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HomeMy WebLinkAbout197322 Precinct Notifica- tion Cards SELECTMEN'''S MEETING January 2, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Tuesday, January 2, 1973, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell discussed the notification to voters of the proper polling place due to reprecinctingfrom 6 to 9 precincts;as of January 1, 1973. Upon motion duly made and seconded, it was voted to instruct the Town Manager to make arrangements for M. Stieffel Associates, Chelmsford, to supply, print and address approximately 19,000 precinct notification Dards t©- be • sang lay ilex i rtg'horl voters, total price not to exceed $2,500 including postage, Request Chairman Kenney read a request from Mrs. Lucille Mahakian, Blind 12 Watertown Street, for a blind driveway sign to be installed due to Driveway heavy traffic on the street. Sign Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee fN,r a recommendation. Com. Vict. Upon motion duly made and seconded, it was voted to sign the Licenses following Common Victualler's licenses: George R. Reed & Son 1721 Mass. Avenue Brewster's 903 Waltham Street McManus Shoppe 399 Lowell Street Marikspa Inc. 20 Massachusetts Avenue Wardrobe's Pharmacy 807 Massachusetts Avenue Cert. of Upon motion duly made and seconded, it was voted to certify the Incorp. character of Gordon D. MacKay, 180 Grove Street, who has applied for Certificate of Incorporation "Urban Dynamics Advisory Committee, Inc." Upon motion duly made and seconded, it was voted to+authorZe4.the Chairman to sign the Liquor Identification Card for Charlene Louise Maxner, 462 Waltham Street. Liquor 1. D. Printing Chairman Kenney informed the Board that it is not necessary to Town advertise for bids for the printing of the 1973 Annual Town Meeting Warrant Warrant _and the Lexington Press, 9 Oakland Street, has submitted a quotation of $25 per page. Upon motion duly made and seconded, it was voted to award the contract to the Lexington Press to print the 1973 Annual Town Meeting Warrant at $25 per page. Selectmen's Insurance Chairman Kenney informed the Board that additional information was received on Public Official Liability Insurance. The policy has been extended to include the Town Manager, and if we have it for the Board, we can include Mr. O'Connell. We wouldn't need insurance for the Town Clerk as she is bonded. Selectmen's Meeting January 2, 1973 The Board discussed the application received from Secretary Davoren for certificate of incorporation "Lexington Friends Community Residence, Inc." 3 Forest Street, Lexington. The Board agreed to approve the location if it is used for mail purposes only. Chief Corr's approval has been received as to the good character of the persons named. Upon motion ,duly made and seconded, it was voted to certify the character of the following Lexington residents who have applied for Certificate of Incorporation "Lexington Friends Community Residence, Inc." The location at 3 Forest Street was approved for mail purposes only.:: Robert E. Reynolds Anthony L. Mancini Lester E. Goodridge, Jr. William E. Rice Frederick J. Conroy David A. Lavender 3 Forest Street 115 Reed Street 24 Freemont Street 5 Raymond Street 5 John Poulter Road 20 Avon Street 23 Cert. of Incorp- 3 Forest Street Mr. Thomas Costello, Lexington representative to SILC, and Mr. Donald Graham, member of the Planning Board, met with the Board to discuss a proposal for Public Transportation in SILC during and after the Bicentennial Celebration of 1975 and 1976 Chairman Kenney: We had a call from Howard Forbes, Chairman of SILC Sub -Committee on Ttansportation and he said that Weston had approved an Article for the Warrant for $1,500 to join with SILC on master transportation. Their general idea is if Weston went in for $1,500, Lexington and Concord should double that amount. They are asking for money now to engage Arthur D. Little as consultants to set up a master plan; Arthur 0. Little said it would cost approx- imately $200,000, of which the federal government would fund $100,000, State -$50,000, and local government to come up with the other $50,000. Chairman Kenney to Mr. Costello: As our representative to SILC, what is your recommendation? Mr. Costello: The Town should do it. They are looking for $50,000. While' the study is going on, they will look for funds to buy rights - of - way; they are looking for a tool to approach the State and federal government with. Mr. O'Connell: They are asking for seed money to go looking for federal and state funds, and it is a wild goose chase. After discussion, the Board agreed not to join with SILC and to inform them that it has been decided not to include an Article in our 1973 Warrant for funds to employ a consulting firm to begin work on the project for public transportation. SILC taster Transporta- tion ransporta- tion Mr. Louis Zehner, Chairman of the Town Report Committee, met with Bids for the Board to recommend that the contract for printing the 1972 Town Printing Report be awarded to Semline, Inc., 180 Wood Street, Braintree, in the amount of $4,776. Four bids were received and opened on December 21, 1972, as follows: Courier Color, Lowell- $7,919; Somerville Printing, Sourer - Ile $6,800; Acme Printing Co., Inc., Medford -$4,975; Semline, Inc., 24 Articles for 1973 Annual Town Meeting Executive Session Selectmen's Meeting January 2, 1973 Braintree -$4,824, which was reduced by $48 due to a reduction in the number of copies of Part 1. Upon motion duly made and seconded, it was voted to award the contract for the printing of the 1972 Town Report to Semolina, Inc. at the bid price of $4,776. for the base contract; with delivery of a mini- mum of 9,500 copies of Part 1 and 700 copies of Partll, with accept- ance of an overrun of 3%. The Board discussed the Articles to be inserted in the Wartant for the 1973 Annual Town Meeting. Upon motion duly made and seconded; it was voted to insert the following Articles in the Warrant for the 1973 Annual Town Meeting: A complete list of Articles is to be typed into the Record Book. 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, financial interests of the Town or the repu- tation 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 adjoirnat 9:20 p.m. A true record, Attest:' FliAk Executive Clerk, Selectmen 25 SELECTMEN"S MEETING January 8, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday peening, January 8, 1973 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. O'Connell informed the Board that he had received a re- Permit quest from Morton I. Cohen, Lexington, for permission to use a portion of the sidewalk at Massachusetts Avenue and Waltham Street In the vicinity of F.W. Woolworth for the purpose of having citi-- zens communicate their objections to the war in Vietnam to their elected representatives. Approval is asked fora table to be set up on Saturday, January 13, 1973 from11:00 a.m. to 3:00 p.m. After discussion, the Board agreed to grant the request. Upon motion -duly made and seconded, it was voted to grant the request of Morton I. Cohen to use a portion of the sidewalk at Mass- achusetts Avenue and Waltham Street, subject to the following conditions on January 13, 1973: 1. The bridge table should be located in the space between two of the planters and should not interfere with the pedestrian use of the sidewalk. 2. No signs, pesters or graphic displays are to be used. 3. There will be no use of sound amplification equipment. 4. The setup is to be limited to two persons with table and two chairs. Chairman Kenney read a letter from the School Committee regard- Traffic ing the traffic situation at the Clark Junior. High, stating that the Clarke possibility of an additional access road from Waltham Street to the Jr. High school is not an immediate solution to the problem. The following suggestions were made: 1. A sidewalk or temporary path on the other side of Brookside so that walkers do not have to cross Brookside at Waltham Street intersection. 2.. Extension of hours of the Franklin School traffic cross- ing guard at Kendall Road and Waltham Street to include Clarke walkers.' 3. A vehicular traffic survey on Waltham Street be conducted by the appropriate town agency. 4. The principal will send a notice to parents informing them to instruct their children to comply with instructions con- cerning crossing of Waltham Street. After discussion, the Board agreed to refer the matter. Awl I CATV Cert. of Appropr.- Fire Sta. Minutes Voting Machine Recta' Contract Liquor I.D. Card Abatement Ambulance Bills Selectmen's Meeting January 8, 1973 Upon motion duly made and seconded, it was voted to refer the suggestions to the Traffic Committee for recommendations. Mr. William Page met with the Board regarding a proposal for the formation of an Advisory Committee to the Baord of Selectmen on Cable Communications. - After discussion, it was agreed that Mr. Page would Submit his recommendations to the Board on the appointment of members of the committee. Chairman Kenney informed the Board that a.notice has been re- ceived from the Historic Districts Commission that the Board's ap- plication for approval of Certificate of Appropriateness for addi- tions and alterations to the Central Fire Station has been scheduled for hearing before the Commission on January 11, 1973. A representa- tive of the Board is to be present and submit a set of three scale drawings of the proposed addition and a plot plan showing location of the present Fire Station and proposed addition. Mr. O'Connell, Town Manager, and Mr. DiNapoli, representing the Permanent Building Committee, are to attend the hearing. Upon motion duly made and seconded, it was voted to approve the minutes of the special meeting of the Board of Selectmen held on December 29, 1972. Chairman Kenney requested the Board to sign the contract with Automatic Voting Machine Division of AVM Corporation for rental of 5 voting machines in the amount of $1,500, from August 1, 1972 to August 1, 1973. Chairman Kenney informed the Board that application has been received from John P. Carroll Co., Inc, 31 Allen Street, for a Class 111 Auto license. Upon motion duly made and seconded, it was voted to sign the Class 111 Auto license for John P. Carroll Co., Inc., 31 Allen Street, expiring December 31, 1973. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification Card for Joan E..Cafarelti, 51 Eldred Street.. Chairman Kenney read a request from the Tax Collector for abatement of 1970-1971 uncollectable ambulance bills. Upon motion duly made and seconded, it was voted to sign the abate- ment of the 1970-1971 uncollectable ambulance bills in the amount of Selectmen's Meeting January 8, 1973 The Board discussed the reconstruction of Buckman Tavern. Mr. O'Connell: Although under normal circumstances, the Perman- ent Building Committee prefers to handle all jobs of any size, they recognize a heavy workload and no member could be available to stay close to the job on a day-to-day basis. Therefore, the Committee is amenable to the idea that a special committee be appointed which would include one member of the Permanent Build- ing Committee so they would be represented. It is recommended to appoint Mr. DiNapoli, Warren Butters, Robert Cataldo, and Mr. Perry, Town Comptroller, or his designee. Upon motion duly made and seconded, it was voted to appoint Luigi DiNapoli, G. Warren Butters, Robert Cataldo, Richard M. Perry, or his designee, as members of the Buckman Tavern Reconstruction Committee. Chairman Kenney read a letter from the Great Meadow Committee suggesting that.Gary Larson, Judith J. Uhrig and Stanley A. Brown be considered for appointment to the Committee. Chairman Kenney: We met with the Arlington Great Meadow Committee and agreed.to expand both committees by appointing two additional members.What is the Board's feeling on the recommendations for membership? Upon motion duly made and seconded, it was voted to appoint Gary Larson and Stanley A. Brown as members of the Lexington Great Meadow Committee. 27, Buckman Tavern Repairs Lex. Great Meadow Committee The Board discussed the Conservation land articles to be in the Articles 1973 Warrant, It was agreed that the following members of the Board would work with the Conservation Commission: ARTICLE 55 56 57 58 59 60 62 SELECTMAN Mr. Bailey Mr. Busa Mr. Brown Mr. Brown Mr. Brown Mr. Busa Mr. Kenney and Mrs. Riffin Porter Land Pinard Land Lucky Penny Trust Land Ruth C. Johnson Land Greener 6 Whiter Trust Ralph 0. Cataldo Land Metropolitan State Hospital Land Chairman Kenney recommended that the Board open the Warrant to include an Article for the reduction in the tax rate. Upon motion duly made and seconded, it was voted to re -open the Warrant for the 1973 Annual Town Meeting. Re -open Warrant 28 App't of Act'g. Ch. Executive Session Selectmen's Meeting January 8, 1973 Upon motion duly made and seconded, it was voted to insert Article 95 in the Warrant for the 1973 Annual Town Meeting, to see if the Town will vote to appropriate a sum of money from available funds toward the reduction of the 1973 tax rate. Upon motion duly made and seconded, it was voted to close the Warrant for the 1973 Annual Town Meeting. Chairman Kenney requested the Board to appoint an Acting Chairman during his vacation period. Upon motion duly made and seconded, it was voted to appoint Fred C. Bailey as Acting Chairman of the:Board of Selectmen during the absence of Chairman Kenney from January 9 through January 20, 1973. 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, 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: ()AA' )27 Executive Clerk, Selectmen 29 SELECTMEN'S MEETING January 15, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday evening January 15, 1973 at 7:30 p.m. Acting Chairman Bailey, Mr. Buse, Mr. Brown, Mrs Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. Hearing was declared open at 7:30 p.m. on the petition of the Poles Boston Edison Company to install eleven poles with a guy wire and Wayden Ave. anchor on the tenth pole to provide service to W. R. Grace Co., Hay- den Avenue, Lexington. 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.Louis Jones, representing the Boston Edison Company, was present; also, Mr. Van Boughton, representing W. R. Grace Company. Mr. Jones: The Boston Edison Company requests at this time that the petition be tabled because Dr. Fletcher, Ledgemont Laboratory, and repre- sentatives of W. R. Grace have met to explore ways of getting into new 11 construction. Mr. Boughton: We had been hopeful that we could work out a plan that would provide underground electric service to our building; we had understood that it was the general desire of everybody there that it belaced underground, and we had been workingwith Edison to that end. P 9 It developed that the cost would be high and Edison is trying to spread it around and make it equitable. We met this morning on a mutual satis- factory plan and Edison agreed to reconsider.,We hope to join forces with the Telephone Company, who has an underground system in the area, and come up with a plan we can afford. There seems to be hope that it can be done and Edison is starting to work on it. Dr. Fletcher: We started a real dialog with Boston Edison today for the first time in eleven years. There are two hurdles to overcome: (1) that Boston Edison get the Telephone Company to cooperate and to use the same trench, (2) There is a new 1969 law for going underground, and Lexington has not gone for that sort of thing. We hope things can be worked out for installation before June Ist. Mr. Boughton: We have temporary service and we can make the power do. Now, it depends on using the Telephone Company trench and it would perhaps be done by July. Acting Chairman Bailey: We look forward to hearing from you when you want to have the petition taken off the table. We hope your deliber- ations are fruitful. Upon motion duly made and seconded, it was voted to table the petition of the Boston Edison Company to install eleven poles with a guy wire and anchor on the tenth pole to provide service to W. R. Grace Co Hayden Avenue. 30 Spencer Complaint - Lex. News Cert. of Incorp. Location Selectmen's Meeting January 15, 1973 Mr. O'Connell reported to the Board regarding the letter of complaint from Louis H. Spencer, 52 Waltham Street, on excessive noise at Lexington News.Company, 32 Waltham Street, from 12:00 M to 6:00 a. m. The Building Inspector and Police Department have checked into it and it adds up to the fact that Lexington News is doing what newspaper companies customarily do. It is an old business and they have operated for years in the rear of 18 Muzzey Street; they haven't changed their schedule but have changed location and it comes up against residential property. It appears the best hope would be for the Board to write to Lexington News and ask if there is anything they could voluntarily do to eliminate the early morn- ing noise. The Board agreed to write to the Lexington News Company and request cooperation by shutting off truck engines upon arrival end not to start them until ready for departure; to confine vehicle movements and parking to the public way; to request all personnel involved in the activity to act with consideration for the abutters relative to slamming of doors, loud conversations, etc. Acting Chairman Bailey requested the Board to approve a idcation' for a Certificate of Incorporation. Upon motion duly made and seconded, it was voted to approve the location at 11 Muzzey Street for "Massachusetts Congress of Parents and Teachers, Incorporated." No Parking Acting Chairman Bailey read a Tetter from Homeland Realty, Inc., Waltham 403Waltham Street, requesting that No Parking signs be placed on Waltham Street Street along the curbing in front of Geoffrey's Pharmacy. Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Licenses Upon motion duly made and seconded, it was voted to sign the following licenses:(Approved by the Building Inspector) INNKEEPER Lexington Chalet, Inc., 440 Bedford Street LODDi3ING HOUSE Russell House, 1505 Mass. Avenue Traffic Signal - Waltham & Concord Avenue Acting Chairman Bailey read a letter from Mr. Mistretta, State DPW, requesting a list of additional items be included in the traffic control signal project at Waltham Street and Concord Avenue . Mr. McSweeney: As you know, this is a 1972 Article and we met with Commissioner Campbell and asked if we could participate in TOPICS. I told him we were having an Article for Town Meeting and we received a letter from him saying just send us a copy of the contract, and we did. They came back and asked if we would consider making some improvements in line with the TOPICS program. We have about $5,000 and will get 100 percent participation. Acting Chairman Bailey: We will keep it an open item until we hear from our Mr. Chalpin, Engineer. 1 1 Selectmen't Meeting January 15, 1973 Acting Chairman Bailey read a letter of approval from Gordon A. McGill, Director of Accounts, for Emergency Snow Removal in the amount of $14,130.74. Acting Chairman Bailey read a letter regarding a National GuardDomestic Emergency seminar to be held on February 3 at the National Guard Armory, 459 Bedford Street, and it was agreed that Selectman Buse, Chief Corr, Chief Spellman, and Civil Defense Director Burrell would be asked to attend. The Board discussed the polling places for the nine precincts. Upon motion duly made and seconded, it was voted to approve the following polling places in the Town of Lexington: Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 5 Precinct 6 Precinct 7 Precinct 8 Precinct 9 - Harrington School - Bowman School - Clarke Junior High School Senior High School - Cary Memorial Building Diamond Junior High School - Estabrook School Fire Headquarters Building Maria Hastings School Upon motion duly made and seconded, it was voted to set polling hours on Election Day, March 5, 1973, from 7:00 a.m. p.m. 31 Emerg ncy Snow Appro''al Nation Guard Semina Nine Po111n Places the Pollin: to 8:00 Hours on Election Day Acting Chairman Bailey read a request from the Director of Public Works for approval of water abatements Upon motion duly made and seconded, it was voted to approve the following water abatements: Jenkins Realty Eugene Richter Itek William Melanson Louis Carota Samuel Ting Hugo Schuck Dorothy Foster Everett Dilman Bernard S. Phillips Ivan G. Easton Walter K. Ryall Brooks Jakeman Charles Larden Charles J. Sortino Stillman P. Williams Raczkowski 8 Nickerson Road 10 10 492 24 15 63 Carley Road Maguire Road Marrett Road Tarbell Avenue Moon Hill Road Locust Avenue 10-12 Plainfield St. 472 Waltham Street 12 Trotting Horse Dr. 16 Winthrop Road 54 Simonds Road 57 Blake Road 47 Woburn Street 478 Lowell Street 9 Sheridan Street 87 North Street Water Abatem $23.10 Wrong reading- Meterme'n Wrong reading -Owner Error in billing Wrong reading -Owner Error in billing Wrong reading-Meterman n rr in billing 45.84 128.88 37.11 7.00 70.00 45.88 37.94 7.00 277.33 30.80 14.06 29.76 16.45 48.93 30.48 26.44 nts u Error n n n Owner read gas met Wrong reading- Own Wrong reading -Meter rr n Owner Owner Error in billing Wrong reading-Meterman Error in billing 32 Selectmen's Meeting January 15, 1973 Bonds- Acting Chairman Bailey read a request from the Tax Collector to Deputy approve bonds for the Deputy Collectors. Collectors Upon motion duly made and seconded, it was voted to approve the bonds for Deputy Collectors Paul E. Kelley and John J. Furey in the amount of $2,500. each. Stop Signs Acting Chairman Bailey read a letter from Commissioner Campbell of the State Department of Public Works stating that the Bureau of Traffic Operations is to expedite the issuance of permits for the erection of Stop signs. Every request for a Stop sign sent in by March 1, 1973 will be thoroughly evaluated by the staff and where warranted, permits will be issued by July 1, 1973. After the de- termination has been made that Stop signs are warranted at specific locations, the Department will supply posts and Stop signs to the communities and request that the communities use their own forces to erect these signs at locations indicated on the permits. The traffic counts, accident data and overall traffic evaluation of each intersection collected in the Areawide TOPICS plan will in most cases constitute the basis for Stop signs in those communities participating in the TOPICS program. Please send a letter listing the intersections in need of Stop signs, and the name of the liaison person our task force should get in touch with to implement this program. Mr. Mc Sweeney: We have completed our legal and illegal signs. Mr. Bailey: What abput Hayes Avenue and Meriam Street? Mr. Mc Sweeney: I will check that location. BTPR Acting Chairman Bailey informed the, Board that copies have been Northwest received of the Boston Transportation Planning Review's Northwest Environ. Preliminary Environmental Impact Statement. Impact Upon motion duly made and seconded, it was voted to release a Statement copy to the Lexington Minute -Man newspaper. Executive Session A Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discuss.ng, 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-rnetters 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 9:55 p.m. A true record, Attest: Executive Clerk, Selectmen SELECTMEN'S MEETING January 22, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, January 22, 1973 at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell discussed polling places for the nine precincts and said that he had been asked to look into possible alternate locations for the Clarke Junior High School and the problem of storing and truck- ing voting machines. Prior to submitting his list of schools to the Board, he had talked to School Principals and they were not concerned with the use of the schools but only about outside parking and storage of the voting machines. Chairman Kenney: We wrote to the School Committee and asked if they would consider the possibility of closing for a state or national election as this would solve the parking problem. We have received a reply stating that it would be inappropriate to close all fifteen schools because seven are used as polling places. Also, requesting that consideration be given to the use of other Town buildings to re- duce the number of schools. The School Committee is concernedabout storage of voting machines within the schools and suggests that some arrangement be made to deliver the machines to all schools and remove them from all schools immediately prior to and after Election Day. Due to traffic and parking problems at Clarke, it was suggested that it not be used as a polling place. There should be police service to control traffic and parking so as to minimize inconvenience and insure gr safety of children., After discussion, the Board agreed to hold the decision on a polling place for Precinct 3 pending a report from Mr. O'Connell on the possible use of a private building or church' building. Chairman Kenney read a request from the Lexington Minute Men, Inc. for the use of the Battle Green during the summer for demonstrations and firing of flintlocks. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Minute Men, Inc. for the use of the Battle Green on the following Sundays from 1:00 p.m. to 5:00 p.m. for demonstrations and firing of flintlocks: June 10 and 24; July 8 and 22; August 12 and 26. This permission is granted with the understanding that in the event one of the scheduled performances is in conflict with any unforeseen church services in the area, it would be necessary to cancel the exercises. oiling laces ater ex. Min. en Summer [�emonstra- tions 34 M.V. Excise Tax Bills Library Parking Spaces Bicentennial Committee Selectmen's Meeting January 22, 1973 Chairman Kenney read a letter from the Tax Collector expressing concern that motor vehicle excise tax bills have been arriving very late from the Registry of Motor Vehicles. After discussion, the Board agreed to inform•Governor Sargent of the late receipt of the motor vehicle excise tax bills and to urge him to use whatever means at his disposal to assist the Registry of Motor Vehicles in putting out the bills in a more timely and efficient manner. Chairman Kenney read a letter from the Permanent Building Com- mittee regarding the parking plan for the Cary Memorial Library, and s6gge§fIrig that the Trustees of the Library be involved in planning for the allocation of use of the parking area. The entire area now blocked out as the library site must be available to the contractor during the construction period. Upon motion dilly made and seconded, it was voted to concur with the arrangements for setting up a parking lot for the Cary Memorial Library as outlined by the Permanent Building Committee. It is under- stood that the Contractor will be using the Library parking space during construction but not other muncipal parking spaces. Representative Lincoln P. Cole, Jr. and Kingston Howard, Chairman of the Lexington Bicentennial Committee, met with the Board. Mr. Howard: We would request the appropriation of $50,000.„ In March of 1972, we had a projected program of events and also a budget of $100,000. Based upon this documentation, the 1972 Town Meeting voted an appropriation of $10,000 towards the required $100,000. If our request for $50,000 is approved, that will.give us $60,000 towards the $100,000. There is strong feeling in our committee that $100,000 may be rather substantially understated but there is a possibility that federal subsid.esmay be available to us; we are pursuing all sources of funding at state and federal levels. Eighteen months from now, we might have the opportunity in 1974 to have an appropriation of the net balance necessary. We decided to request $50,000 in March of 1973 and we would have an adequate fix on what the subsidies would be. Our primary purpose tonight is to ask approval of our request for an Article and the appropriation of $50,000. Chairman Kenney: As you know, we have inserted an Article and the Board has supported $50,000. Mr. Howard: We have prepared a progress report for the Board and it will be available for the Appropriation Committee and Town Meeting Members. We have been provided with a list of military units, recommended for invitation on Patriots=Gay, by the coordinating com- mittee of Hanscom Field. This list has been reviewed by the Town Celebrations Committee and has been accepted in every respect. Concord has already acted on that list and every unit on that list has been extended an invitation by Concord's Board of Selectmen. Our question 35. Selectmen's Meeting January 22, 1973 is do you wish the invitation to go out on your letterhead or is it something the Bicentennial Committee is to handle? Mr. Brown: My understanding is that the Town Celebrations Com- mittee would have the actual function of arranging the parade. Mr. Howard: That is correct; we have entered into a memorandum of agreement with them. Chairman Kenney: Generally speaking, you people are running it but Town Celebrations will be in charge of that particular parade. Mr. Buse: We should have a clarification at a later meeting on whether the Board will send out invitations to groups that are asso- ciated with the Board. Chairman Kenney: Occasions may arise when invitations may go out under the Board of Selectmen. We will play it by ear. Mr. Buse: 1 was thinking of the President and the Vice President. Me. Howard: There is a Middlesex Bicentennial liaison Council and Mr. O'Connell has suggested that Police Chiefs, Fire Chiefs and heads of Public Works should be organized on a regional basis to plan within their areas and to cooperate where necessary. This will involve planning and working through 1975. We want to clear this with you, as we did last year and which led to the organization of this council and we should have another meeting in anticipation of 1975. Chairman Kenney: We obviously concur with any efforts you wish to make along those lines. Are you going to hire a Director full time? Mr. Howard: It depends on the kind of executive assistance we get from the state. The workload in 1975 is for the towns being inundated for all sorts of accommodations, camp sites, restaurants, etc. We have been getting encouraging conversation from the state as one of the areas they can be of assistance. They are talking of centralized computerized services. If the state comes forward, there may not be a need for a full time administrative head in 1974. We will talk with private in- dustries on whether they would provide the services of administrators We are hoping that this will not be entirely necessary but we dont know yet until we know what services we can get from others. There is a great deal of concern on our committee that the recon- struction of Route 2 seems to be constantly delayed. We think that Route2 and all the aspects that have to be coordinated are going to be extremely vital in 1975. At our last meeting, the committee received a presentation by Roland Robbins, who is responsible for the Hancock Clarke House excava- tion, and he indicated what might lie beneath the soil of the Battle Green. He hasoffered to do some probing of the soil with a rod in such a way that he can very effectively predict what is under that soil. He is certain he can find the foundation of the Old Meeting House. We feel there shouldprobably be no probings made until permission is given. Would it be permissible for Robbins to probe? Mr. Cole: When he has done previous probings, he can predetermine what is under there and in one day have it returned to its original state. Chairman Kenney: Would the probe with a rod? 36 MBTA- Bill 4603 Selectmen's Meeting January 22, 1973 Mr. Howard: Yes and there would be no visible indication that anything had transpired. Mr. Bailey: Who would fund it? Mr. Howard: the preliminary one would be at his expense. There are three areas he is interested in, the Meeting House, Beifrey• and the old School House. He would also like to work with school children as part of an education project. Mr. O'Connell: I would respectfully suggest that the area thought to be the cemetery be excluded. Mr. Howard agreed. Mr. Buse: When he does the actual probling, he should notify the authorities that he is doing the probing.. Chairman Kenney: He is to call the Town Manager and the Director of Public Works. Mr. Howard agreed. Chairman Kenney: en a permanent memorial, is there some way you can tie into Buckman Tavern? Mr. Howard: We have already made available the services known to us relative to funds, so certainly this would be considered a very important permanent memorial. My understanding of Article 43 of 1972 was that we are required to give a report to Town Meeting, and we are requesting a report of our subcommittee in February. We have received a letter from the Chamber of Commerce that they intend to make some requests relative to the Visitors Center. What- ever the needs of the Bicentennial Committee may be between now and 1975 for secretarial help can be worked out with the Chamber of Commerce. Keep in mind the Bicentennial Committee is going to need office supplies in 1975. Chairman Kenney: It is so noted. Mr. Brown: Regarding Route 2, Commissioner Campbell has set up task forces; 1 am a representative of the Board and Peter Cha1pin of Public Works is also a member. We are going to meetings once a week and you should be aware of the fact that Lexington is not disregard- ing Route^but we are trying to bring expertise to this problem. Mr. Howard: Our concern is can it be done prior to 1975 or after? Mr. Brown: 1 can't say but people are aware of the necessity of doing something before 1975. Mr. O'Connell: Question- it is correct that the Board has taken a position on the request for the capital budget of $50,000; it is clear that the Board is not taking any position as to the specific items? Chairman Kenney: 1 think the matters are separate; we are look- ing at a finished picture of $100,000. Mr. Cole: We are right in assuming we have the support of the Selectmen for $100,000? Chairman Kenney: Correct; $10,000 last year; $50,000 this year and$40,000 in 1974. The Bicentennial Committee retired from the meeting. Representative Cole informed the Board of a hearing to be held on January 24 and asked for the position of the Board regarding Bill 4603, an Act authorizing the MBTA to issue bonds in the amount of $25,000,000. for improvements to commuter railroad passenger ser- vice facilities in Eastern Massachusetts. 1 Selectmen's Meeting January 22, 1973 Chairman Kenney: We have had a request from our SILC represent- ative,Thomas Costello, for our position on this. Upon motion duly made and seconded, it was voted to unanimous- ly support Bill 4603 and to request Representative Cole to present this position at the hearing on January 24, 1973. The Board discussed an amendment to the Traffic Rules and Orders by adding stop signs at Hayes Avenue and Meriam Street. Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders of Lexington adopted by the Board of Select- men on November 13, 1967 by adding to Article V111, Section 22, Schedule #7,the following: Street Hayes Avenue Hayes Avenue Location Southwestbound at Meriam St. Northeastbound at Meriam St. Regulation Stop Stop Upon motion duly made and seconded, it was voted to sign the Liquor Identification Card for Ellen Carroll Carter, 1444 Mass. Avenue. The Board discussed the appointment to the Buckman Tavern Recon- struction Committee. Because Mr. Robert Cataldo had declined the appointment, a vacancy exists on the committee and it was agreed to appoint Mr. Robert Custance. Upon motion duly made and seconded, it was voted to appoint Mr. Robert Custance a member of the Buckman Tavern Reconstruction Committee. Chairman Kenney read a request from the Director of Public Works for abatement of water bills. Upon motion duly made and seconded, it was voted to abate the following water bills: Margaret Jackson and C. Belliveau Edward & Helen Aubrey Eric Olson W. T. Cowing Robert M. Craig 22-24 Charles Street $49.85 Wrong reading-meterman 12 Hilltop Avenue 7.00 " " " 3 Brigham Road 48.06 " " " 24 Spring Street 74.55 " " put in book 9 Lincoln Terrace 7.35 " " sent in Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on December 4, 1972. Chairman Kenney: We have received a copy of the School Committee's minutes of our joint meeting held that evening regarding School Administrators' salaries, and they have requested a copy of our minutes. The Board agreed to send a copy of the Selectmen's minutes of December 4, 1972 to the School Committee. 