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1972
190 Resigna- tions CATV Historic Districts SELECTMEN'S MEETING January 3, 1972 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 Busa, and Mrs. Riffin; 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- nation of Mrs. Elizabeth Cooper, Assistant Dog Officer. He has also 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 its rules and regulations; as far as I know, they haven't prepared any forms. Upon motion duly made and. seconded, it was voted to inform the Charles River Cable Television' Inc. that the Board is not considering any applications at this time but will 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 bulldtrrs. 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 fact, it intends to submit for presentation to the next Town Meeting a 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 broad representation of 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. Mrs. Riffin: 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 wait 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 Certificate of Incorporation, "Camphill New England, Inc." Upon motion duly made and seconded,, it was voted to approve the minutes of the Selectmen's Meeting of December 20, 1971. Upon motion duly made and seconded, it was voted to sign the Lodging House License for Wild Acre Inn, Inc., 50 Percy Road. Cert.- of 1ncorp. Minutes Lodging House Chairman Cataldo said that the Board voted last week to exercise the options for theBallou 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. Bailey: This doesn't mean that HUD disapproved? Mr. Legro: 1t 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. Cljairman 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: 1. 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 celebrafi'fon of the two hundredth anniversary of the Battle of Lexington; or act in any other manner thereto. 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 aothority to appropriate money for a museum, and that is substantially supported. We went through this with the Information Center and my opinion hasn't changed. Chairman Cataldo: We must have the Committee in to talk with them. For the time being, we could voteon next Monday to insert the Articles. 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) Bellino's 141 Massachusetts Avenue James H. McManus 399 Lowell Street Mr. McSweeney came into the meeting. Chairman Cataldo informed the Board that a letter has been received from the Town Engineering Department regarding the acceptance of Carmel Circle and Morgan Road. The Engineering Department does not recommend acceptance of these streets at this time as it is not recommending Nickerson Road for acceptance this year. Nickerson Road now is a pri- 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. 1 9. Permanent Memorial Sub - Committee Common Victual- lers Nickerson Carmel Circle Morgan Road 194 Kiln Brook Upon motion duly made and seconded, it was voted to delete Nickerson Road, Carmel Cirdie 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 causi ng: an.: area .of,'hebvy;.br•.ush. 5. Due to the presence of many utility crossings at or near the bed 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.estabiish,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. Chairman Cataldo: There is no way to get it properly dredged at 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 geta section dredged to get the channel back into the area. Mr. McSweeney: We have been trying to get Itek to do this. They filed under the Hatch Act and they do not recognize the responsibility to get this backin 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 Itek 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 (1) 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 pathway would be expensive and would necessitate considerable altera- tion of the existing natural landscape. We are at present planning an 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. Peacock Farm Easement 1.96 Fern St. Pleasant St. Taking Land Acquisition Policy Executive Session 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 end. It is my feeling that the best way is to hold the whole thing for a survey of both ends to bedone at the same time. 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- 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? Mr. Bailey: Yes, to have one person from each of the Boards, Planning Board, Conservation, Recreation, Capital Expenditures and 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 ilia" 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. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or` 1 97 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 THE 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. 198 Michelman Battle Green By -Laws Chairman Cataldo read a letter from Frank 1. Michelman to Richard Michelson stating that after examining the redraft ofthe 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- mitted to the Board of Selectmen when final submission is made: Section 25: The Battle Green (a) Subject to the provisions of this section and of Section 3 of Article XXV 04 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 temporarilywithdrawn fr`em 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-©f: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. 199 Mr. Micheiman_: As a matter of courtesy, 1 would state that I shall, unless there is objection of a kind 1 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 i.s 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: Executive Clerk, Selectmen 200 New Town Office Building Jurors Hartwell Avenue Conduit 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. Riffin; 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. Me 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. We acknowledge our thanks for the four paintings done by Mr. Philip Parsons, which were underwritten by the Depositors Trust Company, and 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: Murray L. Ehrenberg George C. Cusiter James P. Pitarys Thaddeus W. Szalajeski 18 Homestead Street 26 Oxbow Road 114 Burlington Street 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 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 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. 1 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 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. Pian 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 trunksewer: 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 1. 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 rhght to chatige 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. 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 ranted subject to these speci- fications? 2 [)2 Hartwell Avenue Pole Position Withdrawn DPW Union Contract Air Pollution 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 Company for a "Leave to Withdraw" the petition dated June 14, 1971 to install fourteen poles located on the northwesterly side, 185 ft. northwesterly from Maguire Road. 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. The Union has indicated they are in agreement to sign and the con- 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 11703, 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 pollution. A hearing will be held on Friday morning in Boston. The 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 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 it equally as useful to our Building Inspector. The Town should be_represented and the Building Inspector should also attendlthe meet- ing. Mr. O'Connerll agreed to make the arrangements. Cha i rmafr Cataldo eedd.a request frau 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 have the right to give a permit across that cemetery? According to the plan, there is a pole already there. Mr. McSweeney: There is a previous Crossing there, too. Mr. Kenney: That is not a Town cemetery? Chairman Cataldo: Not as I understand it. 1 question whether we. have the right to grant permission. Mr. Legro: 1 don't know of any authority of the Town to grant permissionto.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; Pine Meadow Country Club, Cedar Street. Both have been approved by the Board of Health. Upon motion duly made and seconded, it was voted to sign the Class 1 Automobile License for Lawless Mawhinney Motors, Inc., 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: 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 January 3, 1972. Chairman. Cataldo read a request Inc., for the use of Cary Hall for a and Saturday, April 7-8, 1972. After discussion, the Board agreed to meet with them for further details. from Mr. Nathan Becker of SMG "Careers Workshop" on Friday request Mr. Becker to 203 Boston Edison Request 463 Mass. Avenue Common Victualler Licenses Class 1 Cert. of Incopp. Minutes Cary Hall Request Mr. Becker 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: 1 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 shslres..• 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. Bicenten- nial Articles 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 provision of statute that became effective in 1971 authorizing the establishment of a special fund in which shall be deposited such sums as may be appropriated in the years 1971 through 1975, inclusive, for the celebration in the year 1975 or 1976 of the 200th anniversary._af. 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. 2O 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: Louis A. Zehner, Chairman Mrs. Oscar Carlson Mr. Richard W. Hoover Mr. John E. Taylor 6 Fair Oaks Drive 23 Hayes Avenue 18 Larchmont Lane 11 Linmoor Terrace Re -appointment 11 tP 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. Two Articles for Bicentennial Committee. 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 537,000 for radio communications 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: Article R: Article S: Zoning amendment to allow commercial recreation faci- lities with Board of Appeals' permit. Zoning amendment to require special permit for restaurants and places of serving food. To appropriate funds for planning, soil and drainage studies of lands expected to be developed. Town Report Corrm i ttee Appointments Warrant Articles 206 Article T: To authorize the Selectmen to sell at less than fair value tax title lets for housing. Article V: Zoning amendment to return to RS (residence).distri-t 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 1. Pinard. Purchase Lot 95C,.Map 11, owned by Wm. H. Hamilton, and bat 96A Map 11, 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 plan Chairman Cata•ldo;';We have tried to get this implemented fortwo years. The: Board has every intention of notifying the Planning Board andthe 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: 1. 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 Il." 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 Zoning By -Law, by adding to Section 22.4, I4 MuJti- family Garden .-Apattment-- Haroian. 7. Two tennis courts at Diamond Junior High - (LWV). 8. Petition for Zoning Change - Heritage Realty Trust. 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. 1 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. Busa: 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 Tater 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. Busa: 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. Ri.ffin's motion. Mrs. Riffin: It indicates no position of the Board as an Article. 207 208 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. Executive Session Upon motion duly made and seconded, it wasvoted to go into Executive 'Session for the purpose of discussing, deliberating or vot- ing on matters which, if made public, might adversely affect the pubiic,security, the financial interest's 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 SELECTMEN'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. Riffin; 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 Michael W. Morrison Henry Gnade, Jr. Robert G. Godwin Nicholas Colette 21 Harbe i I Street 13 Bedford Street 8 Fulton Road 15 Normandy Road 26 Volunteer Way 209: Jurors Chairman Cataido 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 Massachusetts Avenue, Bedford Street, Waltham Street and Marrett Road. The Historic Districts Commission offers the following suggestions: 1. 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. Historic, Districts Comm. 240 Committee on Extension of Historic Districts Reimburse- ment for State Census 2. Extend the Battle Green District to include the Massachusetts Avenue area between Hastings Park and Marrett Road. 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 standpointy•' 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 handle the additional areas on its present budget or without some additional voluntary personnel. After discussion, the Board agreed to appoint an advisory sub- committee. Upon motion duly made and seconded, it was voted to appoint an Advisory Subcommittee to consist of a representative from the Board 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 1, 1972. Chairman Cataldo read a letter from the Clerk of the City of Peabody stating that a bill for the cost of the Peabody census had been submitted to the State Treasurer and Receiver General. It is the Clerk's opinion that each city and town should submit a request in 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. 1 Upon motion duly made and seconded, it was voted to write to Repre- 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 on Route 2, to and from Logan Airport -Upon motion duly made and seconded, it was voted to grant and sign a license to the Airport Commuter Limousine Service, Inc,, Framingham, to travel over Route 2, to and from Logan Airport, for a period expiring on December 31, 1972. Chairman Cataldo read a request from ,Secretary Davoren for ap- proval of location at 9 Mariam Street regarding application for Certificate of Incorporation "Health Progress Foundation of New England, Incorporated." 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 Street and Concord Avenue. Chairman Cataldo informed the Board that the notice of intent re- ceivedfrom the DNR that the Realty Development Co., Inc., 43 Middlesex Turnpike, Burlington, proposes to improvethe hydraulics of Vine Brook and to relocate Vine Brook for, site development, has been 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, 1 have asked Town Counsel for an opinion. A memorandum from Mr. Legro states that sidewalk betterments are assessed under Chapter 83, Section 26, which provides that in the 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- menttof 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. 211 Permit Airport Commuter Limousine Service Cert. of Incorp. Waltham St. Concord Signal Hatch Act Sidewalk Betterment Policy 212. Minutes Chap. 90 Grant St. East St. 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 dei 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 oil -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 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- gent upon highway legislative appropriation and local action, for highway purposes under the provisions of Chapter 90, as follows: 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. 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 organize - flee 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 the Town; as the zoning By -Law indicates, the purpose is for conser- vation, outdoor and park purposes, and we hope the lot will be sold 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. Busa came into the meeting. 213 Saddle Club Area Swimming Club 214 Mr. Buse: 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. 1 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. 1 was one of the owners and 1 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 ourmembership, 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. Chikies: No; we received preliminary estimates from pool builders. 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. 1, 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. Buse: 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 Tots 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. Riffin: 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. Riffin: 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,,McSweeney: And also considerthe 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. 2.16 Traffic Eldred St. Bedford St. Green & White Woburn St. School Site Youth Commis- sion Mr. Chikies: 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 1 -he Eldred Street -Bedford. Street traffic situation. The Traffic Committee is meeting tomorrow and I would like to request them to re- view the situation and report back to us, and we would be obligated to 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 positioncon the 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 it is layed out, we will get two accesses; we have three vehicular plus one pedestrian now, and we want the other two. This wasto- give them the flexibility of a better development. Mrs. Riffin: Has Conservation. reviewed this? 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. Tbb proposed membership was to consist of a member of the Board of Select- men, School Committee, Recreation Committee, T.M.M.A., Council of 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. 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 5twas adopted, we should sit with these people and go down the.li•st 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- utiveSession 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 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: 3-4/- c ??, xecutive Clerk, Selectmen 21''':,. Executive Session 21` 8 Pole Grant St. SELECTMEN'S MEETING January 24, 1972 A regular meeting of the Board of Selectmen was heldin 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. Riffin; 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 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 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 earing 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. 1 Chairman 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: Taft Avenue: Relocate Pole 131/17 five (5) feet, northeasterly, one (1) pole, also, remove one (1) pole. Relocate pole 131/18, five feet northwesterly, One (1) pole also, remove one (1) pole. Trench pole 131/20, one (1) foot easterly, one (1) 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 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." 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: Walter T. Kenney, Jr. Howard A. Smith 16 Dane Road 16 Childs Road Chairman Cataido 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. Upon motion duly made.and seconded, it was voted to grant permis- 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 Inn requesting a temporary extension of hours under the Club Liquor License from 11:00 p.m. to 1:00 p.m. for a three months period. The letter states that at present the business is suffering significantly 219 Poles Taft Avenue Bonds Cert. of 'Incorp. Special Police Travel Permit Sheraton Lex. Inn requests hour ext. 22U. Insurance Agencies from the competition in nearby communities, particularly those of Burlington and Newton, where the availability to serve liquor has been extended to 1:00 a.m. With an extension of our liquor License for a 1:00 a.m. closing, we would feel more comfortable in proposing the major expansion of 100 additional guest rooms. 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 -1 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 11:00 p.m. to 1:00 a.m. Chairman Cataldo read a letter from Daniel A. Lucas, Presi- dent of MacNeil Insurance Agency, Inc., 19 Depot Square, Lexington stating that his agency has purchased the Win S. Couette Insurance Agency effective December 1, 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 ►rill be so noted. Mr. Michelman was present at the meetingLand 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. 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 Raymond Pittman Edward Desmond N.S. Swartz G.F. Zecher Tony Cataldo Arthur L. ,Cody Charles Copelotti James W. Flanagan C.W. Little James Catalano Ralph M. Smith 24 32 29 27 22 41 14 30 12 42 643 1162 Harbe11 Avenue Homestead St. Centre Street Muzzey Street North Street Rindge Avenue Albemarle Ave. Pearl Street Charles Street, Buckman Drive Waltham Street Mass. Avenue $ 24.26 35.00 2.70 132.30 56.49 98.82 10.15 2.80 10.15 7.00 283.37 8.75 - Wrong meter reading - Wrong b i l I i ng - Wrong billing - Wrong meter reading - Wrong meter reading - Billing to wrong acct. - Wrong b i l l i ng - Meter read wrong - Meter read wrong - Wrong billing --Wrong meter reading - 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 111 License. We have never issued a Class 111 permit except in connec- tion with Class' 1, but they have a permit from the Board of Appeals and, in order to operate, they need this permit. The Registry of Motor Vehicles requires this as the motor numbers must be registered. Upon motion duly made and seconded, it was voted to sign the Class 111 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 the upcoming step raises, it would only.drop them further behind. The custodians are always conscientious when working a detail at Cary' 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 1, 1972. Chairman Cataldo said that the Board had asked the Traffic Commit- tee for a report on the intersection at Bedford and Eldred Streets. It has been received and states that the Engineering Department has been requested to carry out a new traffic count and to seek whatever information may be available at a working level from the Massachusetts Department of Public Works. It is our understanding that an engineering 221:. Water Abate- ments Class 111 License Carroll Custodian Overtime Increase Traffic Bedford Eldred Streets 2L2 - 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 thebr 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 evenigg. The Board agreed. r.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 dots 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. Scottish Rites Home 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 Secretary of the organization, to see if they would make available and guarantee to the Town that the 200 ft. strip would be maintained as it 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 2L 3: The Appropriation Committee and the Capital Expenditures Committee met with the 66ard to discuss the Articles for the Warrant and the re- quested appropriations. Article Appropriation 1 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 to 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. 11 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 #I 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 (Radior,Communi- 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 Lands 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 44/0I9.41 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 1 1 22 d. of Set. .Article Appropriation d. 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) lanning 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 it 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 elderly off Waltham St.) 85 Void authority to convey Vine Brook land area " 86 W.P.C. Mass. 217 abandonment of R.O.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 89 Data Processing Study Committee 90 Bicycle paths or routes (amend General By -Laws, Article XXIV, Section 7) 91 Oak Park land to Saddle Club Pool Assoc., Inc. - 92 Butterfield's Pond - release flowage rights 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 tConcord 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 101 Appropriation - reduction of 1972 tax rate 8d. of Sel. own Mgr. itizens Citizens Bd. of Se 1. 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 meetingswill be held on March 1, 8 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. 22i Land Acquisi- tion 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 Conmittee°that the requested reports on land acquisition policy had been submitted by them at a very late date. The Board agreed to request the Appropriation Committee and the Capital Expenditures Committee to designate one of their members to 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 Section Z:ofthe proposal. The organizations Youth will be requested to send in one name and ten will be selected; all Commission 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, IO Augustus Road. Trzaskos 1. 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 for 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 I '"7 on January , ,1972. b. Nineteen neighbors signed a petition requesting the removal' of this dog. 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 nota menace. 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 State will go forward with the regulations. The burden will be put on local government. Upon motion duly made and seconded, it was voted to adjourn at 10:26 p.m. A true record, Attest: E ecutive Clerk, Selectmen 227. 1#i r-'Pbllu- tion 228 Lexington Minute Men, Inc. 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, Buse and Mrs. Riffin; 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 upwith 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 has no objection as long as the Traffic Committee and thosecon- cerned are notified. 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,. The Board received a letter from the Burlington Board of Selectmen requesting 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 bill is being submitted jointly by 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 monies reimbursed must.have been worked out in equal valuation. Attorney Legro: in my opinion, this.legislation can add nothing but difficulties and expenses. 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 thislegislation 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- closed. The Council is at this time seeking funds for improvements to Hanscom Field. Chairman Cataldo: This is an application for funds, they are nal 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: Mass .Avenue: 1 on the easterly side from a distance of 54 feet more or less, south of the centerline of Mill Brook Drain Easement northeasterly to adis- tance of 180 feet, more or less, northeasterly of the centerline of Mill Brook Drain Easement. from the westerly sideline of Depot Square a distance of 137 feet, more or less, westerly -to the easterly sideline of Mertam Street. 229. Burlington 100% Assessment Bihl M.A.P.C. FAA/Airport Development Aid Notice of Intent - Street Lay -outs 230 Eisenberg Associates Question- naire Emerson Road: Abernathy Road: Birch Hill Lane: Clyde Place: Conestoga Road: Dudley Road: Goffe Road: Heritage Drive: Ingleside Road: Pheasant Lane: Worthen 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. from Ingleside Road a distance of 661 feet, less, easterly to end. from Lincoln Street a distance of 948 feet, less, northeasterly to end. from Ingleside Road a distance of 296 feet, less, southerly to end. more or< more or more or' from. Wood Street a distance of 794 feet,rnmore or less, easterly to end. from Goffe Road a distance of 901 feet, more or less, southeasterly to Philip Road. from Worthen Road a distance of 777 feet, more or less, easterly to Philip Road. from Volunteer Way a distance of 1753 feet, more or less, southerly, easterly, and northerly to Volunteer Way. from Maple Street a distance of 2232 feet, more or less, northerly to Clyde Place. from Lincoln Street a distance of 1066 feet, more or less, northeasterly to Birch Hill Lane.. from Pleasant Street a distance of 2069 feet, more or Tess, 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 out. streets asread.'. 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 regarding Spring Street. A meeting was held between'the Citi- zens Advisory Committee and the committee from. Spring Street, at which time the entire situation was discussed. It was understood that the 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. 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: 1 submitted the 'letter to Mr. McSweeney -;for his evaluation, and we both agreed that two points should be changed: 1) The questionnaire should be returned to the Selectmen's office. 2) The date for return should be February 11, 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 stated that Hamilton Photographers have been soliciting in .the streets of Lexington, offering a coupon for a photograph taken in the home. 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 Photdgraphers. 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 Program was submitted by John J. McSweeney, Town Engineer, with a copy of the original Phase IIL project group proposal, and asked Mr. McSweeney to present the issue in capsule form to the Board. 231 Hamilton Photograph Solicitors TOP I CS Program Phase III 232 :Commission On Youth 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 wilt ulti- 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 Ill, 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 r recommendations would be. The committee concurred with him that there 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 thereWill 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 wassrecognized too that the Selectmen would be in the position to use their,own discretion. If they wish to use that criterions 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. l feel that there should be a clear understanding before we go after nominations. If this ;gm- mittee does not work, 1 do not want to feel-;tthat 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, where do we get theinformation? 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 which 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 561 Massachusetts Avenue would be suitable because of the size of the building We are not asking for all of this land, perhaps half of it. We would hope that you would consider opening the Warrant for an article to be inserted to allow us to purchase a portion of the land. The Con- servation Commission it in favor of this land. as 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. lf 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 exchan9e; 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 +he'Adams school site should ever be expanded, access'would be through this property. The issues important now are: 1. 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 1 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. Vetter Scottish Rites Home Relocation 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 Mired 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. Site 1nvestiga- tton Article 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 we lands. The Sub -division Control 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 Health, ended in the request for appointment of an ad-hoc coittee by Town Meeting. We listed four things we wanted them to look into. It was our hope that this committee would be the people to make 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; 1. 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. 23, e 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: 1 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 notseem 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 ail 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 help 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. Buse: 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. 36. J,A. Carroll Class III License 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 1 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.-Riffin: How much money is available at present? Mr. O'Connell: About $2500 which is consolidated. Chairman Cataldo: 1 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 jicense re- cently issued to John A. Carroll Co., Inc., 31 Alien 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. Chairman Cataldo: 1 was very reluctant about issuing this. It is the only Class 1I1 license issued, all are Class I. This 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•Nehicles 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 Mr. 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. Riffin: Is there enough land along Massachusetts Avenue to Permit permit a curb cut, if it should be necessary? CurbCut 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 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 -unanimously voted to adjourn the meeting at 10:40 p.m. .A true record, Attest: 1 1 heat Acting Executive Clerk, Selectmen Executive Session 238 A regu men's Room, at 7:30 p.m Town Counse Clerk, were At the follows: Jurors SELECTMEN'S MEETING February 7, 1972 lar meeting of the Board:of Selectmen was held in. the -Select - Town Office Building, on Monday evening, February 7, 1972 Chairman Cataldo, Mr. Busa and Mrs. Riff.in; Mr. Legro, I; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive present. request of the Town Clerk, seven jurors were drawn as William N. Garside Bertha Minsky Sebastiano Biandino Sidney L. Levin Stanley Kunicki Robert U. Barrett Melvin S. Klein 72 Allen Street 9 Abernathy Road 12 Reed Street 168 North Street 83 Adams Street 10 Winston Road 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. Fee Hawkers d Peddlers License Free Cash Permit Visitors' Center Grounds Permit Y.E.S. Mr. O'Conneli informed the Board that he had reviewed with Chief Corr the By -Law on Hawkers and Peddlers; it appears we only need to draw up a permit form and Chief Corr isprepared to issue written permits. The recommendation is for a fee of $1.00 as most of them 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 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 request of Donald J. Gillespie, Jr., Lexington Music Director, for permission to hold an outdoor band concert on the lawn of the Visitors' Center on Sunday afternoon, June II, 1972, from 2:00 p.m. to 4:00 p.m. Chairman Cataldo read a request from Mrs. John Heindbrink, Co - Chairman of the Fellowship Committee, for the use of the area in € front of the Visitors' Center for a book fair on Saturday, April 29, 1972 frau 9:00 a.m. to 5:00 p.m. (rain date of May 6). 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 1:00 a.m. on April 23, 1972. 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 1:00 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 of the Superintendent of Public Works. The move is to be made in' two 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 Common Victualler license for the Lexington Upon motion duly made and seconded, it liquor license for the Lexington Golf Club, was noted to sign the Golf Club, 55 Hill Street. was voted to sign the Club 55 Hill Street. 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 that a break in a double yellow line should occur only at minor joining or cross streets such as is evidenced in this area at Winter Street, Hartwell Avenue, Eldred Street, Simons Road, etc. It should be .pointed out that crossing the double yellow line for access to or egress from an approved driveway opening is not prohibited under the provisions of Chapter 89 of the General Laws. 239 K of C House Move Lexington Golf Club Vict. & Club Lic. Bedford Street Yellow Line Crossing 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 vehicle. 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 copves 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 Hearing Realty Development Chairman Cataldo read a notice from the Department of Natural Re- sources that a hearing must be held under the Hatch Act on the notice of intent of the Realty Development -Ca, 43 Middlesex Turnpike, Burlington, to alter 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. Minutes Cert. of 1ncorp. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting of January 31, 1972. Upon motion duly made and seconded, it was voted to certify the - character of the following who have applied for a Certificate of Incorporation: Arnold L. Abrams 456 Concord Avenue Douglas Decker 41 Spring Street "Care House, Inc.." 1 1 Upon motion duly made and seconded, it was voted to sign an Auc- tioneer's License for John D. Brucchi, 63 Paul Revere Road. 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 Co., Inc. bid $30 per page based on 40 pages. Upon motion duly made and seconded, it was voted to 'award the con- 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. Riffin 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 opposingthe bill. Mrs. Riffin: 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. Chairman Cataldo: We should be careful because of the part in Lexington, especially if Route 2 is made non -access. 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 of land located at 651 Massachusetts Avenue for the purpose of moving 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 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. 241 Auctioneer License Printing Town Warrant MDC Hobbs Brook Basin Vetter Request Executive Session 242 Mr. Bailey came into the meeting during Executive Session. Upon motion duly made Warrant for the 1972 Annua Upon motion duly made 10:50 p.m. and seconded, it was voted to sign the 1 Town Meeting. and seconded, it was voted to adjourn at A true record, Attest: xecutive Clerk, Selectmen 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. Riffin; 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'andthe 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 l 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. 1 thought the MDC might help to keep the issue alive. Senator DeNormandie talked with the MDC and it would not mean we would 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: 1 suppose the only way to use it for park and recrea- tion purposes would be through a state agency; would you approve it then? Chairman Cataldo: I would have to have a lot more information. We would make up our own minds whether we wbu'kd,support it. Personally, as it is, I would not wanih to support it. ep. Cole: From what they told me before, the bill isn't going anywhere. 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. Riffin: There are more Towns involved and there is no con- trol in Lexington on what they do; if regional, there would be overall control. 1 don't think the communities can get together to coordinate the use while Cambridge has the water rights. 1 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 1 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. 1 243 Hobbs Basin 244 Mobil Oil 396 Waltham Street 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 hest -in' 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 1 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. Attorney William Dailey, representing the Mobil Oil Company, was present and explained that the application was to store 26,000 gallons at a new station to be built by Mobil Oil Company. i 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: 1 am not certain, but it is in the area of 18,,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 appermit from the Board of.Ap- peals? Mr. Dailey: Yes. 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 ptemises of the Mobil 0i1 Station located at 396 Waltham Street, Lexing- ton, and to issue a new license as follows: to grant permission 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. Notice of the hearing appeared in the February 10, 1972 issue of the Lexington Minute -man. Members of the Conservation Commission and Mr. Graham of the Plan- ning 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 rl.p-rap for the bank for the turn of the -brook. Chairman Cataldo: Is the actual turn greater than the straight=a- way? 24,1 Hatch Act Realty:, , Development Company 246 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.- the lans. 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 theelbow 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. 1 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, 1 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 en 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 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. Uponmoti!on 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 1 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'Tovin 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. 1 had hoped to have an abstract this evening for the order of taking, but it was not ready. 1 wasn't sure that the title was in one name, but it was. Chairman Cataldo: We would need two awards. Mr. Legro is to come back to the Board. Green and White Taking 248 Wood St. Trunk Sewer Contract Mr. O'Connell informed the Board that bids were taken on JanalPy 27, 1972 for the Wood Street Trunk Sewer construction. There were seventeen bidders, ranging from $88,947.13 to $179,803. The three low bidders are The Modern Continental Construction Co. of Cambridge, $88,947.13; Wheatland Construction Company, Inc. of Concord,493,629.; 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 ebatements 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 Permit 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 policecruiser escort to the Arlington line. Upon motion duly made and seconded, it was voted to grant permis- sionto 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 1:00 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. Riffin 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. Buse abstained. Permit Chairman Cataldo read a request from the Rotary Club to park the vehicle in front of Cary Hall for the Boston Guild for the Hard of Hearing Mobile Test Unit for the screening of Lexington adult'on Monday, April 24, 1972. 249 Mr. O'Connell: This is a Targe 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 Mobile Test Unit on Monday, April 24, I972;,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- tomers on_ deposits made to gas, electric, water, telephone and tele- graphcompanies from the present rate of 4% to 6% per annum. The Board agreed that representation is not needed at this hearing. Public Utilities Hearing Chairman Cataldo read a letter from the Boston Mutual Life Insur- anceCompany regarding the passibility 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. They request that the flow of traffic be regulated because of the danger to the children, -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 of the Selectmen's meeting held on February 7, 1972. Traffic Theresa Avenue Minutes 250 Chairman Cataldo read -a letter from Dr. Cortell, Chairman of Citi- zens Concerned for Regional Planning, regarding a hearing to beheld before the joint House -Senate Transportation Committee at the State House on February 17, 1972 regarding H3468 concerning Route 3. Dr. Cortel1 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. 1, for one, feed 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. Chei•rman:Cataldo: We reso•Ived 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 ava i lab Fe, the Board feels that this legislation should not pass. Chairman Cataldo read a report from the Traffic Committee re- garding Vine Brook Road stating that as a result of a meeting with the residents, who are nearly unanimous in favor of banning parking 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 Traffic Vine Brook Road 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 S i'de FT To Tyne Parking 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 Hall on next Wednesday, February 16, 1972, from 7:00 p.m. to 8:00 p.m. 