Loading...
HomeMy WebLinkAbout1972-01-03-BOS-min 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