37 raffic les top igns riam St. .D. Card Buckman Tavern econ- s ruct. ommittee ppt. Water Abate- ments minutes 38 Lexington Housing Authority LCSR Joint Meeting Executive Session Selectmen's Meeting January 22, 1973 Mrs. Riffin informed the Board that at the last meeting of the Lexington Commission on Suburban Responsibility, it was recommended that the Board of Selectmen be requested to invite the Lexington Housing Authority to a Joint meeting to discuss a progress report on scattered sites. The Board had declared a moratorium on the sale of these lots and the Commission felt the time has come for a report. The Board agreed to set up a joint meeting with the Lexington Housing Authority and to invite members of the Lexington Commission on Suburban Responsibility to attend. 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. Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m. A true record, Attest; Lex.Housing Authority LCSR Joint Meeting Executive Session Executive Clerk, Selectmen SELECTMEN'S MEETING January 29, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on (*Monday, January 29, 1973, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, six jurors were drawn as follows: Isabel L. Jankelson David F. Ladd Daniel J. Sliski Robert E. Salathe Frucio freschet Ernest F. White 16 Benjamin Road 2261 Mass. Avenue 15 Volunteer Way 25 Preston Road 3 Linmoor Terrace 81 Woburn Street Mr. Thomas Costello met with the Board to discuss House Bill 1208, which has been filed by Representative Cole, regarding the possibility of underground wiring at Minute Man National Park. Mr. Costello: This Act would require Boston Edison to remove the overhead wires and put them underground by 1975. The hearing is at the" State House on Wednesday and 1 would like to have the support of the Board of Selectmen. The cost is $2,100,000 to be assumed by Boston Edison and they feel it is too much money. There could be an amend- ment for 2,000 feet - at Marrett Road and the Minute Man National Park. Mr. Brown: What would the total cost be to do this throughout Lexington? Mr. Costello: No one has any cost estimates. Chairman Kenney: It would be in the multi -millions. Mr. Brown: It should be clear that we are not supporting the bill but only 2,000 feet. Upon motion duly made and seconded, it was voted to support an amended House Bill 1208 to require the Boston Edison Company to remove above ground transmission facilities and replace them with underground transmission facilities in the area of Marrett Road and the Minute Man National Park, a distance of approximately 2,000 feet. The Board agreed to request Representative Cole to present the position of the Board at the hearing on January 31, 1973. Chairman Kenney read a request from the Conservation Commission to take the Hill -Meek land by eminent domain, as authorized under Article 53 of the 1972 Annual Town Meeting. Upon motion duly made and seconded, it was voted that the Town of Lexington acquire by purchase or otherwise or take by eminent domain pursuant to the Order of Taking presented at this meeting a certain parcel of land situated on the southerly and southeasterly side of 41 Jurors HI208 Under- ground Wiring Marrett Road Min, Man Park Hi l l Meek Taking 42 Chapter 90 Parking Problem Mass. Ave. Wallis Ct. Parking Hibbert 5t. Traffic Rules Amendments Waltham St. Marrett Rd. Selectmen's Meeting January29,, 1973 Bacon Street, Lexington, Middlesex County, Massachusetts, the same being shown as Lot A on a plan entitled "Plan of Land in Lexington, Mass.," dated June 21, 1972, by Barnes Engineering Company, Inc., such acquisi- tion having been authorized by a vote adopted under Article 53 of the warrant for the 1972 annual town meeting and requested in writing by the Conservation Commission of the Town of Lexington. Further voted that said Order of Taking be executed by the Board of Selectmen and that a copy thereof be recorded in the Middlesex County South District Registry of Deeds within thirty (30) days as provided by law Chairman Kenney read a letter from Commissioner Campbell of the' State Department of Public Works regarding probable changes in Chapters 81 and 90 programs. A second letter stated that if there are no change$, tentative allotments have been made as follows: Maintenance East Street State County Town - $ 2,000 $ 2,000 $ 2,000 29,700 14,800 14,800 Chairman Kenney: We are carrying the amounts in our budget. Chairman Kenney read a letter from Dr. Alan Cooper, 1 Wallis Court, complaining of the parking on Massachusetts Avenue and a request that postal employees park in their own lot. The Board agreed to reply to Dr. Cooper that if the plans for the extension of Meriam Street parking lot are passed by Town Meeting it is hoped that the situation will be taken care of. Chairman Kenney read a request from Mrs. June Woodland, 15 Hibbert Street, for no parking on Hibbert Street from 8:00 a.m. to 5:00 p.m. Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Chairman Kenney read recommendations from the Traffic Committee to change 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 Selectmen November - 13, 1967 are hereby amended as follows: By adding to Article V, Section 2, Schedule 'I, the following: Location Side Waltham Street Westerly Sherman St. Sherman Grant 5t. From To Marrett Road 285 Feet -- Southerly Southwesterly Grant Street 200 Feet Southeasterly Tyne Parking Cir: Park i ng No Parking 8:00 A.M. to 6:00 P.M. Mon. through Fri. 1 1 1 Selectmen's Meeting Upon motion duly made and seconded, it was voted Rules and Orders of Lexington adopted by the Board of ber 13, 1967 are hereby amended as follows: January 29, 1973 that the Traffic Selectmen Novem- By adding to Article II (Authority and duties of police and Board of Selectmen) the following: Section 7: Towing of vehicles unlawfully parked or standing. In accordance with the provisions of Chapter 40, Section 22D of the General Laws (Ter. Ed.), the Board of Selectmen of the Town of Lexington hereby enact the following regulations authorizing the removal to a convenient place of vehicles parked or standing in such manner, or in such areas as are hereinafter described on any way under the control of the Town of Lexington, Vehicles specifically exempt by Chapter 40, Section 22D shall not, however, be subject to such removal. (1) AUTHORIZATION OF POLICE: The moving or towing of any vehicle under the provisions of this article shall be by and at the direction of the Chief of Police or such other officers of the rank of Sergeant or higher as he may from time to time designate. (2) FEES: The Board of Selectmen hereby imposes upon the owner of any vehicle moved or towed to a convenient place under the provi- sions of this Article, the following fees: (a) Removal or towing fee not to exceed that which is provided in or as authorized by Statute Law. (b) Storage fees not to exceed that which is provided in or as authorized by Statute Law. (3) LIABILITY FOR DAMAGE DURING REMOVAL OR STORAGE: The towing agency or contractor shall be liable to the owner for any damage arising out of negligence caused to a vehicle in the course of removal and/or storage. (4) GENERAL PROHIBITION TOWING ZONES: No person shall stand or park, or allow, permit or suffer any vehicle registered in his or her name to stand or park in any of the following places, Vehicles 'found in violation of the provisions of this Section except those specifically exempt by law, shall be removed to a convenient place under the direction of an officer of the police department, and the oWner of the vehicle so removed or towed away shall be liable to the cost of such removal and/or storage, if any, as set forth in sub- section 2 of Section 7 of this Article. The owner of any vehicle removed or towed away under the provisions of this section shall also be subject to the penalties provided in Chapter 90, Section 20A or the General Laws (Ter. Ed.). 4.3 Traffic Rules & Regula- tions Towing 44 Selectmen's Meeting January 29, 1973 (a) Upon any way in such a manner as to impede the removal or plow- ing of snow or ice except vehicles parked in accordance with approved regulations governing all night parking. (b) Upon any sidewalk. (c) Upon any crosswalk. (d) Upon any way within twenty (20) feet of an intersecting way, except alleys. (e) Upon a way within ten (10) feet of a fire hydrant. (f) On the roadway side of any vehicle stopped or parked at the edge or curb of the way. (g) In front of a public or private driveway. (h) Upon any way where the parking of a vehicle will not leave a clear and unobstructed lane at least ten (10) feet wide for passing traffic. (i) Within the limits of any way for a period of time exceeding twenty-four (24) consecutive hours without the permission of the Board of Selectmen or the Chief of Police, whether or not said vehicle is disabled and preparations are being made by the owner of operator for its removal. (5) POLICE TO KEEP RECORD OF TOWED VEHICLES: The Police Department shall keep a record of all vehicles towed or removed under the provisions of this Article. Such record shall be retained for one (1) year and shall contain the following information: (a) The registration number of the vehicle. (b) The location from which it was towed, and the time and date of the tow order. (c) The location to which it was removed. (d) The name of the -towing agencyy::or contractor, if any. (e) The name and rank of the police officer who authorized the towing or removal of the vehicle. Watertown Chairman Kenney read a recommendation from the Traffic Committee re - St. Blind garding the request of Mrs. Mahakian for a "Blind Driveway" sign at Driveways 12 Watertown Street. The report states that the site was reviewed and Sign found to warrant the sign. However, we suggest that the sign read "Blind Driveways Ahead," for there are four other houses with similar situations as 012 Watertown Street. Selectmen',s Meeting January 29, 1973 Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to make arrangements for the installation of a sign reading "Blind Driveways Ahead" on Watertown Street in order to alleviate the problem of residents getting in and out of driveways. Chairman Kenney read a petition from residents for a sidewalk on Lincoln Street from Marrett Road to Middle Street. Chairman Kenney: We have reviewed sidewalk requests and they are in the vicinity of 3400,000. Lincoln Street would have to be pestponed until our next budgetary consideration. Mr. O'Connell: This is a petition similar to ons on School Street; they don't live on the street. The Board agreed to inform the petitioners to re -submit next fall. Chairman Kenney read a letter from Mr. William H. White, 289 Woburn Street, regarding sewer service on Woburn Street. The Board agreed to inform Mr. White that this project has been approved and will be submitted to Town Meeting for action. Assuming that funds are voted, work would be engineered this summer and con- struction work would begin late this fall or early in the spring of 1974. Chairman Kenney read a request from Mr. John T. Giblin, Jr., Manager of Harvard Trust Company, for additional street lighting behind the bank on Edison Way. Upon motion duly made and seconded, it was voted to table the request pending receipt of information from the Director of Public Works. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting of December 18, 1972. Chairman Kenney read an application from Martin Lawrence Hagerty, 301 Bedford Street, for an Auctioneer's license. Upon motion duly made and seconded, it was voted to table the request pending further information on the length of residence in Town, etc. Chairman Kenney read a request from Mr. Henry E. Keenan, Auc- tioneer of Arlington to conduct an auction of Persian rugs at the Sheraton Motor Inn on February 2, 1973. Mr. Cohen: 1 don't believe you can grant this request. First of all, he is not an inhabitant of Lexington, and 1 understand that these rugs will be brought into Town. The Board agreed to inform Mr. Keenan that Town Counsel advises us that he cannot conduct the auction as there are statutory prohibitions. 45 Sidewalk Petition Lincoln St. Woburn St. Sewer Lights Edison Way Minutes 'Auctioneer's License Out -of -Town Auctioneer 46 Revenue Sharing Funds Request Polling Place Precinct 3 School Street Traffic Executive Session Capital Expendi- tures Committee Selectmen's Meeting January 29, 1973 Chairman Kenney read a request from Mr. Richard B. Moff, President of Mystic Valley Association for Retarded, Inc., to share •in Revenue Sharing Funds. Mr. O'Connell: The use of Revenue Sharing Funds takes Town Meeting action, an Article, must be in the budget, must be appropriated, etc. The Board agreed to inform Mr. Moff that Revenue Sharing Funds could not be used for his organization. The Board discussed a polling place for Precinct 3. Chairman Kenney: Mr. O'Connell has looked into the Bridge School, rather than Clarke Junior High School, and the layout is good. Mr. O'Connell: The layout is excellent, it has good access, and would not interfere with the function of the school. It has a little more parking area than most schools, has a circular drive and has two streets. The Board agreed to request the School Committee for the use of Bridge School as a polling place for Precinct 3. Chairman Kenney informed the Board that our application for school zones on School Street has been denied by the State Department of Public Works. Chairman Kenney: Originally, this was brought about by a request for a sidewalk. We will notify the principal people involved there and tell them this has been denied. Now, we will have to ask the Traffic Committee to take another look at the situation. The Board agreed. Upon motion duly made and seconded, At was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, would adversely affect the public security, financial interests of the Town or the reputation of a person. After discussion of matters with the Conservation Commission and Town Counsel, it was voted to go out of Executive Session and resume the open meeting. The Capital Expenditures Committee met with the Board. Mr. Silverman, Chairman of Capital Expenditures Committee: In reviewing projections through a five-year period, we find debt service will decline from $II million to $6 million in 1976. Provided we re- ceive no other input on capital expenditures this means some relief to assist us on the operating budget. The School Committee told us on January 26 that they appear to have no capital expenditures planned. However, they are considering a feasibility study of all school build- ings and if they do this will need funds. In the operating budget, - we see problems on the landfill as we might have to add to it in five. years; there is a serious problem as costs for out-of-town disposal are astronomical. The projected cost is $650,000 for sewers over a five year period to complete the sewer program. We have not made our 1 1 Selectmen's Meeting January 29, 1973 final decisions yet but our projected cost under the 18 -month budget is for $855,000 for sewers; 150 percent of $650,000 is $975,000. Water remains the same except that we project $25,000. On streets, we have added the Clarke Junior High access road; $260,000 as opposed to 8150,000. Chairman Kenney: One comment - we will not be going for construc- tion funds. Mr. Silverman: We have projected $80,000 for the Fire Station; $17,500 for Town buildings; $172,000 for general land acquisition; $79,500 for recreation; $10,000 for Lincoln Street; $100,000 for Lexing- ton Center; $50,000 for Meriam Street parking lot; including the Library, Buckman Tavern, and the chipper. We are talking about $120,000 less on sewers and $40,000 less on sidewalks. Chairman Kenney: A word of caution on your long-range plan for sewers. If you do this for five years then the Town must look at a major maintenance program. Mr. Silverman: i told my committee the debt service is declining. When we see projects, we wonder whether or not it is a good time to de- clare a moratorium on Targe capital items. There is no question on completu:ng the sewer system to start right in on maintenance. Chairman Kenney: It could run $100,000 a year for 4 or 5 years. Mr. Kingston: Would the Whitman and Howard study give us a better understanding of the problem? Mr. O'Connell: Yes. Chairman Kenney: We are programing more sewer inspection and from that they can determine the damage to the sewers; which means that within a couple of years we can have a good picture. Mr. Silverman: The key is, we are a Town that was maturing and we would have a lessening of the debt. On Conservation, we have been pro- jecting $200,000 per year and the question is whether Conservation could find the kinds of parcels to spend that money. Can you think of any other large capital expenditures? Mr. O'Connell: One of the most likely areas is the major expansion of recreat•i:on facilities at the Center or Harrington. The center pool would have to be replaced and enlarged or replaced at Harrington, and other items that would be in the complex. Mr. Kingston: We projected $150,000 for 1976. Chairman Kenney: 1 think we are hopefully on fairly compatible ground and we will have a few refinement figures for you. 1 will give you more figures on the Meriam Street parking lot on fencing, metering and parking spaces. Mr. Silverman: On the Library, we might recommend to Town Meeting a shorter period of bonding and shorter amortization and it would give us some relief in 5 years. It was agreed to submit more information to the Capital Expendi- tures Committee on the Meriam Street parking lot, Belfry Hill, Center Development and Beautification, Harrington Playground. The Capital Expenditures Committee retired from the meeting. 4S Executive Session Selectmen's Meeting January 29, 1973 Upon motion duly made and seconded, it was voted to go •:_i:ptoi Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, 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 11:55 p.m. A true record, Attest: Executive Clerk, Selectmen 1 SPECIAL SELECTMEN'S MEETING February 1, 1973 A special meeting of the Board of Selectmen was held in the Selectmens Meeting Room, Town Office Building, on Thursday, February 1, 1973, at 7:30 P. M. Chairman Kenney,Messrs. Bailey, Busa,•iBrown and Mrs. Riffin; Mr. O'Connell, Town Manager; Chairman Furash, Messrs. Bernier, Blaisdale, Burnell, Levingston, Mitchell, White, Mrs. Flynn of the Appropriation Committee; Mr. Perry, Comptroller, were present. A Tax Estimate Sheet was distributed by the Chairman of the Appropriation Committee showing an estimated tax rate of $75.00. Mr. Furash stated that this estimate is unacceptable and he asked how lean the Town can run in order to reduce this figure. Mr. Kenney replied that the budget is based on the basic requirements for the administrative costs of running the Town, and it is not possible to run lean enough to reduce the rate by $10.00. The group reviewed the 18 months Budget Summary. Mr. Furash asked the Board to identify the discretionary elements. He wishes to find one million dollars. His committee wants to set dollar limits and to operate within them. The Board and the Appropriation Committee re- viewed accounts; 1090; 1700; 1750; 7800; 8550;8525; 8100; 7850; 7225; 7200; 5800; 5700; 5600; 3300. The Appropriation Committee agreed that the following accounts are non -controllable (with the exception of $20,000 in 1700 which should be separately justified); 1700; 1750; 5600; 5800.; 7800; 7825; 8100; 8200; 8500; 8525; 8550. Mr. Furash suggested that the 1972 cumulative total be used as the base line; he would consider 3% as the acceptable 12 month increase from that level, with the exclusion of snow removal. The Town Manager objected to the 3% level since the 1973 purchase price of commodities has in- creased, and therefore this approach would lead to the elimination or curtailment of services. Chairman Kenney indicated that $5 of the in- crease is attributable to the teacher payroll, $I. to the regional vocational school, and $1.36, the amount we are shopping for, includes uncontrollable increases. 1973 $1,102,555- Uncontrollable Cost; Snow Included 1972 948,414- Uncontrollable Cost; $115,000 for Snow $ 154,141 - A Difference of 16.2% The Board agreed to look at the key budgets with programatic changes. Appropriation Committee asked the Board of Selectmen to remove $30- 45,000 from the budget on a 12 month basis. 39 40 Special Selectmen's Meeting February I, 1973 The two groups reviewed the costs involved in the Warrant Articles for the 1973 Town Meeting. In summing up, Mr. Furash again requested that the Board of Selectmen reduce the tax rate by eliminating some of the discre- tionary items. He suggested that the Board consider bonding of sewers, since $800,000 for sewers adds $4. to the tax rate. He again asked the Board to reduce the discretionary sum of $56,000 by $30,000. The Appropriation Committee withdrew from the meeting. The Board of Selectmen considered specific accounts: Fire, Police, Town Building Maintenance, Sewer Maintenance, Library, Conservation, Dump which might be "massaged" to achieve some reductions. Upon motion duly made and seconded it was voted to adjourn at 10:20 P.M. mcm vItA Natalie H Riffin 1 49 SELECTMEN'S MEETING February 5, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, February 5, 1973, 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. Chairman Kenney informed the Board that Mr. Stephen Politi, Chair- man of the Youth Committee, requests that the sum of $983 be approved for the printing of the Youth Committee booklet, which is to be distri- buted to the townspeople when the Town Report is delivered. Originally, Youth $750 had been allocated for the printing of the booklet. Booklet Mr. Busa and Mr. Brown felt that they should stay with the $750. Mrs. Riffin and Mr. Bailey disagreed and felt it should be printed with the recommended cover, which would bring the cost'to $983. After discussion, the Board agreed to stay within the $750 appro- priation. Mr. O'Connell informed the Board that he was contacted regarding a position on House Bill 3343, an Act to eliminate the requirement that municipal employees take the oath of allegiance. 1 don't think the Town Manager should take a position on political matters. Mr. Brown: Being a teacher, I have taken the oath far years and it is realty a pro forma thing. This is something which bothers some people as not being basic to their philosophies. 1 don't think one should take the oath as a joke and more people do this. It is my feel- ing that upholding the Constitution of the U.S. or the State has meaning and,in this regard, I would go along with the sub -committee which recommends going along with the position of the bill, and living with it is a reasonable thing. '1 can see the point of people who see it as making a joke out of it. Chairman Kenney: Purely because of the lack of time to delve into this as the hearing is tomorrow, 1 think the Board wishes to avoid taking a position right now. The Board agreed. Dr. Cosgrove,, Chairman of the Board of Health, met with the Board and explained that a series of clinics for medical services for senior citizens have been planned by the Board of Health but the big question has been funding. We asked the federal government f©r $500 and an individual has offered to give us $500. Are there any legal entangle- ments for the Town to accept this individual's offer? Chairman Kenney: What are your costs? Dr..Cosgrove: We figure four hours a morning for Visiting Nurses at $30. H3343 - Municipal Employees' Oath of Allegiance Board of Health Sr. Cl3mic 50 Selectmen's Meeting February 5, 1973 Mr. O'Connell: The donor could pay the bills as a donation, in- stead of the Town having to pay them. The Board agreed, and informed Dr. Cosgrove that the individual donor could pay the bills. Dr. Cosgrove thanked the Board and retired from the meeting. Chairman Kenney read the annual request from the Greek Orthodox Permit Church of Cambridge for permission to have the Ten Mile Road Race,'. Road starting at the Minute Man to the Arlington line. Race Upon motion duly made and seconded, it was voted to grant permis- sion to the Greek Orthodox Church of Cambridge for the Ten Mile Road Race on Sunday, March 18, 1973, at 1:00 p.m., with a police escort to the Arlington line. Cert. of Incorp. Arts and Crafts Exhibits Upon motion duly made and seconded, it was voted to certify the character of Dorothy Kravett, 23 Constitution Road, who has applied to Secretary Davoren for Certificate of incorporation "Tay-Sachs Foundation of New England, Inc." Chairman Kenney read a request from the Painters Guild of the Lexington Arts and Crafts Society to use Buckman Tavern Grounds for art exhibits. The Board had no objection to the use of Buckman Tavern grounds by the Painters Guild on Sunday, May 20, 1973, 12:00 Noon to 6:00 P.M. (rain date of May 27) and Sunday, October 7, 1973, 12:00 Noon to 6:00 P.M. (rain date of Oct. 14). The request was referred to the Town Manager for the proper arrangements to be made. Chairman Kenney read a request from Mrs. Glide Chardo, 184 Concord Avenue, for a sewer extension to service her home. Chardo A report from the Director of Public Works/Engineering was read Sewer stating that her home is not included in the budget at this time but Request it is recommended that this area be assigned a priority based on the Concord outcome of bids for projects proposed for the coming construction Avenue season. In the event no funds are available this year, Mrs. Chardo may make a formal petition early next fall for the 1974 budget. The Board agreed to write to Mrs. Chardo and state the recom- meddation submitted by Mr. McSweeney. Overnight Parking Gould Rd. Chairman Kenney read a recommendation from the Traffic Committee regarding the request of Mr. Dale Kutnick, 10 Gould Road, for overnight parking in his area. It was stated in the report that it is not the Town's responsibility to provide parking for private vehicles in residential areas; therefore, there is no reason to exclude this or any other area from the all-night parking ban. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee and to inform Mr. Kutnick that the area at_the intersection of Turning Mill Road and Gould Road is not to be used for overnight parking. 1 1 Selectmen's Meeting February 5, 1973 Chairman Kenney read a letter from Mrs. Crothers regarding the North culverting of the North Lexington Brook. Lexington Upon motion duly made and seconded, it was voted to table the Brook matter pending a report from the Director of Public Works/Engineering. Dr. and Mrs. Joseph Leader, 17 Fairfield Drive, met with the Board to discuss the installation of Town and Country street lights on Fairfield Drive and Brookwood Road. Chairman Kenney read a report from the Director of Public Works/ Engineering stating that the luminaire .and standard do not provide sufficient footcandles -and good quality lighting per unit to meet our current lighting policy for public ways. We cannot agree with Dr. Leader's comparison between the standard type and Town and Country type located in Winchester as the Town of Winchester does not have the updated street lighting program and is still using 1,000 lumen incandescent lamps, as compared to Lexington's 3,500 lumen mercury Street vapor. In summary, the Boston Edison approved contemporary street Lights Tight is not recommended for general use because it does not meet the required standards for roadway safety in a public way, both for pedes- trians and vehicular traffic. Chairman Kenney: We referred this request to the Planning Board and received a letter stating that "it concurs with the Design Advisory Committee's opinion that Boston Edison contemporary street light is not suitable for general use as a standard residential lighting fixture." We installed one of these lights on the Green and we solicited comments, and they were mostly negative. Dr. Leader: We are people who are interested enough in an aesthetic and quality area and we are interested in doing something for our area. We find these lights attractive and in calling Boston Edison I was told the orders for them are increasing. After further discussion, it was agreed to withhold a decision pending a report from the Director of Public Works on his investiga- tion with the Town. of Winchester. Chairman Kenney read a report from the Traffic Committee regarding interim measures to alleviate traffic conditions on Brookside Avenue during peak school hours. The report states the following recommenda- tions: Traffic Clarke Jr. 1. Installation of a sidewalk on the northerly side of Brookside High Avenue from Stedman Road to Waltham Street and upgrading of the exist- ing sidewalk on Waltham Street between Brookside Avenue to Marrett Road. 2. No parking on either side of Brookside Avenue during school. 3. Continuation of a program by the school administration to urge children walking to and from the school from the west side of Waltham Street to cross at the traffic signals at Marrett Road and pro- ceed on the sidewalk on the east side of Waltham Street to the school rather than to cross at Brookside Avenue, as they continue to insist on doing. Scattered Sites Lexington Housing Authority Selectmen's Meeting February 5, 1973 4. Acquisition of a sight distance easement to be cleared on the east side of Waltham Street Just south of Brookside Avenue (some of the easement would be on public land and some on conservation land). 5. The widening of the corners on the south side of Brookside Avenue at Waltham Street and Stedman Road to improve turning radii. The Traffic Committee has evaluated the current circumstances anti at this time, we cannot find sufficient justification to either relocate the crossing guard or extend her hours at her present station. Also, the Engineering Department wi11 continue to study the turning movements at both the Waltham Street intersection and the school entrance (Stedman Road) intersection of Brookside Avenue. After discussion, the Board agreed to accept the recommendations of the Traffic Committee regarding interim measures to alleviate traffic conditions during peak school hours on Brookside Avenue. Mr. McSweeney was instructed by the Board to meet with the Traffic Committee and the Permanent Building Committee to discuss a second access road to the Clarke Junior High School. Mr. Temple Scanlon, Chairman of the Lexington Housing Authority, Mr. Frank Michelman, Chairman of Lexington Commission on Suburban Responsibility, and Mr. Eric Clarke of the Planning Board met with the Selectmen to discuss scattered sites. Mr. Scanlon: 1 have had conversation with Mr. Michelman regarding Article 99 of 1972 Annual Town Meeting appropriation of $500 and that the Lexington Housing Authority is charged with the responsibility. Basically, on the problem of housing we had hoped to make positive moves. As far as financial commitments, we are not worried; there may be areas through HUD and the Department of Community Affairs but they are not clear as to what areas or what the funds will be in the coming year. On the construction at Vynebrooke, we are overdue as far as occupancy - we should have been in there in November but hope to have it completed by the middle of March. On landscaping, there is a shortage of materials; there has to be maintenance by full time employees and in- creased personnel in our agency. On the basis of that, we request the Board of Selectmen to maintain the moratorium on selling Town -Owned lots for six months. Also, to keep the $500 in the budget and the Housing Authority can come back to you by September 15 with a report that this can or cannot be done. We will come in with a program asking for a transfer of these properties on a certain basis, or the concept we have in mind cannot be done. We would like to have until September 15. Mr. Michelman: 1 concur with Mr. Scanlon's request. It is the sense of our Commission that the way the matter was handled at Town Meet- ing that the Housing Authority was to be the agency to do this. They got off to a good start by firming up with MHFA for a model program. LCSR had a general discussion of the general outline and we concurred that the Housing Authority as the agent has not changed. The only point is if it should turn out in six months that Housing is unable to make ends meet, 1 suppose LCSR would be grateful to pick up the ball to see if there were some other means - or it might be conceivably possible for some other agency to get it built. Selectmen's Meeting February 5, 1973 Chairman Kenney: 1 assume the Planning Board would concur? Mr. Clarke: Yes. Upon motion duly made and seconded, it was voted to extend the moratorium on the sale of tax title lots to September 30, 1973. Mr. Scanlon, Michelman and Clarke retired from the meeting. Chairman Kenney read a request from Mr. Peter Chalpin, Engineer, to rescind the vote of January 22, 1973 for stop signs on Hayes Ave- nue and Meriam Street, and to vote to amend the Traffic Rules and Orders, Article V111, Section 22, Schedule 07, by adding: r' Tax Title Moratorium Extension Meriam Street Northwestbound at Hayes Avenue Stop Sign Meriam Street Southeastbound at Hayes Avenue Stop Sign Traffic Hayes Avenue The Board agreed to request the traffic count at Meriam and and Mariam Hayes Avenue. Street Upon motion duly made and seconded, it was voted to table the request to amend the Traffic Rules and Orders for stop signs on Meriam Street and Hayes Avenue pending a report on the traffic count to be submitted by the Engineering Department. Upon motion duly made and seconded, it was voted to remove from the table the application from Martin L. Hagerty, 301 Bedford Street, Auctioneer's for an Auctioneer's license. License Upon motion duly made and seconded, it was voted to sign the Auctioneer's license for Martin L. Hagerty, 301 Bedford. Upon motion duly made and seconded, it was voted to sign the in- tent to lay out the following streets: Subdivision Streets Barrett Road, from Worthen Road to end. Bond Road, from John Poulter Road to end. John Poulter Road, from Winthrop Road to Worthen Road. Vi les Road, from Waltham Street Southeasterly for a distance of approximately 1,053 feet. Betterment Streets Grassland Street, from Payson Street to Valleyfield Street. Holland Street, from Taft Avenue 200 feet ± N.E. to end. Alteration and relocation of Fern Street, from Westerly sideline of Pleasant Street 100 feet ± Southwesterly. Upon motion duly made and seconded, it was voted to sign the notice to the Town Constable to deliver the notice of intent to the abutters of said streets, and the notice of street hearings in Cary Hall on February 15, 1973, at. 7:30 p.m. Intent to lay out Streets 54 East St. Chapter 90 East St. Easements Trees Selectmen's Meeting February 5, 1973 Chairman Kenney read a memorandum from Mr. McSweeney, Director of Public Works/Engineering regarding Chapter 90 East Street reconstruc- tion, as follows: 1. Preliminary design plans are transmitted herewith indicating roadway alignment, areas requiring slope easements and trees scheduled for removal as prepared by the Massachusetts De- partment of Public Works, District 4 office. 