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.: .Relocatign:' Bow Street, Massachusetts Avenue No Betterments,- Subdivision Streets Abernathy Road Birch Hill Lane Clyde Place Conestoga Road Dudley Road Emerson Road Goffe Road Heritage Drive Ingleside Road Maureen Road Pheasant Lane Worthen Road Upon motion duly made and seconded, it was .yoted to authorize the Chairman to sign the Liquor Identification card for Joan P. Conley, 3 Wallis Court. Zvi Street Hearings 1 .D. Card ,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 withthe residents Spring of:Spring Street and it was agreed to send out questionnaires, to be Street returned by the residents on February 11, 1972. Of the 81 question- Question- naires sent out, 49 households returned them to the Board; 45 were naire signed, 4 were not signed. 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 & D'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 pee -year on a long-term practical approach, this is adequate. The public Works budget is $859,000 in 1972; last yearit was $641,000; next year, we are projecting $1,030,000, presuming you spend the money on streets, sewers and sidewalks. 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 1; 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 1.s 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 Development.- We carry nothing. Chairman Cataldo asked about the parking lot on Mariam Street. Mr..Kingston: We only heard about 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 is.concerned, you are right An 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 doesn't 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 Selectmen - Land Acqui- sition Committee Schools - There isa possibility of the renovation of the Munroe School in 1973 for $100,000. Cary Library - $112,000 in 1972, and $I.5 M bond issuedin 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.. The Board agreed to appoint Mr. Busa as itsrepresentative on the Land Acquisition Committee. Upon motion duly made and seconded, it was voted to appoint Mr. 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 calling.for`a uniform statewide building code. We voted to support the bill.Iast year and, once we did, Town Counsel raised serious questions that H882 -Bill 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 unanimouslyvoted 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 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 11:10 p.m. A true record, Attest: Executive Clerk, Selectmen Executive Session 256' 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. Riffin; 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 Tess, easterly to end. No one appeared in favor or in opposition and the hearing was declared closed. Hearing was declared open upon Lane from Lincoln Street a•distance easterly to end. No one appeared in favor or in declared closed. the proposed layout of Birch Hill of 948 feet, more or less, north - opposition and the hearing was 257 Hearing was declared open upon the proposed layout Of Clyde Place from Ingleside. Road a distance of 296 feet, more or Tess, southerly to end. No one appeared in favor or in opposition and the hearing was de- clared closed. Hearing was declared open upon Road from Wood Street a distance of to end. No one appeared in favor or in declared closed. the proposed layout of Conestoga 794 feet, more or less, easterly opposition and the hearing was 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 Tess, 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 from Worthen Road a distance of 777 Philip Road. No one appeared in favor or in clared closed. the proposed layout of Goffe Road feet, more or less, easterly t� opposition and the hearing was de - 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 Road from Maple Street a distance of 2232 feet, more or less, northerly to Clyde Place. 258 No one appeared in favor or in clared closed. Hearing was declared open upon from East Street a distance of 503 Emerson Road. No one appeared in favor or in clared closed. Hearing was declared open upon Lane from Lincoln Street a distance easterly to Birch Hill Lane. No one appeared in favor or in clared closed. Hearing was declared open upon from Pleasant Street a distance of erly to the limit of the previously No one appeared in favor or in declared closed. opposition and the hearing was de- the proposed layout of Maureen Road feet, more or less, southerly to opposition and the hearing was de - the proposed layout of Pheasant of 1066 feet, more or less, north - opposition and the hearing was de - the proposed layout of Worthen Road 2069 feet, more or less,'northwest- accepted portion of Worthen Road. opposition and the hearing was The meeting adjourned at 8:15 p.m. SELECTMEN'S MEETING February 23, 1972 A Regular meeting of the Board of Selectmen was held in theSelect- 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 in the insurance certificate. The Board will be requested to sign the contract next Monday evening. 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 a monthly rate of $260 for seven months, and a Building Engineer atthe 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 intentis to appropriate new funds. , Mr. O'Connell informed the ,Board that applications for permits for booths on. April 17 are beingreceived and shall the Town Manager pro- ceed as in past years to approve the permits? Upon motion duly made and seconded, it was voted that the Town Manager. shall- approve applications for permits for refreshment booths on Patriot's' Day, April 17, 1972. Chairman Cataldo read a petition from residentsrequesting 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 playgroundsfor little Fattier tots in the area. Avenue Upon motion duly made and seconded, it was voted to refer it to the Recreation Committee for a recommendation. 259 Wood St. Trunk Sewer E.E.A. Booths April 17 Chairman Cataldo read a letter from Sateri a le & Prelack, Inc., in opposition to the proposal.of the Saddle Club Area Swim Club to pur- chase a parcel of Town -owned land. Chairman Cataldo: As j understand it,this Town Meeting Article is being withdrawn, but as a Citizens',Arti,cle,.they would have to go to Town Meeting to do it. We shall answer the letter and inform Mr. Prelack. 1The Board agreed. Chairman Cataldo read a letter from Mayor White of Boston request- ing support of House Bill 3242, an Act designating the Metropolitan Article Saddle Club Pool Fluorida- tion H3242 260 A.A.A. Town Mgr. Bond Zoning Article Bedford Street 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 intentkfthe Bill, but to withhold a letter supporting this until © 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 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. Upon motionduly made and seconded, it was voted to approve the 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. Bedford Street from its present CH zone to CG general business district. The Board 'agreed -to inform Attorney Darman that this is an Arti- 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 requested it. Chairman Cataldo read a request from the Group Insurance Commission for formal acceptance of Section IIE, G.S. C32B (Retired Teachers) - Transfer of insurance coverages of presently retired municipal teachers andjor teachers upon their future retirement out of local group into one statewide group administered by this. Commission. Mr. O'Connell: l would like to discuss this with.. the Comptroller 1 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 ii'1'I be held on March 1, 8 and 15. Chairman Cataldo: We should discuss the recommended schedule of Town Meeting dates. The first session is on March 20 at 8:00 p.m. 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 Meeting schedule be March 20, March 22, March 27, April 3, all meetings to start at 8:00 p.m.; to eliminate the meeting on March 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 noh,recommend a traffic officer be posted at the intersection as, 1. This would.create a precedent and similar demands for other 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. Teachers Group Insurance Town Meeting Traffic Bedford & Eldred Streets G6G ,Bicenten- nial Committee ORT Day 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'beick 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'fhe difference in the final analysiswhen they do consider our'reguesP... l�h Riffln: 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 wes that 11100 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. Riffin: 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 Bedfotd 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 few 'the installation of a traffic control signal at the intersection of Bedford Street and Eldred Street. Chairman Cataldo informed the Board that Mr. Kingston-1-toward'had reported on a meeting of the Bicentennial Committees of the surrounding towns on February 17 in EstabrookHall. A resolution was voted calling for a joint meeting with a representative of`each town or city on or before April 1, 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 Chairman of the Board of Selectmen of the Town of Lexington or his appointee, and assume the responsibility of cemmurfl a - ting this resolution to the respective communities. Mr. Howard is to draft aletter 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 Lexington. Upon motion duly made and seconded, it was voted to authorize' the Chairman to sign the proclamation declaring March 15 as ORT. Day in Lexington. 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 and. at that point we will be making a partial taking. There are.two problems to resolve before a final determina- tion is made. We havelandlocked about 5 acres of land, 24 acresof each parcel, and.we should be prepared to talk with these people. The next step is to draw the orders of taking. Itis 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 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 Commission nominations have been sent to the organizations. 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 person. After discussion of matters pertaining to land and water, it was voted td 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: Executive Clerk, Selector 263 Lexington Burlington Strip Spring St. Youth Commission Executive Session 264 Red Cross Proclama- tion 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 Busa; and Mrs. Riffin; 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- ceivedfrom the Red Cross to sign the Proclamation declaring March as Red Cross Month. Upon motion duly made and seconded, it was voted to authorize: the Chairman to sign the Proclamation declaring March as Red Cross 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 1 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 (GSW) 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 Hanes. 1 Iftr 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 matte 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 IIE. 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- ning to deliver and erect in Lexington. In his judgment, in order to conform with the Lexington building codes, a significant amount of factory- inspection will be necessary. On a trial.ba.sis+,::;h.: recomine1 d 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. Riffin: In this case, the trip to New Hampshire would.be included in the $50? Mr. O'Connell: Yes; this is the total cosh 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- ceived for the appointments to the Advisory Committee to study the extension of historic districts in Lexington. Pre -fab Homes Comm. on Extenison Hist. Dist. 266 Snow Plowing Cert. of Incorp. TOPICS Plan A.B.C. Traf f i c Allen & Stedman Sts. Upon motion duly made and seconded, it was voted to appoint the following members to the committee on the Extension. f Historic Districts in Lexington: Allan F. Kenney, Chairman,, 10 Frost Road Eric T. Clarke Ralph H. Hall Donald J. Shaw Paul MacKenzie 29 Moon Hill Rd. 1656 Mass. Avenue 6 Barrymeade Dr. 13 Maple Street Board of Selectmen Planning Board Chamber of Commerce Historic Districts Comm. Town Meeting Member Asso. Chairman Cataldo read a letter from Dr. Carl Cahzanelli, 21 Heritage Drive, requesting assistance in obtaining snowplowing services for Heritage Drive. Upon notion 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 character of Carol and John Dacey, 37-Woodcliffe Road, who have ap- 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- mended Type II Network; comments from the Board are requested if 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 Commission regarding a public hearing on March 20 on the proposed repeal of Commission Regulation No. ISB."Hotels and Restaurants shall not on:-:Sunda'ys,after.li00 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 stating that the Police Department and the Principal of the Frank- lin School have studied problems and hazards which arise from the present traffic pattern and involve several points of conflict c:,w 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 Allen Street Southerly Waltham St. 564' Easterly Stedman Road Westerly House #12 Southeasterly 'to Allen Street Alien Street Northerly Stedman Rd. Westerly to Waltham Street Chairman Cataldo read a report from the ing the request of Craft Cleansers for a "No area. The report states that the Town owns wide passage between Craft Cleansers and the '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 . the above strip being redesignated as "No Parking - Loading Zone". 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 come 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. TYPE PARKING No Parking No Parking No Parking Traffic Committee regard - Parking - Loading Zone" 5 feet of the 30 feet - rear yard of the block of 267 Craft CIeansers 268. 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 inifront 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. Riffin discussed the campaign rules sent out by TMMA relating to restrictions on political signs at the polls, and that a permit is required from the Board of Selectmen.. Mrs. Riffin: 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 our past practice of allowing people to hold signs, and allow them to have signs on cars, 150 feet from the polis. 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? ren". 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 foradver- 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. Riffin: 1 have also been asked abbuf signs (*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 law and within th'e 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. -1 don't know what the Fire Department regulations are. Mrs. Riffin: 1 would like to know what the policy is in the Fire Station lot and have it in the newspaper. 269' 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 Cataido: 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:1Aeeting Room. 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 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, Selectmen Executive Session 270 SELECTMEN'S MEETING March 6, 1972 A regular meeting of the Board c4 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, Busa, and Mrs.• Riffin; 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. 1 27 Chairman 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. Upon motion duly made and seconded, it was voted to refer the letter to the Traffic Committee for a recommendation. Parking Meriam St. 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 Property Tax Exemptions be completed. This agency has been directed bythe legislature to study and report on the feasibility of the 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 primarily. to 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 1. WRchelman stating that he could meet with the Board to discuss scattered sites proposals. Mrs. Riffin: LCSR reviewed the four points set forth by Mr. Michelmen and they approved, in essence, the points that he made on 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. Real Estate Exemptions Tax Study Scattered Sites Article 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 $1 M for reimbursimg cities and towns for the Commonwealth's share of the cost of installation of traffic control devices at high accident locations. To establish a More iquit- 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 anopen 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. Riffin 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 gettingsnow removal so that children can cross safely to school. Last year and. Snow 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 $aper- 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'wi.th satisfactory answers. The Board agreed that Mr. Franklin is to meet with Mr. .O'Connell to discuss th'e 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 IL, Scouts 1972. Due to the work schedule, no member of the Board is able to; attend. Upon motion duly made and seconded, it was voted to certify the character of Herbert S. Kassman, 5 Stonewall Road, who has applied for Certificate of Incorporation "Norumbega Foundation, Inc." Upon motion duly made and seconded, it was voted to approve the bond for Constable John J. Shine, Jr. in the amount of $3,000. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on November 29, 1971, 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 of 93 returns, with no answer to a question being counted as if the respondent had checked "neutral".) 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 11 would not grant easements. Perhaps surprisingly, there was no agreement as to which side of the street should have 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. Cert. of 1ncorp. Bond Constable Minutes Spring Street Report 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 feedings 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, l 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 1 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 himand after the study is pre- pared to have the preliminary hearing. Chairman Cataldo: When wi11 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 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. Riffin 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. Riffin nominat- ing Allan F. Kenney as Chairman. Upon moti.on.duly made and seconded, nominations were closed. Upon motion duly made and seconded, the Clerk cast'one 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: 22))44 c. Executive Clerk, Selectmen Reorganiza- tion of the Board 276 Pole Dewey Road Jurors Bonds Town Clerk Tax Collec- tor Water Abatements 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. Riffin; 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 said that the petition was at the request of the former owner, Mr. Duckman, of 2 Dewey Road who wished the relocation of the pole in order 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' VD 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: Emile W. Singelais 14 Scotland Road Allen F. Laudenslager 77 Emerson Gardens Upon motion duly made and seconded, It was voted to approve the bond for the Town Clerk in the amount of $2,200. Upon motion duly made and seconded, it was voted to approve the bond for the Tax Collector in the amount of $124,400. Upon motion duly made and seconded, it was voted to approve the 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. Upon motion duly made and seconded, it was voted to sign Auctioneer licenses for: Robert N. Cann William A. Sennott. Elaine S. Myers Harry J. Myers 48 Hancock Street 10 Douglas Road 27 Outlook Drive 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 is to set the date for the hearing. Upon motion duly made and seconded, it was voted to set the date for the hearing on March 27, 1972 at 7:00 p.m. on application of Lexington Enterprises, Inc. for a transfer of Common Victualler Liquor License from Anthony Beviiaqua, 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 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 Street, a distance of 395 feet, more or less, to existing 8 inches. Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on: York Street York Street Bridle Path Valley Road; from Grant Street a distance of 545 feet, more or Tess, to end of York Street acceptance. from end of private way a distance of 140 feet, more or Tess, to house 039. from Pleasant Street a distance of 440 feet, more or less, westerly to house 018. from limit of Valley Road acceptance northerly to 150 feet, more or less. 277 Auctioneer Liquor Transfer of Anthony's Restaurant Permit Water Main Sewer Construc- tion Orders 278 TOPICS East Street North Street Revere Street Wingate Road Larchmont Lane Hill Street Hill Street Leeland Terrace from Emerson Road a distance of 2547 feet, more or less, to Lowell Street. from Adams Street a distance of more or less, to house #113. from numbers 7 and 8 to numbers a distance of 770 feet, more or B & M R.R. 177 feet, 21 and 22 less, at from Leeland Terrace a distance of .200 feet, more or Tess, easterly. from house #I5 a distance of 460 feet, mere or less, to Revere Street. from Diana Lane a distance of 365 feet, more or less, northeasterly. from Cedar Street a distance of 665 feet, more or. Tess, to easement. 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 sortie instances,. these traffic control devices are frequently Tess 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 1' commence. It should be noted, that the grouping of Project 1 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 1I. 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. The Board agreed to the recommendations of the Traffic Committee 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 Junior Chamber of Commerce to have bleachers for spectators at the 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. Upon motion duly made and seconded, it was voted to sign the proc- 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 meeting. 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. Buse to replace Robert Cataldo, a member of the negotia- ting team with the Department of Public Works Union, Local No. 1703. Mr. O'Connell is to serve with Mr. Buse. Mr. Kenney and Mr. O'Connell are to continue to serve on the negotiating team with the Police Betterment Association. 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 belongs to the Conservation Commission to put these together as a package; if he is willing to spearhead the project, we would be willing to put one of our Board members on to assist him. Upon motion duty 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. 2 79 April 19 Bleachers. Easter Seals Appoint- ments Union Negotia- ting Teams Conserva- tion Land Articles 280 Drug Committee Town Office Building Committee Extension of Hist. Dist. Comm. Tax Study Committee Bicentennial Conan i ttee Meeting • Appt . Mystic Va I ley Mental Health Approp. Sewer Construc- tion Upon motion duly made and seconded, it was voted to appoint Natalie H. Riffin a member and Chairman of the Drug Advisory Com- mittee. Chairman Kenney informed the Board that since the Town Office Building is completed, the Committee'should be dissolved. Upon motion duly made and seconded, it was voted to dissolve the Town office Building Committee and to instruct the Chairman to write a letter of appreciation to the members. Upon motion duly made and seconded, it was voted to appoint Sanborn C. Brown a member and Chairman of the Committee to study the Extension of the Historic Districts in the Town. Upon motion duly made and seconded, it was voted to appoint 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 Board call a meeting for April 6 and invite a representative of all cities and towns which had taken part in the events of 1775. The 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 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 vete to adjust the figure for the Mystic Valley Mental Health appro- priation. Upon motion duly made and seconded, it was voted to approve the recommendation to Town Meeting under Article 27 for the appro- 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 this work is contained in Article 20 of the -1971 Annual Town Meeting Warrant -Sewer Lateral Construction. The three low bidders were Grandview Contracting Inc., $104,559.50; Nicholas J. Bonanno,• $107,471.30; T.D. Sullivan & Sons Co., $112,616.95. The Recommend- ation is to award to the low bidder, Grandview Contracting Inc., for' $104,559.50. 1 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 hoped to have a $60,000 budget, but because of the recent snow- 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,$20,000 in the overtime personal services budget. . Chairman Kenney said that Mrs. Vohl of 27 Partridge Road can- celled her.appeintment with the Board this evening to discuss the Needles'.report on Town .highways. The Board agreed to request comments from the Planning Board on the_effect on Route 2; also to talk with Representative Cole for his comments. Mr. Bailey informed the Board that residents of the Eldred Street area have reiterated their interest in having a representative accom- pany us to the meeting with the State Department of Public Works to discuss a traffic signal. They raised the. question of the lack of a policeman in the evening at Bedford and Eldred Streets. I explained that the situation is being reviewed by the Police Department. Has there been any change? Mr. O'Connell: No,;the feeling of the police is that most of the traffic coming off and going on Eldred Street turns right. Captain Lima is to watch it for a few weeks and if this is not the case the understanding is we.would have to add an officer in the evening. Chairman Kenney: We have received a reply. from the State DPW that we could arrange a meeting to discuss the situation. Mr. Bailey agreed to set up a meeting with the State DPW and a representative of the Eldred Street area is:to accompany him. Mr$. Riffin informed the Board that Mr. Jenkins, subdivider of the Ashley land, met with Dr. Kessler of the Conservation Commission and me and is meeting with the Planning Board. He offered to meet with the Board.to see if we are interested in the two layouts. Mrs. Riffin reported to the Board on the meeting she had attended at the Northeast Region Educational Center in North Andover on March 11 regarding Senate Bill 958 -an Act to equalize fiscal ability for support of schools and other municipal services. There was an open forum and various experts were there. Under the present bill, we get $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 1 percent in the sales tax. 28I. Snow Removal Needles' Report Eldred St. Traffic Signal Ashley- Jenkins shley-Jenkins Land S958 School A. Municipal Reimburse- ment 282 Executive Session Order of Taking -Land Adjacent to Harrington School I also attended the hearing today held by the joint Csmmi tee on Taxation. The Massachusetts League Of Cities and Towns and the'Depart- ment Of Education are in favor of S958. 1 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'fmr Regional Vocational Schools must be kept at the present reimbursement level. Mr. 'Buse:' As 1 remember, Mrs'.'Rlffin was supposed to get'the feeling of 'Mr.' Me I Io -Christensen. ft he in fates' of ' i`tt Mrs. Riffin: He was to call me and 1 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 Board 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 voting on matters which if made public, might adversely affeet the' public security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Tewn, 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 te'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. Upon motion duly made and seconded, it was voted to rescind the vote of February 28, 1972 to adopt the order of taking of a par- cel of land, 4.4 acres off Woburn Street for playground and recrea- tion 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 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 amouft of $13,000 to Benjamin Franklin Homes. Upon motion duly made and seconded, 12:08 p.m. A true record', Attest: it Was voted to adjourn at UJ xecutive Clerk, Selectmen 1 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. Ritfin were present. Mrs. McCurdy, Executive Clerk, waslalso 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 Easement northeasterly to a distance of 180 feet, more or Tess, northeasterly of the centerline of Mill Drain Easement. 283 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 Meriam Street. Layouts Emerson Road from a distance of 140 feet, more or Tess, 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 Tess, 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 Tess to end. Dudley Road from Goffe Road a distance of 901 feet, more or Iess, southeasterly to Philip Road. Goffe Road from Worthen Road a distance of 777 feet, more or Iess to Philip Road. 284 Denny's Restaurant Executive Session 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, mere 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 Bedford Street. The hours of operation have been set by the Board of Appeals for 6:00 a.m. to 11:00 p.m. Does the Board have any abjection 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 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 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 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, Buse and Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Bailey recommended that the Town Manager become a Town Meeting Member -at -Large. The Board agreed this should be taken -care of before the next Town 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 Chevrolet if Article 4 is enacted as, under this Article, we have asked for $15;000 for seven vehicles, six cruisers and one unmarked car. We received o:good trade-in and it will be just under $2,000 a cruiser. Mr. O'Connell informed the Board of a coMmunication 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 on.file;'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. Upon motion duly made and seconded, it was voted to amend the Rules and Regulations of the Lexington Police Department, Rule 23 - Weight Requirements, adopted by the Board of Selectmen on August 14, 1967 and effective on September 1, 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. Height Weiaht Height Weight Min. Max. Min. Max. 5'7" 135 177 6'1" 160 205 5'B" 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 285 Town Mgr. TMM- At-Large Police Cruisers Police Regula- tions 286 Snow Removal Denny's Restaurant Common Victualler License Hanscom Field Spring Clean-up Projects Abatement 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 March 14, 15 and 16 have added another $800 which includes about $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 itemand 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.: The premises have been inspected and approved by the Board of Health. Under the permit of the Board of Appeals, the hours of operation are 6:00 a.m. to 11:00 p.m. for seven days a week. Upon motion duly made and seconded, it was voted to sign and 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 11:00 p.m., according to the:com- 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 Massachusetts Port Authority for certain aircraft apron and service road improvements at Hanscom Field. The Board agreed that a reply is not necessary. Chairman Kenney read a request from the U.S. Environmental Protection Agency for two designees, a male and a female, from Lexington, to help in setting up local projects to,improve the envi.'r 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 request of the Collector of Taxes to rescind the dote 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. 1 281.;. 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 March 8, 1972. Minutes Chairman Kenney read a request from the Lexington Lodge of Elks for an extension of hours -under their Club Liquor License for Patriots' Day, April 17, 1972, from 1:00 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. 1:00 p.m. to 12x00 M. Upon motion duly made and seconded, it was voted to aothorize the Chairman to sign the Liquor Identification Card for Michael L. Hurley, I.D. Card 4 Carvi1lo 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 1 on the agenda was a review of the Type 11 roads as recom- mended in the areawide TOPICS, plan. Only 1 -4,p -ell (or higher) classifications are eligible for federal assistance under TOPICS and other improvement programs. 1 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 opposition, while 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 11 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 11 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 11 designation. At Mr. Grove's (Mass. DPW) recommendation and to con- form to Type 11 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 Westininister 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 Aird Secondary highways. TOPICS 288 Dewey Rd. Pole -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 includedin the letter to the Technical Advisory Committee of the Boston Metro- politan Area Transportation Study: 1. 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 thane channelization and intersection 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 Protect 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, ie. 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 petition to relocate one pole on Dewey Road; hearing was held on 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- cie 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. Buse declared that if an agreement is not reached on the Pinatd land negotiations, he will move for indefinite postponement; we have yet to sit down with the Pinards. Upon motion duly made and seconded, it was voted to adjourn at 7:35 p.m. A true record, Attest: Executive Clerk, Selectmen Pinard Land 290 Board Meeting 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. Riffin; Mr. O'Connell, Town Manager; Mr. McSweeney, Town Engineer end Acting Superintendent of Public Works; Mrs. McCurdy, Executive Clerk, were present. The Board agreed to meet on Tuesday, April 18, because of the 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 'tile 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: Executive Clerk, Selectmen 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, Buse 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 Melvin M. Kornbliet Fredric B. Fletcher James G. Burns John E. Kinney Clinton P. Weldon 23 Locke Lane 74 Burlington Street I Coach Road 518 Lowell. Street 11 Preston Road as follows: 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 on Waltham Street; they have been in this area about 17 years and have a good reputation. The motive of the seller is not:very often a part of the items to be considered but 1 might mention the only 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 plant() spend $25,000 to $50,000 in remodeling. We are dealing with responsible people with experience. 1 hope you will 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 291. Jurors Lexington Enter- prises, Inc. 292 personal property. In addition, it will be necessary to pledge this stock to run the business as part of the transaction. As 1 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-loe 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, jn 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: 1 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 investigationre-_ 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: 11:00 a.m. to 8:30 p.m.; the license is for 11:00 a.m. to 11:00 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 wi11 take the matter under advisement. 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 Bailee 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; 1 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 Ballou, 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 would ask the Board to sign the order with the reservation that I have not reviewed the plan. Upon motion duly made and seconded, it was vo*ed 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 1, from 12:00 N. to 11:00 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 before 9:00 a.m. on the day before and it will be cleared out by July 5. The fireworks on the evening of July 3 wotl'dlt be later than 9:30 p.m. and on.Jtl',.1y,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. 1 recommend and urge the right to revoke the permit if the safety of the public should be endangered. Titelbaum Taking Carnival July 4 294 Chairman Kenney: Generally speaking, do 1 understand you re- 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:l;,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 evenings. 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. Executive Session 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 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: Exe utive C Clerk, Selectmen 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. Riffin; 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. Upon motion duly made and seconded, it was voted to appoint the following as Special Police Officers for a term expiring on March 31, 1973. ACHESON,.Eugene A. ADAMS; Adam A. ADAMS,..Bertram H. Jr. ANDERSON, Carl ANDERSON, George D. BAILEY, Fred C. BAKER, Raymon C. BALLOU, Sidney R. BARNES, Raymond B. BARRETT,•Elliott J. BARRY,George C. BARRY, John M. BELCASTRO, Francis BELCASTRO, Frank BENTLEY,, Thomas F. BERBERIAN, Mark BERNIER, Arthur T. BLUTEAU, Joseph BROWN, Otis S., Jr. BROWN, Sanborn C. BRUCCR1, John W. BUSA, .Alfred S. CARLSON, Norman C. 'CASEY, William P. CATALDO, James CATALDO, Robert COLE, Lincoln P. SPECIAL POLICE OFFICERS Expiring March 31, 1973 2634 Massachusetts Ave. 23 Charles Street 127 Wyoming Avenue 41 Ledgelawn Avenue 3 Corcoran Rd. Burlington 48 Coolidge Avenue 14 Stratham Road 38 Highland Avenue 59 Gleason Road 23 Minuteman Lane 36 Forest Street 34 Forest Street 174 Wood Street P.O. Box 332 264 South Road, Bedford 61 Rayenwood Rd., Waltham 54 Baskin Road 21A Flint St., Somerville 3 Bond Road 37 Maple Street 2 Saran Ave., Bedford 38 Circle Road 329 Marrett Road 1063 Mass. Ave. 43 Rindge Avenue 14 Aerial Street 16 Hill Street e) Special Police Resident Resident M.I.T. Lincoln Lab. Civil Defense Police Cadet Selectmen Resi dent Resident Resident Resident Resident Resident Firefighter Dog Officer Custodian Police Cadet Resident School Dept. Resident Selectman Firefighter Selectman Police Cadet School Dept. Firefighter Resident State Rep. 296 CORR, Steven A. CORR, James F. III CONNOLLY, Charles E., Jr. DeFELICEr. Dominic J. DEL'FINO, Nicholas J. DOOLEY,'Henry W. DOUGHTY, George, Jr. DRISCOLL, Robert V. EMERY, Alan ERNST, Karl EWERS, Joseph E. FLAHERTY, John W., Jr. FREEMAN, George' GALLAGHER, Edward T. GILMAN, Edward M. GOODFELLOW, Arthur L. GOULART, Edward G. HADLEY, Herbert R. HRUBY, Albert W. HURD, Richard G. JACKSON, Lee B. JEFFERSON, Charles E. JONES, Cecil KELLEY, Kenneth P. KELLEY, Kenneth Jr. KENNEY, Allan F. KENNEY, Walter T., Jr. MacLEAN, Ralph D. MARSHALL, Joseph MAZERALL, Paul McCARRON, Francis McDONNELL, Edward T. McSWEENEY, John J. MERCER, Charles R. MICHELSON, Richard MULLER, Eugene T. MULLER, Leonard E. 8 Park Street 8 Park. Street 67 Cedar Street 17 Larchmont Lane 1 Forest St. Stoneham 77 Baker Avenue. ' 75 Pau1.Revert Road 30 N. Broadway, Haverhill 441 Lowell Street 37 Eldred Street 12 Old Coach Rd., Weston 4 Spencer Street 13 Grant Street, Concord 8 Spring Lane, Maynard 56 Bloomfield Street 12 Edge Street, Ipswich. 6 Rindge Terr., Cambridge 6 36 12 Fern St., Chelmsford Williams Road Loring Ave., Maynard 62 Bow Street 8 Alcott Road 36 Woburn Street 49 Earle Street 54 Ward Street 10 Frost Road 16 Dane Road 9 Spring Street 110 Woburn Street 20 Wilson Road 5 Hillside Terrace 62 Elm Street, Bedford 99 Cedar St., Braintree 6 Park Street 54 Asbury Street 24 Ewell Avenue 19 Fairbanks Road NUTT, Alfred 45A O'CONNELL, Walter C. O'LEARY, Joseph R. ORMISTON, Wallace W. Ridge Road 57 Emerson Gardens 171 Lincoln Street 38 Charles Street Police Cadet Resident Resident Resident School Dept. Resident School Dept. M.I.T. Lincocin Lab. Firefighter Resident M.I.T. Lincoln Lab. Firefighter Police Employee M.I.T. Lincoln Lab. Firefighter Mti.T. Lincoln Lab. M.I.T. Lincoln Lab. M.I:T.:Lincoln Lab. Resident M.I.T. Lincoln Lab. Police Dispatcher Civil Defense Civil Defense Town Employee Firefighter Selectman Resident Resident Firefighter Park, Supt, Firefighter Gary Library Town Engineer Resident Resident.. Firefighter Firefighter School Dept. Town Manager Police Cadet School Dept. PEKINS, George PEZZULO, Michael PRESCOTT, Robert REDMOND, James F. RIFFIN, Natalie ROOMEY, Joseph 0. RUSCAK, Richard RYDER, Howard D. SAMUEL, Frank T., Jr. SAUNDERS, Robert W. SMITH, Howard A. SPELLMAN, Walter SPIERS, William L., Jr. STEVENS, Edward P. STEVENS, Raymond STUCKE, Alden F. SULLIVAN, Thomas SWAN, Duncan F. TOTNIAN, Frank H., Jr. TRAM, Joseph A. WEISINGER, Wallace C. WENHAM, Thomas WHITING, William WILSON, David L., Jr. WRIGHT, Glenn 28 247 2 Chase Avenue Marrett Road Forest Street 9 Ut i ca Street 6 Field Road 222 Waltham Street 23 Copeland St., Walth 2 Wilson Road 8 Burnham Road ;:295 Marrett Road 16 Childs Road 269 Mass. Ave. 185 Lowell Street 4 Chandler St., Salem Treble Cove Rd..Bi.11erica 31 Hancock Street 17 Curve Street 24 Bedford Street 46 Moreland Avenue 11 Slocum Road 193 341 1 67 Bedford Street Francis Road Lowell Street Burnham Road Simonds Road 2'97:; Firefighter' Sc ool Dept. Rei dent Fi efighter Se lectwoian Re ident Police Cadet M.I.T:Lincoln Lab. Re- ident Resi dent Re ident Fi e Chief M.I.T. Lincoln Lab. Sc ool Dept. Sc ool Dept. Re ident School Dept. School Dept. Resident Resident Resident Asst. Supt. Public Wks. Firefighter Civil Defense 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. , Chairman Kenney: Traditionally, they have very well supported us in the April 19 parade and they often support us in other parades. It is a local organization and 1 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 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. They will be available for the morning parade and there will be no charge to the elderly at the afternoon parade and admission wi11 be charged on a reserved basis for the other half of the. bleachers. 1 Permit April 17 Bleachers Apt i 1 17 298 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 erract , 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 cn 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- enactmen'l- mission to the Lexington Minute -Men, Inc. for the reenactment'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 passibility 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. 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 11:30 a.m. The Dog Officer in- vestigated on March 22 at 11:45 a.m. and confirmed the complaint. Mr. Buss: At the hearing on November 15, 1971, Mr. McDade 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 "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 abatement for Richard Townsend, 7 Mowers Road, in the amount 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 of $3,000. Chairman Kenney read a letter Street, regarding the problem with and requesting more traffic contro intersection of Meriam Street, Oak The Board agreed to refer the also, to request Police Chief Corr safety raised by Mrs. Cadle. from Mrs. Julie Cadle, 15 Meriam all day parking on Meriam Street 1 in the area, especially at the land Street and Patriot's Drive. letter to the Traffic Committee; to report on the questions of 299. McDade Dog Cert. of 1ncorp. Water Abatement Bond Meriam Street 300 Article 92 Chairman Kenney read a letter from Attorney Stephen Russfen 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 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. Riffin: 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 McAuley, Golf Range 4 Lexington Avenue, regarding a proposal to construct a golf prac- Hartwell tice range on one portion of the Hartwell Avenue Sanitary Landfill. Landfill 'Upon motion duty made and seconded, it wes voted to refer the proposal to the Town Manager for his recommendations, and to so inform Or. . McAu lay. 