kessler, Chairman of the Conservation Commission. Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduit on Spring Street. Notices of the hearing were sent to the petitioner and owners of Spring Si- the property as listed on the petitioner' s plan, and also filed with Conduit the Director of Public Works. Mr Dunn, representing the Telephone Company, was present and said that this is the other end of the Job *0 did a year ago. We wi11 go underground from the Waltham line to existing manhole 54/191 . Chairman Kenney read a report from Mr. Coscia, D.P W. Manager, recommending that approval be granted, according to the submitted plan. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following location of conduit Spring Street On the westerly side approximately 173 feet north of the Waltham-Lexington line southerly approxi- mately 173 feet to existing manhole 54/191 . Hearing was declared open upon petition of the New England Tele- Mass. Ave phone Compamy to lay and maintain underground conduit on Massachusetts Conduit Avenue from Edison Way to Woburn Street. Edison Way to Notices of the hearing were sent to the petitioner and owners of Woburn St the property as listed on the petitioner' s plan, also filed with the Director of Public Works. Mr. Dunn, representing the Telephone Company, was present and said that this is mostly for interoffice traffic between Arlington and Lexington. It was extended from the Green down to Edison Way, and now it is to be extended from there to Woburn Street. This ,job won't start until spring and will take about two months. 1 Superintendent Latta of the Lexington Post Office was present and expressed concern about the length of time a trench would be in front of the Post Office, also, there was a manhole involved Mr. Dunn They will dig 21 to 4 feet down and 2 feet bide, it will take a half-day to get the hole dug out; it will be back-dug so there will be nothing to interfere with driveways. Chairman Kenney read a report from Mr. Coscia, DPW Man er, recom- mending that approval be granted, according to the submitte plan, subject to the condition that public access to the streets nd driveways be kept open (with the use of steel plates) as much as possible. Mr. Latta Construction will be such that there will e no park- ing for vehicles. If it is for 10 days to 2 weeks, it will ie up our equipment. We have no desire to interfere with you, but we are con- cerned about parking. A suggestion would be that there be temporary easement of the restriction on parking on Grant Street. It might very well serve to ease complaints. Mr. Dunn This job won't come up until some time next spring. Mr. McSweeney We can work that out next spring. It will be from 7 to 10 days. Mr Latta For that length of time, then 1 have no objection. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following location of conduit, subject to the restrictions of the Public Works Department, and the condition that public access to the streets and driveways located from Edison Way to Woburn Street be kept opened, with the use of steel plates, as much as possible Massachusetts Avenue Southeasterly, from Edison Way, approxi- mately 1097 feet of underground conduit, also two (2) new manholes 54/I25 and 54/ 126, also rebuilding manhole 54/6 and 54/60 into one large manhole 54/6. Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduit on, Massachusetts Avenue, Pleasant Street, Fern Street, Watertown Street and Worthen Road. Notices of the hearing were sent to the petitioner and owners of Underground the property as listed on the petitioner' s plan, also filed with the Conduit Director of Public Works. Mass. Ave. Mr. Dunn representing the Telephone Company, was present and said Pleasant that at the present time it is congested on Pleasant Street and there Fern & is no room on the poles; this would take care of it now and the future Watertown construction will be in the spring . We have to write up the contract Streets - and the restrictions must be written in Worthen Rd Chairman Kenney What is the estimated construction period? Mr. Dunn I would say three months. Chairman Kenney read a report from Mr. Coscia, DPW Manager, recom- mending that approval be granted to extend the conduit. The permit 45 must state that driveways into Wilson Farms, Incorporated be kept open as much as the installation of the conduit will allow. Resident drive- ways must be kept open Chairman Kenney For temporary construction, the driveways will be kept open every night. Mr. James Storer, 69 Pleasant Street Will the cable be buried in the pavement or along the side of the street? Mr. Dunn In the sidewalks, along Wilson Farms and then it crosses over and will be in the pavement. Mr. Storer I would like to register strong opposition. I have a utility pole right smack in front of my driveway, also, they seldom clean up after themselves They regularly block the driveway and use Bowman Park, which I object to. A little bit further down on our property, my wife found that a telephone man had gone into my field to put a cable on, we called up and they did say it was not town land, but they left us a hole. i would like to know what kind of prompt and effective cleanup there would be afterwards. I am curious about a line of trees which the Telephone Company feels free to cut without asking anybody, I would like to see that layout of trees on Pleasant Street and Wilson Farms and if the trench would by-pass them; also a restric- tion not to use Bowman Park for the enjoyment of their group, and they would tidy up the homeowners' properties. There is little margin at the edge between the pavement and the property - look at it. I heard that the Telephone Company dug up this year and put in some cable, and came back in again A fair question from the homeowners on Pleasant Street to the Town is if they dig up Pleasant Street, why not get rid of the poles. I think you ought to have a plan on what you are going to do on Pleasant Street. Chairman Kenney As far as clean-up, that will be done ade- quately and efficiently so the area is restored as it was before; that would be our obligation Regarding the removal of poles, what are your plans? Mr. Dunn At this time, we have no plans to take down the poles; Edison is on there too. Chairman Kenney to Mr. Dunn The purpose of this is not for local residents? Mr. Dunn It is for the Telephone Company Exchange relief for future development of that area. Chairman Kenney to Mr McSweeney Has your department looked at the plan in regard to the trees? Mr. McSweeney This permit doesn't end here. We are working with these people as far as clean-up, traffic and the local residents. We have had good response from the Telephone Company and the con- tractors they have. If not, we don't let the contractors work in the Town. No one else having further questions, the Board agreed to take the matter under advisement until Mr. McSweeney reviews the plans and returns with a report on the trees involved in the area. Mr O'Connell asked Mr. Storer to elaborate on his remark about the use of Bowman Park. 459 r Mr. Storer The Town uses it, too. There is a telephone service pole right at the tip of Bowman Park and this is at least a once-a- month affair down there that they are working there; they park there and have lunch. Mr. O'Connell I know of nothing illegal about going -o the park for lunch. Do they litter the place? Mr. Storer They litter our driveway; I don't know about the park. Mr. Legro requested the Board to sign the deed to convey to Kenneth P. Kelley and Evelyn L. Kelley, tax title lots 20 and 21 Earle Street for the sum of $200, as voted by the Board on May I , 1972. Kenneth Upon motion duly made and seconded, it was voted to sign the deed Kelley Tax to convey to Kenneth P. Kelley and Evelyn L. Kelley, husban and wife, Title Lots as tenants by the entirety, of 49 Earle Street,. lots 20 and 21 in Earle St Block 16 on Earle Street, Lexington, for the full considert ion of $200 paid, subject to the restriction that, for purposes of building, said lots 20 and 21 are to be combined with lots 22, 23 and 24 in Block 16, and only one building, together with customary ac essory buildings, shall be erected, placed or maintained on the c bined lot. Mr. Legro requested the Board to sign the deed to convey to Anthony C. Busa, Lot 57 Rockville Avenue, for the sum of $3, 500 as voted by the Board on April 3, 1972. Busa Lot 57 Upon motion duly made and seconded, it was voted to sicn the Rockville III deed to convey to Anthony C Busa and Beatrice E Busa, husband and wife, as tenants by the entirety, of 11 Albemarle Avenue, Lot 57 Rockville Avenue, for the full consideration of $3,500 paid, subject to the restriction that, for the purposes of building, said lot 57 is to be combined with lot 56, and only one building, together with customary accessory buildings, shall be erected, placed or maintained on the combined lot. Mr. Legro requested the Board to sign the contract for street re- surfacing which was awarded on July 31, 1972 to Massachusetis Broken Resurfacing Stone Company, Weston. Contract Upon motion duly made and seconded, it was voted to sign con- tract 72-4-E for street resurfacing which was awarded to Massachusetts Broken Stone Company, Weston, in the amount of $70, 179. Mrs. Amelia G. Samoylenko and Mr. Herbert Eisenberg of Lexington Mews, 10-12 Muzzey Street, met with the Board to request the removal Lexington of the Town-owned fence at the rear of 10-12 Muzzey Street Mews Mr. Eisenberg The only qualification is that the fence not be removed until after the building is constructed. The fence now is not on our lot line but is 51 inches from the existing building The pro- posed building, which will now be 10 feet back from our lot line, will be a paved area and a parking lot beyond that We are not asking to change the parking - the paved area will be used for a sidewalk - we are just asking you to remove the fence. We feel that, c sentially, IIIthe request will beautify the property. 460 Chairman Kenney I had referred the matter to the Director of Public Works and the following is an excerpt from his report; On the question of removal of the fence at the rear of the property adjacent to the municipal parking lot, it has been the Town' s policy to have this fence as a divider between public and private lands, with the exception of small pedestrian access at the easterly corner of their property If the Board were to remove this fence entirely, they would have to consider requests from a number of abutters to this parking lot because there would be no way to control the pedestrian traffic from the parking area (public and private way) . I would like to recom- mend that the fence remain in place until such time that the whole parking area is studied to see what effect it would have if direct access to and from the parking area were provided for all abutters. After discussion, the Board agreed that, as a minimum accommoda- tion, portions of the fence would be removed to provide access to the rear entrance at 10-12 Muzzey Street and also access to the fire exits from the theatre. Secondly, the intent is to look at the fenc- ing situation in the entire parking lot and it is possible that, as a result of this evaluation, the fence abutting the property would be removed as well as the fence in other areas of the lot. Also, to inform Mrs Samoylenko that in the event she wishes to propose a method of pedestrian control other than a fence, such as a hedge, the Board would give the matter consideration. Mr. O'Connell informed the Board that bids have been received for storm drain construction on Meriam Street, Oakmount Circle, Contract Hancock Street and Easement, Wood Street Easement, Hayes Lane and Storm Drain Fletcher Ave. Mr. McSweeney recommends, and I concur, that the 72-2-E bid be awarded to the low bidder, P. Gioioso & Sons, Inc., 38 Robinson Street, Dorchester, in the amount of $79,240. Upon motion duly made and seconded, it was voted to award Con- tract 72-2-E for storm drain construction to P Gioioso & Sons, Inc.; in the amount of $79,240. Mr O'Connell informed the Board that three bids have been re- Fire Engine ceived on the new fire engine; they are under intensive evaluation Bids due to the fact that they are not identical as far as equipment is concerned. Basically, the appropriation was for $57,000 and the bids run in the neighborhood of $65,000; it would be awarded on elimination of equipment. The basic bids are within the limit of the appropriation. Mr. O'Connell is to come back to the Board next week. Upon motion duly made and seconded, it was voted to go into Execu- Executive five Session for the purpose of discussing, deliberating or voting on Session matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of the Bowman School roof, it was voted to go out of Executive Session. 4b_1_ Chairman Kenney read a report from the Director of Public Works/ Engineering Department stating that in answer to a complaint from Myers Fence Miss Martha L. Myers, 119 Simonds Road, an Engineer had met with her Simonds Rd. regarding the removal and replacement of her fence due to the side- walk construction. On August 18, 1972, the fence was installed and alt the necessary work was completed. The Board agreed that the matter was closed Chairman Kenney read a letter from Mr. Gallagher, Chairman of the Recreation Committee, requesting the Board release the Lincoln Street property (old dump site) for use as part of the large recreation area adjacent to this property A study of all recreational facilities within the town has been started and this area is vital to tle com- plete development of the large recreational area bounded by the Center Playground, High School property, Bridge School area, and the Reservoir. After discussion, the Board agreed to inform Mr. Gallagler that it agrees to turn over the area of the former Lincoln Street dunp site to the Recreation Committee for use in the overall planning of recrea- Recreation tionat facilities, with the understanding that the land may be used Committee now on an "as is" basis for informal practice fields or soccer use, Lincoln St. etc. Also, to point out that the land at this time is in no condition Dump site for recreational use or the building of any structures. The Town will continue to use a portion of the area for a snow dump. Chairman Kenney read a request from the Chamber of Commerce for free parking at all meters in the Center during Business Promotion Chamber of Sale Day, Friday, August 25, 1972, also a request for a banner to be Commerce placed across Massachusetts Avenue at the Waltham Street intersection. Upon motion duly made and seconded, it was voted to suspend meter parking regulations on August 25, 1972 Upon motion duly made and seconded, it was voted to deny permis- sion to the Chamber of Commerce for a banner across Massachusetts Avenue. Chairman Kenney read a letter from the Manager of Pine Headows Country Club objecting to any future possibility of a Great meadows Great Golf Course. Meadows Golf The Board agreed to reaffirm its position that the Great Course Meadows remain in its present open, natural state and to again commu- nicate this position to the Arlington Board of Selectmen. Tie Manager of the Pine Meadows Country Club is to be so informed. Chairman Kenney read a letter from the District Highway Engineer stating that the request submitted by the Board for a stop sign on Traffic Massachusetts Avenue, Northwestbound at Worthen Road, and a stop sign Yield Signs on Worthen Road, Northeastbound at Massachusetts Avenue, was denied as the two proposed locations are better suited for a yield sign. The request for these two stop signs was voted by the Board DTI April 18, 1972. E� / Upon motion duly made and seconded, it was voted to rescind the vote of April 18, 1972 to request the State Department of Public Works for a stop sign on Massachusetts Avenue, Northwestbound at Worthen Road, and a stop sign on Worthen Road, Northeastbound at Massachusetts Avenue. Upon motion duly made and seconded, it was voted to request ap- proval of the State Department of Public Works for amendment of the Traffic Rules and Orders of Lexington by adding to Article VIII , Section 22, Schedule #7 the following STREET LOCATION REGULATION Massachusetts Avenue Northwestbound at Worthen Road Yield Worthen Road Northeastbound at Mass. Avenue Yidld Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings as follows Executive-June 5 and July 10, 1972; Special-July 31 , 1972; open and Executive- July 24, 1972. Upon motion duly made and seconded, it was voted to sign the following ORDER FOR CONSTRUCTION OF SEWER Hartwell Avenue from existing sewer a distance of 631 .46 feet more or less, southerly, to 121 Hartwell Avenue. Young Street from Webb Street a distance of 890 feet, more or Sign Orders less, to Third Street for Sewer Takings Webb Street from Woburn Street a distance of 1464 feet, more or less, to end. Leonard Road from Woburn Street a distance of 508 feet, more or less, northerly. Woburn Street from House No. 176 a distance of 2040 feet, more or less, easterly to Rumford Road. ORDER FOR SEWER TAKING Third Street from Young Street a distance of 195 feet, more or less, to end Young Street from Third Street a distance of 130 feet, more or less, easterly. Chairman Kenney read a letter from the Secretary of the Arlington Woburn- Board of Selectmen expressing concern regarding the possibility of a Maple St. sanitary landfill operation being established at the proposed Woburn- Dump Maple Street area, as this area has a brook that flows down through 4 6 3 the Great Meadows and into the Arlington Reservoir, there, any land- fill operations would create a serious water pollution problem in the Town of Arlington The Board agreed to inform the Arlington Board of Selectmen that we have no plans to establish a sanitary landfill operation in the Woburn-Maple Street area, and that their confusion possibly arose be- cause our Planning Board is contemplating that some consulting engineering work be done on this land while, coincidently, we have also engaged consultants to look at some problems which we have at our sanitary landfill on Hartwell Avenue. However, the two projects are not related and it is not intended to move our landfill operation from the Hartwell Avenue site Chairman Kenney read a recommendation from the Director of Public Works that the Board sign the Memorandum of Agreement between the Commonwealth of Massachusetts Department of Public Works anc the Town Chapter 90 of Lexington for Chapter 90 Maintenance, in the amount of $2 ,000, for Mainten-• 1 ,530 linear feet of Coolidge Avenue from Adams Street to Hancock ance Street. Coolidge Upon motion duly made and seconded, it was voted to sign the Avenue Memorandum of Agreement between the Commonwealth of Massachusetts De- partment of Public Works and the Town of Lexington for Chapter 90 Maintenance, in the amount of $2,000 for 1 ,530 linear feet cf Coolidge Avenue from Adams Street to Hancock Street. IllChairman Kenney requested that the Board issue a proclamation de- Proclama^ clwring Monday, September 18, 1972, as Air Force Day in Lexington. tion Upon motion duly made and seconded, it was voted to sign the pro- Air Force clamation declaring Monday, September 18, 1972, Air Force D_y in Day Lexington. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberatirg or Executive voting on matters which, if made public, might adversely affect Session the public security, the financial interests of the Town or the repu- tation of a person. After discussion of personnel matters it was voted to go out of Executive Session The Board discussed a memorandum from the Director of Fublic Works concerning various easements. Slope Upon motion duly made and seconded, the intent to take slope Easements easements for the construction of the sidewalk on School Street- Mass. Ave Massachusetts Avenue was voted, with an award of no damages to the School St. following Plan of Slope Easements - Massachusetts Avenue Wilfred J. & Virginia E Wagner, 2408 Massachusetts Avenue and Lot 129 46 4 Plan of Slope Easements - School Street Michael A. & Barbara J. Cardillo; Joseph A. & Julia A. Gleason; Frederick V , Jr & Agnes M. McNenimen; Roger D. & LaVerne Gould; John F. & Elizabeth F. Downey of I Stimson Avenue. Upon motion duly made and seconded, it was voted to make an award of no damages to the following Drain Easements Plan of Drain Easement off Marrett Road off Marrett Rd David R & Billie H. Drew Plan of Drain Easement off Wood Street Wood St. Massachusetts Institute of Technology Plan of Land in Lexington, Mass - Drain Easement off Wood Street Hervey W. & Barbara H. Heywood - Jenkins Realty Inc Plan of Temporary Construction Easement off Hancock Street Hancock St. Martin 1 & Joanne G. Small; John F., Jr. & Nancy A. Downey Upon motion duly made and seconded, it was voted to take sewer easements, as contained on the plan submitted by John J. McSweeney dated March 24, 1972, off East Street and Brown Road, with an award of no damages to Sewer Easements Plan of Sewer Easement off East Street and Brown Road East St - Henry & Barbara C. Delfiner, William G. & Margaret Mary Johnston; Brown Road James P O'Neil Plan of Sewer Easement off East Street and Ridge Road John E. & Kathryn J. Sykes; Ralph P. and Rose A. Braun. Chairman Kenney informed the Board that the notice from the Alco- holic Beverages Control Commission regarding Labor Day has not been ABC - received. Labor Day Upon motion duly made and seconded, it was voted to conform to the Rules and Regulations of the. Alcoholic Beverages Control Commission regarding Labor Day, Monday, September 4, 1972, regarding Package Goods Stores, Motels, Restaurants and Clubs. Mr Busa abstained. Upon motion duly made and seconded, it was voted to adjourn at 10 20 p.m. A true record, Attest x 14 ' Executive Clerk, Selectmen 46,5 SELECTMEN'S MEETING September 5, 1972 A regular meeting of the Board of Selectmen was held it the Select- men' s Meeting Room on Tuesday evening, September 5, 1972 at 7 30 p.m. Chairman Kenney, Selectmen Riff in, Brown and Busa; Mr Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr. McSweeney, Director of Public Works; Mrs. Mascetta, Acting Executive Clerk, were present. At the request of the Town Clerk, four jurors were drawn as follows Berkey Amiralian 353 Woburn Street Robert M. Shields 25 Sherburne Road Jurors Norman P Harvey II Marlboro Road Max Levine 19 Hathaway Road The Drainage Construction Contract was prepared and submitted by Mr. Legro for signature. The Contractor is P. Gioioso d Sors, Inc., Drainage Dorchester, Mass, for construction of drainage on Meriam Street, Oak- a, Con- mount Circle, Hancock Street, Wood Street, Fletcher Avenue ead Hayes structiom Lane. Contracts Motion by Selectman Riff in, seconded by Selectman Busa and unani- mously voted to sign the contract for construction of drainage in the amount of $79,240 on Meriam Street, Oakmount Circle, Hancock Street, Wood Street, Fletcher Avenue and Hayes Lane. It was moved by Selectman Busa, seconded by Selectman Brown and unanimously voted to adopt the following Orders of Taking Orders of Sewer Easement - East Street to Brown Road in the amourt of $200 Taking to Mr. Bertolini . No award of damages to other Sewer Ease, owners ments and Drain - East Street to Ridge Road No award of damages. Easements - Drake Road No award of damages. Drain Easement - Hayes Lane No award of damages. Mr O'Connell reported to the Board that there were three bids received for the new fire station equipment Worcester Fire Equip- Bids-Fire ment Sales - $64,461 , Mack Truck - $66,500; Maxim Motor Division - Station $66,026. Equipment Mr. O'Connell explained that all bids as submitted were above the amount appropriated. The bid called for substantial equipment; deter- mination could hot be made because of over-bidding. Specifications 466 were reduced and recommendation by Mr. O'Connell is made on the basis of necessary re-adjustments Mack Truck provides close-by repair service; Maxim provides repair service in Worcester. Mack Truck offers a more reasonable delivery date. Mr O'Connell recommended to the Board that the bid be awarded to Mack Truck on the base bid price of $54, 145, plus $2,855 for extra equipment, total bid to be awarded in the amount of $57,000. it Is his contention that Mack Truck supplies are of proven product and service. Mr O'Connell pointed out the need for 3 gas masks (new State requirement) . These must be on the truck and the cost would be in the vicinity of $900. It is his intention to ask for transfer pro- cedure directly Upon motion by Selectman Buse, seconded by Selectman Brown, it was unanimously voted to award the contract for the new fire station equipment to Mack Truck in the amount of $57,000; base bid $54, 145, extra equipment $2,855 as follows Deck Gun $ 875 Radio Equipment 879 (estimate) Battery Conditioner 250 Soft Suction Hose 230 Pump Siamese 235 Hydrant Gates 220 Booster Nozzle 96 Ziamatic Brackets 70 $2,855 111 Mr. O'Connell reported to the Board of the vandalism at the Munroe Cemetery. The report of the Fire Chief indicated that the extent of the damage by fire has rendered the building "destroyed". Munroe Mr O'Connell. There is a $2,000 insurance package policy on Cemetery this building The value of the building exceeds this amount and it will cost more than this to repair the building There may exist a need to seek trust funds to make necessary repair. Bridge Mr. O'Connell reported on the receipt of a letter of apprecia- Oak Park tion and recommendation with regard to the recent closing of the bridge at the Oak Park Sub-division The bridge was closed primarily because of its poor condition and age. Mr O'Connell reported on the status of the Mass. Trash matter. Their interest in locating in Lexington has dwindled, they aro now Mass. Trash looking into other areas. Mr O'Connell They were not willing to provide satisfying solutions to our requests. They are seeking a town in which to lo- cate that will accept their program as they are presenting it. Their program was found to be unsatisfactory for our Town and they were not willing to make any changes that might have made them more acceptable to us 467 The Board reviewed the request of Kingston L. Howard, Criairman of the Bicentennial Committee requesting the appointment of the follow- ing to the Lexington Bicentennial Committee Dr Rudolph J. Fobert, Bicen- Mr. Anthony L. Mancini and Mrs Miriam W. Butts. tennial Upon the recommendation of Mr. Howard, it was moved by Select- Committee man Brown, seconded by Selectman Busa and unanimously voted to appoint Appoint- the following to serve on the Lexington Bicentennial Committee; Mrs. ments Miriam W. Butts, 116 Burlington Avenue to assume the responsibilities in the capacity of Cultural Affairs, Mr. Anthony L Mancini , 115 Reed Street, to assume responsibilities in the capacity of the Legal and Administrative Affairs; Dr. Rudolph J. Robert, 25 Winthrop Road, to assume responsibilities in the capacity of the School Departnent Liaison. The Board received an invitation to the Graduation Exercises and Dedication of the FBI National Academy, United States Marine Corps Base, Quantico, Virginia. Capt. Chairman Kenney advised the Board that Captain James Lima of J Lima the Lexington Police Force has completed the course and is graduating FBI from the Academy on Friday morning, September 15, 1972. Selectman Academy Busa will attend the graduation exercises as representative of the Board. A letter of request was received from the British Broadcasting Corporation for permission to use the Lexington Green to film the opening and closing sequences of their program which is of an his- Filming toric nature aimed to give a portrait of the thirteen colonies on on Green the eve of the Revolutionary War British Mr O'Connell indicated that this type of activity can cause Broad- potential problems There are sometimes particulars involved in casting their choice of manner of filming It was unanimously agreed to grant permission to the British Broadcasting Corporation to film on the Lexington Green under the Supervision of the Town Manager. Chairman Kenney read a letter from Mr. Berman, Manager of the Berman' s Liquor Mart, relative to the new ruling from ABC allowing liquor stores to remain open on holidays. It is Mr. Berman's desire Package to be recorded as requesting that in the future the liquor stores in Goods Lexington be permitted to have the option of remaining open, or Stores closing, on these holidays, (April 19th not with-standing), subject Holidays to any changes in the law and according to individual needs and dictates Selectman Busa I hope that if the Licensing Board should re- quest that the package goods stores rennin closed on Patriots Day, April 19th, that all will co-operate. Chairman Kenney The new ruling from the Alcoholic Beverages Control Commission means simply that package goods stores are to 468 remain closed only on Sundays, Memorial Day, Thanksgiving Day and Christmas Day. It will be the request of the local licensing Board III I that the package goods stores in Lexington remain closed on Patriot§' Day, April 19. This has been our past policy as we consider such closing to be an appropriate part of the observance of our principal local holiday. The joint Arlington-Lexington Great Meadow Study Committee sub- mitted to the Board a report and their recommendations for the use of Great the Great Meadow Land area. Meadow Selectman Riff in Perhaps this report should be referred to Study the Planning Board. Committee Chairman Kenney We should investigate the forming of some sort of protective zoning There seems to be a difference in the report relative to the course of action. Perhaps we should submit this to the Planning Board and the Conservation Commission for their recom- mendation as to whether or not such a committee should be established. Is the Board in agreement? The Board agreed Mr. McSweeney submitted a proposal relative to the 1973 Highway Improvements - Chapter 90 Construction and Chapter 90 Maintenance Appropriations Chairman Kenney reminded the Board that this would be Phase 2 1973 of Chapter 90 Appropriations. Highway It was moved by Selectman Buse, seconded by Selectman Brown Improvements and unanimously voted to adopt the recommendation of the Director Chapter 90 of Public Works, Mr. McSweeney, and approve the proposal of $60,000-Chapter 90 Construction, East Street from the Woburn City Line to Lowell Street, an approximate distance of 850 feet It was moved by Selectman Busa, seconded by Selectman Brown and unanimously voted to approve the proposal of $6,000-Chapter 90 Maintenance (Resurfacing), Pleasant Street from Massachusetts Avenue, a distance of approximately 2,000 feet. The Board received a memorandum from the office of the Secretary of State, enclosed with the memorandum is a copy of the Procedures Mass. and Duties from the Massachusetts Historical Commission outlining the Historic matters concerning historic preservation and coordinate preservation Commission planning locally and within the Massachusetts Historical Commission. One of the main duties of the Commission will be to "conduct re- searches of places of historic value". This will be a federal pro- gram and it is indicated that most of the work will incur little or no budget expenses. Mr. O'Connell Lexington has already done a good deal of re- search In preservation land. The Town is in a good position on that stand-point. I believe this past research will be -very important since there is a dead-line to meet - June 20, 1973. Basically, this I t 469 is late notice for a Town to form such a Commission especially if Town Meeting vote is required to bring this about. I would like to urge the forming of such a Commission; monies will be routed through the State. I would recommend that a thorough discussion be held with theII Historic Districts Commission and that the Board might consider the forming of a special commission to direct their efforts in tiis line If a group from the Lexington Historic Districts Commission were to prepare necessary data prior to the approval of the Town Meeting, Lexington should be in a good starting position because of the previ- ous inventory that we already have. Chairman Kenney It would be wise to see its effect on the Historic Districts Commission. Do the members of the Board wish to talk with officers of the Historics Society? Selectman Riff in if the Commission were to include members of the Historic Districts Commission and the Historical Society , they- could hey-could coordinate their efforts and compile the •necessary I ni orma tion.. Chairman Kenney Perhaps officers of the Historical Society should be contacted to meet with the Board of Selectmen as soon as possible, at which time we will request their assistance in this matter. The Board agreed Chairman Kenney read a request from Marilyn Cravis, 6 Rogers 111 Road, for permission to hold a block party on Rogers Road on Saturday, September 23, from 6 00 p.m to II 30 p.m , (rain date, Oct. I ). Plans to include the following neighborhood streets; Marshall Road, Fessenden Way, Rolfe Road and Rogers Road The Police Chief has re- ported that he has no objection to this request ' Permit Selectman Busa I believe that the usual hours allowe< by the Board for such block parties are up to 11 00 p.m. It was moved by Selectman Brown, seconded by Selectman Busa, and unanimously voted that permission be granted to hold a block party on Rogers Road on September 23 from 6 00 p.m to II OC p.m., (rain date Oct I , 1972) The Board received a letter from Mr J L Strominger, 030 Massachusetts Avenue, requesting that a fence be placed bet en his Request for property and the Center Playground to discourage trespasser and Fence Mr provide privacy. Strominger It was agreed that Mr Strominger be advised that the Board has referred the letter to the Director of Public Works for review and recommendation and that he will be contacted upon receipt of the report from Mr McSweeney. Chairman Kenney read a request from Mr D.A McArthur, request- Request for ing installation of sewer on Adams Street in order that he be able to Sewer construct a dwelling on a portion of Lot #23 It was noted that, Adams St III , 470 that parcel of land is almost on the Burlington Town line The Chair- man suggested that the Board include this request on the 1973 sewer budget requests It was agreed by the Board that Mr McArthur be so notified Chairman Kenney read a request from Secretary Davoren to Certify Certificate the character of persons who have applied for Certificate of Incor- of Incor- poration. poration Upon receipt of confirmation from the Chief of Police, it was moved by Selectman Busa, seconded by Selectman Riff in and unani- mously voted to certify the following for Certificate of Incorporation Vivian R. Lynch and Mervin D. Lynch, 7 Carnegie Place "Minuteman Feline Fanciers, Inc." To be located in the Town of Canton. Recommendations on Sidewalk Slope Easement Damages for Winchester Drive as per plans submitted August 22, 1972, were presented to the Board by Mr McSweeney. The Board reviewed them favorably and it was moved by Selectman Easements Busa, seconded by Selectman Brown and unanimously voted to adopt the Sidewalk intent and request the preparation of order of takings and award +bf Slope no damages for Slope Easements as described on plan dated August 22, 1972 on Winchester Drive as follows Joseph F & Margaret B Troisi 291 Lowell Street - no damages Abraham & Marion G Wise 3 Winchester Dr.- no damages It was moved by Selectman Busa, seconded by Selectman Brown and unanimously voted to authorize the Chairman to sign the Liquor Identi- l .D. Cards fication Cards for the following Dorothy R. Collentro 43 Harding Road Diamantina Feeney 23 Crescent Hill Road Sandra A. Jones II Downing Road Christopher Stolz 2139 Massachusetts Avenue The Board reviewed the lists for Water Abatements and Commit- ment of Water Charges as submitted by the Director of Public Works. Water It was moved by Selectmen Busa, seconded by Selectman Brown Abatements and unanimously voted to sign the Commitment of Water Charges and Water Abatements as follows Charles Chicarello 34 Taft Avenue $14.35 - Wrong reading Leroy Hebert 18 Bowker Street 31 .31 - Wrong reading Joachim Sinek 7 Dunham Street 6.97 - Wrong reading John Porter 455 Lowell Street 9.45 - Wrong reading r 7 Motion by Selectman Busa, seconded by Selectman Riff in -o approve the minutes of the Selectmen' s Meeting, regular and executive session, Minutes of August 7, 1972; unanimously voted It was moved by Selectman Busa, seconded by Selectman B own, and unanimously voted to sign the Orders for Construction of Sew r as follows Mill Brook Road - from Westwood Road a distance of 765 feet, more or Orders for less, northwesterly to Suzanne Road Sewer Construction Suzanne Road - from Mill Brook Road a distance of 1660 97 feet, more or less, to the limits of the accepted portion. Westwood Road - from Mill Brook Road a distance of 240 feet, more or less, northeasterly. It was moved by Selectman Busa, seconded by Selectman Brown and unanimously voted to sign the Orders for Sewer Takings as follows Suzanne Road - from Emerson Road a distance of 303 feet, More or Orders for less, northeasterly. Sewer Takings Brent Road - from Emerson Road, southerly a distance of 653 feet, more of less. Emerson Road - from Suzanne Road a distance of 328 feet, rpore or less, easterly to 661 feet, more or less, westerly of Suzanne Road It was moved by Selectman Busa, seconded by Selectman Brown and unanimously voted to sign the Orders for Sidewalk Construction as per attached engineering specifications, as follows Bow Street - Easterly side from a point opposite Cliffe Avenue 235 feet Orders for Bow Street - Easterly side from a point opposite Fottler Avenue Sidewalk 715 feet. Construction Brookside Ave. - Southerly from Waltham Street - 585 feet Mass Ave - Southerly from Jean Road - 2145 feet School Street - Easterly from Eastern Avenue - 560 feet Turning Mill Rd.- Northerly from Robinson Road - 760 feet Winchester Dr - Southerly from Lowell Street - 212 feet 472 Chairman Kenney The Board has received a letter from Mr. Mistretta, District Highway Engineer, in reply to our request of June 7, 1972 for a re-evaluation and study regarding the possi- bility of installing traffic control signals at the intersection of Eldred Street and Bedford Street in Lexington. Mr Mistretta indicated that he had analyzed data in some de- tail , as furnished by Chief Corr, which included detailed reports of the accidents that have occurred in this area during 1970-1972 to date. It was his suggestion that for a 30 day trial period, the left turns be eliminated from Eldred Street onto Bedford Street and require a mandatory right turn. Left turns would then be permitted at the end of the jug handle at Hartwell Avenue in order that traffic may proceed southbound onto Bedford Street. Traffic Pending the concurrence of the Board on the above suggestions, Signal the District #4 maintenance personnel will erect the necessary signs Eldred & and will advise us of the effective date of this 30-day trial period. Bedford Mr. Legro This intersection is totally under state control Streets Mr O'Connell After these lights are installed, can we then relieve duties of the traffic officer in this position; it is pres- ently done as an "extra duty". Chairman Kenney We will look into this. Selectman Riff in I feel that we should want this 30-day trial . Will this installation require a change in the present existing lights? Mr. McSweeney I feel that as it is not a good signal , it should be changed. Peter will meet with the District Engineer, Mr. Mistretta,. for further instruction. I suggest that the Chairman set up another meeting with Mr. Mistretta to request information regarding support of their action 111 It was agreed that Chairman Kenney contact Mr Mistretta and schedule a meeting Chairman Kenney read a letter of congratulations from the Massa- chusetts Selectmen' s Association on the success of the Town of Lexington as a winner in Class I of the 1972 Town Report Contest. Town Certificates to be presented at the Association' s Annual State-Wide Report Town Meeting on Saturday, October 21 , in Hyannis, Mass. It was re- quested that six copies of the winning report be forwarded to the Massachusetts Selectmen' s Association to be entered in the New England Council Town Deport contest. Selectman Busa Mr. Zehner should be informed immediately, and congratulated. Mr. O'Connell Should members of the Board be unable to attend the presentation of the Certificates of Award, I will be happy to attend as representative of the Board. The Conservation Commission requested authorization by the Board Articles of Selectmen to prepare Articles 57, 1972 and 79, 1970, Hamilton- Conservation Baldwin (Concord Avenue), as proposed by Barnes Engineering Co., Inc. Commission It was moved by Selectman Busa, seconded by Selectman Brown, and unanimously voted to authorize the preparation of plans for Article 61 , 1972 - Munroe Brook; Articles 57, 1972 and 79, 1970, Hamilton- Baldwin (Concord Avenue) . 47 Mr McSweeney discussed the installation of a portion of sidewalk along Massachusetts Avenue Previously there was an Article to appro- priate monies for the widening of this section of sidewalk Mr McSweeney reported that Mr Matheson has expressed a desire to have the brick sidewalk continued in this area and has agreed to contri- bute $5,000 as his share towards the purchase of brick and tie curbing The Town would cover the remaining cost of brick and the installation of same. It may be requested to transfer the Lillian Road sidewalk Brick funds to cover expenses of this project Sidewalk Mr McSweeney indicated that he has acquired necessary bids and Massachu- quotes and asked of the Board direction as to the next step cf proce- setts Ave. dure. Chairman Kenney It is my feeling that this portion of sidewalk should be of brick. It was moved by Selectman Buse, seconded by Selectman Brown and unanimously voted to authorize this installation of brick sidewalk, as presented to the Board by Mr McSweeney, along Massachusetts Avenue at Depot Square and Meriam Street, around the Old Central Block. Chairman Kenney The Committee established under Article 76 of the 1971 Town Meeting to look into the establishing of a Special Com- mission to develop- a Master Tax Plan and Program for Taxation has Master Tax submitted their final report on their findings and recommendations Plan Com- My question is, do we wish to set up and appoint such a committee? mission Copies of this report will be sent to each Selectman for review and comment. The Board reviewed the plan submitted by Mr Kearnan of the State Department of Public Works relative to the additional allow- ance of approximately 110 feet in the construction of East Street, East Street Grant Street to Lowell Street. Construction Mr. McSweeney is to notify the Board when the area described on the plan is staked out, that they may view the necessary procedure. At 9 05 p.m. it was moved, seconded and unanimously voted that the Board go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might ad- Executive versely affect the public security, the financial interests Df the Session Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Chairman Kenney noted that the Board will resume their regular weekly meetings to be held on each Monday evening at 7 30 p n., un- less otherwise indicated. Upon motion duly made and seconded, it was unanimously voted to adjourn at 9 45 p.m A true record, Attest � J t;,� Acting Executive Clerk, electmen 44 4 SELECTMEN'S MEETING September II , 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, September II , 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, and Mrs. Riffin; Mr. O'Connell , Town Manager; Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present The Board presented a certificate to Mr. Arthur E. Burrell , Civil Civil Defense Director, who has recently completed a special State seminar on Defense Emergency Preparedness. The Board extended its congratulations to Mr Louis A. Zehner, 1971 Town Chairman of the Town Report Committee, for his outstanding work on the Report 1971 Town Report, which won second place in Class I of the State Town Report Contest Mr. O'Connell recommended that the Board award the contract for Contract painting the standpipe located off Morgan Road Paint Upon motion duly made and seconded, it was voted to award Con- Standpipe tract 72-8-E, for painting the standpipe, to Nick Drywall Construction Co , Inc., 217 Elm Street, Woonsocket, Rhode Island, in the amount of $7,400. Mr. O'Connell informed the Board that Mrs Florence Bernier of 296 Bedford Street has written to him requesting that the D.A R. be given permission to plant a tree on the Buckman Tavern lawn for the Tree on Bicentennial, and to have a plaque on it calling it the Liberty Tree. Buckman She asks whether the Town would allow it, and would designate the Tavern Lawn spot, also, could the Public Works Department transplant the tree, which is now on her lawn. Mr. O'Connell asked the Board to consider the policy question as to whether the Board would wish to grant permission for planting the tree. After discussion, the Board agreed that Mr. O'Connell is to come back with more information Mr. O'Connell reported to the Board that there is a serious dog- Dogs napping problem at the dog pound. Many dogs have been stolen and action will be taken to prevent this Mr. O'Connell reported that debris from the demolished Mobil Dumping Station at the corner of Marrett Road and Waltham Street has been Violation transported, without the necessary Town permission, to private I i 47 J III property at the end of Valleyfield Street. This is a violation of the Board of Health and the Hatch Act The Board of Health is pursuing the matter of the violation of dumping and intends to take lction to have the debris removed because it is not proper fill Mr O'Connell reported to the Board that mailing the real estate tax bilis is 1 to 2 weeks ahead of schedule We have recei.ed Tax Bills $356,000 as of September 6, which is almost double the amourt received at this point last year Chairman Kenney read a letter from Mr. Stephen Politl :4tating that if the Board re-establishes a Tax Legislation Advisory Committee, Mr. Politi he would be interested in becoming a member. Advisory The Board agreed to inform Mr. Politi that a committee would not Committee be considered at this time as it is kept informed by the Ma!sachusetts Selectmen's Association, the League of Cities and Towns' As�;ociation, and the Massachusetts Taxpayers' Foundation. Chairman Kenney read a request for a block dance on Se tember 15, 1972. Upon motion duly made and seconded, it was voted to gr nt permis- Permit sion to the Estabrook Neighborhood Association for a block ance to be Block held at Hawthorne Road and Longfellow Road on September 15, 1972 from Dance 7 00 p.m. to II 00 p.m. IChairman Kenney read a request from Mr George W. Forten, 388 Concord Avenue, for permission to install a I-inch water line along the north side of Lawn Avenue from Webster Road to lots 240 and 241 Concord Avenue. A report from the Director of Public Works was read stating Forten that a preliminary investigation indicates that there is an inade- Request quate number of fire hydrants in the area and the matter is being Water investigated. If the preliminary findings prove correct, w4 would Main recommend that a 6-inch main be extended up the street with a fire hydrant installed for increased fire protection. The Board agreed to inform Mr Forten that decision is withheld until a final report has been received from the Director of Public Works. Chairman Kenney read a letter from Mr. Chester Duval s ating that hazardous conditions exist in the sidewalk in front of 3 Bo Street. Bow St A report from the Director of Public Works was read st ting that Sidewalk hazardous conditions exist and a work order has been issued for temporary repairs to the sidewalk. This area will be inclu ed in the 1973 capital expenditure budget for sidewalk reconstruction Chairman Kenney read a request from the Tax Collector o rescind Welfare the vote of April 18, 1972 to abate the sum of $160 for rental of the Rent 1 476 former Welfare Quarters at 12 Clarke Street. The Board voted on April 18, 1972 to abate the sum of $480 for rental of Welfare Quarters at 12 Clarke Street during April, May and June, 1972, at $160 per month Upon motion duly made and seconded, it was voted to rescind the vote of April 18, 1972 to abate the sum of $480 for rental of the former Welfare Quarters at 12 Clarke Street. Upon motion duly made and seconded, it was voted to abate the sum of $320 for rental of the former Welfare Quarters at 12 Clarke Street, Lexington. Upon motion duly made and seconded, it was voted to abate the sum of $100 for rental of the former Welfare Quarters in the Town Offices in 1970. Chairman Kenney read a letter from Mr. Manfred Friedman suggest- Friedman ing that a full time Town employee is needed to administer the request for Conservation, Recreation and Park maintenance programs. Town Emp. After discussion, the Board agreed to inform Mr. Friedman that the matter is taken under advisement, pending a report from the Town Manager The Board discussed the list of recommended streets submitted by Mr McSweeney, Director of Public Works Estimate Grassland St - 2,050 ft from Payson St. to Valleyfield St $100,000 Holland St - 200 ft. from Taft Avenue Northeasterly 10,000 Kimball Road - 200 ft. from Reed St. to Hickory St 10,000 Laconia St. - 1 ,600 ft from the accepted portion of 1973 Laconia St to Lowell St. 80,000 Streets Tavern Lane - 600 ft. from Percy Road to Eliot Road 30,000 Fern Street - 80 ft. at the intersection of Pleasant St 4,000 Mr McSweeney reports that Grassland Street was submitted by Attorney Norman May at the request of the abutters There was 100 percent participation. Holland Street is not recommended It noes the installation of sanitary sewer. Kimball Road' s petition was not returned by the abutters. Laconia Street' s letters of petition for drainage were received because of the number of drainage problems during the wet season and the continuation of the drains on the accepted portion of Rumford Road through an easement on Lowell Street. Tavern Lane is being considered for petition at the request of the abutters I 477 IIIFern Street' s letter of request from a resident to review the laying out of Fern Street at its approach to Pleasant Street, requires the taking of a long triangular piece of private property Chairman Kenney Mr McSweeney does not recommend Holland Street and Kimball Road. Mr Buse If you take out Holland Street - There has never been a request for a sewer in that area, all they want is a passable street. Chairman Kenney I wouldn't want to recommend more than $100,000 I recommend that we take this matter under advisement and Mr McSweeney will present more information to the Board next week The Board agreed to discuss the 1973 streets next week Mr. Graf of the Street Advisory Committee met with the Board. Chairman Kenney to Mr McSweeney Has the Street Advi ory Com- mittee reviewed the list of streets you submitted? Mr McSweeney Mr. Greeley said they reviewed the sid walk plans. Mr. Graf I haven't seen East Street, but I have seen Spring Street. Chairman Kenney What is the time element? I East Mr. McSweeney On East Street, Mr Kiernan of the Stale DPW is Street waiting for us to come back with the answer Sidewalk bids will be opened on next Thursday We have one problem with School S reet - the request came from area residents because of traffic pro lems in I crossing at the end of the street We have three trees because of the 40 ft. right-of-way and, with the size of the pavement in there now, these trees have to go. Of the five residents that abet these trees, three are not for it. On School Street, we 'don't wart to have a tree hearing; it has been reviewed by the Traffic Committee. Mr. Graf As a member of the Street Committee, I don't see how we can do anything but take them out; there is a 30-inch elm tree there and I don't think they will last much longer. Something should be done there for a sidewalk. As an engineer, trees or no trees, it should go in (the sidewalk) Mr. McSweeney Mr. Greeley raised no objection? Chairman Kenney These sidewalks were all rated in priority by the Traffic Committee. As far as the Board is concerned, you will proceed with the sidewalks on Bow Street, Brookside Avenue, Massachu- setts Avenue, School Street, Turning Mill Road, and Winchester Drive. Mr. McSweeney and Mr Graf agreed. l Mr. Brown informed the Board of a meeting which is to be held by Spring residents of Spring Street who are opposed to the 30 ft pavement and Street the loss of trees by the construction of the sidewalk. The Board discussed East Street Chairman Kenney As you know, this was passed by Town Meeting East Street for the reconstruction under Chapter 90. We want to proceec, and the next phase has to be passed by Town Meeting 478 Mr McSweeney The Board discussed this on September 5 and it was a 1973 Chapter 90 request We were limited to do 80 ft. Chairman Kenney We are not limited to 80 ft ; it was to go the least distance. It is our feeling to give Mr Eisenberg of the Street Committee a few days to look at it, and then go back to the State DPW. The Board agreed Upon motion duly made and seconded, it was voted to sign Sewer Betterment Assessments for the following streets Sewer Barberry Road Outlook Drive Waltham Street Betterments Benjamin Road Rogers Road Field Road Concord Avenue Rolfe Road Old Shade Street Fessenden Way Stonewall Road Upon motion duly made and seconded, it was voted to approve the request of the Director of Public Works to abate sewer betterment assessments for the following Leonard S & Ann M. Notkin I Field Rd. $135. 