2. Plus a print of the plan of slope easements prepared by the Town Engineering Department in accordance with the requests from District 4. The State has advised us that before they will prepare final con- tract drawings for this project, they will require a memorandum of agreement substantially approving the preliminary design. It is to this end that we request that you review these plans and advise us of any comments you may have. Additionally, if these plans are accept- able please vote an intent to take the slope easements so that we may prepare the necessary information for Town Counsel, and hold the neces- sary tree hearings. Mr. McSweeney: The only change will be from Grant Street to 200 feet beyond. The Board reviewed and approved the submitted plans on East Street. Upon motion duly made and seconded, it was voted to approve the plans submitted by Mr. McSweeney, Director of Public Works/Engineering showing the proposed slope easements, trees'scheduled for removal, and proposed roadway alignment for the East Street Chapter 90 project. Upon motion duly made and seconded, it was voted to instruct Town Counsel to prepare the papers for the necessary takings for slope and driveway easements, as shown on the plan prepared by our Engineer- ing Department.:Also, to instruct the Tree Warden to post the trees and hold the required tree hearings. Mr. McSweeney submitted a preliminary design for improvements of Belfry Belfry Hill showing a service road, footpath, benches and landscaping. Hill Chairman Kenney: We are talking about a $30,000 project. Concept The Board agreed to the concept and a copy is to be sent to the Capital Expenditures Committee and the Appropriation Committee. Water Abatements Upon motion duly made and seconded, it was voted to sign water abatements for the following: Joseph Cataldo Hei-Ching Liu David Ahearn Tony Venutti 52 Bow Street 4 Shaw Place 26 Dewey Road 397A Lincoln Street $ 8.75 Meter Out 83.16 Defective Dial 17.57 Meter changed 8.75 Meter taken out Selectmen's Meeting February 5, 1973 Cijairman Kenney informed the Board that the Warrant must be signed. Upon motion duly made and seconded, it was voted to sign the Warrant for the 1973 Annual Town Meeting., Chairman Kenney informed the Board that he had called the Superin- tendent of Schools about the substitution of the Bridge School for the Clarke Junior High School as a polling place for Precinct 3 and he could see no problems. Mr. Barnes of the School Department came into the meeting and in- formed the Board that the School Committee approved the substitution of the Bridge School, and would like to work out a solution on the storage of voting machines. Upon motion duly made and seconded, it was voted to substitute the Bridge School instead of the Clarke Junior High School as the polling place for Precinct 3. .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 affect the public security, the reputation of a person or the financial interests of the Town. 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: ?)'2- Executive Clerk, Selectmen 55 Sign Warrant Bridge School as Po I l .r ng Place for Precinct 3 Executive Session 56 1857 Report Gift to Town Youth Booklet Patriots' Day Pan- cake Break- fast CATV Comm. Minutes SELECTMEN'S MEETING February 12, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, on Monday, February 12, 1973 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/Engineer- ing; Mrs. McCurdy, Executive Clerk, were present. Mr. Henry Jenks met with the Board to present to the Town an 1857 Report of the Auditors, which had formerly belonged to his deceased wife, Bessie. Chairman Kenney and the Board thanked Mr. Jenks for his gift and informed him that the 1857 report will be placed in the Cary Memorial Library exhibit room with an appropriate notation indicating that it is a gift in memory of Bessie Vicery Jenks. Mr. William Hays of the Youth Commission met with the Board to dis- cuss the Youth Booklet to be printed and delivered to citizens with the Town Report. Mr. Hays: A bid of $983 has been received from Semline, and a bid of $1,095 from Acme Printing Co. We would be inclined to award it to Semline. We have $750 budgeted and request the additional funds in order to have it printed. The Board agreed to take the matter under advisement. Mr. Hays retired from the meeting. Mr. O'Connei discussed the use of Cary Hall by the Rotary Club on Patriots' Day for the pancake breakfast. They would like to be assured they would be allowed to use it in 1975. The Board agreed to discuss it with the Town Celebrations Committee. Mr. William Page met with the Board to discuss appointments to the Advisory Committee on Cable Television. His recommendations were ac- cepted by the Board. Upon motion duly made and seconded, it was voted to appoint the following as members of the Advisory Committee on Cable Television: Selectman Sanborn C. Brown, William R. Page,' Mrs. Nancy Anschuetz, Mrs. Martha Wood, Robert E. Cain, and John E. Ward. Selectman Brown is to convene the first meeting of the committee. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on December 26, 1972, January 2, 1973, and January 8, 1973. Selectmen's Meeting February 12, 1973 Chairman Kenney read a letter from William A. Rae of Frost and Higgins, Burlington, regarding the removal by the Town Tree Department of diseased elm trees on private property. After discussion of a report from the Director of Public Works, the Board agreed to inform Mr. Rae that the removal of diseased trees from private property by the Tree Department is warranted in order to keep the elm disease from spreading to other private and/or public areas. This policy is consistent with other localities within the Commonwealth and the Town will continue to operate in this manner. Chairman Kenney read a report from the Director of Public Works regarding the request of the Harvard Trust Company for additional lights on Edison Way at the rear of the' bank. The report states that there are two existing poles and a request could be made to Boston Edison to install lights; the cost to the Town would be $34.20 per year. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to order two new street lights from the Boston Edison Company. The Harvard Trust Company is to be so informed. Upon motion duly made and seconded, it was voted to meet on Tuesday, February 20, 1973, because of Washington's Birthday being celebrated on Monday. Chairman Kenney read a request from Secretary Davoren for approval of the location at 332 Concord Avenue, Lexington, for the Boston Brass Quintet, Inc. This organization has applied for Certificate of Incor- poration, A report from Chief Corr states that John Schulenburg, has moved to 332 Concord Avenue and rents an apartment there. He is a music teacher at Boston University and the Conservatory of Music. Chief Corr could find no reason why the Board should not approve the application. A report from the Building Inspector states that this is a resi- dential area and the application is just for a mailing address, the location is as approved. Upon motion duly made and seconded, it was voted to sign the form to approve the location at 332 Concord Avenue as a mailing address for the Boston Brass Quintet, Inc. Mr. McSweeney presented the design layout of Fern Street, Grass- land Street, and Holland Street. He informed the Board that they will be forwarded to the Street Advisory Committee, along with construction plans. The hearings will be held on Thursday, February 15, 1973, in Cary Hall. The pavement will be recommended at 30 feet, and we feel there should be no problem with trees. Upon motion duly made and seconded, it was voted to approve the preliminary design layout of Fern Street, Grassland Street and Holland Street. 57 Removal of Diseased Trees Additional Street Lights Edison Way Selectmen's Meeting Certificate of Incorp. Streets for Town Meeting 5S Selectmen's Meeting February 12, 1973 Chairman Kenney read a report from the Director of Public Works/ Engineering regarding a request to the State Engineers for approval of stop signs on Hayes Avenue, southwestbound at'Meriam Street, aad north - eastbound at Meriam Street. This request was voted by the Board on January 22, 1973. The State Engineers had informed us that Hayes Avenue is the major street of this intersection and it is against all policy to put a stop sign on a major street. Mr. McSweeney's report Stop states that the peak traffic hour is 4:30 to 5:30 p.m., with Hayes Signs Avenue carrying 61 percent of the volume and Meriam Street carrying Bayes Ave. 39 percent. and Last week, the Board had tabled a request from the Engineering Meriam St. Department to rescind the vote of January 22, 1973 and submit a new request for stop signs on Meriam Street, northwestbound at Hayes Avenue, and southeastbound at Hayes Avenue. Mr. Bailey objected to stop signs on Meriam Street, and the Board agreed not to send the request to the State Engineers. Upon motion duly made and seconded, it was voted to rescind the vote of January 22, 1973 to request approval of the State Engineers for stop signs on Hayes Avenue, southwestbound at Meriam Street, and northeastbound at Meriam Street. Mr. Bailey abstained. Mrs. Lois Brown, Chairman, and Mr. Eric Clarke of the Planning Board met with the Selectmen to discuss wetlands. Mrs. Brown informed the Board that Mr. Clarke is to make ,the pre- sentation. Mr. Clarke: Weare approaching the time when all good land is built upon and the land left over tends to be wetter than the land already built on. If homes were built on these lands, basements would tend to be wet, and other lands have been changed for construc- Wetlands tion. The Town has to spend money for drainage. It is very important 'Planning to try to protect wetlands because of inadequate construction. One of Board the major efforts has been the purchase of conservation land, and the other way is subdivision control at the Planning Board level, and to maintain the water conditions under control. The Hatch Act has put more teeth into filling land, and we would be able to say that this land had been found beforehand to be wet, and anyone wanting to build on it would have to go in for a Hatch Act hearing or to the Board of Appeals. A person would always be subject to the Hatch Act if he is in the delineated area. It is an important advance to tighten up a loose situation that is developing in the Town. We talked of this to the Board of Appeals and the Act would put the matter of jurisprudence in the hands of the Board of Appeals, to be settled by them. We used a photogrammetric consultant and 56 maps; he went through them to determine where the wetlands would be, where bodies of water existed, etc. He .chase ,a suitable contour in a particular area which would be 59 Selectmen's Meeting February 12, 1973 wetland, some 120, 130 or 140 feet. He tried to do it so that no one would find a hardship in the wetlands so designated. Housing already in there is exempt from the conditions of the Act. Chairman Kenney: How about any further development? Mr. Clarke: There are a number of instances that a few homes are divided by wetland boundary. We are considering an amendment before Town Meeting. The contour lines as shown on the map can be determined on the land by regular surveying techniques. Chairman Kenney: If it passes and anyone wishes to subdivide, he has the option of going before the Board of Appeals. Some of the holders of parcels feel the land would be devaluated if it goes through. Mr. Clarke: I would point out that we do not really provide a hardship on such people. The only thing he can't do is fill it. If he needs to put a building on it, he is already subject to the Hatch Act. If he wants to put accessory buildings on„it, we are working on an amendment. Chairman Kenney: Under these conditions, the owners' chances go away down. This is a serious thing for Town Meeting to consider. Mr. Clarke: The Conservation Commission doesn't take that lightly. I think we are working toward the same end. Mrs. Brown: The mechanics are important. At the suggestion of the Conservation Commission, we are revising the map. We are making an on- site inspection to see if that is justified. Some kind of hydrological` expertise is needed. The Board of Appeals will need advice and that advice willIbe provided by the Planning Board; the:Conservation Commis- sion wi11 need advice. An Advisor would be advising both boards so that they are not working at cross purposes. It is our opinion that it is the need of the Town to define its wetlands. Chairman Kenney: Do you feel it would devaluate the land? Mrs. Brown: I don't know; it is not something 1 can advise on. There are all kinds of things that go into the price of land. Chairman Kenney: I don't think the Town should hurt people. Mrs. Brown: Any kind of zoning affects the value of land; this is philosophical. Mr. Buse: 1 can't understand the Planning Board. The proposition presented can bring the value down to zero. I have looked at the map and have seen quite a few parcels that have been owned over 100 years. They are now using it as farmland and at the present time it can be used for construction under the Hatch Act. A vote of Town Meeting can bring the value down to zero. A line was drawn unbeknownst to the people. Someone should have gone there and said that people have walked it to determine where the line is going to be Mr. Bailey: Were all the owners notified of the public hearing on February 22? Mrs. Brown: Not individually. Chairman Kenney: There was an advertisement in the paper. The Planning Board retired from the meeting. 60 Traffic Clarke Jr. High Executive Session Selectmen's Meeting February 12, 1973 Mr. McSweeney, Mr. Whitman - Permanent Building Committee, Mr. Maclnnes - School Department, Police Chief Corr, Mr. Scowler - Permanent Building Committee, met with the Board to discuss the Clarke Junior High School traffic problem. Mr. Whitman said that there are problems because students are crossing without a crossing guard and there are traffic problems at Brookside Avenue. Mr. McSweeney: First, we start out with inadequate access. As far as traffic and children crossing, I have observed no problem if the children cross where there is a guard. Mr. Macinnes: The guard is not there when the Junior High child ren want to cross but only there for the Franklin School children. Chief Corr: We knew we had a traffic problem before we started. The basic assumption is that youngsters cross where they are supposed to, but they cross where they feel they want to. We have an officer in front of Muzzey and 2 or 3 cross where they should and the other 20 don't. I agree we ought to put a sidewalk on the other side of Brookside Avenue. There is a traffic problem to a degree due to turning movement. There is a speed limit sign for 40 m.p.h. and it doesn't reduce to 30 until Brookside Avenue; we could move that back. Even if the Board votes to extend the hours for the crossing guard, 1 don't feel 1 have the manpower to do it. Mr. Whitman: One of the major problems is parents turning in traffic; also, kids crossing at Brookside Avenue and a significant thing would be to alleviate that particular problem. Mr. Macinnes: We could send a memo to the P.T.A. but I am not sure we would have 100 percent agreement. Mr. O'Connell: Can you get the parents not to drive into Brook- side Avenue and turn around? Mr. McSweeney: We suggested that they drop them off at Franklin where the crossing guard is. Mr. O'Connell: We should expect some cooperation from parents'. That seems to be the basic traffic complication. Mr. McSweeney: That point is well taken but 1 can't see any future in it; it is worth trying and you are only talking about the morning. If we can reduce the speed, we can control it at the intersection and improve the movement at Waltham Street. Chairman Kenney: We can move the traffic sign, fix the intersection as soon as possible, improve the sight problem by cutting the shrubbery, and approach Town Meeting with a sidewalk proposal. We will table the " matter of the crossing guard until next week. 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 reputation of a person or the financial interests of the Town. 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 et 12:15 p.m. A true record, Attest: Executive Clerk, Selectmen 1 61 STREET HEARINGS ON SUBDIVISION STREETS & CONSTRUCTION STREETS February 15, 1973 The Board of Selectmen held hearings in Cary Hall, Cary Memorial Build- ing, on Thursday, February 15, 1973, at 7:30 P.M. Chairman Kenney, Messrs. Brown, Buse, and Mrs. Riffin; Mr. William Martin, Asst. Town Engineer; Mr. Peter Chelpin, Traffic -Engineer; Mrs. Stringos and Mrs. Winsor, Clerks; were present. The Chairman declared the hearings open at 7:45 p.m., and explained that the hearings are held for the purpose of making and establishing lay- outs of streets to be presented for acceptance at the Annual Town Meeting; in March. Chairman Kenney, then went on to say he would read the "Notice of Intent" to layout streets and explained that there were four types of streets. 1. Subdivision Streets - Non -betterment streets 2. Betterment Streets Street 3. Reconstruction Hearings 4. Chapter 90 - No betterments; Certain percentage of money paid by State, County and Town. Chairman Kenney opened hearings on subdivision streets and explained that these streets have been constructed under the subdivision control law and that they are non -betterments streets. Hearing was declared open upon the proposed layout of Barrett Road from Worthen Road to end. No one appeared in favor or in opposition and the hearing was de- clared closed. Barrett Rd. Hearing was declared open upon the proposed layout of Bond Road from John Poulter John Poulter Road to end. Road No one appeared in favor or in opposition and the hearing was declared closed. Hearing was declared open upon the proposed layout of John poulter Road from Winthrop Road to Worthen Road. No one appeared in favor or in opposition and the hearing was declared closed. Hearing was declared open upon the proposed layout of.Wortherh Road from Waltham Street southeasterly for a distance of approximately 1053 feet. No one appeared in favor or in opposition and the hearing was de- clared closed. John Poulter Road Worthern Road 62 Selectmen's Hearing Streets February 15, 1973 Hearing was declared open upon the proposed layout of Vi les Road John from John Poulter Road to end. Poulter No one appeared in favor or in opposition and the hearing was Road declared closed. Next, Chairman Kenney opened the hearings on the Construction Streets; Grassland, Holland and Fern. Mr. Kenney stated that Grass- land Street was a betterment street and that all abutters will have to pay a portion. Grassland Hearing was declared open upon the proposed layout of Grassland Street Street from Payson Street to Valleyfield. Chairman Kenney asked if there were any questions. Resident of 70 Grassland Street was very concerned about condi- tion of street, and asked if not accepted this year would the Town fill it in. Chairman Kenney answered "no", said the Selectmen are not respon- sible but we are concerned with the condition of the street. We will try to get it in next year. Resident of 46 Grassland Street asked when they would know if street accepted. Chairman Kenney stated that final stages now being considered. Scheduled to vote on this at next Monday evenings' meeting. Chairman Kenney asked if anyone was in opposition. No response! Chairman Kenney: "l take it everyone is in favor?" All those present were in favor including Mr. and Mrs. Lawrence Edwards, 67 Delano Avenue, Revere, Massachusetts, making a total of seven. Mr. and Mrs. Edwards telephoned in to be recorded in "favor of," as they could not make the meeting. Mr. Edwards also stated that they would gladly pay any cost involved, Chairman Kenney asked if there were any further questions on this. There were no further discussions and hearing on Grassland Street was declared closed. Hearing was declared open upon the proposed layout of Holland Street Holland from Taft Avenue a distance of 200 feet more or less N.E. to the end. Street Chairman Kenney asked if there were any questions. No questions, and hearing on Holland Street was declared closed. 1 1 1 1 Selectmen's Hearing Streets February 15, 1973 Hearing was declared open upon the proposed alteration and reloca- tion of Fern Street, from westerly sideline of Pleasant Street a distance of 100 feet more or less southwesterly. Chairman Kenney asked if anybody had any questions. Resident of 13 Pleasant Street stated that Fern Street was a very narrow street, very heavily traveled, was a traffic hazard, and that the major problem was speeding. He said that his house abuts right to Fern Street and he is very concerned about accidents, and cars landing on his property. Chairman Kenney admits that it is a serious safety hazard. Says it has a narrow and limited egress. Have to stop, cannot go out without risking life. Mr. Kenney called on Mr. Martin, Assistant Town Engineer to comment on the situation. Mr. Martin stated that we plan on building retaining walls, and that the resident would not have to worry about cars coming onto his property. Mr. Martin also said the fact that people will have to take a right turn will slow them down considerably. Resident of 13 Pleasant Street stated that part of the hazard is that the rotary at Massachusetts Avenue is not designed to carry this traffic. Suggested that the rotary be "revised." Mr. Martin stated that one of the purposes for this improvement was to make the turn easier so that traffic would be handled more properly and safely. Mr. Martin asked Mr. Chalpin, the Traffic Engineer if he had any comments to add to this. Mr. Chalpin agreed that Pleasant Street and Massachusetts Avenue is a "high accident location," and that we would like to eliminate this problem. Chairman Kenney asked resident if he was in favor of this improve- ment. Resident stated that he was concerned for fear that the of his land would reduce the valuation of his property if he Chairman stated that we do not like to see you lose any on your property. reduction was to sell. valuation 64 Selectmen's Hearing Streets February 15,,1973 Resident of 13 Pleasant Street asked how far up street retaining wall will go. Mr. Martin, Assistant Town Engineer replied, "just beyond your patio." Resident of 13 Fern Street was recognized, and wanted to register his "opposition." Said these improvements are nothing but a "Stop -Gap Measure." He made three statements as to improvements. 1. Traffic on Massachusetts Avenue very serious problem. Why should Pleasant Street residents be subject to inadequate planning. 2. Consider making entrance to Pleasant Street (LEFT TURN ONLY). 3. Consider asking Wilson Farms to reduce their inlets and outlets to property. Chairman Kenney stated the only answer would be to turn this over to the Engineers and asked Mr. Martin if he thought it would help to speak. to Wilson Farms about their entrances. Mr. Kenney also stated that the intersection at Pleasant Street is inadequate and needs changing. Said the rotary is overloaded. Mr. Martin commented that it would be worth our while to look into this possibility and that it could help the traffic situation. Chairman Kenney asked Mr. Martin if we would ask Wilson Farms'to relocate their entrance. Mr. Martin says it could be done. Resident of 37 Moon Hill Road was recognized and wished to be registered in "favor" of this alteration and relocation of Fern Street. Chairman Kenney asked if any more questions r No questions, and hearing was declared closed on Fern Street. Chairman Kenney then closed hearing by saying that East Street a Chapter 90 Street is a three phase street which has been approved for the past three years. Phase One - From Lowell Street to Grant Street Phase Two - From East Street to Grant Street Phase Three - From Grant Street to Adams Street Chairman Kenney asked if there were any opinions, or any proposals. No questions, and hearing declared closed at 8:12 p.m. 1 SELECTMEN'S MEETING February 20, 1973 A regular meeting of the Board of Selectmen was held in the Select- men'S Meeting Room on Tuesday, February 20, 1973, 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/Engineering; Mrs. McCurdy, Executive Clerk, were present. Residents of Grassland Street met with the Board to request that the Board support the acceptance of Grassland Street and to vote to lay it out as a public way. After discussion, Chairman Kenney informed them that a decision would be made this evening. The residents retired from the meeting. Chairman Kenney read letters from the Planning Board recommending, in accordance with General Laws, Chapter 41, Section 81-1, that the following streets be laid out as public ways: Barrett Road, Bond Road, John Poulter Road, Vi les Road, Worthen Road, Grassland Street, and Holland Street. Also, the Planning Board recommended that the portion of Fern Street from the westerly sideline of Pleasant Street, a distance of 100 feet, more or less southwesterly, be 'altered and relocated. Upon motion duly made and seconded, it was voted to lay out the following streets: Subdivision Streets Barrett Road from Worthen Road to end. Bond Road from John Poulter Road to end. John Poulter Road to Winthrop Road to Worthen Road. Viles Road from John Poulter Road to end. Worthen Road from Waltham Street Southeasterly for a distance of approximately 1,053 feet. Betterment Streets Grassland Street from Payson Street to Valleyfield Street. Holland Street from Taft Avenue 200± ft. to end. Alteration and relocation of Fern Street from Westerly sideline of Pleasant Street 100± ft. Southwesterly. Chairman Kenney read a letter from Mrs. possible for the Cumberland Exchange Student Patriot's Day parade. The Board agreed to refer the letter to and to so inform Mrs. Larkin. A5 5 Grassland Street Vote to Lay Out Streets Larkin asking if it would be Cumberland Group to have a float in the Exchange Students the Town Celebrations Committee, 66 Selectmen's Meeting February 20, 1973 Chairman Kenney read a report from the Planning Board regarding the Route 2 Draft Environmental Impact Statement stating that the relocation of Route 2 itself will have minimal impact on the Town of Lexington. From where the reconstructed Route 2 presently terminates just westerly of Route 128 to the Lexington line, a few hundred feet of construction will be required, In addition to Route 2, the State DPW preliminary de- sign layouts for the extension of Route 2 indicate the construction of two feeder roads connecting Route 2 and Route 2A. The first is the relocated westbound Route 2A which would parallel Route 128 On the westerly side. The plan we have seen appears to be adequate to handle westbound Route 2A traffic, but no provision has been made for a similar road on the easterly side of Route 128 between Route 2 and Route 2A to serve eastbound Route 2A traffic. The second road is an extension of Massachusetts Avenue, from Route 2A to Route 2. Special consideration should be given to this road because the Minute Man Voca- tional School is being constructed adjacent to it. A regional facility this size will generate considerable vehicular trips during peak traffic hours at 7:00 a.m. to 8:00 a.m. and 2:30 p.m. to 3:30 p.m. The design of this road should reflect the peak traffic hour volumes created by this school. Regarding Route 128, it is the opinion of the Planning Board that. the plans for Route 2 should give further serious consideration and emphasis to additional improvements within Lexington directly affecting Route 2 Route 128. These include fringe parking, Hartwell Avenue Connector, Environ- Route 128 Service Roads, Extension of the Red Line, and Bedford Street mental Improvement. Statement Chairman Kenney read a memorandum from Selectman Brown, stating that in responding to Commissioner Campbell's request for Lexington's view on the Red Line extension to Route 128 and the impact of Route 2 on this plan, he would suggest that we inform him that the Board of Selectmen is very much concerned with the development of public trans- portation within the entire Northwest Corridor and is eager to find solutions to the region's transportation problems. The staff of the BTPR studied the extension of the MBTA Red Line to Route 128, and the effect of the relocation of Route 2 on a new station at Route 128. An interesting conclusion has been reached from a ridership standpoint. With the present road pattern serving Routes 2 and 128 in Lexington, the BTPR staff estimates a Route 128 Station would serve 3,500 people per day. This fact would make it highly unlikely that the extension would be constructed beyond Arlington Center. The cost per commuter trip would be too high. However, should Route 2 be relocated as pro- posed with its system of access roads, the Route 128 Station would be much more convenient and ridership could jump to 6,000 -plus per day. This would be much more attractive to those making policy decisions regarding an extension of the Red Line to Route 128. 1 1 Selectmen's Meeting February 20, 1973 Since we have not seen any detailed plans or reports on a Red Line extension into Lexington, we cannot discuss this in detail, but we give our full support to the extension to Arlington Heights, and to the Commuter Rail Improvement Program. Insofar as the relocation 6f Route 2A and the extension of Massachusetts Avenue to Route 2 makes more fea- sible the extension of the Red Line to Route 128 in Lexington, we view these as improvements. The Board agreed to write to Commissioner Campbell of the State Department of Public Works and enclose copies of the Planning Board's report and Selectman Brown's recommendations. Also, to express support of the Hartwell Avenue Connector to Route 128 which is in the prelim- inary design stage. Chairman Kenney read a report from the Director of Public Works/ Engineering regarding the request of Varian Vacuum, 121 Hartwell Avenue, for a sewer extension. The report states that Varian Vacuum indicated their willingness to absorb all costs for the extension of sewer to their lot, which was approved by the Board of Selectmen, and Varian Vacuum posted a check for $9,500, which amount is.subject to revision upon completion of a final engineer's estimate. It is our recommenda- tion that the betterment be applied to the construction costs as a credit, due to the fact that this sewer extension will be at no cost to the Town. However, in order for this sewer to be legal, the betterment must be paid. It is for this reason that we show the cost breakdown with the betterment listed as a credit. We have now completed the final estimate and request approval of the following: Adjusted total, final engineer's estimate $11,002.00 Previous charge (for service extension to lot) + 189.00 Total - All construction costs 11,191.00 Sewer betterment to be paid - 4,080.81 Construction balance due 7,110.19 Amount paid on account $9,500.00 .Betterment to be paid - 4,080.81 Credit balance 5,419.19 Balance due to Town - 5,419.19 1,691.00 Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering regarding Varian Vacuum, 121 Hartwell Avenue, according to the above cost break- down. Chairman Kenney read a letter from the Estabrook School PTA volunteering services on Town Election Day to assist in making Estabrook School a safe and convenient polling place. The Board agreed to reply that if they would like to have observers at the location on Election Day the Board would encourage the idea. Varian Vacuum Sewer Ext. 68 North St. Guard Rail Mark Moore Article Selectmen's Meeting February 20, 1973 Chairman Kenney read a letter from Mrs. Barrows, stating her concern about the lack of a guard rail on between Lowell and Adams Streets. Upon motion duly made and seconded, it was voted quest to the Traffic Committee for recommendation. 168 North Street, North Street to refer the re - Mr. Charles Spaulding of Spaulding & Slye•met with the Board to discuss a $10 million condominium proposal at Bedford Street and Hartwell Avenue. The first proposal calls for rezoning 62.5 acres of the Drummer Boy subdivision off Bedford Street next to Route 128 interchange and next to the Lexington Tennis and Swim Club, bordered by a 20 -acre Town -owned conservation parcel. The second proposal involves an II -acre site on Bedford Street behind the Lexington Lumber Corporation near Carol Lane 89 and Brigham. Road. The price of units will start at $29,500 to $59,500. The Board thanked Mr. Spaulding for his presentation and he re- tired from the meeting. Executive Session Bedford V.A. Hospi- tal Lexington Mater Supply 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 e person. After discussion of matters of transportation within the Town, it was voted to go out of Executive Session and resume the open meeting. Chairman Kenney read a letter from Chairman Barton of the Bedford Board of Selectmen regarding the water supply of the Veterans' Hospital in Bedford. The letter states that the hospital purchased water from Bedford until about 1935, when a series of hot, dry summers made Bedford's water supply inadequate; so the hospital located and devel- oped two wells in Lexington near the branching of the railroad to Hanscom Field. Later, these wells became inadequate and by a Special Act of the Legislature, the hospital arranged for M.D.C. to supply additional water to Lexington who, in turn, would seta water'.+to the hospital. The water is metered in Lexington and passes through a relatively short connection to the pipe line that carries water from the wells along the railroad track to the hospital. We understand that the pipe between Lexington and the hospital was of steel rather than cast iron and is increasingly suffering failures that the hospi- tal is ill-equipped to handle. If the hospital were to turn its wells and pipe lines over to Bedford and purchase water from Bedford, the failures of its water line would no longer interrupt its water service. Bedford's Public Works Department is reasonably well equipped to handle water main failures and it has water mains of its own nearly parallel- ing the hospital's facilities. While Bedford is solving its own water supply problem, it could not safely pick up the hospital's requirements for water without also acquiring its water supply capability. At the Selectmen's Meeting February 20, 1973 suggestion of M.D.C., the Selectmen propose to ask the voters at our next annual meeting to authorize the Selectmen to request the special legis- lation necessary to put into effect all or part of the arrangements outlined above. We understand that M.D.C. has no objection to our proposal and we trust that Lexington would be as willing to sell water to Bedford as to the hospital. A report from the Director of Public Works/Engineering was read stating that Lexington presently has contracts for supplying water to the government installation at Hanscom Air Base and Raytheon Company. There are a number of items that would have to be talked over regarding Bedford's proposal, such as, rates, contract, engineering, and equip- ment costs, and I suggest that we have a meeting with Bedford in order to receive a clear understanding as to what this sale of water entails. The Board agreed to inform the Town of Bedford that Lexington is willing to be as cooperative as possible but a meeting must be held by the Bedford and Lexington Public Works Directors in order to work out the details. Upon motion duly made and seconded, it was voted to approve the Constable bond of Constable John J. Shine, Jr., in the amount of $3,000. Bond Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's meetings of January 15, 1973 and February 1, 1973. Chairman Kenney informed the Board that he had requested Mr. McSweeney to set up an informational meeting on East Street and to invite abutters to attend on Monday, February 26, 1973, in Cary Hall. Minutes East St. Meeting Chairman Kenney read a letter from the Director of Public Works/ Engineering recommending that the Board approve the Whitman and Whitman & Howard proposal in an amount not to exceed $23,200 for engineering Howard -Hayes services on the Hayes Lane to Munroe Relief Sewer. Lane Sewer Upon motion duly made and seconded, it was voted to approve the Whitman & Howard proposal, dated August 30, 1972, in an amount not to exceed $23,200, for engineering services on the Hayes Lane to Munroe lie l i of Sewer. 