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. LCSR Minutes Chairman. Kenney read a letter from Mr. Frank I. Michelman informing the Board of the dissolution of the Lexington Civil 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 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 :iot. Upon motion duly wade 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 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 10:15 a.m. A true record, Attest: 301 Executive Session Executive Clerk, Selectmen 302 SELECTMEN'S MEETING April 3, 1972 A regular meeting of the Board of Selectmen was held in the Selectr 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. Riffin; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Legro informed the Boardthathe 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 Tots 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 fora moderate price and it Site could be kept in a Iow moderate range. The occupant would be as proposal listed 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 bescan'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. Mr. Buse: Why -would you want to take this avenue? People could buy then 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 $electrnen 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 1 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. Mr. O'Connell: Mr. Irwin, Building Inspector, investigated this and is to discuss it further with the manager of Denny's. If they 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- vised by the Secretary of State regarding the ballot. We are going to have to provide substantial quantities of polling booths, and this expense is an obligation of the Selectmen. 1 recommend that we have a 303 Denny's Restau- rant Extra Polling Booths 304 Engineer- ing Salary booth designed that would be reasonably economical. 'Tilers 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. 1 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. Mr. O'Connell requested the Board to approve the annual salary of Engineering Aide McGrory in the amount of $6,800. He explained 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 satary'for'Engineering Aide McGrory 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 aturday, 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 1:30 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 1 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 alt. Of those, the junction of Hartwell 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 setup 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, 913 Waltham Street, for a Common Victualler License. Upon motion duly made and seconded, it was voted to sign the 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. Buse, owner of abutting lot 38, in the amount .of $3,500, with the restriction that the lot must be combined with an existing lot. Mr. Buse was recorded as not participating or voting on the matter because he is a member of the family. 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. Blisa 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. Buse, 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. Buse abstained. Chairman Kenney read a request from Rev. Peterson regarding a parking problem which exists on Massachusetts Avenue in front of the First Baptist Church. The Children's Center of Lexington operates a_day care program in the building and the request is for three or four spaces tO 'be designated as a loading zone or No Parking from 7:00 to 9:00 a.m. - Monday through Friday, Upon motion duly made and seconded, it was votedto refer the request to the Traffic Committee for a recommendation. Upon motion duly made and seconded, it was voted to sign the Auctioneer's License for Ralph Cataldo, 157 East Street. 305. Brewster's Com. Vitt. License Busa Lot - Rockville Avenue Parking First Bapti-St Church Auctioneer's License Presidential Primary Board of Appeals Associate Members Board of Appeals Town Celebra- tion Com- mittee Fence Viewers Reg i st ra r of Voters 6ammell Legacy Income Stanxdi ng Plumbing & Bldg. By -Law Committee Executive Clerk Upon motion duly made and seconded, it was voted to for the Presidential Primary on Tuesday, April 25, 1972, to 8:00 p.m. set the hours from 7:00 a.m. The Board discussed the annual appointments. Upon motion duly made and seconded, it was voted to reappoint 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 Board of Appeal's Mr. Brown: We ought to have a lawyer end.1 would suggest the name of Eric Lund. 1 think there should be a turnover. 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. Riffin and Mr. Brown voted in the negative. Upon motion duly made and seconded, it was voted to reappoint the following members of the Town Celebrations Committee for three year terms expiring April 30, 1975: Mrs. Eleanor B. Litchfield Mrs. Thelma Reed, Mrs. James F. Fenske. Upon motion duly made and seconded, it was voted to reappoint the following Fence Viewers for the Town of Lexington for terms expiring March 31, 1973; Rev. Harold T. Handley, Louis A. Zehner. Upon motion duly made and seconded, it was voted to reappoint Reed Kingston Taylor a Registrar of Voters for a three year term expiring March 31, 1975. Upon motion duly made and seconded, it was voted 1!o reappoint James E. Collins a Trustee of the Gammell Legacy Income for a one year term expiring March 31, 1973. Upon motion duly made and seconded,, it was voted to reappoint the following members of the Standing Plumbing and Building By -Law Committee for three year:terms expiring April 30, 1975; Carl Henry Erickson and Richard W. Souza. Upon motion duly made and seconded, it was voted to reappoint Eleanor M. McCurdy as Executive Clerk of the Board of Selectmen for a term expiring March 31, 1973. 1 Upon motion duly made and seconded, it was voted to reappoint Richard M. Perry as Comptroller for the Town of Lexington for a three year term expiring March 31, 1975. Upon motion duly made and seconded, it was votedi;o.reappoint Gaynor K. Rutherford a Trustee of Public Trust for a six year term expiring March 31, 1978. Upon motion duly made and seconded, it was voted to reappoint John F. Cogan, Jr. a member of the Bridge Charitable Fund Committee for a three year term expiring March 31, 1975. 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 Tetter from the Architect of the Supcem® Council of the Scottish Rite Freemasonry requesting approval of the proposed relocation,of.the entrance on Marrett Road; a print of a site plan for the pcoposedr..museum complex was enclosed with the 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' Article). Mr. Kenney, Mr. Bailey and Mr., Buse were in favor of Article 79; Mrs. Riffin and Mr. Brown were not in favor of the Article. Mr. Kenney, Mr. Bailey and Mr. Buse were hot in favor of Article 98; Mrs. Riffin and Mr.`.Bcown were in favor of the Article. The Board agreed on indefinite postponement of Article 55 - Porter Porter Land. Article 307 Comptroller Trustee of Public Trust Bridge Charitable Fund Scottish Rites' Plan. Battle Green By -Law Articles 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 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 Executive Session 308 Permit Concord Parade Butterfield Pond Easement 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. Riffin; 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, 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- cipate in the Concord Patriots' Day parade on Wednesday, April 19, 1972 at 9:00 a.m. - Mr. Busa and Mr. Brown will make every effort to attend. Chairman Kenney informed. the Board is unable to be at Town Meeting on Apri recommend that Town Meeting not be held following Wednesday. The Board agreed to recommend that April 10 and April 12. that Town Moderator Cole 1 10; Mr. Cole is going to on that night but on the Town Meeting be held on Chairman Kenney read a memorandum from the Town Engineer re- garding Article 92 - proposed abandonment of *.Towage rights on Parcel 1 of a plan showing lands at Butterfield's. Pond fora flood retarding basin. Mr. MCSweeney states that he has reviewed the department's records and inspected the area concerned; he believes the Town is no longer in need of the drainage .and flowage rights for Parcel 1. 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. 309 The Board discussed the appointments to the Drug Advisory Com- mittee. Upon motion duly made and seconded, it was doted to reappoint Drug the following members of the Drug Advisory Committee for a term Advisory expiring March 31, 1973: Mrs. Natalie H. Riffin, Chairman; Dr. Committee Charles E. Ellicott; Dr. Jack H. Monderer; Mr. Irving H. Mabee; Mr. Sumner E. Perlman. Upon motion duly madeand 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. 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. Executive Session 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 1, 1977. Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record, Attest: 1 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. Bust) abd Brown, and Mrs. Riffin; 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; 1 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. 1 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. 1 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 tb_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. 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. Wellook 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. Samoylendo: Yes. Mr. Eisenberg: According to Town Meeting, restaurants now come under the Board of Appeals. Mr. Busa: You would not provide extra parking? It would tax the facilities there now. I am not against peoplespending for more revenue for Lexington, but you know it is taxed over and above what we now have. 1 wonder if there is a possible way to get parking underground. Mr. Eisenberg: There is no possible way to provide underground parking. 1 do not feel an entrance on MuzzeyStreet would be satis- .fac-t ry 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 the. shops open during the day would put an undue tax on it during the day. Mr Buse: 1 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 Association of 1840 Massachusetts Avenue, Lexington, Massachusetts. This pledge is to secure a note of the said corporation to the bank. This note will, additionally, be secured byaa 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. 311' Lexington Enterprises, Inc. 312 Mr. Legro: 1 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. DPW Mr. O'Connell requested the Board to vote to authorize Mr. 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. 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,. 1 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: 1 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 doted 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 ,,tootrans- fer such Shares of stock from themselves to the corporation, Busa Oros. Liquors, Inc., 131 Massachusetts Avenue, Lexington, Massachu- setts, to be held by said corporation as treasury•;stock; and to approve the request for permission to Busa Bros. Liquors, Inc. to purchase the stock of Daniel P. Busa and Catherine P. Buse. 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 1 as shown on a plan entitled "Plan Showing Lands at Butterfield's Popd for a 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. 1. 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. 31.3,; Busa Bros. Inc. Transfer of Stock Article 92 314 Abatements Traffic Fottler & Cliffe Aves. Permit C.A.T.V. Permit 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 Paul Lingard 245 East Street 212.10 Wrong Bilitng Abatement of Sewer House Connection: Thomas Preziosi 12 Lockwood Road 31.31 lncorrect quanti-•; ties billed Chairman Kenney read a request from Mrs. Arline A. -Burns, 37 Cliffe Avenue, for Stop sign and Slow -Children sign in the area of. Fottler and Cliffe Avenues. 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 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 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 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'Conneil had discussed the permission granted to the National Guard to use April 17 the Barnes property on April 1/ and we thought it might be best not National tohave 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: ecu+iw Clerk, xecutive Clerk, Selectmen 3'1.6 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. Riffia;' 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 $_I,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 wi11 not be available until July 1. 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 Harvard Trust Company New England Merchants National Bank $800,000 2.70% 350,000 2.75% 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 preli,. inary plans for sewer construction. Building Permits Mr. O'Connell informed the Board that the Building Inspector re- ceived and granted an application for the remaining 4 -building complex, section 3 of Emerson Gardens. The. significant thing is that the 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 Profit -oriented basis and they would still like permission to take out all records, including some that had already been microfilmed, hf 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 Geneological Society of the Mormon Church of the tatter 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,rigfit 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 theintersectiion, do not realize this and delay the traffic. by .stopping in the approach to the right turn lane. The Traffic Committee requests approval of signs indicating that right turns are permitted on red; such signs are for information only and require no amendment of traffic rules or approval of the Massachusetts Department of Public Works. We 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 12 Worthen Road Westerly Stratham Road Lincoln Street Wtprthen Road Easterly Lincoln Street Stratham Road Mass. Avenue Southerly Worthen Road Parker Street Type Parkins No Parking No Parking No Parking 317 Traffic Turns Worthen Road Mass. Avenue 318 Stop Signs Traffic Left and Right Turns Waltham . Muzzey Park- ing Lot Service Zone Chairman Kenney read a recommendation from the Trafflc::Committee 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 07 the following: Street From Regulation Blake Road Camelia Place Coolidge Avenue Edison Way Forest Street Hancock Street Harrington Road Harrington Road Lincoln Street Mass. Avenue Parker Street Raymond Street Stratham Road Worthen Road Worthen Road Worthen Road Mass. Avenue Southeastbound at Burlington Southbound at Bedford Street Southbound at Adams Street Westbound at Depot Square Northbound at Mass. Avenue Eastbound at Bedford Street Eastbound at Bedford Street Westbound at Bedford Street Eastbound at Worthen Road Northwestbound at. Worthen Road Northbound at Mass. Avenue Westbound at Clarke Street Southbound at Worthen Road Northbound at Bedford Street Northeast bound at Mass. Avenue Westbound at' Waltham Street Northeastbound at Worthen Road Street Stop Stop Styli Stop Stop Stop Stop Stop Stop Yield Stop Stop Stop Stop Stop Stop Yield Upon motion duly made and seconded, it was voted that Traffic Rules and Orders of Lexington adopted' by the Board men November 13, 1967 are hereby amended as follows: the of Select - By adding to Article VIII, Section 24, Schedule 08 the following: Location Mass. Avenue Waltham Street Waltham Street Worthen Road Worthen Road Mass. Avenue From Harvard Trust Driveway Worthen Road 120' East Worthen Road 120' West Mass. Avenue 120' North Mass. Avenue 140' South Worthen Road 60' East Required Turn Right Turn Only Left Lane must Turn Left Lane must Turn Left Lane must Turn Left Lane must Turn Left Lane must Turn Left Left Left Left Left Chairman Kenney read a report from the Traffic Committee recom mending the establishment of a service (loading) zone in the unmetered portion of the Waltham-Muzzey Street municipal parking lot to the rear of Michelson's shoe store, Commercial vehicles making deliveries to the Theatre Pharmacy, Michelson's and to the Lexington Savings Bank -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 H. Matheson, Jr., President of the Manhattan Builders, Inc., for a 10 ft. opening in the parking lot fence at the delivery entrance to the Sherwin Williams Store, has been reviewed and the Traffic Committee has no objection; it 'recommends that the Board,give favorable consideration to this request. Upon motion dU'ly 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 to the fact that Marrett Road is a state.highway and, as such, subject to a parking prohibition which may be enforced at any time. The capa- city of the 138 -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 re,Iocation 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. RahiIIy;.2 5 Theresa Avenue, for further traffic regulations at the intersection of Theresa Avenue and Fou ler Avenue. The report states that it is recognized that some motorists drive their cars through this intersection at excessive speed without exer- cising due care. The location and the design of the intersection lead 319 Sherwi n Williams' Delivery Area Scottish Rites Traffic Theresa & Fouler Avenues 320 Youth Commission Conduit Hartwell Ave. and Wood St. 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. The Board discussed the Youth Commission and it was agreed to 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 ot.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- tions set forth by the Town Engineer. Hartwell Avenue: From manhole 54/121, junction of Maguire Road 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 wi1,1 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 intentto 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. 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. Upon motion duly made and seconded, it was voted to grant permis- Sion to the Boston Edison Company for the following location of con- duit: Marrett Road (Bedford Airport Road) at Massachusetts Avenue, a distance of about 15 feet - conduit. Chairman Kenney read a notice from the MBTA of registration for Senior Citizen Half -Fare Passes to be held at the Bedford Town Hall on May 4, 1972 from 1:30 p.m. to 4:00 p.m. Chairman Kenney read a complaint from Mrs. Patricia Wolf, 38 Peacock Farm Road, regarding parking in Bowman Park. Mr. O'Connell informed the Board that he had contacted the Police Department and they have already taken care of the matter. 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- mate on the installation of street lights ready within the week. Mr. O'Connell said that if Boston Edison follows the desired 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 year hereafter. The Board unanimously agreed to support the bill filed by Repre- sentative Cole that Patriots' Day be celebrated throughout the State on April 19; and to so inform the Republican Town Committee and Representative Cole. 321 Conduit Marrett Road Bedford Airport Road MBTA Senior Citizens Parking Bowman Park Street Light Request Patriots' Day on April 19 322 Buse Lot 37 Rockville Avenue 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 Board because of betterments. - Mr. McSweeney said that the lot is not bettered and hasn't been filed but it will be;, regardless of what you sell this lot for, the person who buys it will have 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. 1 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. Buse 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 jointhe organiza- 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 existifg, Charles 2 -inch high pressure welded steel gas main in Charles Street with Street annew welded steel gas main. Simonds Rd. Upon motion 'duly made and seconded, it was voted to grant per- 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. 1 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 three months. The rent is $160 a month and the amount of $480 bad been committed to the Tax Collector. The Welfare Office has moved to Woburn 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, for the hours of operation of 7:00 a.m. to 11:00 p.m. They are now 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 11:00 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. The license is now ready to be signed. The 1972 First Class License for Lexington Auto Sales, Inc. has been turned into this office. 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. Chairman Iaenney informed the Board that House Bi11 1.524 would transfer the authority from the Selectmen to the Department of Public Utilities on all permits for public utilities. The Board agreed that a letter is to be sent to Representative 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 binding arbitration and we wouldn't like the State to take this away 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- tive Session for the purpose of discussing, deliberating or voting on 323 Welfare Rent Abatement Brewster' Hours Patriot Ford, Inc. H 1524 Public Utilities H1598 Firemen Executive Session 324 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 32 i• 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, Busa and Brown, and Mrs. Riffin; 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 ofone pole and one anchor guy on Concord Avenue. . Notices of the hearing were Mailed 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 (1) anchor guy on the southwesterly side. Mrs.LDori-s B. Stone, 6 Shirley Street, met with the Board to pre- sent to the Town a framed insurance policy which covered the Town Hall in 1872. Mrs. Stone: 1 would like to present you with this policy, which 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 1 think it appropriate now to have it in the Town Hall. A policy of the Royal Insurance Company Insurance Policy 1872 32.16 H.A. LeVaux Betterment 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 again 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 the charge to us would be $900. We were not told that the connection 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. Busa: Would the cost of another manhole have been charged in that betterment? Mr. McSweeney: No. 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. After discussion, the Board agreed to inform Mr. Greeley that the National Guard equipment was for display purposes and not a bivouac. The tents were for housing of their equipment and the only persons who remained overnight were two men oho 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. 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. Chairman Kenney: There is a point to bring up here. This is 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 1.s 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. Riffin: 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. Riffin: The idea was to create housing for moderate or low income people. 327: National Guard Equipment April 17 Russo Request 328 Copper Piping Hanscom Field Bamboo Hut Liquor License Application 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. For the information of the Board, Chairman Kenney read a letter 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 for DOT/FAA Airport Development Aid funds to finance certain land 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 jfst,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: 1. Certifiedvote of the. Board of birectors of Bamboo Hut, Inc. to appoint Winchell P.C. Woo, President of the Corporation, to sign the application for the license on behalf of the organization; certi- fied by Daniel G. Yee, Secretary and Treasurer of the Corp. 2. Vote of the Board of Directors to appoint Winchell P.C. Woo, 221 Orchard Street, Watertown, to act as the Manager. 3. Schematic pian 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 shoe 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? 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 I' received a sketch plan that is not suitable for recording. I don't see anything with respect to a plan. You can vote to exeressesthe 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 were W.H. Hughes, Watertown, for $14,315; R.W. LeBaron, Inc., Waltham, for $16,357; Morse Bros. Electrical Co., Inc. for $16;780. He recommended that the contract be awarded to the low bidder, W.H. 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. Mr. O'Connell: I contacted Robyn German, coordinator for Lexington -Winchester and she contacted the School Department and Q3' • Cooke Exercise of Option Award of Traffic Signal Contract Hunger Walk 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 Wealth 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 offthat? Mr. O'Connell: 1'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 office. 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. Mrs. Roy Cook Request for Pension Chairman Kenney discussed Mrs. Roy Cook's request for a pen- sion. She wrote to the Board in March and was asked to submit her financial background. It appears she could well use the pension. Mr. Perry was asked about the status of this type of 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. Mr. Legro: 1 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- sion. 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 Lexington School Committee Recreation Committee Police Department Town Meeting Members' Assoc. Council of Congregations Lexington Educational Assoc. (3 members) Wm:. Diamond Jr. High School Muzzey Jr. High School Senior High School Class of 1973 Alternate Class of 1974 Alternate - Class of 1975 Alternate - Mystic Valley Mental Health Center Re -Place, Inc. Hayden Recreation Center Town Drug Committee Girl Scouts of America Alfred S. Buse John J. Maguire To be submitted Paul E. Furdon To be submitted To be submitted William G. Tapply Santo Marino Bertrand G. Bouchard Roger Prevot To be submitted Jamie Newman Kathy Kenney Lorrain Ferguson Pam Winston Robert Murphy Virginia Comstock Joshua Cochin' Leslie Klane Steve Warshawer Catherine McGraw Peter Clarke Joseph F. Burns Dr. Charles Ellicott Mrs. David Hamblen Boy Scouts of America To be submitted Chairman Captain 3.31 Youth Commission EWOW at High School Principal-Muzzey Jr. High Counselor at High School Student Council 19 Blueberry Lane 10 Frost Road 8 Holton Road 18 Winchester Drive 26 Estabr©ok Road 136 East Street 7 Partridge Road 29 Winchester Drive 11 Tower Road Staff psychiatric social worker at MVMHC actively involved with youth problems. Director of Re -Place, Inc. Dir. - Recreational. Facility Involved presently with youth activities and problems Advisor to Senior Youth Fellowship - Hancock Church 332 Temple Isaiah Youth Organization Church of Our Redeemer Sacred Heart Church Arthur Sharenow,Atty. Advisor - Chairman Youth Committee Mrs. Paul Beaudry Head of Episcopal Young Churchmen 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 negotiation'sphase 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. 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 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 theenforcement 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 manhole 54/88A, to --be built over existing conduit. The Board agreed to hold the request pending clarification of a report from Mr. Coscia of the Public Works Department. Chairman Kenney read a request from the Massachusetts Bar Assoc ciation to proclaim May i as Law Day USA. Upon motion dulymade and seconded, it was voted to issue the 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. N.E.T. & T. Manhole Proclamation Law Day USA 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 Raytheon at 1:00 p.m. and depart at 5:00 p.m. on Wednesday, April 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 the public security, the financial interests of the Town or the reputation of a person. After discussion of issue of financial interest to the Town, it was voted to go out of Executive Session. Brandeis Peace -Action Executive session 334 Building Maintenance Organization Precinct 2 Adams School Election Signs Chairman Kenney informed the Beard that a draft of a letter had been sent to each member regarding a letter to be sent to the School Committee recommending that a study be conducted under the joint 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. Riffin informed the Board that she had been approached by people in Precinct 2 to move the polls from the Adams School to the Bowman School. Sh'e 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 clarify whether it is 150 feet from any entrance which might be used, or the entrance to the polling place itself. Mr. Legro: 1 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. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: Executive Clerk, Selectmen 1 SELECTMEN'S MEETING May 1, 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. 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, four jurors were drawn, as follows: Norman Doelling Martin I. Small Hugh M. Chapin Constantine Samoylenko 6 Turning Mill Road 22 Hancock Street 3 Juniper Place 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, dated October 8, 1971, for Conservation: takings at the Burlington line, under Article 10 of June 14, 1971 Special Town Meeting. He will talk to Mr. McSweeney regarding the date of the contract. Upon motion duly made and seconded, it was voted to sign the con- tract with Joseph W. Moore, Co., Inc: for survey and preparation of pleas for Conservation takings at the Burlington line. Mr. Legro requested the Board to sign the instrument regarding the release of flowage rights on Parcel 1 on the easterly side of Lowell Street, taken in connection with Butterfield Pond; under Article 92 of the 1972 Annual Town Meeting. Upon motion duly made and seconded, it was voted to sign the in- strument for release of flowage rights on Parcel I as they affect Parcel 1 at Butterfield Porid. -Mr. O'Connell informed the Board that one bid had been received on air conditioning the Police Station; four companies had taken out plans and specifications. He recommended that the contract be awarded to Cooling Systems Engineering, Inc. in the amount of $19,677. - Upon motion duly made and seconded, it was voted to award the con- tract for air conditioning the Police Station to Cooling Systems Engi- neering, Inc., 72 Walnut Street, East Dedham, in the amount of $19,677. Mr. O'Connell informed the Board that a request had been received from the Chamber' of Commerce to increase the hours of operation from July I to Labor Day from 9:00 a.m. to 8:00 p.m.; the hours in the summer have been 9:00 a.m. to 5:00 p.m., and 10:00 a.m. to 4:00 p.m. in the winter. Last summer, the Historical Society successfully operated Jurors Lexington Burlington Strip Moore Contract Parcel 1 Butterf i e l a Pond Contract Mord Police Station Air Condi- tioning Chamber of Commerce Summer Hours 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 1 am not happy with $1,500. Mr. Buse: 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 1 covers the development of a regional reclamation center for glass and paper, having area recta - Mass. motion 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 L 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 'ars willing and interested in having the. Phase I facility located there. They were prepared to pay $220a 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. 1 am asking for the feeling whether or not,ipolicywise, 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. 3 r3 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. Buse: 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 1, 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 $22429.19 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 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 8:30 a.m. Chairman Kenney read a letter from Eric T. Clarke, 29 Moon Hill 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 preliminary 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 o letter from Mr. Jesse McDade, 39 Middleby McDade 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 be 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 11:30 a.m. I enclosed a copy of our letter to him on November 17 and, also, the Dog Officer's report. Now,Aolt. 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 hold 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:n 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 $100; 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' i t 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: 1. am not interested in selling it for $100. Itis 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. 339 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 read a request 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, 19A,Depot Square, for a parking space for one vehicle in the area. Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Arlex Auto School Parking 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- Sites 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, Buse and Brown plan to attend. Upon motion duly made and seconded, it was voted to approve the 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 outstanding performance of Chief Corr when about 600 persons ap- peared at the Lexington headquarters on April 26 to stage a demon- stration. Also, appreciation for the unanimous decision by the Selectmen with respect to not granting a parade permit to the demonstrators. Minutes Demonstra- tion Raytheon 130 Youth Commission Chairman Kenney informed the Board that the Recreation Committee nominates Daniel P. Buse as its representative on the Youth Commis - Upon motion duly made and seconded, it was voted to appoint Daniel P. Buse a member of the Youth Commission representing the Recreation Committee, for a term expiring April 1, 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 baye any time limit? Mr. Legro: Not until itis 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 Ii'cense 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 be ation submitted to allow for this additional:functionand volume. The new rest, roams are not ready for inspection. The Building Inspectorreports 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:TO. I would point out that requirements for emergency lighting., exits, and exit signs will have to be met also. These requirements will becoordinated 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 information WI 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. 1 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: I 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 circumstances and no 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: 1 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,:1 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: Massachusetts Avenue Extension: Junotion of Wood Street adjacent to existing manhole 54/88A, to be built over existing conduit, one (1) 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 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. Cad.4e of 15 Mariam Street regarding the parking situation. The report states that conditions on Meriam Street are better now that the snow is gone and the full width of pavement is available. The Traffic Committee is of the opinion that parking on Mariam Street does not represent a serious problem at this time as the 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 341 Mass. Ave. Manhole Invitation Mrs. Cadle Meriam St, Parking 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 only 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 DPWiin Bedford Arlington. Mr. McSweeney, Mr. Zaleski and Mrs. Thomas, representing Eldred Sts. the residents of the area, and 1 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. 1 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. 1 would ask Mr., O'Connell to check the exact schedule -and how it is manned. Mr. O'Connell: lt would be a special duty man because of the school schedule. 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 Avenue connector only in relation to the other traffic problems, such as the Circumferential Road, Route 62 and reconstruction on Route 2 West. Our position was that the Town had been working on this many years and the proposal is older and can stand on its own merit, and we were hoping it could have priority. As we developed the conversa- 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 theyifelt it was somewhat of a satisfactory arrangement, they would direct them- selves to the jug -handle and hope to correct this problem next. 343 Hartwell Avenue Connector Road 344 Mrs. Riffin: 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. Executive Session 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 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 1, 1972; under Article 10 of the 1972 Annual Town Meeting. The Board agreed to inform Mrs. Cook of the possibility that a future Town Meeting coulddisapproveor 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: Executive Clerk, Selectmen- e3 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. Riffin; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works; and Mrs. McCurdy, Executive Clerk, were present. Mr. 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 waslduring 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 One ahead as far as industri•al.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. yalente: 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: 1 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? 3-4G 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. 1 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. Riffin: I would think we would want to sit down with I4DC 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. 1 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... Mrs. Riffin: 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. Mr. Valente: We demonstrated where the water flows and tested various places. If we contaminate Bedford over by Mitre, they would have substantial problems. We had a pretty heavy meeting on the land and everybody thought we were pretty safe. I don't want to get in- volved is it. Chairman Kenney: We wi definitive type proposal. Mr. McSweeney: I would month Chairman Kenney: Do it formal MDC opinion before we period (2) the best estimate day (4) the volume. Mr. Valente and Mr. Sul 11 leave it that you will develop a more point out that MDC only meets once a as quickly as possible and get an in - vote. Send a request defining (1) the of what you would need (3) the time of liven agreed. Chairman Kenney requested the Board to sign the Common Victual- lers license for Lexington Enterprises, Inc., 27 Waltham Street (formerly Anthony's Restaurant).' Upon motion duly made and seconded, it was voted to sign the Common Victualler License for Lexington Enterprises, Inc., 27 Waltham Street. 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 is, there is quite a length on Waltham Street. The nearest point, coming from Marrett Road, is all of Waltham Street down to the 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. 34 Lexington Bedford Burlington Strip Lexington Enterprises Common -Vic- tualler License Bogonian Request Blossom St. 348 Chairman Kenney: Wouldn't in the fall? You are talking a length of Blossomcrest. The Board agreed to inform in the fall. they do better to come in for a request length on Waltham Street plus the Mrs. Bogosian that she should petition Upon motion duly made and seconded, it was voted to adjourn at 9:00 a.m. A true record, Attest: Executive Clerk, Selectmen SELECTMEN'S MEETING May 8, 1972 A regular meeting of the Board of Selectmen was held in the Selects men's Meeting Room on Monday evening, May 8, 1972 at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa 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. Mr. Legro requested the Board to sign the contract awarded on April 24, 1972 to W.H. Hughes, Inc., Watertown, for the installation of traffic signals, in the amount of $14,315. 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 construction easements in the Saddle Club Road section adjacent thereto in the lands of Frederic S. Cohen, Chalres K. Chiklis, Peter F. Marciano, Allen 1. Shiner and Carl J. Kasabian which are no longer required by the Town. This was voted by the 1972 Town Meeting under Article 86. Indi- 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 45 days. The Board agreed to instruct Mr. McSweeney to prepare a plan immediately. 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 Tess, situated southerly of Marrett Road, subject to all of the terms and conditions set forth in the option. 349 Traf f i c Signals Easement Abandon- ment Saddle Club Rd. Bevington Stankard Exercise of Option 350 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, 1 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 purchase of road machinery, as approved by Town 24. We will hold the hydraulic driven sanders. Upon motion duly made and seconded, it was following contracts: Bids - Road Machinery One 1972 Four -Door Sedan Awards Rowe Chevrolet 33 Bedford Street, Lexington One 3/4 Ton Pick-up International Harvester 340 Mystic Avenue, Medford Four 1/2 Ton Pick-ups International Harvester 340 Mystic Avenue, Medford One Sprayer - Trailer mounted Hartney Spray Corporation: Pleasant Street, Norwood One 3/4 Ton 4 -Wheel- Drive Dump Trk. International Harvester Co. 340 Mystic Avenue, Medford have,: been:receivedkon the Meeting under Article voted to award the Less Trade-in Net delivered Less Trade-in Net delivered Less Trade-in Net delivered Less Trade-in Net delivered Net delivered, $ 3,751.40 727.40 3,024.00 4,012.95 1,232.56 2,780.39 14,837.88 (for four) 4.504.84 10,333.04 11,500.00 1,200.00 10,300.00 4,909.58 One Vacuum Sweeper - May 1, 1972 Dyar Sales & Machinery Co. 247 Third Street, Cambridge Less Trade-in Net delivered $27,600.00 2,500.00 $25,100.00 351. 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 H hat 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 1, 1973. Lexington Cab Co., Inc. 81 Wobuh St. Corporation Taxi 4208 #1 Taxi 2269 #4 Taxi 4209 2 Taxi 2271 5 Taxi 4210 3 Taxi 5305 6 Taxi & Livery Licenses c 5— Intelligence License Lexington Cab Co., lnd. 81 Woburn St.- Corporation. Livery 11 11 It L35-057 # 7 L35-058 8 L35-059 9 L35-060 10 L35-061 11 573-78Y 12 Livery n fl 11 11 11 n PI9-706 #I3 U57-950 14 655-91K 15 656-0IK 16 656-IIK 17 573-83Y 18 P67-626 19 Upon motion duly made and seconded, it was voted to authorize the 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. Buse: 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 sewer. 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. 6- !"..44 e e)tl Peter Ronchetti, 4 Blossom Street: The conditions are ali 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 sewered. 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. Buse: I was in the Blossom Street area and 1 concur with these peop_,le, 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. 5 Permit Cert. of Incorp. Chairman Kenney read a request from the Massachusetts Knights of Pythias to conduct Kiddie Kamp Tag Day throughout the Town on Saturday, 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 characters of the following who have applied for Certificate of Incor- poration: Ruth R. Budd 117 Kendall Road "Day Care Consultation Services, Inc." Isabel Besecker 8 Eastern Avenue Gordon D. MacKay 180 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. Riffin 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. 1 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 4:00 p.m. 1 1 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 allstreets 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. Thereis nooff-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 at'de 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. 