17 Incorrect calculations Howard H. & Jean LeVaux 11 Shade St, 81 .25 Incorrect calculations The Board discussed appointments to the Lexington Commission on Suburban Responsibility. LCSR Upon motion duly made and seconded, it was voted to appoint Mrs. Natalie H. Riff in a member of the Lexington Commission on Suburban Responsibility, representing the Board of Selectmen for a term expir- ing June 30, 1973. Mrs Riff in nominated Mr. Frank I . Michelman as a Member-at- Large on the Lexington Commission on Suburban Responsibility. Upon motion duly made and seconded, it was voted to appoint Mr. Frank I . Michelman a Member-at-Large on the Lexington Commission on Suburban Responsibility for a term expiring June 30, 1973. Mrs. Riff in nominated Mrs. Elizabeth Clarke as a Member-at-Large on the Lexington Commission on Suburban Responsibility. The Board agreed to hold the appointment until next week. Upon motion duly made and seconded, it was voted to appoint the following members of the Lexington Commission on Suburban Responsi- bility for a term expiring June 30, 1973; NAME REPRESENTING Robert M Shaw Chamber of Commerce Dr Robert Mann Council of Congregations Clarence D. Turner Lexington Interfaith Corp. Mrs. Keith Butters League of Women Voters 479 Dr. Eric T. Clarke Planning Board Mrs. Lois W. Brown Metropolitan Area Planning Council Richard Eaton School Committee Captain Edward Silva Town Employee James H. Hathaway Lexington Teachers Daniel E. Power Lexington Housing Authorit} Chairman Kenney When we receive nominees from the Tom Meeting Association, two members will be appointed, next week, we will make the appointment of the Member-at-Large Mrs. Riff in The Principal of the High School will soon submit nominees to be considered for the appointment to the ComnisEion as representatives of the High School students Chairman Kenney discussed the sidewalk in front of the new building at Massachusetts Avenue, Meriam Street and Depot Square. Last week, we discussed a policy decision on putting the sidewalk back as it was be- Central fore, or to put in a new brick facing. The owners are willing to Block cooperate and we have money because of the cancellation of the Lillian Sidewalk Road sidewalk. Mr. McSweeney was instructed to put in a brick side- Mass. Ave. walk. Also, Mr. McSweeney has had calls asking if there would be & Meriam openings for trees; the Design Advisory Committee offered to have one of their people advise where the openings would go. The Board agreed to have openings in the sidewalk for planting trees. Chairman Kenney informed the Board that Mr. McSweeney advises that September 15 is the cutoff date for filing petitions for 1973 1973 Sewer sewers; formal petitions which are sent out are to be returnad to the Petitions Engineering Department by October 15, in order to be included for con- sideration in the 1973 capital budget Chairman Kenney informed the Board that he had received a call from the Executive Assistant to the Arlington Board of Selectmen re- Great garding the possibility of a meeting regarding the feasibility of a Meadows golf course in the Great Meadows; this meeting would not be cJlaired by the Arlington Board of Selectmen but by some other Arlington Committee. Arlington is to have a Special Town Meeting on October 10, and there is an Article in the Warrant for a 9-member committee to be Formed. A letter has already been sent to the Arlington Board stating that our position has not changed to keep the Great Meadows in its open, natural state. The Board agreed not to meet with the Arlington Board, and would wait until after October 10, 1972, Upon motion duly made and seconded, it was voted to go nto Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security financial interests of the Town or the reputation o1 a person. After discussion of personnel matters, it was voted to go out of Executive Session and resume the open meeting 480 The Planning Board met with the Selectmen to discuss parking in Lexington Center. Mrs. Lois Brown informed the Board that Dr. Clarke would make the presentation on the need for more public parking. Dr. Clarke As of last spring, we lost 10 percent of our park- ing spaces because of several new buildings and no parking on Vine- brook Road. We have little specific information as to who parks in the Center, but we have the Post Office employees who use the Town's parking facilities, and others fill Massachusetts Avenue and resi- dential side streets. The Douglas lot is used by all-day parkers, probably 10, 20 or 30 parkers. The Library has asked to be provided with 15 reserved spaces for employees, and there has been no conclu- sion on that request. The unmetered part of the Meriam Street lot is generally used quite a bit. There has been a point made by the bank that people are using their lot who do not go to the bank. Last year, we considered the Medical Center's wish for rezoning so the Medical Building could share the lot with the rest of the com- munity. The new Medical Building 'contributes a fair amount of parking but the owners have asked for spaces that are specifically allocated for their people. In the future, the Central Block will create more parking re- quirements There is a need for immediate coordination of all plans for parking and circulation in the area because of the Library ex- pansion and the Lexington Mews. The final requirements for the Bicentennial are hazy. There will be parking requirements because of Vinebrook Village housing for the elderly, and the construction Center of commercial buildings. 111 Parking We have been looking into three areas. Waltham-Muzzey block, Clarke-Muzzey block, and the expansion of the Meriam Street parking lot. There is the question of whether all-day meters will prevent old or new sections from being used by the experiment of installing some all-day meters along the other side of the tracks behind the Woolworth Building. There was a proposal years ago by EDA, and we should see if a parking structure would make any sense. We could consider a device, or a lot controlled by an attendant vs. metering. We propose looking into it to see if the merchants would help subsidize it. On the Clarke-Muzzey block, we had word they would be interested in contributing land at the back We have difficulty with the Car- roll property, which is not subject to negotiation at this point in time,; we would like to re-open that and see if we can get an option on it. The Federal Savings Bank now has its own parking and we would see if there is interest in a common area for all . On Meriam Street, we feel Town Meeting rejected the expansion of the lot because of insufficient information and we would like a figure of the cost of paving before the Planning Board would make recommendations We would like the determination of the need for all day parking on this side of the Railroad tracks, to see if any- body would use it, and it would save us a fair amount of money for metering the back part 431' For the Bicentennial , we should consider the possibility of land behind the Church of Our Redeemer and provisions for parking in the more general areas around the Center. There is the question of whether Town-owned parking space should be used for everyone or we should property reserve them where it is proper to do so. We feel it is the Taunts responsibility for pro- viding adequate parking for visitors Our last position wan that the Meriam Street parking lot should be extended because we need the park- ing it would offer to us. Do you agree with our posttion? Chairman Kenney We intend to come into the next Town Meeting to present Meriam Street again Mrs. Brown There are ways to get this thing discussed as a whole at Town Meeting; people are hostile to pieces, but if they could see the overall plan of the Center. Mr. O'Connell I would suggest that it would be more practical to do it with an attendant rather than meters, for a trial period, do it with an attendant . I think it could be done at a modest cost Mrs. Brown I think it is important to give it wide publicity. We feel the urgency of getting on with it. The Planning Board feels plans should be gotten into; with its present staff, we can' t produce information at the present time Mr McSweeney A parking study is being included in our TOPICS program concerning the Central Business District, and parking struc- tures are included. This is funded 50 percent by the State and 50 percent by the Federal Government You have approved phase 2 and part of it is traffic and the Central Business District. Wo could get in touch with TAM to review this in the 3rd phase There is your professional staff for the study you are looking for Mr. McSweeney agreed to investigate the status Of the TOPICS pro- gram and to come back to the Board with a report. The Board of Selectmen and the Planning Board agreed to further discuss and come to an agreement on how to approach a solut on to the parking situation in Lexington Center. Chairman Kenney informed the Board that, as of October I , 1972, Mr. Legro will be appointed Special Counsel and Palmer and Dodge - Town Mr. Norman Cohen will be Counsel for the Town of Lexington, Counsel Upon motion duly made and seconded, it was voted to adjourn at 10.35 p.m. A true record, Attest �. �.� Exennt i ve Clerk, Se l ectnien foi 482 SELECTMEN'S MEETING September 18, 1972 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday evening, September 18, 1972, at 7 30 p.m Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works, Mrs McCurdy, Executive Clerk, were present. Mr Warren Empey met with the Board. Empey - DPW Chairman Kenney congratulated Mr. Empey upon his appointment as Operations Operations Manager of the Department of Public Works Board Members, Manager Mr O'Connell and Mr McSweeney wished him success in his new posi- tion, and Mr. Empey said he would perform to the best of his ability. Mr. Empey retired from the meeting. Mr. Legro requested the Board to sign Orders of Taking. Drain Upon motion duly made and seconded, it was voted to sign the Easement Order of Taking of a drain easement off Marrett Road on the property Marrett Rd. owned by David R. Drew and Billie H. Drew, no damages awarded accord- ing to vote of August 21 , 1972. Upon motion duly made and seconded, it was voted to sign the Slope Order of Taking of a slope easement on the property owned by Easement Wilfred J and Virginia E. Wagner, 2408 Massachusetts Avenue 3 Mass Ave. Lot 129; no damages awarded, according to the vote of August 21, 1972. Upon motion duly made and seconded, it was voted to sign the Slope Orders of Taking of slope easements on School Street for the Easement following no damages awarded, according to the vote of August 21, School St. 1972; Michael A. and Barbara J. Cardillo, Joseph A and Julia A. Gleason, Frederick V., Jr. and Agnes M McMenimen; .Roger D. and LaVerne M. Gould; John F and Elizabeth F. Downey of I Stimson Avenue. Drain Upon motion duly made and seconded, it was voted to sign the Easement Order of Taking of temporary construction drain easements off Hancock St Hancock Street on the property owned by Martin I . and Joanne G. Small; John F , Jr and Nancy A. Downey. Mr. O'Connell informed the Board that bids had been received Sidewalk for the sidewalk construction on Massachusetts Avenue, School Street, Construction Winchester Drive, Bow Street, Brookside Avenue, and Turning Mill Road. Contract Three firms bid and he recommended that the contract be awarded to Somerset Paving Corporation in the amount of $63,086 43 483 IIIUpon motion duly made and seconded, it was voted to award Contract 72-3-E for sidewalk construction to Somerset Paving Corpora-ion, 41 Kay Street, Somerset, Mass., in the amount of $63,086.43. Mr Legro retired from the meeting. Mr. O'Connell informed the Board that a request has been received from the Navy Recruiting Service for the use of the Battle (Green for an enlistment ceremony for seven men and one woman from Lex ngton, to Permit be held on September 27, 1972 at 10 00 a.m. Green Upon motion duly made and seconded, it was voted to grant the re- quest of the Navy Recruiting Service for the use of the Bat-He Green on September 27, 1972, at 10 00 a.m Mr. O'Connell informed the Board that the Conservation Commission has received a letter stating that the Federal Government had re- Conservation jetted the application for reimbursement on the Titelbaum, idallou and Open Space Cooke parcels of land, the Commission has applied to the State for 50 Program percent reimbursement but I am not too optimistic as the evaluation is one and the same thing Mr. O'Connell gave members of the Board copies of a memorandum he had prepared on the fiscal year change conference he had attended in Fiscal Year Chicopee. He recommended that Board members attend conferences to be Change I1 111 scheduled at a later date. I The Board discussed the appointment of a new Town CounSel and a Special Town Counsel . Upon motion duly made and seconded, it was voted to ap oint the firm of Palmer & Dodge, 28 State Street, Boston, Mass., wit Norman P. Town Cohen representing the firm, as Town Counsel effective Octo er 1, Counsel 1972. Upon motion duly made and seconded, it was voted to apoint Donald E. Legro as Special Counsel of the Town of Lexington, effective October I , 1972 Chairman Kenney read a letter from Mrs. Magnuson, II Hancock Street, regarding traffic in her area. 1 Traffic Upon motion duly made and seconded, it was voted to re er Mr. Magnuson Magnuson' s letter to the Traffic Committee for a recommends ion. Chairman Kenney read a letter from the Charles River ble Tele- vision Co. of Waltham requesting an appo�,ntment with the Burd to CATV discuss CATV The Board agreed to reply that it is not considering p oposals at this time but will review it at a future date; also to a vise that there is a possibility of forming a Citizen' s Advisory Committee to look into the entire matter. 484 , Upon motion duly made and seconded, it was voted to sign betterment Betterment assessments for the following streets; Assessment water - Hayden Avenue, Pearl Street Street - Bloomfield Street, Downing Road, Minola Road Sidewalk - Downing Road, Bloomfield Street, Grant Street, Marrett Road, Simonds Road, Taft Avenue Upon motion duly made and seconded, it was voted to approve the request of the Director of Public Works to sign abatements of side- walk betterment assessments for Downing Road and Taft Avenue, as follows (committed on 9-18-72) TAFT AVENUE Efstratios & Thisbi Alexandrou, h/w $12.00 Figured on incorrect dis- 4 Chase Avenue, Lexington tance & field measurement James P Kiley 12.00 " " 3 Chase Avenue, Lexington Ernest & Mario DaRu 12.00 10 Baker Avenue, Lexington Mary R. McDonough 3 Baker Avenue, Lexington 12 00 Sidewalk Assessment Fannie A. & Kenneth R. Lambert Abatements 6 Ellis Street, Lexington 12 00 " " Daniel L. & Pauline S. Hurley, h/w 28.39 30 Taft Avenue, Lexington Lloyd M. Jr. & Jean E. Allen, h/w 25 50 " 32 Taft Avenue, Lexington Charles A. & Mary C. Chicarello, h/w 30.00 " " " 34 Taft Avenue, Lexington Robert N. & Pauline E Goddard, h/w 98.25 Previously assessed 38 Taft Avenue, Lexington on Taft Avenue Donald F. & Alice W Albertine, h/w 45 00 40 Taft Avenue, Lexington DOWNING ROAD Mr & Mrs. Manuel J. Ferry 40 50 Betterment assessment 50 Downing Road, Lexington figured on incorrect distance 485 Chairman Kenney read a memorandum from the Director of Public Works requesting a water abatement for Raytheon, Navy Mfg , 78 Westview Street, Raytheon in the amount of $3,538.71 The memo gives the cost for water supplied Water for the periods of September, 1969 through May, 1970, and October, 1970 Abatement through March, 1971 and states that "The September, 1969 through May, 1970 water bill of $9,956.00 was an estimated bill based on listorical data, however Raytheon was not in agreement and refused to psy this bill . A lien was then placed against the Raytheon property by the Town of Lexington. A meeting was then held on September 13, 1972, at the DPW office with representatives from Raytheon and the Lexington dater De- partment. The bill was recalculated for this period, and tha sum of $6,419.39 was mutually agreed upon by both parties The October 1970 through March 1971 water bill of $3,955 93 which also was not paid by Raytheon, plus the $6,419.39 equals a total com- mitment of $10,373.32. Raytheon has agreed to pay the $10,373.32 but would like an abate- ment of $3,538.71 from the original estimated bill of $13,912.03, and the removal of the lien against their property. In my opinion the rate assessed by the Water Department of $10,373.32 is fair and just, and I therefore recommend that Raytheon Conpany receive the abatement of $3,538.71 and the removal of the lien against their property. If the above meets with your approval, please advise in order that necessary action may be taken." Upon motion duly made and seconded, it was voted to app-ove the request of the Director of Public Works to sign a water abatement to Raytheon, Navy Mfg„ 78 Westview Street, Lexington, in the amount of $3,538.71 Upon motion duly made and seconded, it was voted to request the Collector of Taxes to delete the water lien against the property of Raytheon, Navy Mfg , 78 Westview Street, Lexington. The Board discussed the recommendations of the Director of Public Works regarding 1973 Streets Mr. O'Connell The capital budget will come in on an U3-months basis and it is my feeling the amount of street construction should be within the $100,000 to $150,000 range, plus a little more for design work in order to ask the Spring 1974 Town Meeting for the st-eets which would be in the next budget. This will take care of 1973 st-eet con- 1973 struction and a more than normal amount for design, it shouli come out Streets to $125,000, and possibly $150,000, and that would be consistent with what we are going to do. Chairman Kenney Grassland Street is estimated at $100,000; Holland Street at $10,000; Fern Street at $4,000 That will be $114,000, plus a little for street design, a total of $124,000. Upon motion duly made and seconded, it was voted to ins-ruct the Director of Public Works to make the necessary arrangements or work to be done up to final design and bidding on Grassland Stree-, Holland Street and Fern Street 1 4b The Board discussed the Great Meadows and it was agreed to send a copy of the letter sent to the Arlington Board of Selectmen re- Great affirming the position of our Board to keep the Great Meadows in an Meadows open, natural state, as recommended by the Great Meadows Study Com- mittee. No action is to be taken until after the Arlington Special Town Meeting on October 10, 1972 which has an Article in the Warrant to appoint a 9-member committee to study the possibility of a golf course on the Great Meadows. Chairman Kenney requested the Board to rescind the vote of August 21 , 1972 to amend the Traffic Rules and Orders by adding Yield Signs Yield at Massachusetts Avenue and Worthen Road; the section is incorrectly Signs stated as Section 22 and it should be Section 23. (Section 22 is for stop signs.) Upon motion duly made and seconded, it was voted to amend the vote of August 21 , 1972 to amend the Traffic Rules and Orders by adding Yield Signs at Massachusetts Avenue and Worthen Road Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders as follows By adding to Article VIII , Section 23, Schedule #7, the following Street Location Regulation Massachusetts Avenue Northwestbound at Worthen Road Yield Worthen Road Northeastbound at Mass. Ave Yield Chairman Kenney informed the Board that a letter has been re- ceived from Mrs John M. Levis, 18 Hayes Lane, regarding the possibility of two leaf collections this fall . Leaf Mr. O'Connell Our past action was to inform the citizens that Collection it was their responsibility. Mr. McSweeney We gave you an estimate two years ago of $4,000- $5,000 to pick up once, this is between a $5,000-$10,000 item for two collections. The Board agreed to inform Mrs. Levis that there are no budgeted funds for leaf collection. Mr. O'Connell agreed to check with the Lions Club regarding its previous supply of plastic bags which could be purchased by citizens. Chairman Kenney read a letter from the residents of Fairlawn Traffic Lane regarding traffic in the area and recommending that a "Caution Fairlawn Children" sign be erected. Lane Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation, and to request Chief Corr to patrol Fairlawn Lane. The Board discussed and agreed to request Peter Chalpin of the MBTA Engineering Department to attend the meeting in Cambridge regarding the extension of the MBTA on September 20, 1972 487 Mrs. Riff in and Mr. O'Connell agreed to attend the meeting of the Town Celebrations Committee on September 21 , 1972. Chairman Kenney reed a report from the Director of Public Works regarding Buckman Tavern, as follows Buckman "SUMMARY OF FINDINGS Tavern The building itself suffers from a great lack of preventive main- tenance which is the main cause of the deterioration of the interior side walls, clapboards, facia boards, gutters, window sills and frames, dormers, and the wooden shingled mansard roof . While an anneal main- tenance program would have reduced the amount of damage from water, dampness, and seasonal heat exchange, the building' s present condition is also structurally unsound and in need of a complete overhaul . I . The entire basement of the main house, the post office, and under the rear area (under the kitchen) appears to be in excellent condition as a result of the work done in 1965. The sills, floor joists, and carrying beams that have been reinforced, replaced, and 1 insect controlled, appear to be in fine condition. 2. There is a buckling wall between the taproom and the kitchen - the removal of a stairway in the kitchen may have had some effect on this. 3. In the east wall of the main house between the taproom and the kitchen, the beam adjacent to the stairway seems to be missing a supporting column. 4 The middle side of the north side of the attic surbbunding the fireplace all plaster should be taken out - leaks around fire- place I 5. Roofing and flashing obviously leak on the mansard roof . 6. Front portion of the mansard roof section is leaking around the gutters and windows of the attic 7. Outside upper roof and flashing appear to be in god condition. 8. Throughout the house, a lot of cracking may be due o the amount of irregular heat control , dampness and moisture, an lack of maintenance. i 9. Porous condition of roof causing dampness in walls. 10. Center wall and gutters over front door appears to be nothing but moisture getting down behind the clapboards II . Wooden roof and dormers should be replaced and tightened up with flashing. 4 S RECOMMENDATIONS I . The Buildingshould have a complete survey to evaluate the I P above mentioned conditions. 2. The survey should include a full report of existing condi- tions, and an engineer' s estimate of cost for the complete renova- tion of this building. All this should be completed in time for consideration in the 1973 budget review I have reviewed this problem with various societies, including the Preservation Society of New England Antiquities, and find that there are a number of people ready to assist the Town in preserving this building." After discussion, the Board agreed to write to Mr. Butters, President of the Historical Society, and enclose a copy of the report and request that preliminary figures on repairs be submitted on November 30 so they may be included in the overall 1973 capital budget. Chairman Kenney read a memorandum from the Director of Public Works regarding Oakmount Circle, as follows "As you may recall , Contract 70-7-E was awarded to the J.M. Lucente Co. for the construction of sewer in various streets, one of which is Oakmount Circle. In addition, the Board Oakmount awarded Contract 72-2-E to P. Gioioso & Sons for drain con- Circle struction in various locations including improvements to Sewer & Oakmount Circle in the same vicinity as the sewer. In attempt- Drain ing to schedule the construction, it has come to our attention that a conflict is unavoidable between the two projects. Should the situation remain as is, the drain would be installed first, then the sewer would be installed requiring the drain to be removed and relaid. We call your attention to Article 9 of Contract 70-7-E. This article, in effect, states that only with written permission of the Board of Selectmen the contractor may assign or sublet a portion of the work to be done to a sub-contractor and the awarding authority may make direct payment to the sub-contractor. At this time we are recommending that the Board approve the sub- letting of the Oakmount Circle sewer from J.M Lucenti Co. to P. Gioioso & Sons. J.M Lucente is in favor of subletting this work and P. Gieloso & Sons is willing to perform the work at the unit prices bid under Contract 70-7-E. The basis for this recommendation is that Gioioso is better equipped to handle the large quantity of 4S III ledge estimated in this area plus averting the conflict with the sewer and drain Having one contractor perform both items of work will avoid any confusion and expedite the completion of both projects. It is our feeling that these steps would be in the best interests of all parties concerned." After discussion, the Board agreed to accept the recommendation of the Director of Public Works. Upon motion duly made and seconded, it was voted to allow J.M Lucente Co. to sublet the sewer installation contained in Contract 70-7-E to P. Gioioso & Sons under the following conditions I . The vote of the Board in favor of subletting this work to be approved by Town Counsel I 2. The work is to be performed at the unit prices bid hinder contract 70-7-E originally awarded to J.M. Lucente nc_,. 3. The work is to be done under the supervision of the Director of Public Works. The Board agreed to meet with Mr. O'Connell on Saturday morning, October 28, to discuss collective bargaining, budget schedule, etc. The Board discussed the appointment of a Member-at-Large to the Lexington Commission on Suburban Responsibility. LCSR Upon motion duly made and seconded, it was voted to appoint Mrs. Member-at- Elizabeth H Clarke a Member-at-Large on the Lexington Commission on Large Suburban Responsibility for a term expiring June 30, 1973. The Board discussed the informational meeting to be held with the Spring Street residents on Wednesday, September 20, at ry Hall . Mr McSweeney This meeting is to be held to talk with the citizens. We designed this for a 30 ft. pavement and a 5 ft. side- walk and that is what we are presenting on Wednesday night. The Design Advisory Committee said we didn't consider the results of a Spring St. meandering sidewalk and the results of the survey. If you have a meandering sidewalk, you have to go to Town Meeting as it becomes a footpath at their front door This is a non-benefit street and it should be considered for Chapter 90 funds; if it is less than 30 ft , we will not get financial aid from the State. Chairman Kenney What would it cost to just re-surface, to use pil and chips, about $15,000? Mr McSweeney Maybe $8-9,000. Mr. Busa If you go that route, they would still have a drain problem. Mrs. Riff in What is the width of the street as it was staked out? Mr McSweeney It tapers from 40 ft to 55 ft. in places. I Mrs Riff in The sidewalk is on the west side? 290 Mr McSweeney Yes Mr Buse Could they pay a betterment? Mr McSweeney No, it is a collective and arterial Street Mr Bailey As the Board of Public Works, we support the 30 ft pavement and the 5 ft sidewalk, and as the Board of Selectmen we support this I think Town Meeting ought to make the decision on this. Mr Bailey to Mr McSweeney At the informational meeting on Wednesday, the Town Engineer will be ready to make a recommendation to the Selectmen? Mr McSweeney I will take it under advisement, and make a recommendation to the Board. Mr Brown I request that 1 would like it to be pursued regard- ing a 24 ft. pavement vs a 30 ft. pavement The Board agreed to attend the informational hearing on Spring Street on September 20 in Cary Hall . " Bedford St Mr Bailey asked the status of the Eldred Street-Bedford Street Eldred St. request for traffic signals. Traffic Mr. McSweeney We are waiting for Mr. Mistretta of the State Signal DPW to make a decision. Chairman Kenney read a report from the Traffic Committee regard- ing a request from the Cary Memorial Library Trustees concerning parking around the library area. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee and to so inform the Library Trustees as follows Item I . Strict enforcement is being implemented with regard to metered parking. Library Item 2. The installation of meters along Clarke Street from Parking Massachusetts Avenue to Raymond Street is currently being studied and as soon as sufficient data is gathered a recommendation will be made Item 3 In recent weeks, the "Douglass" lot was cleaned and spaces will be painted on 9- 19-72. This work is being done in conjunction with a plan to meter this lot for public use. Item 4. The "Library" lot should be signed to allow only library patrons and personnel to park there. Item 5, The D.P.W. has been notified regarding snow removal in these lots. Chairman Kenney read a report from the Traffic Committee regard- Traffic ing a request from Mr. Arthur D. Marlin, 54 Grant Street, concerning Grant St. traffic conditions in the area 491 L "The Traffic Committee agrees that there is a problem of speeders on Grant Street, however, the same problem exists on nearly every other street in Town and we must disagree with Mr. Marlines proposal for remedying the situation. Grant Street is currently posted for 30 MPH and, if drivers will not obey these signs where violations mean penalties, a "Children at Play" sign is hardly likely to make much impression on them The only pur- pose this sign would serve would be to create a false sense of security in the minds of the children and parents. In our opinion, this would create an even greater problem than exists now. Therefore, we recommend increased enforcement by the Police Department on Grant Street. Chief Corr advises that this will begin immediately." Upon motion duly made and seconded, it was voted to accept the recommendations of the Traffic Committee regarding Grant Street traffic conditions, and to so inform Mr Marlin. Chief Corr is to be instructed to patrol the area Chairman Kenney read a report from the Traffic Committee regard- ing a request from Miss Nora Ford, Staff Counsel for Raytheon Company, concerning traffic conditions on Spring Street. The report states that a meeting was held with Miss Ford and members of Raytheon Com- Traffic pany and the problem, as presented, is that since the construction Spring St of Route 2 and subsequent realignment of Spring Street, several Raytheon accidents, three to date this year, have occurred involving Employees of Raytheon and drivers travelling toward Route 2 on Spring Street. The Raytheon Employees were, at the time of the accidents, exiting from Hayden Avenue to enter the driveway to their building which is directly across from Hayden Avenue All present agreed that there is a definite sight distance limitation problem on both Spring Street and Hayden Avenue due to the down-hill curvature of Spring Street and banking on the southeast corner of this intersection. At present, the only workable solution to the problem appears to be sight distance easement on the Kennecott Copper Property. However, the Engineering Department will make a more formal proposal regarding this once a determination is made on the future of Spring Street. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee regarding Spring Street and to send a copy of the report to Miss Ford. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security, the financial interest of the Town or the reputation of a person: After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 00 p.m. A true record, Attes fii—a- r Executive Clerk, Selectmen 492 , SELECTMEN'S MEETING September 25, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday evening, September 25, 1972, at 7 30 p.m. chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riff in; Mr. Legre, Town Counsel ; Mr. O'Connell , Town Manager; Mr Martin, Assistant Town Engineer; Mr Coscia, DPW Manager; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney informed the Board that a tree hearing was held School Street on School Street and the abutters have notified the Board of their objection The Board will take this under advisement. The contract has not been signed and no trees will be coming down this week. This will be an agenda item for next week's meeting of the Board Chairman Kenney opened an informal hearing on the petition of the Mystic Valley Gas Company to install gas mains and regulator pits in areas of Lexington. Legal hearings are not required but we felt it would be in the interest of good public relations to notify the abutters. Mr Kirshner, representing the Mystic Valley Gas Company, was present. Chairman Kenney The first petition is a request to install a 4-inch high pressure welded steel gas main in Webb Street. The Mystic proposed location has been approved by the Director of Public Works Valley and will conform to his specifications. Gas Co. Plans were explained showing an existing gas main to 17 Webb Webb St. Street and it is proposed to take this down the other side of Webb Street to service six new homes. Mr. Brown Do these homeowners want gas, or do they get it automatically? Chairman Kenney This is a request of the builder, and he wishes to have gas. Mr James Hansen, 29 Webb Street Will the proposed gas line pass in front of my house? Chairman Kenney It is proposed to take it down to 21 Webb Street and then cross the street. Mr Hansen 1 question whether any resident has been asked about the extension of the gas line. Chairman Kenney The purpose of notifying you was so that we could get your feelings. Mr. Hansen I believe I speak for others and they consider it a safety hazard and unnecessary. This developer has requested special consideration in the past and as now asking for special con- sideration on- sideration Chairman Kenney :t know of no special consideration Mr. Hansen He has been in violation of the building code; it is on record. 493 s Chairman Kenney This is a hearing on the petition of the Gas Com- pany; your remarks are to be made on this. Mr Bailey What is the safety problem you are alluding to? It is a 4-inch main. Mr. Hansen Webb Street has been in existence for over 50 years and we got along very well without gas and we didn't want gas - until such time as the developer came in We have concern for leaking gas, a ruptured pipe or an explosion Chairman Kenney You say you don't want it on the street; it is on the street now. Mr Hansen That is true. Chairman Kenney We do have a builder who is putting in six houses and he wants gas. Mr. Hansen He is not a resident. Chairman Kenney Is there anyone else from Webb Street who has a question? Hearing none, Chairman Kenney declared the informal hearing closed. After the other three hearings, the Board will make a decision Chairman Kenney opened an informal hearing on the petition of the Mystic Valley Gas Company to install an 8-inch pressure welded steel gas main in Lowell Street Chairman Kenney This extension is necessary to improve the Lexington high pressure distribution system for the coming heating period. The proposed location has been approved by the Director of Public Works and the extension will conform to his specifications. The proposal is to come down on the soft shoulder and end it at Thoreau Mystic Road; it is just looping the system. There are several trees, none of Valley which will be cut, but the line will go close to the trees. Mr. Coscia Gas Co. recommends that permit conditions will include ( 1) working hours of Lowell 9 00 a.m. to 3 30 p.m. (2) any excavation near or around trees shall Street be done by hand in order to eliminate any damage to tree roots The tree warden must be notified before the excavation begins Mr. Harry Farrington, 234 East Street I would like to see the plan. Mr. Coscia explained the plan and said that there was an alternate plan but if there is no objection, we will continue according to the plan submitted. Mr. Farrington How deep is the line? Mr. Coscia Approximately 30 inches. Mr. Farrington Do you expect to do it without disturbing the trees? Mr. Coscia Yes. Mr. Farrington Is this line serving any new area? Mr. Kirshner No Mr. Farrington When is the construction scheduled? Mr. Kirshner The 8-inch pipe should be here within a week's time; we should start immediately after that Mr. Farrington Was there a problem that you could not supply III sufficiently last year? -19-1 / Mr. Kirshner The pressure did drop down some; when we tie in to Lowell Street, it will take care of the cutback in other situatiens. Mr Alibrandi , 565 Lowell Street Is there any consideration to tie this in with the sewer line? Chairman Kenney They ace completely unrelated. Mr Alibrandi I thought they could do it just once and tie it together and save everybody a lot of problems for repairs. Chairman Kenney We are not in a position to do this; the sewer would go in the street, not in the soft shoulder Mr. Kirshner There will be two crossings, one in Thoreau Toad and one in East Street. Mr Farrington What is the danger? Mr. Kirshner We have steel mains and any time there has been an accident, it was very seldom in the main itself Mr Alibrandi Is it just to serve Lexington or an adjacent area? Mr. Kirshner The main feed will be for Lexington; if there is a change in the demand, some of the gas could go towards Arlington. Chairman Kenney As i understand it, it is to increase it for peak time. Mr. Bailey As I understand it,_ it is from three directions - from Lexington, Arlington and Burlington. Mr. Kirshner Nothing involves you as far as Burlington with this section, by putting this filler piece in, there would be no drop in pressure; the feed would come up from Lowell Street, with no connection from Burlington at the present time. Dr. William Fraser, 533 Lowell Street, was recorded in opposition. Mr. Brown If people are worried about the safety of the lines, there must be more facts. I am uninformed about these facts and would like to know them. We read in the newspapers about houses being anni- hilated by gas leakage and I would like to know the facts. Mr. Kirshner I can ask our General Superintendent to meet with you. Mr Alibrandi Would the Gas Company assume liability? What about the homeowner? Mr. Bailey He would sue; if a catastrophe occurred, that is a matter for the court; I don't think the Gas Company assumes any liability at all Mr Alibrandi Would vibrations frau trucks ever cause a rupture, and how would you fix the liability? Mr. Bailey I think it is a matter of time to establish a credible accident Mr Alibrandi On Webb Street, the one that is petitioned, they had a leak on Webb Street and fortunately it was a leak and not an explosion. There Is a definite safety factor to be considered. Chairman Kenney declared the hearing closed Chairman Kenney opened an informal hearing on the petition of the Mystic Valley Gas Company to install a Regulator Pit in Winthrop Road. The proposed location has been approved by Mr. McSweeney. [ F, 4 � 5 I III Mr Kirshner, representing the Mystic Valley Gas Company, explained that "if you cut down to a 2-pound system from the Center, the Depart- ment of Transportation decided it should be a double pit in case one failed; it cuts the pressure down to the houses from 50 pounds to a 2-pound system." Mr. Bailey You consider 50 pounds as high pressure? Mystic Mr. Kirshner Yes; medium pressure is 25 pounds and low is 2 Valley pounds. We will abandon the one in the Center. Gas Co No one appearing in favor or in opposition, the Chairman declared Winthrop the hearing closed. Road Later on in the meeting, the Board voted to approve the location. Regulator Upon motion duly made and seconded, it was voted to approve the Pit petition of the Mystic Valley Gas Company to install a Regulator Pit in Winthrop Road. Chairman Kenney opened an informal hearing on the petition of the Mystic Valley Gas Company to install a Regulator Pit and piping in Eldred Street. The proposed location has been approved by Mr Mystic McSweeney and will conform with his specifications. This is a single Valley Regulator Pit Gas Co. Mr Kirshner There is one in there now and we would put this Eldred St one in adjoining it; they require two Regular Pits now. Regulator Mrs Riff in What is the actual size? Pit Mr Kirshner 4 ft. x 4 ft with an 8-inch wall No one appearing in favor or in opposition, the Chairman declared the hearing closed. Later on in the meeting, the Board voted to approve the location. Upon motion duly made and seconded, it was voted to approve the petition of the Mystic Valley Gas Company to install a Regulator Pit in Eldred Street. The Board agreed to table the decision regarding the installation of gas mains on Webb Street and Lowell Street pending a meeting with the General Superintendent of the Mystic Valley Gas Company on next Monday evening. Hearing was declared open at 8 05 p m. upon petition of the New England Telephone Company and the Boston Edison Company to relocate a pole on Marrett Road. Notices of the hearing were mailed to the petitioners and abutters as listed on the petitioners' plan, and NET&T Co. & also filed with the Director of Public Works. Mr. Dunn, -representing Boston the New England Telephone Company, and Mr. Pratt, representing the Edison Boston Edison Company, were present Also, Mr. Mazolla of 526 Marrett Rd. Marrett Road Pole re- Mr Dunn This petition is at the request of Mr. Mazolla to location move the pole for the construction of a new driveway. The pole will be moved 29 feet to the lot line. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed. 496 a Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company and the Boston Edison Company for the following relocation Marrett Road Approximately 489 feet northwesterly from Middle Street, one pole; also remove one pole. Mr. Legro requested the Board to sign the option granted by William Hill at the rear of 142 Marrett Road, which was authorized Exercise of under Article 53 of the 1972 Annual Town Meeting; a parcel of 10.48 Option Hill acres according to the plan prepared by the owner. $30,000 is the Land agreed price and the option must be exercised on or before October 3, Marrett Rd. 1972 Upon motion duly made and seconded, it was voted to sign the exercise of option of a parcel of land owned by William Hill at the rear of 142 Marrett Road on or before October 3, 1972. Mr Legro requested the Board to sign the order of taking of Orders of drain easements on either side of Wood Street with an award of no Taking Drain damages, as voted by the Board on August 21, 1972 Easements Massachusetts Institute of Technology, Hervey W. and Wood St. Barbara H Heywood, Jenkins Realty Inc Mr. O'Connell informed the Board that bids have been received on the furnishing of salt to the Town from Eastern Mineral, Chemical Corporation, and International Salt Co , all at $17 per ton This Salt Bids is the second year in which we have received identical bids; all bids have been rejected. We are now looking into the possibility of procuring bids with Waltham and Brookline as we understand that joint procurement bids taken by other towns have shown more attrac', tive and competitive bidding One group of towns received bids of approximately $14 per ton. The Board agreed that Mr. O'Connell is to pursue the matter of joint procurement of bids for salt. MrO'Connell informed the Board that he had attended a meeting of the Boston Transportation Planning Review last week regarding the proposed extension of the Red Line from Alewife Station to Route 128 at Hartwell Avenue. The project is at the preliminary draft report META status and covers the key points on the engineering feasibility of Extension the route, not on the environmental feasibility After revisions, the report will be ready in December for comment. The route that this report evaluated starts at Alewife and this is the first planned extension to Arlington Center to Arlington Heights, to East Lexington and over the Bedford branch of the Boston & Maine, through Lexington Center, underground from Woburn Street to Hancock Street with a station located approximately at Depositors Trust, to beyond Hancock Street then on an open cut at Bedford Street behind the Fire Station, then on grade to Hartwell Avenue. It seems that this route would appeal to Arlington and beyond Route 128; the appeal to Lexington should be left to evaluation. There will obviously be keen interest as to what the rapid transit line would do to help Arlington, etc , solve their problem Chairman Kenney read a letter from the Minuteman Regional Voca- tional Technical School District notifying the Town of the vote passed by the Regional School District Committee at its meeting on Friday, September 15, 1972, as follows "VOTED that the sum of $12,900,000 is appropriated for Regional the purpose of constructing and equipping a regional voca- Vocational tional technical high school and, that this appropriation School Vote shall be raised by the issue of bonds or notes of the District under Section 16(d) of Chapter 71 of the General Laws, as amended and supplemented, such appropriation and borrowing to be in addition to the $900,000 borrowing previously authorized by this Committee and in addition to any Federal aid received for the aforesaid project." Chairman Kenney The record shows the vote is received. The Committee is borrowing the money and, as such, is encumbering the Town of Lexington for its share of the debt. Mr. Legro retired from the meeting Chairman Kenney read a request from Richard W Souza of Concord Avenue Realty Corporation for permission to proceed with the construc- Mr Souza tion of sewer to service four lots on the corner of Spring Street and Sewer Concord Avenue Connection A report from the Director Of Public Works was read stating that "we are in receipt of a plan and profile of this propsed sewer, stamped preliminary, as prepared by Miller and Nylander. We conclude that the design is acceptable and probably the most feasible approach to re- solving the problem We recommend that, prior to any approval , a sewer charge in lieu of betterment be paid and that upon completion of the sewer construction an easement for same be deeded to the Town and the sewer be accepted as part of the Town' s system." Mr Martin, Assistant Town Engineer Three of these lots would be bettered for $877. 