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 11:20 p.m. A true record, Attest: Executive Session Executive Clerk, Select 7 0 Jurors Brook St. Pumping Station Repairs Contract 73-2-E Pancake Breakfast Hennessey Stable SELECTMEN'S MEETING February 26, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday evening, February 26, 1973 at 7:30 P.M. Chairman Kenney, Messrs. Busa and Brown, Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, six Dorothy K. Bennett Barbara A. McAllister William McGrath Daniel B. Brzezenski Alvin L. Schmertzler William A. Small Jurors were drawn as follows: 10 Baskin Road 105 Gleason Road 77 Hill Street 43 Robinson Road 23 Peacock Farm Road 6 Fairbanks Road Mr. O'Connell informed the Board that only one bid was received on February 22, 1973 for the repair of three sewage pumps at the Brook Street Pumping Station. He recommended that the contract be awarded to Hall Pump Sales and Service Corp., 56 Montvale Avenue, Stoneham.; Upon motion duly made and seconded, it was voted to award Contract 73-2-E for the repair of three sewage pumps at the Brook Street Pumping station to Hall Pump Sales and Service Corp. in the amount not to exceed $15,000 for all labor and materials, including transportation to Hall Pump Sales and Service Corp. The authority for this work is contained in Article 4 of the January, 1971 Special Town Meeting Warrant. Mr. O'Connell discussed the use of Cary Hall by the Rotary Club for the pancake breakfast on April 16. It has been mutually agreed they will try it for 1973 and if it works out and there are no problems on the use of the building, they would contemplate using it in 1974 and attempt to find out if it is available in 1975. Chairman Kenney read a letter from Dr. Bergmeyer, II Mountain Road, stating that he is interested in leasing the stable on the former Hennessey property in order to use it for his storage needs. If so, he would main- tain the building in the style it was originally built and not change the appearance in any way save for minor repairs. Mr. O'Connell: This location was discussed in connection with the dog kennel but there is a problem with snow removal. It is so remote from the Town that 1 wouldn't recommend that we use it to store anything in the stable. If Dr. Bergmeyer would assume the maintenance and the responsibility as part of the lease, we could consider it. Mr. Brown: Is Dr. Bergmeyer interested in buying it? 1 1 1 Selectmen's Meeting February 26, 1973 Mr. O'Connell: He was at one time. If he bought it, he would raise the question of Mountain Road and access. Mountain Road is an old Country Road and we consider it as part of the Town and not a public way. The Board agreed to write to Dr. Bergmeyer and inform him that a decision would not be made at thistime but consideration would be given to the possibility of leasing the stable to him. Chairman Kenney read a letter of complaint from Malcolm Smith, 10 Eldred Street, against the actions of the Dog Officer in luring his dog from private property and dragging her to his van. A report was read from the Leash Law Administrator stating that he had talked with Dog'Officer Belcastro and he was in the neighborhood because of several complaints concerning dogs running at large in the area and in packs. The Smith dog was on the sidewalk and was picked up at 8:30 a.m. on'February 6. The Board agreed to write to Mr. Smith and enclose a copy of the report stating that no one was attending the dog at the time the Dog Officer was patrolling the area. Also, to inform Mr. Smith that the Board feels that the Dog Officer acted in good faith and in conformance with his duties. Chairman Kenney read a notice from the Health Planning Council for Greater Boston, Inc. regarding a meeting on March 13, 1973 on Emergency Medical Services at the Choate Memorial Hospital. Mr. O'Connell agreed to make arrangements for Mr. Heustis and Fire Chief Spellman to attend. Chairman Kenney read a letter from Attorney Dean Nicholson of Lexington enclosing an application for transfer of liquor license from the Dunfey Corporation to Royal Coach, incorporated by way of statutory merger, which is to become effective as of February 28, 1973. Upon motion duly made and seconded, it was voted to approve the transfier of liquor license from the Dunfey Corporation to Royal Coach, Incorporated, and to make the necessary application to the Alcoholic Beverages Control Commission for approval. Chairman Kenney informed the Board that Mr. Busa has received a letter from Richard J. Milewski, 13 Pleasant Street, objecting to the proposal for the alteration and relocation of the intersection of Fern Street and Pleasant Street. Among other things, he felt that a traffic island at the intersection would interfere with the effectiveness of snow plowing during the winter months. The Board agreed to request the Traffic Committee to discuss the possibility of eliminating the traffic island. The Board agreed to write to the owners of Package Goods Stores and suggest they remain closed on Patriots' Day. Smith Dog Complaint Liquor License Transfer Royal Coach Fern St. Alteration April 19th Pkg. Goods Stores 72 Selectmen's Meeting February 26, 1973 - Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which if made public might adversely affect the public security, 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 8:45 p.m. A true record, Attest: Executive Clerk, Selectmen 1 1 SELECTMEN'S MEETING March 5, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, March 5, 1973, at 7:30 p.m. Chairman Kenney, Messrs. Busa and Brown, Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell read a letter from Eric T. Clarke, Clerk of Six Moon Hill, Inc. recommending that the yellow center line be extended from the head of Fern Street and Moon Hill Road; also, that a tree stump and rocks be removed from the northerly side of Fern Street. Upon motion duly made and seconded, it was voted to refer the matter to the Director of Public Works for his recommendations. Dr, Donald Taylor met with the Board to discuss House Bill 2814 which requests legislation to permit access to land in Burlington for industrial purposes. Dr. Taylor asked for a statement from the Board opposing the bill, which is scheduled for hearing on March 21 at the State House. The Board agreed that Mrs. Riffin and Mr. Brown would attend the hear- ing at the State House on March 21 and present a statement that the Board strongly and unanimously opposes House Bill 2814 which would authorize and direct the Massachusetts Department of Public Works to permit construc- tion of a bridge, tunnel, or otherwise provide access to connect land in the Town of Burlington lying on the westerly side of the new Route 3 With the land lying on the easterly side of Rpute 3. The three major objections are: 1. Traffic: The additional traffic which would be generated by indus- trial development of the 250 acres in question, would add an impossible burden to the presently overburdened Middlesex Turnpike (Lowell Street). This situation would also necessitate the redesign and widening of Hancock Street and Adams Street, two narrow residen- tial collectors which are already inundated with traffic generated by the Burlington Mall and adjacent commercial enterprises. 2. lncomDatible Land Use: All of the Lexington land which abuts the 250 acre Burlington tract is zoned for single family residences. An overwhelming majority (141-28) of the Town Meeting Members of Lexington voted $35,000 on June 14, 1971 to acquire a strip along the Lexington -Burlington Town Line for conservation purposes in an attempt to protect the residential character of this section of the Town. We urge you to support our effort to protect our resi- dents from the detrimental effects which must surely result from intensive development of the adjacent industrially zoned land. 73 Fern St. B28'14 Lexington Burlington Bedford Land I.D. Cards Sign Selectmen's Meeting March 5, 1973 3. Reaional Impact: Industrial development of this 250 acre tract will seriously effect three communities -Bedford, Burlington, and Lexington -two major highways -Routes 3 and 128 -many heavily traveled local arterial and collector streets, many people and the quality of their residential environment. At the present time, a considerable amount of new construction is scheduled for land which is both accessible and available; construction of the Lahey Clinic, a large motel, and a second mall will intensify problems already generated by the Burlington Mall and the adja- cent commercial areas. We respectfully request a moratorium on any approvals which would further compound this extensive inventory of present and foreseeable problems. We urge a negative report on H28I4. Chairman Kenney informed the Board that fifteen requests for Liquor Identification cards have been received now that residents of 18 years of age became eligible on March 1 to purchase liquor. The Board agreed that in the future a photograph should be affixed to the card, and Mr. O'Connell is to look into the possibility of having the card plasticized. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification cards for the following: Edward A. Cooper Denise C. Haywood Anne Richards Sandra Van Alstine Barry W.J: Rose Alfred Iodice, Jr. Enrique E. Ryan Helen Taylor Deborah Ellen Forten Thomas Kasey Katherine M. Healey Charles Savage Theodore J. Lanman Susan P. Butler Denise M. Noel 14 Oakland Street 653 Lowell Street 32 Sherburne Road 466 Lowell Street 8 Blossomcrest Road 63 Winter Street 74 Blossomcrest Road 176 Woburn Street 388 Concord Avenue 143 Maple Street I Spencer Street 1 Payson Street 3 Whitman Circle 35 Meriam Street 92 Bedford Street Chairman Kenney read a request from the Franklin School PTA Fair Committee for permission to place a sign on a telephone pole at Waltham and Allen Streets to advertise the fair which is to be held from May 5 to May 12, 1973. The Board had no objection but agreed to point out that the Tele- phone Company owns the pole. 1 1 Selectmen's Meeting March 5, 1973 Chairman Kenney read a request from Police Chief Corr for appointments of Special Policemen. Upon motion duly made and seconded, it was voted to appoint the following as Special Policemen for terms expiring March 31, 1974. ACHESON, Eugene A. ADAMS, Adam A. ADAMS, Alan G. ADAMS, Bertram H. Jr. BAILEY, Fi'.ed C. BALLOU, Sidney R. BARNES, Raymond B. BARRETT, Elliott J. BARRY, George C. BARRY, John M. BELCASTRO, Francis BELCASTRO, Frank BENTLEY, Thomas F. BERNIER, Arthur T. BLUTEAU, Joseph BROWN, Otis S. Jr. BROWN, Sanborn C. BRUCCHI, John W. BUSA, Alfred S. BUSA, William A. CARLSON, Norman C. CASEY, William P. CATALDO, James CATALDO, Robert COLE, Lincoln P. CORR, Steven A. CORR, James F. 111 CONNOLLY, Charles E. Jr. CORAZZINI, Richard M. COSTELLO, Thomas F. DeFELICE, Dominic J. DELFINO, Nicholas J. DOOLEY, Henry W. DOUGHTY, George Jr. DRISCOLL, Robert V. SPECIAL POLICE OFFICERS Expiring 2634 23 15 127 March 31, 1974 Massachusetts Ave. Charles St. Somerset Rd. Wyoming Ave. Malden 48 Coolidge Ave. 38 Highland Ave. 59 Gleason Rd. 23 Minuteman Lane 36 Forest St. 34 Forest St. 174 Wood St. Past Office -Box 332 264 South Rd., Bedford 54 Baskin Rd. 21A Flint St., Somerville 3 Bond Rd. :37 Maple St. 2 Saran Ave., Bedford 38 Circle Rd. 38 Circle Rd. 329 Marrett Rd. 1063 Massachusetts Ave. 43 Rindge Ave. 1970 Massachusetts Ave. 16 Hill St. 8 Park St. 8 Park St. 67 Cedar St. 40 Philip Rd. 36 Alien St. 17 Larchmont Lane 1 Forest St., Stoneham 77 Baker Ave. 75 Paul Revere Rd. 30 N. Broadway, Haverhill Resident Resident Resident M.I.T. Lincoln Lab Selectman Resident Resident Resident Resident Resident Firefighter Dog Officer Custodian Resident School Dept. Resident Selectman Firefighter Selectman Resident - Special Police Police Cadet School Dept. Firefighter Resident State Representative Police Cadet Resident Resident Police Cadet Resident Resident School Dept. Resident School Dept. M.I.T. Lincoln Lab Selectmen's Meeting EMERY, Alan ERNST, Karl FREEMAN, George GALLAGHER, Edward T. GILMAN, Edward M. GOULART, Edward G. GILMAN, Philip GRENIER, Louis HADLEY, Herbert R. HAM, Richard W. Jr. HORSMAN, John T. HRUBY, Albert W. HURD, Richard G. JACKSON, Lee 8. JEFFERSON, Charles E. JONES, Cecil JONES, Leonard N. 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 MERCER, Charles R. MICHELSON, Richard MULLER, Eugene T. MULLER, Leonard MALONEY, John W. MALONEY, William E., Jr. NUTT, Alfred O'CONNELL, Walter C. O'LEARY, Joseph R. ORMISTON, Wallace W. 441 Lowell St 37 Eldred St. 13 Grant St., Concord 8 Spring Lane, Maynard 56 Bloomfield St. 6 Riddge Terr., Cambridge 129 Burlington St. 147 Maple Street 6 Fern St., Chelmsford 7 Roosevelt Rd., 22 White St., Ipswich 36 Williams Rd. 12 Loring Ave., Maynard 62 8 36 71 49 54 10 16 Bow St. Alcott Rd. Woburn St. Lowell St. Earle St. Ward St. Frost Rd. Dane Rd. 9 Spring St. 110 Woburn St. 20 Wilson Rd. 5 Hillside Terr. 62 Elm St. Bedford 99 Cedar St., Braintree 6 Park St. 54 Asbury St. 24 Ewe l l Ave. 19 Fairbanks Rd. 157 Emerson Rd. 59 Albemarle Ave. 45A Ridge Rd. 57 Emerson 171 Lincoln 38 Charles Gardens 5t. St. March 5, 1973 Firefighter Resident Police Employee M.I.T. Lincoln Lab Firefighter M.I.T. Lincoln Lab Resident Custodian M.I.T.'Lincoln Lab Police Cadet M.I.T. Lincoln Lab Resident M.I.T: Lincoln Lab Police Employee Civil Defense Civil Defense Town Employee Town'Employee Firefighter Selectman Resident Resident Firefighter Park Supt. Firefighter Cary Library Dir. Pub. Wks. Resident Resident Firefighter Firefighter Citizen Citizen School Dept. Town Manager Police Cadet School Dept. Selectmen's Meeting PEKINS, George PEZZULO, Michael PRESCOTT, Robert REDMOND, James F. RIFFIN, Natalie ROONEY, Joseph O. RUSCAK, Richard RUSSELL, James F. RYDER, Howard D. SAMUEL, Frank T., Jr. SAUNDERS, Robert W. SMITH, Howard A. SPELLMAN, Walter SPIERS, William J. Jr. STEVENS, Edward P. STEVENS, Raymond STUCKE, Alden F. SULLIVAN, Thomas SWAN, Duncan F. SWEET, Frederick TOTMAN, Frank H., Jr. TRANI, Joseph A. WEISINGER, Wallace WENHAM, Thomas WHITING, William WRIGHT, Glenn 17 March 5, 1973 28 Chase Ave. 247 Marrett Rd. 2 Forest St. 9 Utica St. 6 Field Rd. 222 Waltham St. 23 Copeland St., Waltham 209 Nahant Rd., Nahant 2 Wi 1 son Rd. 8 Burnham Rd. 295 Marrett Rd. 16 Childs Rd. 269 Massachusetts Ave. 185 Lowell St. 4 Chandler St., Salem Treble Cove Rd. Billerica 31 Hancock St. 17 Curve St. 24 Bedford St. 133 Russell 5t., Waltham 46 Moreland Ave. 11 Slocum Rd. 193 Bedford St. 1 Francis Rd. 341 Lowell St. 67 Simonds Rd., Firefighter School Dept. Resident Firefighter Se l ect woman Resident Police Cadet M.1.T. Lincoln Lab M.I.T. Lincoln Lab Resident Resident Resident Fire Chief M.I.T. Lincoln Lab School Dept. Sdhool Dept. Resident School Dept. School Dept. Custodian Resident Resident Resident Town Employee Firefighter Resident Mr. Kingston Howard and members of the Bicentennial Committee met with the Board to discuss the Articles for the necessary funds for 1975. Mr. Howard: Of the total $I00,000.requested, last year we received $10,000. We strongly feel that $50,000 is an appropriate amount to seek Bicentennial this year and we are looking to the Selectmen to back this request. Committee Chairman Kenney: Policy -wise we support the concept of the Bicen- tennial celebration but I urge you to take concrete steps to obtain federal or private funding. This support is not to be considered support of the line-by—line items. In view of the problems we are having with the tax rate, we might be inclined to support $25,000, Mr. O'Connell: My recommendation to the Board is other than, perhaps, a token amount indicating Town Meeting support. Any further expenditure should be delayed for 1974-1975 - to ask Town Meeting to appropriate money for 1975 expenditure would be making the task more difficult. 78. Selectmen's Meeting March 5, 1973 Chairman Kenney: This has been an extreme year, and we want an Article that will be passed. Meet with the Appropriation Committee and we can talk about the figure. The Selectmen .:d11 support you on a sufficient amount to go to Town Meeting and have them support it. The Bicentennial Committee retired from the meeting. Dr. Kessler and the Conservation Commission met with the Board. Dr. Kessler: Last fall when we met with you and all concerned Boards, we were in total agreement as to the various needs of the Conservation Com- mission regarding the upcoming Hatch Act hearings. We need a field inspection before and after the hearing, and we understand that this would not necessarily have to be done by a trained Engineer. We also agreed at' that time we needed in-house engineering help. We were all reminded that the Conservation Commission was not indemnified, and we were making deci- sions that were critical, and were open to suit by angry citizens. We are a lay Board and could not make these decisions without getting professional help; we need legal help and administrative help. Chairman Kenney: The Town Manager is the chief administrative officer who takes into account the needs of the Conservation Commission, Board of Health, etc. He is the one that would fulfill the requirements of the Conservation Commission. Nothing has been really finalized because we have been cutting the budget and we are close to a working agreement with the !Conserve- Appropriation Committee. On the major requirements, you are covered. 'tion Dr. Kessler: I find it difficult to see how anybody who has been to Committee a Hatch Act hearing can possibly ask us to wait. It is my neck that is out. Chairman Kenney: I repeat, this Town is under the Town Manager. Dr. Kessler: Our autonomy is being threatened. We need moral support from the Town. We have adequate representation from David Hughes, but none from the Engineering Department. There is a man in the Engineering Depart- ment who has a knowledge of field inspection and he could be employed full time for inspection of sewers and helping with the Hatch Act inspections. He has a car so it would not cost the Town more money. I also found that the Engineering Department spends some money for contractural services and if $10,000 were appropriated under Article 4 for a Grade 3 Engineer he could be used on jobs on which the Town spends funds for contractural services and also serve as professional in-service advisor to the Conserva- tion Commission. Mr. O'Connell: To add another person in -the Engineering Department was rejected by the Board and the Town Manager for good and sufficient reasons. Direct arrangements between the Conservation Commission and the Engineering Department are out of the question. Dr. Kessler: We are still undermanned by one person and I would strongly recommend that one of the two people we recommend be appointed to the Commission. Selectmen's Meeting March 5, 1973 Chairman Kenney: The Town Manager has attempted to broaden the exper- tise of the Commission. These people are of the same type that are already on the Commission. Dr. Kessler: Conservationists should be appointed to the Conservation Commission. Chairman Kenney: I would again point out that appointments are made by the Town Manager because of expertise. We will take under advisement your request regarding the Engineering Department assistance. The Conservation Commission retired from the meeting. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting of January 15, 1973. The Chairman Informed the Board that a Traffic Officer will be on duty Brookside Avenue to take care of the Clarke Junior High School students. he functions well, we will keep him there. Upon motion duly made and seconded, it was voted to hold adjourned sessions of Town Meeting on Monday and Wednesday evenings. Chairman Kenney read a letter from the'State Department of Public Works stating that it is the intention to install signs on March 19, 1973 for right turns for traffic exiting from Eldred Street onto Bedford Street between the hours of 7:00 a.m. and 9:00 a.m., and from 4:00 p.m. to 6:00 p.m. Also that it will be necessary to change the traffic control signal lenses at Hartwell Avenue for the revised traffic pattern to permit left turns from the jughandle to Bedford Street. The Board agreed to send a copy of the letter to Chief Corr; also:; to advertise the changes in the newspaper. 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. at If Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: Exe utive Clerk, Selectmen 79 Minutes Clarke Jr. Traffic Officer Town Meeting Bedford & Eldred Sts. Right Turn Executive Session SO Organization of the Board Reappoint- ment Town Manager S1439 Zoning Enabling Act SELECTMEN'S MEETING March 12, 1973 A regular meeting of the Board of men's Meeting Room on Monday, March 12 Kenney, Messrs. Bailey and Brown, Mrs. Manager; Mr. Cohen, Town Counsel; Mrs. present. Selectmen was held in the Select- , 1973, at 7:30 p.m. Chairman Riffin; Mr. O'Connell, Town McCurdy, Executive Clerk, were 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. Mr. Allan F. Kenney was nominated and the nomination seconded. There were no other nominations. Upon motion duly made and seconded, nominations were closed. Upon motion duly made and seconded, Mr. Allan F. Kenney was unanimously elected Chairman of the Board of Selectmen for the ensuing year. Chairman Kenney requested a vote of the Board for the reappoint- ment of Mr. Walter C. O'Connell as Town Manager. Upon motion duly made and seconded, it was voted to reappoint Mr. Walter C. O'Connell as Town Manager, in accordance with the terms of the Selectmen -Town Manager Act. Chairman Kenney read the following statement: "By this vote, the Board is expressing its confidence in the work of Walter C. O'Connell by reappointing him as Town Manager because the Board feels a great deal of progress has been made in the past three years during this difficult transitional period in our local government. This appointment is in accordance with the terms of the Selectmen -Town Manager Act whereby he serves at the pleasure of the Board but, in no case, longer than the maximum term specified in the Act. The Board and the Town Manager are acutely aware of some of the current areas of difficulty relative to the smooth functioning of Town government. The Board and the Town Manager are, therefore, in the process of evaluating their roles and will be consulting with each other and other boards and committees in this effort to improve the effectiveness of the implementation of the Selectmen -Town Manager form of government in Lexington." Mr. O'Connell expressed his appreciation for the Board's confi- dence in him. Mr. O'Connell informed the Board of hearings scheduled for next week by the joint Committee on Urban Affairs on 51439. On March 15, a bill will be presented seeking to amend certain procedures of the Board of Appeals. On March 20, Senate Bill 1439 will be heard; this 1 Selectmen's Meeting March 12, 1973 seeks to change the present requirement of 8 two-thirds majority vote for re -zoning to a simple majority. This is the same bill which was presented last year as House Bill 5009 and was sent back for review. Chairman Kenney: As l understand it, the Board would be opposed to changing to a simple majority rather than a two-thirds majority vote. Mr. O'Connell: Last year, the Planning Board's position was favorable. The Board agreed that the Planning Director could attend the hearings and report back with further information. Chairman Kenney read a report from the Director of Public Works/ Engineering stating that as a result of the request from residents of Fairfield Drive and Brookwood Road, he had been:requested by the Board to submit his recommendations on the installation of Town and Country street lights in that area. After review, he found that their luminaire and standard do not provide sufficient footcandles and good quality lighting per unit to meet our current lighting policy for public ways. Therefore, the Boston Edison approved Contemporary Street Light is not recommended for general use because it does not meet the required standards for roadway safety in a public way, both for pedestrians and vehicular traffic. Upon motion dulymade and seconded, it was voted to instruct the Director of Public Works/Engineering to make arrangements to install standard street lights on Fairfield Drive and Brookwood Road in the same manner as other streets in;the Town. Mr. McSweeney was requested to contact the Boston Edison Company and inform them of the above vote and to request that the installa- tion of standard street lights be taken care of as soon as possible. The Board discussed the intersection of Bedford Street and Eldred Street. The Town has been informed that mandatory Right:Turn signs have been received by the State DPW and will be installed on March 19; left turns from the jughandle to Bedford Street will be permitted as a result of the revised traffic pattern. Following a 30 -day trial period, the matter will again be discussed with the State DPW. Chairman Kenney read a request from the President of the Kiwanis Club for the Knights of Columbus to extend hours of operation on April 13, 1973. Upon motion duly made and seconded, it was voted to grant permis- sion to the Knights of Columbus to extend the hours of operation under their Club liquor license on Friday, April 13, 1973 to 1:00 a.m. Chairman Kenney read a request from the Elks Lodge 02204 for hours of operation on Patriots' Day, April 16, 1973, under their Club liquor license, for 1:00 p.m. to 12:00 Midnight. 81 Street Lights Fairfield 8 Brookwood Road Traffic Bedford S Eldred Sts. K of C Extension of Hours Elks Lodge Holiday Hours 82 Lexington Golf Club Selectmen's Meeting March 12, 1973 Upon motion duly made and seconded, it was voted to grant permis- sion to the Elks Lodge 02204 far hours of operation on Patriots' Day, April 16, 1973, for 1:00 p.m. to 12:00 Midnight. Chairman Kenney informed the Board that the Lexington Golf Club has made application for renewal of their Club liquor license. Upon motion duly made and seconded, it wasvoted to sign the Club liquor license to the Lexington Golf Club, with the following hours of operation: Monday through Thursday: 11:30 a.m. to 6:00 p.m. Friday and Saturday: 11:30 a.m. to 10:00 p.m. Sundays 1:00 p.m. to 10:00 p.m. Holidays by special permission of the Board Chairman Kenney read a letter from Charles H. Spaulding, Presi- Spaulding & dent of Spaulding and Slye Housing Associates, offering the Town Slye Bedford an expense -free option to study the Bedford Street property and to Street prepare a plan of development best representing community needs. The Board agreedto discuss the matter with the Planning Board. Water Abatements Ambulance Abatements Minutes Sheraton Lexington Liquor License Chairman Kenney read a request from the Director of Public Works for water abatements. Upon motion duly made and seconded, it was voted to sign water abatements for the following: Pasquale Luongo Buckman Drive $ 8.75 Water off -meter taken out Frank Hazel 4 Mason St. 70.98 Wrong reading by owner Chairman Kenney read a request from the Tax Collector for abate- ment of 1971-1972 uncollectable ambulance bills. Upon motion duly made and seconded, it was voted to sign abate- ment of 1971-1972 uncollectable ambulance bills, as submitted by the Tax Collector. Upon motion duly made and seconded, it was vetoed to approve the minutes of the Selectmen's meeting of January 22, 1973. Chairman Kenney informed the Board that application has been received for the transfer of liquor license of the Sheraton -Lexington Motor Inn from the Dunfey Corporation to the Dunfey Family Corporation by way of statutory merger. The Board agreed that Mr. Cohen is to talk with the attorney for the applicant, Mr. Nicholson, and come back to the Board. 1 1 Selectmen's Meeting March 12, 1973 Application has been received from the Sheraton -Lexington Motor Inn for renewal of the Entertainment license for 1973. Upon motion duly made and seconded, it was voted to sign the Entertainment license for the Sheraton -Lexington Motor Inn, expiring December 31, 1973, fee of $5.00, for entertainment to range from single performers to full orchestra playing music in both traditional and contemporary styles; 6 Day license -Sundays excluded. Chairman Kenney informed the Board that eight applications for Liquor Identification cards have been received. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identifications cards for the following: Ronald Allen Jones Benjamin D. Lawhorn Carol Dyke Renee O'Neil Peter Kent ,'.Arlene Coates Patricia L. Churchill Carolyn S. Rice 15 Bates Road 98 Spring 'Street 17 Minuteman Lane 173 Waltham Street 12 Hudson Road 31 Pine Knoll Road 35 Brandon Street 12 Sylvia Street Mr. Cohen requested the Board to sign an amendment to the contract for financial assistance for the Clarke Junior High School involving the increase from $800,000 to $850,000. Upon motion duly made and seconded, it was voted to sign the amended contract for financial assistance for the Clarke Junior High School from $800,000 to $850,000. Chairman Kenney informed the Board that the contract for the re- pair of sewage pumps at the Brook Street Pumping Station, awarded by the Board on February 26, 1973, is ready for signature. Upon motion duly made and seconded, it was voted to sign Contract 73-2-E awarded to Hall Pump Sales and Service Corp., 56 Montvale Avenue Stoneham, in an amount not to exceed $15,000 for all labor and material including transportation to Hall Pump Sales and Service Corp., as authorized under Article 4 of the January „ 1971 Special Town Meeting. Chairman Kenney read a letter from the Conservation Commission regarding the acquisition of the Baldwin land on Concord Avenue. The letter states that the Commission has received authorization from the Department of Natural Resources to proceed with acquisition and the Commission requests that:the parcel be taken by eminent domain for $92,000. The owner of the 24.83 acre parcel is the Florence Baldwin Trust, Althea B. Sadder, Trustee, 3 Kensignton Avenue, Woburn, Massachusetts. Entertain- ment Lic. Sheraton - Lexington Liquor I.D. Cards Clarke Jr. High Financial Assistance Contract 73-2-E Brook St. Pumping Ste. S, Conservation Commission Baldwin Land 84 Selectmen's Meeting March 12, 1973 Upon motion duly Made and seconded, it was voted to instruct Town Counsel to prepare the necessary papers to take by eminent domain the land of Baldwin Trust, Lot 96A, Map II, as authorized under Article 79 of the 1970 Annual Town Meeting and Article 57 of the 1972 Annual Town Meeting, in the amount of $92,000. Chairman Kenney read a report from the Chairman of the Traffic Committee in response to a request from Mrs. June Woodland, 15 Hibbert Parking Street, for parking ban on Hibbert Street from 8:00 a.m. to 5:00 p.m. Hibbert St. The report states that the Police Department investigated the complaint and the Traffic Committee determined that no problem existed and there was no basis for the complaint. The Board agreed to so inform Mrs. Woodland. Mr. G. Warren Butters and Mr. Roland B. Greeley of the Historical Society met with the Board to discuss the repairs to Buckman Tavern. Mr. Butters: There has been some confusion and misunderstanding between restoration and reconstruction; a lot of people think it is to be restored to its original form,.but this was done in 1920. Re- construction of a repair nature is what is now being undertaken. Instead of $100,000, it looks like $120,000 is the best professional Buckman figure to use now. Tavern Mr. Cohen: We had a meeting with Mr. Muirhead and he brought Repairs some plans andspecifications and there are some things he would want to put in the contract. It developed there might be some sub- contracting that might be more than $1,000. They have to be adver- tised but, first, the specifications. have to be drawn up. I talked with Mr. Furash and Mr. Perry, and I don't know what the Appropriation Committee will decide. I asked Mr. Muirhead for a firm figure and he thought the $112,000 to $120,000 was firm and realistic but 1 don't know about meeting a deadline to appropriate money on that basis without a firm bid. Mr. O'Connell: As I understand it, $120,000 would cover all the remaining costs. Chairman Kenney: The Tavern would be reconstructed from a structural viewpoint for the next 30 or 40 years? Mr. Butters: Yes. Mr. Greeley: Anything that is to be done will be originally authentic. Mr. Bailey: We take the position we support $120,00 appropria- tion even though bids aren't in hand, The Board agreed. Mr. Butters and Mr. Greeley thanked the Board members and the Town Manager. Before they retired from the meeting, permission was given to store some of the Buckman Tavern supplies in the Visitors Center. Seilebtmen's Meeting March 12, 1973 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 11:20 p.m. A true record, Attest: Executive Clerk, Selectmen 85 Executive Session 86 Conservation Commission Appointments Hartwell Park Subdivision Sewer Request Article 92 SELECTMEN'S MEETING March 19, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, March 19, 1973, at 7:00 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell informed the Board that he had received a request for the location of a sign for three days advertising the performance of the Boston Ballet. He had suggested that the sign be located in front of Cary Hall on the lawn. The Board had no objection. Mr. O'Connell discussed the membership of the Conservation Com- mission. He asked for the Board's opinion on the reappointment of Dr. Howard Kessler for a second term. Also, he recommended that Manfred Friedman be appointed as a member to fill the unexpired term of Wendy Pease. The Conservation Commission has agreed to phase out the Associate Membership, and Mr. Friedman has resigned as an Associate Member. On that basis, he was willing to nominate Mr. Friedman as a member for one year. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to appoint Dr. Howard Kessler a member of the Conservation Commission for a second term, effective immediately and expiring in April, 1976. Upon motion duly made and seconded, it was voted to appoint Manfred Friedman a member of the Conservation Commission to fill the unexpired term of Wendy Pease, effective immediately and expiring in April, 1974. Chairman Kenney read a request from the Planning Board for the construction of a sewer on Hartwell Avenue, and the cost is to be borne by the developer of Hartwell Park Subdivision. Upon motion duly made and seconded, it was voted to refer the matter to the Director of Public Works/Engineering for a recommenda- tion. Chairman Kenney read a request from Rev. Michael F. Groden, Director of the Archdiocese of Boston Planning Office for Urban Affairs, for a meeting with the Board to explain Article 92 -rezoning of site for subsidized housing on Worthen Road at St. Brigid's parking lot. Mr. Buse said that he would not support the Article. It was agreed to inform Rev. Groden that a majority of the Board supports Article 92:. 