3 56 MBTA Extension 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 interest and why;/to ask Mr. Bowyer to give some idea. of what techni- 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: 1 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 MBTA 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 (1) 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 coverto where the demands of roads occur. In Lexington Center, you might want to consider the possibility of cut and cover through the 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 Targe 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 is not satisfactory for a terminus. In terms of economic develop- 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. o 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 1 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.urh 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 Zine bas 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 on 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 1 1 some 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 be 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? 1t 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 Zook 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 1, 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.MBTA 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- IemSon 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. 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. Riffin: 1 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 isthe role we would play in it? Mr. Hopkinson: That will have to come from the study; the use ofthat 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:. 1 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, 1 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 nearing 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. 3t;1I- 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 Targe percentage of Lexington population is employed out of Town that could be served by a transit system. 'Think aboOt 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. 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 0, 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 scenes one is emerging from Waltham Street, 1nd1cai- 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 we!l:l.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 Bridge Charitable Fund Appt. 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 Charitable Fund. Upon motion duly made and seconded, it was voted to appoint 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;1-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 1 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? 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 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. Chairman Kenney read a report from Mr. McSweeney regarding the request from Mr. ls'Vaux, 11 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 be pointed out that lots located on cul-de-sacs of standard design 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 typo. 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 Tots 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- ation will be complete, except that some research may be necessary to complete the information on foreclosures. 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: ABERNATHY ROAD BIRCH HILL LANE - a distance of 661 feet, more or Tess, from Ingleside Road easterly to end. from Lincoln Street a distance of 948 feet, more or less, northeasterly to end. 363 LeVaux Sewer Betterments Tax . Titre Ai f i c:14 '83' Orders for Street Construction 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 EMERSON ROAD - from Goffe Road a distance of 901 feet, more or less, southeasterly to Philip Road. - from a distance of 140 feet, more or less, east,f 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 - MAUREEN ROAD PHEASANT LANE WORTHEN •ROAD from Maple Street a distance of 2232 feet, more or less, northerly to Clyde Place. - from East Street a distance of 503 feet, more or less, southerly to Emerson Road. - from Lincoln Street a distance of 1066 feet, more or less, northeasterly to Birch Hill Lane. - from Pleasant Street a distance of 2069 feet, more or less, northwesterly to the limit of the previ- ously accepted portion of Worthen Road. made -and seconded, it was voted to sign the Order the following: Upon motion duly t� Alter and Relocate BOW STREET MASSACHUSETTS AVENUE - 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. 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. 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 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: 365, Executive Session Executive Clerk, Selectmen 366 SPECIAL SELECTMEN'S MEETING 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 State Street Bank and Trust Company New England Merchants National Bank $1,000,000 2.45% 250,000 2.50% 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. Kessler will handle the Ashley land; Mr. Bailey and Mr. Cohen, with Mr. Busa assisting, will handle the Porter land; Mr. Buse and Dr. Kessler will handle the Pinard land. Chairman Kenney: The Conservation Commission needs no assistande 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 pian 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: ;)'-.?_ )2(c xecutive Clerk, Selectmen 1 1 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 Busa, and Mrs. Riffin; 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: 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. Mr. Dunn, representing the New England Telephone Company, and Mr. Pratt, representing the Boston Edison Company, were present and Mr. 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. Jurors Ewell Ave. Pole Location 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 Voted -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 constructionLof 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 interestelishowe Uithe 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 1 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. 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 Albemarte'Avenue, - one (1) 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 1'7, 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 representatives:of the Public Works Departmental -id the Board of Health. 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 with Mr. Hays and explained that the Town has no liability insurance for this -.type of thing as it is only covered for specific areas of 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 Proclamation declaring the week of May 21 - 27, 1972 as National Guard Week. Upon motion duly made and seconded, it was voted to sign the Order for Construction of sewer on East Street, from Emerson Road, a distance of 1370 feet, more or less, to beyond Burnham Road. Mass Trash Inc. Lincoln St. Dump Area Request Proclama- tion Sewer - East St. 370, Tarbell Ave. Water Collection Problem Chairman Kenney read a letter from Robert 1. Iverson, 38 Tarbell Avenue, requesting assistance regarding'water that is collecting in his yard and. cellar as a result of the town water table behind his ' property and storm drains running into the area. Upon motion duly made and seconded, it was voted to refer the 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 Street, regarding traffic conditions in the area. Upon motion duly made and seconded, it was voted to refer the letter to the Traffic Committee for a recommendation. Traffic Hancock Street 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 fila 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. M&BBus Service Chairman Kenney read a notice from the Middlesex and Boston Street Railway Company of Waltham as follows: "The Massachusetts Bay Transportation Authority has, as of 12:01 a.m. - July 1, 1972, termin- ated itscontract 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 1, 1972, it will terminate all mass transportation in its area." 1 371 Chairman Kenney: This leaves us .with one train a day. Mr. O'Connell: This is' one of thedeficit 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 1, 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 va►ted 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 be.5 feet instead of the 2 feet as shown on the plans. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the agreement between the Town of Lexington acid 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 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- appoint the following members for a one year term: Richard W. Hoover John E. Taylor Louis A. Zehner, Chairman 18 Larchmont Lane 11 Linmoor Terrace 6 Fair Oaks Drive Street Lights Park Drive Tax Title Town Report Committee 372 Meriam St. Parking Lot Executive Session Federal Funding 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 Meriam 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 of storm fences, etc. in the now unused portion of the lot. This new 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 ae:rtain drawbacks to be,noted frau 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 if. 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 willre- quire continuous maintenance; thecost of which may, in the long min, 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 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 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 2.7 billion to allow continuation of the present program plus another 300,000 jobs. A competing bill calls for 10 billion to provide an • additiaon of on€ m1 hien 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 Proorams: 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. Outdoorr-ecreation 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 usepartof the money for local projects. Probable funding levels -are $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 purppses. Al 1. agencies are encouraged to submit inquiries about the con- tinuing need of any Federal site. The Planning Boardmetwith 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 11:00 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 t® see if he courld 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 H 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 read. Indications from the Commissioner were that it could stand on its own merits. 1 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. 1 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 Tess than 30 ft. and in the ab sence of a policy would grant it. . Mrs. Riffin: 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: 1 think that factor ought to apply. These streets are certainly not arterial streets. Mr. Buse: 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. Chairman Kenney: What is the layout? Mr. Clarke: 50 ft. Mr. Buse: 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. 375 Idylwilde f- Idylwilde Sub- division a 316 Topographic Maps 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. Mr. Clarke:asked when the topographic maps wi11 be completed. 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;-;1hat 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 1 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. Masciulli Tax Title 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 that this lot not be sold because of scattered site subsidized housing. 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. Upon motion 'duly made and seconded, it was voted to go i.ntocExe- cutive Session for the purpose of discussing, deliberating or 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. Afterdiscussion 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: 14 ec464/46-„ )_. / E e Clerk, Selectmen 377.. Executive Session 3Th 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 fol lows: Donald J. O'Hara Sam Silverman Paul Morgenstern 17 Whittier Road 18 Ingleside Road 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 agres; 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. Resignation Planning Director Hanscom Field E.E.A. Mr. O'Connell informed the Board that he has received the resig- nation of Mr. Zaleski, Planning Director, who will be leaving June 12; th,, official date of resignation is July 2, 1972. 1 have discussed 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 Authority at Hanscom Field. It was the decision that Hanscom 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 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 1:00 to 3:00 p.m. 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 for the Assistant Treasurer in the amount of $29,900. Upon motion duly made and seconded, it was voted to certify the character of Joanne Small, 24 Hancock Street, who has applied for a 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 firing demonstrations on June 4 and 18; July 9 and 23; August 6 and 20, 1972. The Board agreed to request Representative Cole to attend the MBTA hearing on May 24 regarding federal aid to improve META mass transportation facilities. Mr. Frank 1. Michelman of LCSR met with the Board to discuss bills pending in the General Court which are related to concerns with 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, 373 Waltham Street, from 6:00 a.m. to 11:30 p.m. until December 31, 1972. Upon motion duly made and seconded, it was voted to appoint Stephen Politi, 25 Deering Avenue, a member of the Youth Advisory Commission, representing the Town Meeting Members Association, fob a term expiring April 1, 1973. The Board agreed to hold the application for a Common Victualler License from Alexander's Pizza, 180 Bedford Street, pending a report from the Board of Health. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on May 8, 1972. Mr. Richard O'Connor of Mass. Trash, Inc. met with the Board to discuss a program for the collection and reclamation of solid waste. Mr. O'Connor: Mass. Trash is a non-profit program sponsored by 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 37, Bond Cert. of 1ncorp. MinuteMen use of Green MBTA Heine Bills License Dunkin Donuts Appt. Youth Comm. Alexander's Pizza Minutes Mass. Trash, Inc. 380.' I ve rson Water Problem MBTA Executive Session 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. Ivarson of 38 Tarbell Avenue of water conditions surrounding his property. Mr. McSweeney, Director of Public Works, was instructed to make the necessary arrangements to relieve the collection of storm drain- age in th'e,area of the property on an interim basis. In July and August, the situation will be further remedied by doing more exten- sive work in the area. The Board agreed that Selectman Brown will attend the meeting 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 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 duty made and seconded, it was voted to adjourn at 9:40 p.m. A true record, Attest: C't - ' Executive Clerk, Selectmen SPECIAL SELECTMEN'S MEETING May 25, 1972 A special meeting of the Board of Selectmen was he men's Meeting Room on Thursday afternoon, May 25, 1972, Chairman Kenney, Messrs. Bailey, Busa and Brown and Mrs O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, Id in the Select - at 4:30 p.m. . Riffin; Mr. were present. Mr. Roger Trudeau, Mrs. Daniel Power and Mrs. Emily Frankovich, Citizens for Patticipation 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 pease so long hoped for by so many Americans, the desireto 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 11:30 a.m. The scheduled parade will end at the Green for ceremonies there at 11:20, having left the Munroe School area at I0:00.a.m. and stopping briefly at graveyards along the way. Wear a black arm band. 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 thissort, 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. Trudeeu: 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. Citizens for Participation Request for Use of Green 382 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. 1 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: I question if this is supposed to be a picnic? The By - Law says "performance" and 1 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. Busa: I don't think we are here to discuss the By -Law and 1 don't feel we should get into it. Mr. Bailey moved, and Mr. Brown seconded the motion, to grant permission as 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 moaning 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. tl' C Woman: Can any letter be given out? Mr. O'Connelli 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. McGovern 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 inteilt to cooperate end avoid any type of confrontation. Mrs. Riffin: 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. Gutters: Does the Church need permission to ring a bell in the dayt i me? 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.cgnsidered i..n 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 Battle Green Lexington Minute Men 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 1:00 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 Lt. Marrigan of the Minute Men that there are six Sundays scheduled and if the Board received a request for the Green, he agreed that In the event of that kind of situation, the Minute Men would adjust their schedule and use the !lawn of the Visitors' Center. 1 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: 1 think it is important that in the event there is any type of service, there is to be no demonstration. Mrs. Riffin: 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: 1 think permission should be granted provi- sionally. Mr. O'Connell: They said there is no need for Town services but 1 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 1:00 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 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 8:30 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 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 to the Town to be flownon the Green. Mewmbers 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 Edward G. Apgar Mark S. Carroll Bert E. Nichols 15-A Crescent Hill Avenue 41 School Street 29 Oakland Street 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 the Town. 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 submitted to the Planning Board a request for the relocation of the pedestrian path easement over his lot. Since the subdivision has been completed and the streets accepted as public ways, it is our belief Permit Flag Day Jurors Welfare Summer Camp Mason 5t. Easements Q3'8 Permit Block Party Liquor I.D. Cards Cert. of 1ncorp. Bamboo Hut 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; 1 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. The Board's policy is to grant permission until 11:00 p.m. and it was agreed to inform the Association. Upon motion duly made andseconded, 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 11:00 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 the Chairman to sign Liquor Identification Cards for the following: John D. Langilie 38,Bow Street' Eileen C. McDonald 837 Massachusetts Avenue Upon motion duly made and. seconded, it was voted to certify the 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 1:00 a.m. from January 1, 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 1:00 a.m. to the Bamboo Hut until December 31, 1972, with the understanding that all conditions under the Common Victualler's license are met. 38; 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, 19/2. Chairman Kenney informed the Board that nothing has been heard frortr 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 It 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: e" - cecutive Clerk, Selector 388 Treasurer SELECTMEN'S MEETING June 5, 1972 A regular meeting. of 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. Riffin; 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 anticipationof taxes. The State is behind in its payments to us and we need money to meet the T©wn'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 rate 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 fall. Mr. O'Connell: 1 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% Mr. O'Connell recommended that the contract be awarded to Grandview Contracting, Inc., Roslindale, who was the lowest bidder on sewer con- struction. The authority for this.work is under Article 20 of the 1971 Annual Town Meeting. Upon motion duly made and seconded, it was voted to award. 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 fn and in- terviews will be set up shortly, after which the candidates will be ranked and given agility tests. It is hoped to have the' new men by early July. Mr. O'Connell discussed therequest 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 instead of five. Mr. Bailey: What kind of security is provided et 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 es the relocation is within the property bounds of the owner. Upon motion duly made and seconded, it was voted to grant per- mission to New England Telephone Company and Boston Edison Company for the following location: Vinebrook Road: Approximately 341 ft. northeasterly from Waltham Street, one (1) 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 Company and the Boston Edison Company for the relocation of a pole on Longfellow Road. No public hearing is necessary as the relocation is within the property bounds of the owner. 389 r Sewer Construc- tion Contract New Firemen July 4th Carnival Vinebrook Pole Location Long- fellow Rd. Pole Location 39.0r Longfellow Road Pole Location Jury Question- naire Request Balloon Relights Executive Session NOW -Women Appoint- ments Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company and Boston Edison Company for the following location: Longfellow Road: Approximately 950 ft. southeasterly from Burlington Street, one (1) pole, also remove one 'CI) pole. Chairman Kenney read a notice from Secretary Davoren informing all citiesand towns of the amendment on the jury service question- naires to include "Do you wish to waive any exemption from jury service to which you may be entitled by law?" Chairman Kenney: The questionnaire we sent out includes this 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 Masse- chusetts Avenue, for permission to use the Lincoln Street Dump site for tethered'..ba I 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 ask the Board. 1 have discussed this with the Hanscom Airport Manager asL:this is under the jurisdiction of the FAA, but their 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 ;;nto 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 matter of financial interest to the Town,iit was voted to go out of Executive Session. Chairman Kenney read a letter from the Lexington Unit of the National Organization for Women regarding the appointment of more women to Town Committees. 1 c 91: 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 en appointment to a Committee or Board, listing quallfications and particular experience or interesta,1 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 Rio. 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,c>and recdmmends-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 is not 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 e 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 e hearing will be held on a request of Adolph Cuccinello, 92 Bridge Street, to subdivide his land. It points out that the Board of 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. Abbott es a member of the Board of Appeals. Upon motion duly made and seconded, it was voted to accept the resignation of Charles T. Abbott es a member of the Board of Appeals. Cuccinello Land Resigna- tion Board of Appeals 392_v Resignation Historic Districts Chairman Kenney read a letter of resignati MacDonald as an Associate Member of the Histori sion. Chairman Kenney: He was a nominee of the The Board agreed to write to the Trustees and request that a nomination be submitted for the Historic Districts Commission. on from Duncan E. c Districts Commis - Cary Library. of Cary Library an appointment to Chairman Kenney reed a report from•the,Traff•ic Committee'regard- Arlex Auto ing a request of the'Arlex Driving School, I9A 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 forproper garbage disposal and had pro- vided separate and adequate garbage disposal facilities after • 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. Minutes Liquor I.D. Lexington Mews Request Liquor License Upon motion duly made and seconded, it was voted to approve the 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 Chairman to sign the Liquor 1.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. Boneno, pro- spective tenant at the Lexington Mews, obtaining a liquor license for his general store in order to sell wine for the convenience of his customers in selecting cheese and wine at the same time. Selectman Buse abstained and did not participate in the discus- 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. 1 0• 1 Chairman Kenney read a letter from Mayor Clark of Waltham regarding proposed Ancillary Manpower Planning Boards throughout the State. He requests 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 AMPS. Since the board cannot be composed of more than 33 members, and there are 16 communities, not everyone recommended will be able to serve on the board but could possibly serve on its subcommittees. 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 1 -year moratorium has been instituted on the sale of any tax title Tots which could be used under the scattered sites housing plan, but to contact either the Housing Authority or the Lexington Commis- sion on Suburban Responsibility for further information. Mr. Benjamin H. Golini, 35 Balfour Street, was present at the meeting end asked about his request to purchase the tax title lot adjacentto his home. Chairman Kenney: Mr. Golini had applied in 1968 and the Planning Board recommended against the sale for the purpose of re -subdivision and the creation of an additional substandard building lot. He again 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 Tots 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 Tots of 8100 sq. ft., and 8500 would be close to the norm. 1 re-applied earlier this year and it was referred to the Planning Board again. I now hear that these Tots are available for building' sites. Chairman 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. VOL! are now saying there will be no decision until there Is a plan. 393 Ancillary Manpower Planning Board Bentley Scattered Sites Golini Tax Title Lot 394 / Special Police Officers Meriam St. Parking Lot Mr. Bailey: It was made clear to you in 1968 when en inquiry was entertained. Chairman Kenney: We have voted a 1 -year moratorium and you may re -apply in one year. Mr. Golini: If l 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. Gollni 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 Police Officers. Upon motion duly made and seconded, it was voted to appoint the following as SpecialPolice 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 Meriam Street and said that this area was staked out at the request of the Board. It should be of some assistance in considering the Chamber of Commerce's request for additional parking. It will be necessary to remove a small amount of trees and brush, and to provide approximately 200 to 300 yardsof gravel for grading and filling. 0pon motion duly made and seconded, it was was rooted to approve the concept of the extension of the Meriam 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 Lexington had not accepted the veterans' sections 56-59 of Chapter 32. 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 1, 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. Retirement Act. 5 1 The Board discussed appointments to the Lexington Commission on Suburban Responsibility. Mrs. Riffin: The Commission is going to make some recommends- 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 1, 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. The Board agreed to refer the proposal to the subcommittee representatives to the Boston Transportation Planning Review, Selectman 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 public security, the financial interests of the Town or the reputa- 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. Buse. Upon motion. duly made and seconded, It was voted to approve the request of William H. Ryan, Trustee of Central Lexington Beal Estate Trust, owner of.alt4ssitedand oritl$tandtngkstock of Vinebrook Corpora- tion, 1700 Massachusetts Avenue, Lexington, Massachusetts, for permis- sion to sell and transfer all said stock to Daniel P. Busa of 86 Lowell Street, Lexington. Also, to approve the New Manager, Daniel P. Busa. 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. Buss. Upon motion duly made and seconded, it was voted to adjourn at 10:30 p.m. A true record, Attest:. ecutive Clerk, Select Public Transp. Executive Session Vinebrook Corporation Guides Raytheon Gasoline Tank 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 7:30p.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. Upon motion duly made and seconded, it was voted to appoint the following Guides: Richard Abraham Harvey Bass Leslie Field Henry Friedman Jeanne Ganshirt Brad Golden Bruce Labitt Betsy Lehr Susan Levine Christine McCormack Jeff Moskow Paul O'Shaughnessy Richard Seaman Steven Warshawer Doug Wissoker David Kornetsky Mark Nichipor Christopher Purdy David Titus Kenneth Wissoker 7 9 268 80 7 19 Douglas Road 30 Eastern Avenue 1 Patriots Road 17 Oxbow Road 48 Fletcher Avenue 11 Dane Road 30 Taylor Road 5 Childs Road 361 Emerson Road 32 Hayes Lane 31 Slocum Road 61 Ivan Street 17 Hancock Street 11 Tower Road 7 Carley Road Rumford Road Fairiand Street Lowell Street East Street Carley Road Re-appoi fted Re -appointed Re -appointed Re -appointed Re -appointed Hearing was declared open at 7:45 p.m. -upon petition of Raytheon Company for a license for below ground storage of a 5,000 gallon . gasoline tank on the premises at 141 Spring Street, Lexington. A notice of the hearing was inserted in the June 1, 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, Directorof 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 bein 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 shows 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. 1 will show the plan of the location and explain it to Mr. • Neidorf. Chairman Kenney to Mr. Neidorf: 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 Lowel, Street-, Lexington. A notice of the hearing was inserted in the June 1, 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. Attorney William J. Dailey, Jr.', representing Mobil Oil Company, was present and explained that the application it fora new gasoline service station which is to be built at North Street and Lowell 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 011 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 mode 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 Gasoline Station 653 Lowel Street 39 (S N.E. T. & T Conduit Waltham and Forests Sts. N.E. T. d T Boston Edison Waltham and Forest Streets 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 gallonsOfwaste 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. 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. Dunn, representing the New England TelephoneCompany, 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. Mr. Dunn explained that this Petition is to get the pole out of the proposed driveway for the housing for the elderly. Mr. O'Connell: Will the service for the new housing go in over- head or underground? Mr. Pratt: 1 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: Waltham Street: Southeasterly side, approximately 168 ft. southwesterly, from Forest Street, one pole, also remove one pole. Hearing was declared open et 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. 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 explained that we are relocating the present pole back 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:.Edfison 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 with the Director of Public Works. Mr. Pratt explained that the petition is for the purpose of com- pleting power service on North Street and to close the circuit on the additional line. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the following location, as petitioned by the Boston Edison Company: North Street: Southwesterlyside, northwesterly from a point approximately 363 feet northwest of Lowell Street, four (4) poles. North Street: Northeasterly side, approximately 350 fest 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 of 13,680; this is approximately the amount which was spent for the 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; 399 N.E. T. & T Pole Boston Edison Mass. Ave. & Worthen Rd. Boston Edison Location of Poles North St. Transfer Acct. 1950 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 covera9e 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-wodld 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'sElection Account No: 1950 in the amount of $3,680. Transfer Mr. O'Connell recommended that a request for transfer be ap- Acct. 3450 proved for the Board of Health Account No. 3450 in the amountof$200 for the Rabies Clinic. We have had to purchase 1,000 doses of vaccine this year and the price has increased 17} 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. Conservation Commission Appointments Mr. O'Connell recommended the approval of two appointments to the Conservation Commission, Gary Larson, 570 Merrett Fad, and David G. Williams, 2 Munroe Road. Mr. Larson is a professional Architect and the recommendation is strongly endorsed by the Conser- vation Commission; Mr. Williams is a Senior Methods Analyst for 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. Igilliams, and the re -appointment of Mrs. Angela Frick to the Conservation Commission for terms expiring April I, 1975. Chairman Kenney read a request from Mrs. Howard A. LeVaux, II Old Shade Street, for a further reduction in her sewer connection charge., After discussion, the Board agreed not to reconsider the vote of May 10, 1972, which reduced the $900 sewer connection charge to $720, and,to so inform Mrs. LeVaux. Chairmen Kenney read a•letter from Miss Carol Schreiber, 67 Turning Mill Road, that the barn owned by the Town onthe former Hennessey propertybe 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 Mountein 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. 1 get com- 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 areaand 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: 401- LeVaux 01 LeVaux Sewer I. There are permits required both by the Zoning By -Law and the Board of Health regulations. 2. The Town would be very concerned with the question 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. 4O Chairman Kenney read a letter from William J. Manning, 20 Spring Street, regarding the condition of Spring Street. Mrs. Riffin: I would ask Mr. McSweeney at what point in the procedure, relative to Spring Street, is the Committee on Streets? Mr. McSweeney: 1 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. Buse: I believe they are putting on the permanent patch on Spring Street. Mr. McSweeney: We are doing the first part of lt. 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. Traffic Hancock St. Stop Sign Westminster Avenue and Lowell St. Traff i c Congestion 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. After discussion, the Board agreed to inform Mr. Seaman that 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- garding the installation of a Stop sign on Westdrti$ter Avenue at Lowell Street, stating that four years ago, a proposal for a Stop sign in this location had to be rejected because the traffic 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 trafficcounts be made, and to so inform Mrs.`.Ev*aa. Chairman Kenney read a report from the Traffic Committee re- garding traffic congestion, stating that an increase in traffic has led to traffic congestion and backups, particularly on Marrett Road 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- power Planning Board or on a subcommittee. Since the board cannot be composed of more than 33 members, and there are 16 communities, not everyone recommended will be able to serve on the 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 PlannIng Board. The Board agreed to inform Mayor Clark of the two nominations. Chairmen Kenney informed the Board that notice has bean received of a new Manager of Buse, Bros. Liquors, Inc., 131 -Massachusetts Avenue. Upon motion duly made and seconded, it was voted to approve the new Manager, Alexander Gusmini, of Buse Bros. Liquors, Inc., 131 Massachusetts Avenue, Lexington and to request approval of the Alco- holic Beverages Control Commission. Selectmen Buse abstained. The Boarddiscussed 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 to all vehicular bridges carrying public ways over the track's or 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 structura(s) andthe degree of responsibility the municipality has therein. A report was read from Mr. O'Connell stating that Mr. McSweeney advises that the only bridge involved is the Boston and Maine Rail- road bridge on Maple Street which we understand is owned by the 403 Ancillary Manpower Planning Board Buse Bros. Manager Vehicular Bridges 404 Cert. of 1ncorp. Tobiason Complaints North St. 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. 1 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: Howard G. VanAlstine 438 Lowell St. "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 filled in to prevent illegal parking; if the Board favors a petition to install poles on this portion -of North Street, the addition of 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'eppropriated 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 Public Works. Board of Ap- peals Appt. Ruth Morey III Appt. Assoc. Member Bd. of Appeals The Board discussed appointments to the Board of Appeals because of a vacancy due to the resignation of Charles T. Abbott. Mrs. Riffin nominated Mrs. Ruth Morey and Mr. Brown seconded the 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. Mr. Buse nominated Mr. Robert °steldo as an Associate Member of the Board of Appeals to fill the unexpired term of Mrs. Ruth Morey to March 31, 1973; Mr. Bailey seconded the nomination. Mr. Brown nominated Mr. Roland B. Greeley as an Associetedi-.Member of the Board of Appeals; Mrs. Riffin, seconded the nomination. 40 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 endoi'sing 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. Busa: 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: 1t 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 I8 -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-tncome 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 11:00 p.m. A true record, Attest: ecutive Clerk, Selectmen SELECTMEN'S MEETING Special June 20, 1972 A special meeting of the Board Meeting:Roow on Tuesday afternoon, Kenney, Messrs. Bailey, Buse, Brown Manager; Mr. McSweeney, Director of Executiire Clekk, were present. of Selectmen was held in the Selectmen's June 20, 1972 at 4:30 p.m. Chairman and Mrs. Riffin; Mr. O'Connell, Town Public Works and Mrs. McCurdy, The contract for air conditioning the Police Station was discussed. Upon motion duly made and seconded, it was voted to sign the con- tract awarded on May 1, 1972 to Cooling Systems Engineering, Inc., 72 Walnut Street, East Dedham, for air conditioning the police Station, in the amount of $19,677, subject to approval of Town Counsel. Chairman Kenney informed the Board that Chief Corr had recommended that Edward E. Abell, retiring Lexington Director of Physical Education, be appointed a Special Police Officer for a term expiring March 31, 1973. 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 Would leave the Town too unmaneuverable. Therefore, we determined the 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 6f $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. 407 Pollee Air Condition- ing Contract Special Police 1972 Tax Rate 408 Sale of Surplus Equipment 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 1 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- tion to New England Electric Motor Service Corp., the only bidder, In the amount of $800. 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: Executive Clerk, Selectmen SELECTMEN'S MEETING June 26, 1972 A regular meeting of the Board of Selectmen wes 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. Riffin; 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 1, 1973. Reverend Handley introduced Spencer White to the Board as having passed the necessary examination to be a Lexington Guide. It was moved by Selectman Buse, seconded by Selectman Bailey and unanimously voted to appoint Spencer White, term expiring April I, 1973. Reverend Handley introduced Doug Wissoker to'be:appolnted'Guide * after -having ;passed necessary exaircilpat i on. 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. John Grant Kenneth J. Donnelly Daniel Whitney John Tobias The appointments of the the Fire Department. 166 Lowell Street, Lexington 22 Sylvia Street, Lexington 44 Fletcher Avenue, Lexington 198 Massachusetts Avenue, Lexington above listed will fill all vacancies in 409 Appointment of Lex i ngto Guides Candidates Four Firemen 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: 1) 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 Charles 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. Request for Change of Polling Places Highways State Aid Turning Mill Rd. Request for Sewer 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. Chairman Kenney also read a report submitted by the Town Clerk explaining that neither the Adams School or the Bowman School has good points, and present problems as polling places. Miss McDonough 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. Mr. John J. McSweeney submitted prepared forms, as directed by 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 Buse, 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- ing property owners on Turning Mill Road, requesting information as to how quickly sewer lines could be installed in that area. The high 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. 1 1 Chairman Kenney advised the Board that Mr. McSweeney had submitted a progress report for trunk sewer installation in the Battle -View area. The project will cost in the vicinity of $325,000 and will be adver- 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 were submitted to the Board for review and acceptance. Mr. McSweeney explained the plans in order that the Board have a full understanding of the design and locations in each project. Motion by Selectmen Busa, seconded by Selectman Bailey and unanimously voted that it is theintent of the Board of Selectmen to 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 signals. The purpose of this plan is to allow Lexington the oppor- tunity to review same and permit the Director of Public Works to submit his comments. Mr. McSweeney indicated that the island within the intersection may have to be removed. Upon completion of review and discussion, it was agreed that e 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: 1 have checked into the authenticity of the flag- ship "Zero" and wish to report that it is a 10 foot plywood row boat. 1 see only one problem; how to secure it for night storage. There is 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 consisting of himself, Mr. Peter Chalpin of the Engineering Depart- ment, Mr. Donald Graham and Mr. Daniel Small have met with the Boston Planning Review Committee to discuss the advisability and practica- 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 411 Battle -View Sewer Takings Drain Ease- ment Wood St. Marrett Rd. Hancock St. Alterations East & Lowell Sts. 1ntersectioi Gift - Flagship ift- Flagship "Zero" Committee Local Transporta- tion System 1'2 Sewer Con- tract East & York Sts. 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. Upon motion by Selectman Bailey, seconded by Selectman Buae, it was unanimously voted to sign Contract x`71 -4-E for sewer lateral con- 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 Maple Street. and Lowell Street. Mr. Starrett suggests that left -turn Maple & arrows be painted in the left -Fane 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 ComMiZSi.on to further discuss the possibility of acquiring some of the land in mention to be used as conservation land. Complaint Lights Mass. Ave. Notice ABC July 4, 1972 Chairman Kenney read a letter of complaint from Mr. Jack J. Strominger, 2030 Massachusetts Avenue, requesting that something be done about the bright lights on Massachusetts Avenue at the corner of Worthen Road. 