15, the fourth lot for $632 10; the total amount to be assessed as sewer charges in lieu of betterment is $3,263 55 Chairman Kenney Send us a report, in writing, with the betterment assessments We can vote to proceed with the construction of the sewer, subject to conditions Upon motion duly made and seconded, it was voted to grant permis- sion to the Concord Avenue Realty Corporation to proceed with the construction of the sewer, subject to the following conditions I A sewer charge in lieu of betterment to be paid to the Town of Lexington. 498 2 Upon completion of the sewer construction, an easement for same be deeded to the Town and the sewer be accepted as part of the Town' s sewer system 3 The sewer charge should be paid and the easement signed prior to the beginning of any construction Mrs Riffin abstained from voting. Chairman Kenney read a report from the Traffic Committee regard- ing a letter received from Mrs Richard Magnuson, II Hancock Street, Traffic concerning traffic safety conditions on Hancock Street. Hancock St. The report states that Mrs. Magnuson recommends that "stop signs be posted wherever residential feeder streets meet the collector street; Hancock Avenue and Edgewood Road, at Brigham Road, Hayes Avenue, Adams Street, and at Coolidge Road and North Hancock Street." The arrangement proposed by Mrs. Magnuson is in direct contradic- tion with the Massachusetts Department of Public Works, and their bulletin states that stop signs are not intended, nor should be em- ployed as a means of speed control . Mrs. Magnuson' s major reason for requesting these signs is "speed is controlled as drivers do not have the same opportunity to gain momentum as they do on a long unencum- bered straightaway " It might be worthwhile at this point to explain that approval of stop sign locations is governed by stringent regula- tions; as stringent, if not more so, than regulations governing traffic signal installations. Unless the regulations are adhered to, to the letter, stop signs would be posted indiscriminately and would be meaningless and ineffective, other than to cause confusion and, most probably, more accidents. Hancock Street is now posted for 30 MPH speed limit but it is expected that if State approval were to be requested for a speed change, a higher speed limit, probably 35 MPH, would result The Traffic Committee was informed by Chief Corr that Hancock Street is currently under strict radar surveillance. In view of the foregoing facts, the Traffic Committee recommends no action on Mrs. Magnuson's requests Chairman Kenney said that Mrs. Magnuson's letter mentions that "the lack of adequate catch basins on both sides of Hancock Street near Goodwin Road is inexcusable Supposedly, funds were appropri- ated six months ago for such catch basins." Mr. Coscia The job is underway; we are waiting for a drain easement through Mr. Small 's property. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee that no action be taken at this time, and to so inform Mrs. Magnuson and, also, to assure her that the Police Department will continue to maintain radar surveil- lance, and that drainage improvements should be completed within the next few weeks. 4199 Chairman Kenney read an invitation from the National Park Service to attend a preplanning public meeting for the Master Plan Revision Minute Man Stud for Minute Man National Historical Park which will be held at Y National the Concord Regional High School on September 26 at 8 00 p.m. Park Mr. O'Connell is to check with the Planning Board for represent- ation at the meeting. Chairman Kenney read a letter from the State Community Antenna Television Commission requesting that all cities and towns refrain from issuing new cable licenses for the period from September 20, 1972 through March 20, 1973, inclusive. The letter states "...during this period, we encourage all issuing authorities to engage in those activities that will lead to maximum public participation and under- standing of the licensing process and that will assist this Commission CATV in promulgating its initial forms and regulations. These activities include establishing local cable committees, developing criteria to guide applicants in their bids for licenses and holding meetings, excluding formal license hearings We have determined that grave inequities and disservice to the public may result if licenses are issued during the subject period. The experience of the federal gov- ernment and that of other states has shown us two pitfalls to avoid patchwork regulation that fails to serve the broad public interest or ill-informed zeal for strict application of the Commission' s strong statutory authority Either of these courses, by inviting litigation, can delay the growth of the cable industry by years. Our aim is to act with understanding of the viewpoints of the various interests involved." Chairman Kenney The status of CATV in Lexington is that we have an individual coming back with a recommendation to set up an Advisory Group At this time, we will inform the State CATV Commission that we will accede to the request for a moratorium, and send a copy of the correspondence to Mr. William Page for his information in setting up the Advisory Group Upon motion duly made and seconded, it was voted to accept the recommendation of the State Community Antenna Television Commission to declare a moratorium on issuing new cable licenses (franchises) for the period from September 20, 1972 through March 20, 1973 inclu- sive. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration Certificate 1 of Incor- poration Joseph H. Roberts 2 Liberty Street William A. Ridgely 62 Spring Street "Vulcan Society Of Massachusetts, Inc." Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting of August 21 , 1972. 5'l U Chairman Kenney read a letter from the Town Meeting Members Asso- ciation listing nominees for appointment to the Lexington Commission LCSR on Suburban Responsibility. Two representatives are to be appointed, TMMA one from TMMA Executive Board and one from TMMA. Upon motion duly made and seconded, it was voted to appoint Mrs. Judith Totman as representative of the TMMA Executive Board and Mr. James M McLaughlin as representative of TMMA on the Lexington Commis- sion on Suburban Responsibility, for terms expiring June 30, 1973. Chairman Kenney informed the Board that a transfer is needed frau the Reserve Fund to Account 1775-Law Fees, in the amount of $9,000, Transfer for the transitional period of approximately two months when we have Law Fees the new Town Counsel and the Special Counsel Upon motion duly made and seconded, it was voted to approve the recommendation to the Appropriation Committee for a transfer from the Reserve Fund to Account 1775-Law Fees, in the amount of $9,000. Chairman Kenney a read report from the Assistant Town Engineer P 9 regarding a request of the Board to check drain covers on Waltham Street and Bloomfield Street and, if possible, turn them so that they are perpendicular rather than parallel to curbings Chairman Kenney As you know, the Minute-man carried a picture of a drain cover installed parallel to the curb with the caption that the spaces are wide enough for a bike tire to get caught in it. We Catch Basin asked for a report and it states that grates with parallel bars have Grates a substantially greater inlet capacity than grates with transverse bars. This fact is authenticated in Design Engineers General Memo #7, Issued by the State DPW in 1967. Laboratory and field tests have conclusively demonstrated that inlet grates composed of parallel bars are better able to handle trash and have a greater capacity for the same size inlet than grates with transverse bars, therefore, parallel bar-type of grate should be used. As a result of these tests, catch basin grates are now designed so that the possibility of transverse placement is impossible as the corner of the frame has a mitered section added so that the grate can be placed in only one direction. Chairman Kenney to Mr Coscia In the way of policy, if we are installing a new drain and if you can install a waffle type, install them. Mr. O'Connell The problem is not limited to Lexington; the State is looking into this. I would comment that it is only a hazard to foreign made bikes, not American. Mr. Coscia I don't think there has been an accident in Lexing- ton because of these drains Chairman Kenney informed the Board that Chief Corr has received Police a letter from the FBI National Academy stating that Captain James J. Dept Lima, Jr., has graduated from the Academy after successfully com- pleting his 12 weeks course. I 5O ` Mr. Buse reported that he had attended the graduation exercises on September 15 at the new Academy at Quantico, Virginia and Captain Lima had finished in the top 5% of his class. The Board agreed to write a letter of congratulations to Captain Lima. Chairman Kenney read a request from Mrs. Judith G Shiner for per- mission to erect several signs indicating that an antique show will be held for Temple Isaiah at the Bowman School on October 15 from Noon to Permission 6 00 p.m for Signs The Board agreed to inform Mrs Shiner that it has no objection to placing the Antique Show signs in the area of Bowman School , with the understanding that they be put up and removed the same day, also that extreme caution be taken that the signs are not nailed to trees in the area. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session 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 go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10 40 p.m. A true record, Attest Executive Clerk, Selectmen , I 502 SELECTMEN'S MEETING October 2, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, October 2, 1972, at 7 30 p.m. Chairman Kenney, Mrs. Riff in, and Mr. Brown; Mr Cohen, Town Counsel; Mr. O'Connell , Town Manager, Mr. McSweeney, Director of Public Works; Mrs McCurdy, Executive Clerk, were present. Special Town Counsel Legro was present and the Board members Town expressed their most sincere thanks to him for his ten years Counsel of service as Counsel for the Town of Lexington. Mr. Legro is to continue as Special Counsel for a few months. Town Counsel Norman P. Cohen was present at his first meeting with the Board following his appointment which became effective on October 1, 1972 At the request of the Town Clerk, four Jurors were drawn as Jurors follows John N. Langstaff 9 Burlington Street Frank J. Sager III Emerson Gardens Bernard Bernstein 132 Worthen Road Carl B Drevitson, Jr. 9 Volunteer Way Mr. DiGiovanni , General Superintendent of the Mystic Valley Gas Company, met with the Board Chairman Kenney The Board held an informal hearing regarding Gas Mains your company' s petitions to install gas mains in Lowell Street and' Lowell St Webb Street Selectman Brown and the abutters had questions con- Webb St cerning the safety hazards which were involved and the requests were tabled at that time Mr. Brown I had questions about the safety and the kind of problems that people worry about It would be interesting to hear what the Gas Company has to say. The worry seems to focus on when the Gas Company hits something, I would like to hear a general statement about gas in streets Mr. DiGiovanni As far as the line itself going in, it is a steel line with pipe lengths of approximately 40 feet, Joined to- gether by a welding process; the Weld is stronger than the steel pipe At the time of installation, it is inspected by the Gas In- spector and the codes are adhered to according to the codes of Massachusetts adopted in August, 1971 As far as the line itself, some have safety aspects relative to it; the line itself is pro- tected against corrosion by magnesium anodes and is coated with a polyethylene material which does not corrode. The joints are coated with the material and taped. When through with the line, it is isolated from the ground. At the completion of the installation, 503 III/ the line is tested to 100 pounds per square inch of pressure so if there are any leaks at that time we would know it We make sure the line is solid and can withstand pressure and can operate in the vicinity of 35 to 40 pounds of pressure It will have a box at the beginning and the end of the line so that wires are attached to the box. We are required by law to take annual readings so that we can know that no corrosion has taken place. During the course of the year, we run extensive tests by a unit which travels through all streets to see if any readings of gas are present. If you go over it with a lighted cigarette or a match, the machine will ring off They do Lexington twice a year. We also have an outside outfit which comes into Lexington and other towns for additional inspections throughout the year to make everything safe. As far as damage by contractors, there is a State law that came into being in 1963 that anytime there is any excavation in a street, they are obligated to contact the town. If people telephone the Gas Company, we go out. It is the State law, as far as any pos- sible damage by a contractor, to notify abutters. Mr Brown How do accidents happen? Mr DiGiovanni The law came into effect in 1963 and the State amended it in 1970 where they also included private homeowners In places like Burlington, if a private contractor is putting a sewer in a home, he also has to notify the Company. That particular law was a problem and Massachusetts was the first to accept that in 1970. Mr. Brown Do insurance rates change because of the extension of a line in the street? Mr. DiGiovanni I am sure they don't. Essentially, we have gas lines on 90 percent of the streets in every town and I am sure there is no difference. We are franchised to serve the town and there is no rate differebce. Dr. William Fraser, 533 Lowell Street Is it going under the street? Is it avoiding the asphalt? Chairman Kenney Yes, it is going down the soft shoulder. Dr. Fraser The last time you said that three trees would possi- bly be taken out What about them? Chairman Kenney The intent is to go behind or around them Any digging will be done by hand. Dr Fraser Some of these hedges now abut the asphalt and we would like hedges and large rhododendrons if you remove them. Chairman Kenney to Mr. DiGiovanni In the event the contractor has to remove a hedge to install a main, does he replace it? Mr. DiGiovanni 1 don't believe any hedges are to be removed, this was worked out with the least disturbance possible. Dr Fraser 1 am the spokesman for the people and they are dis- turbed about losing the rhododendrons. Mr. Martin, Assistant Town Engineer Mr Coscia has gone over this and there are no trees coming down. This layout has been gone over as far as the least amount of damage. Chairman Kenney In the event that some shrubs are removed, they would be replaced. Dr. Fraser In size? 504 Mr. DiGiovanni We are about 4 feet off the macadam Dr. Fraser That is awful close. Chairman Kenney Some of these things may have to go but the intent would be to replace them. Mrs Riffin How wide will the trench be? Mr DiGiovanni 2 feet wide x 3 1/2 feet. From the macadam to the house is approximately 2 1/2 feet. Mrs. Riffin Theoretically, it would be about 4 feet in. Mr. DiGiovanni The line might be pushed further out or in. Dr. Fraser That clears that up. What happens when there is a leak? Mr DiGiovanni We are talking about a new line with a lot stricter codes. There would not be a leak by corrosion, we are talking a steel line coated with polyethylene. Mr. DiGiovanni to Dr. Fraser When the line is constructed, I would like to Invite you to look at it. Chairman Kenney Is there anyone present from Webb Street? No one from Webb Street was present. Upon motion duly made and seconded, it was voted to remove from the table the petition of the Mystic Valley Gas Company to install gas mains in Lowell Street and Webb Street. Upon motion duly made and seconded, it was voted to grant permis- sion to the Mystic Valley Gas Company for the following locations I . Installation of 8-inch high pressure gas main in Lowell Street, subject to the following conditions a Working hours - 9 00 a.m to 3 30 p.m b Any excavation near or around trees shall be done by hand in order to eliminate any damage to tree roots Tree Warden, Mr. Paul Mazerall , must be notified before the excavation begins. 2. Installation of 4-inch high pressure gas main in Webb Street. The Board discussed the School Street sidewalk. Residents from School Street were present. School St. Chairman Kenney read a petition from the residents of School Sidewalk Street stating their objection to the construction of the sidewalk. Deletion Chairman Kenney Originally, the request for a sidewalk was from people further up the hill and was not a request of the abutters, who do not want it. There is a sidewalk on the other side of the street and this fairly well supplies them. A report from the Director of Public Works was read stating that "During the informational meeting held on September 5, 1972 regarding the 1972 sidewalks, two of the five residents of the affected area of School Street were present, and one, Michael Cardillo, voiced opposi- tion to the sidewalk. The other resident, Frederick McMenimen, Jr., 505 reserved the right to make his opinion known by phone and subsequently by letter This letter was received on September 18, 1972 and was signed by three of the five families affected On September 25, 1972, tree hearings were held on School Street At that time, four of the five families were represented and were unanimously opposed to the removal of any trees and the construction of the sidewalk. A letter to this affect was received by your office on September 25, 1972, signed by those present at the hearings. Con- struction of this sidewalk within the present layout of School Street would be impossible without the removal of three large, healthy trees, and even at this, would be difficult at best due to the alignment of the existing pavement. Also there is an existing sidewalk on the other side of School Street Based on the opposition of the residents and physical obstructions to the construction, this department recommends that this project be deleted from Contract #72-3-E This deletion is covered under Article 10 of said Contract and Paragraph No. 4 of "The Proposal" of said Contract Also, none of the original petitioners for this sidewalk were present at either the informational meeting or the tree hearing, and, of those present, none spoke in favor of the proposed sidewalk." Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works to delete the School Street sidewalk from Sidewalk Contract No. 72-3-E. Mrs. Joyce Miller and Mrs. Joyce Hals of the League of Women Voters met with the Board to discuss the recycling area at the Hartwell Avenue Landfill Chairman Kenney Mrs. Miller wrote to the Board and asked to come in and discuss the recycling area as they are distressed because Recycling there is no permanent employee at the recycling area. Hartwell Mrs. Miller The League of Women Voters feels that everyone Landfill should take an active part and support it on the local level . We were pleased last winter with the allocation of $3,000 plus something from the personal services budget. Mr. McSweeney commented in a letter to me that the program was a success and this indicates that the people in Lexington are eager for the program and support it. During the summer months, a student was assigned on a part-time basis but Mr. McSweeney informs us that there are no more funds to pay an employee to be present and to supervise the operation. Mrs Hals The burying of refuse eats up land, pollutes surface and groundwater supplies, blights the landscape and squanders our nation' s resources. Lexington now dumps approximately 25,000 tons annually and this rate is expected to be 30,000 tons within 8 years. Meeting State landfill standards will mean higher costs to Lexington, and a 50 percent reduction of waste would double the life of our landf i l l 566 Chairman Kenney I don't think you have to sell the members of ' the Board on recycling. We are involved in a situation where we lack implementation. Last year, we looked at the program and speci- fically indicated $3,000, plus minimum personnel . We did not hire anyone to supervise but college students were able to keep up with it; but we had a problem with the Department of Public Works Union who allowed it on a temporary basis in the summer; it is a full time job to attend the recycling center In talking with Mr. McSweeney, because the sanitary landfill is opened 7 days a week, we actually need to staff it with two people and we agreed to support the recy- cling and work our way into it, not automatically adopt the program which you people propose Mrs. Miller What is your objection to a town-wide pickup? Chairman Kenney Several objections, there is money and un- sightliness on the streets. Mr McSweeney We are waiting to analyze the future arrange- ments but I would add that without the employee, you can't supervise the operation Chairman Kenney to Mr. O'Connell Do you think we can have some sort of answer as to whether we could go back to a part-time employee. Mr O'Connell We can review it with the Union to look at it on limited hours with temporary personnel . I don't know how we can do it before the budget review period but we can get them to extend the understanding. Mrs. Riff in How many hours would we have to have an employee there on part time? Mr. McSweeney The hard hours are the weekends We had some- one there from 9 00 to 4 30 in the summer; maybe we could work out some program to get a younger student from the schools. Mrs Miller We feel one of our major contributions would be to educate the people, we would support it in any way we could. Mr Brown Why is it we have to be open every day of the week? Chairman Kenney The citizens demand it. Mr. Brown As a suggestion, if you have certain hours, one might be able to control the cost of the dump by changing the hours, and, therefore, have some money available to do some of the other things we want to do. Mr O'Connell People have grown accustomed to the hours and when we change the hours, it is our telephone that gets red hot. Mr Brown From a practical point of view, I wonder if we can reduce some hours, such as on Thursday afternoon when no one is there. Chairman Kenney From our past experience, to curtail the hours met with objection, and I am not sure how much you would save. I have asked Mr. O'Connell and Mr McSweeney to find some means for us to go back or close to, the status of last summer and have asked Mr. McSweeney to prepare budgetary consideration for I or 2 attendants. That would take Town Meeting approval I ►CO f4 Mrs Hals Is it possible to start a separate area for collection of leaves? Mr. McSweeney We can, but we would have to put up a snow fence Mrs Miller and Mrs Hals thanked the Board and retired from the meeting . Upon motion duly made and seconded, it was voted to go into Exe- cutive Session at 8 30 p.m. for the purpose of discussing, deliber- ating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the Executive a reputation of person. Session P After discussion of budget matters with the Appropriation Commit- tee, it was voted to go out of Executive Session and resume the open meeting at 9 20 p.m. The Appropriation Committee was still present at the open meeting . Mr. O'Connell reported that the Revenue Sharing Bill is going back to Congress, and the allocation for Lexington is $341,602, $10.80 per capita We will receive more than the neighboring towns of Belmont-$9.30 and Concord-$9.80 but less than Arlington-$12.20 and Watertown-$19.00. The intent of the bill is to provide the same amount of money for each of the next four years. The forecast seems to be that Congress will act on it very soon and the money will start flowing through State and local government between 30 to 60 days. indications Revenue are that the funds should be received before the end of 1972 and, as Sharing Bill they are 1972 funds, they can go into E & D and be subject to the regu- lar procedure that applies to E & D The timing is right for the Town to receive two years of funds which would be applicable to the 18-month budget. The purposes which qualify under the bill are any or all capital expenditures that are authorized by the State or local laws. General Revenue Sharing funds cannot be used for matching federal aid programs. The funds must be put in a trust fund and interest can be earned; if they are put in and are appropriated at Town Meeting and don't get spent until early fall , we can pick up another $10,000. Mrs. Riff in Are there any programs that would be curtailed that we are now receiving funds for? Mr O'Connell As I understand it, no. 1 understand there is going to be considerable overhaul but that is above and beyohd the $30 B. The Appropriation Committee retired from the meeting at 9 32 p.m. Mr. O'Connell recommended that the Board approve the following requests for transfers from the Reserve Fund $1 ,200 to Account No. 2940-Metered Mail , as this is the first year at 82 postage and we did not budget for 8d. $10,850 to Article 10 of the 1972 Annual Town Transfers Meeting for the payment of teachers' non-contributory pensions. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager and to request the Appropriation Committee for a transfer from the Reserve Fund to Account No 2940 in the amount of $1 ,200 508 Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager and to request the Appropriation Committee for a transfer from the Reserve Fund to Article 10 of the 1972 Annual Town Meeting in the amount of $10,850. Mr. O'Connell reported to the Board that agreement papers on Bowman School the Bowman School roof repairs are now in the signature stage and Roof we now have every confidence that the ,job will be done in October, as planned Dumping Mr O'Connell reported to the Board on the matter of dumping of Violation debris by the Mobil Gas Station in the Valleyfield area. The matter Mobil Gas has been resolved and the material removed as a result of excellent cooperation between the Mobil Oil Company and the contractor in- volved. Mr. O'Connell reported to the Board that the Data Processing Data Committee has received proposals and has voted to authorize us to Processing select System Technology Associates, Inc , Cambridge, Massachusetts. Mr. Arthur Dixon will start work on October 14 to perform a systems and procedures study of Town functions. Chairman Kenney informed the Board that Mr. Legro has requested that the Board vote to rescind the vote of September 25, 1972 to Option exercise the option on land owned by William Hill ; the option has Hill Land been extended to October 17, 1972. Upon motion duly made and seconded, it was voted to rescind the vote of September 25, 1972 to sign the exercise of option of a parcel of land owned by William Hill at the rear of 142 Marrett Road on or before October 3, 1972. Traffic Chairman Kenney read a letter from Arthur N. Landry, 5 Minute Lights Man Lane, dated September 22, stating that the traffic lights on Worthen Rd the corner of Worthen Road and Massachusetts Avenue have been in- Mass. Ave. stalled incorrectly A report from the Director of Public Works was read stating that the required changes were made on September 25, 1972. Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen' s Meeting held on September 5, 1972, as amended. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works and sign the Abatement abatement for sewer house connection to J.B.S. Holmes, 14 Middle Street, in the amount of $62 91 ; refund for damage to drain by Town forces. I 009 Upon motion duly made and seconded, it was voted to approve the request of the League of Women Voters and endorse the proclamation LWV by Governor Sargent for League of Women Voters' Week on October 5 Proclamation through October II , 1972. Chairman Kenney read a request from Special Town Counsel Legro Order of to sign the order of taking of slope easements on Winchester Drive. Taking-Slope Upon motion duly made and seconded, it was voted to sign the Easement order of taking of slope easements in two lots on the southerly side Winchester of Winchester Drive. Drive Chairman Kenney read a recommendation from the Conservation Com- mittee that it had reviewed the Old Vine Brook bridge and felt that Old Vine the present bridge should remain until proper access to it can be Brook Bridge resolved, we foresee a more attractive foot/bicycle bridge, designed to exclude motor bikes and hope this may be resolved after the March Town Meeting. The Board agreed that no action be taken at this time Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification Card for Alfred Ernest Liquor 1 D Gravallese, 157 Lincoln Street, Lexington. Chairman Kenney discussed Spring Street and said that after conversations with Mr. McSweeney, the next step would be to pre- pare a plan on the 24 ft. pavement; then we could examine the Spring Street situation and see what effect this would have on the trees. The Board agreed that Mr. McSweeney should make the necessary arrangements for a plan on the 24 ft pavement for Spring Street. Chairman Kenney read a report from Mr. McSweeney, Director of Public Works, regarding the removal of pollutants from Tophet Tophet Swamp, as follows Swamp "In order that we might keep you up to date on the status of the North Lexington Pumping Station alterations and related matters, this is to inform you that as of this writing two of the three pumps at the station are now in operation to the satisfaction of our engineers. The delays resulting from erroneous information prepared by Westinghouse regard- ing their motors have now been resolved and we anticipate acceptance of the standby third pump to be forthcoming very shortly. As you no doubt know, these additional delays have resulted in pollutants entering Kiln Brook, Farley Brook and Tophet Swamp. In order to minimize the effects of these pollutants we have been, and will continue to, treat this area with HCL(Hydrogen-Chloride). In addition, now that the main station is in operation, we wilt this week begin a I 510 program of flushing and cleaning these brooks. We are of the opinion that this operation will substantially improve the quality of the water in these brooks and restore this area to its normal character and condition " Bergstrom Re- Chairman Kenney read a request from Mrs. Beatrice I . Bergstrom, quest for 497 Concord Avenue, for an abatement of sewer betterment assessment Sewer Assess- in the amount of $1 ,411 .33. ment Upon motion duly made and seconded, it was voted to refer Mrs. Abatement Bergstrom's request to the Director of Public Works for a recom- mendation. Chairman Kenney informed the Board that Mr. O'Connell has pre- Hatch Act pared some temporary procedures regarding the Hatch Act and will attempt to get the Engineering Department involved. 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 the Session public security, the financial interests of the Town or the reputa- tion of a person. After discussion of matters concerning Committee membership and 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 25 p.m. A true record, Attest Executive Clerk, Selectmen I 51 I. SELECTMEN'S MEETING October 10, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday evening, October 10, 1972, at 7.30 p.m. Chairman Kenney, Messrs. Bailey and Brown, and Mrs. Riff in; Mr. O'Connell , Town Manager; Mr. Cohen, Town Counsel ; Mr McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. At 7 30 p.m. , hearing was opened upon' petition of the New England Telephone Company to lay and maintain conduit on Waltham Street and Brookside Avenue. Notices of the hearing were sent to the petitioner and abutters as shown on the plan, and also filed with the Director of Public Works. /4r. Mirley, outside Plant Manager of the Telephone Company, was present and said that this petition is to bring cable from the under- ground system to the Clarke Junior School to supply service into the building . Chairman Kenney Are you going in the macadam or in the soft Conduit shoulder? Waltham St. Mr. Mirley We will be on the grass, except where we have to Brookside cross Waltham Street Avenue Chairman Kenney read a report from Mr Coscia, DPW Manager- Planning and Administration, stating that this department has reviewed the location and recommends that the Telephone Company be granted per- mission to install said conduit. No one appearing in favor or in opposition, Chairman Kenney de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following location Waltham Street From manhole 54/64 near Brookside Avenue, southerly, approximately II feet of under- ground conduit. Brookside Ave From Waltham Street easterly approximately 213 feet of underground conduit to pole 11/2. The Board discussed the suspension of the permit of the Bamboo Hut, 177 Massachusetts Avenue. Bamboo Mr O'Connell The Board of Health suspended the Food Service Hut Establishment Permit following an infestation of cockroaches and com- plaints of another tenant in the building. There is a long history of complaints and actions against this restaurant for various failures to 51 2 meet standards. The last time the Board of Health granted a permit was with the requirement that a licensed exterminator be hired to keep it under control ; obviously, the owners neglected to do this. They have been advised that the Board of Health will review the matter at the next meeting and it might hold a public hearing dependent on what action has been taken by the owners. This afternoon, Mr. Yee, one of the owners, appeared at the Board of Health with King Chin as the new owner of the restaurant, and his inquiry was relevant to getting the permit reinstated since they had cleared up the problem and there would be no problem with the new owner. They were advised that the change in ownership would have nothing to do with the sanitary ques- tion. It is my suggestion that no action be taken by the Board until you learn what the Board of Health' s decision will be Chairman Kenney In the meantime, if they come in for a new license, we will have to refer it back to the Board of Health. Mr. Brown When we signed this license, did we have a report from the Board of Health regarding the problem? Chairman Kenney Yes. Mr Brown Essentially, it was cleared up when we signed it? Mr. O'Connell Yes, they have slipped back. One of the things they didn't do was make use of a licensed exterminator. Chairman Kenney We referred it to the Board of Health for an opinion and they said the violations had been checked and recommended approval of the license with specific stipulations. We granted the license until June I and we reviewed it again; they had complied with all the conditions and we renewed it for the rest of the year. The Board agreed to wait for a decision by the Board of Health. Mr O'Connell informed the Board that a request has been re- Anheuser- ceived from MPO Television Films of New York to shoot scenes around Busch the Minute Man Monument and the Battle Green for a television com- TV Film mercial for the Anheuser-Busch Brewing Company of St. Louis on October II , 1972 in the late morning or early afternoon. The Clydesdale horses would be used and the footage would show the Minute Man and the Battle Green in the background Upon motion duly made and seconded, it was voted that the Board had no objection to the filming by MPO Television Films of the Minute Man and the Battle Green, with the understanding that it be done under the direction of the Town Manager Mr O'Connell recommended that the Board sign the contract with Barnes Engineering Company, Inc. for survey services for Conservation easements on Maple Street to the Arlington Reservoir and Concord Barnes Avenue to the Waltham line in the amount of $1 ,380; approved as to Survey form by Town Counsel . Upon motion duly made and seconded, it was voted to sign the contract with the Barnes Engineering Company, Inc for survey ser- vices for conservation easements in the amount of $1,380. I 513 Chairman Kenney read an opinion from Mr. Cohen, Town Counsel, re- garding hedges at the intersection of Hamilton Road and Liberty Avenue, Safety because of a recent accident at that location. The hedges are four to Hazard five feet in height and are located within the boundaries of the Hamilton public way and the accident at the intersection was caused at least in Rd. part by the obstruction to the view presented by the hedges. Under Liberty the statute, only the Tree Warden may actually trim or remove the Ave. hedge. However, he may be ordered to do so by the Board of Selectmen Hedges if, in its judgment, the hedge has become a safety hazard to persons using the public way. Chairman Kenney We have a safety hazard and it is evidently in a public way. We have the authority to request that they be re- moved. The next step would be for the Director of Public Works to contact the owner or owners and discuss this matter with them. If there is any possibility of removing them, Mr. McSweeney will come back with his recommendation. Mr. McSweeney agreed to request Mr. Mazerall , Tree Warden, to check into the situation. Chairman Kenney read a letter from Mr. Roland Greeley, Chairman of the Street Advisory Committee, raising a question as to whether local representatives of areas under consideration by the Committee are to be considered as Ad Hoc members of the Committee. Mr. Greeley felt that he would personally view such a practice as tending to Street threaten what is expected to be a thoroughly objective role for the Advisory Committee Corms i ttee After discussion, the Board agreed to inform Mr. Greeley that, as a general policy, local representatives would not be appointed as Ad Hoc members of the Street Advisory Committee on any particular issue. However, the Board feels that neighborhood representatives can be valuable as contact points and as sources of local input, opinions and suggestions concerning any construction proposals in their area and, therefore, the Board would expect that the Committee consult with these representatives as progress is made on a particu- lar project. Chairman Kenney read a recommendation from Kingston Howard to appoint Alan B Adams a member of the Lekington Bicentennial Com- Lexington mittee to fill the unexpired term of Doris Pullen Bicenten- 1 Upon motion duly made and seconded, it was voted to appoint nial Alan B. Adams a member of the Lexington Bicentennial Committee as Committee Public Relations and Publicity Director. Chairman Kenney read a request from Claire Gray for water and Sewer i sewer connections to Lot 56-A Green Lane, situated between Crescent Water Road and Watertown Street. Connections Upon motion duly made and seconded, it was voted to refer the Green Lane above request to the Director of Public Works/Engineering for a recom endat i on. MI 4 Chairman Kenney informed the Board that nominees have been sub- LCSR mitted by Mr Johnson, Principal of the High School , for the Appointment appointment of two students to the Lexington Commission on Suburban of High Responsibility. School Upon motion duly made and seconded, it was voted to appoint Students Karen Saakvitne, 335 Marrett Road, and Joseph Russo, 580 Lowell Street, as members of the Lexington Commission on Suburban Responsi- bility, representing the High School Students. Chairman Kenney read a request from Mrs. Charlotte Sanderson, Sanderson 5 Meadow Brook Avenue, for sewer and water betterment deferment on Sewer i her land on Meadow Brook Avenue and Blossomcrest Road. Water De- A report from the Director of Public Works/Engineering was read ferment stating that the lots are 291-296 Blossomcrest Road and 215 on Meadow Brook Avenue The Board of Selectmen signed the Blossomcrest Road sewer assessments on July 13, 1970 and the water assessments on December 18, 1967; the sewer assessment on Meadow Brook Avenue was signed on August 24, 1970. Although the lots do not conform to the present zoning laws, it is our belief and that of Thomas W Kelley, Assistant Building Inspector, that these lots could be built on as separate building lots if the owner so desired. Water and sewer is available to all lots. While the ground elevation on lots 291-296 is somewhat below the grade of Blossomcrest Road, enough fill could be brought in to insure that there would be no problem with a water and sewer connection being available to each lot. Upon motion duly made and seconded, it was voted to defer pay- ment of water and sewer betterment assessments for the following lots owned by Frank J. and Charlotte Sanderson of 5 Meadow Brook Avenue, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first, provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold Blossomcrest Road Sewer Water Lot 291 $169. 10 $ Lot 292 338.20 66.00 Lot 293 330.20 66.00 Lot 294 338.20 66.00 Lot 295 338.20 66.00 Lot 296 375.82 156.80 Meadow Brook Avenue Lot 215 $328.70 Sewer Mrs Audrey Block, 37 Wyman Road, and residents of Wyman Road met Wyman Rd. with the Board to discuss their request for sewer service. I 5i5 I Chairman Kenney Wyman Road residents wrote a letter to the Board on June 26, 1972 requesting a "hook-up to town sewerage. We are the only street in the area without such town betterments and we have serious drainage problems. The area petitioned for sewerage as early as 1964; we have been through the formality of request, appearance before the town meeting, and subsequent rejection of our petition... We strongly request that you investigate post haste and advise the immediate steps to be taken to expedite a sewerage system on Wyman Road." Chairman Kenney: We referred the matter to the Board of Health and the Director of Public Works/Engineering. Mr. Heustis, Director of Public Health replied that the septic tanks and leaching fields have been in service for 12-18 years There have been very few re- quests for replacement, of existing systems or reports of problems in this area. The few that we have indicate that these could be a sea- sonal problem with high ground water that has not been reported. It is recommended that houses on this street be connected to the Town sewer service as sewage disposal problems can be anticipated when the systems have been in service 12-15 years. Mr McSweeney, Director of Public Works/Engineering, reports that the trunk line is available for Wyman Road to tie into. We wpbld have to extend a line from an existing sewer manhole on the trunk line through a portion of the Baskin playground to Wyman Road and then put the main line in the street. If the Board feels that it would accept the letter of Mrs. Audrey Block as a formal petition, as it is signed by a number of residents of Wyman Road, then we will put this request in our 1973 sewer budget. The estimated cost of a trunk line is $35,000; lateral , $85,000; total estimated cost of $120,000. Chairman Kenney to residents of Wyman Road You did petition in 1964 but after that, up until this year, there was no petition made; it has to be done annually. Mrs. Block After the last petition, Mr Garland, 33 Wyman Road, received a letter that when trunk lines were fixed, they would notify us. This time, over 60% filled out the formal petition. Mr Carl E. Larsen, 29 Wyman Road I remember at the time of the first petition there was some discussion by the people on the lower side of the streetthat the pipes would not be deep enough in the ground for them to benefit; this isP redominantly why they are not signing the petition Mr. Bailey asked Mr McSweeney to comment Mr. McSweeney I would have to go out and look at it. Mrs. Larsen One has a kitchen on a very low level and I doubt you would get their signature on anything. Mr McSweeney I can assure you if that sewer is put in the street they will have to pay for it, as long as they can be fed by gravity If we have a series of houses on the lower side, we build two sewers, one in the easement behind the property and one in the street. Mrs. Block Now we are basing our feelings on the letter that was received that the Town would let us know. We didn't know we had to come back every year; we have been waiting 8 years and lots of rain this year accelerated our problem 516 Chairman Kenney: We think your desire and interest is evident by the number of people ( listed below) who showed up and we will give it every consideration for the 1973 budget Mrs. Audrey Block 37 Wyman Road Nachman S Cohen 31 Wyman Rd. Kenneth J. Garland 33 Wyman Road Robert H Sullivan 25 Wyman Rd. William P. Smith 21 Wyman Road Mr. L Mrs. Robert F. Stierli II Wyman Rd. Carl L Jane Larsen 29 Wyman Road Mr. L Mrs Walter A. Dodge 23 Wyman Rd. Richard E Bayles 19 Wyman Road Mr. L Mrs John Moroney 34 Wyman Rd The Wyman Road residents retired from the meeting. Chairman Kenney read a report from the Director of Public Works/ Engineering regarding a request from George W. Forten, 388 Concord Avenue, for a I-inch water line installation along the north side of Lawn Avenue from Webster Road to lots 240 and 241 Lawn Avenue. The Forten Water report states that we have evaluated Mr Forten's request for a one Line on Lawn inch house service on Lawn Avenue and recommend at this time that 6" Avenue main be installed rather than a long service. One hydrant would also be installed at the end of the street for fire protection. We esti- mate the cost of this work at $4,000. Betterments totalling approxi- mately $700 would be assessed for this improvement. The authority for this work would be covered under Article 18 of 1970 for water- main construction. Should you find this proposal acceptable, work could be completed by Town forces this fall . Upon motion $July made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering and to inform Mr. Forten as follows (a) a 6-inch water main is to be installed. (b) A hydrant is to be installed at the end of Lawn Avenue for fire protection. Chairman Kenney read a report from the Director of Public Works/ Engineering stating that as a follow-up of a previous request to extend the sewer in Adams Street, we would propose extending the water main in Adams Street. Presently, there is a 6' water main in Myrna Road that stops at Adams Street; we would like to see thee Water Main whole system looped, that means bringing the water main from North Extension Street and Adams Street to the dead end at Myrna Road and Adams Adams Street Street. This extension of about 300 feet would cost approximately $3,000. The authority for this work would be contained under Article 18 of 1970 Water Main Construction. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works to extend the water main in Adams Street approximately 300 feet at an estimated cost of $3,000. Chairman Kenney read a request from Warren E. Haycock, 87 Grant Street, for an adjustment in his sidewalk betterment assessment of $82.50 as the adjacent houses have identical lots and had the same dimension driveways; their bills for sidewalks were lower. Haycock This request was referred to the Director of Public Works/Engi- Grant St. neering and he recommends that the Board sign a sidewalk betterment Sidewalk assessment abatement to Mr Haycock in the amount of $15. Abatement Upon motion duly made and seconded, it was voted to sign the abatement of the sidewalk betterment assessment of Warren E. Haycock, 87 Grant Street, in the amount of $15 Chairman Kenney read a letter from Mrs Seasholes, 6 Barberry Road, stating that she disagrees with the previous denial by the Board for parking spaces for the Children' s Center on Massachusetts Avenue, and would like a three or four space loading zone in front of the First Baptist Church. If this is not possible, to make the park- ing spaces on the south side of Massachusetts Avenue limited to one hour. A report from Mr. McSweeney, Chairman of the Traffic Committee, was read stating that the Committee voted that no action be taken on Parking Mrs. Seasholes' letter. At this time, we see no reason to change our Childrens recommendation of May 2, 1972 regarding Rev. Peterson' s similar request Center for the same location. Mass. Ave After discussion, the Board agreed to accept the recommendation of the Director of Public Works/Engineering and to inform Mrs. Seasholes that the Board' s concern about not establishing a precedent applies not only to other pre-school establishments but also to many other enterprises of a non-profit or commercial nature. Similar requests have been denied pending an improvement in the parking situation within the Center. Chairman Kenney read an invitation from the Subregion Intertown Liaison Committee to join the organization. SILC The Board agreed to invite the Planning Board to next week' s meeting to discuss the possibility of joining SILC Chairman Kenney read a letter from Mr. Michelson, President of the Chamber of Commerce, requesting that the Board consider giving some financial assistance for the Christmas lighting display in the Center. Mr. O'Connell They came last year for money and some assistance and the Public Works Department helped out by doing some work that Christmas cost the Town money in the budget. Lights Chairman Kenney We relocated a power source Chamber of Mr. O'Connell There is a question here for Town Counsel astoCommerce whether the expenditure falls within the area in which the Town is authorized to spend funds. The question is "Can the Town provide money to the Chamber of Commerce, which is a private organization?" The Board agreed that Chairman Kenney is to talk with Mr. Michelman. 51 , Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meetings of August 21 , 1972 (Executive and September II , 1972 (Open and Executive). The Board discussed a memo from Mr. O'Connell regarding Trust Funds, recommending that the Board consider the following actions. I . Assign a town agency or group, the specific (informal) re- sponsibility for recommending to the Board needs for which funds could be used. in effect it would be a budget type responsibility. 