87 Selectmen's Meeting March 19, 1973 The Board discussed recommendations received from the Traffic Com- mittee regarding the request from Six Moon Hill, Inc., for traffic improvements on Fern Street. It was agreed to instruct the Director of Public Works/Engineering to incorporate the following improvements in the 1973 Traffic and High- way Maintenance Program: 1. Extend the yellow line from the head of Fern Street to Fern St;:: Moon Hill Road. 2. Remove obstacles on the northerly side of Fern Street beyond House #21. The Board is to write to Six Moon Hill, Inc., and inform them of the improvements to be made. Upon motion duly made and seconded, it was voted to approve the Bond bond for Mary R. McDonough, Town Clerk, in the amount of $2,900. Town Clk. Chairman Kenney read a request from the USS Lexington CV -2 Minuteman Club for the use of the Green. Permit Upon motion duly made and seconded, it was voted to grant per- USS Lex. mission to the USS Lexington CV -2 Minuteman Club to use the Green for a memorial service on Sunday, May 6, 1973, at 2:00 p.m. Chairman Kenney informed the Board that an application has been received from Bora-Bora, Inc., for an All Alcoholic Beverages Common Victualler license. A plan of the restaurant and a certified check for $2,500 have been submitted with the application. After discussion of the plan, it was agreed to request the owners of Bora-Bora, Inc. to submit a detailed plan showing the re- quired 99 seats. Upon motion duly made and seconded, it was voted to table the application from Bora-Bora, Inc., pending receipt of a more detailed plan. Chairman Kenney read a recommendation from the Traffic Committee regarding the installation of 260 feet of guard rail on North Street, as requested by Mrs. Barbara Barrows of North Street. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works/Engineering to make arrangements to install 260 feet of guard rail on the northerly side of North Street. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification cards for the following: John Wade Rockwood Nancy Ellen Hilferty Gregory 0. Balon 14 Demar Road 33 Shirley Street 130 Crescent Hill Avenue Bora-Bora, Inc. North St. Guard Rail I.D. Cards 88 Water Abatement Auctioneer's License CATV _Committee Youth Booklet Centra 1 Fire Station Addition Bids Selectmen's Meeting March 19, 1973 Upon motion duly made and seconded, it was voted to grant the request of the Director of Public Works for water abatement for Robert Bingswanger, 3 Linmoor Terrace, in the amount of $74.55. Upon motion duly made and seconded, it was voted to sign Auctioneer's License for the following: (Expiring March 31, 1974) Robert N. Cann 48 Hancock Street William A. Sennott 10 Douglas Road Selectman Brown recommended that additional members be ap- pointed to the Advisory Committee on Cable Television. Upon motion du.Iy made and seconded, it was voted to appoint the following members of the Advisory Committee on Cable Television: Ira Stepanian Howard Cravis Graydon M. Wheaton Philip Cunningham David Reiner Edwin Farr David J. Kuhn Louis E. Conrad Richard H. Barnes Fred C. Bailey 5 Carol Lane 6 Rogers Road 5 Hadley Road 133 Bedford Street 3 Gould Road 49 Emerson Gardens 48 Pleasant Street 176 Cedar Street 50 Woodbury Lane, Acton 48 Coolidge Avenue Dr. Ellicott met with the Board to present copies of the booklet, "A Guide to Services for Youth'," which was prepared by the Lexington Youth Commission. A copy is to be delivered to each residence in Town at the same time the Boy Scouts deliver the Town Report. The Board members thanked Dr. Ellicott and asked him to express their appreciation to the Youth Commission and the Sub -committee for an excellent and informative booklet. The Board discussed the bids for the addition to the Central Fire Station. Upon motion duly made and seconded, it was voted to concur with the recommendation of the Permanent Building Committee that all bids for the addition to the Central Fire Station be rejected. Upon motion duly made and seconded, it was voted to adjourn at 7:45 p.m. A true record, Attest: Executive Clerk, Selectmen 1 SELECTMEN'S MEETING March 26, 1973 A regular meeting of the Board of Meeting Room, Town Office Building, on Chairman Kenney, Messrs. Bailey, Buse, Town Manager; Mr. Cohen, Town Counsel; present. Selectmen was Monday, March Brown and Mrs Mrs. McCurdy, held in the 26, 1973 at . Riffin; Mr Executive C Selectmen's 7:00 p.m. O'Connell, Ierk were At the request of the Town Clerk, five jurors were drawn as follows: Charles P. Hagenah Ralph F. Sweinberger Charles E. Hill Charles B. Rowley, Jr. Ann J. Bolitski 40 Turning Mill Road II Captain Parker Arms 159 Burlington Street 10 Meriam Street 21 Hill Street Mr. O'Connell advised the Board that bids had been received for pur- chase of seven Police Department and one Fire Department Ears. Despite invitations to bid being sent to 3 area dealers, Rowe Chevrolet was the only bidder, quoting $17,320 total or $2,475 per car including trade in. In view of the single bid, the Town Manager and the Chief of Police made a cost comparison to determine if the Rowe Chevrolet bid was competitive. The manufacturers list price of a car to these specifications would be about $4800. This means we are being given a trade in allowance of ap- proximately $2300 for one year old police cruisers with about 65,000 miles average, compared to a normal value of about $1700. We believe the bid to be competitive and rebidding is not recommended as being in the Town's interest. The Fire Department car was bid separately at $3,333, but this car has considerable additional equipment included; the trade-in is a 1969 car. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to award the contract to Rowe Chevrolet in the amount of $17,320 for the purchase of seven Police Department cars, and $3,333 for one Fire Department car. Mr. O'Connell informed the Board that he had received a letter from the Lexington Field and Garden Club regarding the custom of having memorial services for deceased members, including a tree plant- ing in Hastings Park on Sunday, April 29, 1973. The Board discussed and agreed to inform the Rotary Club that it had no objection to the location of two signs for the Pancake Break- fast on Patriots' Day, April 16, 1973, at Meriam Street -Massachusetts Avenue, and at Cary Hall near the existing Town sign. 89 Jurors Police and Fire Cars Tree Hastings Park Signs Pancake Breakfast 90 K of C Extension of Hours Auctioneer's License Liquor 1.D. Cards Cad le Meriam St. Permit Tag Day Great Meadows LCSR Civil Right Re- quirements Selectmen's Meeting March 26, 1973 The Board discussed and approved the following items: Upon motion duly made and seconded, it was voted to grant the request of the Knights of Columbus for an extension of hours under the Club Liquor License on Saturday, June 9, 1973 to 1:00 a.m. Upon motion duly made and seconded, it was voted to sigh the Auctioneer's licenses for the following: Ralph D. Cataldo Harry J. Myers, Jr. Elaine S. Myers 57 Bow Street 27 Outlook Drive 27 Outlook Drive The Board discussed the issuance of Liquor Identification Cards and agreed that the applicaft must submit two photographs, one of which is to be kept on file and the other to be affixed to the plasticized identification card which has been stamped with the Town seal Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification Cards for the following: Ri chard C. Carney Betty Anne Sahatjian Denise Bombara Leslie A. Bonini 20 Tufts Road 98 Cedar Street 10 Holmes Road 9 Stimson Avenue Upon motion duly made and seconded, it was voted to table a complaint from Mrs. Julie.Cadle, 15 Meriam Street, regarding the parking problem on Meriam Street. Upon motion duly made and seconded, it was voted to grant the request from Horizons for Youth -Kiddie Kampt for permission to con- duct a Tag Day on Saturday, June 9, 1973. Chairman Kenney read a letter from the Arlington Board of Selectmen requesting a substitute motion at Town Meeting on Article No. 79, which would delete the Great Meadows area from the Wetlands Protection District. Upon motion duly made and seconded, it was voted to table the letter from the Arlington Board of Selectmen until a report has been received from the Lexington Great Meadows Committee. Chairman Kenney read a letter from Mrs. Lois Brown, representa- tive of Lexington on the Metropolitan Area Planning Council, sug- gesting the Lexington Commission on Suburban Responsibility be designated as the agency of the Town of Lexington to participate in the review process of applications to MAPC for Federal financial assistance under A-95 Civil Rights Requirements. Selectmen's Meeting March 26, 1973 Upon motion duly made and seconded, it was voted to designate the Lexington Commission on Suburban Responsibility as the agency of the Town of Lexington to participate in the review process of applications to MAPC for Federal financial assistance under A-95 Civil Rights Re- quirements. Upon motion duly made and seconded, it was voted to refer to the Director of Public Works/Engineering the request of Mr. and Mrs. Frank J. Sanderson for deferment of sewer betterment charges on Lot's 297, 298 and 299 on Meadow Brook Avenue. Upon motion duly made and seconded, it was voted to appoint Mrs. Natalie H. Riffin as a Judge of the Float Competition for the parade on April 16, 1973. Chairman Kenney read a request from the Metropolitan Building Movers Co., Hyde Park, Massachusetts, for permission to move a house located at the Lexington -Lincoln Line on Route 2A to a location on Lawn Avenue. A report from the Director of Public Works/Engineering was read, recommending that upon arrival of the building at Lawn Avenue (Bead End), the house shall be placed in such a manner as to avoid obstruction to vehicular traffic and fire apparatus. Upon motion duly made and seconded, it was voted to grant per- mission to the Metropolitan Building Movers to move a 54' long x 27' wide x 21'6" high -loaded building within Lexington, subject to the conditions set forth by the Director of Public Works/Engineering. The Board discussed the plans for Chapter 90 -East Street. Upon motion duly made and seconded, it was voted to abandon Phase 3 for East Street from any further plans. The Board discussed a request for permission to conduct a Mini- Walkathon. The Board agreed to inform the Sacred Heart Church that it had no objection to a Mini-Walkathon being conducted on Saturday, April 14, 1973, from 10:00 a.m. to 2:00 p.m., provided it is con- ducted in an orderly fashion along the sidewalks, with no more than two abreast. The Police Department is to be so notified. Mrs. Riffin reported to the Board that she had attended the hearing at the State House on House Bill 2814, which would enable the tunnel to be built at Route 3 Burlington. Representative Vigneau of Burlington was the only one there in favor; he said that the Se- lectmen, Conservation Commission and the Planning Board of Burlington 9 Betterment Deferment Sanderson Meadow Brook Parade Judge House Move Chapter 90 East Street Permit Sacred Heart Walkathon H28-14 Burl. -Bed. Lexington Ltne 92 Article 54 Community Development Needs Selectmen's Meeting March 26, 1973 were all in favor of the bill. Opposing the bill were Representative Cole of Lexington, Representative Dickson of Bedford, Lexington Resi- dents, including Dr. Donald Taylor, the Planning Director, and the State Deputy Chief Engineer who was objecting to what it would do to Route 3. Mrs. Riffin reported to the Board on a meeting she had attended on Town Meeting Article 54 -Study of Community Development Needs. A committee would be formed under the direction of the Planning Board, with the approval of the Board of Selectmen. This committee would consist of a member of the Board of Selectmen, Conservation Commis- sion, Recreation Committee, Capital Expenditures Committee, and the School Committee. Mr. Buse: 1 attended the meeting and disagree then and now, as the Board of Selectmen is the governing body and 1 don't think this group should set priorities. Mr. Cohen: You must be careful not to give any Board complete power. After further discussion, the Board agreed to move at Town Meeting to table Article 54. Upon motion duly made and seconded, it was voted to adjourn at 8:00 p.m. A true record, Attest: ecutive Clerk, Selectme A regular meet men's Meeting Room, 7:00 p.m. Chairman Mr. O'Connell, Town Mr. Cohen came into SELECTMEN'S MEETING April 2, 1973 ing of the Board of Selectmen was held in the Select - Town Office Building, on Monday, April 2, 1973 at Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riffin; Manager; Mrs. McCurdy, Executive Clerk, were present. the meeting at 7:30. Chairman Kenney opened the hearing on,.the application from the Dunfey Corporation d.b.a. Sheraton-Lexington'Motor inn:for;a: . transfer of its lnnholder All Alcoholic Beverages License to the Dunfey Family Corporation d.b.a. Sheraton -Lexington Motor Inn, by way of statutory merger. This hearing has been duly advertised by insertion in the issue of the Lexington Minute -man of March 22, 1973. Notice of the hearing had been sent, by registered mail, to all abutters by the applicant. Attorney Dean Nicholson: The purpose of this application is for the technical compliances of the Alcoholic Beverages Control Commis- sion. It is under the same ownership, with the exception of two Officials of the Aetna Life and Casualty Company, Hartford, Connec- ticut, who are Donald M. Johnson and David S. Reed. The other owners are the five Dunfey Brothers; John P., Walter J., Gerald F., Robert J. and William L. Dunfey. No one being present in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the request of the Dunfey Corporation for a transfer of its Innholder All Alcoholic Beverages license to the Dunfey Family Corporation d.b.a. Sheraton -Lexington Motor Inn, by way of statutory merger. The Board of Selectmen is to request the Alcoholic Beverages Control Commission for approval of the above transfer. Mr. O'Connell informed the Board that 19 bids had been received on March 27, 1973 for sanitary sewer construction on Maple Street to Woburn Street easement; Woburn Street, Leonard Road, Webb Street, Young Street, and Third Street. The three lowest bidders were Andreassi Bros., Inc. $219,902.90; Bertoidi, Inc.', $221,689.50; Grandview Contracting Inc., 3225,771.00. Mr. O'Connell recommended that the contract be awarded to the lowest bidder, Andreassi Bros., Inc. in the amount of $219,902.90. Upon motion duly made and seconded, it was voted to award Con- tract 72-5-E, for sanitary sewer construction, to Andreassi Bros., Inc., West Roxbury, in the amount of $219,902.90. 93 Liquor Dunfey Family Corp. Sewer Contract 72-5-E 94 Selectmen's Meeting April 2, 1973 Mr. O'Connell informed the Board that he has received a letter from Permit Mrs. Bjorklund of Lexington for approval of a Girl Scout project to clean Green up the area in the Center on April 28 and, as part of the day's activities she requests permission for theC►tri_Scouts to hold singing exercises on the Green from 1:00 P.M. to 3:00 P.M. The Board had no objection. Mr. O'Connell informed the Board that the Town records are now being Microfilm- microfilmed here in the Town Office Building. Last year, the Board voted ing Town authorization for the Latter Day Saints to take the Town records to the Records Cambridge Court Housefor microfilming; this was not done and they are now being microfilmed without leaving the Town Offices. The Board discussed.the accidental shooting, in Lexington, of Loren Haskell, following an attempted assault with a motor vehicle. Concerned citizens were present at the meeting and Chairman Kenney requested a report from Mr. O'Connell. Mr. O'Connell read the following report: "At 3:40 A.M. March 27, the Lexington Police Department received a telephone call from the Burlington Police Department asking for assist- ance in apprehending a fleeing suspect in a stolen motor vehicle that was being pursued by three Burlington police cruisers on Middlesex Turnpike toward Lexington. Our officers were advised that the suspect Accident vehicle had made attempts to run into one of the Burlington cruisers Police and a roadblock was requested. No identification of the vehicle's Loren driver was received at that time. Haskell A roadblock was established by patrolmen Donald Birch and George Anderson, using two cruisers at Lowell and Woburn Streets. When the suspect saw the roadblock, he slowed down and drove left into the Arco Station in an attempt to go around. The officers ran into the station area and physically confronted the vehicle, waving their arms attempting to have him stop. He swerved the vehicle and drove directly at them, and if the officers had not ,jumped out of the way, he would have run them down. Each officer then drew his firearm and fired one shot at a rear tire in an attempt to stop the vehicle. It continued onto Woburn Street, made a U turn and came back through a fence and stopped against the house. at 383 Woburn Street. The driver was found semi-conscious lying across the front seat, suffering a bullet wound in the rear of his head. He died later that day at Massachusetts General Hospital. The results of ballistics tests have not yet been received, but available information indicates the driver was struck by one of the two shots fired by Lexington officers. The findings of the Police Chief, with which 1 concur are: 1 95 Selectmen's Meeting April 2, 1973 The shooting of the vehicle driver was purely accidental. Both police officers acted judiciously in the performance of their assigned duty. As an added precaution the prescribed police procedures which apply to this and similar situations will be reviewed. Chairman Kenney discussed an article in the Boston Globe in which the Burlington Police Chief gave the lack of radio communication as a possible cause of the accident. Mr.. O'Connell: We are tied in directly with area police radios but Burlington is not; their communication with Lexington is by tele- phone. Mr. Bailey to Mr. O'Connell: Are there any guidelines with respect to the use of firearms? Mr. O'Connell: Yes. The procedures followed in situations5f this kind are those which are taught at the Police Academy. We will review them again to satisfy ourselves that all of the procedures are clear, and are the proper procedures in circumstances such as this. 1 will get a copy and report back next week. Mrs. Riffin: When will the ballistic report be available? Mr. O'Connell: 1 can't give the exact date; however, 1 have a;pre- liminary report. There won't be much of a ballistic report as the bullet was removed in sections, and only limited ballistics can be made. It is not possible to establish which gun fired the bullet but it may help establish that it ricocheted. Mr. Bailey: If it is in pieces, would it establish that the bullet ricocheted? Mr. O'Connell: If it is less than the weight of the two pieces, it is possible it struck something else before the boy. The Board agreed that Mr. O'Connell is to submit a report next week on the use of firearms. Chairman Kenney read a request from the Lexington Chapter of Ameri- can Field Service for the use of Cary Hall for a panel Discussion on American Indian Issues on Friday evening, April 13, 1973. The Board agreed to approve the request. Chairman Kenney read a request from Mrs. Barbara Barrows, 168 North Street, that the bushes at the Adams and Hancock Street rotary be trimmed. Barrows' Upon motion duly made and seconded, it was voted to refer the re- Request quest to the Director of Public Works. Chairman Kenney read a request from Mrs. Olson, 241 Marrett Road, to clean up the area atong,Marrett Road and Stedman Road; also, a request for two signs indicating a curve in the road in this area. Upon motion duly made and seconded, it was voted to refer the first request to the Director of Public Works, and the request for the signs to the Traffic Committee. Requests 6 Spaulding & Slye Land Bond Selectmen's Meeting April 2, 1973 Chairman Kenney read a reply from the Planning Board regarding the offer from Spaulding & Slye of an expense -free option on the land on Bedford Street. Upon motion duly made and seconded, it was voted to table the matter until after Town Meeting. Upon motion duly made and seconded, it was voted to approve the bond for Mrs. Doris E. Barclay, Collector of Taxes, in the amount of SI27,700. Concord Chairman Kenney read an invitation from Concord for the Board to Patriots' participate in the Concord Patriots' Day Parade on Thursday, April 19, Day at 9:00 A.M. Parade Mr. Buse is to represent the Board. Chairman Kenney read an invitation from the Town Celebrations Patriots'/ Committee for the Board to participate in the Patriots' Day Parade on Day Monday, April 16, at 7:00 A.M. All Board members are to participate Liquor ID Cards Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification cards for the following: Sarah Jane Stetson 23 Coolidge Avenue Gavin Cyrus Cook 5 Ledgelawn Avenue Upon motion duly made and seconded, it was voted to approve the Minutes Executive Session minutes of the meeting held on January 22, 1973. Upon motion duly made and seconded, it was voted to sign the following Orders for Construction of Sewers and Orders of Sewer Taking: Winter Street From Marvin Street, a distance of 190 feet, more or less, to Skyview Road. Bowser Road from Saddle Club Road, a distance of 345 -feet, Construction more or less, to House No. 10. of Sewer Orders Saddle Club Road from Grant Street at No. 187, a distance of 1,783 feet, more or Tess, easterly and Southerly. Wright Street Skvview Road from Skyview Road, a distance of 304 feet, more or less, to James Street. from Winter Street, a distance of 430 feet, more or less, to Rangeway. 1 1 1 Selectmen's Meeting April 2, 1973 Order for -Sewer Takina Ki'mbalI Road From Reed Street, a distance of 472 feet, more or less, to Hickory Street. Mr. Cohen came into the meeting at 7:30 P.M. Chairman Kenney read a letter from Mrs. Amelia G. Samoylenkb, Trustee, Lexington Mews Trust, requesting the removal of the Town -owned fence which abuts the rear of the property at 10-12 Muzzey Street. The letter also stated that "We are willing to install a paved sidewalk of sufficient width to install parking meters on the raised portion of the sidewalk and to provide a concrete curb and necessary paving at the Town parking lot. After serious consideration of the operation of the Lexington Mews, we believe that the entire removal of the fence would be the most satisfac- tory solution both aesthetically and practically. We also believe that the provisions of a raised sidewalk and curbing is an effective pedestrian control and in fact, is safer than channelling people into the parking lot to get to their cars." Mr. Buse: It is my understanding that they would put in an ever- green hedge if we took the fence down. Upon motion duly made and seconded, it was voted to refer the matter to the Director of Public Works/Engineering for his recommendations to the Board. The Board discussed the annual appointments to be made. Upon motion duly made and seconded, it was voted to appoint the following for a term of office as stated: Boards and Committees Town Celebrations Committee Fence Viewers Registrar of Voters Gemmell Legacy Income Trustee Standing Plumbing & Build- ing By -Law Committee Executive Clerk Name Mafilyn L. Hall Leo Gaughan William Brenchick, Jr. Rev. Harold T. Handley Louis A. Zehner Timothy Sullivan James E. Collins Robert W. Custance Leo Dunn Eleanor M. McCurdy Expiration Date April 30, 1976 April 30, 1976 April 30, 1976 March 31, 1974 March 31, 1974 March 31, 1976 March 31, 1974 April 30, 1976 April 30, 1976 March 31, 1974 97 Lexington Mews Fence Annual Appoint- ments J8 Patriots' Day Parade Central Fire Station Great Meadow Article Executive Session Selectmen's Meeting Boards and Committees Bridge Charitable Fund Drug Advisory Committee Name George P. Morey Natalie H. Riffin Sumner E: Perlman Dr. Jack H. Monderer Dr. Charles E. Ellicott Irving H. Mabee April 2, 1973 Expiration Date March 31, 1976 March 31, 1974 March 31, 1974 March 31, 1974 March 31, 1974 March 31, 1974 Chairman Kenney said that the April 16 parade route is being changed this year and part of the route will be on the State highway, It is necessary to send a letter to the State Department of Public Works regarding this. The Board agreed to write to Mr. Mistretta, District i'4 Engineer, State Department of Public Works, and inform him that the Board of Se- lectmen has approved the route scheduled for the Patfiots' Day parade, and it is the understanding that the State will not be held liable for any damages to our local roads caused by the increase in traffic gen- erated by any detours. Chairman Kenney read a letter from Edwin B. Worthen, Jr., 35 Dexter Road, stating that he felt the Central Fire Station trim should be painted white. Mr. O'Connell: The permit says that "all new woodwork is to be painted the color of the woodwork of the present building." This de- termination was made by the Historic Districts Commission. The Board agreed to ask for comments from the Historic District Commission. Chairman Kenney informed the Board that nothing has been received from the Great Meadow Committee regarding the Wetlands article. The Board agreed to discuss the matter at the meeting of April 9. 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, would adversely affect the public security, 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 adjourn at 7:58 P.M. A true record, Attest: 227 Executive Clerk, Selectmen 1 1 99 SPECIAL SELECTMEN'S MEETING April 3, 1973 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Tuesday, April 3, 1973 at 7:30 P.M. Chairman Kenney, Messrs. Bailey and Brown, Mrs. Riffin; Mr. O'Connell, Town Manager, Mr. McSweeney, Director of Public Works/Engineering; Mr. Perry, Comptroller; Mr. Furash, Chairman, Messrs. Mitchell, Moore, Blaisdell, White and Mrs. Flynn of the Appropriation Committee; Chairman Silverman, Messrs. Kingston and Whitman of the Capital Expenditures Committee; Mr. Michelson of the Chamber of -Commerce; Mr. Clarke of the Planning Board; Police Chief Corr and Representative Cole, Moderator , were present. In accordance with the statutes, the Board voted to certify the Varian sewer betterment assessment to Varian Vacuum Associates, 611 Hanse Way, Vacuum Palo Alto, California, for lots 6 and 20 Hartwell Avenue (121 Hartwell Hartwell Avenue) in the amount of $4,080.81. Avenue The pros and cons of metering the Meriam Street parking lot were discussed in preparation for the presentation to the Town Meeting rela- tive to Article 39. Mr. Moore stated that metering would be a capital asset and would return funds to the Town. Mr. Silverman said that last year the Town Meeting spoke clearly to the point that metering is favored. Chairman Kenney indicated that the lot is running almost full, and he is con- cerned that the lot would not be as fully used if metered. Mr. Furash believes that if a free lot is to be provided, there should be a method for paying for it - other than with Town funds. Mr. Clarke favors metering, plus enforcing parking controls on the streets. Mr. Michelson said that the merchants do not want free parking for shoppers, but they want to provide off-street parking for all -day parkers. Mr. Silverman stated that the Capital Expenditures Committee accepts the fact that more spaces are required but asks how we are to pay for them. The Board of Selectmen has received complaints from mothers whose children attend the Nursery School at the Baptist Church stressing the need for short term parking on Massachusetts Avenue. Post Office em- ployees park as follows: 30-40 on Massachusetts Avemue, 19 on Meriam Street, 8 on Grant Street, 5-7 on Sherman Street. Chief Corr believes that people will not use the spaces in the Meriam Street lot if they are metered. He stated that the present system is working beautifully, but a substantial increase in spaces is needed. Mr. Furash suggested increasing assessments in the Center to pay for increased free parking. Mr. White suggested spending a minimum Meriam St. Parking Lot 100 Special Selectmen's Meeting April 3, 1973 amount of money to expand the lot and see whether it fills up. Mr. Kingston believes that Center assessments are high enough and should not be raised. Mr. Silverman stated that the Capital Expenditures Committee interpreted the Town Meeting vote of last year to indicate that the members favor metering, and he urged putting it to a vote at Town Meeting this year. Mr. Furash inquired as to why the Board of Selectmen had not prohibited parking on Massachusetts Avenue previ- ously? Mr. Kenney replied that the Board was wafting until new spaces can be provided. Mr. Blaisdell suggested spending a minimum amount in order to expand the lot. Mr. Kenney stated that the Selectmen can' offer the Town Meeting threealternatives: (1) $38,000 expenditure with no meters; (2) $38,000 with meters; (3) No appropriation with, minimal work by the Department of Public Works. Mr. Kingston said he favored the expenditure of $38,000 without metering." The Board of Selectmen stated that they would discuss the matter further. The members of the Capital Expenditures Committee, Mr. Michelson,. Mr. Clarke, Chief Corr, and Representative Cole retired from the meeting. Mystic Valley The members of the Appropriation Committee and Board of Mental Health agreed not to move reconsideration of Article 52, which prov Center for the Mystic Valley Mental Health Center. The members of the Appropriation Committee retired from meeting. The Board voted to go into executive session. Natalie H. Riffin Acting Secretary Selectmen ides funds the 101 SELECTMEN'S MEETING April 9, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 9, 1973 at 7:00 p.m. Chairman Kenney, Messrs. Buse, Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. Dr. Eric Clarke of the Planning Board met with the Board to discuss the Great Meadows. Chairman Kenney: We have received a letter from the Arlington Board of Selectmen regarding Articles 78 and 79, which propose that the Zoning By -Law be amended to establish a Wetland Protection District, and requesting that the Lexington Board of Selectmen offer a substitute motion for that of the Planning Board which would delete the Great Meadows area from the Wetlands Protection District. We sat down with them in December and said we weren't making any plans; we said.we weren't planning protective zoning. I have not been able to get a statement from our Great Meadows Committee, and we seem to have had trouble in communications with Arlington as to what the Great Planning Board had in kind. The Chairman of the Arlington Board Meadows called me to say that Arlington has had insufficient time to evaluate Wetlands the ramifications. Zoning Dr. Clarke: They have had all the information since February, and they have communication problems. They are saying we didn't keep our word. Chairman Kenney: I do not feel their request is unreasonable. I would be willing to support Article 78 and inform Town Meeting that we would move on Article 79 to delete the Great Meadows. After further discussion, the Board agreed on the motion at Town Meeting on Article 79. Upon motion duly made and seconded, it was voted unanimously to present an amendment to Article 79 at Town Meeting to delete the Great Meadows from the proposed Wetland Zoning District. Mrs. Patricia Hagedorn came before the Board to request support of Article 90 - Rezoning of Wood Street -Hartwell Avenue. Chairman Kenney: We look forward to hearing the presentation at Town Meeting. Mr. Louis Zehner, Town Treasurer, met with the Board to request approval of the bids received on borrowing $I million in anticipation of tax revenue loan. He asked that the Middlesex Bank of Burlington Treasurer and the County Bank of Cambridge be designated as depositories, and the Town Manager be authorized to sign any required forms relating to the deposits and withdrawals and to the negotiation of tax anticipa- tion and bond anticipation loans. 102 General Revenue Sharing Gasoline W.R. Grace Selectmen's Meeting April 9, 1973 Upon motion duly made and seconded, it was voted to approve the re- quest of the Town Treasurer to borrow $1 million, in anticipation of tax revenue loan, from the following banks, notes to be dated April 13, 1973 and payable on October 31, 1973. Lexington Trust Company $500,000 3.70% County Bank N.A. of Cambridge 250,000 3.70% Newton -Waltham Bank and Trust Company 125,000 3.74% Middlesex Bank N.A. of Burlington 125,000 3.74% Upon motion duly made and seconded, it was voted that the Middlesex Bank of Burlington and the County Bank of Cambridge be designated as depositories, and that the Town Manager be authorized to sign any re- quired forms relating to the deposits and withdrawals and to the negotiation of fax anticipation and bond anticipation loans. Mr. O'Connell reported to the Board that the Town has received $.108,378 in General Revenue Sharing for the first quarter of 1973, whibh is in the hands of the Treasurer. This was based on our new entitlement of $433,000 for 1973; $365,000 was previously estimated. The practical result is that Lexington will receive $90,000 more over the 5 quarters represented in the I8 -month budget. Town Meeting will have the chore of deciding on these additional funds, based on recommendations of the Board and the Appropriation Committee. Some could be in Article 4, Account $4100, Fire. Department, Personal Services, and a recommendation of $45,000 in Article 24, D.P.W. equipment; the balanceto be deferred against the 1974-1975 budget. Early in 1974, the federal government might shift their estimate downward. The Board may wish to talk with the Appropriation Committee regarding Article 24. The Board agreed to discuss Article 24 With the Appropriation Com- mittee. Mr. O'Connell informed the Board that the Stop and Shop and the First National Stores have agreed to close on Patriots' Day, April 16, 1973. At 7:30 P.M. Hearing was declared open on the application of'W.R. Grace for permission to store 20,000 gallons of No. 2 oil, to be used to heat the building, in an approved underground storage tank on the premises located at 15 Hayden Avenue, Lexington. Notice of the hearing was advertised in the March 29, 1973 issue of the Lexington Minute -man and notices were sent to the abutters by certified mail. A plan of the location of the tank has been approved by Fire Chief Spellman. Selectmen's Meeting April 9, 1973 Mr. Thomas Harty, representing W.R. Grace, was present and said that the No. 2 oil would be used to heat the building on Hayden Avenue. No one being present in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to authorize Chairman Kenney to sign the license to W.R. Grace for permission to store 20,000 gallons of No. 2 oil, to be used to heat the building, in an approved underground storage tank on the premises located at No. 15 Hayden Avenue, Lexington. Upon motion duly made and seconded, it was voted to certify the character of the following, who have applied for a Certificate of Incorporation: Charles Scimeca 104 Kendall Road Peter D'Arrigo 1 Lantern Lane "Market Associates, Inc." Upon motion duly made and seconded, it was voted to approve the request of the Easter Seal Society to issue a proclamation declaring Thursday, April 19, 1973, as "Coffee Day for Crippled Children." 