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. The Board received notice from the Alcoholic Beverages Control Commission regulating business hours on Independence Day, July 4, for all of Lexington's licensed liquor establishments. 413 Upon 1 - Upon motion made by Selectman Bailey, seconded by Selectman Brown, it was voted that Package Goods Stores are to remain closed an 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 1t this year. Selectmen Buse: 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 prac-hicle 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. 1 414 Bond Asst. Town Clerk Motion by Selectman Busa, seconded by Selectman Bailey and unanimously voted that Bond #32-51-32 in the amount of $2,000 cover- 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. Permit Five Fields July 4th Five Fields, Inc. has requested permission to hold its annual July 4th square dance to be held July 1, 1972, from 7:15 p.m. to 11:30 p.m. on the street at the corner of Barberry Road and Field Road. Selectman Bailey noted that it has been the policy of the Board to issue such permits up to 11:00 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 11:00 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 44ho-: resides in Lexington; a Iexington 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 Riffin 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 Buse, 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 Dudley Road Brookwood Road Fairfield Drive Laconia Street North Street Norton Road Park Drive Philip Road Williams Road Wyman Road Village Circle Chairman Kenney read a request'from Eugene B. Skolnikoff for withdrawal of en 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 5480 It was recommended by Mr. McSweeney that the Board approve the proposal for the installation of the 8 Granite Bounds. 416 Petition Lillian Rd. Resi dents Motion by Selectman Bailey, seconded by Selectman Busa, and unani- mously voted to approve and award the contract to Barnes Engineering Co. Inc., 11 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: 1. 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 property. 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 As 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. Mr. Francis B. Culbertson, 9 Lillian Road: I did not see the original petition. 1 found that there is a petition, but I thought that it was to do something about speeding drivers. 1 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. 1 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: I 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 Riffin and unanimously voted that this matter be tabled for two weeks. Selectman Riffin 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- tion ready should anything be done at Town Meeting next year. Selectmen Bailey: Weeks ago 1 suggested to get things going on 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 Riffin 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 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 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 fOl lows: 411 Condition of Buckman Tavern Executive Session 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 tbe:Stankkard-Sevington land. Land 41s Motion by Selectman Bailey, seconded by Selectman Brown and unanimously voted to amend the agreement to change the lot Zine 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. d ° Acting Executive Clerk, Selectmen 419 SPECIAL SELECTMEN'S MEETING June 28, 1972 A special meeting. of the Board of Selectmen was held in the Select- men' -s Meeting Room on Wednesday, June 28, 1972 at 4:30 pm. Chairman Kenney, Selectmen Bailey, Buse, Brown and Riffin; Miss Mary McDonough, Town Clerk; Mr. O'Connell, Town Manager; Mrs. Mascette, 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 twddve; 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'cbe 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 Busa 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 et 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. 420. Selectmen's Clerks Salary The Board discussed a raise in pay for a clerk in the office of the Selectmen. Upon motion duly made and seconded, it was unanimously voted to 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. Acting Executive Clerk, Selectmen 42t 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. Riffin; 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: 1 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 itis 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 1 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. Riffin: 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: 1 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 1 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 42.3. 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. 1 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 03800, 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. Wlnchell P.C. 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 were certain questions posed by the Building Inspector, Fire Chief 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 9et 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: Bu i I d i na Inspector's Report The seating as proposed on the most recent plan has not altered the occupancy limits and are still acceptable. Bamboo Hut, Inc. 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 steers 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 1, 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. 425 *lard 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, 1972Cdi'd 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 cannotbe 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, 11 Charles Street: 1 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. Wh.O 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 1:00 a.m., it is not what I would have voted for. There is no other place open until 1:00 a.m. Chairman Kenney: We have had requests from other establishments and have not given it to them; they are not requesting a'licenee until 1:00 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 11:00 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: 1 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. Buse abstained. Chairman Kenney read a letter from the Cary Memorial Library Trustees nominating Mr. Royston T. Daley, 2243 Massachusetts Avenue, to fill the unexpired term to January 1, 1973 of Duncan E. MacOonald as an Associate Member of the Historic Districts Commission. 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 1, 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 carried out in accordance with such specifications as the Town Engi- neers consider appropriate. Mr. Legro: We have released the bond in this area (Colonial Acres). Mr. Busa: Should we get en 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. A report from the Director of Public Works states that the 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- 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: The Commissioners have assigned, subject to Legislative appro- priation, 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. 427 Historic Districts Appointment Drain Kannel Request Sewer -Miller Young St. Traffic Chapter 90 East St. 42.8 Maintenance Certificate of Incor- poration 103 Pleasant Street, Inc. Brucchi Hackney License CATV The Commissioners have assigned, subject to Legislative appro- 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: Kenneth Henderson 775 Massachusetts Avenue "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 that 103 Pleasant Street is in a residential area. If the address is 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, 63 Paul Revere Road, for a hackney carriage license. Upon motion duly made and seconded, it was voted to table the application pending further information from Mr. Brucchi. Chairman Kenney read 25 Oakland Street, for an Advisory Committee on the Lexington. The Board agreed to workload permits. a request from Mr. William R. Page, appointment to discuss consideration of an question of franchising Cable TV in invite Mr. Page to meet with them when the 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 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. 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 the sidewalk on Lillian Road. Mr. Buse: I spoke to the majority of the residents and to the 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. . . A letter from the School Committee was read, stating that "while we agree in principle that the idea has merit, there are many practi- cal difficulties which we can foresee. As you have suggested, 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 ssreasonable 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. Mr. Maguire retired from the meeting. 429 Executive Session Lillian Rd, Sidewalk Deletion Study Committee Building Maintenance 430 Water 'Abatements LCSR 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 readings is due to the fact that we had two inexperienced men reading 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 Michael McCarthy Mildred Johnson Veterans Hospital Barry Orenstein W.H. Larsen Bernard Levinson Robert M. Craig Richard 1. Young Bruce Gordon - Josephine Philbrook Gaudet Tony Cataldo George Wouralis James Lettiere Helen Ferreira Gerald Friel John Grabski William C. Meehan John P. Dailey Herbert Mehlhorn Louis Molinari Ernest Johnson Charles A. Stevenson Judith Leader 5 Revolutionary Road 6 Revolutionary Road 26 Bedford Street Spring Rd., Bedford 25 Skyview Road 27 Skyview'Roed 10 Coach Road 9 Lincoln Terr. 33 Fairbanks Road 19 Wachusett Drive 49 Grassland Street 12 Stedman Road 41 Rindge Avenue 137 Lowell Street 6 Taft Avenue 249 Marrett Road 364 Waltham Street 64 Blossomcrest Road 182 Waltham Street 58 Blake Road 2 Preston Road 9 Preston Road 45-Grovs2 Street 5 Flintlock Road 17 Fairfield Drive $60.90 46.97 38.85 1178.21 '18.55 8.75 51.51 22.58 27.77 7.00 8.75 29.16 8.75 2.45 7.00 5.95 133.70 7.00 76.68 25.20 2.45 5.25 1.40 8.75 7.83 Meter read wrong' Meter read wrong Wrong reading -Owner Wrong information by Hospital Wrong billing Pit -Water off. Meter read wrong Wrong reading -owner Meter read wrong Wrong billing Pit -water off. Meter read wrong Pit -water off. Wrong billing Wrong billing Meter read wrong Meter read wrong Meter read wrong Wrong reading -owner Meter read wrong Meter read wrong Meter read wrong Wrong billing Wrong billing Wrong billing The Board briefly discussed the Lexington Commission on Suburban Responsibility and it was agreed that Route 128 Industries would be a Member -at -Large. Mr. Busa 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 Manager and the former Planning Director; also, information contributed by each member of the Committee. We recently talked to Dr. Kessler after the review of the Planning Board and the wording will be kept in simple laymen terms. Mr. O'Connell: 1 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 Boston, as Counsel for the Town of Lexington; effective date to be set very soon. It was agreed that Mr. Cohen is to contact Mr. Legro to discuss the 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 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 10:00 p.m. A true record, Attest: ,,,,t/4 Executive Clerk, Selectmen 431 Land Acquisi- tion Procedure Town Coudsel- Appo i tot -n ment Executive Se st; i on 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 land 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 1 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 Committee for permission to install a 30,000 gallon tank for fuel oil. Chief Spellman recommends, and 1 concur, that two tanks be installed and because it is to be within the Hobbs Brook basin watershed, they 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 it is expected that an agreement will be reached with the contractor 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 field and requires continuous pumping, and has become a health hazard. The Board agreed to inform Mr. John that engineering work on the project is underway and the project will go out for bid either late in the fall or early spring, and the engineering department will be in- 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 servile 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- fer the funds previously committed to Chandler Street which were deleted from the Budget at the request of the petitioner. Upon motion duly made and seconded, it was voted to transfer funds previously committed for Chandler Street to Brent Road for the con- structon of an additional 450 feet of sewer lines. 43 Reg i ona l Vocational Sbhool Fuel Complaint Dr. Abrams Mr. R. John Saddle Club Sewer Brent Rd. Sewer Constr. 434 Mr. Small Hancock St. Drain Traffic Children's Center Chairman Kenney read a letter from Martin 1. 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 in this easement and why. A report from the Director of Public Works was read stating that the plans that were prepared do not correctly identify some of the trees; however, they are correctly positioned within the limits 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,c6 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 the Board had accepted the recommendation of the Traffic Committee to deny the request. Mr. O'Connell: 1 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 Datoili of Joseph F. Datoili, 101 Cliffe Avenue Hillcrest Ave. conditions on the Datolli property as a Widening Hillcrest Avenue. Mr. Legro: This involves a matter Upon motion duly made and seconded matter to Town Counsel. Warrant Dog Officer Attorney Dennis, on 'behalf , regarding unsatisfactory result:of the widening of of litigation. , it was voted to refer the Upon motion duly made and seconded, it was voted to sigh the 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 1 of alterations to this area. We fee for this contract was not required, destructive Town project made possib regulations was disregarded by local charges, and we ask that you give th tion. The Board agreed to send a copy Public Works to the Citizens for Lex I that because a Hatch Act hearing it is an example of a needlessly le because the intent of State officials. These are serious is matter your immediate atten- of a report from the Director of ington 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, 1 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 year, they should submit the entire list of eighteen, and have the Board deny or approve at that time. Chairman Kenney: 1 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. 435 Election Officers 1972-1973 43'i LEXINGTON Democrats * Mrs. Ann M. Baum 4 Wright Street Mrs. Mary C. Casey 22 Valley Road Mrs. Elizabeth F. Downey 1 Stimson Avenue Mrs. Mary J. Ferry 50 Downing Road Mrs. Eileen J. Fradette 35 Grapevine Avenue * Mrs. Helen G. Garten II Fairview Avenue * Mrs. Rita E. Kiley 37 Wachusett Drive Mrs. Edna F. Marshailk 110 Woburn Street ELECTION OFFICERS 1972 - 1973 Republicans Mrs. Edna D. Anderson 21 Leonard Road Mrs. Florence M. Downe 112 Bedford Street Mrs. Mary E. Clifford 54 Chase Avenue * Mrs. Mildred M. Cronin 14 Utica Street Mrs. Ilda J. Field 30 Chase Avenue Mr. Henry P. Meade 17C Wm. Roger Greeley Village Mrs. Marjorie Modoono 285 Woburn Street * Mr. L. Francis Murphy 5 Bennett Avenue Mrs. Mary G. Oliver 610 Waltham Street * Mrs. Maude A. O'Neill 6 independence Avenue Mrs. Alice Lillian Osgood 573 Marrett Road Mr. Randall W. Richards 67 Farmcrest Avenue Mr. Joseph 0. Rooney 222 Waltham Street Mrs. Ida B. Fisk 10 Spencer Street Mrs. Rose J. Grant 16 Hillcrest Avenue Mrs. Agnes Heimlich 796 Massachusetts Avenue Mrs. Sally S. Hooper 282 Bedford Stret Mrs. Mary F. Irwin 6 Grove Street Mrs. Winifred E. Ivester 56 Woburn Street Mrs. Alice G. Marshall 9 Independence Avenue Mrs. Mary G. McCauley 75 Spring Street Mrs. Dolores M. Swan 24 Bedford Street ** Mrs. Helen L. Perry 16 Ellison Road Mrs. Virginia M. Warner '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 s• 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 1, on the, petition of the Lexington Interfaith Corporation for the construction of six attached town -house type dwelling units on Hickory Street and Garfield Street. 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 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. Interfaith Corporation Jury List 438 Vinebrook Liquor License Procedure for Land Acquisi- tion Mrs. Riffin: One in five two males. Upon motion duly made and the 1972-1973 Jury List and to women was eligible and one of every seconded, it was voted to approve forward it to the Clerk of Courts. Chairman Kenney informed the Board that approval of the Manager of Vinebrook Corporation, Daniel P. Buse, has been received from the Alcoholic Beverages Control Commission. 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 l.- his designee, through proper channels, may ask for legal advice or opinion at any stage of negotiations". This is to prevent a member 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. 1 recommend that the Board adopt these proceduresand so 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): 1) 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 throughttbe 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: 1 1 1 439 B. Investigating 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.1). 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: 1) 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. Investigating team: 1) 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#.Cowed. 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 agency: 1) 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 Meeting approval; funds authorized: G. Investigating Team: 1) 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. Busa, 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 2. 3. 4. 5. 6. SITE EVALUATION CHECK LIST Assessors map Street frontage H 11 Average lot width Highest elevation Topography: level ,lot ft,. ft. ft. GENERAL , area on on depth lowest rolling II. LEGAL 7. Owners 8. Address 9. Acquisition date price 10. Deed recorded in Book Page II. Land shown on plan by as lots recorded 12. Survey or re -division necessary: yes 13. Easements: purpose Recorded in Book 14. Assessment: land 15. Zoning number 16. Land excluded -from site, area b reason ft. (Lexington base) steep dated date possible in Book no Page Buildings of detached homes 111. 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 23. Subsurface drain: on site at site Drain invert % site can be served 24. Sanitarysewer on St., Sewer invert Page minor ft. away, size ft. away 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 27. Can site be served by wells 28. Culture: vegetation 29. Building and structures (describe) St. ft. away, size 44.1 442 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 3B. Conveyance must take place on 39. Outstanding betterments Sewer as of amount to be paid by Wateras of "' " " ". " R.E. Taxes as of amount to be paid by Other as of " it it 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 information 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 objecw 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. Upon motion duly made and seconded, it was voted to sign the Hackney Carriage License for John D. Brucchi, 63 Paul Revere Road. The Board discussed a memorandum from Erik Moilo-Christensen regard- ing possible dates for a special town meeting between September 15 and October 15, 1972 for the purpose of voting on proposed construction bond issue for the Minuteman Regional Vocational School. 1t was agreed that Chairman Kenney is to talk with Mr. Molto- 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. 443 Regional Vocational School 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 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 10:55 p.m. A true record, Attest: i - Executive Clerk, Selectmen Executive Session 444 Treasurer Redis- tricting 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 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 votbd 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% Newton -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. Mr. Busa: Do we have to have the polling places established by 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 Precinct 2 Precinct 3 Precinct 4 Precinct 5 Precinct 6 Precinct 7 Precinct 8 Precinct 9 Harrington School Adams School Clarke Junior High School Cary Hall Cary Hall Diamond Junior High School Diamond Junior High School Central Fire Station 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 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- 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: e Executive Clerk, Selectmen Request E.E.A. 446, Jurors Permit Compressed Gas Ledgemont Laboratory A regular meet Selectmen's Feting 7:30 p.m. Chairman Mr. O'Connell, Town Works; Mrs. McCurdy At the request follows: SELECTMEN'S MEETING August 7, 1972 ing of the Board of Selectmen was held in the Room on Monday evening, August 7, 1972 at Kenney, Messrs. Bailey, Buse and Mrs. Riffin; Manager; Mr. McSweeney, Director of Public , Executive Clerk, were present. of the Town Clerk, five jurors were drawn as Chester L. Geissler David Warren Brooks Peter Alex Edward L. Karpinski Herbert Karsh 214 Lincoln Street 140 Reed Street 20 Lawrence Lane 24 Wyman Road 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 Sprr,ng 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 abutterslisted 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 substantial facility expansion last year, the staff was expanded and the work was expanded. It is necessary to keep on hand and use compressed gas and liquified petroleum gas in approved cylinders and quantities of 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. 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, it 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 happenedso 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 grant 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 service in that area; it is coming out of our right of way into our manhole and up a pole. No one appeared in favor or in opposition of the petition. Chairman Kenney read a report from Mr. Coscia, Manager of the Lexington Department of Public Works, recommending the permit condi- tions:as follows: 1) 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 welllit a night. 447 Boston Edison Conduit Hartwell Ave. 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 following location, as petitioned by the Boston Hartwell Avenue, at and northeasterly from tance of about 605 feet, - voted to approve the Edison Company: Maguire Road, a dis- manho le and con du it . 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: 1 would have to check; 1 would believe so. Mr. Roseman: Is there any way 1 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 Mr. Mr. have the Mr. pole? Pratt: Yes; Roseman: It will be near our bedroom; is there any way to light dimmed? Pratt: That would have to comesfrom the Selectmen; we cannot put shields on. Mr. Roseman: 1 would have no objection; if the pole is in fact on the property line, then 1 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. 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 (1) pole also one (1) pole' to be removed. Mr. William Page met with the Board to discuss the possibility of appointing an advisory committee on the question of francl'ai:sIng cable television in Lexington. Mr. Page: 1 talked with Mr. O'Connell as to where Lexington was on this and, at l understand it, you have not granted a franchise. Mr. O'Connell commented that he thought the possibility of this happening in 1972 was small. 1 was glad to hear this and have come to propose setting up an advisory committee to the Selectmen. The company 1 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 1 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 (bu't 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. 449 CATV 450 Historic Districts Committee Redistrict- ing 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, 1 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- mission are needed. It is instructive to look at the membership of other Historic Commissions in the Commonwealth and I would propose 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 Local Board of Realtors Boston Society of Architects Chairman Kenney: We have found as a need a lawyer. Mr. Pierce: That is right; thatis 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. Planning Board At -large, by the Selectmen mater of practicality, they 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 that the state is proceeding forthwith to do its electoral redistrict- 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 I man -I vote supported by court decisions. 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). 1. Each Precinct shall contain not more than 4,000inhabitants. 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: Thesetting of polling places will not be done until after the Presidential Election in November. We have con- sidered the following: Precinct 1 - Harrington School Precinct 2 - Adams School Precinct 3 - Clarke Jr. High School Precinct 4 - Cary Hall Precinct 5 - Cary Hall Precinct 6 -.Diamond Jr. High School Precinct 7 - Diamond Jr. High School Precinct 8 -. Central Fire Station Precinct 9 - Maria Hastings School 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 para- graph (a) of Section 6 of Chapter 54 of the General Laws, as amended 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 of which is filed with the minutes of this meeting. 45.1 4 2 Bid Regional Vocational High School' B. Accept the report of the the year 1971 in the territory of lished by said Order, and to sign numbers as follows: Precinct 1 - 3669 Precinct 2 - 3793 Precinct 3 - 3869 Precinct Precinct Precinct number of inhabitants residing in each of the new precincts estab- a statement setting forth said 4 - 3858 5 - 3604 6 - 3630 C. Cause to be prepared descriptions of shown on the map described in said Order. Precinct 7 — 3807 Precinct 8 - 3486 Precinct 9 - 3696 the new precincts as 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 borid the money. We do not have to call a Town Meeting to disapprove that. It would cost $5,000. We have an election in September and November. Dr. Weiss, Town Meeting Member: is would suggest you might send out a questionnaire to Town Meeting Members. 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. The various groups retired from the meeting. Later on in the meting the Board agreed that it was n to call a Special Town Meeting for the purposes of unratifyt Minuteman Regional Vocational School vote. Chairman Kenney read a request from Mrs. Jo -Ann Smoske son Rad, regarding a.permit to board two horses. The lett that she has only three acres of land and the Town requires per horse. The Board of Health had suggested she write to ask that since her property borders ten acres of conservati may be able to use this land as additional acreage. The la actually be used so she is sure there would be no liability She would appreciate a decision on this. A report from the Board of Health was read, stating th property at 39 Robinson Road (which has changed twice in th years) has had a permit to keep two horses. In 1971, new r requiring two acres per horse were adopted. In some instan there is not enough land, the Board of Health has given app keep horses, if the applicant can obtain permission to use t.iguous land to meet the minimum land requirements. While cant may or may not use this land for the actual use of the it does allow for the desired setback from property lines a dwellings. This is the first time that other than private been involved. After discussion, the Board agreed to inform the Board of the following decision: Upon motion duly made and seconded, it was voted that has no objection for Conservation land to be used for purpo meeting acreage requirement established for the keeping of However, this is with the distinct understanding that the 1 to be considered for purposeeof meeting the setback requir is not necessarily to be actually used by the horses. Upon motion duly made and seconded, it was voted to si license for weekdays and Sundays for Lexington Theatre, (Le Theatre, Inc.) Massachusetts Avenue, Lexington. Chairman Kenney read a request from Arthur D. Marlin, Street for warning signs in his area indicating children at Upon motion duly made and seconded, it was voted to re Marlin request to the Traffic Committee for a recommendatio Upon motion duly made and seconded, it was voted to ap minutes of the Selectmen's Meeting of June 26, 1972 Executi June 28, 1972 Special Meeting; July 10, 1972. The Board discussed the State Primary to be held on Se 1972. Upon motion duly made and seconded, it was voted to se polling hours for 7:00 a.m. to 8:00 p.m. on September 19, 1 t inclined ng the 39 Robin- ✓ states two acres he Board to land, she d will not involved. t the last few gulations es where oval to nough con - he appli- horses, d occupied and has of Health he Board s of orses. nd is ments but n the ington 4 Grant play.. er the 45 Smoske Permit for Horses Theatre Licenses Traffic Grant St. rove the e Session; Minutes tember 19, the 72 State Primary 454, Water Abatements MBTA Meeting Possible Land Acquisition Metropolitan State Hosp. Kerry Request 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 Arthur Shipe Occupant Acct. Douglas Smith John Porter John Burtch Town of Burlington Paul Hurney 6 Thoreau Road 5 Rowland Avenue e Jackson Court 185 Bedford Street 7 Henderson Street 455 Lowell Street 684 Lowell Street North Street Sewer House Conn. #7 S 7.00 100.00 135.80 4.36 66.41 8.75 9.18 135.27 Wrong billing Wrong billing Wrong billing Incorrect reading Meter read wrong Wrong billing Bill figured wrong Contractor Error For the information of the Board, Chairman Kenney said that rep- resentatives of the Massachusetts Bay Transportation Authority will 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. Riffin 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 of the Land Use Commission of the Department of Mental Health, inform- ing him that the Board would be pleased to arrange a meeting „through our Conservation Commission, to further discuss the possibility of 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 Tight of land use plans for the entire institution. Mrs. Riffin: 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 Committee for permission to set up a table for bumper stickers and 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 the Buckman Tavern grounds for the sale of political stick buttons cannot be made without permission from the Selectm permit for such use is neither expressly authorized nor pr by the General By -Laws; and that the determination of the ateness of the use and the decision as to the effect of th 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 quest of the John Kerry for Congress Committee because it an inappropriate use of prime historical Town property. The Board discussed and agreed not to submit an opini Board of Appeals regarding the petition of the Interfaith tion. The Board discussed a request from the residents of W for a connection to the Town sewer system. A report from the Director of Public Works/Engineerin was read stating that the trunk line is available for Wyma tie into. We would have to extend a line from an existing hole on the trunk line through a portion of the Baskin pla Wyman Road and then put the main line in the street. The Board agreed to inform the residents of Wyman Roa formal sewer petition will be sent in the fall, which will betterments to be charged to the abutters. If this petiti signed and returned to the Engineering Department, conside will begiven for the 1973 sewer budget. Chairman Kenney read a letter from Dr. Fobert, Superi Schools, stating that the School Committee unanimously vot following: "To tell the Selectmen that the piece of Jand i does not need to be held for school purposes provided ther easement or access to the Adams School Recreation Land." was in reference to a request by the Vetter family who wis section of the Town -owned land to relocate a house previou on the corner of Massachusetts Avenue and Marrett Road. The Board agreed to inform Mr. Vetter that action wil poned until the next Town Meeting; at which time, it will consideration and the matter will be discussed with him. Upon motion duly made and seconded, it was voted to g tive Session for the purpose of discussing, deliberating o matters which, if made public, might adversely affect the. security, the financial interests of the Town or the,-reput person. After discussion of matters of Town interest, it was out of Executive Session. Upon motion duly made and seconded, it was voted to a 10:15 p.m. A true record, Attest: 2)? rs and n; that a ibited ppropri- granting ny the re- ou I d be n to the rpora- man Road Division Road to sewer man - ground to that a list n is ation tendent of d the question is an is vote to use a ly situated be post- e given into Execu- voting on ublic tion of a oted to go journ at 455 Kerry Request Interfaith Corporation Wyman Road Sewer Con- nection Request Vetter Request House Moved Executive Session Executive Clerk, S Iectmen 456, Metropolitan State Hosp. Land Spring St. Conduit Mass. Ave. Conduit Edison Way to Woburn St. 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. Bailey and Busa, Mrs. Riffin; 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. Riffin would attend a meeting with the Trustees of the Metropolitan State Hospital on September 28, to discuss the possibility of acquiring some of the hospital's land. Chairman Kenney is to invite Dr. Kessler, Chairman of the Conservat4.on 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 the property as listed on the petitioner's plan, and also filed with the Director of Public Works. Mr. Dunn, representing the Telephone Company, was present and said that this is the other end of the job we did a year ago. We will 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- phone Compamy to lay and maintain underground conduit on Massachusetts Avenue from Edison Way to Woburn Street. Notices of the hearing were sent to the petitioner and owners of 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 expressed concern about the length of time a trench would b of the Post Office, also, there was a manhole involved. Mr. Dunn: They will dig 21 to 4 feet down and 2 feet wi11 take a half-day to get the hole dug out; it will be ba there will be nothing to interfere with driveways. Chairman Kenney read a report from Mr. Coscia, DPW Man mending that approval be granted, according to the submitte subject to the condition that public access to the streets be kept open (with the use of steel plates) as much as possi Mr. Latta: Construction will be such that there will ing for vehicles. If it is for 10 days to 2 weeks, it will equipment. We have no desire to interfere with you, but we cerned about parking. A suggestion would be that there be easement of the restriction on parking on Grant Street. 1t well serve to ease complaints. Mr. Dunn: This job won't come up until some time next Mr. McSweeney: We can work that out next spring. It from 7 to 10 days. Mr. Latta: For that length of time, then I have no ob No one appearing in favor or in opposition, the Chaim the hearing closed. Upon motion duly made and seconded, it was voted to gr sion to the New England Telephone Company for the following of conduit, subject to the restrictions of the Public Works and the condition that public access to the streets and dri located from Edison Way to Woburn Street be kept opened, wi of steel plates, as much as possible. Massachusetts Avenue: Southeasterly, from Edison Way, mately 1097 feet of underground also two (2) new manholes 54/12 54/126, also rebuilding manhole 54/60 into one large manhole 54 resent and in front ide; it k -dug so er, recom- plan, nd driveways ble. e no park - ie up our are con- temporary might very spring. ill be ction. declared nt permis- location Department, ways h the use pproxi- onduit, and 54/6 and 6. Hearing was declared open upon petition of the New Engl-nd Tele- phone Company to lay and maintain underground conduit onr'Ma sachusetts Avenue, Pleasant Street, Fern Street, Watertown Street and .rthen Road Notices of the hearing were sent to the petitioner and •wners of the property as listed on the petitioner's plan, also filed ith the Director of Public Works. Mr. Dunn representing the Telephone Company, was presen and said that at the present time it is congested on Pleasant Street .nd there is no room on the poles; this would take care of it now and he future construction will be in the spring. We have to write up the contract and the restrictions must be written in. Chairman Kenney:. What is the estimated construction p iod? Mr. Dunn: 1 would say three months. Chairman Kenney read a report from Mr. Coscia, DPW Mena er, recom- mending that approval be granted to extend the conduit. The permit Underground Conduit Mass. Ave. Pleasant Fern & Watertown Streets - Worthen Rd. 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 registerstrong opposition. 1 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, r: 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 fres 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. 1 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 et 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. 1 1 1 Mr. Storer: The Town uses it, too. There is a teleph pole right at the tip of Bowman Park and this is at least a month affair down there that they are working there; they p and have lunch. Mr. O'Connell: 1 know of nothing illegal about going for lunch. Do they litter the place? Mr. Storer: They litter our driveway; I don't know ab Mr. Legro requested the Board to sign the deed to cony Kenneth P. Kelley and Evelyn L. Kelley, tax title lots 20 a Street for the sum of $200, as voted by the Board on May 1 Upon motion duly made and seconded, it was voted to s to convey to Kenneth P. Kelley and Evelyn L. Kelley, husban as tenants by the entirety, of 49 Earle Street,. lots 20 and Block 16 on Earle Street, Lexington, for the full considers $200 paid, subject to the restriction that, for purposes of said lots 20 and 21 are to be combined with lots 22, 23. and Block 16, and only one building, together with customary ac buildings, shall be erected, placed or maintained on the c Mr. Legro requested the Board to sign the deed.'to cony Anthony C. Buse, Lot 57 Rockville Avenue, for the sum of $3 voted by the Board on April 3, 1972. Upon motion duly made and seconded, it was voted to si deed to convey to Anthony C. Busa and Beatrice E. Busa, hus wife, as tenants by the entirety, of 11 Albemarle Avenue, L Rockville Avenue, for the full consideration of $3,500 paid to the restriction that, for the purposes of building, said is to be combined with lot 56, and only one building, toget customary accessory buildings, shall be erected, placed or on the combined lot. Mr. Legro requested the Board to sign the contract for surfacing which was awarded on July 31, 1972 to Massachuset Stone Company, Weston. Upon motion duly made and seconded, it was voted to si tract 72-4-E for street resurfacing which was awarded to Ma Broken Stone Company, Weston, in the amount of $70,179. Mrs. Amelia G. Samoylenko and Mr. Herbert Eisenberg of Mews, 10-12 Muzzey Street, met with the Board to request th of the Town -owned fence at the rear of 10-12 Muzzey Street. Mr. Eisenberg: The only qualification is that the fen removed until after the building is constructed. The fence on our lot line but is 51 inches from the existing building posed building, which will now be 10 feet back from our lot will be a paved area and a parking lot beyond that. We are to change the parking - the paved area will be used for a si we are just asking you to remove the fence. We feel that, the request will beautify the property. ne service once -a- rk there o the park ut the park. y to d 21 Earle 1972. n the deed and wife, 21 in ion of building, 24 in essory bined lot. y to 500 as n the and and t 57 subject lot 57 er with aintained street re- s Broken n con- sachusetts Lexington removal e not be now is not The pro- line, not asking dewalk - ssentially, 459 Kenneth Kelley Tax Title Lots Earle St. Busa Lot 57 Rockville Resurfacing Contract Lexington Mews 460, Contract Storm Drain 72-2-E Fire Engine Bids Executive Session 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, Hancock Street and Easement, Wood Street Easement, Hayes Lane and Fletcher Ave. Mr. McSweeney recommends, and I concur, that the 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- ceived on the new fire engine; they are under intensive evaluation 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- tive 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 the Bowman School roof, it was voted to go out of Executive Session. 1 Chairman. Kenney read a report from the Director of Public Works/ Engineering Department stating that in answer to a complaint from Miss Martha L. Myers, 119 Simonds Road, an Engineer had met ith her regarding the removal and replacement of her fence due to th side- walk construction. On August 18, 1972, the fence was installed and all the necessary work was completed. The Board agreed that the matter was closed. Chairman Kenney read a letter from Mr. Gallagher, Chair Recreation Committee, requesting the Board release the Linco property (old dump site) for use as part of the large recrea adjacent to this property. A study of all recreational faci within the town has been started and this area is vital to t plete'development of the large recreational area bounded by, Playground, High School property, Bridge School area, and th After discussion, the Board agreed to inform Mr. Gallag agrees to turn over the area of the former Lincoln Street du the Recreation Committee for use in the overall planning of tional facilities, with the understanding that the land may now on an "as is" basis for informal practice fields or socc etc. Also, to point out that the land at this time is in no for recreational use or the building of any structures. The continue to use a portion of the area for a snow dump. Chairman Kenney read a request from the Chamber of Comm free parking at 'all meters in the Center during Business Pr Sale Day, Friday, August 25, 1972; also a request for a bann placed across Massachusetts Avenue at the Waltham Street int Upon motion duly made and seconded, it was voted to sus parking regulations on August 25, 1972. Upon motion duly made and seconded, it was voted to den sion to the Chamber of Commerce for a banner across Massachu Avenue. an of the In Street ion area ities e com- he Center Reservoir. er that it p site to ecrea- e used ✓ use, condition Town will rce for otion ✓ tobe rsection. end meter permis- etts Chairman Kenney read a letter from the Manager of Pine eadows Country Club objecting to any future possibility of a Great =adows Golf Course. The Board agreed to reaffirm its position that the Grea Meadows remain in its present open, natural state and to again commu-� nicate this position to the Arlington Board of Selectmen. e Manager of the Pine Meadows Country Club is to be so informe•. Chairman Kenney read a letter from the District Highway Engineer stating that the request submitted by the Board for a stop sign on Massachusetts Avenue, Northwestbound at Worthen Road, and a -top sign on Worthen Road, Northeastbound at Massachusetts Avenue, was denied as the two proposed locations are better suited for a yield -ign. The request for these two stop signs was voted by the Board •n April 18; 1972. 