2. Assign an annual disbursement goal in each category so that progress can be measured, 3. Preliminary to discussion with the trustees, ask the Town Counsel to examine the feasibility of and procedure for petitioning the court to allow broadening of the allowable purpose for which income funds could be used, particularly in the welfare and cemetery Trust and parks groups. It is quite unlikely that the income funds can be Funds used for any real need within the narrow scope of the will in a number of cases. For example, the Munroe Cemetery maintenance fund with an income balance of $22,506 could not be effectively used at Munroe. If court approval could be obtained to use funds not needed for Munroe, for any public cemetery, and in turn if cemetery trust funds are not all needed, to be used for public parks, we could do the best job of using available funds where needed and reduce the maintenance cost paid by the taxpayer. 4. Present policy prohibits any external charging of DPW labor. I suggest this be revised to allow DPW to charge maintenance labor expense against appropriate trusts. After discussion, the Board agreed to request Town Counsel Cohen to examine the feasibility of broadening the allowable purposes for which some of the trust funds can be used. Upon motion duly made and seconded, it was voted that the policy be changed regarding the charging of DPW labor as a cost expense to be paid out of whichever trust fund is applicable. The Board agreed that Mr O'Connell is to submit recommendations regarding the assignment of a specific Town agency as being respon- sible for recommendations for the use of trust fund monies. Chairman Kenney read a memo from Mr O'Connell regarding a letter to Secretary Altshuler from Arlington, Cambridge and Somerville as the first step in their effort to get some independent study effort on the plans for extension of rapid transit into the Northwest. Obviously, MBTA they are dissatisfied with the work of the Boston Transportation Extension Planning Review. Because the plans now include the possible extension of the Red Line to Route 128, Lexington's interest becomes more impor- tant and a separate letter could be sent to Secretary Altshuler endorsing ,51 9 their request. What they actually have in mind is a study conducted to answer the questions most important to the communities involved, under their direction but paid for by the State. Part of the work would be an evaluation of the BTPR findings and a study of impact of rapid transit on the towns it would pass through. The Board agreed to send a letter to Secretary Altshuler inform- ing him that Lexington is very interested in joining the other three communities in forming this study for the final product to be ap- proved and financed. Also, to be included in any discussions or meetings which he may set up with the other communities. Chairman Kenney informed the Board that Mr. Legro, Special Town Counsel , requests that the Board sign the consent of subcontracting Subcontract by J.M. Lucente Co. to P. Gioioso & Sons, Inc. 70-7-E Upon motion duly made and seconded, it was voted to sign the Lucente to form assenting to the subcontracting by J.M Lucente Co. to P. Gioioso Gioioso 1 Sons, Inc. of a portion of Contract 70-7-E for sewer installation in Oakmount Circle, with the express proviso that the obligations of J.M. Lucente Co. and its surety shall remain in full force and effect. The Town will continue to make its payments directly to J M. Lucente Co. who will be directly responsible to the Town for the timely and proper performance of the work. Chairman Kenney read a request from Special Town Counsel Legro to sign the order of taking of a sight easement on the property owned by Leonard Dr. Leonard Sight Upon motion duly made and seconded, it was voted to sign the order Easement of taking of a sight easement on the property owned by Dr Lester I . Leonard, Marrett Road, as authorized under Article 49 of the 1971 Annual Town Meeting. Chairman Kenney read a request from Mr. Joseph Augustine, 26 Melrose for a sewer connection. Augustine Upon motion duly made and seconded, it was voted to refer Mr. Sewer Augustine's request to the Director of Public Works/Engineering for a recommendation. Upon motion duly made and seconded, it was voted to go into Exe- cutive 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 reputation of a Session person. After discussion of matters of financial interest to the Towh, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10.36 p.m. A true record, Attest ( 727 )14--6� 14" „ I- Executive Clerk, Selectmen 520. SELECTMEN'S MEETING October 16., 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday evening, October 16, 1972, at 7 30 p.m. Chairman Kenney, Selectmen Riff in, Bailey, Brown, Mr. Cohen, Town Counsel; Mr. O'Connell , Town Manager; Mr McSweeney, Director of Public Works; Mrs Mascetta, Acting Executive Clerk, were present. At 7 30 p.m. hearing was declared open upon the petition of the New England Telephone Company and Boston Edison Company for the in- stallation of Hip Guy and Anchor on Carriage Drive at Pole 417/1 . Mr Dunn, representing the Telephone Company, and Mr. Pratt, represent- ing Boston Edison, were present. Hip Guy/ Chairman Kenney stated that notices of the hearing were sent to Anchor petitioner, property owners, and abutters as listed on the petitioner's Carriage plan and also filed with the Director of Public Works. Drive Recommendation was submitted by Mr. Coscia, Department of Public Works Manager, that permission to install said Hip Guy and Anchor be granted as the pole was previously anchored to a tree which has been removed and plan submitted with the petition is satisfactory. There being no one appearing in favor or in opposition, the Chairman declared the hearing closed. Motion by Selectman Bailey, seconded by Selectman Brown, and unanimously voted to grant permission to the New England Telephone Company and Boston Edison Company for the installation Carriage Drive, southwesterly, approximately 35' from Grove Street, off Pole 417/ 1, one ( 1) Hip Guy and Anchor. At 7 32 p.m. hearing was declared open upon the petition of the New England Telephone Company for the installation of underground conduit on Hayden Avenue. Mr. Dunn, representing the Telephone Com- pany, was present. Chairman Kenney stated that notices of the hearing were sent to the petitioner, owner of the property, and abutters as listed on the Underground petitioner's plan and also filed with the Director of Public Works. Conduit Recommendation was submitted by Mr. Coscia, Department of Public Hayden Ave. Works Manager, describing the intentions of the New England Telephone Company and indicated that the location is satisfactory and that per- mission be granted for this installation subject to the condition that the New England Telephone Company must reserve ducts for the alarm system to the Hayden Avenue sewerage pumping station and for future fire alarm signals. Lloyd Grace of the Kennecott Copper Corp, an abutter, was present to view the plan. Mr. Dunn offered to explain the installation and made a copy of the plan available to Mr. Grace. )21 There being no one else present with any questions and no one appear- ing in favor or in opposition, the Chairman declared the hearing closed. Motion by Selectman Brown, seconded by Selectman Bailey, and unanimously voted to grant permission to the New England Telephone Com- pany to lay and maintain underground conduit and manholes as follows Hayden Avenue, from Spring Street, southeasterly, then easterly, approx- imately 2,280' of underground conduit, also three (3) manholes 54/ 145, 54/146, and 54/147 subject to the condition that the New England Tele- phone Company must reserve ducts for the alarm system to the Hayden Avenue sewerage pumping station and for future fire alarm signals. Mr. O'Connell introduced the members of the newly organized Em- ployee Advisory Safety Board Present and introduced were Mr. William Casey of the School Department, Captain James J. Lima, Jr. of the Police Department; Deputy Roy E Cook of the Fire Department; Mr. David Hughes, Administration, and Mr. Norman Stolz, Brewer t Lord Insurance Agent. This Board will serve in an advisory capacity to reduce hazards Employee and injuries on the job. Through this Board it is hoped to improve Advisory conditions by developing an awareness by paying more attention to Safety safety, such as safety procedures, safety devices, use of safety cloth- Board ing. Safety ought not to be put on a money basis, but the amount of New our yearly insurance must be considered for it is a great amount Our accident record is fair but improvements can be made. Safety govern- ing agencies look toward the future and it is appropriate that the Town address itself to what is now in existence. Mr. O'Connell advised the Board that bids had been received for the contract for the construction of sanitary sewers under Article 20 Award of of the 1970 Annual Town Meeting in Westwood Road, Mill Brook Road, Contract Suzanne Road, Emerson Road, Brent Road, and Concord Avenue. There Sanitary were 15 bids received, the three low bids were received from Grandview Sewer Contracting, Inc., Roslindale, Massachusetts, in the amount of $137, 138, Andreassi Brothers, Inc. , West Roxbury, Massachusetts, in the amount of $145,507, and A.R. Belli , Inc , Newtonville, Massachusetts in the amount of $165,470. Mr McSweeney has recommended that the bid be awarded to Grandview, low bid. Motion by Selectman Bailey, seconded by Selectman Brown, and unanimously voted that the contract to construct sanitary sewer under Article 20 of the 1970 Annual Town Meeting in Westwood Road, Mill Brook Road, Suzanne Road, Emerson Road, Brent Road, and Concord Avenue be awarded to Grandview Contracting, Inc. in the amount of $137, 138. Mr. O'Connell 1 would like to inform the Board that the Public Public Works Department has made great progress into the backlog of sewer Works work. Mr. Coscia and I are impressed by the work that has been done Performanc There was work done in difficult areas but the finished jobs look very Commended good. 1 just wanted to make the Board aware of this; I feel that com- mendation is due. 522 v Request for Mr. O'Connell advised the Board that he has received a request Permit Lions from the Lions Club to hold their annual carnival on July 1 through Club Carnival July 4, 1973. The reason for the early request is to ask for first 1973 consideration. It is Mr. O'Connell's opinion to hold on any reply and review the entire past record of such events. Mr. O'Connell presented to the Board for review a Request for Request for Transfer from the Reserve Fund by the Health Department, Personal Transfer of Service Account, for the amount of $925. Mr. O'Connell explained Funds Health that due to illness Mr Belcastro was unable to work for 42 days and Dept. Personal was entitled to pay. An additional man was needed to cover the Service Acct. daily duties and the funds requested are to cover this expense. Motion by Selectman Bailey, seconded by Selectman Brown, and unanimously voted to authorize the Chairman to sign the Request for Transfer from the Reserve Fund for the Health Department, Personal Service Account, in the amount of $925. Mr. O'Connell submitted and explained the following Requests Requests for for Transfer of Funds transfer of Funds Account #5450, Public Works Road Repair Account for the amount of $6,000; current balance is $7,900. This problem goes back to the budget decision, previously made Public Works by the Board early in 1972 near the end of the snow season. $4,000 Acct. #5450 had to be spent at that time to replace equipment but there was no attempt made to change the budget. Since that time there have been two big major repairs needed on heavy equipment. Current mainten- ance costs approximately $900 each week. This predicted amount of $6,000 to carry us through the rest of the year is more than the normal amount expended in this area. Account #5700, Sewer Maintenance, for the amount of $15,000; current balance is $1 .98. Public Works Mr O'Connell explained that most of this additional cost will -Account #5700 be offset by the recovery expected under the new pumping station contract. When the new pump station will be in operation we will deduct 7 months expenses due to a run-over period in the contract. To maintain the present station the Town has been put through addi- tional costs in renting additional pumps, chemicals for odors, etc. Right now $15,000 is needed; about $13,000 of this we would expect to recover. Account #5850, Sanitary Landfill , for the amount of $20,000; current balance is $6,700. Mr O'Connell reported that the balance represents the amount Public Works held for the recycling proposal , alteration and construction pro- Account #5850 grams. 523 6 ( I) $10,000 to cover additional costs incurred by Citation from the State Department of Health (2) $10,000 as funds to provide study to determine what the Town should do and how it should go about reaching solution to solid waste violations, wet land areas, drainage of surface water In these areas Mr McSweeney has advised that we must have engi- neering studies to comply with the State requirements. He has a proposal from an engineering firm, but the first step is this $10,000 transfer request. Mr McSweeney I feel that this should be done this year because of the urgency of time. I am reluctant to let this matter wait. I received a Citation from the State Department of Health last February and have not had a chance to meet with those involved. I 've had to take each step as it comes. Selectman Bailey The Sanitary Landfill budget was increased be- cause of needs expected at that time. If this issue would have been brought up early in May, I may have been able to grasp this a little better. Mr. O'Connell If we would have come before you in May, we would not have known what amount of money would be needed. Chairman Kenney Would you expect this firm to have the study completed in time for a recommendation to be made at Town Meeting in March? Selectman Brown Is it so that even if we are in violation of the State Regulations for the Disposal of Solid Wastes by Sanitary Landfill , we are in less violation than our neighboring Towns? Mr. O'Connell This is so, but we are now seeing the result of the pressure by the State on the Town. Selectman Bailey As 1 recollect, the Sanitary Landfill was not on our list of priorities. Chairman Kenney I feel that there should be a re-order of priorities; which of these items are postponable and in what order. The Board agreed to hold on these requests until there is further discussion with the State relative to our financial position at this -time. Chairman Kenney greeted those present relative to the School Street sidewalk and explained lightly the background of the initiating of the sidewalk installation to its present status. School St. Chairman Kenney read a memorandum submitted by Mr. McSweeney, Sidewalk Director of Public Works/Engineering, which referred to an informa- tional meeting held on September 5, 1972 and tree hearings held on September 25, 1972. It was noted that none of the original petitioners for this sidewalk were present at either the informational meeting or the tree hearing, and, of those present, none spoke in favor of the proposed sidewalk. 524 The memo further indicated that based on the opposition of the residents and physical obstructions to the construction, ' he Public Works Department recommends that this project be deleted from Con- tract #72-3-E. Mrs. John W. Steiner, 22 Estabrook Road I am speaking not only for myself but for concerned residents of the conditon of School Street. School age children must cross School Street on their own with no assistance. We want something to be done before a traffic fatality occurs, not afterward. Some few years ago this was consid- ered a residential area but the character of the street has changed; the parents are concerned, School Street is now a thoroughfare. Our survey taken June 24, 1972 showed 162 cars that passed along School Street and 65 to 72 children that had to cross to get to school . The Town's survey showed approximately 300 automobiles and 62 children. There was significant information provided to show the need for a sidewalk on School Street and this was voted at Town Meeting. Then we read about the reversal of this approval to construct a sidewalk. What this boils down to is do you consider the lives of our children first of the lives of trees, etc. Chairman Kenney Do you feel that the children should cross at one location such as they do on Grant Street, or perhaps have the assistance of a Police crossing guide? Mrs. Robert Freeman, 24 Estabrook Road On the side of School Street where there is no sidewalk, I find it very difficult to walk because the banks along the street end abruptly at the side of the street. There is no place to walk other than on the street. There is just no flat surface off the street in sections. At noontime this street is very busy with traffic. Mr Erik Lund, 23 Nickerson Road; My children travel this way to school . 1 travel this way to work and it is a bad situation. There is no sidewalk and no crossing guide. Mrs. Steiner One child was hit by a vehicle; it was not fatal . This child was educated to safety procedure. This situation is very dangerous especially for new children in the area. Mrs. Bruce C. McGee, 69 SchoolSt: lhavefour children who use this route for school . The problem is crossing the street. I have asked the Police to patrol this area. The children do not use the sidewalk that is there now. Another sidewalk will not be the answer; it will not stop speeding. Mr. Peter J Coccoluto, Jr., 15 Nickerson Road; 1 have been be- fore the School Committee on this matter. The problem is crossing School Street. It is the School Committee's feeling that a gathering place is necessary with a crossing guide at a specific location. Another sidewalk is not a necessary first step. The sidewalk on one side of the street is fine and rarely used. Mrs. Michael Cardillo, 38 School Street The problem in this area is that the Town does not patrol the street as they should. I see no need for another sidewalk but I do see a need for better patrols on School Street. 525 Mr Joseph J. Downey, 1 Stimson Avenue I have observed that children ccoss private lawns and Church property then disperse in various locations across the street. Again the problem is crossing the street; a sidewalk is not the answer Perhaps a ( lasing tight properly installed would be effective. Mrs. James J. Scanlon, 66 School Street Eastern Avenue, Ewell Avenue, Grandview Avenue, School Street, Stimson Avenue are all in- volved. The installation of lights and sidewalk may help Most children will not go to a common collection point, they will cross at any point along the way. Children must be indoctrinated as to how to cross a street. Mrs. George R. Heine, 29 Eastern Avenue It has been said by some of you present that children will not pay attention to a crossing guide but I feel that they do. Mrs. John C. Dunnicliffe, 26 Deering Avenue In the winter there are sometimes mounds of snow 8 to 10 times the height of a child. Perhaps a sidewalk is not the solution but we should strive for some solution that is effective. Mr Robert Freedman, 24 Estabrook Road We have been here listen- ing to discussion on how the installation of this sidewalk would work and how it would not work. I don't think it is for us to sit here and try to decide what children would do or would not do. I am shocked at the traffic condition in this area. The children do not have a chance with this dangerous condition, especially in the winter. Some posi- tive decision should be made then go ahead with it for the good and safety of the children. Mr. Coccoluto. We have argued about the need for this sidewalk, listening to views as to why the sidewalk is or is not a necessity. This is neither arbitrary or capricious because you have failed to measure conditions. There seems to be no system for weighing condi- tions. The width of the road should be considered, also winter conditions and the amount of traffic Chairman Kenney I value your thoughts but this situation is just not that clear cut as you can see here tonight. It was noted that should this sidewalk be built it will abut the street leaving no place whatsoever to put the snow during the winter. There were those who expressed concern that well established trees may be destroyed for the installation of this sidewalk. Selectman Bailey: It is evident that we have a substantial prob- lem and it appears that the installation of a sidewalk is not the solution. Selectman Brown I am puzzled because I do not understand what this is all about as I am a new member of the Board. I was at Town Meeting when this sidewalk was voted. 1 was not at the sidewalk hearing because I was at the Selectmen's Meeting. 1 really do not know what brought on this shift that is before the Board this evening. Mr. O'Connell 1 will supply all information to Mr. Brown. This is an unusual situation that we are handling. This has grown from an unusual situation, it does not follow the regular standard procedure. 526 Selectman Riff in suggested that perhaps there should be guides located at specific locations where most needed. Chairman Kenney: Perhaps the Board should again review this request and take the matter under advisement. Mr McSweeney The Police Chief feels that he could not cope with additional crossing guides, he would prefer the sidewalk. From the engineering point of view, the installation of this sidewalk may necessitate a land taking of some few feet, we are not positime•at this time therefore I will hold on comments. Selectman Bailey questioned the possibility of the installation of a pedestrian light at School Street at Massachusetts Avenue, how effective it might be and what procedures would be necessary for its installation. This light could be operated only during the school season. The Board agreed to take the matter under advisement for further review at this time. A letter received from Mrs. Edward E. Furash, 15 John Poulter Road, informing the Board that Saturday, October 21, is "A Day for the President". A rally will be held at Anthony' s Pier 4 in Boston and a cavalcade of cars will leave there to travel through the State. This cavalcade will arrive in Lexington at approximately II 45 a.m. on October 21 . It is their request to stop at the Lexington Green and have the political candidates represented make two minute speeches. The participants would then continue on to Concord, Acton, Request for etc. Permit to The Board discussed the issue of political activities on the Use Green and consideration was given to other locations in the area Lexington that might be appropriate that would be satisfactory to the Massachu- Green setts Federation of Republican Women for holding this event. Chairman Kenney Without taking direct action on this request, the Board would like to discourage the use of the Green for political activities and offer appropriate alternatives. It was agreed that Chairman Kenney will contact Mrs. Furash by telephone to explain the position and policy in question and make alternative suggestions that may be acceptable to this group for their speech making. It was moved by Selectman Bailey, seconded by Selectman Rift in and unanimously voted at 9.00 p.m. to go into Executive Session for Executive the purpose of discussing, deliberating or voting on matters which, Session if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of matters of interest to the Town, it was voted to go out of Executive Session and resume the regular session of the meeting at 9 30 p.m. 527 Chairman Kenney read a request from Mr. Harold MacDonald, President of the Lexington Golf Club for permission to lease or purchase property shown on Assessors' Map 058, Lot 019, (Town-owned) for expansion of their facilities and programs. Their immediate use would be for a teaching and practice area. Every effort would be made to maintain the natural character of the referred site. Mr. O'Connell I have spoken with Mr. Spiros of the Golf Club and he indicated that they are looking into their budget and wondered if the Town would allow them to purchase, lease or otherwise acquire the right to use this land for expansion. This matter has come up before with the Town. This Board of Directors of the Club wanted again to look into this. It was my suggestion that they simply make their request again with the Board. This area was specifically being Lexington considered for veterans' housing, but assuming that this is not the Golf Club case if the Town has some flexibility to act on this If it is the Request to case that the Town is still reluctant to lease the land, then this Lease request can be denied. I would suggest that this situation be ex- Property plored. Chairman Kenney Should we consider the views of other Town Boards in this matter. Selectman Riff in Would the Golf Club still be interested after some time, such as 3 years or 5 years from now. Mr. O'Connell Yes, they would be. There are 18 acres of land involved in this area and Mr. Spiros expressed strong interest in use of some of this area for purposes of practice range perhaps for some fee to the Town. Mr. Brown Would this not require a Board of Appeals hearing? The Board agreed to request of the Planning Board their advisory opinion on this matter. Mr. MacDonald, President of the Golf Club to be so advised. Mrs. Lois Brown, Chairman of the Planning Board met with the Board to advise that the Subregion Intertown Liaison Committee voted to ex- SILC tend an invitation to the Town of Lexington to become a member, whereas Lexington it has beenonly an observer for the past few years. Mrs. Brown further Member- advised that the Planning Board sees the need for regional planning in ship the areas of mass transportation, refuse disposal , Bicentennial and road systems such as the proposed Hartwell Avenue connector. It is the recommendation of the Planning Board that Lexington become a full mem- ber of SILC at this time. Two years ago Lexington was welcomed as an observer by SILC. The Board of Selectmen at that time felt that we should not become a member. The SILC By-Laws were outlined as to organization. Mrs. Brown noted that essentially in the area of regional planning they cover many areas over which we have no jurisdiction. It is the feeling of the Planning Board that as we are in a SILC region we should become active members in order to participate fully in regional and State activities. Lexing- ton can become a member of SILC by the majority vote of the Board of Selectmen, in turn, SILC will accept Lexington as a new member by a majority vote. 52S Motion by Selectman Brown, seconded by Selectman Riff in and unanimously voted to appoint two members to the Subregion Intertown Liaison Committee. Chairman Kenney suggested to Mrs. Brown to submit nominees to be considered for appointment Mrs. Brown in turn requested the Board to submit nominees for consideration. Mr. John R. Caswell , Chairman of Subregion Intertown Liaison Committee, to be advised of Lexington's acceptance of their invita- tion to join SILC. An amendment to the Lexington Traffic Rules and Regulations was submitted to the Board and explained by Mr. McSweeney, Chairman of the Traffic Safety Committee. The change on December 26, 1966 was to be on a temporary basis for two months, now, nearly six years Amendment to later, this is still in effect. This amendment as presented will Traffic Rules make the change permanent and legal . & Regulations It was moved by Selectman Bailey, seconded by Selectman Riff in and unanimously voted that the amendment to the Lexington Traffic Rules and Regulations be accepted as follows By deleting from Article VII , Section 1 , Schedule 05 the follow- i ng Location Direction From To Clarke Street Northerly Forest Street Mass. Ave. Muzzey Street Southerly Mass. Ave. Forest Street Raymond Street Westerly Muzzey Street Clarke Street And by adding to same Location Direction From To Clarke Street Northerly Raymond Stteet Mass. Ave. Muzzey Street Southerly Mass. Ave. Raymond Street Chairman Kenney read a request from Berman's Market Inc. for ap- Berman' s proval of transfer of stock. Market Motion by Selectman Bailey, seconded by Selectman Brown and Transfer of unanimously voted to approve the request of the transfer of 50 shares Stock of stock presently owned by Edward I . Berman, President of Berman's Market, Incorporated, 55 Massachusetts Avenue, Lexington to Joel G. Berman, son of Myer Berman and current manager of Berman's Market, Incorporated. The Board agreed to submit necessary forms for approval by the Alcoholic Beverages Control Commission. Request for Chairman Kenney read a request from Mr. A. Purney Acker for ex- Sewer Exten- tension of sewer from its present location at 32 Hayes lane to 27 Hayes sion - Hayes 'Lane, an approximate distance of 150 feet. Lane The Board agreed to refer this request to the Engineering Depart- ment for recommendation. Mr. Acker will be so advised. 52 0 Y Mr. O'Connell informed the Board of a request from the American Field Service for permission to display a set of foreign flags around the Lexington Green from November I through 6, 1972. Mr. O'Connell expressed a reservation in grantingthis permis- sion for a period of a full week It is not only a matter of expense, Request for but the practical problem is that flags cannot be displayed for any Permit to length of time without theft unless there is constant patrol . It is Display disgraceful that we can no longer leave flags on public display Flags at because of the increased vandalism, and this is especially so for Lexington flags. Green Mr. McSweeney It seems that a watchman is necessary. Weekdays are somewhat better than Sundays. After some discussion, it was moved by Selectman Bailey, seconded by Selectman Brown and unanimously voted that the American Field Ser- vice be granted permission to display a set of foreign flags around the Lexington Green for one day providing that someone is available to oversee the area to discourage vandalism. Mr. O'Connell will contact Miss Laurie Yaffee, President of American Field Service, to explain the decision of the Board. Chairman Kenney read the recommendation submitted by the Planning Board relative to the status of the Vine Brook Bridge, as follows That the bridge not be removed for the present but remain chained and Vine Brook posted. The Planning Board feels that a properly located footbridge Bridge may be a desirable feature; its usefulness and location should be evaluated later, when the homes now under construction on Fairfield Drive are occupied and pedestrian patterns become clear. The Board is waiting further word from the Conservation Commis- sion. It was agreed that no action will be taken on the matter of the Vine Brook bridge at this time. Chairman Kenney read the request for abatement of sewer better- ment from Mrs. Beatrice I . Bergstrom, 497 Concord Avenue. The length of the driveway is more than 600 feet and very low. The cost of con- necting to the sewer line would be too costly. Mrs. Bergstrom feels that she should not have to pay the betterment of $1,411.33 for this Sewer service that she cannot use. Betterment A memorandum submitted by Mr. Martin, Assistant Town Engineer, Deferment explained the details involved. 497 Concord Mr. McSweeney suggested that the Board allow a deferment on Avenue this betterment. Motion by Selectman Brown, seconded by Selectman Bailey and unanimously voted that under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of $1 ,411 .33 sewer betterment assessment levied against property owned by Mrs. Beatrice I . Bergstrom and located at 497 Concord Avenue, without interest, until said land or any part thereof is sold or severed, whichever event occurs first, or until the expiration of three years from the date hereof. I 53( Sign Warrant It was moved by Selectman Bailey, seconded by Selectman Riffin and State unanimously voted to sign the Warrant for the State Election to be held Election on November 7, 1972 and to set the hours for opening and closing of the polls from 7 00 a.m. to 8 00 p.m. It was moved by Selectman Bailey, seconded by Selectman Riffin Liqqor and unanimously voted to authorize the Chairman to sign the Liquor I .D. Card Identification Card for Robert William Armstrong, Jr., 89 Hill Street. It was moved by Selectman Riffin, seconded by Selectman Brown and Minutes unanimously voted toe accept the minutes of the meeting of September 18, 1972, regular and executive session. It was moved by Selectman Bailey, seconded by Selectman Brown and , unanimously voted to sign the Memorandum of Agreement with the State Sign State Department of Public Works to construct a Class 1 Bituminous Concrete Agreement Pavement Type I-I ; install drainage and otherwise improve a section Sewer Road- of roadway in Lexington being known as East Street. The work to begin way at at a point about 200 feet east of Lowell Street about Station 6+65 and East Street extend in a westerly direction to about Station 37+50 at Grant Street. Chairman Kenney reported to the Board that there have been numer- ous reports of complaint relative to dumping activity at the Cataldo Farm on Bow Street. The complaints are related to the substances that are dumped It has been expressed that the complainants see no objection to the filling of this area in question with clean fill. 111 Dumping at Our local Board of Health does issue a permit under Regulations Chap- Cataldo ter VI , Section six, to dispose of waste material of any description. Property A violation notice was mailed to Mr. Cataldo on October 3, 1972 Bow Street ordering him to stop using his land for dumping and asked him to file for a permit from the Board of Health. Three site inspections were made since that time to determine compliance with this order. The Board agreed that Mr. Cataldo be advised to file request with the Board of Health for necessary permit and that stipulation be made by the Board of Health fillet only clean fill be dumped. W.H. Lyon Realtors, Inc. submitted their findings on an on-the- Awards of site inspection and appraisal of damages which may result from the Damages taking by the Town of sewer and construction easements as shown on Sewer Ease- a plan entitled "Plan of Sewer Easements from Maple Street to Woburn ments Maple Street" dated July 28, 1972, as requested by Mr. McSweeney, Director to Woburn of Public Works/Engineering. Sts. The Board reviewed same and the recommendations for awards as submitted by William J. Martin, Assistant Town Engineer. It was moved by Selectman Bailey, seconded by Selectman Brown and unanimously voted the award of damages in the Woburn Street to Maple Street Trunk Sewer Easement Order of Takings as follows I IBenjamin Franklin Homes, Inc , Maple Street No damages since this makes sewer available to a large tract of subdividable land. George Hamparian, 253 Woburn Street No damages by reason that the permanent easement falls only in that portion of the lot where the zoning by-law already prohibits any uses that would normally be restricted by an easement. Edward H. and Doral Stacey, 245 Woburn Street No damages since their property is affected in the same manner as Hamparian. Lester H. Fogg, off Woburn Street No damages since this is all back land and of little value other than for open space It was moved by Selectman Bailey, seconded by Selectman Brown and unanimously voted to adjourn the meeting at 10 35 p.m. Z4 4 j, I Acting Executive Clerk, Selectman I 532 SELECTMEN'S MEETING October 24, 1972 A regular meetingof the Board of Selectmen was held in the Select- men's Meeting •Room on Tuesday, October 24, 1972 at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, and Mrs Riff in; Mr. O'Connell , Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. Mr. Zehner, Chairman of theTown Report Committee, met with the Board to present the award for second prize for the 1971 Town Report. 1971 Town He and Mr. O'Connell had attended the Massachusetts Selectmen's State- Report wide Town Meeting on October 21 and had accepted the award on behalf 2nd Prize of the Town. We have had six awards - 3 first prizes, 2 second prizes and I third prize. We have a strong committee now btpt I recommended that we add Gerald L. Gilmore, who would make a worthwhile member. He is Production Manager of D C. Heath Co. in charge of their whole school book program. Chairman Kenney The members of the Board congratulate you on the outstanding job you and your committee did last year. We realize you Appt. to have a most capable committee and if you wish to expand it, we would Town Report go along with you. Committee Upon motion duly made and seconded, it was voted to appoint Gerald L Gilmore, 7 Dexter Road, Lexington, a member of the Town Report Committee. At the request of the Town Clerk, five jurors were drawn as follow, Jurors John M. Young 4 Homestead Street Gerald R Maglitta 10 Webb Street Jared R. Cone 166 Spring Street Stanley M. Poplawski 29 Oxbow Road Milton S. Dietz 6 Partridge Road Mr. O'Connell informed the Board that he had reviewed with the AFS American Field Service the request to display foreign flags around the Battle Green during November 1 through November 6, 1972 and the foreign flags will not be displayed even for one day. Mr. Cohen, Town Counsel , requested the Board to sign sidewalk contract 72-3-E, previously awarded on September IS, 1972 to Somerset Paving Corporation in the amount of $63,086.43; authority for this Sidewalk under Article 19 of the 1970 Annual Town Meeting and Article 64 of 72-3-E the 1972 Town Meeting. Upon motion duly made and seconded, it was voted to sign the sidewalk contract 72-3-E to Somerset Paving Corporation in the amount of $63,086.43. I 533. Chairman Kenney read a report from the Director of Public Works/ Engineering stating that his department had been reviewing the site plans for the Minuteman Regional Vocational School . In reviewing the plans for the sewer, we find that the construction of approxi- mately 1 ,000 feet of sewer force main and gravity feed pipe is necessary off-site to service the school . The School District and their Engineer have indicated they are willing to provide the neces- Minuteman sary engineering and plans to our satisfaction and also provide the Regional Town with a certified check in the amount of the estimated construc- Vocational tion cost, preliminarily set at $15,000. This proposal could be School added to contract 72-7-E which is currently in the preliminary Sewer design stage. At this point, we are recommending that the Board vote a preliminary approval of this concept so that we may continue with necessary arrangements. Chairman Kenney to Mr. McSweeney They are willing to pay for the entire cost? Mr. McSweeney Yes Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering and to authorize him to proceed with the necessary arrangements regarding the sewer for the Minuteman Regional Vocational School , as outlined in the above report. Chairman Kenney read a report from the Director of Public Works regarding a request from Dr. Strominger, 2030 Massachusetts Avenue, for shades to be installed on street lights near his home or to turn off the street lights at II 00 p.m. as there is a stoplight there. The matter had been reviewed with a representative of Boston Edison Strominger Company and the light lumenaire is designed in such a way that the Lights lateral light distribution is directed over the roadway and side- walk areas, and installation of a shade would defeat the design of the light. We would like to remind the Board that due to many re- quests from residents for improved lighting in the Town, the Department of Public Works instituted a lighting program five years ago. The Board agreed to inform Dr Strominger of the above report Chairman Kenney read a report from the Director of Public Works regarding a request from Dr Strominger, 2030 Massachusetts Avenue, for the Town to provide the entire cost of a split rail fence, or share the expense, as he is bothered by people cutting across his Strominger property to go to the Center Playground. Fence The report states that the Town has installed a chain link security fence for neighboring properties as part of the develop- ment of the playground. While we cannot participate in the cost and maintenance of a split cedar fence, we would recommend installing the chain link security fence, the cost of which could ee submitted in the 1973-1974 budget. The Board agreed to inform Dr. Strominger of the above report. I 534 Chairman Kenney read a report from the Director of Public Works in response to a request from Paul E. Legassie, 16 Rawson Avenue, for the Town to fix his driveway. Mr. Legassie claimed that when the Town paved Rawson Avenue in 1961 , a pocket formed and as a result of this, each time it rains the pocket fills with water, making it almost im- possible to get their mail; ice forms in winter. Legassie The report states that the records were checked and when the Rawson Ave street was constructed in 1961, the driveway was substantially altered in order to meet the roadway grade. After viewing the site, we must concur that a pocket exists in the driveway and that it is probably as a result of the construction some eleven years ago. In order to repair this situation, it would require reconstruction of a substan- tial portion of the driveway and some modification of the grassed portion of the front yard to meet the high driveway grade necessary to correct this problem. This work could be performed by Town forces. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to make the necessary arrangements to elimi- nate the problem in Mr. Legassie's driveway at 16 Rawson Avenue. Chairman Kenney read a request from Attorney Kassman, Trustee of Swommonland Trust, for a reduction in the sewer betterment assessments of $1 ,081 .78 on 35 acres of unimproved land southerly of Barberry and Stonewall Roads and Concord Avenue. A report from the Director of Public Works/Engineering was read stating that the Trust was assessed for two frontages on Barberry Road in the amounts of $209.97 and $367.98, and one frontage ,on Concord Avenue in the amount of $503.83 making a total of $1 ,081 .78. Swommonland These three (3) frontages allow for entrance into the thirty-fwve Trust-Sewer (35) acre parcel Mr. Kassman makes reference to in his letter. This Betterment department certainly appreciates Mr. Kassman's views and, feel his Deferment points are well taken, but our recommendation would be not to abate this assessment; but, if the Board so desired to defer payment until such time as the land was sold or built upon. To defer payment would accomplish, we feel , what Mr. Kassman, wants, but still affords protec- tion to the Town should the land be used for 'some other purpose at a later date Upon motion duly made and seconded, it was voted, under the pro- visions of Chapter 159 of the Acts of 1950, to defer payment of the sewer betterment assessments for Lot 2 - land lying southerly of Barberry and Stonewall Roads and Concord Avenue in Lexington, owned by H. Seymour Kassman and Erik L. Mollo-Christensen, co-trustees of the Swommonland Trust, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold: 00,1 Lot 2 (Assessors' Map 10, Lot 7) Sewer Barberry Road $209.97 Barberry Road 367 98 Concord Avenue 503.83 Chairman Kenney read a request from William J. Scouler, 144 Simonds Scouler Road, for an abatement of his sidewalk betterment assessment of $112.50. Sidewalk Upon motion duly made and seconded, it was voted to sign an abate- Betterment ment of $31 .50 on the sidewalk betterment assessment of William J. Assessment Scouler, 144 Simonds Road, as recommended by the Director of Public Works/Engineering. Chairman Kenney read a request from Dr Arnold L. Abrams, Presi- dent of Five Fields, Inc., for abatement of $1510.58 sewer betterment assessment on common land used for neighborhood recreational purposes, maintained at private expense. Ar report from the Director of Public Works/Engineering was read stating that this lot has frontage on both Concord Avenue and Barberry Road. The assessment on Concord Avenue was $300.60; the assessment on Barberry Road was $1,209.98. In checking with the Assessor's Department and Tax Collector, all nonprofit organizations have to pay the betterments levied against the property, but are tax exempt from Real Estate Taxes. Mr. Abrams' point about being a neighborhood play area is well taken, but the lot is still a buildable parcel with more than enough frontage and area to conform to present zoning. Two similar areas that will be assessed betterments according to our assessment schedule are Paint Rock Pool Corporation, located off Partridge Road, and the Adams Pool Corpora- tion, located off Emerson Road. Therefore, it is the feeling of this department that while Mr Abrams does raise some good points there is no reason for granting an abatement in this case. Five Field Chairman Kenney to Mrs Riff in Is there a pool on that land? Inc Mrs. Riff in Yes, there is. Sewer Chairman Kenney -Are there lavatory facilities? Betterment Mrs. Riffin Yes. Chairman Kenney The Board of Health will probably be requesting at some time that they be connected to the sewer Mrs Riffin All residents may join - from Route 2 to the Waltham line and Route 128. Chairman Kenney But it is a private pool? Mrs. Riffin Yes. Chairman Kenney I feel, if it is a private pool , they should pay the betterment. Mrs. Riffin I think the policy has to be consistent with all open land and with all other pool areas which are in similar circum- stances Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering and deny the request of Dr. Abrams for an abatement of the sewer betterment assessment of Five Fields, Inc. , in the amount of $1 ,510 58. Mrs. Riffin abstained from voting. 536, Chairman Kenney read a report from the Director of Public Works/ Engineering regarding a request from Joseph Augustine, 26 Melrose Avenue for a sewer connection to his home. The report states that the lot has a Melrose Avenue address, although the only frontage they have on a public way is approximately 4 feet on Bow Street This is due to the discontinuance of a portion of Melrose Avenue and the re- location of a portion of Bow Street. During the summer of 1949 a sewer was constructed in Bow Street past the Augustine's lot, and betterments were assessed against all abutters for this improvement. The Augustine's betterment was " $185 60. This amount was paid in full on March 9, 1951 . Addition- ally, our records show no application for a connection permit was ever made until recently. At this point, we investigated the re- quest and found that the sewer in, Bow Street was installed a grade such that this house could not be connected. As near as we can tell , this was as a result of a field change in the grade of the pipe to avoid some obstruction. There are three possible ways to rectify this situation with a gravity sewer; however, none are Joseph desirable. One is the reconstruction of a major portion of the Augustine sewer in Bow Street. We estimate it would require the relaying of Sewer approximately 350 feet of main at a cost of $8,000 plus the disrpp- Connect ion tion of service to several families previously connected. The second Request would be to acquire an easement to run between lots 69 and 70A- on Melrose Ave Rindge Avenue and connect to the Rindge Avenue sewer. The third would be a simi lar approach using the way between Rindge Avenue and Bow Street. The problem with the last two approaches is that it is doubtful if the Town has the authority to take a sewer easement for a private service. A fourth possibility is the installation of an injector station to pump to the Bow Street sewer. This, however, would be most undesirable for all parties. We recommend that Mr. Augustine approach his abutters to the east on Rindge Avenue to determine whether they would grant him an easement for his service. If this is unsatisfactory, we would then recommend that the better- ment be abated and refunded with interest. After discussion with Mr. McSweeney, the Board agreed to send a copy of Mr. McSweeney' s report to Mr. Cohen, Town Counsel, and he and Mr. McSweeney are to submit recommendations to the Board. Upon motion duly made and seconded, it was voted to table the request of Joseph Augustine, 26 Melrose Avenue, for a sewer con- nection. Chairman Kenney read a report from the Director of Public Works/ Engineering regarding a request received from A. Purney Acker, 27 Acker Sewer Hayes Lane, for an extension of the sewer main to service his home. Connection The report states that the main does stop at house #32, as stated in Request Mr. Acker's letter, and to service his home the sewer main would Hayes Lane have to- be extended 150 feet. Since the closing date has passed for insertion in our 1973 budget, we would recommend the Board of Select- men include this Sewer Extension in the 1974 sewer budget. Estimated cost of this extension wilI be approximately $4,500. 53 7A Chairman Kenney The closing date for sewer requests has been made for September 15, and 1 would be reluctant to open it. If we have some money left over, we could probably pick it up earlier than 1974, but I am making no promises. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering to include in the 1974 budget the request of A. Purney -Acker, 27 Hayes Lane, for an extension of the sewer main to service his home. The Board agreed to inform Mr. Acker of the above vote but if any funds remain after the scheduled projects are completed, his re- quest will be reviewed in the spring of 1973. Chairman Kenney read a report from the Director of Public Works/ Engineering regarding a request from Claire Gray for sewer and water service to lot 56-A, Green Lane. The report states the sewer is approximately 100 feet from this lot; this is a trunk line sewer that runs between Pleasant Street and Watertown Street. The owners on both Green Lane and Pleasant Street where the trunk line runs through their property are presently serviced by this trunk. The depth of Gray Sewer the trunk line is such that there would be no problem of servicing and Water this lot. Consideration should be given to installing sewer to ser- Requests vice as much of this area as possible, but it would cost approximately Green Lane $4,000 to bring sewer from the trunk line to Green Lane, then, once the main is in Green Lane a service would be left for Mrs. Gray's lot and the connection would then follow our normal procedure. The water line as shown on the sketch stops at the intersection of Crescent Road and Green Lane. Our recommendation would be to install a water line from this intersection to Watertown Street, this would then make a complete loop; costing approximately $6,500. To bring a section of main from the intersection to service Mrs. Gray's lot would cost approximately $2,000, then we would install a water ser- vice to the lot. Mrs. Gray does understand that if these utilities were installed "betterments" would be levied against the property. Since the closing date has passed for insertion in the 1973 budget we would recommend the Board of Selectmen include this water and sewer extension in the 1974 budget. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering to in- clude in the 1974 budget the request of Claire Gray for sewer and water service to lot 56-A, Green Lane. Chairman Kenney read a request from the Bedford Charter Service, Inc. for license to transport patients from the Veterans Administra- tion Hospital of Bedford to job training sites in Concord, Lincoln, Bedford Lexington and Burlington. The route is to discharge and later pick Charter up the patients, and no soliciting of business will be macie,by the Service applicant in Lexington. License Upon motion duly made and seconded, it was voted to issue a license authorizing the operation of motor vehicle for the carriage of passengers for hire over the following route 538 Route 128 from the town line of Burlington to the Marrett Road Exit. Marrett Road from Route 128 to the town line of Lincoln. Chairman Kenney read a request from the Knights of Columbus for K of C an extension of hours of operation under their club liquor license New Year's until 2 00 a.m. on New Year's Eve. Eve Upon motion duly made and seconded, it was voted to approve the request of the Knights of Columbus to extend the hours of operation on New Year' s Eve until 2 00 a.m. Chairman Kenney read a letter from the Sheraton Motor Inn noti- fying the Board that William E. Haas has taken over the duties of John Van Londen as General Manager of the Sheraton Lexington Motor Inn as of April 10, 1972. Liquor Chairman Kenney When there is a new manager, a new license is Sheraton issued and approval requested of the Alcoholic Beverages Control Lexington Commission. Inn - Upon motion duly made and seconded, it was voted to sign a new New Manager Inn-holder liquor license for the Sheraton Lexington Motor Inn signifying William E. Haas as the General Manager. Upon motion duly made and seconded, it was voted to request the approval of the Alcoholic Beverages Control Commission for the new General Manager of the Sheraton Lexington Motor Inn. Entertain- Chairman Kenney informed the Board that an inquiry was received ment Rules from the Sheraton Lexington Motor Inn regarding rules and regula- under Liquor tions for entertainment. License The Board agreed to request Town Counsel Cohen to report on what restrictions could be imposed by the Board. For the information of the Board, Chairman Kenney said that a 7th Copper check has been received from Attorney General Quinn for the seventh Piping payment on Copper Piping cases in the amount of $750.23. The check Check has been deposited with the Town Treasurer. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s meeting held on September 25, 1972. Chairman Kenney read a request from Special Counsel Legro to sign the order of taking of sewer easements from Maple Street to Order of Woburn Street as authorized under Article 21 of the 1972 Annual Town Taking Meeting. Maple and Upon motion duly made and seconded, it was voted to sign the Woburn Sts. order of taking of sewer easements from Maple Street to Woburn Street, as authorized under Article 21 of the 1972 Annual Town Meeting, with an award of no damages as voted on October 16, 1972 to the following Benjamin Franklin Homes, Inc. , Lester H Fogg, Edward H Stacey and Dora L. Stacey, George Hamparian. 539 Chairman Kenney informed the Board that he and Mr. McSweeney will Eldred St. meet with the State Department of Public Works, District No. 4, on Bedford October 25 to discuss the Eldred Street-Bedford Street stoplights. Signals The Board agreed to have an informal meeting in the Selectmen's Meeting Room on November 8 with the former Structure of Government Committee for the Selectmen-Town Manager Act. 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 the Session public security, the financial interests of the Town or the reputa- tion of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 35 p.m. A true record, Attest ` � I Y ,�- Executive Clerk, Se lecttmer3F' 1. 1111 540 SELECTMEN'S MEETING October 30, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday, October 30, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. At 7 30 p.m., hearing was declared open upon petition of the New England Telephone Company to lay and maintain conduits on Hartwell Avenue Notices of the hearing were sent to the petitioner and abutters as listed on the petitioner' s plan and, also, filed with the Director of Public Works. Mr Dunn, representing the New England Telephone Company, was present and said that this petition is to install conduit in Hartwell New England Avenue to provide telephone service to the Varian Vacuum Company at Telephone Co. 121 Hartwell Avenue. Conduit Chairman Kenney read a report from the Director of Public Works Hartwell Ave. stating that the location had been reviewed and recommended that the Telephone Company be granted permission to install the conduit, sub- ject to the condition that working hours be from 9 00 a.m. to 3 30 p.m. Mr. Dunn We will go along with the conditions. Originally, we did a job that went to the Air Base; this petition came in and we can only give them service by a duct. We will only be in the paved way when crossing the street. Mr. Palmieri of Instrumentation Laboratory was present and asked if the crossing would be in front of his building . Mr. Dunn The crossing will be at Varian Vacuum Company. Mr. Palmieri That is satisfactory to me. No one appearing in opposition to the petition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following location, subject to permit conditions and that working hours are to be 9 00 a.m. to 3 30 p.m. Hartwell Avenue Easterly side, southwesterly then westerly, from manhole 54/302 opposite Chandler Company, approximately 421 feet of underground conduit. Mr. O'Connell asked the Board to approve the request to the Appro- Transfer priation Committee for a transfer from the Reserve Fund to Account Acct. 5700 5700-Sewer Maintenance in the amount of $4,740 to pay for additional expenses incurred for the operation of the North Lexington Pump's* Station, and to repair the major breakdowns at Constitution and Wprthen Road pumping station. X41 Chairman Kenney It is understood we will try to recover as much as we can from the contractor. Mr. O'Connell Yes, that is noted in the contract Upon motion duly made and seconded, it was voted to approve the request to the Appropriation Committee for a transfer from the Reserve Fund to Account 5700 in the amount of $4,740. Mr. O'Connell reported to the Board that he had talked with the Manager of Hanscom Field regarding the Port Authority keeping us in- formed of matters of common interest, such as plans for the Airport. The Manager said that a report of the Boston Transportation Planning Hanscom Review will issue a report soon and it will include the recommenda- Field tion that Hanscom Field be used as a terminal for certain commuter flight service. Hearings will be held but the Manager called to advise, that the Port Authority's feeling that they would not be in favor of this has not changed. The most appropriate action to be taken would be to let this be known publicly so that incorrect rumors will not occur. The Board agreed. Mr. O'Connell reported that Gold Ribbon Farms has agreed to erect a gate to prevent unauthorized trucks from coming onto the property Gold Ribbon in the early morning hours. Farms Chairman Kenney This is a good start towards remedying the situation. The Board agreed. Chairman Kenney read a letter from Martin I . Small , 22 Hancock Street, requesting sod and replacement of trees as a result of con- struction easement on his land. A report from the Director of Public Works stated that the condition of the grassed area does not warrant sod. The, Town, by previous easement, had rights to the majority of Martin Small the occupied land without incurring additional damages With regard Trees and to replacement of some trees and shrubs, we must concur that some Grass planting should be done and would make these improvements as soon as practicable. The Board agreed to inform Mr Small that the grassed area will be seeded by the Public Works Department and, in the event the seed does not take this fall , it will be reseeded in the spring. Also, the Public Works Department will replace some trees in the near frture. Chairman Kenney read a letter from Mrs. Kendrick Bushnell , 30 Bloanfield Street, recommending that benches be located in the Town. Mr. Brown recommended a concrete slab type of bench similar to Benches those in the M.I .T. area as they can't be moved or broken Around Chairman Kenney A designis being prepared for the Harrington Town property for the next Town Meeting and we could incorporate a couple of benches for that property and ask the Public Works Department to suggest two or three other areas around town. We could include money in the budget for these and, if the benches prove successful , we could plan to add more at a later date. 542 Chairman Kenney informed the Board that application has been received for a Common Victualler' s License from Bamboo Garden, Inc. , Bamboo formerly the Bamboo Hut, Inc. Gardens Chairman Kenney The Bamboo Hut is in violation of the Health Department Rules and Regulations and we are waiting for a report from them. We will hold this application until the report is re- ceived. The Board agreed. Chairman Kenney read a letter from John P. Dunfey, President of Sheraton Motor Inn, requesting an extension of hours of opera- tion under their liquor innholder license from 11 00 p.m. to Sheraton 100 a.m in order to overcome the competitive advantage that now Lexington favors other Route 128 motor inns who are permitted to serve until Inn - Exten- 100 a.m. sion of hours Chairman Kenney We should take this under advisement until we receive an opinion from Town Counsel . Mr. Buse We should also consider at that time that the Elks and Knights of Columbus have hours until 12;00 Midnight, and we should not jeopardize Sheraton Motor Inn' s business. It should be postponed until after the election and when we hear from Town Counsel . The Board agreed to take the matter under advisement. At 8 00 p.m , Mrs. McMenimen, Mrs. Steiner and Mr. Erik Lund met with the Board to discuss the School Street sidewalk. Chairman Kenney At our last meeting, the Board took the matter under advisement pending a report from the Town Engineer on construction problems of extending the sidewalk from Stimson Ave- nue to Massachusetts Avenue; we were going to talk with Chief School St. Corr on the general problem of Crossing Guards; we were to talk Sidewalk with the State to see if the area would meet the Warrant for a School Zone with blinking lights. The Engineering Department did look at it and the problem of extending the sidewalk is minimal . The wall would have to be re- placed and the sidewalk could be built. We talked with Chief Corr on Crossing Guards and it is his feeling that to allocate addi- tional Guards on School Street would be opening up new pleas,sin the Town; he could think of ten or twelve other areas in terms of more major traffic type streets. It is his feeling if the sidewalk is built, a single guard could be moved up from Massachusetts Ave'b nue at Crosby Street Mr. McSweeney 1 met with the State DPW at District No. 4 and Traffic School Zone signals are for 20 miles an hour, they are furnished under Chapter 616 funds, and there are no warrants neces- sary; they are also limited to 600 feet. Chairman Kenney They are subject to their approval? Mr. McSweeney Yes; we have tentative approval for two loca- tions on School Street between Stimson Avenue and Eastern Avenue I 54:3 They are blinking lights on a time clock for a period that wouldn't exceed one hour; they could go on ih the morning and go off in one hour; then go on again in the afternoon. The approximate cost, under Chapter 616 funds is $3,500 for an installation. Mr. Bailey Are they effective? Chairman Kenney I discussed that with Chief Corr and his pri- mary opinion is that the most effective thing is the parent educating the children; also, to be careful not to put up too many signs to give children a sense of false security. I wouldn't want to install too many because like the Slow Children signs, they become useless. Mr. Busa I believe we go along with eliminating the sidewalk construction. I still believe it is a problem to educate the child- ren as they cross the street and it is the responsibility of parents to see that they cross the street safely. In a zone at 20 miles an hour, we hope with an educational program they can get to school safely. Mr. Broom There are none of this type in Lexington and if these two go up, they would be the only ones in town. Chairman Kenney If we make it unusual , it will attract the motorists' attention. Mr. Busa I think we should investigate and apply for at least one at the most critical area and, if necessary, to put in on Massachusetts Avenue. Mrs McMenimen Would it flash in one direction or on both Sides? Mr. McSweeney It flashes in the direction that the automo- bile is traveling. Mr. Lund There is the problem of kids walking in the street, and I don't think flashing lights are the solution, but may be part of it. I hope you address yourself to the sidewalk itself. Chairman Kenney 1 am not sure there is a solution We have a sidewalk on the other side of the street. Mr. Bailey You can't deny that lights are presumably going to aid children in crossing the street. Mr. Lund The short cut at the parking lot is the safest place to cross but kids have to get there. Chairman Kenney The problem of building this sidewalk is that it is an extremely difficult sidewalk to build because if we take down the trees, it is right up to their front door. We hope mean- while to assist the situation without the sidewalk. Mr. Busa moved that we approach the State to set up a school zone with blinking lights to be located on School Street before Eastern Avenue and before Massachusetts Avenue. Mr. Bailey Since we are at budget time, we might want to re- view the possible requirements for additional Crossing Guards. The Planning Board and the Traffic Safety Committee wrote us that the problem of traffic is intensifying. Mr. O'Connell I think increasing at the greatest rate is the deterioration of the driving habits of the public; people are just not driving safely. 544 Mr. Bailey seconded the motion. Mrs. Riff in I will vote for it provided we have constant feed- back on whether it really does what we are setting out to do. Mr. Brown I will go along with it but the impression one gets when talking about a sidewalk on School Street, we talk about cross- ing. The key thing is getting across and the point is to get more people more safely across the street. I think this is what we are trying but I agree with Mrs. Riff in that we need feedback. Motion being made and seconded, it was unanimously voted to request the State Department of Public Works to install two Traffic School Zones on School Street before Eastern Avenue and before Massa- chusetts Avenue. Chairman Kenney It is understood that a sidewalk is not to be constructed at this time. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of incor- Cert. of poration Incorpora- tion Richard Newcomb 30 Blossomcrest Road Donald A. Miller 20 Pearl Street Hugh E. Bradshaw, Esq. 4 Constitution Road "Lexington Youth Hockey, Inc." Peter A. Mackie 35 Robbins Road "Parent Counseling Association of New England, Inc." Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting of October 2, 1972. Upon motion duly made and seconded, it was voted to sign the Order for Construction of Water on the following streets Water Adams Street, from North Street a distance of 500 feet, more Adams St. or less, northerly to Lexington-Burlington Lawn Ave. Town Line. Lawn Avenue, from Webster Road a distance of 365 feet, more or less. The Board discussed the study of the Bedford Street-Eldred Traffic Signal . Traffic Chairman Kenney read a letter from Mr. Mistretta, State Highway Bedford L Engineer, stating that an analysis of the study reveals that the Eldred Sts. installation of traffic control signals at this intersection would tend to increase the number of rear-end type accidents, particularly because of its close proximity to the Exit ramp of Route 128. "Our r experience shows that the traffic control signals located at Bedford Street and Hartwell Avenue are timed such that back-ups along Bedford Street during morning rush hours are relieved before reaching the Exit Ramp on Rte. 120. Furthermore, experience shows that even a minor change in the GREEN timealotted to the jug handle during these morning hours causes back-ups. We realize the difficulty motorists encounter sometimes in exiting from Eldred Street and mak- ing a left turn onto Bedford Street; particularly during certain hours of the day; this may prove to be a dangerous movement. For this reason, we would like to eliminate left turns for a 30-day trial period from Eldred Street onto Bedford Street - and require a manda- tory right turn. Left turns would then be permitted at the end of the jug handle at Hartwell Avenue in order that traffic may proceed southbound, onto Bedford Street. Pending your concurrence of the above suggestions, my maintenance personnel will erect the necessary signs, and we, in turn, will advise you of the effective date of this 30-day trial period." After discussion it was agreed to write to Mr. Mistretta that the Board concurs with his suggestions to conduct a traffic test for a 30-day trial period for a mandatory right turn from Eldred Street onto Bedford Street and to request that this be limited to the hours of 7 00 a.m. to 9 00 a.m. and from 4 00 p.m. to 6 00 p.m. Also, to request that we be advised at least two weeks prior to the effective date of this trial period in order that we may advertise the regula- tion change in the newspaper. Chairman Kenney If, after the trial, it is felt that this is not a reasonable solution to the problem, then we can go back to the State and initiate the request for a traffic signal once again. Chairmen Kenney read a notice from the Alcoholic Beverages Con- trol Commission regarding Election Day, stating that Hotels, Restau- rants and Clubs may remain open during regular business hours; ABC Package Goods Stores shall not sell or deliver alcoholic beverages -Election during polling hours unless they are authorized to do so by vote of Day their respective local licensing authorities. Chairman Kenney A poll of store owners in the Town indicates their preference to remain open. Upon motion duly made and seconded, it was voted to notify the Package Goods Stores that they may remain open on Election Day, November 7, during the regular hours; Motels, Restaurants and Clubs may serve alcoholic beverages during the regular hours. Mr. Buserabstained. Chairman Kenney informed the Board that a request has been re- ceived from Mrs. 'Barrows of North Street for a sidewalk area to be Loading installed at North and Lowell Streets for children who are waiting Zone for the school bus. North Mr. McSweeney It would be about $200 for materials; it Lowell wouldn't include labor. It could be done by the Public Works Depart- Streets ment. 54t; Mr. Bailey This would be a safety zone, not a sidewalk. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to make arrangements for the construc- tion of a sidewalk at the loading zone for school children at the southeast corner of the intersection of North Street and Lowell Street. Chairman Kenney asked Mr. McSweeney about the situation at the Hartwell Avenue Landfill . Mr. McSweeney I have made some headway by talking to the Union for temporary positions using part-time employees. 1 would like to use W-2 labor this Saturday and Sunday from 9 00 a.m. to Hartwell 3 00 p.m. to start this thing off. Landfill Chairman Kenney The glass recycling area would then be open. I would like you to explain the paper storage bins are not emptied. Mr. McSweeney We call and call them and they don't come and collect the papers. Mr. O'Connell Other towns are having the same trouble; they just do not have enough trailers. Mr. McSweeney We can go to Cambridge, not Connecticut, with the glass. Chairman Kenney If we were to report any progress, it would be ( 1) the glass recycling area open from 9 00 a.m. to 3 00 p.m., (2) we are making constant efforts regarding the paper; (3) an area is set aside for leaves. The Board agreed that men would be on overtime over the weekends until part-time help is hired. Mr. O'Connell Mr. McMenimen has requested that the United Fund United Fund Flag be flown during the drive and I suggested that it could be flown Flag on the flagpole in front of Cary Hall during the concentrated part of their own local effort. It would be flown below the American Flag. Chairman Kenney Ask them to stipulate the time. Mr. McSweeney reported that he had investigated parking struc- tures on the TOPICS program and we can get a structure for 100% TOPICS participation but we would have to remove all existing spaces on the Parking street. Will we have to eliminate this idea? Chairman Kenney I would say so. Mr. McSweeney I got an answer that TOPICS would cover a conn plete parking survey. Chairman Kenney What about an experiment for all-day parking meters behind Woolworths? Mr. McSweeney is to chehk this. Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session for the purpose of discussing deliberating or voting 54 ' IIIon matters which, if made public, might adversely affect the public security, the financial interest of the Town or the reputation of a person. After discussion of matters of zoning, personnel and land, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10.00 p.m. A true record, Attest \-).171,y� V ecutive Clerk, Selectmen (\)), / 1 1 548 SELECTMEN'S MEETING November 6, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, November 6, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown and Mrs. Riff in; Mr. O'Connell , Town Manager, Mr. Cohen, Town Counsel ; Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. Mr. Mollo-Christensen requested the signature of Chairman Kenney. Upon motion duly made and seconded, it was voted to authorize the Minuteman Chairman to sign the certification that the Town had received notifica- Technical tion on September 19, 1972 of the vote of the Minuteman Regional School Vocational Technical School District Committee on September 15, 1972 that the sum of $12,900,000 is appropriated for the purpose of con- structing and equipping a regional vocational technical high school and, that this appropriation shall be raised: by the issue of bonds or notes of the District under Section I6(d) of Chapter 71 of the General• Laws, as amended and supplemented, such appropriation and borrowing to be in addition to the $900,000 borrowing previously authorized by this Committee and in addition to any Federal aid re- ceived for the aforesaid project. Mr O'Connell reported to the Board that the Treasurer had ad- Treasurer vised him that the last $2.5 M. in notes which were due on November 6 were paid off on November I . We switched our target date for paying it off and it means several thousand dollars for the Town. It was a good job done by the Treasurer and the Tax Collector in getting fast movement of receipts into the bank to be used. Mr. O'Connell informed the Board that he had received an inquiry from the Rotary Club as to whether the April 19 pancake breakfast could be held in Cary Hall , as it could seat more people and offers Cary Hall more space for standing inside than the previous location at the April 19 Church of Our Redeemer Chairman Kenney I would see no objection if they would pay the custodial fee Mr. Busa I would ask if the Bicentennial Committee planned to use it in 1975 and 1976. The Board agreed to having no objection to the Rotary Club using Cary Hall for the pancake breakfast on April 19, with the under- standing nder- standing that it might not be• ay/Ai/able 'tothem i n 1975 er 4976 Chairman Kenney informed the Board that it is important to re- solve the question regarding the responsibility for April 1975; is it 1975 the Town Celebrations Committee or the Bicentennial Committee? Mr. Alan Adams remarked that meetings have been held and the question is still open. i am sure they would like a ruling as there are some really major problems that have to be resolved. The Board agreed that a decision is to be made very soon. 549 Mr. O'Connell informed the Board that as a result of re-bidding on salt supplies, Eastern Minerals of Lowell bid $14 a ton, delivered, Salt Bids aM .$I2 a ton if' .pirked upw The other bids were $14, $15 and $17, as against all previous bids of $17. The Board agreed that Mr. O'Connell is to check to make sure that Eastern Minerals can supply us. Mr. O'Connell requested the approval of the Board of a transfer to the Board of Health, Account #3300, in the amount of $2,500. We put $1,000 in the budget for TB patients at the Middlesex County Sanatorium, which allows 40 days patient care at $25 per day. A patient had to have surgery and then return to Middlesex and it is expected we will have 179 days of patient care, making a total of $4,475. Insurance credit of $642.50 has been credited to this account. Transfer Upon motion duly made and seconded, it was voted to approve the Request request to the Appropriation Committee for a transfer from the Reserve Fund to Account #3300 in the amount of $2,500. Mr. O'Connell reported to the Board that he has received a reply from the Public Works Department regarding Mrs. Bernier's offer of a tree to be planted by the D.A.R. on Buckman Tavern grounds. Two large ash trees are scheduled to be removed and there would be a suitable location to plant a tree. Mrs. Bernier' s tree is not considered to be satisfactory to move to Buckman and it is recommended that a three to four inch sugar maple be planted; the estimated cost of the tree is D.A.R $185 on today' s market. A plan could be worked out with the D.A.R. Tree on that they buy the tree and it would replace a tree that is there now. Buckman The tree could be planted now and the ceremony could be held later. The Board agreed that Mr. O'Connell is to contact the D.A.R. to work out the details. Chairman Kenney read reports from the Planning Board, Conserva- tion Commission and the Director of Public Works/Engineering regarding the Environmental Impact Statement for Route 2 prepared by Howard Needles, Tammen and Bergendoff. The Board agreed to write to Commissioner Campbell and inform him that it is the consistent opinion of our three groups that the Draft Impact Statement contains insufficient information on the environmental impact of this project on some of the following areas, and that the final Statement should give complete consideration to its effect on these areas located within Lexington Route 2 Environ- 1 . Hobbs Brook Basin mental 2. Lexington's entrance to Minuteman National Park Impact 3. Minuteman Regional Vocational Technical High School Statement 4. Existing Massachusetts Avenue 5. Existing Route 2A (Marrett Road) 6. Mass. Department of Public Works Maintenance Depot 7. Cabot, Cabot, i Forbes - Minuteman Industrial Park (Honeywell) 8. Lexington Motor Inn 550 Chairman Kenney read a request from Arthur N. Landry, Jr . for a IIIreview of his sewer betterment of $1,772.62 He owns two adjacent parcels of land located at 5 Minuteman Lane; his home is located on Lot 16 and the contiguous, adjacent lot containing 90, 187 feet has been approved by the Board of Appeals as a building site for his daughter. A report from the Director of Public Works/Engineering was read stating that there is no Town sewer running past the frontage although a service could be extended across the street to the lot. This, plus the fact that the lot was non-conforming as a building lot, is why no Landry betterments were assessed against the lot at the time of construction. Assessment Mr. Landry states this method of assessment is not consistent with that of the rest of the neighborhood; however, we would like to point out that this lot is also not consistent with the other lots in the neighborhood, because the average lot is only 16,000 to 20,000 square feet as compared with 90,000 square feet contained in this lot'. Mr. Landry has stated that the law does not specifically state that the betterment must be based on frontage. We must recommend that the betterment not be changed and that our present method of calculating charges in lieu of betterments for situations such as this remain the same The question was raised as to what would happen if Mr. Landry decides to subdivide this lot after being granted a lower betterment. The Board agreed to get a copy of the Board of Appeal's permit granted to Mr. Landry Upon motion duly made and seconded, it was voted to table Mr. Landry's request for a review of his sewer betterment assessment. Cert. of Upon motion duly made and seconded, it was voted to approve Incorp. 7 Carnegie Place, Lexington, as the mailing address of "Minuteman Feline Fanciers Inc." Chairman Kenney read a letter from Fae G Kass, 37 Barberry Road, requesting consideration of sidewalks on Concord Avenue from Five Fields to Waltham,Street. Sidewalk Mrs Riff in There are no sidewalks west of Concord Avenue on Concord Ave. Waltham Street. I know sidewalks are quite high but I feel it is an Five Fields Arterial road and should have a sidewalk on one side. If brought up Concord Avenue to Barberry Road, children could walk through the local roads to the main road. The Krebs School is interested in investigating the possibility of bringing it up part-way. After discussion; the Board agreed to refer the request to the Public Works and Engineering Departments and it will be reconsidered when the 1973 sidewalk requests are discussed. Also, to point out to Mrs. Kass that it is incumbent upon those requesting the sidewalk to determine the feelings of the abutters concerned and those in-the immediate area. Great Chairman Kenney read the recommendations of the Planning Board Meadows regarding the Great Meadows, stating that the objective both of the i51 majority of the committee and of the Conservation Commission is to re- tain the Great Meadows as a wildlife preserve and outdoor ecological classroom, possibly with walking and bicycling paths and the re- establishment of a natural pond for flood storage as well as other aesthetic, educational and ecological purposes. Theyspecifically Y wish to prevent the construction of a golf course and ask protective zoning to prevent this. We would like to see future plans developed, agreed upon and implemented which do not include a golf course. Methods for achieving this include I , acquisition (purchase) of the tract from Arlington by the Town of Lexington, giving the Lexington Town Meeting ulti- mate jurisdiction over what actually happens there; 2. acquisition (purchase) by the Commonwealth specifically for conservation purposes; 3. some form of binding agreement between the towns of Arling- ton and Lexington as to specific uses to be allowed. We see no need for a new committee, but recommend that the present joint committee be continued, with new appointments if appropriate, to investigate implications for both towns of these three courses of action, including legal problems of implementation and costs involved. This is in line with the suggestion contained in the final paragraph of the August 25 statement of the present joint committee. We support their requests that the joint committee "be empowered and funded to supervise the drafting of a compre- hensive plan for the specific end use of this land ..." We also recommend that this plan and the studies of the three alternatives we have suggested for implementation be completed within two years, resulting in proposals for action by the two Town Meetings in 1975. Mr. O'Connell I raise the question on the point of recommenda- tion of continued use of the dual committee. Studying it is one thing but Arlington's role as owner of the property and potential user is not the same as it was; their interests become quite divergent. Chairman Kenney I felt this but upon reading the Joint Arlington- Lexington Great Meadow Study Committee report, Arlington is saying we recommend protective zoning and that the land be used solely for a natural wildlife preserve and for an outdoor ecological classroom. These are similar to ours but whether Arlington agrees, I don't know. Mr. Busa Why are they looking for more funds for more surveys? A survey plan and study of what it can be used for could run another $5,000 or $6,000. I can't see what is going to happen to the Great Meadows immediately. Any pressure group has to get a permit from the Board of Appeals in Lexington. 552 Chairman Kenney Before they had any funds, the Committee would have to come back to us. We have to have them look at it and say we have to address ourselves to a plan. They can't answer right now. Mr. Buse If they came up with a definite recommendation, we could look into the matter of what we would give them. Chairman Kenney In the interests of the Town of Lexington, there ought to be an agreement; we are looking for a long-range answer. $2,000 or $3,000 would be money well spent for a study and a plan; we can't let it die now or sit on it. Upon motion duly made and seconded, it was voted to accept the Planning Board report on the Great Meadows. Mr. Busa was recorded in the negative. The Board agreed to take the necessary steps to re-appoint the Lexington Great Meadow Study Committee. Upon motion duly made and seconded, it was voted to approve the Minutes Minutes of the Selectmen's Meetings held on October 10 and October 16, 1972. Upon motion duly made and seconded, it was voted to sign contract Contract 72-8-E for the painting of the Standpipe, which was awarded to Nick 72-8-E Drywall Construction Co., Inc., Woonsocket, Rhode Island on September Standpipe II , 1972 in the amount of $7,400. Contract is approved as to form by Painting Special Counsel Legro. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or voting Session on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion 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 9 20 p.m. A true record, Attest Lrj j,,ot Executive Clerk, Selectmen {a ttige) SELECTMEN'S MEETING November 13, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday, October 24, 1972, at 7 30 p.m. Chairman Kenney, Selectmen Riffin, Bailey, Brown and Buse; Mr. Cohen, Town Counsel , Mr. O'Connell , Town Manager; Mrs. Mascetta, Acting Executive Clerk, were present. Chairman Kenney read a letter of recognition from R.G. Light, Associate Professor of Agricultural Engineering of the University of Building Massachusetts, Amherst, of the fact that Mr. Donald Irwin, Lexington' s Inspector Building Inspector, had demonstrated interest and capability in his Certificate profession. of Award Mr. Irwin was presented a Certificate of Award for participation in the Municipal Building Officials Conference, Continuing Educational Program. Congratulations were extended to Mr. Irwin by all members of the Board. Mr. Robert V. Whitman, Present Chairman of the Permanent Building Committee, Mr. Luigi DiNapoli , Mr. Otis S. Brown, Jr. and Mr. Thomas G Taylor and Mrs. Mary Lou Touart were present to advise the Board of the Completion of the Clarke Junior High School . Permanent Mr. O'Connell stated that this school was constructed in approxi- Building mately IB months with evidence of monies being left in the budgeted Committee amount. He indicated that this is one of the best jobs performed that he has seen. Selectman Bailey We seem to have a well-experienced committee but I do hope that this fine experience is not needed again, that is, for another school . Mr. Whitman 1 would like to take this occasion to extend per- sonal thanks to Drummey, Rosane, Anderson, Architects and the General Contractor, Wexler Construction Co. Inc. It was through them that a very good job was done throughout the project and they do deserve credit for this. The Board extended congratulations and thanks to all members of the committee on the fine job done on this 4} million dollar project. Mr. O'Connell discussed two requests for tansfer from the re- serve fund Account #1950, Elections-Town Clerk, in the amount of Transfer of $2,500; Account #3300, Health Department, in the amount of $2,500. Funds #1950 Mr. O'Connell In June an estimated request in the amount of Elections $3,600 for account #1950 was filed and signed by the Board. It was later agreed that this transfer be held. As it turned out, the elec- tion expenses did not amount to as much as had been previously estimated. The present need in this account is $2,500 to cover ex- penses of election workers and school custodians for the Presidential Primary. The present balance in this account is $1 , 176.63. 1 554 It was moved by Selectman Bailey, seconded by Selectman Busa and unanimously voted to approve the request for transfer from the reserve fund to Account #1950, Elections-Town Clerk, in the amount of $2,500. Mr. O'Connell The request for transfer of funds in the amount of $2,500 for Account #3300, Health Depattment, is to cover expenses Transfer of for TB patients at Middlesex County Sanatorium in accordance with Funds 03300 the General Laws. There is $1000 allowed in the Health Department Health Dept. budget for TB patients which allows 40 days patient care at $25 per day. This year there will be 179 days of patient care making a total expense of $4,475. Insurance credit of $642.50 has been credited to this account. It was moved by Selectman Busa, seconded by Selectman Brown` and unanimously voted to approve the request for transfer from the re- serve fund to Account #3300, Health Department, in the amount of $2,500. Mr. O'Connell requested that the Board approve and accept the Engineering proposal of J.W. Moore for engineering design survey, not to exceed Design Survey the amount of $6,000 which will be taken from Article 25 of the 1972 Fern, Grass- Annual Town Meeting. land, It was moved by Selectman Bailey, seconded by Selectman Busa and Holland unanimously voted to accept the proposal of J.W. Moore to prepare the Streets necessary engineering design survey of Grassland Street, Fern Street and Holland Street, as requested by the Town Manager. Mr O'Connell reported that the building located at 1162 Massa- 1162 Mass Ave. chusetts Avenue suffered severe damage by fire recently. The Betiding Fire Damage Inspector has inspected the building and declared it to be in danger- ous and unsafe condition and that it should be taken down. Mr. Irwin has issued the necessary notice that the structure be razed. Mean- while, as a safety precaution, the building has been boarded closed. Chairman Kenney read• the letter received from 5.0. Harris, Secretary of the'Greater Lowell Fly Fishers relative to the plight Shawsheen of the Shawsheen River, specifically, the adverse effect that the River Lexington Town dump, in the Tophet swamp area, has on the Shawsheen River. The Board agreed to refer the matter to the Public Works Depart- ment for study and requested that a report be submitted to the Board. Mr. Harris to be so advised. The Board reviewed the request for Certificate of Incorporation to be known as "LaTienda Sister City Store, Inc." to be located at Cert of II Depot- Square, Lexington. lncorp. Police Chief Corr indicated that his investigation shows no reason why the Board should not approve this application. It was moved by Selectman Brown, seconded by Selectman Busa and unanimously voted to certify the characters of the following who have applied for Certificate of Incorporation under the name of "LaTteihfla Sister City Store, Inc." eJ i Gabriel Baker 2 Linmore Terr. Albertine D. Valencia 124 Concord Ave, Hester D. Sperduto 8 Diana Lane Alan G. Adams 15 Somerset Rd. Evelyn P. Gately 8 Graham Road Truman A. B �orklund 10 Carmel Cir. All residents of Lexington, Massachusetts Upon motion duly made and seconded, it was unanimously voted to remove from the table the request from Secretary Davoren relative to the approval of 7 Carnegie Place, Lexington, as a mailing address of Minuteman Feline Fanciers, Inc , doing business in the Town of Canton, Massachusetts, as filed under Chapter 18, General Laws. The Board had questioned if the Zoning By-Law would permit this action. Town Counsel has submitted his opinion as stated in G.L. c. 180 Mail Drop s.4 that the receipt of mail at a residential location would not vio- 7 Carnegie late the Zoning By-Law, as long as the business activity of the Place corporation is carried on elsewhere. In this specific case, the transaction of business is in the Town of Canton, as recorded with the State It was moved by Selectman Bailey, seconded by Selectman Riff in and unanimously n i sly voted to approve the request of Minuteman Feline Fanciers, Inc.1mto use the address of 7 Carnegie Place, Lexington, as a mailing address only. Selectman Brown I would like to take this opportunity to can- pliment Mr. Cohen on his clear definitions of the General Laws Iwherever it is applicable in his opinions and rulings. The Board reviewed the list of residents to receive sewer better- ments assessment on Banks Avenue Sewer It was moved by Selectman Bailey, seconded by Selectman Busa and Betterment unanimously voted to approve sewer betterment assessments as follows Assessment Banks Ave. lot NO. Area Assessment Catherine J. Coughlin L.C. I None P.A. 20 Carville Avenue Carville Ave James A. L Roberta J. Cochran L.C. 2 5400 5387.29 10. Banks Avenue sq. ft. Joseph G. & Bernice E Potzka 448-449 10800 774.57 14 Banks Avenue 450-451 sq. ft. Ernest E. 4 Doris L. Avallone 474-475 None P.A. 26 Carville Avenue 476 Carville Ave. Robert C. 4 Glenna J. King 471-472 8100 580.93 9 Banks Avenue 473 sq. ft William F. L Carol A. Ahern Pt 468 5805 416.33 15 Banks Avenue 469-470 sq. ft 556 Lot No. Area Assessment Regina A. Hubbell, Nellie A. Ingham, (L.C.) 5400 $387.29 Clara A. Bauer, Walter J. Scott, 460-461 sq. ft. John F. Ferrick, Exor. 33 Banks Avenue It was moved by Selectman Brown, seconded by Selectman Bailey and Sewer unanimously voted to approve the abatement of sewer betterment assess- Abatement ment as follows Assessment Regina A. Hubbell , Nellie A. Ingham, Clara A. Bauer, Walter J. Banks Ave. Scott, John F. Ferrick, Exor., 33 Banks Avenue, )8216 (L.C.) 460,461 committed November 13, 1972 in the amount of $387.29 for the reason that the sewer does not extend to service this lot. It was moved by Selectman Busa, seconded by Selectman Bailey- and unanimously voted to remove from the table the request of Arthur N. Landry, Jr. , 5 Minuteman Lane, for sewer betterment abatement. Chairman Kenney noted that the Board of Appeals' permit for vari- ance read as follows "Arthur N. Landry, Jr. to build a house on Lot 145, which has an area of 90, 187 sq. ft and which is located between numbers 3 and 5 Minuteman Lane, with a 40 ft. frontage instead of the required 150 feet subject to the following conditions I One residence only would be built on the approximately 90,000 sq. ft. and the present barn would be maintained and used by the owners for horses. 2. Services including sewer would be run up the 40 ft. drive- Sewer way, underground, between the street and the main part of Betterment the property." Deferment 5 Minuteman Chairman Kenney referred to the report submitted by the Director Lane of Public Works/Engineering which clearly answered the questions asked by Mr. Landry. Chairman Kenney I feel that it has been made pretty clear that, at this time, it is the intent of Mr. Landry to build only one house on the lot adjacent to his lot #16. Mr. Landry, upon applying for a building permit, has been informed by the town engineer that there would be a betterment due in the amount of $1,772.62 on the lot on which he intends to build Mr. Landry stated his reasons for request' ing that the Board review the manner in which the computation for this assessment was made. The Board reviewed all reports and correspondence on the matter. Selectman Bailey I would like to suggest that we might defer the amount of $1 ,000 of the $1,772.62, but if there is any change in that lot, if it is sold or undergoes any other changes, then the deferment of the $1 ,000 will terminate. 55 ` It was moved by Selectman Bailey, seconded by Selectman Brown and unanimously voted that the Board defer the amount of $1 ,000 for lot 145 shown on Assessors map #50 at 5 Minuteman Lane, owned by Arthur N. Landry, Jr. and Marjorie H. Landry, until said land or any part thereof is sub-divided, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold. It was moved by Selectman Buse, seconded by Selectman Brown and unanimously voted to approve the minutes of the open meeting of Minutes October 24, 1972. It was moved by Selectman Bailey, seconded by Selectman Buse and unanimously voted to authorize the Chairman to sign the Liquor Identi- Liquor I .D. fication Card for Beth Ellen Mitchell , I Bedford Street, Lexington., Chairman Kenney read letters received from Donald Q. Bunker, II Liberty Avenue and David A. Boyd, 37 Liberty Avenue, relative to Traffic the dangerous traffic conditions that exist in that area. Liberty The Board agreed that copies of these letters be referred to Avenue the Director of Public Works with a request for a report on the traffic situation. The Board received a request asking that the Town of Lexington join-with surrounding Towns to act as a "clearing house" to effect some changes on the final report of the Boston Transportation Planning B.T.P.R. Review. Lexington is very interested in joining forces with surrounding communities. Selectman Brown will attend a meeting to be held on Friday, November 17, as representative of the Lexington Board. Representative Lincoln P. Cole appeared before the Board briefly to 'advise that the deadline for filing any issues for Legislature is Representa- December I , 1972. He will be happy to assist in any way should the tive Board have any items for legislation. L.P. Cole The Board thanked Representative Cole and will contact him, if necessary, before December 1st Chairman Kenney read a request from three retired teacherstof the Lexington School System as follows "The last session of the Great and General Court of Massachu- Request/ setts passed Bill Number H-6157, Chapter 763, permitting Death Bene- local legislative bodies to restore to retired municipal em- fit Policy ployees the $2000 death benefit policy. As retired teachers of Lexington, we are eager to have this benefit restored. We would appreciate your acting favorably on this measure" . ' Signed Mary B. Buckley, 66 Main Street, Stoneham;. Amy A. Campbell , 46 Thompson Lane, Milton; Norman E. Brute, 57 Chan- ning Road, Belmont 558 The Board feels that recommendation should be received from Mr. Perry, Comptroller, and Mr. Cohen, Town Counsel . It was moved by Selectman Bailey, seconded by Selectman Riff in and unanimously voted to refer this letter to the Town Manager that he request the recommendation and opinion of Mr. Perry and Mr. Cohen. With reference to a previous request received by the Board Regulations relative to regulations covering entertainment in establishments of Entertain- licensed to serve liquor, the following was submitted by Town Counsel ment Liquor Licensed "G.L c. 140, s. I83A...No innholder, common victualler or person Establish- owning, managing or controlling a cafe, restaurant, or other ments eating or drinking establishment shall , as part of his usual business, offer to view, set up, set on foot, maintain or carry on a concert, dance, exhibition, cabaret or public show of any ddescription at which food or drink or other refreshment is sold for cash, or in connection with which, after free admis- sion, music or other amusement is provided or furnished upon payment or deposit of money, either as a cover charge or in payment for food, drink, or other refreshment, unless and un- til a license therefor, to be exercised on weekdays only, has been issued by the licensing authorities, (the Board of Select- men in Lexington, see G.L. c 140, s. 1 ) who may upon written application and upon such terms and conditions as they may prescribe, grant such a license for any or all of the purposes hereinbefore described and may, after written notice to the licensee, suspend or, after hearing revoke the same. Licenses granted under this section shall specify the street and number where the licensed business is to be carried on or give some particular description thereof, and shall not protect a licensee who carries on his business in another place. Such licenses, unless sooner revoked, shall expire on December thirty-first of each year. The fee for any such license or for any renewal thereof shall not exceed five dollars, but no fee shall be chargeable for any such license to a person who, for the period covered by such license, Is also licensed under section two " Chairman Kenney advised that the present holders of Innholder's Liquor Licenses shall be notified of the above regulation. It was moved by Selectman Busa, seconded by Selectman Brown and unanimously voted to sign the Orders for Construction of Sewer as Sewer Constr. follows Concord Ave. York St. Concord Avenue, from Waltham Street a distance of 400 feet, more or less, easterly. York Street, from Woodland Toad a distance of 120 feet westerly and from Woodland Road a distance of 300 feet 111 easterly. 