103 Certificate of Incorp. Proclamation Chairman Kenney read an invitation from the Lexington Field and Garden Club for the Board to attend a tree planting ceremony at Tree Hastings Park on Sunday, April 29, at 1:00 p.m. Planting Mrs."Riffin is to attend to represent the Board. Chairman Kenney read a memo from Selectman Brown stating that the Advisory Committee on Cable Television had met on March 29 and elected William R. Page as Chairman. Also, the Committee requests the Board to appoint two additional members, Chief Corr and Allen CATV Lee Whitman. Committee Upon motion duly made and seconded, it was voted to appoint the following as members of the Advisory Committee on Cable Television: Chief James F. Corr, representing the Police Department, and Allen Lee Whitman, representing the Capital Expenditures Committee. Upon motion duly made and seconded, it was voted to authorize Chairman Kenney to sign the Liquor Identification card for Kimberlie Gail Kidd, 53 Harding Road, Lexington. Upon motion duly made and seconded, it was voted to sign Auction- eer licenses for the following: Martin C. Hagerty (Renewal) 301 Bedford Street Leonard Rose 59 York Street Liquor I.D. Card Auctioneer's License 104 Fee for Auctioneer Fiske Hill Met State Hospital Land Executive Session Selectmen's Meeting April 9, 1973 Upon motion duly made and seconded, it was voted to amend the vote regulating the fee for an Auctioneer's license from 510:00 to $2.00, said amount being written in the statute governing the Auctioneer's license. Because of the holiday, the Board agreed to meet on Tuesday, April 17, 1973. Members of the Board agreed to attend the ceremony at Fiske Hili on April 14, at 4:30 p.m. Mrs. Riffin informed the Board that the bill authorizing the trans- fer of the Metropolitan State Hospital land from the State has been signed by Governor Sargent. 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 whith, 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 and one matter concerning taxicabs and limousines, it was voted to go out of Executive Session. Upon motion duly made,and seconded, it was boted to adjourn at • 7:55 p.m. A true record, Attest: )2'1. Executive Clerk, Selectmen SELECTMEN'S MEETING April 17, 1973 A regular meeting of the.Board of Selectmen was men's Meeting Room, Town Office Building, on Tuesday at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town McCurdy, Executive Clerk, were present. held in the Select- , April 17, 1973, Brown, and Mrs. Counsel; Mrs. Mr. O'Connell informed the Board that he had invited David Hughes, Chairman of the Lexington Safety Committee to talk on Town Safety problems. Mr. Hughes: We are working on a plan to conduct Employee Safety Week in Lexington. With the help of insurance representatives, we have set up a tentative program, which will include safety classes and a driver's safety program. Ninety percent of accidents happen with the custodians, kitchen personnel, and Department of Public Works employees. There will be a class to educate the kitchen employees, and we will try to get suggestions from them on safety. On Monday, there will be a 30 -minute class on safety at the Clarke Junior High at 10:30 a.m.; also, a 30 -minute program at the Diamond Junior High at 1:15 p.m. On Tuesday, there will be a 2 -hour class on a driver's training program at the Town Barn with insurance company representatives, an inspector, and Police Captain Lima; this will include a short movie and demonstration of a reflex machine for drivers. On Wednesday, there will bea 30 -minute class at the High School at 2:00 p.m. for custodians. -We need to re- duce the time loss accidents, which are needless accidents. From an administrative viewpoint, we would promote the idea by an effective poster campaign and would put them up in appropriate places in the Town to stimulate interest in safety and to get the message across. We would have a subcommittee in different departments with key men in .safety reporting to a safety supervisor. This is the first step towards a safety program and we will have a "zero -in" safety week. Mr. O'Connell: I would emphasize that the Safety Board did a good job in getting the program organized and by identifying accident reduc- tion opportunities; accidents tended to be concentrated in two or three places. This is not a one-shot affair but a kick-off. We pay•$60,000 in Workmen's Compensation and we can invest time in this. Mr. Bailey: Do you have the School Committee locked in philosoph- ically? Mr. Hughes: I have talked with Mr. Maclnnes but I wanted to get the Board's reaction first. • Chairman Kenney: Speaking for the Board, we encourage you in your endeavors and wish you success. Mr. Hughes: We have the Insurance Companies to assist us and we .should take advantage of the material costs. Mr. Hughes retired from the meeting. i()5 Employee Safety Program I 06 Permit Permit Mailboxes Selectmen's Meeting April 17, 1973 Mr. O'Connell informed the Board that a request has been received from the Veterans of Foreign Wars to conduct a sale of poppies through- out the Town on May 24, 25, and 26, 1973. The Board had no objection. Mr. O'Connell informed the Board that a request has been received from the Lexington Summer Co-op for permission to use the Depot Square lawn on May 19, 1973 for Aloha Day. The Board agreed to grant permission. Mr. O'Connell discussed the letter written by Sidney J. Siegel of 7 Burnham Road to Postmaster Walker concerning the inconvenience of the mailboxes located near the Town Offices and the Post Office, Mr. Siegel felt it was very annoying not to be able to deposit mail from the driver's side of the car and suggested moving the mailboxes to other locations. Mr. O'Connell: The Post Office Department has made it clear and insists on having the mailboxes close to the Post Office, and said it was impractical to have the boxes located where Mr. Siegel recommends. The Postmaster has investigated this request and is to answer Mr. Siegel. Representative Cole came into the meeting. Mr. O'Connell: The news was released today regarding changes at Hanscom Field. All Air Force flying activity will terminate by September, 1973. The reason for making the changes is that the Air Force can no longer justify the cost; they have 5 percent of the traffic volume and the other 95 percent is commercial, private planes, etc. They plan to turn the operation of the field back to the Mass. Port Authority. The maintenance cost alone is $700,000 per year. There is no plan for a change in the Electronic Center, only in the flying field. There will be an Air Force recruiting group of 50 people from Westover. Reserve personnel will go to Westover; 94 people are affected at Hanscom Hanscom. Lexington impact seems to be: 1) jobs. 2) it has solved the Field noise problem. 3) Rest of the question is the matter of whatever the plans develop for the future of Hanscom. Mr. Brown: Will they eliminate the air shows? Mr. O'Connell: I would think so because, essentially, it Is an Air Force installation. It will be purely an R & D Center, located at a commercial airport. Mr. Brown: The planes coming in now are mostly hospital planes and they now go to Logan. Mr. O'Connell: That unit will be transferred to Kirkland Air Base. Mr. Brown: Do you have a feeling about the number of personnel that now own homes in Lexington? Mr. O'Connell: They said they had not made that determination but the most likely effect would be that they are now oversubscribed on the base and there would be a transfer from off -base. By law, they are re- quired to transfer them onto the base. 10 Selectmen' Meeting April 17, 1973 Mr. Brown: That would leave empty houses in Lexington. Mr. O'Connell: It could. Chairman Kenney: Are they using the figure of 235 here in the military? Mr. O'Connell: Some are Reserve personnel; that would be the maximum figure and possibly it could be less than that. Mr. O'Connell to Mr. Cole: What kinds of jobs are listed other than aircraft, maintenance, flight crews, and supoort personnel. Mr. Cole: E.S.D.; there is a certain amount of flying with E.S.D. and they depend on that support for their flying time. Mr. O'Connell: E.S.D. will be stationed elsewhere and will fly in here. Chairman Kenney: We have invited Mr. Cote to meet with us tonight so that he may keep us informed of the plans for Hanscom Field. Mr. Cole agreed to watch the situation, and retired from the meeting. The Board discussed the request from the Youth Advisory Committee for a change in the Committee By -Laws by decreasing the number of members. Youth It was agreed to invite the Chairman to meet with the Board next Committee week. The Board also agreed to take care of the printing of 1,000 questionnaires for the committee. Chairman Kenney read a petition from residents regarding the condition of Town -owned land, which had been turned over to the Town by Cluster Zoning, in the area of Emerson Road-Maureen.Road due to construction on East Street. A report from the Director of Public Works was read stating that Complaint it has been the practice to cooperate with the contractors in using Town -owned land for stock piling, etc. The contractors have agreed to remove the hot -top and clean up the area immediately; then, the area will be graded and seeded. The Board agreed to inform the residents that the area will be cleaned up as soon as possible. Mrs. Riffin: The Town is taking Zoning and 1 feel the neighbors could and really use it as a recreation are Chairman Kenney: Do you envisio over land received by Cluster maintain it by getting together a. n a change in the title? Mr. Bailey: No. Mr. Buse: Personally, 1 feel at some point in time the Town should do it. Mrs. Riffin: The zoning option gives leeway that it could be done. I think we ought to explore it further. Chairman Kenney: Why not see What the Planning Board has to say about it. Mrs. Riffin: At some time, we could. Cluster Zoning 108 Traffic Franklin School Drainage 18 Hamblen Selectmen's Meeting April 17, 1973 Chairman Kenney read a petition from residents of Valleyfield Road and Grassland Street regarding children crossing Waltham Street to at- tend the Franklin School. Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Chairman Kenney read a letter from Alden F. Westerlund, 18 Hamblen Street, stating that his front yard becomes flooded after a heavy rain - .411) because there is an open drainage brook which passes through one side of his property and enters an 8" pipe at the streetline, which is incapable of handling the volume of water that comes through the brook. A report from the director of Public Works was read stating that his department had investigated and found that the blockage was caused by an accumulation of leaves. After the leaves were removed, within 15 minutes the flooding completely subsided. The report also included other recommendations to alleviate the drainage conditions.• Upon motion duly made and seconded, it was voted to table the matter pending cost estimates from Mr. McSweeney. Chairman Kenney read a request from Mr. and Mrs. Frank Sanderson, 5 Meadow Brook Avenue for deferment of sewer betterment charges on Lots 297, 298 and 299:Meadow Brook Avenue because the land is not being used. The further request was to have these lots included in the list of lots previously deferred by the Board in 1971 and 1972 for Sanderson 3 -year periods from the dates voted. Abatement Upon motion duly made and seconded, it was voted to defer payment of sewer betterment assessments for Lots 297, 298 and 299 Meadow Brook Avenue, owned by Frank J. and Charlotte Sanderson of 5 Meadow Brook Avenue, without interest, until said land or any part is built upon, sold or until the expiration date of November 1, 1974, whichever event occurs first; provided, however, that this extension of time shalt) terminate immediately if said land or any portion thereof is built upon or sold. The following is a complete list of all lots owned by Frank J. and Charlotte Sanderson of 5 Meadow Brook Avenue, which are to have an anniversary deferment date of November 1, 1974: Blossomcrest Road Sewer Water Lot 289 $436;14 $169.50 Lot 290 356.03 90.00 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 296 375.82 156.00 Selectmen's Meeting April 17, 1973 Meadow Brook Avenue Sewer Lot 215 Lot 297 Lot 298 Lot 299 $328.70 321.48 321.48 366.48 Chairman Kenney read a petition, signed by members of the Committee on Social Responsibility of the First Parish in Lexington (Unitarian - Universalist), requesting the Town "to investigate the problems raised by high speed automobile chases and the use of road blocks in Lexington as most recently posed by the death of Loren Haskell, and ask that a special panel of Lexington -citizens be established to review these matters and report on same in 60 days to the Board of Selectmen." The Town Manager has given the Board the follow-up information. Mr. O'Connell: There is no later ballistic information. The Board raised the question on the policy on the use of firearms, the procedures on apprehending a fugitive in a stolen vehicle, and the review of procedures used. I shall read the following report: I. Regarding Policy on Use of Firearms. Instructions governing use of firearms are contained in the training manual for police officers and in the Civil Service Instructions to applicants for Police Service. This is accepted as the reference manual for police officer training. 'Lexington Police Rules and Regulations do not include this because it is provided in the basin training given all permanent policemen at the State Police Academy. There, are five situations where use of firearms by a policeman is considered proper: I, To defend himself from death or serious injury. 2. To defend another person unlawfully attacked from death or injury. 3. To effect the arrest or prevent the escape of a felon when other means are insufficient. (This applied here.) 4. To kill a dangerous or seriously injured animal. 5. To call for assistance. In general the policy is "that an officer may use any force neces- sary that is reasonable and proper to overcome any resistance to arrest." 2. Regarding Police Procedure in Apprehending Fugitive in Stolen Vehicle. 1..09 Request Citizens' Panel on High Speed Chases If a driver's identity is known so that it is likely that he can be subsequently picked up and he is not a threat to public safety, the proce- dure is routine: i.e. cruisers would be notified to be on the lookout to apprehend and place under arrest. 110 Selectmen's Meeting April 17, 1973 If the driver's identity is not known (which was the situation in this case) the appropriate action depends on what the available information indicates. In this case: time of day, 3:30 a.m.; three Burlington cruisers in hot pursuit of fugitive in stolen car; request assistance of Lexington Police; ask for road block and advise that fugitive had made attempts (plural) to run into Burling- ton cruisers; no indication of identity of driver. 1 submit that the information available to Lexington police implies danger to public safety rather than the opposite; a driver who is wanted for feloneous assault. 1 also submit that the statement given by the Burlington Police Chief to the press (about the boy being recognized by one of his men, etc.) is inconsistent with action taken by his department, namely, hot pursuit by three cruisers plus a request for a roadblock. 3. Regarding the Question of Review and Procedures Used. Chief Corr points out that the persons as concerned as any in this type situation are the police themselves. After any serious Inci- dent there is a review by the staff to be sure that proper methods were used, or if they should be changed. This is a regular thing. Any review of police procedure should be directed to the State policy level, The procedures taught and used in Lexington are the .same as those taught and practiced by State level law enforcement agencies and other municipalities and are consistent with what the law not only provides for but also calls for. We must remember that a police officer is sworn to enforce the law, In any matter of this kind, full consideration must include not just the inter- est and rights of the violator, but also those against whom the Crime is committed and those responsible for enforcement. Chairman Kenney: Circumstances are such that we were not involved in a high speed chase; we set up a road block. Mr. Bailey: Has anyone asked for an inquiry into the Youth Service Board regarding the boy? Mr. O'Connell: Not to my knowledge. From a purely personal obser- vation, I would remind anyone interested in this to first define the problem. In my personal judgment, what is wrong with our society that places 13 or 14 year old boys behind the wheel of an automobile? That creates the problem. To define the problem as simply the action. by the police, is not the problem. The problem, in the broad sense, is worthy of public attention. Of greater concern to me, personally, is the youths that the police are apprehending this year in other crimes, who will be next year's children in stolen cars. There is not enough being done about avoiding future cases of 12 or 13 year old youths that they have to steal automobiles. Selectmen's Meeting April 17, 1973 Mr. Brown: 1 don't think we can solve all of society's problems but if citizens want to look into our procedures, and we are sure they are good, intelligent people, we should encourage them to do so. They feel strongly about this. It doesn't necessarily commit them to change police procedures they are supposed to be following. Mr. O'Connell: They should go to the police of the State of Massachusetts. Mr. Bailey: When the citizens of Lexington elected me to the Board, they conferred a responsibility to make sure that incidents such as this are investigated to our satisfaction, and if citizens are not satisfied then we are the first people they come to, not to the operating department. It is our responsibility to see that the operating departments are operating to the needs of citizens. Chairman Kenney: There is no doubt it was a tragic and unfor- tunate incident. The report has been given by the Town Manager and 1 am satisfied that the two police officers acted in a manner con- sistent with their obligation as police officers. If some people want to start a review board, then let them start it at the State level. 1 certainly would not support a local committee getting into that question at a local level. Mr. Brown: My answer to Mr. Bailey is I can't answer questions about the whole policy because I don't know enough about it; I agree 1 am elected to represent the citizens but I don't have enough infor- mation. Mr. Bailey: Fine, you should recommend to us, through the Town Manager, to ask Chief Corr to sit down with us and inform us. Mr. Buse: 1 would like to concur with Mr. Kenney about the two police officers. These officers were involved in the Cumberland Farm situation where they received high praise in apprehending the criminal for assaulting Paula Knight. In one instance, they are doing the job all right, and in another they are doing it all wrong. We had no further information about this than what was given to the Lexington police from Burlington. Mrs. Riffin: 1 think there should be a discussion of future policy situation to discuss the fact that these incidents are bound to be incurring more often because of increased traffic, more auto- mobiles and more children. I have said to Chief Corr that all Chiefs are faced with these problems and we would like to hear from him in order to head off situations such as this. Things are not going to get any better with automobiles, traffic, and the hazards we are living with. It is unfortunate there is nothing we can do for this boy. The Board agreed to set up a future meeting with Chief Corr. Upon motion duly made and seconded, it was voted not _to_estab- lish a citizens' review committee on police procedures, as requested by the Committee on Social Responsibility of the First Parish in Lexington. Selectman Brown voted in the negative. 11 Vote 112 Selectmen's Meeting April 17, 1973 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on January 29, 1973. Copper Pipe Litigation Chairman Kenney informed the Board of the receipt of a final check in:.the copper pipe litigation, in the amount of $259.54. The check was deposited with the Treasurer. Upon motion duly made and seconded, it was voted to approve the Proclamation request from the Massachusetts Bar Association to proclaim May 1 as Lam Day USA. Upon motion duly made and seconded, it was voted to approve the Water request of the Director of Public Works to sign water abatements to Abatements the following: Permit August Schumaker Ernest J. Enright 148 Wood Street $24.85 42 Hill Street 1.00 Wrong Reading Demand Charge Billed in error Chairman Kenney read a request from Lexington Arts and Crafts Society to conduct an Art Auction on the Buckman Tavern grounds.on June 30, 1973. The Board had no objection, as long as all art objects were re- produced by members of the Arts and Crafts Society. The Board discussed a memorandum from Town Counsel Cohen regard- ing the acceptance of streets in Vine Brook Realty Trust Subdivisions. Upon motion duly made and seconded, it was voted to approve the following recommendations of Town Counsel: 1. To authorize the Town Clerk to deliver to the Town Treasurer the certified check in the amount of $1,000 payable to the Town of Lexington which is being held by her. The check will then be de- posited and the funds held by the Town Treasurer in a separate .fund for the account of the Director of Public Works. The money will then be used to complete work on the streets. Vine Brook 2. To authorize the Town Clerk to deliver to Town Counsel a bank Realty Sub- book containing $1,000 plus interest. Town Counsel will then arrange division to have the money withdrawn and a check payable to the Town of Lexington issued. The check will then be turned over to the Town Treasurer for deposit. The funds will be held as provided in above section 1. 3. To authorize the Town Treasurer to draw a check in the amount of $1,650.46 payable to Trustee, Vine Brook Realty Trust. The Town has acknowledged that this amount was being withheld from the developer pending completion of the roads and acceptance by the Town. The source of these funds will be from amounts appropriated to reimburse subdividers. 1 1 1 Selectmen's Meeting April 17, 1973 4. To authorize the Town Clerk to deliver to Town Counsel the Lexington Savings Bank Passbook No. 47791 showing a balance of $1000.00 standing in the name of Vine Brook Realty Trust, Torsten H. Reenstierna, Trustee, given as security for the bond dated March 29, 1965. 5. To authorize the Town Clerk to deliver to Town Counsel a with- drawal slip on the Lexington Savings Bank signed by the aforesaid Trustee. Mr. McSweeney came into the meeting and informed the Board that the State Department of Public Works is not interested in having East Street as a scenic route. Mrs. Riffin: Did they agree to design it exactly as voted last year? Mr. McSweeney: Yes. They are waiting for the Board to have a tree hearing. The Board agreed that Mr. McSweeney is to come back next week with a plan of East 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, would adversely affect the public security, 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: Executive Clerk, Selectmen 113 114 Jurors Gas Company Merger SELECTMEN'S MEETING April 23, 1973 A regular meeting of the Board of Meeting Room, Town Office Building, on Chairman Kenney, Mr. Bailey, Mr. Buse, Manager; Mr. Cohen, Town Counsel; Mrs. present. Selectmen was held in the Selectmen's Monday, April 23, 1973, at 7:30 p.m. and Mrs. Riffin; Mr. O'Connell, Town McCurdy, Executive Clerk,. were At the request of the Town Clerk, six jurors were drawn as follows: Beverly L. Grant David M. Dixon Allan P. Sherman Paul J. Valihura Florence F. Viano Daniel A. Lucas 166 Lowell Street 64 Harding Road 16 Balfour Street 67 Grassland Street 17 Buckman Road 3 Tower Road Mr. O'Connell distributed information to the Board regarding the proposed acquisition by Boston Gas of the Lynn, North Shore and the Mystic Valley Gas Company. Congressman Harrington stated his opposi- tion to this merger at a recent meeting held at the Peabody City Hall' because he feared that a monopoly would be formed, rates would increase and, also, there would be no way of measuring price rates. He re- quested the support and authorization to represent the Towns and Cities affected by this merger. at the forthcoming Securities and Ex- change Commission hearing on May 7, 1973. Chairman Kenney indicated that this is a one-sided presentation and this Board might want to get the recommendation of the other. side. He felt there was no obligation to give an opinion. The Board agreed. School Comm. Mr. O'Connell gave the Board members copies of the School Commit - Budget tee's budget which had been approved on November 7, 1972 Award 72-7-E Sewer Construc- tion Mr. O'Connell informed the Board that bids had been opened on April 10, 1973 for sanitary sewer construction, Contract 72-7-E. The three lowest bidders were P. Gioioso & Sons, Incorporated, $114,183.75; Bertoldi Contractors Incorporated, $121,300.00; Grandview Contracting, Incorporated, $125,095.25. Mr. McSweeney recommends, and I concur, that the contract be awarded to the lowest bidder, P. Gioioso & Sons, Incorporated, in the amount of $114,183.75. Upon motion duly made and seconded, it was voted to award Contract 72-7-E, sanitary sewer construction, to P. Gioioso & Sons, Incorporated, in the amount of $114,183.75, as authorized under Article 20 of the 1972 Annual Town Meeting. Selectmen's Meeting April 23, 1973 Mr. O'Connell recommended that the Board vote to approve the in- creased benefits on the Town insurance plan as funds have been appropriated under Article 4 of the 1973 Annual Town Meeting to cover the Town's share of the additional premiums. Upon motion duly made and seconded, it was voted to accept on behalf of the Town of Lexington Maximum Level Hospital Medical Insur- ance coverage available under Chapter 32B, as established by the Group Insurance Commission, Commonwealth of Massachusetts, and as adopted by the County of Middlesex Employee Group July 1, 1972. The effective date of this increased coverage is April I, 1973. . The Board discussed the reconstruction of East Street. Mrs. Lois W. Brown, Chairman of the Planning Board, and residents of East Street were present. Chairman Kenney read a memo from the Director of Public Works stating that his department had reviewed the proposed design by the Mass. Depart- ment of Public Works and was in agreement with this proposal, with the exception of the removal of four trees. The saving of these four trees is due to a shift in the horizontal alignment near Maureen Road and the meandering sidewalk between Vine Brook and Grant Street. It further re- duces the amount from 30 to 26 trees within the limits of the protect. If the Board concurs, it is proposed to post the trees on April 24; tree hearing to be held on April 30th and vote of the Board on April 30th. The Board has previously voted the intent to take slope easements. The contract can be bid and awarded by July 1, 1973. Chairman Kenney: The Street Advisory Committee is in agreement, with the exception of the four trees near Grant Street. I discussed this with Mr. McSweeney and, by constructing a meandering sidewalk, we were able to save three of the four trees. The one which directly abuts the O'Brien driveway at 99 East Street will have to be removed and, at this point, Mr. O'Brien is agreeable to the necessity of that as the roots are growing out of the ground. There is a question on the tree at the corner of Maureen Road, and we can possibly save this. The problem is if we put the sidewalk behind the tree, it would be up at too high a level because of the slope ease- ment. In discussion with Dr. Dratch, it was felt we should post the tree and when the final grade is done, a final decision would then be made. Dr. Dratch, 2 Maureen Road: That is something for discussion. Chairman Kenney: The State has specifically informed us that the required width for East Street, under the Chapter 90 plan, is 30 feet and the Board feels this is the proper width. Mrs. Crothers: If this were to be a scenic road, it was my under- standing from Town Meeting that neither the Planning Board nor.the Selectmen wereithe official bodies to make this decision. 1 11_5 Maximum Insurance East St. 116 Selectmen's Meeting April 23, 1973 Mrs. Brown: We had a memo from the Department of Community Affairs, dated March 13, 1973, that the bill on scenic roads approved on March 6, 1973 and effective June 4, 1973, states that it is possible for a Municipal Planning Board to designate a road as a scenic road. The De- partment of Community Affairs believes that if a municipal Planning Board recommends to Town Meeting, and Town Meeting so designates, it can become a scenic road. This Act makes it possible for a municipal Planning Board to veto the removal of trees or stone walls in certain road projects otherwise under the jurisdiction of Town officals or agencies. Whether the Act applies only to accepted Town ways or also to private ways in public use and wholly private ways is not expressly stated. The implication is that only publicly owned roads are covered. County roads seem to be included. It points out that enforcement pro- cedures are not spelled out, so Town Counsel would have to be consulted about this. Mr. Wathan-Dunn: The Act was signed on March 6th without a pre- amble. We are in the process of preparing a letter to the Planning Board suggesting the problem of.what streets in Lexington become scenic roads. We are attempting to get the idea of who sponsored this in the House, and what constitutes a scenic road, in order to save the work for the Planning Board. Chairman Kenney: The Board is doing this because we feel it is correct and justified. If you look at Maureen Road, it is 30 feet wide and built according to the subdivision regulations of the Town. We are going to go forward and when the project is completed, you will have a safe street and a sidewalk. These will represent major improvements. Upon motion duly made and seconded, it was voted to approve the Massachusetts Department of Public Works plan for the design of East Street, with the deletion of three trees: 36 + 02 left 23" 0, 36 + 38.5 left 31" M, 36 + 74 left 30" M. Mr. McSweeney is to be instructed to make arrangements to post the trees on East Street on April 24 and to hold tree hearings on April 30, 1973. Mr. Stephen Politi, Chairman of the Youth Advisory Commission, met with the Board to request changes in the By -Laws of the Commission by having the appointments made by the Selectmen in June of each year, Youth instead of April, for a term of office from July 1 to June 30.. Also, Commission by reducing the size of the Commission from 28 to 22 members, by the deletion of the Clergyman, Recreation and School Committee, having 1. teacher instead of 3; 7 members from organizations of and for young people, instead of 10 members. Mr. Politi: This reduction is necessary to make meetings more manageable and to allow a chairman to get to know everyone in a way that is necessary in order to get things done. Attendance seems to drop off with very large committees. 1 Selectmen's Meeting April 23, 1973 Mr. Buse: I believe in the inception of an Ad Hoc Committee. One of the main points brought out is that we should have a number of youths on it, .not adults. We should have a member of the Recreation Committee and a member of the School Committee, so that if there were any youth activities or information pertaining to the school, the school would have a direct line. Originally, the Clergyman was put on just as a religious background, and we never found a minister to serve on it. I strongly recommend an Ad Hoc Committee and keep a Recreation Committee and a School Committee mem- berand the students will still outnumber the adult population. Upon motion duly made and seconded, it was voted to amend Section 2 of the By -Laws for the Lexington Youth Advisory Commission. For the record, the complete By -Laws are as follows: BY-LAWS FOR LEXINGTON YOUTH ADVISORY COMMISSION Section 1. The Town shall have a Youth Commission which shall make recommendations to the Board of Selectmen on matters pertaining to the youth of the town which the Commission selects and on such matters as the Board of Selectmen may request, and shall make recommendations on all proposals and requests for appropriations by the Town for youth ser- vices and facilities, excluding only those proposals presented'by the School' Committee. Section 2. Members of the Commission shall be appointed in June each year by the Board of'Selectmen for a term of one year except that Members shall continue in office until their successors have been duly appointed and qualified. Members of the Commission shall be as follows: a memberof the Board of Selectmen, a member of the School Committee, a member of the Recreation Committee, and the Chief of Police, or their designee; one from the Executive Board of the Town Meeting Members' Association; one Lexington Public School teacher; nine Lexington Public Schools students; seven from among nominees received by the Board of Selectmen annuelly_from organizations of and for young people:, no more than One member to be appointed from any one organization. Section 3. The Commission shall, as soon as possible after the annual appointment of new members to the Commission, meet for the purpose of organization. The Commission shall slake rules for the conduct of its business and shall keep accurate records of its meetings and actions which shall be reported in writing to the Board of Selectmen. The Commission shall elect a seven -member Executive Comrrrittee, which commit- tee shall carry on the day-to-day business of`the Commission. The Commission shall elect its Chairman from among the members of the Execu- tive Committee, who shall also serve as Chairman of the Executive Committee. The Commission may hold public meetings and' invite any town officer, employee, citizen or person to attend and to give such informa- tion as he may have which will assist the Commission upon any public matter coming before it for consideration. 117 118 Arts & Crafts I.D. Card Cert. of I ncorp. DPW Sign Contract 72-5-E High School Parking Regulations Selectmen's Meeting April 23, 1973 Section 4. The Commission shall assume responsibilities such es, to: prepare a comprehensive town -wide inventory of youth programs, services and facilities and continually review this inventory; identify the problems and needs of the youth of the town; evaluate the capacityof the existing programs, services and facilities to deal with the chang- ing needs of the youth of the town; promote communication between youth, parents and groups concerned with youth; serve as an information source for all; provide an open 'forum for public discussion of new programs;. supply leadership for community needs which are not being met by exist- ing organizations; promote programs which are designed to stimulate understanding of the problems of youth; or other unspecified activities which may be significant for the youth of the Town. Section 5. The Commission shall prepare, publish and distribute to the Town Meeting each year a report of the activities of the Commissionaand the Commission's recommendations on all proposals and requests for appropriations for youth services and facilities, excluding only those proposals presented by the School Committee. The Board agreed to inform the Ceramic Guild of the Lexington Arts and Crafts Society that it had no objection to the Guild conducting the annual pottery sale on May 12, 1973 from 10:00 a.m. to 5:00 p.m. on the front lawn of the Arts and Crafts Society property. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a Liquor Identification card for Nancy H. Sheffield, 13 Sherman Street. Upon motion duly made and seconded, it was voted to certify the character of Elihu Petnov, 73 Laconia Street, who has applied for Certificate of Incorporation "Alianza Mecanica Internacional Inc." Chairman Kenney read a report from the Director of Public Works stating that his department has taken care of the request of Mrs. Martha Olson to clean up debris on Marrett And Stedman Roads. Mrs. Olson's request for traffic signs will have to be referred to the State DPMI as Marrett Road is a State highway. Upon motion duly made and seconded, it was voted to sign Contract 72-5-E, Sanitary Sewer Construction, which was awarded on April 2, 1973 to Andreassi Bros., Inc., West Roxbury, in the amount of $219,902.90. The Board discussed a request from the School Committee to adopt regulations governing parking and traffic of motor vehicles on High School grounds. Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Selectmen's Meeting April 23, 1973 Chairman Kenney read the certification from Secretary Davorenc.of the total population of Lexington being 33,412 residents. Lexington Population Chairman Kenney,read a request from the Director of Public Works for approval of hours pt Hartwell Avenue Sanitary Landfill. Hartwell Upon motion duly made and seconded, it was voted to approve the Landfill request of the Director of.Public Works for the hours of 8:00 a.m. to Hours 7:00 p.m. beginning April 30 through October 26, 7 days a week, at the Hartwell Avenue Sanitary Landfill. 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, would adversely affect the public security, 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. Executive Session The Buckman Tavern Structural Renovations Committee met with the Board. Mr. O'Connell: There were five bids received and the three low bidders were Thomas O'Connor and Company, Inc., Cambridge, $80,994.00; Buckman R and M Wood Products, Inc., Brighton, $91,350.00; Donald S. Tait Tavern Company, Inc., Belmont, $98,361.00. All of these contractors are con- Repairs sidered highly qualified. $5,000 would be added for supervision and Contract tests, and $15,000 for contingencies. This would be within the $120,000 appropriated at Town Meeting. Mr. G. Warren Butters, Chairman of the Committee: Our Committee recommends that the contract for repair and control work at Buckman Tavern be awarded to Thomas O'Connor and Company, Inc., in accordance with his bid. It was agreed to request the Architect, Mr. Muirhead, to schedule the work for the project as soon as possible. Upon motion duly made and seconded, it was voted to award the contract for repair and control work at Buckman Tavern to Thomas O'Connor and Company, Inc., 238 Main Street, Cambridge, in the amount of $80,994.00. Upon motion duly made and seconded, it was voted to adjourn at 9:40 p.m. A true record, Attest: jij; 1 Executive Clerk, Selectmen 120 Treasurer Gasoline SELECTMEN'S MEETING April 30, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's meeting room on Monday, April 30, 1973, 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/Engineering; Mrs.-MeCurdy, Executive Clerk, were present. Mr. Louis A. Zehner, Town Treasurer, met with the Board to request approval of borrowing $1,500,000 in anticipation of tax revenue. The State has not approved the 65 percent reimbursement for the Clarke Junior High School and it will not be•received until after July F. His recommendation was to award the contract to the three lowest bidders. Upon motion duty made and seconded, it was voted to award the con- tract for borrowing 51,500,000 in anticipation of tax revenue, notes to be dated May 4, 1973 and payable November 1, 1973, to the following banks: Harvard Trust Company 5500,000 3.83% Lexington Trust Company 500,000 3.85% New England Merchants National Bank 200,000 3.87% First Nation& Bank of Boston - 150,000 3.87% State Street Bank and Trust Company 150,000- 3.87% Mr. Zehner discussed early financing of the library bonds and said it would be possible to sell the -issue in June but date it after July I and still avoid principal payments until after our 18 -month -fiscal period. He recommended deferring the bonding of sewers because contracts are being signed -on the 1972 Town Meeting sewers. It may be 6 t613 months before we would need any sewer money and, instead of borrowing, we could invest the money for 7 percent. The market is such that we expect if we go to market -in late May or early June, we hope to get a 4.6 percent rate. He is to meet with the Appropriation Committee and the Capital Expenditures Committee and come back to the Board at the next'- meeting. Chairman Kenney: If you go for 20 -year maturity, would it -be two issues? Mr. Zehner: No, it would be a blended bond, a single issue; equip- ment would be for 5 years and alterations for 10 years. The Board agreed that Mr. Zehner is to make arrangements for financing the Library in early May or June but the decision on the maturity of the issue is to be postponed until the next meeting. Mr. O'Connell discussed the gasoline situation. He advised the Board that the special contract with American Oil for no -lead gasoline expires on May 1 and they do not intend to renew it. Police cruisers are the only cars using no -lead gasoline. We have been able to obtain Selectmen's Meeting April 30, 1973 a supply from Atlantic Richfield and they have agreed to quote on no - lead. It does not look encouraging with respect to renewal of our contract with Mobil Oil for regular gasoline, and they show no inter- est in re -bidding. He is exploring the possibility of getting Atlantic Richfield to supply us, and will report back to the Board on results of his efforts. Mr. McSweeney informed the Board that tree hearings were held on East Street this morning and it was agreed that he will talk with Dr. Oratch, 2 Maureen Road, and Mr. Sykes, 191 East Street, and review the situation on the. two trees during construction. Chairman Kenney read a request from Mayor Clark of Waltham for approval of the Waltham Ancillary Planning Board Manpower Plan for 1974, which is to be incorporated in the Comprehensive Manpower Plan for Massachusetts. Mr. O'Connell advised the Board that Lexington's representatives, Mr. Mongiello and Mr. Weiss, have attended the meetings and are in agreement with the report. However, he has reservations about minor points and would like clarification. In essence, he feels the report is satisfactory as to statements. The Board agreed to inform Mayor Clark of approval of the plan. Chairman Kenney read a letter from Mr. Jaquith, Chairman of the Historic Districts Commission, stating that if the Selectmen wish to change the color of the Central Fire Station to white, it can be done without the approval of the Commission. Mr. O'Connell: We explained to Historic. Districts that we planned to paint the trim and also planned to re -paint the front. They asked If we planned to change the color and we said no. The feeling we got was they were quite content with the color, and I don't see anything wrong with the present color. Chairman Kenney: Assuming we can get it for the same cost, we will go back to white. The Board agreed and Mr. McSweeney will be informed that when the contract for the re -painting of trim of the Central Fire Station is let, if it is possible to have the color changed to white without incurring additional expense, it should be done. If it would require two coats to paint it white, then it should be painted in the existing cream color. Mrs. Lois Brown, Chairman, and members of the Planning Board met with the Selectmen to discuss the proposal of the Boston Transporta- tion Planning Review for the MBTA Red Line Extension to Route 128 in Lexington. Mr. Robert Bowyer of the Design Advisory Committee was also present. 1 12.1 Tree Hearings Ancillary Planning Board Manpower Plan Central Fire Station Paint MBTA Red Line Exten- sion to Route 128 122 Selectmen's Meeting April 30, 1973 Chairman Kenney: Mrs. Brown and I feel we should respond to the degree with which we should commit ourselves. Perhaps, to appoint a joint Sub -committee to come up with an initial evaluation and then send the feeling of the Town to the Governor. Mrs. Brown: Mr. Bowyer is here and his question is "Should the META Red Line Rapid Transit be constructed through the Town to Route 128?" Also, to focus on what the implications of that really are to the Town and if the answer is yes, to set design criteria. The negotiating strategy, to insure that the extension will be built on terms acceptable to the Town, ought• to be built into our reply to the Governor. The Planning Board has no single voice. Mrs. Riffin: We would have to investigate more thoroughly the extension to Route 128. If we had people who are experts in transpor- tation, it would be very valuable to have their Erput; to have some professionals and Board people, and maybe we could then come to a better understanding of the two Boards and have a more thorough understanding of the problem. Also, we would have a more educated opinion of how we feel this would affect Lexington. • Chairman Kenney: We would ask the committee to tackle the prob- lem without broadening the base of our group. Actually, it is only an initial reply. Mr. Eric Clarke: I would agree on Phase 2, which is basically an engineering study, but I think Phase I tends to be more political. I think we should be participating in it. In the process of prepar- ing Phase 1, it would be valuable to have members of your Board and our Board on the committee. Mrs. Brown: There is some uncertainty of the Planning Board as to how much time we have. In the summary report (BTPR), there is a deadline of May 16. We have no information other than what was given, and I would suggest a statement from the Town immediately, saying that the time we have had to review has been limited. Information in the report is limited. We are able to undertake a 1 to 2 months' investi- gation as to what it would mean in Lexington. At the moment, we do not support it, and the statement would be a request for more time. Chairman Kenney: I agree. We will reply to Secretary Altshuler tomorrow. Mrs. Brown: State in it that this investigation is about to get underway and give the Secretary of Transportation a date. Chairman Kenney: I met with Don Simpson of BTPR and if he is talking 3,000 people a day using it, we have some traffic problems. Selectmen Brown: I have been to more Red Line meetings during the past six months and I have been impressed by the fact that we have always had the same report. We have had no more facts since we got the first preliminary report. I think we should get the Design Advisory Committee to give us facts. Selectmen's Meeting April 30, 1973 Mr. Bowyer: It is interesting that a change occurred in BTPR highway bias. They were reviewing a way of getting a Route 2 extension from Arthur D. Little through Cambridge, and they swung around to public transportation. In the early part, Cambridge felt if we could just get the extension of Alewife. Arlington took a look at the consequences of having the terminal at Route 2 and Alewife and advocated it caning to Arlington. Somerville advocated an alignment through DavisSquare. As the report states, there is no detailed engineering beyond Arlington Center; from Arlington Center to Route 128 is very preliminary. There is specific discussion by those communities involved of the lack of details from Arlington to Route 128 and there is an absence of factual information. Cambridge, Somerville and Arlington have become bullish as to the prospect of having it all the way to Route 128, and it probably is not wise to reach for such an undertaking. But these munic- ipalities are saying lets have the federal government involved or we will have to do it i,n stages. After meetings held by the Arlington Board of Selectmen and, also, the Cambridge City Council, the recommenda- tion coming out of both of these meetings was to go all the way to Route 128. Lexington is now in the center of the stage and it is time to really take a hard look at what is involved. What the Design Advisory Committee can do is to look at the implications in a broader sense. Engineering details are lacking, how do you get access to the Center, and what happens on re -zoning? Also, if the Town takes a positionithat it doesn't want it to come this far and to have the terminus at Arlington Heights. Chairman Kenney: Even though you wouldn't have engineering data, the Committee could address itself as to how it would come through the Town. Mr. Clarke to Mr. Bowyer: Do you picture this as a 2 -phase ap- proach? Mr. Bowyer: We could. The resources of the people involved are limited. We can indicate the questions that need to be asked. Mrs. Brown: Should we have a meeting of the two Boards in three weeks? Would that be productive? Mr. Bowyer: Yes. It was agreed that Mr. Brown is to represent the Board of Select- men and Mr. Clarke is to represent the Planning Board as members of the Sub -committee on the MBTA Red Line Extension to Route 128, and to report back within approximately 60, days. A joint meeting of the Board of Selectmen, Planning Board, and Design Advisory Committee is to be held in three weeks. Chairman Kenney read an invitation from the Town Celebrations Committee to attend a ceremony conducted by the USS Lexington on the Green on Sunday, May 6, 1973, at 2:00 p.m. Members of the Board are to attend. 123 USS Lexington 24 Town Cele- brations Committee Resigna- tions Tax Title Cert. of Incorp. Permit Youth Base- ball League MBTA Senior Citizens Passes Regulations for Conser- vation and Parks Willard's Woods Selectmen's Meeting April 30, 1973 Chairman Kenney read letters of resignation from Marilyn Hall and Thelma Reed as members of the Town Celebration Committee. • Upon motion duly made and seconded, it was voted to accept the resignations of Mrs. Marilyn Hall and Mrs. Thelma Reed as members of The Town Celebrations Committee. Chairman Kenney read a letter from Mr. Benjamin H. Golini, 37 Balfour Street, offering to purchase tax title Lots 476 and 477 on Balfour Street for the sum of $4,000. It was agreed to inform Mr. Golini that the Board had voted on February 5, 1973 to extend the moratorium to September 30, 1973 on the sale of tax title lots, therefore, was not considering offers at this time. Upon motion duly made and seconded, it was voted to certify the character of Thomas W. O'Connor, Jr., 273 Woburn Street, who has applied for Certificate of Incorporation "The Investment Committee of the Economics Club of Boston State Col)-ege, Inc." The Board agreed it has no objection to members of the Lexington Youth Baseball League selling car stickers throughout the Town on Saturday, May 5, 1973. Chairman Kenney informed the Board that Cary Hall has been re- served on May 14 from 1:30 to 4:00 p.m. for the registration of Senior Citizens for Half -Fare MBTA passes. Chairman Kenney ready a letter from Dr. Leader, 17 Fairfield Drive, regarding the inability of Police to enter conservation land behind his property. Also, because of the increase in motorcycles speeding in this area'.; it is especially hazardous to children. The Board agreed to inform Dr. Leader that Police Chief Corr expects to receive a small scooter to be used on a trial basis •for effectiveness in patrolling such areas. Town Counsel and the Traffic Committee are to be requested to submit recommendations updati-ng the Rules and Regulations for Park and Conservation Land in order to institute a regulation to prohibit the use of motorized vehicles in conservation areas without special permission. Mr. O'Connell advised the Board that Chief Corr is concerned about conditions at Willard's Woods. We open up these areas for recre- ation and we don't know what to do about the abuse. Mr. Brown: The regulations should include some protection for private ownership land. The Great Meadows really is a problem as fires are set. The Board agreed that Mr. O'Connell is to meet with Police Chief Corr, Town Counsel, and the Director of Public Works and come back with a report on updating the rules and regulations. Selectmen's Meeting April 30, 1973 Chairman Kenney read a letter from Mrs. Julie Cadle, 15 Meriam Street,complaining about parking in her area. Upon motion duly made and seconded, it was voted to refer Mrs. Cadle's letter to the Traffic Committee. Also, to request that the Committee look at the portion of Massachusetts Avenue in front of the Town Office Building and the Meriam Street area in order to submit recommendations as to parking restrictions. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification cards for the following: Lizabeth B. Stang, 65 Bertwell Road; David D. Morrell, 1556 Massa- chusetts Avenue. Upon motion duiy,made and seconded, it was voted to approve the minutes of the Selectmen's meeting on February 5, 1973. 25 Parking Meriam St. and T.O.B. - at Mass. Ave. Liquor I.D. Cards Minutes Upon motion duly made and seconded, it was voted to sign a water Water Abate - abatement for Leon A. Shriber, 8 Ballard Terrace, in the amount of ments $61.35 - wrong reading. Chairman Kenney read requests from the New England Telephone and Telegraph Company and the following votes were recorded: Upon motion duly made and seconded, it was voted to approve the following installations, as requested by the N.E.T. & T. Company: Massachusetts Avenue: Easterly side, approximately 110 feet northerly, from the southerly end of Curve Street, one (1) manhole 54/26A, to be built over existing conduit. Hancock Street: NET&T Company Manhole Installation Curve Street On the easterly side approximately 346 feet south of Edgewood Road place one (1) manhole. Upon motion duly made and seconded, it was voted to approve the request of the N.E.T. & T. Company for the abandonment of two poles in the following location: Meriam Street: Approximately 3 feet and 141 feet northeasterly from Massachusetts Avenue, two (2) poles. Upon motion duly made and seconded, it was voted to authorize Mr. John J. McSweeney, Director of Public Works/Engineering to act as representative of the Town to sign the application requesting funds for State Aid on the Hayes Lane Relief Sewer Project. Hancock St. Poles Meriam St. Hayes Lane Sewer 26 License Executive Session Summer Meetings Selectmen's Meeting April 30, 1973 Upon motion duly made and seconded, it was voted to sign the Intelligence Office License (employment Agency) for Starrett Asso- ciates, Inc., 2 Militia Drive, Lexington. 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, financial interests of the Town or the reputation of a person. After discussion of appointments of Committee Members, it was voted to go out of Executive Session. The Board discussed dates Upon motion duly made and following dates- at 7:30 p.m.: July 30, August 13, August 27, Upon motion duly made and 9:50 p.m. A true record, Attest: for summer meetings. seconded, it was voted to meet on the June 4, June 18, July 2, July 16, September 4, 1973. seconded, it was voted to adjourn at Executive Clerk, Selector 1 1 1 SELECTMEN'S MEETING May 7, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday everang, May 7, 1973 at 7:30 p.m. Chairman Kenney, Messrs. Buse, Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager, Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; and Mrs. McCurdy, Executive Clerk were present. 'Mr. O'Connell recommended that the Board sign the contract with C.E. Maguire, Inc. in the amount of $13,500 for engineering services at the Hartwell Avenue Sanitary Landfill, to include design drawings show- ing the development of the landfill and an engineering report to include site improvements, hydrogeology; operation procedure, ultimate use of completed landfill, capital and operating costs. Funds for this project were appropriated under Article 28 of the 1973 Annual Town Meeting. Upon motion duly made and seconded, it was voted to sign the con- tract with C.E. Maguire, Inc., in the amount of $13,500 for engineering services at the Hartwell Avenue Sanitary Landfill. Mr. O'Connell discussed the 1973 Excise Tax bills and advised the Board that errors have been made in the bills received from the Registry of Motor Vehicles because its' records have not been updated. We have received about 4,000 and about 18,000 more bills wi::II be received by the Tax Collector. We are looking intothe situation and have been manually checking the bills. We have been told it will be another year before the matter is straightened out. Mr. O'Connell reported to the Board that an inquest into the death of Loren Haskell will be held by Judge Forte at the Concord District Court on May 11, 1973. Mr. O'Connell informed the Board that Cherry Sheets have been re- ceived and the figures for Lexington are close to what we estimated, so the results do not appreciably change the tax rate we forecast. Mr. Cohen recommended that the Board sign the contract with Whitman and Howard for Engineering Services in connection with the Hayes Lane Sewer. Upon motion duly made and seconded, it was voted to sign the con- tract with Whitman and Howard for Engineering Services in connection with the Hayes Lane Sewer. Mr. Cohen recommended that the Board sign the contract for repair and control work on the Buckman Tavern, which was awarded on April 23, 1973 to Thomas O'Connor and Company, Inc., Cambridge, in the amount of $80,994.00. 127 Sanitary Landfill Engineer- ing Contract 1973 Excise Tax Bills Police Loren Haskell Cherry Sheets Sewer Hayes Lane Buckman Tavern 128 Orders for Street Con- struction Damages Holland St. Damages Fern St. Selectmen's Meeting May 7, 1973 Upon motion duly made and seconded, it was voted to sign the con- tract with Thomas O'Connor and Company, Inc., for repair and control work in the amount of $80,994.00', Chairman Kenney Construction for the Subdivision Streets Barrett Road requested the Board tosign the Orders for,Street following streets: Bond Road John Poulter Road • Vi les Road Worthen Road Betterment Streets: Grassland Street from Worthen Road, a distance of 714 feet, more or less. from John Poulter Road, a distance.of 281 feet, more or fess, Westerly.. from Worthen Road to Winthrop Road, a dis- tance of 1,231 feet, more or less. from John Poulter Road, a distance of 288 feet, more or less. from Waltham Street, a distance of 1,053 feet, more or less. from Payson Street, a distance of 1,050 feet, more or less, Easterly to Valleyfield Street. Holland Street from Taft Avenue, a distance of 200 feet, more or less, Northeasterly to end. Relocation of'Fern St, from the Westerly sideline of Pleasant Street, a distance of 100 .feet; more or less, Southwesterly. The Board discussed awards of damages on Holland Street and the intersection of Pleasant and Fern Streets, as recommended by Mr. McSweeney. Upon motion duly made and seconded, it was voted to award.damages in the amount of $500.00 to Lucidino and Marguerite Burri, 29 Hillside Avenue for Lot 120 Holland Street as a result of takings for the Holland Street Acceptance. Upon motion duly made and seconded, it was voted to award damages in the amount of $150.00 t� Richard J. and Glenda M. Milewski, 11-13 Pleasant Street, as a result of taking at the intersection of Fern and Pleasant Streets. Selectmen's Meeting Upon motion duly made and seconded, it was Chairman to sign the Liquor Identification card Webb Street. Upon motion duly made and seconded, it was character of the following who have applied for poration: May 7, 1973 voted to authorize the for Karen Teague, 9 voted to certify the Certificate of Incor- Alan G. Adams 15 Somerset Road Leon A. Burke, Jr. 5 Frances Road "New England Press Association Scholarship Fund, Inc." 129 Liquor I.D. Certificate of Incorpor- ation Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting held on February 12, 1973. Chairman Kenney read a report from the Director of Public Works/ Engineering, regarding the letter from the Lexington Mews for the re- moval of the Town -owned fence which abuts the rear of their property at 10-121,Mezzey Street. Mrs. Samoylenko had stated in her letter of Lexington March 27, 1973 that "we are wilting to install a paved sidewalk of suf- Mews ficient width to install parking meters on the raised portion of the sidewalk and to provide a concrete curb and necessary paving at the town parking lot. After serious consideration of the operation of the Lexington Mews, we believe that the entire removal of the fence would be the most satisfactory solution both aesthetically and practically. We also believe that the provisions of a raised sidewalk and curbing is an effective pedestrian control and, in fact, is safer than channelling people into the parking lot to get into their cars. We hope we may hear from you favorably on this, and look forward to working with you and .the Engineering Department to resolve this problem." The Director's report is as follows: !'Please be advised that we have no objections to this proposal as stated except for the following: I. That the curbing be granite instead of concrete; 2. That the sidewalk and curbing be installed within two feet of the Town owned portion allowing for the replacement of the existing parking meters on Town owned property; 3. That the type of material to be used for the sidewalk be de- fined; 4. That the future maintenance and repair of the sidewalk be clearly understood that it is the responsibility of the owners of the affected property; 130 Drainage 18 Hamblen Street Traffic Bedford & Eldred Sts. Selectmen's Meeting May 7, 1973 5. That the petitioner provide for any fencing of abutters' property in order to insure against trespassing and to provide fon proper pedestrian traffic between Lexington MEWS and the Town owned parking lot. While we agree that this proposal permits good traffic and pedes- trian circulation, we recommend that the Town obtain some assurances that the abutters will suffer no added inconveniences and additional expenses as a result of this request." Upon motion duly made and seconded, it was voted to instruct the Director of Public Works/Engineering to remove the Town -owned fence which abuts the rear of the property owned by the Lexington Mews at 10-12 Muzzey Street. It was agreed to write to Mrs. Samoylenko and enclose a copy of the report. She is to be informed that the vote of the Board was made with the mutual understanding between her and the Town as to the con- ditions contained in the report. Also, she is to coordinate and com- plete her portion of the sidewalk in. accordance with these conditions. Mr. McSweeney will contact her to work out the details of this agreement prior to the removal of the fence. Chairman Kenney read a letter from Alden F. Westerlund, 18 Hamblen Street, regarding poor drainage conditions in his area. Upon motion duly made and seconded, it was voted to table the matter pending a report from the Director of Public Works/Engineering. Chairman Kenney, read a letter from Mr. Mistretta of the State Department of Public Works asking if the Town wishes to continue on a, permanent basis the right turn at Bedford Street and Eldred Street. Chairman Kenney: This is obviously not a permanent solution to the traffic situation there. Mr. McSweeney: One of the most serious things is the violation of people making a left hand turn coming out of Eldred Street. Other than that, there has been no citizen reaction. Mrs. Riffin: It does not help citizens getting across the street, and it might prevent having the State put in a traffic Light. . Chairman Kenney to Mr. McSweeney: Have you checked with the State regarding the TOPICS program? Mr. McSweeney: Only in a preliminary way; it has not been evaluated to see if it meets the Warrant design wise. It stili remains to be seen whether it will be included in TOPICS but the Planning Board will be coming back with recommendations. Mrs. Riffin: Can we say to continue it until a more satisfactory situation is determined. 13 Selectmen's Meeting May 7, 1973 Chairman Kenney: Why not send it to the Traffic Committee and, also, ask Chief Corr for his comments. Mr. McSweeney can evaluate it within a very short period and then talk with the State Department of Public Works. • The Board agreed. Upon motion duly made and seconded, it was voted to refer the matter to the Traffic Committee. Mrs. Mary Jane Eplett, 28 Constitution Road, met with the Board td discuss the water which periodically comes into her basement as a result of a problem with the pumping station located opposite her property. Mrs. Eplett: We have lived here approximately 9 years and we are affected by the situation at the pumping station and we have a serious drainage problem in our basement. My house is the only one seriously affected. Two years after we moved in, in 1965, there was a failure of the pump and the timer on the pumping station failed to go off at the Police station. We called the Police as our basement was inundated with sewer water. They repaired the pumping station but it happened several more times and there is a problem with drainage around my house. On Friday, 1 called Public Works because of the water coming into our base- ment because of the sewer; apparently, something else happened to the pump. They again repaired whatever happened at the station. I am very Drainage happy with my house and realize there is an outside drainage problem but Constitu- sewer water is more than 1 can contend with; it could be a serious health tion Road problem. At one time I was told to destroy everything in my basement and I brought suit against the Town and was going to go to court; I was told it would be advisable to settle out of court and 1 did settle. Mr. McSweeney has been marvelous and the crew arrived and cleaned out my base- ment. This involved the Engineering Staff going into my cellar but my property was dug up outside without my authorization. I know nothing about engineering problems and why 1 am the only one affected.. 1 am not at home all day to be the watchdog for that pump; why it burns out, I don't know. Apparently, the problem existed before 1 bought the house and I am getting very tired of it. Mr. Coscia said to have loam put around the property and get a sump pump. Chairman Kenney: Do you have water every time it rains? Mrs. Eplett: No; there has not been water in the basement when it rains. It used to come in the•rear of my house through a slit area when 1 first bought the house but now it has worsened. Last spring, I had water when we had torrential rains. Mr. McSweeney: She says it happened and that it had been coinci- dental with the pump.going on and off. 1 had water tests made and we are convinced that it is drainage water. This year we are going to renew the pumping station but she will still have problems. Frankly, we.don't know how it got in there. Chairman Kenney: Did the water test to be sewer water? Mr. McSweeney: No. Mrs. Eplett: Yet the water was coming through the sewer pipe. 132 Selectmen's Meeting May 7, [973 Mr. Coscia: We put a backwater valve in there and in no way did it fail the last time. When we got to.the pumping station the last time, it was in a bad condition and if she had water she would have had a cellar full of water. We have not found sewer water in that cellar. 1 know the check valve is holding. Mrs. Eplett: You are now saying that you have plans to do some- thing about the pumping station? Chairman Kenney: We have plans and it will be completed.about August 15th. Mrs. Eplett: I will feel happy then, We did bring suit before and different people felt it was sewer water in the basement.. It is very difficult for me to believe there is drainage water. Chairman Kenney: We will take particular precautions in the event you have a problem. Hopefully, you won't have a problem. Mrs. Eplett thanked the Board and retired from the meeting. Chairman Kenney read a petition from the residents of.School Street and Stimson Avenue for a withdrawal of the proposal for a sidewalk on School Street. Chairman Kenney: Mr. James Scanlon of 66 School Street has asked if it would be practical to build a small pedestrian island and to have de - School lineated crosswalks? Street Mr. McSweeney: That doesn't relieve the problem mentioned by the Sidewalk original petitioners. Chairman Kenney: What has been our experience with loading zones and crosswalks? Mr. McSweeney: The only one I know of is the one we built at North Street. Mr. Busa: There is a lot of rush-hour traffic in that area. Mr..Brown: Basically, what these people are saying is that the cost of the sidewalk is a waste of taxpayers' money and they also mention.the reassignment of the Patrolwoman from the corner of Crosby Road and Massa- chusetts Avenue as indicating shortsightedness on the part of the Selectmen or the Traffic Committee. I don't see any positive suggestions in their petition. I don't understand what the solution is. What is the real problem in which we are being taken to task? Chairman Kenney: Four Policewomen. Mr. McSweeney: The solution from a traffic and engineering viewpoint is that these children walk along one route rather than trespass in three locations. Chairman Kenney: That would be the sidewalk. Mr. Brown: They don't want it. Mr. Busa: The solution is education of the children. This situation is the same as at Lillian Road and the abutters don't want the sidewalk on that side of the street. I sympathize, but I strongly feel it is part of the children's education, and a Sidewalk won't.do this. 1 Selectmen's Meeting May 7, 1973 Mrs. John Steiner, 22 Estabrook Road: I represent the people that want the sidewalk. This has been discussed for years and we have had Traffic Safety look at it, and the Board has agreed this is a safety hazard. Before you concluded, there were two solutions open; one was a flashing light, which was turned down by the State. The other rine was one sidewalk and a crossing guard. Chairman Kenney: 1 am not sure we came tb that conclusion. We did conclude that the sidewalk was a public improvement. Mr. Brown: Is there any member of the audience able to offer posi- tive suggestions? No answer. Upon motion duly made and seconded, it was voted to table the matter of the School Street sidewalk. A letter is to be written to the peti- tioners indicating that their objections to the sidewalk were entirely in the negative but the Board would be pleased to hear any positive sugges- tions for alternative methods of alleviating the safety problem for school children in the area. 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, would adversely affect the public security, financial interests of the Town or the reputation of a person. After discussion with the Conservation Commission and the Engineering Department, it was voted to go out of Executive Session and resume the open meeting. Mr. Louis Zehner, Town Treasurer, the Capital Expenditures'Committee, Appropriations Committee and Mr. J. Keith Butters met with the Board to discuss the bonding of the Cary Memorial Library. Mr. Zehner: There was disagreement within each committee but we reached the consensus of bonding the Library for 15 years, with the under- standing that sewers, etc. be financed for 5 years. We agreed in principle to float the issue for the Library in May or June and 1 have Bonding worked it out with the New England Merchants Bank for the sale on June 5. Cary Chairman Kenney: If we bonded for 20 years, we would be in trouble Library with our Moody rating. Mr. Zehner: In a year or a year and a half, it would be bonding for 5 years for the $I million package. Mr. Furash: This was the consensus of the Appropriation Committee, to take the $I million and amortize over 5 years and to relieve this year's tax rate by a longer period for the Library. With 5 and 15, we end up with an average of 10 or llf years. Mr. Cohen: Remember that the Library consists of three parts ... equipment, remodeling and the new addition - and all must be taken separately. So the first 5 years will be heavier. Mr. Whitman: Mr. Butters recommends bonding for 20 years. 133 Executive Session 134 Selectmen's Meeting May 7, 1973 Mr. Silverman: Three members on the Capital Expenditures Committee feel we should go for 10 years. Chairman Kenney: Are the members of the Board satisfied with 15 years? The Board agreed to the bonding of the Cary Memorial Library for 15 years. Mr. Furash agreed that the Appropriation Committee would meet with the Board the early part of June. Chairman Kenney informed the Board that it is the recommendation of Taxi Town Counsel to extend the period of time for current taxi and livery Licenses licenses from May I to June 30, 1973. Upon motion duly made and seconded,•it was voted to extend taxi and livery licenses to June 30, 1973. Traffic Lillian Rd. Executive 'Session The Board discussed a letter from Commissioner Campbell regarding a complaint from Joseph Volante, 85 Lowell Street; of accidents at the intersection of Lowell Street and Lillian Road. Upon motion duly made and seconded, it was voted to refer the matter to the Traffic Committee for a recommendation. 