46.1_ Myers Fence Simonds Rd. Recreation Committee Lincoln St. Dump site Chamber of Commerce Great Meadows Golf Course Traffic Yield Signs Minutes Sign Orders for Sewer Takings 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 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 Worthen Road Northeastbound at Mass. Avenue Yield Yield Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings as follows: Executive -June 5 and Juiy!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: OREER FpR f tSTRUCTION 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 less, to Third Street. Webb Street from Woburn Street a distance of 1464 feet, more or Tess, 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 the Great Meadows and into the Arlington Reservoir; there, any land- fill operations would create a serious water pollution probl= in the Town of Arlington. The Board agreed to inform the Arlington Board of Sele we have no plans to establish a sanitary landfill operation Woburn-Maple Street area, and that their confusion possibly cause our Planning Board is contemplating that some consulting engineering work be done on this land while, coincidently, also engaged consultants to look at some problems which we h our sanitary landfill on Hartwell Avenue. However, the two are not related and it is not intended to move our landfill from the Hartwell Avenue site. men that in the rose be - Chairman Kenney read a recommendation from the Direct() Works that the Board sign the Memorandum of Agreement betwe Commonwealth of Massachusetts Department of Public Works an of Lexington for Chapter 90 Maintenance, in the amount of $ 1;530 linear feet of Coolidge Avenue from Adams Street to H Street. Upon motion duly made and seconded, it was voted to si Memorandum of Agreement between the Commonwealth of Massach partment of Public Works and the Town of Lexington for Chap Maintenance, in the amount of $2,000 for 1,530 linear feet Avenue from Adams Street to Hancock Street. Chairman Kenney requested that the Board issue a procl claring Monday, September 18, 1972, as Air Force Day in Lexi Upon motion duly made and seconded, it was voted to si clamation declaring Monday, September 18, 1972, Air Force D Lexington. Upon motion duly made and seconded, it was voted to go Executive Session for the purpose of discussing, deliberati voting on matters which, if made public, might adversely of the public security, the financial interests of the Town or Cation of a person. After discussion of personnel matters it was voted to Executive Session. The Board discussed a memorandum from the Director of Works concerning various easements. Upon motion duly made and seconded, the intent to take easements for the construction of the sidewalk. on School St Massachusetts Avenue was voted, with an award of no damages following: Plan of Slope Easements - Massachusetts Avenue: Wilfred J. & Virginia E. Wagner, 2408 Massachusetts Av Lot 129 have ve at projects operation of Public n the the Town ,.000, for ncock n the setts De- er 90 f Coolidge mation de- ngton. n the pro - y in into g or ect the repu- o out of ublic slope eet- to the nue and 463 Chapter 90 Mainten-+ ance Coolidge Avenue Proclama- tion Air Force Day Executive Session Slope Easements Mass. Ave. School St. 464 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 1 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. Pian of Temporary Construction Easement off Hancock Street: Martin 1. & Joanne G. Small; John F., Jr. & Nancy A. Downey Hancock St. Sewer Easements East St. - Brown Road ABC - Labor Day 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: Plan of Sewer Easement off East Street and Brown Road: Henry & Barbara C. Delfiner; William G. & Margaret Mary Johnston; James P. O'Neil. Pian 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 received. 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: �4 �Lu1, Executive Clerk, Selectmen SELECTMEN'S MEETING September 5, 1972 A regular meeting of the Board of Selectmen was held i men's Meeting Room on Tuesday evening, September 5, 1972 at Chairman Kenney, Selectmen Riffin, Brown and Busa; Mr. Legr Counsel; Mr. O'Connell, Town Manager; Mr. McSweeney, Direct Works; Mrs. Mascetta, Acting Executive Clerk, were present. At the request of the Town Clerk, four jurors were dra Berkey Amiralian Robert M. Shields Norman P. Harvey Max Levine 353 Woburn Street 25 Sherburne Road 11 Marlboro Road 19 Hathaway Road The Drainage Construction Contract was prepared and su Mr. Legro for signature. The Contractor is P. Gioioso & So Dorchester, Mass. for construction of drainage on Meriam St mount Circle, Hancock Street, Wood Street, Fletcher Avenue Lane. Motion by Selectman Riffin, seconded by Selectman Buse mously voted to sign the contract for construction of drain amount of $79,240 on Meriam Street, Oakmount Circle, Hancoc Wood Street, Fletcher Avenue and Hayes Lane. It was moved by Selectman Busa, seconded by Selectman unanimously voted to adopt the following Orders of Taking: Sewer Easement - East Street to Brown Road in the amou to Mr. Bertolini. No award of damage owners. " - East Street to Ridge Road No award o - Drake Road Drain Easement - Hayes Lane No award o No award o Mr. O'Connell reported to the Board that there were th received for the new fire station equipment: Worcester Fir ment Sales - $64,461; Mack Truck - $66,500; Maxim Motor Div $66,026. Mr. O'Connell explained that all bids as submitted wer amount appropriated. The bid called for substantial equip mination could hot be made because of over -bidding. Specif1 the Select - 7:30 p.m. , Town r of Public n as follows: fitted by s, Inc., eet, Oak- nd Hayes and unani- ge in the Street, rown and t of 5200 to other damages. damages. damages. ee bids Equip- ision - above the nt; deter- etions 46r Jurors Drainage & Con- struction Contracts Orders of Taking Sewer Ease. ments and Drain Easements Bids -Fire Station Equipment 466 Munroe Cemetery Bridge Oak Park Mass. Trash 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 $900. It is his intention to ask for transfer pro- cedure directly. Upon motion byl$eleotman 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 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", Mr. O'Connell.: There is a $2,000 insurance package policy on 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. Mr. O'Connell reported on the receipt of a letter of apprecia- 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 looking into other areas. Mr. O'Connell: They were not willing to provide satisfying solutions to our requests. They are seeking atown 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. The Board reviewed the request of Kingston L. Howard, of the Bicentennial Committee requesting the appointment of ing to the Lexington Bicentennial Committee: Dr. Rudolph J. Mr. Anthony L. Mancini and Mrs. Miriam W. Butts. Upon the recommendation of Mr. Howard, it was moved by man Brown, seconded by Selectman Busa and unanimously voted the following to serve on the Lexington Bicentennial Committ Miriam W. Butts, 116 Burlington Avenue to assume the responsi in the capacity of Cultural Affairs; Mr. Anthony L. Mancini, Street, to assume responsibilities in the capacity of the Le Administrative Affairs; Dr. Rudolph J. Robert, 25 Winthrop assume responsibilities in the capacity of the School Depart Liaison. The Board received an invitation to the Graduation Exer Dedication of the FBI National Academy, United States Marine Base, Quantico, Virginia. Chairman Kenney advised the Board that Captain James Li the Lexington Police Force has completed the course and is g from the Academy on Friday morning, September 15, 1972. Sel Busa will attend the graduation exercises as representative Board. A letter of request was received from the British Broad Corporation for permission to use the Lexington Green to fill opening and closing sequences of their program which is of a toric nature aimed to give a portrait of the thirteen colonic the eve of the Revolutionary War. Mr. O'Connell indicated that this type of activity can potential problems. There are sometimes particulars involve their choice of manner of filming. It was unanimously agreed to grant permission to the Br Broadcasting Corporation to film on the Lexington Green unde Supervision of the Town Manager. airman he follow- Fobert, elect - o appoint e; Mrs. bilities 115 Reed al and ad, to ent ises and Corps a of aduating ctman f the eating the his- s on cause d in it1sh r the Chairman Kenney read a letter from Mr. Berman, Manager f 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 to be. recorded as requesting that in the future the liquor ores in Lexington be permitted to have the option of remaining open, or closing, on these holidays, (April 19th not with -standing), subject to any changes in the law and according to individual needs nd dictates. Selectman Busa: I hope that if the Licensing Board sh Id re- quest that the package goods stores remain closed on Patriots Day, April 19th, that all will co-operate. Chairman Kenney: The new ruling from the Alcoholic Bev rages Control Commission means simply that package goods stores a to 467. Bicen- tennial Committee Appoint- ments Capt. J. Lima FBI Academy Fi Iming on Green British Broad- casfing Package Goods Stores Holidays 46.8 Great Meadow Study Committee 1973 Highway Improvements Chapter 90 Mass. Historic Commission remain closed only on Sundays, Memorial Day, Thanksgiving Day and Christmas Day. It will be the request of the local licensing Board 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 the Great Meadow Land area. Selectman Riffin: Perhaps this report should be referred to the Planning Board. 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 of Chapter 90 Appropriations. It was moved by Selectman Buse, seconded by Selectman Brown and unanimously voted to adopt the recommendation Of the Director 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 Buse, 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 and Duties from the Massachusetts Historical Commission outlining'the matters concerning historic preservation and coordinate preservation 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'i,n preservation land. The Town is in a good position on that stand -point. 1 believe this past research will be. -very important since there is a dead -line to meet - June 20, 1973. Basically, this is late notice for a Town to form such a Commission especial Meeting vote is required to bring this about. 1 would like the forming of such a Commission; monies will be routed thr State. I would recommend that a thorough discussion be hel Historic Districts Commission and that the Board might consi forming of a special commission to direct their efforts in t If a group from the Lexington Historic Districts Commission prepare necessary data prior to the approval of the:Town Me Lexington should be in a good starting position because of t ous inventory that we already have. Chairman Kenney: It would be wise to see its effect o Historic. Districts Commission. Do the members of the Board talk with officers of the Histories Society? Selectman Riffin: if the Commission were to include the Historic Districts Commission and the Historical: SOciet cbu l d coordinate their efforts and compile the-•ne essary l n tion, Chairman Kenney: Perhaps officers of the•Historical S should be contacted to meet with the Board of Selectmen as possible, at which time we will request their assistance in matter. The Board agreed. Chairman Kenney read a request from.rilyn Cravis, 6 Road, , for permission to hold a block party on Rogers Road o September 23, from 6:00 p.m. to 11:30 p.m., (rain date, Oct. Plans to include the following neighborhood streets; Marshal Fessenden Way, Rolfe Road and Rogers Road. The Police Chief ported that he has no objection to this request. Selectman Busa: I believe that the usual hours allowed Board for such block parties are up to 11:00 p.m. It was moved by Selectman Brown, seconded by Selectman and unanimously voted that permission,be granted to hold a b party on Rogers Road on September 23 from 6:00 p.m. to II:OC (rain date Oct. 1, 1972). The Board received a letter from Mr. J.L. Strominger, Massachusetts Avenue, requesting that a fence be placed bet property and the Center Playground to discourage trespasser provide privacy. It was agreed that Mr. Strominger be advised that the referred the letter to the Director of Public Works for revi recommendation and that he will be contacted upon receipt o report from Mr. McSweeney. Chairman Kenney read a request from Mr. D.A. McArthur, ing installation of sewer on Adams Street in order that he construct a dwelling on a portion of Lot #23. It was noted ly if Town o urge gh the with the der the is line. were to ing, e previ- the wish to bers of ,; they - orma iety on as his ers Saturday, 1). I Road, has re - by the Busa, lock p.m., e0 en his and and has ew and the request - e able to that, 469 Permit Request for Fence Mr. Strominger Request for Sewer Adams St. 470 Certificate of Incor- poration Easements Sidewalk Slope I.D. Cards Water Abatements that parcel of land is almost on the man suggested that the Board include budget requests. It was agreed by the Board that Burlington Town line. The Chair - this request on the 1973 sewer Mr. McArthur be so notified. Chairman Kenney read a request from Secretary Davoren to Certify the character of,persons who have applied for Certificate of Incor- poration. Upon receipt of confirmation from the Chief of Police, it was moved by Selectman Busa, seconded by Selectman Riffin 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 Busa, seconded by Selectman Brown and unanimously voted to adopt the intent and request the preparation of order of takings and award +bf• no damages for Slope Easements as described on plan dated August 22, 1972 on Winchester Drive as follows: Joseph F. 6 Margaret B. Troisl 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- fication Cards for the following: Dorothy R. Collentro Diamantina Feeney Sandra A. Jones Christopher Stolz 43 Harding Road 23 Crescent Hill Road II Downing Road 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. It was moved by Selectmen Busa, seconded by Selectman Brown and unanimously voted to sign the Commitment of Water Charges and Water Abatements as follows: Charles Chicarello Leroy Hebert Joachim Sinek John Porter 34 Taft Avenue $14.35 - Wrong reading 18 Bowker Street 31.31 - Wrong reading 7 Dunham Street 6.97 - Wrong reading 455 Lowell Street 9.45 - Wrong reading Motion by Selectman Busa, seconded by Selectman Riffin the minutes of the Selectmen's Meeting, regular and executiv of August 7, 1972; unanimously voted. It was moved by Selectman Busa, seconded by Selectman B unanimously voted to sign the Orders for Construction of Sew follows: Mill Brook Road - from Westwood Road a distance of 765 feet, less, northwesterly to Suzanne Road. Suzanne Road from Mill Brook Road a distance of 1660.97 more or Tess, to the limits of the accepte Westwood Road - from Mill Brook Road a distance of 240 fee less, northeasterly. It was moved unanimously voted Suzanne Road Brent Road - Emerson Road 471_ o approve session, Minutes own, and ✓ as more or feet, portion. , more or by Selectman Busa, seconded by Selectman B own and to sign the Orders for Sewer Takings as fo lows: from Emerson Road a distance of 303 feet, More or less, northeasterly. from Emerson Road, southerly a distance of 653 feet, more of Tess. from Suzanne Road a distance of 328 feet, flore or less, easterly to 661 feet, more or less, )resterly of Suzanne Road. It was moved by Selectman Busa, unanimously voted to sign the Orders attached engineering specifications, Bow Street Bow Street Brookside Ave. Mass. Ave. School Street Turning Mill Rd.- Northerly from Robinson Road - 760 feet. Winchester Dr. - Southerly from Lowell Street - 212 feet. Easterly side from 235 feet. Easterly side from 715 feet. - Southerly from Waltham Street - 585 feet. Southerly from Jean Road - 2145 feet. Easterly from Eastern Avenue - 560 feet. seconded by Selectman B for Sidewalk Constructi as follows: a point opposite Cliffe own and n as per Avenue a point opposite Fottier Avenue Orders for Sewer Construction Orders for Sewer Takings Orders for Sidewalk Construction 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 Riffin: 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. 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 Report contest. Selectman Buse: 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 Booed of Selectmen to prepare Articles 57, 1972 and 79, 1970, Hamilton - Baldwin (Concord Avenue), as proposed by Barnes Engineering Co., Inc. It was moved by Selectman Buse, 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). Articles Conservation Commi ssion 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 t e 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 funds to cover expenses of this project. Mr. McSweeney indicated that he has acquired necessary ids and quotes and asked of the Board direction as to the next step f proce- 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 B own and unanimously voted to authorize this installation of brick si ewalk, 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 Spe ial Com- mission to develop -a Master Tax Plan and Program for Taxatio has submitted their final report on their findings and recommend tions. My question is, do we wish to set up and appoint such a committee? Copies of this report will be sent to each Selectman fo 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, Grant Street to Lowell Street. Mr. McSweeney is to notify the Board when the area descibed on the plan is staked out, that they may view the necessary proedure. At 9:05 p.m. it was moved, seconded and unanimously vot d that the Board go into Executive Session for the purpose of discu sing, deliberating or voting on matters which, if made public, mig t ad- versely 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. Ctiairman Kenney noted that the Board will resume their regular weekly meetings to be held on each Monday evening at 7:30 p.M., 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: Acting Executive Clerk, eIectmen -47th Brick Sidewalk Massachu- setts Ave. Master Tax Plan Com- mission East Street Construction Executive Session 44 4/ Civil Defense ,1971 Town Report Contract Paint Standpipe Tree on Buckman Tavern Lawn Dumping Violation SELECTMEN'S MEETING September 11, 1972 A regular meeting of the Board of Selectmen men's Meeting Room on Monday evening, September Chairman Kenney, Messrs. Bailey, Buse and Brown, O'Connell, Town Manager; Mr. McSweeney, Director McCurdy, Executive Clerk, were present. was held in the Select - 11, 1972, at 7:30 p.m. and Mrs. Riffin; Mr. of Public Works; Mrs. The Board presented a certificate to Mr. Arthur E. Burrell, Civil Defense Director, who has recently completed a special State seminar on Emergency Preparedness. The Board extended its congratulations to Mr. Louis A. Zehner, Chairman of the Town Report Committee, for his outstanding work on the 1971 Town Report, which won second place in Class 1 of the State Town Report Contest. Mr. O'Connell recommended that the Board award the contract for painting the standpipe located off Morgan Road. Upon motion duly made and seconded, it was voted to award Con- tract 72-8-E, for painting the standpipe, to Nick Drywall Construction Co., Inc., 217 Elm Street, Woonsocket, Lode 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 Bicentennial, and to have a plaque on it calling it the Liberty Tree. She asks whether the Town would allow it, and would designate the spot; also, could the Public Works Department transplant the trees, 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- 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 Station at the corner of Marrett Road and Waltham Street has been transported, without the necessary Town permission, to private property at the end of Valleyfield Street. This is .a viola Board of Health and the Hatch Act. The Board of Health is the matter of the.violation of dumping and intends to take have the debris removed because it is not proper fill. Mr. O'Connell reported to the Board that mailing the tax bills is 1 to 2 weeks ahead of schedule. We have recei $356,000 as of September 6, which is almost double the amou at this point last year. Chairman Kenney read a letter from Mr. Stephen Politl that if the Board re-establishes a Tax Legislation Advisory he would be interested in becoming a member. The Board agreed to inform Mr. Politi that a committee be considered at this time as it is kept informed by the Ma Selectmen's Association, the League of Cities and Towns' As and the Massachusetts Taxpayers' Foundation. Chairman Kenney read a request for a block dance on Se 1972. Upon motion duly made and seconded, it was voted to gr sion to the Estabrook Neighborhood Association for a block held at Hawthorne Road and Longfellow Road on September 15, 7:00 p.m. to 11:00 p.m. Chairman 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 that a preliminary investigation indicates that there is an inade- quate number of fire hydrants in the area and the matter is being investigated. If the preliminary findings prove correct, w4 would 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. ion ofthe ursuing ction to al estate ed t received tating Committee, wou l d not sachusetts ociation, tember 15, nt permis- ance to be 1972 from Chairman Kenney read a letter from Mr. Chester Duval s hazardous conditions exist in the sidewalk in front of 3 Bo A report from the Director of Public Works was read st hazardous conditions exist and a work order has been issued temporary repairs to the sidewalk. This area will be inclu 1973 capital expenditure budget for sidewalk reconstruction Chairman Kenney read a request from the Tax Collector the vote of April 18, 1972 to abate the sum of $160 for ren ating that Street. ting that for ed in the Tax Bilis Mr. Politi Advisory Committee Permit Btock_' Dance Forten Request Water Main Bow 5t. Sidewalk o rescind Welfare al of the Rent 416 Friedman request for Town Emp. 1973 Streets 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- ing that a full time Town employee is needed:to administer the Conservation, Recreation and Park maintenance programs. 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: Grassland St. - 2,050 ft. Holland St. 200 ft. Kimball Road - 200 ft. Laconia St. - 1,600 ft. Tavern Lane Fern Street - 600 ft. - 80 ft. Mr. McSweeney reports Attorney Norman May at the percent participation. Holland Street is not sanitary sewer. Estimate from Payson St. to Valleyfield St. $100,000 from Taft Avenue Northeasterly 10,000 from Reed St. to Hickory St. 10,000 from the accepted portion of Laconia St. to Lowell:St. .80,000 from Percy Road to Eliot Road 30,000 at the intersection of Pleasant St. 4,000 that Grassland Street was submitted by request of the abutters. There was 100 recommended. It nees the installation of 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. Fern 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 Hol and Kimball Road. Mr. Buse: If you take out Holland Street - There has request for a sewer in that area; all they want is a passab Chairman Kenney: I wouldn't want to recommend more th I recommend that we take this matter under advisement and M will.present more information to the Board next week. The Board agreed to discuss the 1973 streets next week and Street ever been a e street. n $100,000. . McSweeney 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: 1 haven't seen East Street, but I have seen Spring Street. Chairmen Kenney: What is the time element? Mr. McSweeney: On East Street, Mr. Kiernan of the Sta-Ie DPW is waiting for us to come back with the answer. Sidewalk blds will be opened on next Thursday. We have one problem wi,th'School S reet - the request came from area residents because of traffic pro.lems in crossing at the end of the street. We have three trees bec=use 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 ab t these trees, three are not for it. On School Street, we 'don't wa t to have a tree hearing; it has been reviewed by the Traffic Committ=e. Mr. Graf: As a member of the Street Committee, I don' see how we can do anything but take them out; there is a 30 -inch el tree there and 1 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, y proceed with the sidewalks on Bow Street, Brookside Avenue, setts Avenue, School Street, Turning Mill Road, and Winches Mr. McSweeney and Mr. Graf agreed. u will Massachu- er Drive. Mr. Brown informed the Board of a meeting which is to e held by residents of Spring Street who are opposed to the 30 ft. pa ement and the Toss of trees by the construction of the sidewalk. The Board discussed East Street. Chairman Kenney: As you know, this was passed by Town Meeting for the reconstruction under Chapter 90. We want to procee , and the next phase has to be passed by Town Meeting. 477 East Street Spring Street East Street 418 Sewer Betterments LCSR 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: Barberry Road Benjamin Road Concord Avenue Fessenden< Way Outlook Drive Rogers Road Rolfe Road Stonewall Road Waltham Street Field Road Old Shade Street 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 1 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. Upon motion duly made and seconded, it was voted to appoint Mrs. Natalie H. Riffin a member of the Lexington Commission on Suburban Responsibility, representing the Board of Selectmen for a term expir- ing June 30, 1973. Mrs. Riffin nominated Mr. Frank 1. 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 1. Michelman a Member -at -Large on the Lexington Commission on Suburban Responsibility for a term expiring June 30, 1973. Mrs. Riffin 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 Robert M. Shaw Dr. Robert Mann Clarence D. Turner Mrs. Keith Butters REPRESENTING Chamber of Commerce Council of Congregations Lexington Interfaith Corp. League of Women Voters 1 1 Dr. Eric T. Clarke Mrs. Lois W. Brown Richard Eaton Captain Edward Silva James H. Hathaway Daniel E. Power Planning Board Metropolitan Area Planning School Committee Town Employee Lexington Teachers Lexington Housing Authority Council Chairman Kenney: When we receive nominees from the Tow Association, two members will be appointed; next week, we wi appointment of the Member -at -Large Mrs. Riffin: The Principal of the High School will soc nominees to be considered for the appointment to the Comniss representatives of the High School students. Chairman Kenney discussed the sidewalk in front of the at Massachusetts Avenue, Meriam Street and Depot Square. La discussed a policy decision on putting the sidewalk back as fore, or to put in a new brick facing. The owners are willi cooperate and we have money because of the cancellation of t Road sidewalk. Mr. McSweeney was instructed to put in a bri walk. Also, Mr. McSweeney has had calls asking if there wou n Meeting 11 make the n submit ion as new building st week, we it,was be - ng to e Lillian k side- d be 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 a that September 15 is the cutoff date for filing petitions fo sewers; formal petitions which are sent out are to be return Engineering Department by October 15, in order to be include sideration in the 1973 capital budget. Chairman Kenney informed the Board that he had received from the Executive Assistant to the Arlington Board of Selec garding the possibility of a'meeting regarding the feasibi11 golf course in the Great Meadows; this meeting would not be the Arlington Board' of Selectmen but by some other Arlington Arlington is to have a Special Town Meeting on October 10, a is an Article in the Warrant for a 9 -member committee to be A letter has already been sent to the Arlington Board s that our position has'not changed to keep the Great Meadows open, natural state. The Board agreed not to meet with the Board, and would wait until after October 10, 1972, Upon motion duly made and seconded, it was voted to go cutive Session for the purpose of discussing, deliberating of On matters which, if made public, might adversely affect the security financial interests of the Town or the reputation o After discussion of personnel matters, it was voted to Executive Session and resume the open meeting. vises 1973 d to the for con - a call men re - y of a haired by Committee d there ormed. sting n its rlington nto Exe- voting public a person. O out of 479 Central Block Sidewalk Mass. Ave. & Meriam 1973 Sewer Petitions Great Meadows Executive Session 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 fast 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. 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. For the Bicentennial, we should consider the possibili behind the Church of Our Redeemer and provisions for parkin more general areas around the Center. There is the question of whether Town -owned parking sp be used for everyone or we should property reserve them whe proper to do so. We feel it is the Town's responsibility f viding adequate parking for visitors. Our last position wa Meriam Street parking lot should be extended because we nee ing it would offer to us. Do you agree with our pos#tion? Chairman Kenney: We intend to come into the next Town present Meriam Street again. Mrs. Brown: There are ways to get this thing discusse whole at Town Meeting; people are hostile to pieces, but if see the overall plan of the Center.... Mr. O'Connell: I would suggest that it would be more to do it with an attendant rather than meters; for a trial it with an attendant. 1 think it could' be done at a modest Mrs. Brown: I think it is important to give it wide p We fee•I the urgency of getting on with it. The Planning Bo plans should be gotten into; with its present staff, we can information at the present time. Mr. McSweeney: A parking study is being included in o program concerning the Central Business District, and parki tures are included. This is funded 50 percent by the State percent by the Federal Government. You have approved phase part of it is traffic and the Central Business District. W get in touch with TAM to review this in the 3rd phase. The professional staff for the study you are looking for. Mr. McSweeney agreed to investigate the status Of the gram and to come back to the Board with a report. The Board of Selectmen and the Planning Board agreed t discuss and come to an agreement on how to approach a solut the parking situation in Lexington Center. y of land in the ce should e it is ✓ pro that the the park - Meeting to as a they could ract1ca1 eriod, do cost. blicity. rd feels t produce ✓ TOPICS g struc- and 50 2 and could e is your {'OP I CS pro - further further on to 481: 1 Chairman Kenney informed the Board that, as of October 1, 1972, Mr. Legro will be appointed Special Counsel and Palmer and ledge - Town Mr. Norman Cohen will be Counsel for the Town of Lexington, Counsel Ripon motion duly made and seconded, it was voted to adjourn at 10:35 p.m. A true record, Attest: Executive Clerk, Select 48 62 j Empey - DPW Operations Manager _Drain Easement Marrett Rd. Slope Easement Mass. Ave. Slope Easement School St. Drain Easement Hancock St. Sidewalk (Construction Contract 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. Riffin; 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. Chairman Kenney congratulated Mr. Empey upon his Operations Manager of the Department of Public Works. Mr. O'Connell and Mr. McSweeney wished him success in tion, and Mr. Empey said he would perform to the best Mr. Empey retired from the meeting. Mr. Legro requested the Board to sign Orders of Taking. Upon motion duly made and seconded, it was.voted to sign the Order of Taking of a drain easement off Marrett Road on the property 'owned by David R. Drew and Billie H. Drew; no damages awarded accord- ing to vote of August 21, 1972. appointment as Board Members, his new posi- of his ability. Upon motion duly made and seconded, it was voted Order of Taking of a slope easement on the property o Wilfred J. and Virginia E. Wagner, 2408 Massachusetts Lot 129; no damages awarded,:according to the vote of 1972. to sign the wned by Avenue August 21, Upon motion duly made and seconded, it was voted to sign the Orders of Taking of sloe easements on School Street for the following: no damages awarded, according to the vote of August 21, 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 ElizabethF. Downey of 1 Stimson Avenue. Upon motion duly made and seconded, it was voted to signthe Order of Taking of temporary construction drain easements off Hancock Street on the property owned by Martin 1. and Joanne G. Small; John F., Jr. and Nancy A. Downey. Mr. O'Connell informed the Board that bids had been received for the sidewalk construction on Massachusetts Avenue, School Street, Winchester Drive, Bow Street, Brookside' Avenue, and Turning Mill Road. Three firms bid and he recommended that the contract be awarded to Somerset Paving Corporation in the amount of $63,086.43. Upon 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 be =n received from the Navy Recruiting Service for the use of the Battle i.reen for an enlistment ceremony for seven men and one woman from Lex ngton, to be held on September 27, 1972 at 10:00 a.m. Upon motion duly made and seconded, it was voted to gr nt the re- quest of the Navy Recruiting Service for the use of the Bat le 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 h d re- jected the application for reimbursement on the Titelbaum, allou and Cooke parcels of land; the Commission has applied to the St to for 50 percent reimbursement but I am not too optimistic es 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 at ended in Chicopee. He recommended that Board members attend conferences to be scheduled at a later date. The Board discussed the appointment of 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 ap oint Donald E. Legro as Special Counsel of the Town of Lexington, effec ive October 1, 1972 new Town Counsel and a 483. Permit Green Conservation Open Space Program Fiscal Year Change Chairman Kenney read a letter from Mrs. Magnuson, 11 Hncock Street, regarding traffic in her area. Traffic Upon motion duly made and seconded, it was voted to reer Mr. Magnuson Magnuson's letter to the Traffic Committee for a recommenda-ion. Chairman Kenney read a letter from the Charles River ble Tele- vision Co. of Waltham requesting an appointment with the Bo rd to 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 info the entire matter. CATV 484, Upon motion duly made and seconded, it was voted to sign betterment Betterment assessments for the following streets; Assessment Sidewalk Assessment Abatements 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 4 Chase Avenue, Lexington James P. Ki ley 3 Chase Avenue, Lexington Ernest & Mario DaRu 10 Baker Avenue, Lexington Mary R. McDonough 3 Baker Avenue, Lexington Fannie A. & Kenneth R. Lambert 6 Ellis Street, Lexington Daniel L. & Pauline S. Hurley, h/w 30 Taft Avenue, Lexington Lloyd M. Jr. & Jean E. Allen, h/w 32 Taft Avenue, Lexington Charles A. & Mary C. Chicarello, h/w 34 Taft Avenue, Lexington $12.00 Figured on incorrect dis- tance & field measurement 12.00 u n n 12.00 " " " 12.00 " ° " 12.00 rJ 11 n 28.39 " " 11 25.50 " " 11 30.00 " 11 11 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 D0 ING ROAD Mr. & Mrs. Manuel J. Ferry 40.50 50 Downing Road, Lexington 11 Betterment assessment figured on incorrect distance 1 1 Chairman Kenney read a memorandum from the Director of requesting a water abatement for Raytheon, Navy Mfg., 78 Wes in the amount of $3,538.71. The memo gives the cost for wat for the periods of September, 1969•through May, 1970, and Oc through March, 1971 and states that "The September, 1969 thr 1970 water bill of $9,956.00 was an estimated bill based on data, however Raytheon was not in agreement and refused to p A lien was then placed against the Raytheon property by Lexington. A meeting was then held on September 13, 1972, a office with representatives from Raytheon and the Lexington partment.' The bill was recalculated for this period, and th $6,419.39 was mutually agreed upon by both parties. The October 1970 through March 1971 water bill of $3,95 also was not paid by Raytheon, plus the $6,419.39 equals a t mitment of $I0,373.32. Raytheon has agreed to pay the $10,373.32 but would lik meht of $3,538.71 from the original estimated bill of $13,91 the removal of the lien against their property. In my opinion the rate assessed by the Water Department is fair and just, and I therefore recommend that Raytheon Co the abatement of $3,538.71 and the removal of the lien again property. If the above meets with your approval, please adv that necessary action may be taken." Upon motion duly made and seconded, it was voted to app request of the Director of Public Works to sign a water abat Raytheon, Navy Mfg„ 78 Westview Street, Lexington, in the a $3,538.71. Upon motion duly made and seconded, it was voted to req Collector of Taxes to delete the water lien against the prop Raytheon, Navy Mfg., 78 Westview Street, Lexington. The Board discussed the recommendations of the Director Works regarding 1973 Streets. Mr. O'Connell: The capital budget will come in on an 1 basis and it is my feeling the amount of street construction be within the $100,000 to $150,000 range, plus a little more work in order to ask the Spring 1974 Town Meeting for the st would be in the next budget. This will take care of 1973 st struction and a more than normal amount for design; it shoui to $125,000, and possibly $150,000, and that would be consis what we are going to do. Chairman Kenney: Grassland Street is estimated at $100 Holland Street at $10,000; Fern Street at $4,000. That will $114,000, plus a little for street design, a total of $124,0 Upon motion duly made and seconded, it was voted to ins Director of Public Works to make the necessary arrangements to be done up to final design and bidding on Grassland Stree Street and Fern Street. 1 ublic Works view Street, r supplied ober, 1970 ugh May, istorica1 y this bill. the Town of the DPW ater De - sum of .93 which ral com- an abate - .03, and of $10,373.32 npany receive st their ise in order ove the ment to ount of est the rty of of Public 485. Raytheon Water Abatement -months should for design eets which eet con- 1973 come out Streets ent with 000; be 0. ruct the or work Hol land 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.l0, 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. Yield Signs Leaf Collection Traffic Fairlawn Lane MBTA Chairman Kenney requested the Board to rescind the vote of August 21, 1972 to amend the Traffic Rules and Orders by adding Yield Signs at Massachusetts Avenue and Worthen Road; the section is incorrectly 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 Worthen Road Northeastbound at Mass. Ave. Yield 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. Mr. O'Connell: Our past action was to inform the citizens that 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 Lane regarding traffic in the area and recommending that a "Caution Children"_sign be erected. 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 Engineering Department to attend the meeting in Cambridge regarding the.extension of the MBTA on September 20, 1972. Mrs. Riffin and Mr. O'Connell agreed to attend the meet Town Celebrations Committee on September 21, 1972. Chairman Kenney read a report from the Director of Publ regarding Buckman Tavern, as follows: "SUMMARY OF FINDINGS The building itself suffers from a great lack of preven tenance which is the main cause of the deterioration of`the i side walls, clapboards, facia boards, gutters, window sills dormers, and the wooden shingled mansard roof. While an ann tenance program would have reduced the amount of damage from dampness, and seasonal heat exchange, the building's present is also structurally unsound and in need of a complete overh 1. The entire basement of the main house, the post offi under the rear area (under the kitchen) appears to be in exc condition as a result of the work done in 1965. The sills, joists, and carrying beams that have been reinforced, replac insect controlled, appear to be in fine condition. 2. There is a buckling wall between the taproom and th the removal of a stairway in the kitchen may have had some e this. 3. In the east wall of the main house between the tap the kitchen, the beam adjacent to the stairway seems to be supporting column. 4. The middle side of the north side of the attic;surr the fireplace all plaster shoutd be taken out - leaks around place. 5. Roofing and flashing obviously leak on the mansard 6. Front portion of the mansard roof section is leakin the gutters and windows of the attic. 7. Outside upper roof and flashing appear to be in go 8. Throughout the house, a lot of cracking may be due amount of irregular heat control, dampness and moisture, an maintenance. 9. Porous condition of roof causing dampness in walls. IO. Center wall but moisture getting II. Wooden roof with flashing. ng of the c Works ive main- nterior nd frames, al main - water, condition ul. ce, and 1lent loor d, and e kitchen - ffect on om and issing a unding the fire - roof. g around d condition. o the lack of and gutters over front door appears to be nothing down behind the clapboards. and dormers should be replaced and tightened up 487 Buckman Tavern 488 Oakmount Circle Sewer & Drain RECC1$IENDAT I ONS 1. The Building should have a complete survey to evaluate the 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 awarded Contract 72-2-E to P. Gioioso & Sons for drain con- struction in various locations including improvements to Oakmount Circle in the same vicinity as the sewer. In attempt- 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 thts recommendation is that Gioioso is better equipped to handle the large quantity of ledge estimated in this area plus averting the conflic sewer and drain. Having one contractor perform both i work will avoid any confusion and expedite the complet projects. It is our feeling that these steps would be best interests of all parties concerned." After discussion, the Board agreed to accept the recomrr the Director of Public Works. Upon motion duly made and seconded, it was voted to all Lucente Co. to sublet the sewer installation contained in 70-7-E. to P. Gioioso & Sons under the following conditions: 1. The vote of the Board in favor of subletting this work to be approved by Town Counsel. with the ms of n of both in the ndation of w J.M. ntract 2. The work is to be performed at the unit prices bid under contract 70-7-E originally awarded to J.M. Lucente . 3. The work is to be done under the supervision of they Director of Public Works. The Board agreed to meet with Mr. O'Connell on Saturda morning, October 28, to discuss collective bargaining, budget schedul , etc. The Board discussed the appointment of a Member-at-Larg to the Lexington Commission on Suburban Responsibility. Upon motion duly made and seconded, it was voted to app int Mrs. Elizabeth H. Clarke a Member -at -Large on the Lexington Commission on 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 resul s of a meandering sidewalk and the results of the survey. If you h ve a meandering sidewalk, you have to go to Town Meeting as it be omes a footpath at their front door. This is a non -benefit street nd 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. Riffin: What is the width of the street as it wa staked out? Mr. McSweeney: It tapers from 40 ft. to 55 ft. in plac s. Mrs. Riffin: The sidewalk is on the west side? 4S9 LCSR Member -at - Large Spring St. 490, Bedford St. Eldred St. Traffic Signal Library Parking Traffic Grant St. Mr. McSweeney: Yes. Mr. Busa: 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: 1 will take it under advisement, and make a recommendation to the Board. Mr. Brown: I request that I 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. Mr. Bailey asked the status of the Eldred Street -Bedford Street request for traffic signals. Mr. McSweeney: We are waiting for Mr. Mistretta of the'State 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 1. Strict enforcement is being implemented with regard to metered parking. Item 2. The installation of meters along Clarke Street from 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- ing a request from Mr. Arthur D. Marlin, 54 Grant Street, concerning traffic conditions in the area: "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. Marlin's proposal for remedying the situation. Grant Street is currently posted for 30 MPH and, if drivers wi I l 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- pany and the problem, as presented, is that since the construction of Route 2 and subsequent realignment of Spring Street, several 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 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 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. %t Executive Clerk, Selectmen 491 Traffic Spring St. Raytheon Executive Session 492 ,. School Street Mystic Valley Gas Co. Webb St. 