559 At 8 20 p.m. it was moved by Selectman Bailey, seconded by Select- man Busa and unanimously voted to go into Executive Session for the purpose of discussing deliberating or voting on matters which, if made public, might adversely affect the public security, the financial Executive interests of the Town or the reputation of a person. Session After discussion of matters of financial interest to the Town, at 8 35 p.m. it was moved by Selectman Busa, seconded by Selectman Bailey and unanimously voted to go out of Executive Session. Upon motion duly made and seconded, it was unanimously voted to adjourn at 8 35 p.m. J-111)tc,,L,„ I Acting Executive Clerk, Selectmen I 560 SELECTMEN'S MEETING November 20, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, November 20, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Riff in; Mr. O'Connell , Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, six jurors were drawn as follows Barnard Bornstein 9 Wheeler Road Jurors Vincent R. Ignico 17 Emerson Gardens William A. Johnson 13 Smith Avenue Raymond W. Little 81 Vine Street Robert D. MacLean 32 Young Street John L. Taccalozzi 12 Barrett Road Mr. O'Connell informed the Board that comprehensive oral examina- tions have been conducted for the promotions from Lieutenant to Fire Captain in the Fire Department. As a result, two men have been selected. Captains Lt. John T. McDonough, a Fireman for 16 years and a Lieutenant for seven years, and Lt. James Cataldo, a Fireman for 20 years and a Lieutenant for three years, were introduced to the Board. The Board congratulated both men upon their promotion to Captain in the Lexington Fire Department. Chairman Kenney read a request from Eisenberg Associates for per- mission to install a 12 inch drainage line to an existing drainage manhole in the municipal parking lot to the rear of the property at Lexington 10-12 Muzzey Street. Pending approval , we intend to install the afore- Mews mentioned drain line from the existing manhole to a point just inside Request for the property line for use during the construction period for the Drainage proposed Lexington Mews Building. Our main objective in connecting this system at this point is to expedite any interruption of parking service in said parking lot and to eliminate open pumping of incurred water during construction across the surface of the lot. Mr Busa I question putting a sump in the basement to collect water from the roof and parking lot. 1 don't think Lexington should get into a situation where we have to allow private construction to maintain a sump and to pump it into our system; this could run 365 days a year. We would get this request from every owner on Massachu- setts Avenue. I would like this tabled until we get a report from the Building Inspector and the Board of Health. Mr. Bailey If anyone has the problem, I would expect them to ask for it. Mr. Busa The reason they are requesting it is because theveleva- tion of this floor is below the water table. 56 1 Mr. McSweeney The reason for the sump pit is obvious; they are going down 12 feet. in our report, we presented the following recom- mendations ( I ) Both sanitary and storm wastes will require separate pump- ing units to be installed. (2) The connection to the catch basin in the parking lot is, from an engineering viewpoint, not only feasible but proba- bly necessary since there are no other drainage facilities in the immediate area. (3) If this drain connection is to be approved, work should begin as soon as possible so as to provide a minimum amount of disruption during the approaching holiday season and provide a permanent solution to draining the site during construction. The alternative would be to allow water to flow across the pavement to the basin thereby creating a possible freezing problem. (4) Should you approve this connection, we would request that it be granted with the following stipulations That this department be notified at least forty-eight (48) hours in advance of the beginning of the work. That the work con- form to our specifications, and that all necessary permits, etc. be obtained prior to commencement. (5) We recommend that the Town obtain written notice that it will not be held liable in the event of a surcharge condi- tion in the drainage system. Chairman Kenney What alternative do they have? Mr. McSweeney Not to have a cellar 12 feet deep. This is the other question as far as the design of the building is concerned, but they don't feel as though they are going to have water. Mr. Busa Under Subdivision Control Law, I think the elevation has to be maintained by the Board of Health and the Building Depart- ment. This is my knowledge under subdivision. Chairman Kenney It doesn't come under it. Mr. Buse Then they should be notified. Mr. Bailey Do they have a building permit? Mr. McSweeney I don't believe so. Mrs. Riff in At what depth are the other basements? Mr. McSweeney 5 or 6 feet; they intend to go down 12 feet Mrs. Riff in Would the sump pump be privately installed and privately maintained? Mr. McSweeney Yes. The water will end up in the basement and they want to pump it out. It is a private venture, not a Town venture. Upon motion duly made and seconded, it was voted to table the item until next week pending reports from the Board of Health and the Build- ing Inspector 562 Dr. Kassler, Chairman of the Conservation Commission, and Mrs. Frick met with the Board. Dr. Kessler informed the Board that Mrs Frick had received a check for $18,500 from the State Department of Natural Resources Conservation for 50 percent reimbursement for the purchase of conservation land Commission along Route 128 We had a letter from HUD saying we will get $38,525 from the Federal Government for the Wilson, Frissore, Soule and Drummer Boy land. This represents a tremendous amount of work 'by Mrs. Frick, Mrs. Greene and Mr. Cohen and exemplifies what happens and what has been happening with tremendous cooperation from the Engineering Department, Town Manager and the Board of Selectmen. Chairman Kenney Congratulations to you and the Conservation Commission for the fine job you have done. It is good news when the townspeople can see these funds come back to the Town. Mr. O'Connell informed the Board that he has a request from the Conservation Commission Account 02460 for $600. Previously, there had been a request for $600 and there has been a change in the makeup Transfer of this amount. The money previously spent for maps has been charged Conservation to Conservation and they are requesting $400 for secretarial services Account and $200 for 4 half-day periods for the services of Mr. Zaleski to #2460 assist them in the preparation of their land articles I think it raises a question which the Board might wish to enter into on the use of such expenditures - a question of whether with Account #2460 and Article 63-additional appropriation to Conservation Fund. These are two operating budgets and the question is if the Conservation Fund is going to be used for operating expenses or to use the Fund if it overruns. Chairman Kenney I think the purpose for which the Fund was formed was not for operating expenses but capital expenses. Mr. Bailey Do you recommend approval of this transfer request? Mr O'Connell Yes. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Conservation Commission Account #2460 in the amount of $600. Mr. O'Connell reported to the Board that he had received a letter Gold Ribbon from the Board of Appeals concerning the problem of trucking complaints Farms at Gold Ribbon Farms. The gate which was promised has been installed and is in use. For the information of the Board, Chairman Kenney said that the State Department of Public Works has advised us that Chapter 90 Memo- randum of Agreement No. 27319, dated October II , 1972, for the improvement of roads in the Town of Lexington under Section 34, Chapter 90, 'has been revised to include Waltham and Watertown :Streets. This is for resurfacing. Transfer Chairman Kenney informed the Board that approval has been received Berman' s from the Alcoholic Beverages Commission for the transfer of stock to Liquor Joel G. Berman of Berman' s Market, Inc. /s"' 9 6'4 Chairman Kenneyinformed the Board that approval from the ABC has Sheraton rp Lexr to also been received for William E. Haas as General Manager of Sheraton Lexington Lexington Motor Inn. Manager Chairman Kenney read a request from the Lexington Lodge of Elks #2204 for an extension of hours on New Year' s Eve to 2 00 a.m. Ap- Elks NeW proval had been granted last year. Year's Eve Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Lodge of Elks #2204 for an extension of hours under their Club Liquor License to 2 00 a.m. on New Year's Eve. Upon motion duly made and seconded, it was voted to certify the Cert. of character of Timothy P. Hart, 30 Spring Street, who has applied for lncorp. a Certificate of Incorporation "The Cumulus Flying Club, Inc." Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's 'Meeting held on October 24, 1972. Dr. Clarke, Vice Chairman of the Planning Board, and Charles Parking Downe, Interim Planner, met with the Selectmen. Central Chairman Kenney read a report submitted by the Planning Board Business regarding parking in the Central Business District District "Mr. Charles Downe reported to the Planning Board at our meeting 111 last Monday with regard to the probable costs of various kinds of consultant studies which might be undertaken to guide the Town toward solutions of the parking problems in Lexington Center, including one or more parking structures. This "ball park" figure for a parking structure on the existing parking lot in the Muzzey-Waltham St. block, with the 185 spaces envisioned by the 1966 EDA report, is of the order of $700,000, in- cluding contingency funds. It is unlikely that such a structure could amortize its cost entirely through parking fees, in that such fees would be so high that patron use would be discouraged The Planning Board feels that the Town is not ready for a pro- posal of this magnitude, which would require some ongoing subsidy from public funds. We feel further that any proposal for parking expansion will require more backup analysis of present and future need throughout the central business district in order to succeed at Town Meeting. We believe this will be true of a request for funds to expand the Meriam St parking lot. This analysis could take the form of a short-term investigation as follows 1 . The supervision of a group of volunteers is gathering data on critical spots at critical periods. Such data would in- clude degree of occupancy of specific areas and turnover rate, to determine the present pressures and need at speci- fic locations (Our League of Women Voters, Ms. Margo Gilson, reports that LWV would like to cooperate.) 564 2. An analysis of present and future floor space in the commer- cial district, including various uses and activities and to translate this analysis of traffic generators into present and future parking needs." Chairman Kenney I wholeheartedly agree on the, conclusion made on the parking structure. I think it is out of the question. I would point out that we received a letter from Commissioner Campbell of the State DPW saying that TOPICS could replace on-street parking. Mr. Clarke We don't have much on-street parking. Our feeling is that a study is long overdue. Meriam Street parking lot will come up next spring and we should be informed about the need for parking in the Center, and it would be a good time to do it for the next spring session of Town Meeting. We have a man doing the work, and Mr. Downes, and we have money left in the personal services budget. Chairman Kenney I think an analysis or a study of the Center, overall , would be helpful but I don't think it an absolute necessity for Meriam Street. Mr Clarke I agree that it would be a considerable help. Chairman Kenney When we talk about a transfer, we may get into a problem where it is not a requirement unforeseen or of an emergency nature. Mr. Clarke We can say that Alex' s departure was unforeseen. ✓ Mr. O'Connell I don't think the Planning Board has funds. Putting it on a dollar-for-dollar basis, it would not have the balance and would not be used in the manner indicated. Mr. Clarke One-half of Alex' s salary is not available to us but in the overall there is money available. We could go to the Appropriation Committee. Mr. O'Connell It cannot be taken from the personal services account. Mr. Clarke I think it is a reasonable request to the Appro- priation Committee. Chairman Kenney The letter from Commissioner Campbell says "a Lexington Center project has been recommended in the Lexington Areawide TOPICS plan as part of Project 02. Included in this pro- ject would be consideration for parking restrictions to improve traffic flow and adequate provisions for off-street parking." Mr McSweeney A complete study and a parking and circulation plan were listed on Phase I . We set up our priorities, like Waltham Street and Concord Avenue. In the first part of the project, we felt as though we didn't need all the traffic installations and came up with the priority of the business district and an evaluation of alternate roads which had a bearing on traffic circulation. We asked Commissioner Campbell how soon 'we would be able to anticipate it and he said it is in the hands of consultants. Project 2 is implementation if the State approves. It is my understanding that the State approved and needs data for priorities. Whether TAMMS changed them, I don't know. 6 t� Mr Bailey There may be a possibility of us chang- ing our priorities Mr. Clarke: Parking, I gather, is only a small part of this? Mr. McSweeney: It was in our priorities in TOPICS Chairman Keneey The letter from Commissioner Campbell came in today, and Mr McSweeney has talked to them. Mr Clarke: Phase I is evaluating our priorities? Mr McSweeney They have already said they are feasible On the evaluation of signal installation, I will have a list next week. Chairman Kenney to Mr. McSweeney Talk to the State Department and ask them if there could be a speed-up of the study in the Center and get a timetable. Mr McSweeney Then we will have a clearer idea Mr Bailey And see how difficult it is for us to change our priorities Mr Clarke And that it sets up how far we can go. Mr McSweeney The first $330,000 will be assigned and you go ahead step-by-step It is really data gathering and getting into a design concept, we would like to pick this out and get it as fast as possible We talked about Bedford Street and the jughandle, Pleasant Street and Massachusetts Avenue, and the intersection of Maple Street and Marrett Road Mr Clarke And the effect of the amount of traffic that goes to the Center Mr McSweeney a complete To have evaluation of parking. Mr Clarke Including off-street. Mr McSweeney Yes , for public parking, and they will have to gather some data on private parking Mr. Clarke That would solve the question we are after. Chairman Kenney I think it unfeasible to go for a transfer if the State and TOPICS will do this for us. Mr Clarke What if it is not for five years? Chairman Kenney I don' t think so Mr. Clarke If we had some idea of the time to make that survey, it would be very useful The Board agreed that Mr McSweeney is to report back with the information Chairman Kenney to Mr. O 'Connell On the Meriam Meriam St. Street parking lot, some time ago there was a feeling that Parking Mr. Mongiello would assist us Lot Mr. O'Connell Yes , he is trying to put the informa- tion together, and we are also trying to complete the metering 566 Chairman Kenney We will put an Article in for the Meriam Street lot The Board would be interested in look- ing at the information as soon as it is compiled. Mr Clarke and Mr Downes retired from the meeting at 8 25 p.m Chairman Kenney requested the Board to vote to exercise the option granted to William Hill Exercise of Upon motion duly made and seconded, it was voted to Hill Option exercise the option granted by William Hill to the Town to purchase the parcel of land containing 10 384 acres situated southerly of Marrett Road that was authorized to be acquired for conservation purposes under Article 53 of the 1972 Annual Town Meeting. Chairman Kenney informed the Board that it is time to set the date for the closing of the Warrant for Articles for the 1973 Annual Town Meeting Upon motion duly made and seconded, it was voted to 1973 Town call the Annual Town Election on Monday, March 5, 1973, and Meeting the Annual Town Meeting on Monday, March 19 , 1973, at 8 00 p m in Cary Memorial Hall Upon motion duly made and seconded, it was voted to Warrant close the Warrant for the 1973 Annual Town Meeting on Closing December 29 , 1972. All Articles to be inserted in the Warrant must be submitted to the Board of Selectmen on or before December 29 , 1972 at 4: 30 p.m Chairman Kenney read a request from the Director of Public Works/Engineering to sign Contract 72-6-E, Sanitary Contract Sewer Construction, which was awarded on October 17, 1972 72-6-E to Grandview Contracting Inc in the amount of $137,138 Sewer for Westwood Road, Mill Brook Road, Suzanne Road, Emerson Construc- Road, Brent Road, and Concord Avenue tion Upon motion duly made and seconded, it was voted to sign Contract 72-6-E, Sanitary Sewer Construction, awarded to Grandview Contracting Inc. in the amount of $137,138 The Board discussed an informational hearing to be held Spring St on a 24 ft. layout of Spring Street and it was agreed that a Hearing hearing will be held in Cary Hall on December 13, 1972 , at 7 30 p m Mr. McSweeney The Board will attend this meeting and the abutters will be notified that it will be an informal hearing Common Chairman Kenney informed the Board that application Victualler has been received from Saratoga Sandwich Roll Corp d/b/a Danish Danish House, 1847 Massachusetts Avenue, for a Common House Victualler License They have received a permit from the 1 Qi ) Board of Appeals and we are waiting for the final inspec- tion1by the Board of Health. The license could be signed and held until the approval of the Board of Health is re- ceived They have requested the hours of 7:00 a m. to 12:00 M but will cut back if business is slow. Upon motion duly made and seconded, it was voted to sign the Common Victualler License for Saratoga Sandwich Roll Corp d/b/a Danish House, subject to approval of the Board of Health; hours to be 7 00 a.m to 12:00 M. Chairman Kenney asked Mr Brown about the meetings to be held regarding the extension of the MBTA Mr. Brown: The Boston Transportation Planning Review MBTA ends in January and they are trying to get support for con- Extension tinuance. I don' t believe the Red Line will get to Lexington for ten years as they have to get through Cambridge and the others first. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, delib- erating or voting on matters which if made public might Executive adversely affect public security,financial interest of the Session Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting Chairman Kenney read a request from the Director of Public Works/Engineering for approval of equipment rates Snow for hired equipment to be used in the 1972-73 winter Plowing & season Basically, what we have done here is reviewed Hauling current rates being employed by surrounding cities and towns Rates In addition, we have met with all the available truck owners . Also, we have reviewed all the available equipment and found it necessary to adjust our rates for the smaller equipment so that they would be more equitable The department is finding it more difficult each year to hire equipment and drivers in the 23,000 - 60 ,000 G V W. class. To date, our advertise- ment and solicitation has produced the same amounts and types of equipment that we have had for the last two years A great number of our hired equipment falls within the 23,000 - 34,000 G V.W range Presently we have 23 pieces under consideration. We would like a minimum of 30 (allow- ing 10% and/Or 2 vehicles for breakdown) in order to cover our 14 hired routes efficiently. The basic changes that we have made are as follows (1) We have changed the plowing rate for the lower GVW (4,000 - 23,000) from $16 00 to $9 00 - $14.00. 56 (2) For the 46,000 - 60,000 G.V W , the plowing rate has been changed from $19.00 to $21 .00 and the hauling rate from $13 00 to SI5.00. All other rates are the same as approved for the 1971- 1972 winter season Upon motion duly made and seconded, it was voted to approve the 1972- 1973 Plowing and Hauling Rates, as recommended by the Director of Public Works Plowing Hauling G.V.W. Existing & Proposed Rate Existing & Proposed Rate 4,000 - 10,000) $ 9 00 10,001- 16,000) $16 00 12.00 $10 50 $10.50 16,001- 23,000) 14 00 10.50 23,001- 34,000) 16.00 10.50 18 00 12 00 34,001- 46,000) 18,00 12.00 46,000- 60,000 19.00 21 .00 13.00 15.00 Trailers 20.00 Loaders - Tire Mounted 13/4 yds. to 2 yds 25.00 2 1/2 yds. and over 35.00 On Plowing Only The following rates may be added if they apply (No change from 1971-72 in snow plow rates) (a) Owner furnishes own plow - add $3.00 per hour (b) Owner furnishes own helper - add $2.50 per hour (c) For each 24 hour period - 11/2 hours will be deducted for breakfast, lunch and supper. This is effective on both plowing and hauling. (d) Standby time - when notified to prepare for a storm but later equipment is not used - payment will be made for 2 hours at the rate applicable per unit. (e) One hour credit to be allowed and paid for mounting chains. Units must report to work with chains (f) Every operator must check in and check out to receive a stamped time slip by the Department Dispatcher. Upon motion duly made and seconded, it was voted to adjourn at 10 15 p.m A true record, Attest /ted 42A-4"- N-1'd" t Executive Clerk, Selectmen EG9 SELECTMEN'S MEETING November 27, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday evening, November 27, 1972, at 7 30 p.m. Chairman Kenney, Messrs Bailey, Buse, Brown and Mrs. Riff in, Mr O'Connell , Town Manager, Mr Cohen, Town Counsel ; Mr. McSweeney, Director of Public Works; Mrs McCurdy, Executive Clerk, were present. Mr O'Connell recommended that the Board approve three transfer requests A request from the Comptroller for $800 to Account No. 2935-Copier Supplies. We had forecast $1 ,000 for the balance of the Transfer year but the request i5 for $800 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account No. 2935-Copier Supplies, in the amount of $800. The Director of Public Works requests a transfer of $8,000 to Account No. 5500-Snow Removal . Mr McSweeney has used the figure based on $4,600 for bills on hand; there is a bill in process for Transfer $1 ,300 for salt, making a total of $5,900. He has a current balance of $4,548 but $4, 100 of this is committed for two new sanders We felt there ought to be some minimum balance in the account, and it would give $2,500 for small emergency requirements. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account No. 5500-Snow Removal , in the amount of $8,000. The Director of Public Works requests a transfer of $1,691 .69 to Account 5700-Sewer Maintenance. The forecast was for $15,000; the first request was for $4,700 and $1,691 .69 would be for the Transfer second group of bills incurred in the operation of the North Lexing- ton Pumping Station. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account No 5700-Sewer Maintenance, in the amount of $1 ,691 .69. Mr. O'Connell discussed the Bowman School roof and informed the Board that he had been in touch with Mr. Brown, Architect, and asked Bowman him to take certain actions to have the roof repairs finalized in a School week or so. Repairs should be started no later than April , 1973. Roof Mr Cohen requested the Board to sign the contract with Barnes Cary Engineering Company, Inc. for survey work at Cary Memorial Library Library Upon motion duly made and seconded, it was voted to sign the Barnes contract with Barnes Engineering Company, Inc. for survey work at Engr. Cary Memorial Library in the amount of $1 , 100. Contract I 570 Chairman Kenney read a letter from the Planning Board recommend- SILC ing that Thomas Costello and Daniel Small be appointed as repre- Lexington sentatives of Lexington on the Subregion tntertown Liaison Committee Representa- Upon motion duly made and seconded, it was voted to appoint tives Thomas Costello and Daniel Small as representatives of Lexington on the Subregion Intertown Liaison Committee, effective immediately, for a one year term expiring September I , 1973. Chairman Kenney read a report from the Planning Board regarding the request received from the Lexington Golf Club to lease Town- owned land, Lot 19, Assessors' Map 58, for a teaching and practice Lexington area. The report states, in part, that this land was originally Golf Club part of the "poor farm." The lot referred to has an area of II Request for acres, sloping from Cedar and Hill Streets into a valley. The major Lease of part of the side adjoining the Golf Club property is low, wooded and Land wet In order to use this land as a golf practice and teaching area, a significant amount of alteration would be necessary. To utilize the low area, trees would have to be cleared and some filling would have to be done. The remainder of the site would also have to be graded To avoid this type of alteration and utilize only the higher ground could create a safety hazard. The left side of the parcel is bordered by the rear yards of the houses on Cedar Street which would make an errant golf shot dangerous. Our examination of this parcel shows that it is used extensively as a neighborhood play and recreation area. At the present time this would seem to be the higher need In the absence of a specific proposal from the Lexington Golf Club, the Planning Board recommends that the land be retained for its present use Upon motion duly made and seconded, it was voted to accept the recommendation of the Planning Board and to so inform the Lexington Golf Club. Chairman Kenney read a request from the Arlington Board of Selectmen for a joint meeting with the Board and the Great Meadows Great Study Committee Meadows The Board agreed to make arrangements for a joint meeting to discuss the Great Meadows. The Board also agreed to re-appoint the members of the Lexing- ton Great Meadows Committee. Upon motion duly made and seconded, it was voted to re-appoint Mrs. Angela E. Frick, Dr. Howard Kassler and Manfred Friedman as members of the Lexington Great Meadows Committee. Chairman Kenney read a letter of resignation from Mrs Judith SCSR Totman as a member of the Lexington Suburban Responsibility Comnis- TNMA sion Upon motion duly made and seconded, it was voted to accept with regret the resignation of Mrs. Judith Totman from the Lexing- ington Suburban Responsibility Commission, representing the Town Meeting Members Association. J(_ Chairman Kenney read a letter from Commissioner Campbell stating that the State Public Works Department would expect to pay both con- struction and right-of-way costs for the Hartwell Avenue Connector, and suggesting that a meeting be held with the State Department, SILC, and the Town of Lexington to review the progress of this project. The letter also referred to the TOPICS program and stated that as far as financing off-street parking in Lexington Center, the Hartwell Ave. TOPICS Program could participate in the construction of off-street Connector & spaces to replace on-street spaces eliminated by a TOPICS Program TOPICS Pro- Lexington would be expected to provide the necessary right-of-way gram for for the off-street parking construction. A Lexington Center project Center has been recommended in the Lexington Areawide TOPICS plan as part of Parking Project #2. Included in this project would be consideration for park- ing restrictions to improve traffic flow and adequate provisions for off-street parking. We have authorized our Design Engineer, Tippetts, Abbett, McCarthy, Stratton to prepare the Functional Design Report of Project NI . When this report is completed, we will forward it to you for Lexington's review and acceptance. Upon Lexington's acceptance of Project NI , we could begin the Functional Design of Project N2, unless a change in priorities is requested. Mr McSweeney I talked with the Design Engineer of TOPICS and Project N1 was submitted to the Department on October 31 ; the top priority was a circulation plan which would take care of questions and answers regarding downtown parking, Worthen Road, Emerson Road, and intersections they proposed. He told me we should be getting copies for the Board's approval in about three weeks. No. I prior- ity would not cover off-street parking on Massachusetts Avenue, Waltham Street and Watertown Street The next question that came up was whether we could add to the $330,000 project and ask them at that time to approve it. We are supposed to get it within three weeks for the Planning Board' s comments; when the Selectmen and the Planning Board review it, we amend it and add to the No. 1 priority. On the Hartwell Avenue Connector, I met with representatives of Lincoln Lab, SILC and Selectman True of Concord. We submitted Hartwell Ave plans last year and these are the same plans we talked about. They Connector had been considering a circumferential presented by SILC. We said Road we would like some positive answer before Town Meeting and we were informed that costs for takings and construction would be paid and it would be a partial connector, as we discussed with Commissioner Campbell . I was asked to supply additional information by photo- g ramvnet r i cs. Chairman Kenney Is there a timetable? Mr. McSweeney We will receive the first letter in three weeks. This will be a federal project, just like the takings for Route 2. Chairman Kenney Do we need Town Meeting authority? Mr McSweeney I asked for a letter and a plan from them of accepted layouts so it could be reviewed by the Board and the Plan- ning Board so it could come to Town Meeting. Instead of study plans, 1 wanted one plan, signed by Commissioner Campbell , along with the position letter a r Chairman Kenney The position letter saying that they will do it? Mr. McSweeney Yes, and hopefully start the next phase of it. Mr. Bailey This is just for the. entrance from and exit to the southbound lane of Route 128 Mr. McSweeney Yes. We can wait another two weeks and call them. Mrs Riff in This was the sequence we wanted; we didn't want to pick up the extra traffic on Bedford Street. Mr. McSweeney They were talking about two exits from the Air Base but they said there wouldn't be a need for two exits if the one on Hartwell Avenue was built. The Board agreed that Mr. McSweeney is to follow through with the State DPW and report back to the Board Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on November 13, 1972. Chairman Kenney read a recommendation from Police Chief Corr Special for the appointment of two Special Police Officers. Police Upon motion duly made and seconded, it was voted to appoint Appoint- Police Cadets Richard W. Ham, Jr. and Richard M. Corazzini as Special ments Police Officers for a term expiring March 31 , 1973. Chairman Kenney informed the Board that the proposal for Public Selectmen's Officials' Liability Insurance is ready for signature, to be sub- Insurance mitted to Stewart, Smith, Inc., 147 Milk Street, Boston, for a quotation. Upon motion duly made and seconded, it was voted to sign the proposal for Public Officials' Liability Insurance for the Board of Selectmen and submit it to Stewart, Smith, Inc., for a quotation. Chairman Kenney read a letter from Town Counsel Cohen regarding a proposal from Dr. Robert J. McAulay, 4 Lexington Avenue, for a golf McAulay practice range at the Hartwell Avenue sanitary landfill . Proposal for Mr Cohen pointed out that there are certain legal problems, Golf Range as well as zoning problems. It would appear that it is doubtful at Hartwell whether, under the proposed plan of operation, the Town would retain Landfill sufficient interest in the project to make it a municipal use at all . Also, whatever interest the Town might be found to have in the pro- ject would probably be of a proprietary or business nature, rather than governmental . After discussion, the Board agreed to write to Dr. McAuley and inform him that due to the lack of legal precedent, the Board con- cluded that because of legal complications it did not wish to pursue the matter any further. Chairman Kenney read letters from Theatre Pharmacy, Stevens Municipal Market and Michelson' s Shoe Store, which expressed concern over the Parking Lot hampering of the municipal lot in connection with the construction of Lexington Mews. They requested that digging in the lot be post- poned until after Christmas. 57: After discussion, the Board agreed to inform the businessmen that conditional approval has been given to the Lexington Mews to connect to a drain in the parking lot, which will necessitate a small trench being dug from their property to the drain. However, this work will be done under the direct supervision of the Director of Public Works, will be scheduled early in the week, will take no longer than four to six hours, and at no time will the parking lot be closed. To postpone until after Christmas would have a serious effect on the owners of Lexington Mews but if properly scheduled and executed, should involve only a minimal effect on the use of the parking lot. Mr William Whalon, Chairman of the Regional Refuse Disposal Plan- ning Committee, met with the Board to report on the activities of his committee. Chairman Kenney We have received a letter from SILC regarding a meeting to be held in Lincoln on November, 30 for the formation of a regional group for solid waste. Your committee submitted an interim report in 1970 on compaction and rail hauling and we would like to have your thoughts on the matter tonight Do you see any advantage to Lexington joining this group? Regional Mr. Whalon There is no answer to this problem but I can see Refuse no harm in hearing what they have to say; they may have an idea that Disposal hasn't occurred to anyone else or a method of implementation. I am Planning somewhat reluctant to the idea of forming a district without knowing Committee what it will lead to. Chairman Kenney The SILC proposal would include Lexington, we represent 25 percent of the group. Mr Bailey Is Waltham part of your current group? Mr. Whalon Yes. Mr. Bailey In one group, we are the little brother, and in SILC we end up being the big brother. Mr Whalon Waltham's problem is more critical , as is also the case in Arlington. Waltham has exhausted appeals to the state for funding and it is not convenient for them to get married to Newton, which is engaged in a proposal that DeMateo has in Saugus. Our com- mittee feels the least expensive method would be compaction of refuse and disposing of it by sanitary landfill . We still feel that way We had looked into an arrangement with Reclamation Systems in Cambridge but they had a fire and went out of business for over a year They are now back in business and are beset with the problem of trying to find a place to put the stuff . They are approved by the Board of Health and the Environmental Council and they are hauling stuff to Carver, which has 20 acres but they only have permission to bury on 3 acres. We think that is the cheapest and easiest way to get rid of the stuff until effective methods of recycling are devel- oped. The difficulty is that nobody wants it buried in their back yard. It is their feeling, and ours, that until the Legislature makes it possible, nothing is going to happen. It was proposed last 574 year by the Governor and never got anywhere This reflects more than anything else the uncertainty in the eye of the legislator of what is the best thing to do. Every scien- tific organization on Route 128 was involved in a study to find an answer We don' t see any answer Mrs Rif fin I read an article that the Federal Environmental Protection Agency had awarded $112 ,500 to Waltham and Newton for regional solid waste disposal. I wonder if they consider us as part of it, or just the two cities? Mr. Whalon I don' t think that will get anywhere. Chairman Kenney SILC sent us the proposal and it would cost us too much money. Mr Whalon We hired Camp, Dresser and McKee to do a study for us and they hinted at incineration Chairman Kenney Are you saying your Planning Committee recommends compaction and landfill? Mr Whalon We don' t see a better way for seven com- munities with twelve tons a day. For a modern incinerator which would satisfy pollution, some were in the order of $22 M , exclusive of land acquisition costs and site development costs We don' t think it would stand a prayer of getting to Town Meeting, and that left very little option Mr O'Connell I agree, basically with Mr Whalon that it is the unwillingness of the Legislators to make a decision and there is no suitable location for the residue; the State is the only one with the authority to say where these places will be I do not like the DeMateo proposal. Chairman Kenney It is readily apparent that we are going to have to live with our dump for a few years With this in mind, would you and Mr McSweeney explore the. com- paction machine? Mr O 'Connell Yes. The lack of sanitary landfill and the cost could be substantially improved by better compac- tion and by a different way of taking care of the volume of wood, as it doesn' t compress well and has to be covered. There are things we will have to do to satisfy the State. Chairman Kenney: It may be an expensive year for the dump Mr O 'Connell: I agree Chairman Kenney As far as joining the SILC group, this would mean an Article in the Warrant. Mr. O'Connell Isn' t it somewhat beyond the scope of the By-Laws of SILC Chairman Kenney Maybe, but it is within the intent on which it was formed It would have to be something separate from SILC This group becomes something beyond SILC and it becomes another regional study group Mr. Cohen: Are we a legal district now? I)7 ) Mr. Whalon We are a planning Board but we have not organized into a district Mr. Cohen: It is not an official district. Chairman Kenney We can request our representatives to SILC to monitor the meetings and inform Mr. Caswell that we are members of a regional Planning Board Mr Bailey I would like to ask Mr. Whalon if he would be willing to go to the meeting in Lincoln Mr Whalon I will attend. The Board agreed that Mr. Whalon is to attend the meeting on solid waste to be held in Lincoln, and report back to the Board Mr. Whalon retired from the meeting at 8 37 p.m Upon motion duly made and seconded, it was voted to remove from the table the request of Eisenberg Associates relative to the proposed utilities and, specifically the drainage, for Lexington Mews Mr. Eisenberg met with the Board Chairman Kenney: It is our understanding in talking with Mr. McSkaeeney that a connectionAcould be made in four Drainage or five hours time and the work would be done under the Lexington conditions set forth by him Mews At the request of Selectman Busa, we referred the matter to the Building Inspector and the Board of Health The Building Insipector reported, in part, that the only portion of a possible sanitary and storm waste problem indicated on the foundation plans was the existence of toilet facilities in the basement area which, if it were a problem, could be corrected by, pumping units The Board of Health reported that there appear to be two options available with respect to the handling of ground water problem: 1 Raise the elevation of the basement floor This involves a three-step raise to enter the building and appearing before the Historic District for approval of exterior changes. 2 Go along with existing plans and install lift stations for ground water From our own experi- ence in Lexington with respect to lift stations we know that they can be a problem even with elaborate controls and alarm systems. If the plans are approved with the existing elevations the following basic control equipment should be required 1 Back water valves to be installed on both sanitary sewage and ground water lines 576 2 Surcharge alarms to be installed 3 Auxiliary source of power and pumps provided in the event of power failure. Mr. Eisenberg: We disagree with the Health Inspector but we did agree that gasoline power pumps should be available, and the owner has agreed to provide that type of equipment. Chairman Kenney We have received a report from the Assistant Town Engineer that he met with the Engineers of the Lexington Mews and reviewed the drainage, with special regard to subsurface water Additionally, their calcula- tions were reviewed and it was found that the method used in computing the quantity of water to be the generally accepted method and of a highly conservative nature. It should, however, be pointed out that the formula is strictly empirical. Lexington Mews ' Engineers have estimated quan- tity of runoff from both sources is minimal and should have little or no effect on our system As regards the effect of this project on abutting properties , we feel that there will be no harmful results Chairman Kenney to Mr Eisenberg: As I understand it, if we accept the calculations which your Engineer gave to our Engineering Department, there should be no problem? Mr. Eisenberg: We prefer the pumps to be running fairly consistently; intermittently but not daily. Chairman Kenney: If it turns out to be no problem now, there is a possibility in several years from now of a change in the water table and the situation could arise that you are overtaxing the capacity of our storm drains. Mr. Bailey It could happen in two weeks. You don' t know until you get down there Mr. Eisenberg We are only pumping 4,000 sq. ft It is not that deep. Mr Bailey You are also the deepest hole in Lexing- ton Mr Busa I don' t think the town should go in the business of keeping these people in business It is not up to the taxpayers to supply drainage We are talking about the entire Lexington Center ground water As a businessman and a builder, I believe this should be built above the water table. He has already gone to 13 feet with the assumption that the Board gave them permission to pump. They have already designed for a 12 foot cellar. In my opinion, the taxpayers should not be in this posi- tion unless the Town wants to share the profits No other business in Town wants this 577 Mr O'Connell I respectfully request that the matter at hand now comes under the new Hatch Act and the determin- ation comes under this. First, it does alter the water table and requires a Hatch Act hearing. Mr Busa: I have no objection to the Lexington Mews construction but not when the Town is providing them with a drain in their basement for 365 days a year. I don't think Lexington should get into this business Mr. Eisenberg I would suggest to the Board that this is a facility that will be paying taxes to the Town We do have roof drainage and roof drainage should be provided with a place to go It is our opinion that no amount of water which would be pumped would have any potential of overloading the system Chairman Kenney If we were to give you the right to do this , since there are conflicting opinions , we would probably make it conditional, and allow it to be terminated if our storm drain is greatly taxed. If that happens, you would be in a tough spot Mr. Eisenberg: I am willing to take the chance as I don' t think it will ever happen It would be a kind of gamble. I could advise my clients that if it happened at the worst the floor could be raised or waterproofing put in; an additional six inches on the floor Mr Busa If waterproofing would solve their prob- lems at some future date , I would say build it at this point in tinie Mr Ei5'enberg It is not overtaxing the Town at this time, and the drain is there. We are going to generate taxes to the Town Mr Bailey: The Chairman is saying if it happens, we withdraw from our part of the agreement We are sitting as the Board of Public Works Chairman Kenney to Mr Eisenberg The onus is com- pletely on you. Mr Eisenberg We do this all the time. Our pro- fessional reputation is at stake Mr Bailey As far as overloading the system is concerned. Mr. Busa: In my opinion, that isn't the question That building can be built on the water table The question is having an 8 foot cellar or a twelve foot cellar Mr. Bailey On your approach to the merchants in the Center, we have gone out of our way to make Lexington Center a viable entity You say we don' t help the mer- chants. Mr. Busa I am not an advocate of providing parking spaces, either We are now allowing the old zoning to not allow parking spaces 578 Chairman Kenney The request is to split the drain- age system; the roof and gravity water to be separate. Mr. Eisenberg: At some place, they have to join a backwater valve Upon motion duly made and seconded, it was voted to grant permission to Lexington Mews to install a 12" R.C. drain across the public parking lot off Muzzey Street, as shown on plans submitted for the Lexington Mews Building, subject to the recommendations of the Board of Health and the stipulations set forth by the Director of Public Works/Engineering. Mr. Busa voted in the negative. Town Counsel Cohen was requested to draft a letter to Eisenberg Associates setting forth the conditions for the installation of the drain for Lexington Mews Building. On December 6 , 1972, a letter, signed by Chairman Kenney on behalf of the Board of Selectmen, was sent to Eisenberg Associates stating that the granting of permis- sion to install a 12" R.C. drain across the public parking lot off Muzzey Street, as shown on the plans submitted for the Lexington Mews Building, is subject to the following conditions and stipulations: 1 Separate drainage systems are to be provided to carry surface runoff and groundwater Surface water shall be carried by gravity as opposed to the groundwater which shall be pumped 2. The Board of Selectmen reserves the right to revoke its permission for the drain connection to the town system at such time as the Board deems it to be in the best interest of the town to do so. In making a decision to revoke the permit the Board of Selectmen shall take into consideration, as one factor, the question of the capacity of the town' s system and whether it is being overtaxed by the subject drain con- nection 3. The owner shall indemnify and save harmless the town in the event of a backwater condition in the town' s drainage system resulting from over- loading caused by the subject drain. 4. With respect to the pumping of groundwater, the owner shall install a suitable alarm system along with a method of standby pumping in the event of a power failure 5ri9 5. Prior to any excavation, all necessary permits shall be obtained from the Department of Public Works. The time of construction of such drain shall also be subject to approval of the Department of Public Works Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. Executive Session A joint meeting was attended by Chairman John Maguire of the School Committee, Chairman Edward Furash and Jack Mitchell of the Appropriations Committee, Mr O'Connell, and Mr. Cohen to discuss with the Board the payroll war- rant submitted for the School Department administrators. After discussion, it was voted to go out of Executive Session and resume the open meeting. As a result of the meeting in Executive Session re- garding the payroll warrant for the School Department administrators, the majority of the Board of Selectmen School expressed the opinion that the salaries are high but Adminis- recognized the School Committee' s legal authority to set trative school salaries. The Board agreed that the administra- Salaries tive salaries are to be paid at the 1972 level submitted, except that Superintendent Fobert' s salary is to be paid at the 1971 level pending a ruling concerning compliance with the Federal wage guidelines The new salaries were submitted as follows: Eff. Eff. Eff Eff. 7-1-71 7-1-72 7-1-71 7-1-72 Rudolph J Fobert $35,000 $38,800 Jack Monderer 25,760 27,085 Mitchell J Spiris 27:,10 28, 360 James Maclnnes 21,897 23 ,148 Ado Commito 25, 730 27 ,128 Richard Barnes 19 ,915 21,093 School Committee Chairman, John Maguire agreed that he would seek a ruling from the Internal Revenue Service and submit it to the Board of Selectmen Upon motion duly made and seconded, it was voted to adjourn at 10 45 p m A true record, Attest: )0/6e4y Executive Clerk, Selectmen /0 580 SELECTMEN'S MEETING December 4, 1972 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 4, 1972, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Brown and Busa; Mr. O'Connell , Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney,, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. Planning Mr. O'Connell introduced Kenneth G. Briggs, the new Planning Director Director for the Town. Chairman Kenney and the Board welcomed Mr. Briggs and wished him success in his new position. Transfer Mr. O'Connell recommended approval of a request for a transfer of $250 to Account 1142-In State Travel. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from E d D to Account 1142-In State Travel , in the amount of $250. School Admin. Mr. O'Connell informed the Board that the new warrant is ready, Salaries containing the 1972 levels for School Administrators, with the exception of the Superintendent of Schools which is being held pending a ruling from the Internal Revenue Service concerning compliance with the Federal Wage Guidelines. Chairman Kenney We have talked with the Comptroller and Town Counsel and, as I understand it, that is the unanimous decision of our Board. Five Chairman Kenney read a letter from Dr. Arnold Abrams requesting Fields an abatement of the sewer betterment assessment for Five Fields, Inc. Sewer in the amount of $300.60. Assessment Upon motion duly made and seconded, it was voted to refer the request to the Director of Public Works/Engineering for a re- commendation. News- Chairman Kenney read a letter from David Westfall , 106 Kendall paper Road, recommending that additional newspaper bins be made available Landfill at the sanitary landfill. A report from Mr. McSweeney was read, stating that the Con- tractor has additional bins on order and will provide one to Lexington as soon as possible. The Board agreed that Mr. Westfall is to be so informed. Add' I Chairman Kenney read a letter from the Boston Edison re- Street garding additional street lights. Lights Chairman Kenney This is part of our 5 year upgrading of lights for the Town. It is going to cost us more money; we are charged on an annual rental unit and if the lights burn out, they replace them. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to place the orders for lights on iNt ttie following streets Grassland Street, Barrett Road, Bartlett Avenue, Arcola Street, and North Street, for a total annual oper- ating cost of $562.68. Chairman Kenney read a letter from the Bicentennial Com- Bicenten. mittee stating the need for the repetition of an Article in the Article 1973 Warrant for the Annual Town Meeting for Bicentennial funds. The Board agreed that the request would be placed on file until the vote for insertion of Articles is made. Chairman Kenney read a letter from the Bicentennial Com- Bicenten. mittee stating that based upon discussion with the member of the Memorial Bicentennial Committee responsible for a Permanent Memorial and the Chairman of the Permanent Memorial Sub-Committee, it is obvious that no request for an Article in the Warrant for the 1973 Annual Town Meeting will be forthcoming from the Bicenten- nial Committee. Although funding was denied by vote of the 1972 Town Meeting, it is our understanding that the Bicentennial Com- mittee is required to submit a report on the permanent memorial to the 1973 Town Meeting. The Permanent Memorial Sub-Committee reports that (1) Insufficient public support exists to permit a request of Town Meeting to appropriate funds for a museum; (2) Suggestions still under consideration by the Sub- 111 Committee are a. a boulder monument opposite the present marker on the Green dedicated to peace as so eloquently pro4 posed .. by Town Treasurer, Lou Zehner; b. landscaping of the Katherine Harrington property and Betfrey Hill together with complete restoration of the Betfrey tower and perhaps a relief map showing the Battle Road and all points of best interest. After acceptance and study of this report, the Bicentennial Committee encouraged the Sub-Committee to include in its consid- erations the possibility of a section of the expanded Cary Library to be allocated for the storage under controlled atmosphere of archival material belonging to the Lexington Historical Society. At a meeting conducted for this purpose on November 11 , no definite conclusions were reached. Chairman Kenney Will there be funds included in the Center Beautification? Mr. O'Connell: Yes. I will talk with them and try to work it out. The Board agreed. Mr. William Whalon of the Regional Refuse Planning Committee SILC- met with the Board to report on the meeting he attended on SILC Solid proposal for a committee on solid waste. Waste Mr. Whalon: Mr. McSweeney and I attended the meeting and there were 20 people present from 12 communities. Frankly, we learned very little that hasn't been said before in many different ways. They are going to do much of the research work and they want appropriations to do the same thing we have been doing for three years. Everybody is agreeable to having a solution but 58` nobody wanted it in their back yard. We are indeed the largest-vet the towns associated with this particular group. They have pro- posed an article calling for an appropriation of money and we feel that, as proposed, it is nothing we could recommend to be included in the Warrant. Chairman Kenney: They are asking specifically whether or not we are going to join. Mr. Whalon I don't think so at this point. They are going to revise the article as it was generally felt that this one would not get through any Town Meeting. It is my feeling that we should just wait and see. Chairman Kenney We have to make a decision. Mr. Whalon: I think we should have reservations about marrying into 15 communities. They are suggesting that we form a district and I don't think they are going to get it through any Town Meeting. The Board agreed to wait until the revised article is submitted by Sl LC. MAPC Chairman Kenney read a letter from Eric Clarke, Vice Chairman Represen- of the Planning Board, recommending that Mrs. Lois W. Brown be ro- tative appointed as Lexington's representative on the MAPC. Upon motion duly made and seconded, it was voted to reappoint Mrs. Lois W. Brown as Lexington's representative on the Metro- politan Area Planning Council for a term expiring December 16, 1973. LCSR- Chairman Kenney informed the Board that a vacancy has occurred TWA on the Lexington Commission on Suburban Responsibility due to the Appt. resignation of Mrs. Judith Totman as the TMMA representative. The Board discussed a list of nominees which had been previ- ously submitted by TMMA. Upon motion duly made and seconded, it was voted to appoint Mrs. Lillian T. MacArthur, 33 Charles Street, a member of the Lexington Commission on Suburban Responsibility representing the Town Meeting Members Association. Sheraton Chairman Kenney asked the Board to discuss the request of the Motor Inn Sheraton Lexington Inn for an increase in hours of operation to 1 00 a.m. Upon motion duly made and seconded, it was voted to remove from the table the request from the Sheraton Lexington Motor Inn for an increase in hours of operation to 1:00 a.m. After discussion, the Board agreed to invite Mr. Dunfey and his General Manager to the meeting next week to discuss the request. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on October 30, 1972.. Sewer Tak. Upon motion duly made and seconded, it was voted to sign the Woodland Rd. Order of Sewer Taking on Woodland Road from York Street, a distance from York of 240 ft. more or less. Street I )8 Mr. Peter Chalpin of the Engineering Department reported on MBTA Extension a meeting he had attended in Arlington on the MBTA extension of the Red Line to Route 128. They are asking for a letter from the Board supporting the concept and the project being studied; also, to submit a list of our transportation priorities. This letter would be addressed to the Northwest Corridor Transportation Plan- ning lan- ning Policy Committee. Mr. Borwn: The fact is they are seeking some support to get it out of Alewife to Arlington Heights and, if we get it out that far, Lexington is interested in getting it out farther. Mr. Buse: They want to go through Lexington out to Hanscom Field. Mr. Brown: They are talking about using the rail line that is already there. Chairman Kenney This is an attempt to persuade the Governor for additional funds. Mr. Chalpin: The report that is issued will study in detail from Harvard to Alewife to Arlington, and the last part to 128. Mr. Bailey It is clear that Arlington would dearly love to have it go to the Heights. Mr. Chalpin Arlington has already hired a Consultant and they are currently working on a study within Arlington itself, and it is divorced from this. Mr. Bailey Personally, if Arlington is working to get it ex- tended to the Heights, Iwould support them in that. Secondly, beyond that, I don't see any reason why we shouldn't study an ex- tension to 128, but I have real serious reservations about the problems we would get into in Lexington. Mr. McSweeney Who will provide technical advice. Mr. Chalpin: It will be given by Consultants hired with funds this Policy Committee hopes of obtain from some source. If they do obtain this money, they will use it to hire a technical staff to gather data to be presented. It will be put together in the BTPR office and will be issued from the Governor' s address to get the ball rolling. The Board agreed to write to the Northwest Corridor Transportation Planning Policy Committee and inform them that we are eager to co- operate in the joint effort to find mutually acceptable solutions to the transportation problems facing us. However, at this time, we are unable to list any priorities with regard to the Red Line Extension to Route 128, not having had an opportunity to view any detailed plans or reports on the matter. The Board gives its full support to the extension to Arlington Heights and Commuter Rail Improvement Program endeavors. Matters we would like to have inves- tigated as soon as possible dealing with our internal priorities are: 1. Expanded existing or new mini-bus service within Lexington connecting with existing or proposed MBTA facilities. 2. Improved existing commuter rail service, equipment and facilities. V 584 At the present time, we are unable to supply any more than super- visory technical staff to any studies planned for Lexington and at such time as funds are available to the Policy Committee, we would require a full complement of technical staff support from the Policy Committee. Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of a personnel matter, it was voted to go out of Executive Session and resume the open meeting. Planning The Board discussed the salary of Kenneth G. Briggs, Planning Director(new) Director, and approved the recommendation of the Town Manager. Upon motion duly made and seconded, it was voted to approve the salary of Kenneth G. Briggs, Planning Director, at M-6, $15,000 annually. Upon motion duly made and seconded, it was voted to attend the scheduled joint meeting with the School Committee in Estabrook Hall at 9 30 p.m. The School Committee had requested the Town Manager to meet with them to discuss an Article in the Minute-man issue of Novem- ber 30, 1972 regarding School Administrators' salaries. The following minutes were recorded by the Selectmen's Executive Clerk of the meeting attended by Chairman Kenney, Messrs. Bailey, Buse and Brown, and Mr. O'Connell , Town Manager. Joint Meeting of the Board of Selectmen and School Committee December 4, 1972 Mr. John Maguire, Chairman of the School Committee, opened the meeting in Estabrook Hall , which was open to the public. Mr. Maguire: This is the first open joint meeting, at least in my memory, between the School Committee and the Board of Select- men in Estabrook Hall . We have questions we want to ask and we are primarily concerned with an interview which appeared in the news- paper, and events after that interview. This appeared in the last Minute-man and was subsequently summarized in the Boston Globe, con- taining eight misstatements and, in our opinion, judgements of the Town Manager lacked balance and completeness. The School Committee felt that In view of that statement and the effect on the Town, we would like, as soon as possible, for him to appear and answer quest- ions on the memo and the interview as it appeared in the paper. So, we sent a letter to the Manager and said, In part, please bring all data you used in making your decision and the prior data used which was the basis of the temporary decision of the Board. We received a el Vl■([g- s0. t) letter from Mr. O'Connell saying that in view of the lateness, it would not beP ossible for him to meet on December 4 and he would discuss it at a mutually agreeable time. I met with the Board of Selectmen on Saturday and they kindly and graciously assented to this meeting. I had a letter from Mr. Kenney on the joint meeting and it said the discussion should be confined to statements in the article in the paper, and the Town Manager will be present to answer ques- tions within the scope of that subject. Mr. Kenney wrote, "I feel that it is incumbent upon both the Board of Selectmen and the School Committee to take particular care that this meeting not degenerate into a confrontation between our two groups." The School Committee agrees in totality with these remarks, and we have no such intentions. We do want to get at the proof. There was a letter written after my meeting with the Board on Monday, at which there were some mem- bers of the Board present, and Town Counsel. The meeting was held in executive session and it was clear to me as I left that the vast majority of the Selectmen felt that the warrant for the five staff members below the Superintendent would be released, and the sixth withheld pending a ruling from the Wage Board, and then released. That was unquestionably the concensus that evening. The interpre- tation of the outcome, by a letter to Mr. Perry authorizing the re- lease, seems to me a judgment made on the part of the Board that the payments were not excessive, as the Town Manager had explained. I left that meeting feeling that something had come out of It. I wrote a letter to Mr. Kenney on November 28 thanking him for the cordial and tactful manner in which he conducted the meeting on November 27 and that it was both enlightening and potentially bene- ficial. I said 1 was pleased that the Selectmen have decided to re- lease the pay increases for the five central office administrators under Dr. Fobert and I am now in the process of obtaining a written opinion from the IRS regarding Dr. Fobert's salary increase and have requested that Mr. Prideaux (IRS) send a carbon copy to you so that you can expedite payment of the Superintendent's increase. I got the feeling it was a balanced presentation that night. The Appropriation Committee was there and they understand what the School Committee has been doing over the years. It was a balanced exchange until it came to light in the newspaper. For one thing, it told they had reaffirmed their support of the Town Manager; that crept in in the first paragraph and was transferred erroneously to the Boston Globe. Chairman Kenney You mentioned this is the first joint meeting between the School Committee and the Selectmen. I trust it is some- thing that we can continue as it is helpful to us and the Town. it was mutually agreed that the discussion would be confined to the general tone of the article. Some are not direct quotes from any of us; but the interpretation by the reporter. Mr. Maguire I would ask the Town Manager to tell us about an interview or, somehow, a memo that represented a basis for the Select- ' men's decision it took to hold payment, that appeared as quoted. 586 Mr. O'Connell Let's correct the history leading up to the Board of Selectmen. The Town Manager prepared a memo concerning warrants for the payroll to be signed by him. It was a memo to the Board and the Town Manager presented it only to the Board. You asked, through our Chairman, for an open meeting and it was listed and posted on the Board of Selectmen's agenda, and that dealt with the Town Manager's action on the payroll and the warrant. Late in the afternoon, I was contacted by the Minute-man with ques- tions on that subject, as 1t was preparing an article. And the Town Manger was not the source. Mr. Maguire: So the memo which was quoted was, in fact, a memo and it was released to the Minute-man unauthorized. Chairman Kenney: In the first place, we don't know about the Minute-man. It was prepared by the Town Manager under Section 11 of the Selectmen-Town Manager Act. Mr. O'Connell i was not the source, other than the questions asked. Mr. Maguire: Your memo was submitted the previous Monday. Correct? It involved investigation and it was authorized for re- lease by the Selectmen? Mr. O'Connell: Stop putting words in my mouth. Chairman Kenney: The memo was prepared by the Town Manager as part of his advice. We did not release it. Beyond that, it is an open memo from the Manager. I am beginning to wonder why we are here. Is there something you don't like about it? Mr. Maguire: A point It was not a memo and not authorized for release by the Town Manager. It must have been someone else. Chairman Kenney: I would respectfully request that I don't think this is particularly germane. You said you have questions, so kindly ask them, if that is the case. Mr. Maguire- I want to establish if the Selectmen tupported the Town Manager - and the answer is "no". Or is there something that had appeared after you voted. Chairman Kenney: The Manager came in on November 20 and we supported the Manager's main point that, overall , the salaries were high and should have been investigated. Mr. Maguire: Since that time, the memo became outdated, as we all agree. The warrants have been paid, so according to your statement, if paid, that abrogated the Town Manager's decision of being excessive. Chairman Kenney: It is to be noted that members of the Board feel that is incorrect. I will read the following statement of the Board. "At its meeting of November 20, 1972, the Board of Select- men was informed by the Town Manager that he considered the adminis- trative salaries contained in the School payroll warrant excessive and that he was referring the matter to the Selectmen, according to Section 11 of the Selectmen-Town Manager Act. The Selectmen voted to withhold the pay increases pending a disussion with the School Committee. On November 27, the Chairman of the School Committee met with the Board of Selectmen in executive session as mutually agreed. The majority of the Board of Selectmen expressed the opinion that the salaries are high but recognize the School Committee's legal authority to set school salaries. At the conslusion of this meet- ing, the Selectmen agreed that the administrative salaries are to be paid at the 1972 level submitted, except that the Superintendent's be paid at the 1971 level pending a ruling concerning compliance with the the Federal wage guidelines. Subsequently, we were informed of the School Committee's desire to discuss with the Town Manager the ques- tions contained in the Minute-man of November 30. The Board of Select- men voted to join with the School Committee in a joint meeting to be held December 4 at 9:30 P.M. in Estabrook Hall. The discussion is to be confined to the statements contained in the Minute-man article. The intention of the Board of Selectmen is twofold: 1 - That we meet and discuss with the School Committee over the salary matter and evi- dence our concern -- asking for re-evaluation of the method. 2 - That the basic facts be made public knowledge." The Selectmen's position still is to pay the salaries; it still is the position that they are high. We don't want to get involved in a court case. Mr. Maguire: it is our mutual understanding that neither you nor I expected that memo to appear in the newspaper on Thursday. Chairman Kenney: I knew nothing about it. Mr. Maguire to Mr. O'Connell It was your understanding that the warrants for the five administrators would be released, other than the Superintendent's? Mr. O'Connell: My understanding was that it was the intent of the Board. However, the timing of that was a moot question of other members. That warrant was an advance warrant because of the fact that it had changes in it. When final determinations were to be made, it met the deadline. It was my understanding that when the next payroll warrant was drawn, the Board was willing to have the administrative salaries of the other five paid at the 1972 level and it was not willing to authorize that action as far as the Superinten- dent. That was my understanding, as far as the Board's intention. Mr. Maguire: Do you want to make any attempt to clarify? Mr. O'Connell I suggest you ask the Board. Mr. Maguire: It did appear your understanding was not like the Board's and that would have an effect on the school. Chairman Kenney It seems to me if you object to certain things quoted, or to what items, let's have them. The basic con- tention of the Board was they thought the salaries were high; if you don't think they are high, fine. Mr. Maguire: Let me quote from the newspaper "Following a nearly two-hour long executive session Monday evening with School Committee Chairman Maguire and Appropriation Committee members Furash and Mitchell , the Board of Selectmen voted to support the Town Manager." It may sound trivial but I wonder if there wasany opportunity for the Town Manager to correct that. Chairman Kenney I can understand where the reporter for the Minute-man made that mistake, because I went back to the previous meeting, and it was misunderstood. Mr. Maguire: Then that statement is erroneous, and there was ample opportunity on the part of those involved to correct that. 588 Chairman Kenney: You seem to object to how the article in the 111 Globe was written. We didn't have anything to do with that Mr. Maguire to Mr. O'Connell Do you h 've fac ual data that you presented prior to their decision? Mr. O'Connell When it is the desire of the Board of Select- men, I will respond to their request. Mr. Maguire: May we have that memo? Mr. O'Connell: That is up to the Chairman and the Board of Selectmen. Mr. Maguire: May we have that memo? Chairman Kenney The Selectmen will reconsider that request. Mr. Maguire: I think you will find it is the same as the In- terview in the newspaper. Mr. O'Connell I would clarify two points. Your clear impli- cation is that the Town Manager supplied that memo and I want to categorically deny it and want you to approach them. The Town Manager does not control what appears in the Minute-man. He answered questions and resents the innuendoes which you are trying to work Into it. Mr. Maguire Mr. Kenney knows I know it was someone else who did. Mr. O'Connell : With respect to the Committee's desire to know the Town Manager's action, I am going to read a statement. Mr. Maguire: Before you read It, may we have copies? Copies of the Town Manager's statement were given to members of the School Committee. Mr. Maguire: Is there separate information prior to what you have gathered within the last day or two? Mr. O'Connell: There is no information that I have gathered with- in the last day or two. He read the following statement: "I am happy to respond to the request of the Chairman of the School Committee to provide an explanation of the basis of the Town Manager's decision to not approve the first payroll warrant containing the 1972 salary increases of the Superin- tendent and his administrative staff and to refer this matter to the Board of Selectmen. I also welcome the opportunity to correct some of the misinformation that has since been circulated concerning the Town Manager's action. The Town Manager's re- sponsibility includes the requirement that he shall keep the Selectmen and the Appropriation Committee informed as to the financial condition of the Town. He is expected to call to their attention financial matters which he feels have serious problems and which may have a negative impact upon the Town's financial condition. The question which I have raised is that of the salary levels of the administrative organization of the school system. I have not questioned the percentage increase granted to any one position. My action is not based on the question of com- pliance with Federal guidelines, although this question of course exists. I had planned to ask the Comptroller to obtain �8e a ruling on this matter. The Board of Selectmen has since taken this action. I have advised the Board of Selectmen that in my judgement the 1972 salary levels of the school superintendent and the five administrative positions in his office are excessive and not in the best interests of the Town of Lexington. I have called attention to a continuing major Lexington fiscal problem. It is the further escalation of the administrative overhead exemplified not only by this group of six positions costing approximately $166,000 per year, but further illus- trated by the fact that the School Department now has 23 additional positions in excess of $18,000 per year salary. This additional group, which is only the top strata of the School Department's non-teaching organization, costs an addi- tional $484,723 per year currently. This is not the first time that this matter has been brought up. The Town Manager has called attention to this in pre- vious TMMA budget information meetings. In its report to the 1972 Town Meeting, the Appropriation Committee tabulated the distribution of school salaries and called for a re-as- sessment of the salary structure of the School Department. I have also objected to the method used for establishing the administrative salaries except for that of the Superintendent, wherein administrative salary increases are tied to the nego- tiated increases of the teachers. I have called attention to and questioned the appropriateness of the very substantial inequity of the salary levels between the School Department and those of Lexington General Government. To have such an inequity is not in the best interests of the Town of Lexington in my judgement. Based upon these judgements, I have taken the following specific action 1. I have refused to sign the first payroll warrant which con- tained these 1972 salaries which were being made retroactive to February 1 for the Superintendent and to July 1 for the other administrative group and I have recommended that the Board of Selectmen also reject the payroll warrant on that basis 2. I did recommend to the Board of Selectmen that it authorize the payroll warrant be drawn up using the 1971 salaries already in effect. The popular rumor that the Town Manager had held up the school payroll is completely false. 3 I recommended that the Board of Selectmen have an outside professional organization make an evaluation of the school administrative staff positions and recommend an appropriate salary structure. I did not attempt to make any final deter- mination on this matter as the Town Manager. In summary, I would like to emphasize that the Town Manager is required as part of his duty to advise the Board of Selectmen and the Appropriation Committee of the fiscal status of the Town. Further, he is required by law to refer to the Board of Selectmen any payroll which he thinks is of questionable validity, excessive, or not in the best interests of the Town. The Appropriation Committee has already advised the Town Meeting that it considers this matter to be a serious financial problem. The Town Manager has advised the Board that in his judgment the salary system of the School Department is not under control. This matter is now in the hands of the Board of Selectmen." Mr. Maguire: Thank you. The Board has, in fact, released the salaries, including the Superintendent's if the Wage Board agrees. I would like to talk more because it is clear the different values cloud the issue. What, specifically, were the reference points you used that the base points were that high? Chairman Kenney It bothers me because you think the Town Manager. . . . He recommends the way he feels. For reference points, he can quote private industry and you won't agree with him. We won't attempt to persuade you to reevaluate the method of determining, but to ask Mr. O'Connell what his reference points are, ask the taxpayers. You don't have to convince me. Mr. Maguire: By the Town Manager's approach to it, in my opinion it isn't balanced. I would like to see the objective data subsequently the Board used to come to conclusions. Chairman Kenney: Use your data; we didn't set the salaries. We didn't have to determine it, it is these people here. Mr. Maguire: We asked you to come to quantify "excessive" in terms. Mr. O'Connell : I think the Town Manager's judgment has bean explained - especially the word "excessive", which is "too much". Chairman Kenney to Mr. Maguire: Are you about to present? Mr. Maguire. The Selectmen's judgments mean a lot to the School Committee. There are charts here and one reference point is that of the other Superintendents' salaries in Massachusetts, which pay their Superintendents $30,000 or more, Lexington is fifth in the top ten. Of the first six pointed out, the total cumulative ex- perience in their job is less than Dr. Fobert; our primary re- ference point was experience, not numbers. Of the National Suburban School Systems, a group of about 50 suburban so-called lighthouse school systems banded together, Dr. Fobert ranked 28th. We keep an eye on this data; we do not make decisions in a vacuum. The second point made by the Town Manager had not to do with excessive Administrative salaries but that the budget was extremely excessive. I have data I just updated today from the Department of Education on Account 2000, which primarily involves the teachers' salaries; it shows 8 communities that rank above Lexington for ex- penditure per pupil for instruction. Account 1000, administrative account, shows there are 78 communities that rank ahead of Lexington in cost per pupil. Finally, we ought to get into the question of the impropriety. The memo or the interview quoted the Town Manager as saying he felt the method of paying our central office staff was improper. This is 591 Ill the way we do it; it has been with us a long time and it has some merit. The School Committee approved the approach in 1959, and in 1960 the Administrator's Salary Guide became effective. The School Committee did decide, once again, that we would be happy to review this, despite the fact that the net effect was to bring the Admin- istrators' salaries closer to the salaries of the teachers. This approach to Administrators' salaries was not something we dreamed up last night. Chairman Kenney: Our basic contention was the salaries are directly tied into collective bargaining, where those at the bottom get so much and those at the top receive raises automatically. We asked that it be reviewed. Our salaries are reviewed by the Appro- priation Committee and the Town Manager; they are subject to cust, v and they are cut. Mr. Maguire: The question is whether or not there is just com- pensation when you review the Police Chief's salary. I would hope judgment would be made independently whether or not his salary is sufficient. If too low, not to bring other salaries down. He showed a chart on comparison salaries. It is important for you to understand the Superintendent's salary is not on a salary guide. On this chart, it clearly shows that the Superintendent's salary was not high last year. Chairman Kenney This chart shows percentages and it was agreed not to talk percentages. The budetary process goes through a different procedure. Mr. Maguire• I would like to go on record that the statement made (in newspaper article) that a Town employee cannot be given a pay raise of more than 5.5 percent was not correct. According to the wage board guidelines, as long as the overall average salary increase for personnel does not exceed 5.5 percent, there is no limit on the salary increase for any one individual . The concluding statement from IRS was that the individual salary increase of 10 per- cent for the Superintendent of Schools does not violate the wage board guidelines. The Board of Selectmen retired from the joint meeting at 10:35 P.M. A true record, Attest: *f /-� ? Executive Clerk, Selectmen � J A�� 592 SELECTMEN'S MEETING December 11, 1972 A regular meeting of the Board of Selectmen was held in the Selectmen' s Meeting Room on Monday evening, December 11, 1972, at 7 30 P M. Chairman Kenney, Selectmen Bailey, BrOwn, and Busa; Mr. Cohen, Town Counsel; Mr. O'Connell , Town Manager; Mr. McSweeney, Director of Public Works/Engineering; Mrs. Mascetta, Acting Executive Clerk , were present. At 7: 30 p.m. hearing was declared open upon the peti- tion of the New England Telephone Company and Boston Edison N.E T. &T Company for the installation of Guy Wire and Anchor on pole & Boston 400/15 , Burroughs Road. Mr. McCart was present representing Edison the New England Telephone Company and Mr. Pratt, represent- Burroughs ing Boston Edison Company. Road Chairman Kenney stated that notices of the hearing were sent to the petitioners , property owners , abutters as listed on the petitioner' s plan and also filed with the Director of Public Works The following recommendation was submitted by Mr. Coscia, Manager, Public Works/Engineering The Public Works Department has reviewed this request and, due to the fact that there is no visual strain on the pole at this time , the additional guy wire is not needed, therefore , the request should be denied. Another reason for the denial is that East Street will be reconstructed during the summer of 1973 necessitating the relocation of all telephone poles on East Street. Mr McCart: I had no knowledge of this I would re- quest permission to withdraw the petition. Mr Pratt: I wish to withdraw the petition, also. Upon motion by Selectman Bailey, seconded by Selectman Busa, it was unanimously voted to accept the request by the petitioners to withdraw their petition. Mr. Stephen Politi, Chairman of the Youth Advisory Com- mittee , met with the Board seeking direction relative to the Youth procedure to follow and to state that funds are needed for Advisory the printing of a completed investigation report of the acti- Committee vities of the Committee. It is estimated that approximately $800 will be needed for the printing and distribution of this report It is the intent of the Committee to make one copy available to each household, and would like to have this ready for distribution at the same time as the Town Report Mr. O'Connell: This could come under an early 1973 ex-- penditure . )9 Selectman Busa This is my Committee and I know how tl diligently all concerned have been working. I would like g Y to suggest that we have the investigative report printed and slip it into the Town Report and have it distributed this way Chairman Kenney It is understood that the grade and quality of the paper for this report need not be of the same quality as the Town Report, keeping expenses in mind I will request that the Town Manager recommend the place- ment of this expense The Board is willing to include this in the 1973 budget Mr. Politi was directed by the Board to have the Committee complete the report and submit it to the Town Manager Mrs Eleanor H Sullivan, Assistant Town Treasurer, met with the Board to advise them that the Town has re- ceived a check in the amount of $188,624 from General Reve- nue Sharing General The Board expressed pleasure with the receipt of this Revenue money and noted that it is the intent of the Board and the Sharing Town Manager that this be directed towards expenditures Check that will aid in reducing the tax rate, certainly not to increase our mode or style of living. For example , it was indicated that it would help in necessary expenditures such as the completion of the sewer program Mr. O 'Connell presented to the Board for review a Re- quest for Transfer from the Reserve Fund by the School Department, Vocational Education Tuition/Traval Account Transfer #7960 , for the amount of $2,500 There is a current bal- of Fund ance in that account of $4, 321.55 Mr O'Connell explained School that the School Department, under State Law, must provide Depart- transportation to students that supply proof of the need for ment same in order to take advantage of courses that are pro- Account vided at County and State schools . All of this is under the #7960 direction of and determined by the School Department. Motion by Selectman Bailey, seconded by Selectman Busa and unanimously voted to authorize the Chairmanto sign the Request for Transfer from the Reserve Fund for the School Department, Vocational Education Tuition/Travel Account #7960 , in the amount of $2,500. Mr. O'Connell presented to the Board for review a Re- quest for Transfer from the Reserve Fund by the Public Transfer Works Department, Road Machinery Account #5450 , for the of Fund amount of $1,200. There is a current balance in that Public account of $927 Mr O'Connell explained that this is part Works of the $6 ,000 forecast The basic reason that we are short Account on this account this year is that in early 1972 there was #5450 major repair needed on highway equipment which caused an excessive expenditure from this account. )94 Motion by Selectman Bailey, seconded by Selectman Busa and unanimously voted to authorize the Chairman to sign the Request for Transfer from the Reserve Fund for the Public Works Department, Road Machinery Account #5450 , in the amount of $1,200 Mr. O'Connell: There is a vacancy to be filled on the Conservation Commission due to the resignation of Wendy S Conserva- Pease. I nominate Attorney Francis W K Smith, 49 North tion 'Hancock Street He was a former member of this Commission. Commission Chairman Kenney I am pleased to accept this nomina- Appt tion I am sure that he will be an asset to this Commission both as an Attorney and as a former member Motion by Selectman Brown, seconded by Selectman Busa and unanimously voted to appoint Francis W.K Smith, Attorney, to serve as a member on the Conservation Commission, effective immediately, term expiring April 1, 1974 Chairman Kenney read a request from Minister Robert L. Zoerheide of the First Parish Church for permission to hold a Candlelight Carol Sing to begin at the Church and conclude Permission at the Green. This sing will be open to anyone in the com- for use of munity and will start at 7 00 p.m and end at about 7: 30 p.m (Green Motion by Selectman Bailey, seconded by Selectman Brown and unanimously voted to grant permission for use of the Battle Green for a Candlelight Carol Sing on December 17, 1972 at approximately 7:00 p.m. subject to the rules and regulations of the Green Chairmen Kenney advised the Board that Mr Arthur Zobel Gerstenfeld, 10 Field Road, had requested that the Board Dog Com- take action to permanently restrain a dog owned by Mr plaint Hiller Zobel, 79 Robbins Road. His letter noted specific actions of the dog, Harvey Chairman Kenney reported that he had requested a report on the dog from the Board of Health and Mr. Belcastro, the Dog Officer. It is reported that the dog is on record for having bitten Peter Gerstenfeld, but that there was no physician' s report of the bite This evening Mr. Belcastro has assured the Chairman that Harvey has been removed from the Town Chairman Kenney will so advise Mr. 'Gerstenfeld. The Board reviewed a letter received from Miss Judith Complaint of Mintz, 8 Juniper Place, dated December 2 , 1972 , relative Condition at to the unsanitary condition that she observed at the dog Dog Shelter pound in August of this year. A report was submitted by the Dog Officer as requested by the Chairman. Mr . Heustis was present at the meeting and indicated that he had called Miss Mintz and discussed the situation 590 with her pointing out that this is only a dog shelter. There has been work done to improve the sanitary conditions at the shelter, and improvements made to winterize the facility Miss Mintz will be advised by the Chairman that a new facility, a dog pound, is being contemplated. The Town Mana- ger, with the assistance of the Director of Public Works, has been requested to submit an estimated cost for the new dog pound to be submitted at the next Annual Town Meeting Chairman Kenney The Board has received notice from Commissioner Metaxas, Department of Corporations and Taxa- tion, that, to comply with the provisions of Section 35 of Chapter 41 of the General Laws , faithful performance Bonds Indemnity were necessary for the Town Treasurer, Town Collector of Bonds, Taxes and the Town Clerk. Town It was moved by Selectman Bailey, seconded by Selectman officials Busa and unanimously voted to certify the 1973 amount of in- demnity bonds to comply with General Laws as follows Town Treasurer, $120 ,500 ; Town Collector of Taxes , $127 , 700 ; Town Clerk, $2 ,900. The Board reviewed the following requests for Certifi- cate of Incorporation Malcolm BarSamian 6 Allen Street "Oriental Rug Dealers Association of Massachusetts, Inc " David McGovern 2209 Massachusetts Avenue John F. Nolan 4 Grimes Road Cert. of "Design Research Unit, Inc. " Incorp. Police Chief Corr reported that his investigation shows no reason why the following should not approve these appli- cations. It was moved by Selectman Bailey, seconded by Selectman Brown and unanimously voted to certify the characters of the following who have applied for Certificates of Incorporation Malcolm Barsamian 6 Allen Street "Oriental Rug Dealers Association of Massachusetts, Inc. " To be located in Boston David McGovern 2209 Massachusetts Avenue John F. Nolan 4 Grimes Road "Design Research Unit, Inc. " To be located in Boston Mr. William Haas, General Manager of the Sheraton Lexing- ton Motor Inn, Mr. William Cody, Regional Director of Opera- Sheraton tions and Mr. John P Dunfey, President, met with the Board Motor Inn relative to the Entertainment License required under General Entertain Laws, C.140 , s .183A, a request for extension of hours on ment License 9 Sunday, December 31 , 1972, New Year's Eve, until 1 00 A.M. and a general extension of hours of operation from 11:00 P M to 1 00 A M Chairman Kenney Are there any questions from the Board relative to the Entertainment License. This license is to cover six days, Sundays excluded This license will be accompanied by a letter relative to entertainment pro- vided on Sundays by private parties. Motion by Selectman Busa, seconded by Selectman Bailey and unanimously voted to grant the Entertainment License for a fee of $5 , with a covering letter enclosed, as follows: "Entertainment to range from single performers to full or- chestra playing music in both traditional and contemporary styles 6 Day License-Sundays Excluded." It is understood that entertainment for private functions does not require a license as it is not provided by your establishment. Mr. Haas We would appreciate consideration to the ex- tension of hours on Friday and Saturday nights to midnight. Many of our guests have their meals late Our operation is so that we do not have weak days, so to speak, and we would like to satisfy the requests of our guests Mr Dunfey We are trying to provide more suitable accommodations which would involve longer hours We do want to upgrade our business I am really trying to be responsive to the demands of the guests and the townspeople Sheridan Mr Cody Our business now is so competitive . We must Motor Inn do a seven day week business to maintain consistence in our ,Extension staff In serving our guests, it is important to maintain of Hours a trained staff Chairman Kenney: If we were to grant an extension of hours, it must be understood that kitchen food services will also have to be extended. Selectman Bailey: I find conflict in what you said in your letter and word that has come back to me At this time I feel no objection to changing the present hours to mid- night on weekends Selectman Busa I would not like to see this become a hangout and a common drinking place If it is operated as it is now, I would not be against granting an extension of one hour It was moved by Selectman Bailey, seconded by Selectman Brown to grant the extension of hours to serve liquor until 12:00 midnight, seven days per week, effective January 1, 1973 with the understanding that food service be also extended to midnight It is noted by the Chairman that this is an annual license and is subject to review annually. 59"41 Motion by Selectman Bailey, seconded by Selectman Busa and unanimous- Sheridan unanimous- ly voted to grant permission to the Sheradan Lexington Motor Inn for an Motor Inn extension of hours until 1 00 A.M. , Sunday, December 31 , 1972. N.Y. 