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. Riffin; Mr. Legro, 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 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 oard.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 proposed location has been approved by the Director of Public Works and will conform to his specifications. Plans were explained showing an existing gas main to 17 Webb 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 wantgas, 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 ;is now asking for special con- sideration. Chairman Kenney: i know of no special consideration Mr. Hansen: He has been in violation of the building code; it is on record. 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 Road; it is just looping the system. There are several trees, none of which. will be cut, but the line will go close to the trees. Mr. Coscia recommends that permit conditions will include (1) working hours of 9:00 a.m. to 3:30 p.m. (2) any excavation near or around trees shall 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 sufficiently last year? 4:.. Mystic Valley Gas Co. Lowe l l Street 494, Mr. Kirshner: The pressure did drop down some; when we tie in to Lowell Street, it will take care of the cutback in other situations. Mr. Alibrandi, 565 Lowell Street: Is there any consideration to tie this in with the sewer line? Chairman Kenney: They are 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 Road 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: Or. 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 Tike 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 from 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. 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? Mr. Kirshner: Yes; medium pressure is 25 pounds and low is 2 pounds. We will abandon the one in the Center. 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 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. McSweeney and will conform with his specifications. This is a single Regulator Pit. Mr. Kirshner: There is one in there now and we would put this ,one in adjoining it; they require two Regular Pits now. Mrs. Riffin: What is the actual size? 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 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. Also, Mr. Mazolla of 526 Marrett Road. Mr. Dunn: This petition is at the request of Mr. Mazolla to 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. 4 Jen Mystic Valley Gas Co. Winthrop Road Regulator Pit Mystic Valley Gas Co. Eldred St. Regulator Pit NET&T Co. & Boston Edison Marrett Rd. Pole re- location 2196 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 ownediby 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 Townfrom Eastern Mineral, Chemical Corporation, and International Salt Co., all et $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. Mr. O'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 Iocated,.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 1 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 the purpose of constructing and equipping a regional voca- tional technical high school and, that this appropriation 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. 497 Regional Vocational School Vote 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 t� 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: 1. A sewer charge in lieu of betterment to be paid to the Town of Lexington. 498 Traffic Hancock St. 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, concerning traffic safety conditions on Hancock Street. 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. Chairman Kenney read an invitation from the National Park Service to attend a preplanning public meeting for the Master Plan Revision Study for Minute Man National Historical Park which will beheld at the Concord Regional High School on September 26 at 8:00 p.m. Mr. O'Connell is to check with the Planning Boardfor represent- ation at the meeting. 499 Minute Man National Park Chairman Kenney read a letter from the State Community Antenna Telev.fisionCommission 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 thatwill"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: 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 of the Selectmen's Meeting of August 21, 1972. Certificate Of Incor- poration Minutes 540 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, for the transitional period of approximately two months when we have 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. Transfer Law Fees Chairman Kenney read a report from the Assistant Town Engineer 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 composedof 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: l 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. 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- mfssion 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 6:00 p.m. 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 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 10:40 p.m. A true record, Attest:r Executive Clerk, Selectmen 501 Permission for Signs Executive Session 502 Town Counsel Jurors Gas Mains Lowell St. Webb St 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. Riffin, 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 expressed their most sincere thanks to him for his ten years 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 follows: • John N. Langstaff Frank J. Sager Bernard Bernstein Carl B. Drevitson, Jr. 9 Burlington Street III Emerson Gardens 132 Worthen Road 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 your company's petitions to install gas mains in Lowell Street and' Webb Street. 'Selectman Brown and the abutters had questions con- 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 i:nstaIlation, 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 wtith 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 the line is tested to 100 pounds per square inch of pressure so if there are any Teaks 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 e 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 taw, 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: 1 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 difference. 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 School St. Sidewalk Deletion 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 grantpermis- sion to the Mystic Valley Gas Company for the following locations: 1. 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. Chairman Kenney read a petition from the residents of School Street stating their objection to the construction of the sidewalk. 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., 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 tither 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 there is no permanent employee at the recycling area. Mrs. Miller: The League of Women Voters feels that everyone 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. Hats: 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 landfill. 50 Recycling Hartwell Landfill 506 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 sumer; 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. Riffin: 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 sumer and have asked Mr. McSweeney to prepare budgetary consideration for 1 or 2 attendants. That would take Town Meeting approval. 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 reputation of a person. Session 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 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. Riffin: Are there any programs that would be curtailed that we are now receiving funds for? Mr. O'Connell: As I understand it, no. going to be considerable overhaul but that is $30 B. The Appropriation Committee retired from 1 understand there is above and beyond the 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 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. Bi l i Transfers 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 Violation Mobil Gas Data Processing Option Hill Land Traffic Lights Worthen Rd. Mass. Ave. Minutes Abatement Mr. O'Connell reported to the Board on the matter of dumping of debris by the Mobil Gas Station in the Valleyfield area. The matter 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 Committee has received proposals and has voted to authorize us to 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. CFiairman Kenney informed the Board that Mr. Legro has requested that the Board vote to rescind the vote of September 25, 1972 to exercise the option on land owned by William Hill; the option has 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. Chairman Kenney read a letter from Arthur N. Landry, 5 Minute Man Lane, dated September 22, stating that the traffic lights on the corner of Worthen Road and Massachusetts Avenue have been 41 - 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 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 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. 1 Upon motion duly made and request of the League of Women by Governor Sargent for League through October 11, 1972. seconded, it was voted to approve the Voters and endorse the proclamation of Women Voters' Week on October 5 Chairman Kenney read a request from Special Town Counsel Legro to sign the order of taking of slope easements on Winchester Drive. Upon motion duly made and seconded, it was voted to sign the ,order of taking of slope easements in two lots on the southerly side of Winchester Drive. Chairman Kenney read a recommendation from the Conservation Com- mittee that it had reviewed the Old Vine Brook bridge and felt that the present bridge should remain until proper access to it can be 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 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 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 Swamp, as follows: "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 509. LWV Proclamation Order of Taking -Slope Easement Winchester Drive Old Vine Brook Bridge Liquor I.D. Spring Street Tophet Swamp 510 Bergstrom Re quest for Sewer Assess- ment Abatement Hatch Act Executive Session 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." Chairman Kenney read a request from Mrs. Beatrice 1. Bergstrom, 497 Concord Avenue, for an abatement of sewer betterment assessment in the amount of $1,411.33. Upon motion duly made and seconded, it was voted to refer Mrs. Bergstrom's request to the Director of Public Works for a recom- mendation. Chairman Kenney informed the Board that Mr. O'Connell has pre- 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 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 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 1 1 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. Riffin; 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. ''Mr;: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 Clakke Junior School to supply service into the building. Chairman Kenney: Are you going in the macadam or in the soft shoulder? Mr. Mirley: We will be on the grass, except where we have to cross Waltham Street. 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 11 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. Mr. O'Connell: The Board of Health suspended the Food Service 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 Conduit Waltham St. Brookside Avenue Bamboo Hut 512, 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 1 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 11, 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 ervices for conservation easements in the amount of $1,380. Chairman Kenney read an opinion from Mr. Cohen, Town Counsel, re- garding hedges at the intersection of Hamilton Road and Liberty Avenue, because of a recent accident at that location. The hedges are four to five feet in height and are located within the boundaries of the public way and the accident at the intersection was caused at least in part by the obstruction to the view presented by the hedges. Under the statute, only the Tree Warden may actually trim or remove the hedge. However, he may be ordered to do so by the Board of Selectmen 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 threaten what is expected to be a thoroughly objective role for the Committee. 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- mittee to fill the unexpired term of Doris Pullen. Upon motion duly made and seconded, if was voted to appoint Alan B. Adams a member of the Lexington Bicentennial Committee as Public Relations and Publicity Director. Chairman Kenney read a request from Claire Gray for water and sewer connections to Lot 56-A Green Lane, situated between Crescent Road and Watertown Street. Upon motion duly made and seconded, it was voted to refer the above request to the Director of Public Works/Engineering for a recommendation. 513 Safety 'Hazard Hamilton Rd. Liberty Ave. Hedges Street Advisory Committee Lexington Bicenten- nial Committee Sewer i Water Connections Green Lane 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 Tots 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 tots 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: Sewer Wyman Rd. Blossomcrest Road - SewerWater Lot 291 $169.10 $ Lot 292 338.20 66.00 Lot 293 338.20 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 Mrs. Audrey Block, 37 Wyman Road, and residents of Wyman Road met with the Board to discuss their request for sewer service. 515 c 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 rePlacementL.o* 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 woald 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 street that the pipes would not be deep enough in the ground for them to benefit; this is predominantly 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. 1f 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 Forten Water Line on Lawn Avenue Water Main Extension Adams Street 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 Kenneth J. Garland William P. Smith Carl L Jane Larsen Richard E. Bayles 37 Wyman Road 33 Wyman Road 21 Wyman Road 29'Wyman Road 19 Wyman Road Nachman S. Cohen Robert H. Sullivan Mr. L Mrs. Robert F. Stierli Mr. L Mrs. Walter A. Dodge Mr. L Mrs. John Moroney 31 Wyman 25 Wyman 11 Wyman 23 Wyman 34 Wyman 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 1 -inch water line installation along the north side of Lawn Avenue from Webster Road to lots 240 and 241 Lawn Avenue. The report states that we have evaluated Mr. Forten's request fora one inch house service on Lawn Avenue and recommend at this time that 6" 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 fail. 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 thew whole system looped, that means bringing the water main from North- Street and Adams Street to the dead end at Myrna Road and Adams 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. Rd. Rd. Rd. Rd. Rd. 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. This request was referred to the Director of Public Works/Engi- neeri.ng and he recommends that the Board sign a sidewalk betterment - assessment abatement to Mr. Haycock in the amount of $15. 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. 517; Haycock Grant St. Sidewalk Abatement Chairman Kenney read a Tetter 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 theFirst Baptist Church_. If this is not possible, to make the park- ing spaceson 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 Mrs. Seasholes' letter. At this time, we see no reason to change our recommendation of May 2, 1972 regarding Rev. Peterson's similar request for the same location. 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. The Board agreed to invite the Planning Board to next week's meeting to discuss the possibility of joining SILO. 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 cost the Town money in the budget. Chairman Kenney: We relocated a power source. Mr. O'Connell: There is a question here for Town Counsel as -to 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. Parking Childrens Center Mass. Ave. SILC Christmas Lights Chamber of Commerce Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of August 21, 1972 (Executive and September 11, 1972 (Open and Executive). The Board discussed a memo from Mr. O'Connell regarding Trust Funds, recommending that the Board consider the following actions: 1. 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. MBTA Extension 4. Present policy prohibits any external charging of DPW labor. 1 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 respofi- 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, they are dissatisfied with the work of the Boston Transportation 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 1 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 by J.M. Lucente Co. to P. Gioioso & Sons, Inc. Upon motion duly made and seconded, it was voted to sign the form assenting to the subcontracting by J.M. Lucente Co. to P. 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 Dr. Leonard. Upon motion duly made and seconded, it was voted to sign the order of taking of a sight easement on the property owned by Dr. Lester 1. 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. Upon motion duly made' and seconded, it was voted to refer Mr. 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 security, the financial interests of the Town or the reputation of a 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 Executive Clerk, Selectmen Q51; 9 Subcontract 70-7-E Lucente to Gioioso Leonard Sight Easement Augustine Sewer Executive Session 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 Riffin, 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 satisfacttbry. 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<Cbrp, 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. 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 maintainunderground 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 wi11 serve in an advisory capacity to reduce hazards and injuries on the job. Through this Board it is hoped to improve conditions by developing an awareness by paying more attention to safety, such as safety procedures, safety devices, use of'safety cloth- ing. Safety ought not to be put on a money basis, but the amount of 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 of the 1970 Annual Town Meeting in Westwood Road, Mill Brook Road, Suzanne Road, Emerson Road, Brent Road, and Concord Avenue. There were 15 bids received, the threelow bids were received from Grandview 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: I would like to inform the Board that the Public Works Department has made great progress into the backlog of .sewer work. Mr. Coscia and I are impressed by the work that has been done. There was work done in difficult areas but the finished jobs look very good. 1 just wanted to make the Board aware of this; 1 feel that com- mendation is due. 521 Employee Advisory Safety Board New Award of Contract Sanitary Sewer Public Works Performanc Commended 522 Request for Permit Lions Club Carnival 1973 Request for Transfer of Funds Health Dept. Personal _Service Acct. Requests for transfer of Funds Public Works Acct. 05450 Public Works -Account 05700 Public Works Account 05850 Mr. O'Connell advised the Board that he has received a request from the Lions Club to hold their annual carnival on July 1 through July 4, 1973. The reason for the early requeet;is to ask for first 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 Transfer from the Reserve Fund by the Health Department, Personal Service Account, for the amount of $925. Mr. O'Connell explained that due to illness Mr. Belcastro was unable to work for 42 days and was entitled to pay. An additional man was needed to cover the 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 for Transfer of Funds: Account 05450, 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 by the Board early in 1972 near the end of the snow season. $4,000 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 05700, Sewer Maintenance, for the amount of $15,000; current balance is $I.98. Mr. O'Connell explained that most of this additional cost will 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 05850, Sanitary Landfill, for the amount of $20,000; current balance is $6,700. Mr. O'Connell reported that the balance represents the amount held for the recycling proposal, alteration and. construction pro- grams. 523 (1) $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. 1 received a Citation frau 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 Tess 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,r`Fhe Public Works Department recommends that this project be deleted from Con- tract 072-3-E. Mrs. John W. Steiner, 22 Estabrook Road: 1 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, 1 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 load; 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 School sti:I:have four 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 committees feeling that a gathering place is necessary with a crossina 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. see no need for another sidewalk but I do see a need for better patrols on School Street. 1 1 Mr. Joseph J. Downey, 1 Stimson Avenue: 1 have observed that children cross 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 flasing 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. Duhnicliffe, 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- ti.ons. The width of the road should be considered, also winter conditions and the amount of traffic. Chairman Kenney: 1 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 l 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 1 was at the Selectmen's Meeting. 1 really do not know what brought on this shift that is beforethe 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 Riffin 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 positi+ae•at this time therefore 1 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 Tight could be operated only duringthe 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 11:45 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. Executive Session It was moved by Selectman Bailey, seconded by Selectman Riffin and unanimously voted at 9:00 p.m. 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. 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. 1 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: 1 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' considered for veterans' housing, but assuming that this is not the case if the Town has some flexibility to act on this. If it is the case that the Town is still reluctant to lease the land, then this request can be denied. I would suggest that this situation be ex- plored. Chairman Kenney: Should we consider the views of other Town Boards in this matter. Selectman Riffin: 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 adv4se that the Subregion Intertown Liaison Committee voted to ex- tend an invitation to the Town of Lexington to become a member, whereas it has been. only an observer for the past few years. Mrs. Brown further advised that the Planning Board sees the need for regional planning in 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. 527 Lexington Golf Club Request to Lease Property SILC Lexington Member- ship 52S Motion by Selectman Brown, seconded by Selectman Riffin 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 changerpermanent and legal. & Regulations It was moved by Selectman Bailey, seconded by Selectman Riffin and unanimously voted that the amendment to the Lexington Traffic Rules and Regulations be accepted as follows: Berman's Market Transfer of Stock Request for Sewer Exten- sion - Hayes Lane Ing: By deleting from Article VII, Section 1, Schedule 05 the follow Location Clarke Street Muzzey Street Raymond Street And by adding to Location Clarke Street Muzzey Street Direction Northerly Southerly Westerly same:. Direction Northerly Southerly From To Forest Street Mass. Ave. Muzzey Street From Raymond Stteet Mass. Ave. Mass. Ave. Forest Street Clarke Street To Mass.. Ave. Raymond Street Chairman Kenney read a request from Berman's Market Inc. for ap- proval of transfer of. stock. Motion by Selectman Bailey, seconded by Selectman Brown and unanimously voted to approve the request of the transfer of 50 shares 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. Chairman Kenney read a request from Mr. A. Purney Acker for ex- tension of sewer from its present location at 32 Hayes lane to 27 Hayes Lane, an approximate distance of 150 feet. The Board agreed to refer this request to the Engineering Depart- ment for recommendation. Mr. Acker will be so advised. 1 1 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 1 through 6, 1972. Mr. O'Connell expressed a reservation in granting.this permis- sion for a period of a full week. It is not onlya matter of expense, but the practical problem is that flags cannot be displayed for any length of time without theft unless there is constant patrol. It is disgraceful that we can no longer leave flags on public display because of the increased vandalism, and this is especially so for flags. 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 posted. The Planning Board feels that a properly located footbridge 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 frau Mrs. Beatrice 1. 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 $I,411.33 for this service that she cannot use. A memorandum submitted by Mr. Martin, Assistant Town Engineer, explained the details involved. Mr. McSweeney suggested that the Board allow a deferment on this betterment. Mttion 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 1. Bergstrom and located at 497 Concord Avenue, without interest, until said land or any part thereof is sold or sewered, whichever event occurs first, or until the expiration of three years from the date hereof. 529 y. Request for Permit to Display Flags at Lexington Green Vine Brook Bridge Sewer Betterment Deferment 497 Concord Avenue 530 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 arm. to 8:00 p.m. Liggor I.D. Card Minutes It was moved by Selectman Bailey, seconded by Selectman Riffin and unanimously voted to authorize the Chairman to sign the Liquor Identification Card for Robert William Armstrong, Jr., 89 Hill Street. It was moved by Selectman Riffin, seconded by Selectman Brown and unanimously voted toeaccept 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 Sig n:State Department of Public Works to construct a Class 1 Bituminous Concrete Agreement Pavement Type I-1; 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. 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 usingAis 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 that 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: Benjamin Frankhin Homes, Inc., Maple Street: No damages since this makes sewer available to a Targe 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 thesamemanner 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. Acting Executive Clerk, Selectman 532 1971 Town Report 2nd Prize Appt. to Town Report Committee Jurors AFS S i dewa I k 72-3-E SELECTMEN'S MEETING October 24, 1972 A regular meeting of 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. Riffin; Mr. ©'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. He and Mr. O'Connell had attended the Massachusetts Selectmen's State- wide Town Meeting on October 21 and had accepted the award on behalf of the Town. We have had six awards - 3 first prizes, 2 second prizes and 1 third prize. We have a strong committee now but 1 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 have a most capable committee and if you wish to expand it, we would go along with you. 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 follows: John M. Young Gerald R. Mag I i tta Jared R.' Cone Stanley M. Poplawski Mi Iton S. Dietz 4 Homestead Street 10 Webb Street 166 Spring Street 29 Oxbow Road 6 Partridge Road Mr. O'Connell informed the Board that he had reviewed with the 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 18, 1972 to Somerset Paving Corporation in the amount of $63,086.43; authority for this under Article 19 of the 1970 Annual Town Meeting and Article 64 of 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 ln the amount of $63,086.43. 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- sary engineering and plans to our satisfaction and also provide the Town with a certified check in the amount of the estimated construc- tion cost, preliminarily set at 315,000. This proposal could be added to contract 72-7-E which is currently in the preliminary 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 11:00 p.m. as there is a stoplight there. The matter had been reviewed with a representative of Boston Edison Company and the Tight lumenaire its designed in such a way that the 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 manyrre- 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 property to go to the Center Playground. 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 be submitted in the 1973-1974 budget. The Board agreed to inform Dr. Strominger of the above report. E) Er3 53 Minuteman- Regional Vocational School Sewer Strominger Lights Strominger Fence 514 Legassie Rawson Ave. Swommonland Trust -Sewer Betterment Deferment 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. The report states that the records were checked and when the 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 .yearsago. In order to repair this situation, it mould 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 f rontage,on Concord Avenue in the amount of $503.83 making a total of $1,081.78. These three (3) frontages allow for entrance into the thirty-fwve (35) acre parcel Mr. Kassman makes reference to in his letter. This department certainly appreciates Mr. Kassman's views and, feel his. 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 theTown 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. Molio-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: L1 Lot 2 (Assessors' Map 10, Lot 7): Barberry Road Barberry Road Concord Avenue Sewer $209.97 367.98 503.83 Chairman Kenney read a request from William J. Scouler, 144 Simonds Road, for an abatement of his sidewalk betterment assessment of $112.50. Upon motion duly made and seconded, it was voted to sign an abate- ment of $31.50 on the sidewalk betterment assessment of William J. 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. A -.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. Chairman Kenney to Mrs. Riffin: Is there a pool on that land? Mrs. Riffin: Yes, there is. Chairman Kenney: -Are there lavatory facilities? 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: 1 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. C e B e Scouler S i dewa l k Betterment Assessment Five Field Inc. Sewer Betterment 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 frontagethey 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 port) on 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 andfound that thesewer 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- Connection tion of service to severalfamilies 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 similar 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 032, 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 will be approximately $4,500. - 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 the trunk line is such that there would be no problem of servicing this lot. Consideration should be given to installing sewer to ser- vice as much of this area as possible, but it would cost approximately $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 shownon 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, Lexington and Burlington. The route is to discharge and later pick up the patients, and no soliciting of business will be made,by the applicant in Lexington. 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: 537. Gray Sewer and Water Requests Green Lane Bedford Charter Service License 538 K of C New Year's Eve Liquor Sheraton Lexington Inn - New Manager Entertain- ment Rules under Liquor License 7th Copper Piping Check Minutes Order of Taking Maple and Woburn Sts. Route 128 from the torn 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 an extension of hours of operation under their club liquor license until 2:00 a.m.,on New Year's 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. Chairman Kenney: When there is a new manager, a new license is issued and approval requested of the Alcoholic Beverages Control Commission. Upon motion duly made and seconded, it was voted to sign a new 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'. Chairman Kenney informed the Board that an inquiry was received from the Sheraton Lexington Motor Innrregarding rules and regula- tions for entertainment. 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 check has been received from Attorney General Quinn for the seventh` payment on Copper Piping cases in the amount of $750.23. The check has been deposited with the Town Treasurer. Upon motion duly made and seconded, it was voted to approve the 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 Woburn Street as authorized under Article 21 of the 1972 Annual Town Meeting. Upon motion duly made and seconded, it was voted to sign the 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. 1 539 Chairman Kenney informed the Board that he and Mr. McSweeney will Eldred St. meetwith 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: Executive Clerk, Select 540 New England Telephone Co. Conduit Hartwell Ave. Transfer Acct. 5700 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 Avenue to provide telephone service to the Varian Vacuum Company at 121 Hartwell Avenue. Chairman Kenney read a report from the Director of Public Works stating that the location had been reviewed and recommended that the Telephone Company be granted permission to install the conduit, sub- ject 'to ubject''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- priation Committee for a transfer from the Reserve Fund to Account 5700 -Sewer Maintenance in the amount of $4,740 to pay for additional expenses incurred for the operation of the North Lexington Pumps- Station, and to repair the major breakdowns --at Constitution and Worthen Road pumping station. 541`. 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 thie 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 caning 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 1. 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 the occupied land without incurring additional damages. With regard to replacement of some trees and shrubs, we must concur that some 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, itwill be reseeded in the spring. Also, the Public Works Department will replace some trees in the near firPu re . Martin Small Trees and Grass Chairman Kenney read a letter from Mrs. Kendrick Bushnell, 30 Bloomfield 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 design' is 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 Bamboo Gardens Sheraton Lexington Inn - Exten- sion of hours School St. Sidewalk Chairman Kenney informed the Board that application has been received for a Common Victualler's License from Bamboo Garden, Inc., formerly the Bamboo Hut, Inc. 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 1:00 a.m. in order to overcome the competitive advantage that now. favors other Route 128 motor inns who are permitted to serve until 1:00 a.m. 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 Corr on the general problem of Crossing Guards; we were to talk .. with the State to see if the area would meet the Warrant for a School Zone with blinking lights. The Engineering Department did look et 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 pleasMn 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 Avew 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. 5.43 They are blinking lights on a time clock for a period that wouldn't exceed one hour; they could go on th..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 crossingthe 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 Cert. of Incorpora- tion Mr. Bailey seconded the motion. Mrs. Riffin: 1 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 1 agree with Mrs. Riffin 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- poration: 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. Traffic Bedford L Eldred Sts. 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. Chairman Kenney read a letter from Mr. Mistretta, State Highway Engineer, stating that an analysis of the study reveals that the 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 1 545 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 time alotted 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 Stateand initiate the request for a traffic signal once again. Chairman 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. 546 Hartwell Landf i l l United Fund Flag TOPICS Parking Executive Session 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 3:00 p.m. to start this thing off. 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 Flag be flown during the drive and I suggested that it could be flown 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% participation but we would have to remove all existing spaces on the street. Will we have to eliminate this idea? Chairman Kenney: I would say so. Mr. McSweeney: 1 got an answer that TOPICS would cover a com- plete parking survey-. Chairman Kenney: What about an experiment for all -day parking meters behind Woolworths? Mr. McSweeney is to check this. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing deliberating or voting 1 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 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: )h, Executive Clerk, Selectmen 548 Minuteman Technical School Treasurer Cary Hall April 19 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. Riffin; 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 Chairman to sign the certification that the Town had received notifica- tion on September 19, 1972 of the vote of the Minuteman Regional Vocational Technical School District Committee on September 15, 1972 that the sum of 512,900,000 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 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 re- ceived for the aforesaid project. Mr. O'Connell reported to the Board that the Treasurer.had.ad- vised him that the last $2.5 M. in notes which were due on November 6 were paid off on November 1. 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 more space for standing inside than the previous location at the 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 nderstanding that it might not.be ovalfable tothem in.1975.e►r 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. 1 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. 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, anal $I2 a ton'if,pirked upy; 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. 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 #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 Targe 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 $185 on today's market. A plan could be worked out with the D.AR. that they buy the tree and it would replace a tree that is there now. 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: 1. Hobbs Brook Basin 2. Lexington's entrance to Minuteman National Park 3. Minuteman Regional Vocational Technical High School 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 549 Salt Bids Transfer Request D.A.R. Tree on Buckman Route 2 Environ- mental Impact Statement 550 Landry Assessment Cert. of 1ncorp. Sidewalk Concord Ave. Five Fields Great Meadows Chairman Kenney read a request from Arthur N. Landry, Jr. for a reviewof 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 sitefor 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 betterments were assessed against the lot at the time of construction. 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. Upon motion duly made and seconded, it was voted to approve 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. Mrs. Riffin: Thereare no sidewalks west of Concord Avenue on Waltham Street. I know sidewalks are quite high but I feel it is an 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. Chairman Kenney read the recommendations of the Planning Board regarding the Great Meadows, stating that the objective both of the 651 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. They specifically 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: 1. 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, indluding 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. "bo 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 recomind 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 Minutes 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. Busa: 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 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 11, 1972 in the amount of $7,400. Contract is approved as to form by Painting Special Counsel Legro. Executive Session Upon motion duly made and seconded, it was voted to go i-nto 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 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: 7)2 Executive Clerk, Selectmen- 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 Massachusetts, Amherst, of the fact that Mr. Donald Irwin, Lexington's Building Inspector, had demonstrated interest and capability in his profession. 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. Mr. O'Connell stated that this school was constructed in approxi- mately 18 months with evidence of monies being left in the budgeted amoMnt. 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 l do hope that this fine experience is not needed again, that is, for another school. Mr. Whitman: I 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 01950, Elections -Town Clerk, in the amount of $2,500; Account 03300, Health Department, in the amount of $2,500. Mr. O'Connell: In June an estimated request in the amount of $3,600 for account 01950 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. Building Inspector Certificate of Award Permanent Building Committee Transfer of Funds 01950 Elections 554 Transfer of Funds #3300 Health Dept. Engineering Design Survey Fern, Grass- land, Holland Streets 1162 Mass. Ave. Fire Damage Shawsheen Ri ver Cert of 1ncorp. It was moved by Selectman Bailey, seconded by Selectman Buse 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 Department, is to cover expenses for TB patients at Middlesex County Sanatorium in accordance With the General Laws. There is $1000 allowed in the Health Department 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 Buse, seconded by Selectman BrowWand 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 proposal of J.W. Moore for engineering design survey, not to exceed the amount of $6,000 which will be taken from Article 25 of the 1972 Annual Town Meeting. It was moved by Selectman Bailey, seconded by Selectman Buse and unanimously voted to accept the proposal of J.W. Moore to prepare the 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- chusetts Avenue suffered severe damage by fire recently. The Betiding Inspector has inspected the building and declaredit 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 S:O. Harris,'" Secretary of the'Greater Lowell Fly Fishers relative to the plight of the Shawsheen River, specifically, the adverse effect that the Lexington Town dump, in the Tophet swamp area, has on the Shawsheen Ri ver. 