'S Eve Upon motion by Selectman Busa, seconded by Selectman Brown, it was voted to go into Executive Session for the purpose of discussing, delib- Executive erating or voting on matters which, if made public, might adversely Session affect 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 go out of Executive Session and resume the open meeting. Mr. E. Warren Butters, Cheirman of the Historical Society, Mr. Louis DeNapoli and Mr. Robert Cataldo met with the Board to discuss the condition of Buckman Tavern. ,Mr. Butters Just to refresh your memories, Buckman Tavern was built in 1709-10 and is a National Historical Landmark. Over the years there have been many changes and additions on the original structure. At the time that the shed was added, the Society maintained the build- ing. When it was voted that a survey be taken to study the condition of the structure,th.Board agreed to pay for same. Mr. Cataldo was, at that time, available to offer his assistance and guidance; he is still doing so. The structural condition of the Tavern presents us with a mutual problem, that is, the Society and the Town. One of our Buckman members is exploring the possibility of receiving Federal or State aid Tavern for this major renovation. Mr. DiNapoli I have a color-coded diagram prepared by Mr. Murehead that will be most helpful in explaining the problem areas. The investigation shows serious conditions in the girders and beams. It also shows an infested condition with beetles and grubs. The building is in a very serious condition. The present condition is basically due to a combination of all makeshift repair work that has been done in the past. The entire attic floor should be stripped of its contents and closed to the public. Some areas of the roof are in serious condition. Repairs in the past were done with little thought given to the complete structure. Mr. Cataldo The Committee has checked every board in the build- ing, from the foundation up. There has been approximately $12,000 spent on plans so far. The question now is, where do we go from here. The heating system needs to be replaced, complete rewiring is necessary. I recommend that you request a transfer of funds then ask for necessary money at March Town Meeting so that we could commence construction work in March until June. Major construction could then be considered to commence in October through the winter. Based on what the Board feels should be accomplished, I will advise that $10,000 is needed to draw plans just to be ready to go to bid. It is our recommendation to have Mr. Murehead be the man to do this job, restoration of buildings 4s his specific field. The next step is under your direction. Mr. Butters I need not say that the Bicentennial Celebration is approaching. I feel that it would be desirous to have as much work as 59S possible completed on the Buckman Tavern before then. The 1965 survey indicated need for repair from the floor up. Work was done and up to the second level the building is now structurally good. Mr. Cataldo If the building is not made tight this year, the prob- lems will be compounded. Very soon the building will have to be closed. Chairman Kenney The Board is very cognizant of the fact that this is a problem, and that it is top priority. We would be remiss if we did not put this before Town Meeting to request monies needed to make neces- sary repairs. The request for transfer will be prepared to be acted on at the next meeting of the Board. Mr. Cataldo: Consideration must be given to available space for storing contents of the Buckman Tavern during renovation and repair. Mr. O'Connell I will check this out and prepare the necessary re- quest for transfer of funds. Chairman Kenney read a request from Mary R. McDonough, Town Clerk, that the Board eliminate the precinct registrations prior to the Annual Precinct Town Election and that all registrations be held at the Town Clerk's Registra- office in the Town Office Building. tions it was moved by Selectman Bailey, seconded by Selectman Busa and unanimously voted to _approve the request of the Town Clerk to eliminate the precinct registrations prior to the Annual Town Election and that all registrations be held at the Town Clerk's office, in accordance with Chapter 238 of the Acts of 1967, amendment to Chapter 236. Request of Chairman Kenney advised the Board of the notice from Arthur W. , State Brownell , Commissioner of the Division of Forests and Parks, that it is Division required by General Law that Lexington appropriate $7,569 for Insect of For- Pest Control and $17,570 for Dutch Elm Disease Control. ests & The Board agreed to meet the requirement, and Mr. Brownell will be Parks so advised. Chairman Kenney read a report submitted by Mr. McSweeney, Director Sewer of Public Works/Engineering, as follows Betterment Pursuant to a letter received by the Board of Selectmen dated Deferment November 20, 1972 from Mr. Arnold L. Abrams, President, Five Fields, inc. Five requesting clarification of two points regarding their sewer abatement Fields in the Five Fields Area, I submit the following Inc. Point one Makes reference to non-profit organizations being exempt from real estate taxes. Mr. Abrams must feel that under Chapter 180 of the General Laws, Five Fields, Inc. is a non-profit organization. There are other such organizations and corporations in town that provide the same type of recreational facilities as Five Fields, Inc. and they pay their proportionate share of real estate tax, however, we would refer this question to the Board of Assessors for their opinion on this matter. Point two Makes reference to abating the amount of $300.60 for the frontage the corporation owns on Concord Avenue. This department hes to take the view of what the future potentia F of this parcel is and how it could be utilized All street frontages where sewer is made available 59 are assessed. As stated in our memorandum of October 19, 1972, this is III a buildable parcel under present zoning. Therefore, it is the feeling of this department that this property has been fairly assessed. After consideration of the details submitted by Mr McSweeney, it was moved by Selectman Bailey, seconded by Selectman Brown and unani- mously voted to defer the sewer betterment which Ls assessed on Concord Avenue in the amount of $300.60 for a period of three years, without interest. This deferment will terminate immediately if the land or any portion thereof it further developed or sold. It was moved by Selectman Busa, seconded by Selectman Brown and unanimously voted to approve the minutes of the open meetings of Minutes November 6 and 20, 1972. Chairman Kenney was pleased to report that he had met with the Board of Trustees of the Metropolitan State Hospital and that they had Metropolitan agreed to convey to the Town a portion of their land for conservation State Hosp. purposes He advised the Board that Representative Cole has filed the Land to Town necessary bill that will allow the Hospital to convey this parcel of land. The bill will be amended as necessary as more detailed informa- tion on particulars become available. The Conservation Commission will be so informed. The Board received a request from Kingston L. Howard, Chairman of the Bicentennial Committee for use of the Lincoln Street site for the erection of a tent to seat 1 ,000, air conditioned and heated, by the Ill New England Regional Opera Company for the presentation of three or four evening performances each week from May through October in 1975. Mr Cohen submitted his comments on the request as requested by the Board. The informative opinion included that legally the use of Request by the Lincoln Street site is permissible but would require a special per- Bicentennial mit under the Zoning By-Law, and parking facilities of some permanent Committee nature could raise a number of legal issues with respect to zoning, Lincoln St. use of park land, appropriations, etc. Site The Town Manager submitted a memorandum with suggestions for con- sideration. The New England Regional Opera Company should be encour- aged and offered assistance but specific commitment of the Lincoln St. site should be avoided Alternate sites should be considered that could offer better parking and better access for such a function as this Mr O'Connell also suggested that the simple way to treat all these requests would be to direct applicants to him, as many will become town- sponsored events. Operating components are to be considered; parking will be a major consideration. The Board agreed that the final determination of sites for major events be approved by the Town Manager, with the assistance of his other operating personnel Mr Howard will be advised to encourage the New England Regional Opera Company' s proposal and when the particular re- quirements are better known, they should be referred to the Town Manager in order that the most appropriate site be selected. It was moved by Selectman Brown, seconded by Selectman Bailey, and voted that the renewal of Alcoholic Beverages Licenses for 1973 be Licenses signed, as follows (Selectman Busa abstained from voting) Renewed 600 Package Goods Stores Busa Bros Liquor, Inc. 131 Massachusetts Ave. Berman' s Market, Inc. 55 Massachusetts Ave. Package Vinebrook Corp 1700 Massachusetts Ave. Goods Lexington Liquor Mart, Inc. 58 Bedford St. Stores Joseph Trani, Inc. 1775 Massachusetts Ave. Restau- Restaurant kant Lexington Enterprises, Inc. 27 Waltham St. Clubs Clubs K of C Council No 94 177 Bedford St. Lexington Order of Elks 959 Waltham St. Spring Chairman Kenney: The Board has scheduled, through the ' Street Department of Public Works , a meeting on Wednesday evening, Hearing December 13, 1972 at 7: 30 P M at Cary Hall, for the presenta- 12-13-72 tion of three design schemes for the reconstruction of Spring Street to the residents of that area. Chairman Kenney advised the Board that a response has been Street received from the Planning Board relative to their opinion about Light street light design for Fairfield and Brookwood Drives. The Style Planning Board concurs with the Design Advisory Committee 's ;Request opinion that Boston Edison's "contemporary street light is not Denied suitable for general use as a standard residential lighting fixture " Upon review of available information, it was moved by Selectman Bailey, seconded by Selectman Busa and unanimously voted to accept the recommendation of the Planning Board and the Design Advisory Committee and not grant the request for installation of Country style street lights on Fairfield Drive and Brookwood Drive At 10 08 P.M. , it was moved by Selectman Busa, seconded by Selectman Bailey and unanimously voted that this meeting be adjourned Acting Executive Clerk, Selectmen I 1 SELECTMEN' S MEETING December 18, 1972 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday evening, December 18, 1972, at 7 30 P.M Chairman Kenney, Messrs. Bailey, Busa and Brown; Mr. O 'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present. Mr. O 'Connell informed the Board that the contract between the Town and the Department of Public Works is ready for joint signatures. He introduced James H Graham, President, and James M. McLaughlin, Secretary, of Local 1703, American Federa- tion of State, County and Municipal Employees, AFL-CIO, State Council No. 41 , and John H. Danielson, Representative of State Council No. 41, who will sign for the Union. DPW Upon motion duly made and seconded, it was voted to sign Union the agreement between the Town of Lexington and the American Federation of State, County and Municipal Employees, AFL-CIO, Mass. State Council 641, Local #1703, for the period of April 1, 1972 to March 31, 1974. Chairman Kenney: In general, we are very pleased to sign the contract and look forward to the next two years of mutual association Mr Danielson It was a pleasure to sit down with all the people involved and I have never seen a problem that couldn' t be resolved by sitting down with Mr Busa and Mr. O 'Connell Mr. O 'Connell informed the Board that a letter has been received from the Department of the Treasury, IRS District School Director Williams , replying to Mr Perry and covering the ruling Supt. ' s on the matter of the School Superintendent' s salary, as follows Salary "This letter is in response to your correspondence of 1 Dec ember 6 , 1972 in which you requested a determination con- cerning the appropriate employee unit to which the Superin- tendent of Schools belongs In your letter you state that the "Superintendent' s salary has traditionally been voted separately by the School Committee" You also indicate that the Superintendent' s pay raises generally take effect on February 1, as opposed to the September 1 date for other School personnel. 111 2 Selectmen's Meeting December 18, 1972 Based upon the information furnished, it is the determination of this office that the Superintendent's position constitutes a separate appro- priate employee unit, within the intent of 6 CFR 201 .2, and is not part of a unit containing other employees of the School Department. According to the regulations, the maximum permissible wage and salary increase for an appropriate employee unit is 5.5%. Therefore, a 10% salary increment for the Superintendent would be in excess of the general standard and is not allowable. This letter supersedes any prior correspondence from this office pertaining to this matter. The regulations require you to notify immediately all other persons affected by this decision. Your notification should include the nature of the decision, the date of service, and information about the avail- ability for inspection of this decision. If an appropriate employee unit not represented by a collective bargaining agent is affected by this decision, your notification must be posted at the job site for 30 consecutive days after service. However, if the persons affected in- clude an employer, employer association, or collective bargaining agent of an employee unit, your notification should be mailed or hand-delivered. If you do not agree with our decision, you have the right to appeal. The enclosed notice explains appeals procedures. Your appeal and any additional information you would like us to consider should be submitted within 30 days from the date this letter is served on you." Chairman Kenney: There is a possibility that we will be requested to make an appeal. We will wait for further information. Mr. O'Connell informed the Board that we have received settlement of High $46,744 for the High School fire loss on March 2, 1971. There was a School $1 ,200 deductible and $47,944 represents the actual full cost of building Fire repair and replacement of materials destroyed. Insurance We have received a dividend of $4,979 which represents a participa- tion dividend applicable to the 1971 policy. Due to the efforts of Mr. Stolz of Brewer d Lord, we will receive a refund of $1 ,236 for correction of a classification error. The E & D fund will have received credit of over $50,000 on insurance matters. Mr. O'Connell requested the Board to approve the following transfers Transfer $50 to Account No. 1550 - Board of Appeals as advertising expenses Board of were more than anticipated. Appeals Upon motion duly made and seconded, it was voted to request the Appro- priation Committee for a transfer from E & D to Account No. 1550 in the amount of $50. 1 3 Selectmen's Meeting December 18, 1972 III $1 ,500 to Account No. 1090 - Professional Services to cover the cost of planning service of Charles Downe per contract arrangement during the Transfer period we were without a Planning Director. A new Planning Director has Professional been hired as of December 15; Mr. Downe's services would terminate on Services December 31 , 1972. This interim arrangement of using the services of a consultant on a schedule of 11/2 days per week will have cost the Town approximately $5,000 for 6 months' services. The offset represented by savings of Planning Director's salary is about $9,000. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from E & D to Account No. 1090 in the amount of $1 ,500. $1 ,000 to Account No. 1125 - Police and Fire Medical . Alt of the expenses to date have been for medical services due to injuries. There Transfer have been two serious and many minor injuries this year. We estimate Police and another $200 for bills in process, plus December needs. The balance Fire available for physical examinations would be $538 and there is an out- Medical standing bill for Police Department physicals for about $750. When it was decided in 1972 to have annual examinations, we budgeted approximately $1 ,300 to do one-half of the Fire Department men, and we are now ready to go forward. This is part of our agreement with the Union. The estimated cost of a routine examination for 15 men at $20 is $300; examination for those over age 40 for 13 men at $50 is $650; total of $950. Chairman Kenney Will the examinations be done this year? Mr. O'Connell Yes. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer to Account No. 1125 - Police and Fire Medical , in the amount of $1 ,000. $2,000 to Account No. 5700 - Sewer Maintenance to pay for additional expenses that were incurred in the operation of the North Lexington Pump- Transfer ing Station and to repair the major breakdowns at Constitution and Sewer Worthen Road Pumping Station. It was agreed with the Appropriation Com- Maintenance mittee to submit the bills as they are received, and the bills are for utilities. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer to Account No. 5700 - Sewer Maintenance, in the amount of $2,000. Mr. Roland B. Greeley, Chairman, and Mr. Malcolm E. Graf of the Street and Sidewalk Design Advisory Committee met with the Board. Mr. Greeley read the following report from the Committee on the reconstruction of Spring Street Spring St. Reconstruc- "Following evaluation of the evidence submitted at the three Infor- tion mation Meetings and in the Questionnaires, and after careful study of the 3 alternative schemes submitted by the Town Engineer, we submit the follow- ing recommendations 4 Selectmen's Meeting December 18, 1972 I) That Spring Street be reconstructed with a roadway width of 24' , substantially as shown in Scheme B; 2) That there be a sidewalk on the odd-numbered side of the street, with a grass-strip between the sidewalk and the roadway pave- ment, except in relatively few places' where it may be desirable to bring the sidewalk out to the roadway to save significant trees. We are prepared to discuss specific changes inAalign- ment at the appropriate time; but we suggest more careful engineering study of this problem before final decisions are made; 3) That sloping curbing be provided throughout -- probably granite block set at a 45-degree angle; 4) That the Town implement an imaginative program of tree-planting along the street, especially where trees will have been removed, 5) That there be formal recognition, from the outset, that the Town intends to prohibit parking at the curb, on both sides of the Street, at least during morning and late afternoon rush hours; 6) That assessment of betterments for the cost of the sidewalk be levied against abutters on both sides of the Street; or, if that appears infeasible, that there be no betterments assessed. We recommend against the expedient of so-called Scheme D -- that is settling for simple re-surfacing at this time. This would merely post- pone all the basic decision problems, with the high probability of causing similar distress 5 to 6 years hence, and with a continuation of unsatisfactory continuation of storm-drainage, erosion, pedestrian safety, ' informal ' parking, and (probably) maintenance problems in the meantime." Mr Bailey Then you like a 24 ft pavement. Mr. Greeley It is highly debatable whether it would be safer with a 30 ft. pavement, a narrow street will sufficiently inhibit speed. As you know, the residents feel strongly that a narrow pavement would reduce traffic speed at the narrow width . Assuming there were a wider width, there would be parking on one side Mr Bailey Does your committee have any opinion on the cost ef- fect, which is something like $200,000 All we are going to buy for that, fundamentally, is a sidewalk, better storm drainage, elimination of former parking, and maintenance Does this look like an effective cost? Mr Greeley I don't like the way you state it The street will carry heavy traffic You should build the street right Mr Bailey It is silly to put $200,000 on a 24 ft. pavement and end up with the same thing 6 e7 Selectmen's Meeting December 18, 1972 Ill Mr. Greeley Not in our estimation. I am very much persuaded by the psychology of the driving habits of people coming off the ex- pressway and you would have the situation of it being wide enough for a drag strip. A narrower width would at least be conducive to safety. Mr. Buse I just can't grasp your theory. If this is so, I would rather give them a wider road than funnel them into a narrow road. Braking creates hazards. Mr Greeley I realize your argument but the width of the pave- ment is one of the minor factors. There are things like sub-grading, handling of drainage, etc. , that total up to what we mean by doing it right. Mr. Brown How long would it last to build it right? Mr. McSweeney I would say you would expect to get 10 years out of the pavement; you could get three layers in there and you could get 30 or 40' years out of it. Mr. Brown If you resurface it, we would have to go back again to build it right. Mr. McSweeney I agree with M . Greeley to build it right. Mr. Greeley To resurface it now, it would have to have signifi- cant attention in 5 years. Maybe the standard$ for Chapter 90 will have changed in 5 years. Chairman Kenney We have received a petition signed by 50 residents of Spring Street, stating "We the undersigned support the following recommendations for Spring Street I . Resurface the roadway and make the necesssry alterations for drainage. 2. Repair the drainage system where there are major problems. 3. Construct a sidewalk, on the odd-numbered side of the street, that avoids the trees and is away from the roadway wherever possible. 4. 'Lexington' berm curbing only where necessary." Chairman Kenney If we were going for Scheme D, which is just for resurfacing, item I would cover this, we would do minimal drainage; we would consider this an application for a sidewalk and they would be considered along with the others, there wouldn't be much curbing. This petition has come in and would be more than the $15,000 we talked about for Spring Street. They knew $15,000 included no sidewalk. What would it cost to resurface and correct several major drainage problems? Mr. McSweeney The best estimate is about $25,000 to $30,000, including some berm to stop erosion coming down Hudson Road. Chairman Kenney The Board has to look at, in essence, $200,000 III on the tax rate. This project doesn't have priority on our capital expenditures. We would do a reasonable cleanup job and see what happens on our major efforts under Chapter 90, perhaps we would then rebuild it. Selectmen's Meeting December 18, 1972 Chairman Kenney to Mr Greeley Is your committee unanimous in III its recommendations? Mr. Greeley Yes. You think it is inadvisable to spehd this much money for improving it with a 24 ft. pavement, you would come to the same conclusion with a 30 ft. pavement. Chairman Kenney If we had to pay for it? I can't see the Town spending $200,000 at this time on Spring Street. We are rapidly ap- proaching the end of having any street in this Town under Chapter 90. Mr. Greeley We are going to stop improving the street until the County improves its standards. Chairman Kenney I agree. Mr. Graf I wonder how long it will be until people dictate. how wide the street is to be? Sooner or later, by bending these two standards . . . . where do you stop bending? Chairman Kenney Good question. Somebody has very different points of view; namely, your committee and state standards. Mr. Greeley I think we should make a formal presentation to the state on standards. It is desirable to make an overt effort to get the state standards changed. Cbai:rman Kenney That is a good suggestion. Is it the consensus of the Board to resurface Spring Street? The Board agreed. Mr. McSweeney We can include it under resurfacing and also in- clude minimal drainage. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to include, in the budget, improvements on Spring Street of resurfacing and minimal drainage; not to exceed $25,000. Chairman Kenney We can go to Commissioner Campbell and request Chapter 90 that he re-examine the criteria for Chapter 90. Standards Mr. O'Connell The State would listen more if we asked for a new category for streets, not to change the 30 ft. standards but as it would apply for a neighborhood street that has to carry through- traffic. To see if they would recognize that as a new category under Chapter 90, with different standards. The Board agreed to approach Commissioner Campbell on a new category under Chapter 90. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. Selectmen's Meeting December 18, 1972 The Appropriation Committee, Mr. Butters, President of the Histor- ical Society, Mr. Cataldo and Mr. DiNapoli met with the Board to discuss repairs to Buckman Tavern. Chairman Kenney We have heard your presentation to us on the Buckman Tavern and have looked at the timetable involved to appropriate money and a method of transfer in order to be ready for a construction- type article for 1973 that would be a feasible one. Mr. Furash How much money are you talking? Mr. O'Connell I have used the figure of $8,500, $5,000 for Mr. Muirhead's services; $3,000 for services of the Engineering Design Group, $500 for construction bid expenses. This money would cover anticipated costs of professional services to complete the engineel-ing plans and specifications for renovation of Buckman Tavern above the foundation level. A survey conducted by Mr. Muirhead with Mr DiNapoli of the Engineering Design Group confirms the need for major replacement of the buildings, framework and roof, together with considerable in- terior framing replacement. Replacement of the hearing system may be necessary. A very preliminary estimate of probable reconstruction cost is $100,000. The project would be eligible for consideration of 50 percent matching Federal funds under the HUD open space program. If authorized by Town Meeting, application for matching funds to cover Buckman design and construction (but possibly not preservation) would be made Tavern in May, 1973. Funding, if approved, would be made in the fall of 1973. Repairs Mr. Furash Do you plan to use an architect on this? Mr. O'Connell We plan to pick up where the Historical Society left off. They used Mr. Muirhead and he would work with the Engineer- ing Design Group. From this, the result would be that they produce a set of plans and Mr. Muirhead would prepare the specifications. Mr. Furash Whose responsibility would it be? Mr. O'Connell If it is the responsibility of the Town Manager, I would suggest to the Historical Society to have a committee and we would handle the contract. Mr. Furash Does this not fall under the Permanent Building Committee? Mr. O'Connell I would say no. Chairman Kenney We discussed this last week and the answer is no. Mr. O'Connell: If we get competent people .... Mr. Furash The purpose is to have the building restored. I am talking about appearance in relation to Town Meeting, and the subject which is near and dear to their hearts is the Permanent Building Com- mittee; if they want to sign off I think the matter ought to be dealt with as soon as possible. Mr. O'Connell I would bring you up to date on Federal funds. We discussed the possibility of whether the Historical Society could use Federal funds. There are sources of money available via the National Park Services, which gets $30,000 to $40,000 annually, but S Selectmen's Meeting December 18, 1972 applications are in excess of $100,000, so we would have to forget it. There is another one through HUD via open space; it is a block-grant program and has $3 M. per year for Massachusetts and Rhode Island funding; however, all are 1972 allocated and the next one is for July, 1973 for applications in Massachusetts. The earliest funding date would be in the fall of 1973. Any work done prior to that would not be eligible for matching funds. As Mr Cataldo has said, preservation work might have to be separate; only design can be re- imbursed after the fact. If we were successful , we would get 50 percent of design money. Mr. Furash Our committee sees no problem, considering the fact that this is an extraordinary and unforeseen event. We would encourage reimbursement to come under the law to maintain a site of national interest but it is not inconsistent for the Town to main- tain it because of historical origin in Lexington. The only thing that remains in our minds is the way the project is engineered should be clearly understood. If you can work it out to the satis- faction of the parties involved to get it done historically and properly, we see no problem. Chairman Kenney We could forward our request for the transfer to you and talk with the Chairman of the Permanent Building Committee; at that point, make a decision on which way to go. Mr. O'Connell The Permanent Building Committee is going to be rather busy and we should augment the committee and use the agency of the Historical Society. Mr. Furash We think it ought to be worked out concurrently with the funding. Mr. O'Connell We are a little in the dark about the money. Mr. Furash Your current estimate is $100,000 and your request to us is a transfer of $8,500. Mr. O'Connell We haven't much to say that is a very solid figure. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from E & D to Account 1090- Professional Services, in the amount of $8,500. The- Board agreed that Mr. O'Connell is tobring the request for transfer of $8,500 to the Appropriation Committee this evening Mr. Furash requested the Board to consider putting an Article in the Warrant to change the date of Town Meeting. Arti.cie Chairman Kenney I think it would be premature as I feel you Town Meeting need somebody to look into it. Date Change Mr. Furash We request that you consider whether you want to put an Article in to study. The Board agreed. The Appropriation Committee retired from the meeting. I 9 Selectmen's Meeting December 18, 1972 The Board' discussed the change from six to nine precincts in the Town. It was agreed to notify each voter of his proper precinct and Re- voting place in the Town. Precincting Mr. O'Connell agreed to prepare theP urchase order to encumber Notification Account 1900, Selectmen's Elections Account, to M. Stieffel Asso- to Voters ciates, Chelmsford, to cover the cost of supplying, printing and addressing approximately 19,000 Lexington precinct notification post- cards, with a total price not to exceed $2,500, including postage. Chairman Kenney informed the Board that a request has been re- ceived from the Bicentennial Committee to appoint Stephen Politi a member and Vice Chairman of the Committee, also to appoint Mark Appointments Nichipor an ad hoc member of the Committee representing the youth of Bicentennial the Town. Committee Upon motion duly made and seconded, it was voted to appoint Stephen Politi a member of the Lexington Bicentennial Committee, and to appoint Mark Nichipor an ad hoc member of the Lexington Bicenten- nial Committee representing the youth of the Town. Chairman Kenney read a request from E. Conrad Levy for a drain connection to II Constitution Road on the property owned by James J. Myers. It is proposed to connect three pipes that pick up a periph- eral foundation drain at the above-mentioned address and discharge these collective waters into a catch basin. These pipes are exposed at the apron of the garage and presently discharge over an "as yet" unpaved driveway into the road. The uplands to the rear of these Myers premises continually discharge water over the surface and through Drain the water table into the foundation area. The house is properly Connection connected to the sanitary sewer in the road and these waters are in no way contaminated from this dwelling. We request authorization to proceed with this plan. A report from the Director of Public Works was read stating that the plans have been reviewed and it is felt that this method should help eliminate Mr. Myers' drainage condition. The Town has experi- enced icing conditions in the roadway in this area caused by runoff from the hill behind the Myers' property and this connection may help relieve a portion of this problem. It is recommended that Mr. Myers be granted permission to connect the proposed drain into the existing catch basin, subject to conditions. Upon motion duly made and seconded, it was voted to grant per- mission to James J. Myers, II Constitution Road, to connect the proposed drain into the existing catch basin, subject to the follow- ing conditions Cl) Mr. Myers is to contract with one of the contractors from our approved drain layers list. Selectmen's Meeting December 18, 1972 (2) All necessary permits are to be acquired prior to commence- ment of work. (3) That the work conform to the standard specifications of the Town of Lexington Engineering Department. Chairman Kenney read a request from Joseph E. Trodella for an extension of the water main to service Lot #7 Ridge Road. Trodella A report from the Director of Public Works/Engineering was Water read, stating that since the previous water main appropriations Connection have been expended, and anticipated 1973 funds have been allocated to the Highland Avenue area, we recommend that the developer investi- gate alternative methods of servicing the lot. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering, and to inform Mr. Trodella that he may reapply in 1974 if he so desires. Chairman Kenney read a letter from Louis Ricci of Ricci Bros. Inc. , 609 Waltham Street, stating that he had received the sewer Ricci betterment assessment of $932. 16 for Lot 15, Assessors Map 5, Sewer Waltham Street. In regard to the sewer line and where we are located Assessment it is impossible for us to hook onto that line. We feel at this time that when our land is ever to be developed, which would be some time yet, then and only then we would be able to take advantage of the sewer line. Upon motion duly made and seconded, it was voted to defer pay- ment of the sewer betterment assessment Of $932. 16 against property owned by Louis, Joseph, Fred and Charles M. Ricci , Tenants in Common and located on Lot 15, Assessors' Map 5, Waltham Street, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, which- ever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold. Upon motion duly made and seconded, it was voted to sign the following licenses: Common Victualler Common Arno Associates 32.1 Woburn Street Victualler Geoffory's Pharmacy 411 Waltham Street Licenses Howard Johnson's Route 128 Lexington Enterprises (Peking Gardens) 27 Waltham Street Old Lexington Restaurant (Mario's) 1753 Massachusetts Ave. Minute Man Restaurant 1715 Massachusetts Ave. Pine Meadows Golf Club Cedar Street it 11 Selectmen's Meeting December 18, 1972 Take Home Foods of Lexington 211 Massachusetts Ave Woodhaven Country Store 424 Marrett Road Brigham's 1775 Massachusetts Ave. Buttricks 34 Bedford Street Friendly's 66 Bedford Street Innholder liquor License RHD Realty & Development Corporation 1720 Massachusetts Ave. (Battle Green Inn) Hours: Weekdays from II 00 A.M. to II 00 P.M.; Sundays from 100 P.M. Liquor- Licenses to II 00 P.M. as long as dining room is open but not later than 11 00 P.M. The Dunfey Corporation d/b/a 727 Marrett Road Sheraton Lexington Motor Inn Hours II 00 A.M. to 12 00 M. 7 days a week as long as dining roan is open but not later than 12 00 M. Chairman Kenney informed the Board that Bamboo Gardens, Inc., formerly the Bamboo Hut, wishes to open this week. The Board of Health recommends that the license be granted subject to final in- spection and approval by them. The hours for the Bamboo Hut were Common for 100 A.M. closing. Victualler Mr. Busa Bring them back down to 12 00 M. and, if there are Bamboo no complaints, we can review it. Gardens Upon motion duly made and seconded, it was voted to sign the Common Victualler license for the Bamboo Garden, Inc. , subject to final inspection and approval by the Board of Health, and including the stipulation that the hours of operation cease at 12 00 Midnight. Chairman Kenney read a letter from the Executive Committee of the Town Meeting Members Association making a formal request to place TMMA an Article in the Warrant "To permit a poll of the meeting at the re,T Article quest of less than the majority of members present." We would like a ruling on whether the Selectmen will take this By-Law change under their sponsorship or whether they would prefer this to come into their hands as a citizens' article. The Board agreed to inform TMMA that it should be submitted as a citizens' article. Chairman Kenney read a memo from Selectman Brown stating that he Route 2 had attended a meeting on December 15 in DPW Commissioner Bruce Environ- Campbell 's office to discuss the, Draft Environmental Impact Statement mental for Route 2. The meeting was attended by representatives from the Impact Boards of Selectmen of Acton, Concord, Lexington, and Bedford, along AL2 Selectmen's Meeting December 18, 1972 with such agencies as the Mass. Port Authority, Hanscom Field, SILC, and the Minute Man National Historic Park. Commissioner Campbell made comments on the material received from each town and requested further information in those cases where towns had not supplied all the information that Mr. Campbell wished. Directing his specific comment to Lexington; he made three requests 1. He wished a report from the Planning Board stating their position on the whole feeder road concept from Routes 4 and 225 to the interchange of Routes 2 and 128 including the relocation of Route 2A and Massachusetts Avenue exten- sion about which they have already commented. 2. Hartwell Avenue Connector He suggested that a meeting be arranged between the State DPW, SILC and the Town of Lexington representative. 3. He wished to be informed on Lexington's view on the Red Line extension to Route 128 and the impact of Route 2 on plan. The Board agreed to write to Commissioner Campbell informing him that the Board will assemble the information he has requested and will forward it to him as soon as possible. Upon motion duly made and seconded, it was voted to adjourn at 10 10 P.M. A true record, Attest JExecutive Clerk Selec I 13 SELECTMEN'S MEETING December 26, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Tuesday, December 26, 1972, at 7 30 P.M. Chairman Kenney, Messrs. Bailey, Busa and Brown, Mr. O'Connell , Town Manager, Mr. Cohen, Town Counsel, Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Ekecutive Clerk, were present. At the request of the Town Clerk, six jurors were drawn as follows Jacob G. Hiscock 533 Marrett Road Jurors Raymond C. Block I Whitman Circle Kenneth A. Hall 29 Nickerson Road Edward J. Stande, Jr. 6 Colony Road Ann Scolaro 5 Bruce Road Mr. O'Connell recommended that two transfer requests;be approved. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from E d D to Account 5450-Road Machinery, in the amount of $1 ,300 to cover bills for repair parts. Upon motion duly made and seconded, it was voted to request the Transfers Appropriation Committee for a transfer from E & D to Account 5850- Sanitary Landfill in the amount of $5,000 for additional fill to meet the State requirements. Mr. O'Connell discussed the repairs to Buckman Tavern and said that the transfer of $8,500 for design work has been approved and the question now comes on the project responsibility. I have talked with the Permanent Building Committee and they are willing to take on the Buckman job, and they should. They have suggested that Mr. Butters and Mr. Tavern Cataldo be on the Buckman Tavern Reconstruction Committee. Mr. Cohen Mr. Perry said that last time the funds for repairs were by a special act of the Legislature. There is authority for a town to maintain historic buildings, so you don't need to get a special act. After discussion, the Board agreed to have an Article in the Warrant for construction funds for structural renovations to Buckman Tavern; also, to appoint the committee as soon as possible. Chairman Kenney read a letter from Louis H. Spencer, 52 Waltham Street, complaining about excessive noise on the premises at 32 Waltham Street, owned by the Lexington News Company, during the hours of 12:00 M to 6:00 A.M. Spencer Upon motion duly made and seconded, it was voted to table the Complaint matter pending reports from the Building Inspector, Police Chief Corr, and the Planning Board regarding zoning. 14 Selectmen's Meeting December 26, 1972 Chairman Kenney read a request from the Hospital Transportation Service, Inc , 9 Munroe Avenue, Watertown, for a license for the carriage of passengers for hire in the Town of Lexington, with one stop at Raytheon Company. Upon motion duly made and seconded, it was voted to issue a license to the Hospital Transportation Service, Inc. , Watertown, for the operation of mini shuttle buses for carriage of passengers for Mini hire over the following ways and streets in the Town of Lexington Buses with the stipulation that the only stop to be made would be at the License Executive Offices of the Raytheon Company on Spring Street, Lexington Route 2 between the Lexington-Lincoln Town Line and the Lexington-Arlington Town Line. Spring Street between the Lexington-Waltham Town Line and the Executive Office of the Raytheon Company. Route 128 between Route 2 and the Lexington-Waltham Town Line. Chairman Kenney read a letter from Dale Kutnick, 10 Gould Road Kutnick requesting an amendment to the no-parking ban in the dead end area Parking on at Gould and Turning Mill Roads. Street Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Chairman Kenney read a request from the Director of Public Nickerson Works for an extension of 30 days sick leave for Ronald Nickerson, Sick Leave Highway Division, who had major surgery on November 27, 1972. Extension Upon motion duly made and seconded, it was voted to approve an extension of 30 days sick leave for Ronald Nickerson. Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen's Meetings of November 27 and December 11 , 1972. Edison Upon motion duly made and seconded, it was voted to grant the Withdrawal written request from the Boston Edison Company for "Leave to With- Mass. Ave. draw" the petition for the location of one pole on Massachusetts Slocum Rd. Avenue approximately 125 feet southeast of Slocum Road. Chairman Kenney read a request from Secretary Davoren to certify the character of the following Lexington residents who have Cert. of applied for Certificate of Incorporation, "Lexington Friends Com- Incorp. munity Residence, Inc. ," 3 Forest Street, Lexington Robert E. Reynolds 3 Forest Street Anthony L. Mancini 115 Reed Street Lester E. Goodridge, Jr. 24 Freemont Street 15 Selectmen's Meeting December 26, 1972 William E. Rice 5 Raymond Street Frederick J. Conroy 5 John Poulter Road David A. Lavender 20 Avon Street Upon motion duly made and seconded, it was voted to refer the matter to Town Counsel for further information on the location. Moore Street Upon motion duly made and seconded, it was voted to sign the con- Survey tract with Joseph W. Moore Co. Inc. , for survey and engineering Contract services for the preparation of preliminary plans for local street improvements Grassland Street, Holland Street, Fern and Pleasant Street. Upon motion duly made and seconded, it was voted to sign the Whitman & contract with Whitman & Howard, Inc. , for landscape architectural Howard services for the Town of Lexington-Old Reservoir Development and Contract Harrington School Playground. The Board discussed polling places under the new 9-precinct polling plan. After discussion, it was agreed to ask the School Committee for comments regarding the possibility of closing the schools on Polling a state or national election day as it would only involve closing Places for one day every two years. Also, to point out that it is under- stood that schools such as the Bowman School would not have adequate space for storage of voting machines and arrangements could be made to store the machines elsewhere. Chairman Kenney read a request from Attorney Francis W.K. Smith, Executor of the Estate of Arthur A. Gorman, for extension of sewer service to 206 Bedford Street. A report from the Engineering Department was read stating that a sewer is in Bedford Street to Sunnyknoll Avenue, up Sunnyknoll Avenue to Reed Street, up Reed Street past the rear property line Sewer of the subject lot. This property was assessed a sewer betterment Connection of $214, which was paid in 1949. The service from this sewer would Request not be capable of accommodating anything below the sill elevation 206 Bedford due to the nature of the terrain and the depth of the main in the Street street. The length of the service would be approximately 350 feet and we would require one manhole at the halfway point. Depending on what price Mr. Smith receives, it would cost approximately $3,500 - $4,000 for the service installation. The other method of servicing this parcel would be to run the sewer up Bedford Street from the existing sewer manhole at the intersection of Bedford Street and Sunnyknoll Avenue, a distance of approximately 250 feet; the cost for the installation of this section Selectmen' s Meeting December 26, 1972 of main would be approximately $7,500. If we would use this approach, it would be the feeling that betterments should be again assessed against the subject property After discussion, the Board agreed to deny the request Upon motion duly made and seconded, it was voted to deny the re- quest of Attorney Francis W.K Smith for extension of sewer service to 206 Bedford Street, and to inform Mr Smith that the estimated cost of the project would be $7,500 and there is no distinct appropriation for this purpose Also, to point out that a sewer connection to this property is possible if done from the rear of the property on Reed Street Licenses Upon motion duly made and seconded, ;it was voted to issue the follow- ing licenses for 1973 Lodaina House Wild Acre Inn Inc 50 Percy Road Common Victualler (Approved by Board of Health) Alexander' s Pizza 180 Bedford Street Hayden Skating Rink 24 Lincoln Street Dunkin Donuts 373 Waltham Street Bellino' s Bakery, Inc 141 Massachusetts Avenue Folsom' s Seafood 182 Bedford Street Chairman Kenney informed the Board that a letter has been received from the School Committee regarding the traffic at the Clarke Junior High School , stating some suggestions for immediate .and long-range solutions other than the access road, as follows Traffic Police Officer at Waltham Street and Brookside Avenue Intersection Clarke at appropriate hours. Junior High School Zone signs installed on Waltham Street. Flashing yellow warning lights on Waltham Street. Extension of present sidewalk on westerly side of Waltham Street from opposite Kendall Road to opposite Brookside Avenue (if this is feasible the traffic crossing guard now located at Waltham Street at Kendall Road could then be placed at this intersection. ) The letter further stated that the Traffic Committee had rejected all of these suggestions as they felt that this would not lesson the problem of sight distance on Waltham Street as it pertains to the Brookside Avenue Selectmen's Meeting December 26, 1972 intersection. The School Zone and flashing lights were ruled out as the school property does not abut Waltham Street. The School Com- mittee will support any solution, both short and long-term, that will improve the situation. Chairman Kenney read a report from the Traffic Committee stating that the traffic situation had been discussed and it was noted that from the planning stages through the last two years, the Traffic Com- mittee met with the architects and the Permanent Building Committee seeking justification for their providing only one access to the school , namely Brookside Avenue. Some of the information requested was a traffic generation study yielding the number of pupils, the percentage walking and taking school buses, the number of school buses, the number of pupils dropped off by parents, and turning- movement counts at Waltham Street, To date, we have not received this information. We again recommend that these studies be under- taken and, this time, to ascertain whether or not a second access is justified and, if so, where it should be located. As a partial and interim solution, we recommend that the School Department be urged to encourage children walking to and from the school from the west side of Waltham Street to cross at the traffic signals at Marrett Road and proceed on the sidewalk on the east side of Waltham Street to the school rather than to cross at Brookside Avenue, as they are currently doing. Partial as this may be, it will alleviate some of the conges- tion and confusion at Brookside Avenue until studies can be completed and evaluated. The Board agreed to put an Article in the Warrant for the access road; to ask the Permanent Building Committee to furnish information on the traffic generation study; to request, as an interim solution, that the School Department instruct the children about the better method of approaching- the school from the westside of Waltham Street. Chairman Kenney read a letter from the State Department of Natural Resources-Division of Conservation Services regarding devia- tions from the original plan for sewer line construction in the DNR vicinity of Route 128, Patterson Road and Wood Street. Wood St The Board agreed that Mr. McSweeney is to draft a letter to the Trunk Department of Natural Resources containing an explanation of the deviations from the original plan. The Board discussed the proposal by SILC to have an Article in SILC the Warrant to join a Regional Waste Disposal District. Regional After discussion, it was agreed not to join. Waste Upon motion duly made and seconded, it was voted to inform the Disposal Subregion Intertown Liaison Committee of the decision of the Board District not to submit an Article in the Warrant for the purpose of joining with SILC in a Regional Waste Disposal District. Selectmen's Meeting December 26, 1972 ' 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, would adversely affect the Session public security, fibancial interests of the Town or the reputation of a .person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was vo+ed to adjourn at 9. 15 P.M. A true record, Attest `J ,511 �,�"r E scut i ve. Clerk, Selectmen 19 SPECIAL SELECTMEN'S MEETING December 29, 1972 A special meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Friday, December 29, 1972, at 8 30 a.m. Chairman Kenney, Messrs. Bailey, Buse, and Brown; Mr. O'Connell , Town Manager; Mr. Perry, Comptroller; Mrs. McCurdy, Executive Clerk, were present. Also Mr. McSweeney, Director of Public Works. Mr, Perry informed the Board that the Permanent Building Com- Clarke has voted to release the funds back to E&D which were appropriated Jr. High under Article 4 of the June, 1969 Special Town Meeting on equal Equal opportunity employment for the construction of the Clarke Junior Opportun- High School ,in the amount of $10,000. ity Funds The Board agreed that Selectman Bailey is to check with the Permanent Building Committee to see if they intend to put in an equal opportunity article for the Library construction. Mr. Perry If they do, it would be wise if the Permanent Build- ingCommittee reverses its decision and asks that the funds under Article 4 of June, 1969 be transferred to the new article. Mr. O'Connell If the funds are released, they can ask Town Meeting for a re-appropriation from E&D for the Library construction. Mr. O'Connell requested the Board to approve the requests for the; .f.ollowing transfers $405.55 to Account 4150-Fire Department Expenses. A bill for this amount has been received from McCann Associates for the Fire- Transfer men's promotional examinations. Fire Dept. Upon motion duly made and secobded, it was voted to request the Appropriation Committee for a transfer from E&D to Account 4150 in the amount of $405.55. $4400 to Account 5850 Sanitary Landfill , for additional cover Transfer for the Hartwelll venue landfill. Sanitary Upon motion duly made and seconded, it was voted to request Landfill the Appropriation Committee for a transfer from E&D to Account 5850 in the amount of $4400. $10,700 to Account 5450-Road Machinery. This represents a com- bination of bills for repairs, plus three major breakdown items. Transfer Mr. McSweeney We have had $10, 100 for major repairs. Road Upon motion duly made and seconded, it was voted to request Machinery the Appropriation Committee for a transfer from E&D to Account 5450 in the amount of $10,700. Special Selectmen's Meeting December 29, 1972 Transfer $1500 to Account 5700-Sewer Maintenance; to pay for additional Sewer expenses that were incurred in the operation of the North Lexington Mtce. Pumping Station. Mr. McSweeney We hope to recover $13,000 from the contractor for maintaining the temporary pumping services. We have a meeting with the contractor and with Town Counsel this Wednesday. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from E&D to Account 5450 in the amount of $1500. Transfer Mr. O'Connell I have a request for a transfer of $27,000 to the Snow Snow Removal Account 5500. We have bills in hand for $28,250 for the Removal December storms; the forecast is for more storms this weekend. Chairman Kenney Are these bills for contract plowing? Mr. O'Connell Yes and for salting and sanding. We had $1462. in the account going into December. Mr. Perry If you go along with this request, it leaves a deficit in Snow E&D of $14,000. Emergency Mr. O'Connell The Board can vote an emergency and ask the State for Snow assistance. Upon motion duly made and seconded, it was voted, under Chapter 44, section 31 , of the General Laws to declare a snow emergency as of Dec- ember 29, 1972, in the amount of $14, 130.74. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from E&O Account 5500 in the amount of $13,000. Fire Mr. O'Connell reported to the Board that he and Fire Chief Spellman Engine are currently negotiating with Mack truck headquarters regarding two Bill repair bills, totaling $1 , 100, for one of the fire engines. We are not satisfied with the repair job and, hopefully, we can get Mack to agree to payment of only one of the bills. The Board agreed to the negotiation. School The Board discussed the request of the School Committee for salary Administ. information i n the Town's M Schedule for use in "computing the Superin- Salaries tendent's salary as part of his appropriate administrative unit." It was the unanimous decision of the Board that all the necessary information for such a decision is presently' within the School Depart- ment's personnel records or has already been supplied by the Comptroller. Upon motion duly made and seconded, it was voted to sign the follow- 1973 ing licenses Licenses CLASS1 AUTO COMMON VICTUALLER Auto Engineering, Inc. Denny's Restaurant #705 Colonial Garage, Inc. Danish House Lawless Mawhinney Motors, Inc. Bamboo Garden, Inc.-II 00 a.m, to Patriot Ford, Inc. 12 00 M. Rowe Chevrolet Hancock Market 21 Special Selectmen's Meeting December 29, 1972 Upon motion duly made and seconded, it was voted to sign the Common Victualler licenses for the Regent Delicatessen and Pewter Pot Muffin House, subject to the approval of the Board of Health. The Board discussed the lowering of Town flags because of the Flags- death of President Truman on December 26, 1972. All flags had been President immediately lowered to half-mast. Truman The Board agreed that the flag on the Green would stay at half- mast for a period of thirty days, all other Town flags would be raised. The Board discussed repairs to Buckman Tavern. Mr. O'Connell agreed to talk with the Permanent Building Can- Buckman mittee concerning the responsibility of the repairs. Tavern Upon motion duly made and seconded, it was voted to adjourn at 9. 15 a.m. A True record, Attest Executive Clerk, Selectmen 6 f 1