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 II Depot -Square, Lexington. Police Chief Corr indicated that his investigation shows a0 s: reason why the Board should not approve this application. It was moved by Selectman Brown, seconded by Selectman Buse and unanimously voted to certify the characters of the following who have applied for Certificate of Incorporation under the name of "LaTleille Sister City Store, Inc.": 1 555 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. Bjorklund 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 s.4 that the receipt of mail at a residential location would not vio- late the Zoning By -Law, as long as the business activity of the 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 Riffin and unanimously voted to approve the request of Minuteman Feline Fanciers,- Inc. to use the address of 7 Carnegie Place, Lexington, as a mailing address only. Selectman Brown: I would like to take this opportunity to com- pliment Mr. Cohen on his clear definitions of the General Laws wherever it is applicable in his opinions and rulings. The Board reviewed the list of residents to receive sewer better- ments assessment on Banks Avenue. It was moved by Selectman Bailey, seconded by Selectman Buse and unanimously voted to approve sewer betterment assessments as follows: Lot No. Area Assessment Catherine J. Coughlin L.C. 1 None P.A. 20 Carville Avenue Carville Ave. James A. L Roberta J. Cochran 10. Banks Avenue Joseph G. L Bernice E. Potzka 14. Banks Avenue Ernest E. i Doris L. Avallone 26 Carville Avenue Robert C. 4 Glenna J. King 9 Banks Avenue William F. L Carol A. Ahern 15 Banks Avenue L.C. 2 5400 $387.29 sq. ft. 448-449 10800 774.57 450-451 sq. ft. 474-475 None P.A. 476 Carville Ave. 471-472 8100 580.93 473 sq. ft. Pt. 468 5805 416.33 469-470 sq. ft. Mail Drop 7 Carnegie Place Sewer Betterment Assessment Banks Ave. 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, )0216 (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 Buse, 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: 1. 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!Iot #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. 1 It was moved by Selectman Bailey, seconded by Selectman Brown and unanimouslyvoted 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 Busa, seconded by Selectman Brown and unanimously voted to approve the minutes of the open meeting of October 24, 1972. It was moved by Selectman Bailey, seconded by Selectman Busa and unanimously voted to authorize the Chairman to sign the Liquor Identi- fication Card for Beth Ellen Mitchell, I Bedford Street, Lexington., Chairman Kenney read letters received from Donald Q. Bunker, IL: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 theDirector of Public Works with a request for a report on the traffic situation. 557 Minutes Liquor I.D. 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 1, 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 Ist. 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- setts passed Bill Number H-6157, Chapter 763, permitting local legislative bodies to restore to retired municipal em- 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. Request/ Death Bene- fit Policy 558 Regulations of Entertain- ment Liquor Licensed Establish- ments Sewer Constr. Concord Ave. York St. 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 Riffin 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 relative to regulations covering entertainment in establishments licensed to serve liquor, the following was submitted by Town Counsel: "G.L. c. 140, s. 183A...No innholder, common victualler or person owning, managing or controlling a cafe, restaurant, or other 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 ddescr.iption 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- AO 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 Buss, seconded by Selectman Brown and unanimously voted to sign the Orders for Construction of Sewer as follows: Concord Avenue, York Street, from Waltham Street a distance of 400 feet, more or Tess, easterly. from Woodland Toad a distance of 120 feet westerly and from Woodland Road a distance of 300 feet easterly. 1 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 interests of the Town or the reputation of a person. 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. Acting Executive Clerk, Selectmen J Executive Session 560 Jurors Fire Captains SELECTMEN'S MEETING November 20, 1972 A regular meeting ofthe 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. Riffin; 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 Vincent R. Ignico William A. Johnson Raymond W. Little Robert D. MacLean John L. Taccalozzi 9 Wheeler Road 17 Emerson Gardens 13 Smith Avenue 81 Vine Street 32 Young Street 12 Barrett Road Mr. O'Connell informed the Board that comprehensive oral examina- tions have been conducted for the promotions from Lieutenant to Captain in the Fire Department. As a result, two men have been selected. 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. Buse: 1 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. 1 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, 1 woul-d expect them to ask for it. Mr. Buse: The reason they are requesting it is because theveleva- tion of this floor is below the water table. 561 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: 1 don't believe so. Mrs. Riffin: At what depth are the other basements? Mr. McSweeney: 5 or 6 feet; they intend to go down 12 feet. Mrs. Riffin: 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. ' 5 62 Conservation Commission Transfer Conservation Account 02460 Gold Ribbon Farms Transfer Berman's Liquor Dr. Kassler, Chairman of the Conservation Commission, and Mrs. Frick met with the Board. Dr. Kassler informed the Board that Mrs. Frick had.received a check for $18,500 from the State Department of Natural Resources for 50 percent reimbursement for the purchase of conservation land 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 of this amount. The money previously spent for maps has been charged to Conservation and they are requesting $400 for secretarial services and $200 for 4 half-day periods for the services of Mr. Zaleski to 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 02460 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 02460 in the amount of $600. Mr. O'Connell reported to the Board that he had received a letter from the Board of Appeals concerning the problem of trucking complaints 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. Chairman Kenney informed the Board that approval has been received from the Alcoholic Beverages Commission for the transfer of stock to Joel G. Berman of Berman's Market, Inc. Chairman Kenney informed the Board that approval from the ABC has aleo been received for William E. Haas as General Manager of Sheraton Lexington Motor inn. Chairman Kenney read a request from the Lexington Lodge of Elks 02204 for an extension of hours on New Year's Eve to 2:00 a.m. Ap- proval had been granted last year. Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Lodge of Elks 02204 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 character of Timothy P. Hart, 30 Spring Street, who has applied for a Certificate of Incorporation "The Cumulus Flying Club, Inc." Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's 'Meeting held on October 24, 1972. Dr. Clarke, Vice Chairman of the Planning Board, and Charles Downe, Interim Planner, met with the Selectmen. Chairman Kenney read a report submitted by the Planning Board regarding parking in the Central Business District: "Mr. Charles Downe reported to the Planning Board at our meeting 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.) C3 t)6 ;. Sheraton Lexington Manager Elks NeW Year's Eve Cert. of 1ncorp. Minutes Parking Central Business District ;4 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. 1 think it is out of the question. 1 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 1. 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 imp.Iementation if the State approves. It, is my understanding that the State approved and needs data for priorities. Whether TAhMS changed them, I don't know. ti 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 Kenney: 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 ifthere 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. Itis 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: To have a complete 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 madeandseconded, 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 Victualler Danish House Chairman Kenney informed the Board that application has been received from Saratoga Sandwich Roll Corp. d/b/a„ Danish House, 1847 Massachusetts Avenue, for a Common Victualler License. They have received a permit from the Board of Appeals and we are waiting for the final inspec- tion by 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. 568 (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 $15.00. 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: G.V.W. 4,000 - 10,000) 10,001- 16,000) 16,001- 23,000) 23,001- 34,000) 34,001- 46,000) 46,000- 60,000 Trailers Loaders - Tire Mounted 1 3/4 yds. to 2 yds. Plowing Hauling Existing & Proposed Rate Existing & Proposed Rate $16.00 18.00 19.00 $ 9.00 12.00 14.00 16.00 18.00 21.00 $10.50 12.00 13.00 $10.50 10.50 10.50 12.00 15.00 20.00 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 - 1 1/2 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: Executive Clerk, Selectmen 1 5Lif-7 r 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, Riffin; 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 $B4O00 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 $I,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 Remova'l,_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 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 $I,691.69. Transfer 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 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'lntertown 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 lntertown Liaison Committee, effective immediately, for a one year term expiring September 1, 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 I1 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 Commis- TMMA 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. 1 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 TOPICS Program could participate in the construction of off-street spaces to replace on -street spaces eliminated by a TOPICS Program. Lexington would be expected to provide the necessary right-of-way for the off-street parking construction. A Lexington Center project has been recommended in the Lexington Areawide TOPICS plan as part of 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 #2, unless a change in priorities is requested. Mr. McSweeney: 1 talked with the Design Engineer of TOPICS and Project NI 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. 1 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 plans last year and these are the same plans we talked about. They had been considering a circumferential presented by SILC. We said 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- grammetrics. 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: 1 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. 57E- r� Hartwell Ave. Connector & TOPICS Pro- gram for Center Parking Hartwe l l Ave. Connector Road 14' 12 Minutes Special Police Appoint- ments Selectmen's Insurance McAulay Proposal for .;Golf Range at Hartwell Landf i 1 1 Municipal Parking Lot 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 tha entrance from ,and exit to the southbound lane of Route 128. Mr. McSweeney: Yes. We can wait another two weeks and call them. Mrs. Riffin: 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. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held onr.November 13, 1972. Chairman Kenney read a recommendation from Police Chief Corr for the appointment of two Special -Police Officers. Upon motion duly made and seconded, it was voted to appoint Police Cadets Richard W. Ham, Jr. and Richard 1k44 Corazz.ini as Special Police Officers for a term expiring March 31, 1973. Chairman Kenney informed the Board that the proposal for Public Officials' Liability Insurance is ready for signature, to be sub- 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 practice range at the Hartwell Avenue sanitary landfill. Mr. Cohen pointed out that there are certain legal problems, as well as zoning problems. It would appear that it is doubtful whether, under the proposed plan -of operation, the Town would retain 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. McAulay 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 Market and Michelson's Shoe Store, which expressed concern over the 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. 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? Mr. Whalon: There is no answer to this problem but I can see no harm in hearing what they have to say; they may have an idea that hasn't occurred to anyone else or a method of implementation. I am somewhat reluctant to the idea of forming a district without knowing 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 57W leg i ona l Refuse Disposal Planning Committee 574 year by the Governor and never got anywhere. .This reflects more than anythingelsethe 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. Riffin: 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 isno 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 clump 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 willhave 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'tit 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 becomessomething beyond .SILC and it becomes another regional study group. Mr. Cohen: Are we a legal district now? 1 1 r Psi 1) 1 t) 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. McSweeney 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 wasteproblem 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 theplans 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 tine. 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 buildinig 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 drainagesystems 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. 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. 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 expressed the opinion that the salaries are high but recognized the School Committee's legal authority to set school salaries. The Board agreed that the administra- 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. 7-1-71 7-1-72 Rudolph J. Fobert $35,000 $38,800 Mitchell J. Spiris 27,160 28,360 Ado Commito 25,730 27,128 Jack Monderer James Maclnnes Richard Barnes e) 4 9 Executive Session School Adminis- trative Salaries Eff. Eff. 7-1-71 7-1-72 25,760 27,085 21,897 23,148 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: Jki Executive Clerk, Selectmen 580 Planning Director Transfer School Admin. Salaries 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. Mr. O'Connell introduced Kenneth G. Briggs, the new Planning Director for the Town. Chairman Kenney and the Board welcomed Mr. Briggs and wished him success in his new position. 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 5250. Mr. O'Connell informed the Board that the new warrant is ready, 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 5300.60. 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- paper Landfill Chairman Kenney read a letter from David Westfall, 106 Kendall Road, recommending that additional newspaper bins be made available 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 Ilia 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- mittee stating the need for the repetition of an Article in the 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- mittee stating that based upon discussion with the member of the 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 - Committee are: a. a boulder monument opposite the present marker on the Green dedicated to peace as so eloquently prop posed .. by Town Treasurer, Lou Zehner; b. landscaping of the Katherine Harrington property and Belfrey Hill together with complete restoration of the Belfrey 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. Bicenten. Article Bicenten. Memorial 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 1 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 582 MAPC Represen- tative LCSR- TMMA Appt. Sheraton Motor Inn Minutes Sewer Tak. Woodland Rd from York Street nobody wanted it in their back yard. We are indeed the largestAof 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. Chairman Kenney read a letter from Eric Clarke, Vice Chairman of the Planning Board, recommending that Mrs. Lois W. Brown be re- 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. Chairman Kenney informed the Board that a vacancy has, occurred on the Lexington Commission on Suburban Responsibility due to the 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. Chairman Kenney asked the Board to discuss the request of the 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. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on October 30', 1972.. Upon motion duly made and seconded, it was voted to sign the . Order of Sewer Taking on Woodland Road from York Street, a distance of 240 ft. more or less. 83 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, I would support them in that. Secondly, beyond that, 1 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. 584 Executive Session 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. 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. 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 media 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, Busa 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 es 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 letter from Mr. O'Connell saying that in of the lateness, it would not be possible for him to meet on December 4 and he would discuss it at a mutually agreeable time. 1 met with the Board of Selectmen on Saturday'and they kindly and graciously assented to th1s'meet1ng. had a Tetter 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 l 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. 1 wrote a letter to Mr. Kenney on November 28 thanking him for the cordial and tactful manner in which he conducted the meeting on Nevember 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 1 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. 58E 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 it was preparing an article. And the Town Maneger 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: j 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 15 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: 1 want to establish if the Selectmen supported 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: 1 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. 88 Chairman Kenney: You seem to object to how the article in the Globe was written. We didn't have anything to do with that. Mr. Maguire to Mr. O'Connell: Do you iv,ve facual 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: 1 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 58 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. 1 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, 1 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 1 have recommended that the Board of Selectmen also reject the payroll warrant on that basis. 2. 1 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. 1 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. 590 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 bathers 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. 1 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 been 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 Tess 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 en 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 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, ✓ 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 cone+Iuding 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: Executive Clerk, Selectmen 591=` 59 SELECTMEN'S MEETING December 11, 1972. A regular meetingof 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, Brawn, 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 therelocation 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 votedto 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 Selectman Busa: This is my Committee and I know how diligently all concerned have been working. I would like 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 Rever nue Sharing. The Board expressed pleasure with the receipt of this money and noted that it is the intent of the Board and the Town Manager that this be directed towards expenditures 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 theBoardfor review a Re- quest for Transfer from the Reserve Fund by the School Department, Vocational Education Tuition/Traval Account #7960, for the amount of $2,500. There is a current bal- ance in that account of $4,321.55. Mr. O'Connell explained that the School Department, under.State Law, must provide transportation to students that supply proof of the need for same in order to take advantage of courses that are pro- vided at County and State schools. All of this is under the 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 f.or 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 Works Department, Road -Machinery Account #5450, for the amount of $1,200. There is a current balance in that account of $927. Mr. O'Connell explained that this is part of the $6,000 forecast. The basic reason that we are short on this account this year is that in early 1972 there was major repair needed on highway equipment which caused an excessive expenditure from this account. General Revenue Sharing Check Transfer of Fund School Depart- ment Account #7960 Transfer of Fund Public Works Account #5450 594 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. Conserve- 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 at the Green. This sing will be.open_to anyone in the com- munity and will start at 7:00 p.m. and. end .at about 7:30 p.m. Motion by Selectman Bailey, seconded by Selectman Brown and unanimously voted to grantpermission 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. ChairmanKenneyadvised the Board that Mr. Arthur Gerstenfeld, 10 Field Road, had requested that the Board take action to permanently restrain a dog owned by Mr. 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 reportof 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 Mintz, 8 Juniper Place,. dated.. December 2, 1972, relative to the unsanitary condition that she observed at the dog 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 Permission for use of (Green Zobel Dog.Com- plaint Complaint of Condition at Dog Shelter 1 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 receivednotice 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 were necessary for the Town Treasurer, Town Collector of Taxes and the Town Clerk. It was moved by Selectman Bailey, seconded by Selectman 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 Baramian 6 Allen Street "Oriental Rug Dealers Association of Massachusetts, Inc." David McGovern 2209 John F. Nolan "Design Research Unit, Massachusetts Avenue 4 Grimes Road Inc." Police Chief Corr reported thathis 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 2209 Massachusetts Avenue 4 Grimes Road David McGovern John F. Nolan "Design Research Unit, Inc." To be located in Boston 59n' Indemnity Bonds, Town Officials Cert. of Incorp. 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 596 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. 1 1 1 Motion by Selectman Bailey, seconded by Selectman Busa and unanimous- ly voted to grant permission to .the Sheradan Lexington Motor Inn for an extension of hours until .1:00 A.M.„ Sunday, December 31, 1972. . Upon motion by Selectman Busa, seconded by Selectman Brown, it was voted to go into Executive Session for the purpose of discussing, delib- erating 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 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, Chairman of the Historical. Society, Mr. Louis DeNapoli and Mr. Robert Cataldo met with the Board to discuss the condition of Buckman Tavern. JMr. 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,the 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 members is exploring the possibility of receiving Federal or State aid 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 Vs 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. 1 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, l 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 as:his specific field. The next step is under your direction. Mr. Butters: I need not say that the Bicentennial Celebration is approaching. 1 feel that it would be desirous to have as much work as Sheridan Motor Inn N.Y.'S Eve Executive Session Buckman Tavern 59S Precinct Registra- tions Request of State Division of For- ests & Parks Sewer Betterment Deferment Five Fields Inc. 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 Town Election and that all registrations be held at the Town Clerk's office in the Town Office Building. 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. Chairman Kenney advised the Board of the notice from Arthur W. Brownell, Commissioner of the Division of Forests and Parks, that it is required by General Law that Lexington appropriate $7,569 for Insect Pest Control and $17,570 for Dutch Elm Disease Control. The Board agreed to meet the requirement, and Mr. Brownell will be so advised. Chairman Kenney read a report submitted by Mr. McSweeney, Director of Public Works/Engineering, as follows Pursuant to letter received by the Board of Selectmen dated November 20, 1972 from Mr. Arnold L. Abrams, President, Five Fields, inc. requesting clarification of two points regarding their sewer abatement in the Five Fields Area, 1 submit the following:. 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 mount of $300.60 ,for the frontage the corporation owns on Concord Avenue. This department has to take the view of what the future potentia :of this parcel is and how it could be utilized. All street frontages where sewer is made available 1 1 are assessed. As stated in our memorandum of October 19, 1972, this is 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 :is 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 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 agreed to convey to the Town a portion of their land for conservation purposes. He advised the Board that Representative Cole has filed the 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 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 the Lincoln Street site is permissible but would require a special per- mit under the Zoning By -Law, and parking facilities of some permanent nature could raise a number of legal issues with respect to zoning, use of park land, appropriations, etc. 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. • ,J ,t Minutes Metropolitan State Hosp. Land to Town Request by Bicentennial Committee Lincoln St. Site 1t 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 Restau- 'kant Clubs Spring 'Street Hearing 12-13-72 Street Light Style ;Request Denied Package Goods Stores: Busa Bros Liquor, Inc. Berman's Market, Inc. Vinebrook Corp. Lexington Liquor Mart, Inc. Joseph Trani, Inc. Restaurant Lexington Enterprises, Inc. Clubs K of C Council No. 94 Lexington Order of Elks 131 Massachusetts Ave. 55 Massachusetts Ave. 1700 Massachusetts Ave. 58 Bedford St.• 1775 Massachusetts Ave. 27 Waltham St. 177 Bedford St. 959 Waltham St. Chairman Kenney: The Board has scheduled, through the Department of Public Works, a meeting on Wednesday evening, December 13, 1972 at 7:30 P.M. at Cary Hall, for the presenta- 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 received from the Planning Board relative to their opinion about street light design for Fairfield and Brookwood Drives. The Planning Board concurs with the Design Advisory Committee's opinion that Boston Edison's "contemporary street light is not 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. Ct bac^ rc'c' Acting Executive Clerk, Selectmen 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. Upon motion duly made and seconded, it was voted to sign 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 Director Williams, replying to Mr. Perry and covering the ruling on the matter of the School Superintendent's salary, as follows: "This letter is in response to your correspondence of i 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. DPW Union School Supt.'s Salary 2 High School Fire Insurance Transfer Board of Appeals 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 $46,744 for the High School fire loss on March 2, 1971. There was a $1,200 deductible and $47,944 represents the actual full cost of building repair and replacement of materials destroyed. 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: $50 to Account No. 1550 - Board of Appeals were more than anticipated. Upon motion duly made and seconded, it was priation Committee for a transfer from E & D to amount of $50. as advertising expenses voted to request the Appro- Account No. 1550 in the' 1 1 1 Selectmen's Meeting December 18, 1972 $1,500 to Account No. 1090 - Professional Services to cover the cost of planning service of Charles Downe per contract arrangement during the period we were without a Planning Director. A new Planning Director has been hired as of December 15; Mr. Downe's services would terminate on December 31; 1972. This interim arrangement of using the services of a consultant on a schedule of 1 1/2 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. $I,000 to Account No. 1125 - Police and Fire Medical. Alt of the expenses to date have been for medical services due to injuries. There have been two serious and many minor injuries this year. We estimate another $200 for bills in process, plus December needs. The balance available for physical examinations would be $538 and there is an out= 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- ing Station and to repair the major breakdowns at Constitution and Worthen Road Pumping Station. It was agreed with the Appropriation Com- mittee to submit the bi1ls.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. Transfer Professional Services Transfer Police and Fire Medical Transfer Sewer Maintenance 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 lnfor- 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: Selectmen's Meeting December 18, 1972 1) 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 inzalign- 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 $200,000 on a 24 ft. pavement and end up with the same thing. Selectmen's Meeting December 18, 1972 Mr. Greeley: Not in our estimation. I am very much persuaded by the psychology of the driving habits of people coming off the ex- pressway and you would have the situation of it being wide enough for a drag strip. A narrower width would at least be conducive to safety. Mr. Buse: I just can't grasp your theory. If this is so', I would rather give them a wider road than funnel them into a narrow road. Braking creates hazards. Mr. Greeley: 1 realize your argument but the width of'the pave- ment is one of the minor factors.' There are things like sub -grading, handling of drainage, etc., that total up to what we mean by doing it right. Mr. Brown: How long would it last to build it right? Mr. McSweeney: I would say you would expect to'get' 10 years out of the pavement; you could get"three layers in there and you could get 30 or 40 -years out of it. Mr. Brown: If you resurface it, we would have to go back again to build it right. Mr. McSweeney: I agree with Mr. Greeley to build it right. Mr. Greeley: 'To resurface it now „it would have to have signifi- cant attention in 5 years. Maybe the standard$ 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: 1. Resurface the roadway and make the necesssry alterations for drainage. . 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 on the tax rate. T#is 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. f1) Chapter 90 Standards Executive Session Selectmen's Meeting December 18, 1972 Chairman Kenney to Mr. Greeley: Is your committee unanimous in 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 thestreet uhtil 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 tater, 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. Chairman 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 that he re-examine the criteria for Chapter 90. 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 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 matters of financial interest to the Town; it was voted to go out of Executive Session and resume the open meeting. 1 1 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 engineering 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 madei;n: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, 1 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: A would say no. Chairman Kenney: We discussed this last week and the answer is Mr. O'Connell: If we get competent people .... Mr. Furash: The purpose is to have the building restored. 1 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 th'e 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 no. Article Town Meeting Date Change 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 to.bring 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. Chairman Kenney: I think it would be premature as I feel you need somebody to look into it. 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. 1 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 voting place in the Town. Mr. O'Connell agreed to prepare the purchase order to encumber Account 1900, Selectmen's Elections Account, to M. Stieffel Asso- 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 Nichipor an ad hoc member of the Committee representing the youth of the Town. 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 11 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 premises continually discharge water over the surface and through the water table into the foundation area. The house is properly 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, 11 Constitution Road, to connect the proposed drain into the existing catch basin, subject to the follow- ing conditions: (1) Mr. Myers is to contract with one of the contractors from our approved drain layers list. Re- Precincting Notification to Voters Appointments Bicentennial Corms i ttee Myers Drain Connection 10 Trodella Water Connection Ricci Sewer Assessment Common Victualler Licenses 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. A report from the Director of Public Works/Engineering was read, stating that since the previous water main appropriations 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 betterment assessment of.$932.16 for lot 15, Assessors Map 5, Waltham Street. In regard to the sewer line and where we are located, it is impossible for us to hook onto that Zine. 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 Arno Associates Geoffory's Pharmacy Howard Johnson's Lexington Enterprises (Peking Gardens) Old Lexington Restaurant (Mario's) Minute Man Restaurant Pine Meadows Golf Club 321 Woburn Street 411 Waltham Street Route 128 27 Waltham Street 1753 Massachusetts Ave. 1715 Massachusetts Ave. Cedar Street Selectmen's Meeting December 18, 1972 Take Hare Foods of Lexington Woodhaven Country Store Brigham's Buttricks Friendly's Inhholder Liquor License RHD Realty & Development Corporation (Battle Green Inn) Hours: Weekdays from 11:00 A.M. to 11:00 P.M.; Sundays from 1:00 P.M. to 11:00 P.M. as long as dining room is open but not later than 11:00 P.M. The Dunfey Corporation d/b/a Sheraton Lexington Motor Inn Hours: 11:00 A.M. to 12:00 M. 7 days a week as long as dining roan is open but not later than 12:00 M. 211 Massachusetts Ave. 424 Marrett Road 1775 Massachusetts Ave. 34 Bedford Street 66 Bedford. Street 1720 Massachusetts Ave. 727 Marrett Road 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 for 1:00 A.M. closing. Mr. Busa: Bring them back down to 12:00 M. and, if there are no complaints, we can review it. 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 rer. Article quest of Tess 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. 11 Liquor - Licenses Common Victualler Bamboo Gardens Chairman Kenney read a memo from Selectman Brown stating that he had attended a meeting on December 15 in DPW Commissioner Bruce Campbell's office to discuss the, Draft Environmental Impact Statement for Route 2. The meeting was attended by representatives from the Boards of Selectmen of Acton, Concord, Lexington, and Bedford, along Route 2 Environ- mental Impact 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: Executive Clerk Selec 1 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, EXecutive Clerk, were present. At the request of the Town Clerk, six jurors were drawn as follows: Jacob G. Hiscock Raymond C. Block Kenneth A. Hall Edward J. Stande, Jr. Ann Scolaro 533 Marrett Road 1 Whitman Circle 29 Nickerson Road 6 Colony Road 5 Bruce Road 13 Jurors Mr. O'Connell recommended that two transfer requestsibe 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 job, and they should. They have suggested that Mr. Butters and Mr. 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. Buckman Tavern 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 Mini Buses License 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 hire over the following ways and streets in the Town of Lexington with the stipulation that the only stop to be made would be at the 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 tothe 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. Nickerson Sick Leave Extension Minutes Edison Withdrawal Mass. Ave. Slocum Rd. Cert. of incorp. Chairman Kenney read a request from the' Director of Public Works for an extension of 30 days sick leave for Ronald Nickerson, Highway Division, who had major surgery on November 27, 1972. 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 the minutes of the Selectmen's Meetings of November 27 and December 11, 1972. Upon motion duly made and seconded, it was voted to grant the written request from the Boston Edison Company for "Leave to With- draw" the petition for the location of one pole on Massachusetts 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 applied for Certificate of Incorporation, "Lexington Friends Com munity Residence, Inc.," 3 Forest Street, Lexington: Robert E. Reynolds Anthony L. Mancini Lester E. Goodridge, Jr. 3 Forest Street 115 Reed Street 24 Freemont Street Selectmen's Meeting December 26, 1972 William E. Rice Frederick J. Conroy David A. Lavender 5 Raymond Street 5 John Poulter Road 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. Upon motion duly made and seconded, it was voted to sign the con- tract with Joseph W. Moore Co. Inc.; for survey and engineering 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 contract with Whitman & Howard, Inc., for landscape architectural services for the Town of Lexington -Old Reservoir Development and 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 a state or national election day as it would only involve closing 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 of the subject lot. This property was assessed a sewer betterment of 5214, which was paid in 1949. The service from this sewer would not be capable of accommodating anything below the sill elevation due to the nature of the terrain and the depth of the main in the 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 15 Moore Street Survey Contract Whitman & Howard Contract Polling Places Sewer Connection Request 206 Bedford Street 16 Licenses Traffic Clarke Junior High Selectmen's Meeting December 26, 1972 of main would be approximately $7,500 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. If we would use this approach, it Upon motion duly made and seconded, ;it was voted to issue the follow- ing licenses for 1973: Lodoa i na House Wild Acre Inn Inc. Common Victualler (Approved • 50 Percy Road by Board of Health) Alexander's Pizza Hayden Skating Rink Dunkin Donuts Bellino's Bakery, Inc. Folsom's Seafood 180 Bedford Street 24 Lincoln Street 373 Waltham Street 141 Massachusetts Avenue 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: Police Officer at Waltham Street and Brookside Avenue Intersection at appropriate hours. 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 17 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 epproachi,ngr.the school from the west side 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 the Warrant to join a Regional Waste Disposal District. After discussion, it was agreed not to join. Upon motion duly made and seconded, it was voted to inform the Subregion Intertown Liaison Committee of the decision of the Board not to submit an Article in the Warrant for the purpose of joining with SILC in a Regional Waste Disposal District. SILC Regional Waste Disposal District Executive Session 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 voting on matters which, if made public, would adversely affect the public security;,fibancial interests of the Town or the reputation of a .parson. 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: E ecutive. 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 following 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 secohded, 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 Hartwell venue landfill. Sanitary Upon motion duly made and seconded, it was votedto 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. Transfer Sewer Mtce. Transfer Snow Removal Snow Emergency Snow Fire Engine Bi l 1 School Administ. Salaries 1973 Licenses Special Selectmen's Meeting December 29,1972 $I500 to Account 5700 -Sewer Maintenance; to pay for additional expenses that were incurred in the operation of the North Lexington 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. Mr. O'Connell: I have a request for a transfer of $27,000 to the Snow Removal Account 5500. We have bills in hand for $28,250 for the 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 E&D of $14,000. Mr. O'Connell: The Board can vote an emergency and ask the Statefor 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. Mr. O'Connell reported to the Board that he and Fire Chief Spellman are currently negotiating with Mack truck headquarters regarding two 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. The Board discussed the request of the School Committee for salary information i n the Town's M Schedule for use in "computing the Superin- 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 presentiy'.witiin the School Depart- ment's personnel records or has already been supplied by the Comptroller. Upon motion duly made and ing licenses: CLASS1 AUTO Auto Engineering, Inc. Colonial Garage, Inc. Lawless Mawhinney Motors, Inc. Patriot Ford, Inc. -Rowe Chevrolet seconded, it was voted to sign the follow - COMMON VICTUALLER Denny's Restaurant #705 Danish House Bamboo Garden, Inc.-II:00 a.m. to 12:00 M. Hancock Market 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 Com- 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