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, would adversely affect the public security, 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 adjourn at 10:30 p.m. A true record, Attest: Executive Clerk, Selectmen 1 1 135 SELECTMEN'S MEETING May 14, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building;,on Monday,:•i4ay 14, 1973 at 7:30 p.m. Chairman Kenney, Messrs. Buse, Brown and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/ Engineering; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney opened the hearing on the application of Mal's Auto Body, 7 Massachusetts Avenue, to increase the storage of gasoline from 1,500 gallons to 5,000 gallons, and to install one 5,000 gallon under- ground tank to service vehicles. Notices of the hearing, which was advertised in the Lexington Minute -man on May 3, 1973, were sent by the applicant to the abutters. Chief Spellman had inspected the premises and had approved the Gasoline location and installation of the new 5,000 gallon underground tank. Mel's Auto Mr. Malcolm Keljikian, owner of Mal's Auto Body, was present and Body explained that because of the capacity of the small tank, it was impos- sible to obtain a contract with any of the petroleum suppliers. It is also imperative that gasoline be available for the tow trucks at any hour as they operate 24 hours a day, 7 days a week. No one being present in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion and to sign the license for Mal's Auto Body to keep and store 5,000 gallons of gasoline in one 5,000 gallon underground tank on the premises at 7 Massachusetts Avenue, Lexington. Mr. O'Connell informed the Board that a request had been received from the National Guard to set up a display on the Barnes' property on National May 19, Armed Forces Day. This would be the same type of equipment as Guard on Patriots' Day last year, which had generated a great deal of interest Barnes by the citizens of Lexington. Property The Board had no objection and Mr. O'Connell is to take care of the details involved. Mr. O'Connell discussed the July 4th celebration and informed the Board that the Lions Club had voluntarily decided to eliminate the fireworks this year. The carnival will be at Parker Field on Sunday, July 1, from 4:00 to 10:00 p.m.; Monday, July 2, and Tuesday, July 3, from 6:00 p.m. to 12:00 M.; Wednesday, July 4, from 10:00 a.m. to 12:00 M. Setup may not take place before Saturday, June 30, at 7:00 a.m. and to stop at 9:00 p.m. All equipment must be removed by 7:00 p.m. on July 5. A night watchman must be on duty, at no cost to the Town, on July 1 through July 4 from 11:00 p.m. to 8:00 a.m. Upon motion duly made and seconded, it was voted to grant permis- sion to the Lions Club to conduct the annual July 4th celebration subject to the conditions of the Town Manager. 4th of July Lions Club 136 Harrington Beautifica- tion Bicentennial Coins -Town Seal Selectmen's Meeting May 14, 1973 Mr. O'Connell showed the Board a plan for the landscaping of the Harrington land which was submitted by the Lexington Field and Garden Club and has been approved by the Department of Public Works. Some bf the trees and shrubs would be supplied by the Town but Mr. O'Connell felt that funds could be requested from the Trustees of Public Trust for the rest of them as the Harrington area could be considered as part of the Battle Green. Chairman Kenney: Could we ask the Trustees for funds for a bench or two in that area? Mr.. O'Connell said it could be included in the request. The Board agreed that Mr. O'Connell is to request the Trustees of Public Trusts for funds for the Harrington area. Mr. O'Connell informed the Board that Richard Michelson of the Lexington Bicentennial Committee has inquired about approval to use the Town Seal on the Bicentennial commemorative coins, which would be about the size of a half dollar. Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Bicentennial Committee to use the Town seal on one side of the Bicentennial commemorative coins. Chairman Kenney read a request from Mr. and Mrs. David B. Dunn, 48 Grapevine Avenue, for the removal of the restriction placed on Lot 38 Grapevine Avenue that no building be allowed on the lot unless combined with the adjoining lot for a period of 99 years. Grapevine Chairman Kenney: In 1958, the Selectmen deliberately voted the Avenue restriction in order to minimize the number of houses to be further Restriction built in the Town on Tots containing only a 50 ft. frontage. This minimal frontage is not allowed under our current Zoning -By -Laws and this general policy of restricting 50 ft. Tots has been contineed by the various Boards of Selectmen. This lot was sold by the Town at a low price which reflected the restriction and, also, the lot was sold in 1970 for a decreased price. Upon motion duly made and seconded, it was Voted to deny the re- quest of Mr. and Mrs. David B. Dunn, 48 Grapevine Avenue,. forthe removal of the restriction placed on Lot 38 Grapevine Avenue. Permit Upon motion duly made and seconded, it was votedto grant'the request of the Lexington Lodge of. Elks for a ceremony on the Green on Flag Day, June 14, 1973, at 7:00 p.m. Chairman Kenney read a request from Fred C. Coughlan,•30 Burling Coughlan ton Street, for the removal of a Targe tree at the corner of his Tree driveway and Burlington Street becauseof his inability to have -perfect Burlington visibility while backing out onto Burlington Street. Street Upbn'motion duly made and seconded, it was voted to refer the request to the Public Works Department for a recommendation. _37 Selectmen's Meeting May 14, 1973 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of February 20, 1973. Chairman Kenney read a request from Attorney Owens, Boston, for a license for Bedford Charter Service, Inc., for morning discharge of patients at the Lynn Veterans Hospital to the Bedford Veterans Charter Hospital and pick-up in the afternoon. License Upon motion duly made and seconded, it was voted to sign the license for Bedford Charter Service, Inc., to travel over Route 128 from the Burlington Town Line to'Bedford Street; Bedford Street from Route 128 to the Bedford town line. 'The Board agreed to notify the Package Goods Stores to close on Memorial Day, May 28, 1973 and, also, to notify the motels, restau- rants and clubs not to serve alcoholic beverages before 12:00 Noon., Liquor Memorial Day Upon motion duly made and seconded, it was voted to grant the request of the Minute Man Associates to hold a block party on Dudley Permit Road and Goffe Road on Saturday, June 23, 1973, from 12:00 N. to 11:00 p.m., with a rain date of June 24, 1973. Members of•the Board agreed to participate in the Memorial Day parade at. 10:00 a.m. Chairman Kenney is to read the proclamation on the Green. Chairman Kenney read a letter from John H. McCann, 12 Vine Street complaining about barking dogs owned by Mrs. Leonie Flannery of 22 Flannery Vine Street. Dog A report was read from Mr. Heustis, Leash Law Administrator, stat- ing that there are six written complaints and two letters on file regarding these dogs. The Dog Officer has reported that he has talked to Mrs. Flannery and she stated that she would try to find another home for the barking dog. The Board agreed to write to Mrs. Flannery and inform her that if she does not remove the dog that does most of the barking, and if the complaints continue, a formal hearing will be held. Mr. Brown agreed to attend the meeting on May 15 in the Lincoln Town Hall for a discussion of the upcoming Massachusetts Aeronautics Commission hearing. Chairman Kenney read a request from Virginia E. Welch for an exten- sion of the Town sewer system to service her home at 29 Hayes Lane. Welch Sewer A report from the Director of Public Works/Engineering stated that Hayes Lane if there are any unexpended funds, her lot will be taken into considera- tion. Mrs. Welch is to be so informed. 138 Selectmen's Meeting May 14, 1973 Contract Upon motion duly made and seconded, it was voted to sign Contract 72-7-E 72-7-E awarded on April 23, 1973 to P. Gioioso & Sons, Inc., for sani- tary sewer construction. Cary Memorial Library Bonding Street Lights Sylvia St. Executive Session The Board agreed to hold the appointments to the Historic Dis- tricts Commission and the Board of Appeals until next week. Mr. O'Connell informed the Board that Mr. Zehner, Town Treasurer, requests approval of the Board for a change from 15 years to 13 years for bonding the Cary Memorial Library. The bank made a computer print- out of the scheduling of the maturity and recommended 13 years as there was a less favorable market for 15 years. The Appropriation and Capital Expenditures Committees are in agreement with this change. The Board had no objection and agreed to bonding thhCary Memorial Library for 13 years. Chairman Kenney read a report from the Director of Public Works/ Engineering recommending the Installation of two street lights on Sylvia Street, as requested by George E. Allen, 18 Sylvia Street. Upon motion duly made and seconded, it was voted to request the Director of Public Works/Engineering to petition the Boston Edison';Coa- pany for two additional street lights on Sylvia 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, 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 9:35 p.m. A true record, Attest: •ay/- ecutive Clerk, Selectmen SELECTMEN'S MEETING May 21, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday evening, May 21, 1973, 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/Engineering; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney opened the hearing on the petition of the N.E.T. & T. Company and Boston Edison Company for the relocation of a pole on Cres- cent Hill Avenue. Notices of the hearing were sent to the abutters and filed with the Director of Public Works. Chairman Kenney read a recommendation from Mr. Coscia, Department of Public Works Manager, that permission be granted to relocate the pole for the purpose of construction of a new driveway. Mr. Dunn, representing the Telephone Company and Mr. Martin repre- senting the Boston Edison Company, were present and explained that the pole is being moved to the property line. No one being present in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone and Telegraph Company and the Boston Edison Company for the following location: Crescent 11111 Avenue: Westerly side, approximately 112 feet north- westerly from Evergreen Lane one (1) pole also, remove one (1) pole. Chairman Kenney opened the hearing on the petition of the N.E.T. & T. Company and Boston Edison Company for the relocation of a pole and anchor guy on Columbus Street. Notices of the hearing were sent to the abutters and filed with the Director of Public Works. Chairman Kenney read a recommendation from Mr. Coscia, Department of Public Works Manager, that permission be granted to relocate the pole and anchor guy for the purpose of construction of a new driveway. Mr. Dunn, representing the Telephone Company and Mr. Martin repre- senting the Boston Edison Company, were present and explained that the pole is being moved to the property line. No one being present in favor or in opposition, the hearing was declared closed. :'.Uponlotion duly made and seconded, it was voted to grant permis- sion to the New England Telephone and Telegraph Company and the Boston Edison Company for the following location: 4.39 Pole Crescent Hill Ave. Pole Columbus Street 140 Conduit Meriam Street Poles Blinn Rd. Selectmen's Meeting May 21, 1973 Columbus Street: Approximately 561 feet, south- westerly from Cedar Street one (1) pole also one (1) anchor guy off pole 20/3. Chairman Kenney opened the hearing on the petition bf the Boston Edison Company to lay and maintain 135 feet of conduit on Meriam Street. Notices of the hearing were sent to the abutters and filed with the Director of Public Works. Chairman Kenney read a recommendation from Mr. Coscia, Department of Public Works Manager, that permission be granted to install the conduit for the purpose of elimin- ating the overhead wiring on Meriam Street from Massachusetts Avenue to the Boston & Maine Railroad. Mr. Martin of the Boston Edison Company said that the Town requested that this work be done. No one being present in favor or in opposition, :the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company to lay and maintain conduit at the following location, with the under- standing that once the work is completed, the'Boston Edison is to petition for the removal of the existing poles: Meriam Street: From a point approximately 178 feet northeast of Massachusetts Avenue, a distance of about 135 feet - conduit. Chairman Kenney read a request from the N.E.T.& T.Co. and the Boston Edison Company regarding five poles on Blinn Road. A report from Mr. Coscia, Department of Public Works Manager, states that Blinn Road has become an accepted street and this requires that the N.E.1. & T. Co. and Boston Edison Co'. receive a grant of location from the Town to maintain their poles on Blinn Road. He has reviewed the locations and recommends that permission be granted to lo- cate said poles. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone and Telegraph Company and Boston Edison Company for the following location: Blinn Road: northwesterly side, from a point approxi- mately 33 feet southwest of Hickory Street, three (3) poles. 1 141 Selectmen's Meeting May 21, 1973 Blinn Road: southeasterly side, from a point approxi- mately 345 feet southwest of Hickory Street,-- Two (2) poles. Rev. Harold Handley, Director of Guides, met with the Board for the appointment of thirty-one Guides for the Town of Lexington. Chairman Kenney welcomed the new Guides and presented a Guides Guide License to each one. Upon motion duly made and seconded, it was voted to ap- point the following Guides of the Town of Lexington: Reappointments Harvey Bass Leslie Field Henry Friedman Jeanne Ganshirt Brad Golden David Kornetsky Bruce Labitt Jeff Moskow Christine McCormack Mark Nichipor Paul O'Shaughnessy Christopher Purdy Richard Seaman David Titus Stephen Warshawer Doug Wissoker Appointments Karl Block Julie Dyer Graham Eacock Stephen Engelborg Marjorie Fine Richard John Daniel Kahne Paul Keeler David Kolodkin Robin Miles Vicki Morganstern Claudia Sauermann Katie Touart Alan Wachman Cheryl Wang Mr. Zehner, Town Treasurer, met with the Board to re- quest approval of borrowing $1,250,000 in anticipation of tax revenue loan. Nine bids were received and he recom- mended that the awards be given to Lexington Trust Company, Newton Waltham Bank and Trust Company, and the New England Treasure] Merchants National Bank and the Harvard Trust Company. Upon motion duly made and seconded, it was voted to borrow $1,250,000, notes to be dated May 25, 1973 and pay- able November 2, 1973, from the following banks: Lexington Trust Company Newton -Waltham Bank and Trust Company New England Merchants National Bank Harvard Trust Company $500,000 3.98% 250,000 4.02% 250,000 4.02% 250,000 4.02% 142 Assistant Assessor Cherry Sheet School Aid Selectmen's Meeting May 21, 1973 Mr. O'Connell informed the Board that Thomas Wenham has been selected to be the Assistant Assessor, effective June 1, 1973, due to the retirement of Cornelius Cronin. Mr. Wenham was chosen because of his background and familiarity with the Town. Also, he is to complete an advance course in real estate of Northeastern next month. Mr. Cronin's retirement date is May 1, 1973 but he is to continue his service with the Town for a few months in order to assist Mr. Wenham. Mr. O'Connell informed the Board that he had attended a meeting of Municipal Managers to discuss the suit against the State by the City of Lowell on the alleged illegality of the Cherry Sheet. He and the comptroller had talked to Town Counsel Cohen about the possibility of Lexington and four other towns in the Minute Man Regional School District. av- ing received the same alleged illegal treatment. Chapter 70, s.16D, provides for 15% additional reimbursement for towns in the regional school district, which is over and above what we are entitled to under Chapter 70 for school aid for Lexing- ton at $2,500,000. What is finally given is subject to what funds are available. The forecast on the Cherry Sheet is what the towns will expect; Lowell's figure was $12,000 instead of $1,200,000 and at first they thought the State had made a decimal point error. However, this was determined by the present administration to apply some interpretation of the law as to the proper entitlement.. The law would appear to be specific and says "no such additional amount shall be paid to any such town prior to the date of award of a contract for the construction of a regional school by the regional district school committee." The contract for the Minute Man Regional School was let last October. We received nothing on the 1973 Cherry Sheet but if we received 15% it would have been $375,000 on this year's tax rate. Mr. Cohen: The District has sent a letter to Governor Sargent, Senators Harrington and Bartley, and two members of the Committee - Senator Atkins and Representative Gannett of Wayland. The District is taking an active role in looking out for the five towns. Lexington will be served by letting Lowell carry the ball. There will be some decision on whether the District will help out on the case. Mr. O'Connell: Legislation is being filed to change the law to revise the Cherry Sheet allocation, so it would appear that next year the administration will attempt to short change the towns legally whereas it is illegal this year. 143 Selectmen's Meeting May 21, 1973 Mr. O'Connell informed the Board that complaints have been received regarding Mini -biking on Conservation and Recreation areas. Also, complaints about parked cars and drinking parties at Willards Woods. A meeting was held last week with interested departments for the development of a 3 part plan. 1. Proposed revision to strengthen rules for parks and corresponding regulations for school grounds, recreation areas and other areas such as the Great Meadows, B & M Railroad right-of-way, and Conservation the Green and White Land. (Mr. White's Attorney Recreation will write to the Town to have their land subject Areas to the same regulations.) 2. Additional police enforcement plan. (To be dis- cussed by Mr. O'Connell and Chief Corr.) 3. Publicity. (To let the public know, such as par- ents of children with mini -bikes.) As a long range plan, Mr. O'Connell and Chief Corr plan to have a proposed addition to the General By -Laws an addition prohibiting drinking of alcoholic beverages on the public ways. Starting July 1, the law changes and public drunkenness is no longer a crime. Mr. O'Connell presented a master plan of the develop- ment of Westview Cemetery to the Board members. He Westview recommended that an advisory group be formed for this plan Cemetery to become a development program for a memorial park. Also Development to have a financing plan. When the development plan is completed, it could be brought to Town Meeting for the land acquisition. Mr. O'Connell discussed the deferred compensation plan for Town employees. If the Board agrees to this, the first step would be to designate Brewer & Lord as the Broker of Record to control it and represent our interests. This is a retirement annuity which has been:: available to teachers for 15 years. Last year, the Legislature changed the law so that other employees could be eligible. The Town deducts Employees the money from the employees' pay and turns it over to be Deferred invested. It is not subject to income tax deduction and is Comp. available at retirement. There is no cost to the Town ex- cept administrative costs as we handle deductions. It is strictly a matter between employees and the Insurance Company. 144 Hayes Lane Additional Engineering services Conserva- tion Easement Munroe Brook Clarke St. Parking Meters Selectmen's Meeting May 21, 1973 The Board agreed to designate the firm of Brewer and Lord of Boston as Broker of Record for the purpose of negotiation of a deferred compensation plan for eligible employees. Mr. O'Connell requested approval of the Board of the recommendation of the Director of Public Works/Engineering for additional engineering services for a study by Whitman and Howard of the Hayes Lane Interceptor Sewer. The State requires more stringent methods of infiltration rates into the sewer and it is now necessary to provide more positive data plus proposed methods of controlling or correcting excessive storm water infiltration. In order to be eligi- ble for the grant, we must furnish the State with this information. The contract would be for $1,100 and funds are available under Article 21 of the 1970 Town Meeting, subject to State reimbursement. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/ Engineering to sign the contract with Whitman & Howard, Inc. for additional engineering services on the Hayes Lane Inter- cepter Sewer, not to exceed the amount of $1,100. Mr. Cohen requested the Board to sign the acceptance of a conservation easement along the Munroe Brook which wait received as a gift from the Living and Learning Center on Maple Street and approved by the 1973 Town Meeting under Article 63. Upon motion duly made and seconded, it was voted to sign the acceptance of a conservation easement along the Munroe Brook from the Living and Learning Center, as voted under Article 63 of the 1973 Annual Town Meeting. Chairman Kenney read a letter from Fred C. Bailey, President of the Cary Memorial Library Trustees, stating because of the new construction and the temporary loss of the parking lots around the Library, the parking situation' has become more pressing. Clarke Street is not metered and the prime spaces are being used for all -day parking. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works/Engineering to in- stall parking meters on the Easterly side of Clarke Street from Massachusetts Avenue to Raymond Street. 145 Selectmen's Meeting May 21, 1973 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification I.D. Card card for Diane P. Falconer, 130 Grove Street. Chairman Kenney informed the Board that the regula- tions covering Club Liquor Licenses must be amended to conform to the new law as of March 1, that an 18 -year old may purchase liquor. Upon motion duly made and seconded, it was voted to amend Section 7 of the regulations covering Club Liquor Licenses, as follows: 7. The bartender or manager shall refuse to serve Amended Club any member or guest under the age of eighteen Regulations and may be held criminally responsible for the sale of any alcoholic beverage to any person under the age of eighteen years. When in doubt of age, the bartender shall require the showing of identification card in accordance with Chap- ter 138, Section 34B of General Laws, or of other documentary proof of age. Chairman Kenney read a recommendation from the Plan- ning Board that Thomas Costello and Daniel Small be re -appointed as Lexington. representatives to SILC. Upon motion duly made and seconded, it was voted to SILC Appts. re -appoint Thomas Costello and Daniel Small as Lexington representatives to the Suburban Intertown Liaison Com- mittee for a term of office from May 1, 1973 to April 30, 1974. The Board discussed a letter from the Chairman of SILC stating that a letter had been sent to Secretary Altshuler expressing SILC's support of the Red Line exten- Red Line sion to Route 128. Extension It was agreed to write to Secretary Altshuler informing him that the Town of Lexington at this time does not neces- sarily concur with that position. The Board had appointed a subcommittee to investigate this matter and its impact upon Lexington. When this report is received, a letter will.L-be sent regarding the feeling of the Board. Chairman Kenney read a letter from the Town Celebrations Committee recommending the appointment of Mrs. McGonagle and Mrs. Mitchell'.:to fill two vacancies on the committee. 146 Town Cele- brations Committee Appts. Board of Appeals Appt. Historic Districts Commission Appoint- ments Permit Willards Woods Shaw Connector Lowell St. Selectmen's Meeting May 21, 1973 Upon motion duly made and seconded, it was voted to ap- point Mrs. William F. McGonagle a member of the Town Celebrations Committee, replacing Mrs. Marily Hall, for a three year term expiring April 30, 1976. Also, to appoint Mrs. Jack L. Mitchell a member of the Town Celebrations. Committee, replacing Mrs. Thelma Reed, for an unexpired term to April 30, 1975. The Board discussed appointments to the Board of Appeals:' Upon motion duly made and seconded, it was voted to ap- point Woodruff M. Brodhead a member of the Board of Appeals for a five year term expiring March 31, 1978. Upon motion duly made and seconded, it was voted to ap- point the following Associate Members of the Board of Appeals for terms expiring March 31, 1974: Logan Clarke, Jr.; Haskell W. Reed; Irving H. Mabee; Robert Cataldo; Robert M. Gary; Thomas G. Taylor. Mrs. Riffin and Mr. Brown abstained from voting on the appointment of Robert Cataldo. The Board discussed appointments to the Historic Districts Commission. Upon motion duly made and seconded, it was voted to ap- point Thomas J. Holzbog a member of the Historic Districts Commission; replacing George E. Graves, for a five year term expiring January 1, 1978, representing the Historical Society, Also, to appoint Oliver F. Hooper, replacing Albert T. Pitts,. an Associate Member of the Historic Districts Commission for a five year term expiring January 1, 1978, representing the Lexington Arts & Crafts Society. Also, to re -appoint .r�. Royston T. Dailey an Associate Member of the Historic Dis- tricts Commission for a five year term expiring January 1, 1978, representing the Cary Memorial Library Trustees. Chairman Kenney read a request from Mrs. Murphy, Education Without Walls Program, for permission to use Willard's Woods on Thursday, May 31 from 10:00 a.m. to 3:00 p.m. for a cook- out and to use a stereo set and generator. The Board had no objection provided there is adult supervision and no excessive noise. Chairman Kenney informed the Board that a letter had been received from Robert Shaw, 23 Lowell Street, regarding better- ments assessed against Lots A and B owned by him. Mr. Shaw would like to be connected to the Town sewer system but he feels there is a problem with the betterment charges of $1,063.73. Also, when resolved, he would like to pay over a period of twenty years. 147 Selectmen's Meeting May 21, 1973 The Board discussed the request and agreed to a sewer betterment assessment on Lot A in the amount of $750.00. Mr. Shaw is to be informed that the Board denies his re- quest that the charge be paid over a period of twenty years since it does not have the authority to do so. The sewer charge is in lieu of betterment and must be paid on presentation. A sewer betterment charge, when assessed at time of construction, may be spread over a twenty year pay- ment period but a charge in lieu of betterment, one which is assessed some time after the construction as this one is, must be paid prior to connection to the sewer. Upon motion duly made and seconded, it was voted to reduce the charge to Robert Shaw, 23 Lowell Street, in lieu of betterment from $1,063.73 to $750.00. The Board discussed and agreed to continue the right-hand turn at Bedford Street from Eldred Street until August 15, Bedford & 1973 and to so inform the State Department of Public Works. Eldred Mr. McSweeney said that a meeting is being arranged with Streets the State to discuss a traffic light at that intersection. Chairman Kenney informed the Board that a letter had been hand -delivered today from Dr. Edmund Buchinskas, 8 Saddle Club Road, demanding a hearing on the dog owned by Elliott Mishara of 193 Grant Street as it is vicious and had attacked and bitten his daughter. In conformance with G.L. Chapter 140, s. 157, the Board Mishara agreed that Selectmen Bailey is to conduct a dog hearing on Dog June 5, 1973 at 8:30 a.m. The Board agreed to invite Mr. Harmon White of Benjamin Franklin Homes and the Conservation Commission to a meeting to discuss his land off Lowell Street. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public Session might adversely affect the public security, financial inter- est of the Town or the reputation of a person. After discussion of matters of financial interest and_.',:. Town personnel it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to ad- journ at 10:10 p.m. A true record, Attest: xecutive Clerk, Clerk, Selec ren 148 Town Engineer Appoint- ment Kennel Licenses SELECTMEN'S MEETING May 29, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Tuesday, May 29, 1973 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/Engineering,; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell introduced Mr. James Chase and recom- mended that the Board approve his appointment as Town Engineer. Mr. Chase is a registered Professional Engineer and a registered Land Surveyor, currently with Metcalf & Eddy in the design and construction field. The Board talked with Mr. Chase and approved Mr. O'Connell's recommendation. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to appoint Mr. James Chase, 39 Chestnut Terrage, Newton, as Town Engineer at an annual salary of $18,250, effective June 18, 1973. Mr. O'Connell discussed kennel licenses. He had held meetings with interested departments and the Town Clerk's office will refer applicants to the Board of Health and to the Building Inspector concerning the use of the property for this purpose. Kennel licenses refer to the licensing of multiples of dogs, not to the structure where they are kept. There may be a misunderstanding on the part of people getting the license that the Town has approved the keeping of dogs in an area zoned as residential. We hope that this will clear up that confusion. The Planning Board has been asked to review the law of the keeping of fur -bearing animals and to revise and clarify the regula- tions regarding the number of dogs to be kept at a residential property. Mr. O'Connell advised the Board that the law govern- ing the conducting of hearings growing out of complaints against a person with a kennel license is very complex. It requires a petition with 25 signatures of people. in the neighborhood; after a hearing and the possible vote, the case is subject to review by the County Commissioners to see if they agree with the decision of the Board of Selectmen. Chairman Kenney: Discuss the institution of the new procedures and have them reviewed by the Building Inspector and the Board of Health. You have already requested the Planning Board to look into the zoning regulations. 149 Selectmen's Meeting May 29, 1973 Mr. O'Connellagreed to prodeed. He added that we are sending the applicants there now but they could get a license even if they were refused by the Building Inspector as we can't legally deny a license under a kennel license. Mr. O'Connell informed the Board that the Police Depart- ment has noted an increasing number of garage sales being held throughout the Town and too many signs are being put up Garage and these are in violation of the sign by-law. Sales Mr. O'Connell is to come back to the Board with recom- mended rules regarding garage sales. Mr. O'Connell informed the Board that bids had been received on April 23, 1973 for Department of Public Works .DPW equipment, except the sanitary landfill compactor. Equipment After discussion, the Board agreed to discuss the Bids matter at the next meeting. Mr. Cohen recommended that the Board sign the lease between the Town and the Trustees of Real Estate Investment Trust of America for the parking area in the center behind Woolworth's, Lots C-1 and C-2, for the sum of $1.00 per year. The existing lease dated as of July 27, 1968 is ex- tended through July 31, 1973. Upon motion duly made and seconded, it was voted to sign the lease between the Town of Lexington and the Trustees of Real Estate Investment Trust of America for Lease Lots shown as C-1 and C-2 shown on a subdivision plan filed Parking in the Land Registration Office, a copy of which is filed Area in the Registry of Deeds for the South Registry District of Behind Middlesex County in Registration Book 255, Page 369 with Wool - Certificate 38199, at an anuual rent of $1.00 at the expira- worth's tion of each lease year. The term of this lease shall be one year from August 1, 1973, to be automatically extended for successive one-year periods not to exceed a total term of five years, provided however that either party may termin- ate this, lease at the expiration of the lease year then current by notice in writing to the other party not less than thirty days prior to the expiration of the then current year. Chairman Kenney informed the Board that the Lexington Cab Company is going to petition for new rates. Mr. O'Connell agreed to come back to the Board with Taxi rates in the surrounding towns. Rates Mr. Cohen agreed to submit a clarification of the so- called liveries and, also, to work on the amendments to the existing Taxi Regulations. 150 Well (Elderly Clinic Street & Sidewalk Advisory Committee Selectmen's Meeting May 29, 1973 Dr. Charles Ellicott, Board of Health, met with the Board to request funds for a Well Elderly Clinic. He out- lined a program for Lexington residents over 60 years of age to be provided with health evaluation. The clinic would act as liaison between the physician and the indivi- dual. The program is to run for one year and would be evaluated at the end of six months as to the ability of the Lexington Visiting Nurse Association to continue, the need for expansion, and future financing. Dr. Ellicbtt recom- mended that a request be made of the Trustees of Public Trusts for $1,500 for funding the clinic. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts for the sum of $1,500 to be given to the Lexington Visiting Nurse Associa- tion for the purpose of funding a Well Elderly Clinic, and to suggest to the Trustees that the funds be taken from either/or the following trusts: Bridge Charitable Trust, Elizabeth Bridge Gerry Fund, Beals Fund, Jonas Ganmel Trust, Harriet R. Gilmore Trust. Mr. Greeley and Mr. Eisenberg of the Street and Side- walk Advisory Committee met with the Board to discuss the charge of the Committee. Chairman Kenney: The purpose of our meeting is regarding the procedures under which the committee has been operating. These need to be revised, particularly in rela- tion to Chapter 90. Mr. Greeley has written a memo to us on revised procedures, as follows: "The 5 -phase procedure advocated by the 1971 Town Meeting has not worked. In fact, it has not been given a really fair trial; but I think the reason for that is that it was not really correctly conceived. I suggest, for dis- cussion purposes, the following 7 -step procedure. 1. Selectmen publish a list, and very brief description,• of the projects which they deem worthy of consideration, This should be done by mid-June; citizens should be asked to submit written comments. 2. The Selectmen, with the advice of the Public Safety Com- mittee, the Street and Sidewalk Committee and others as relevant, select a reduced list of projects from which to be recommended in the following winter will be selected. Hopefully this could be done and announced Eby sbmectime in August. 151 Selectmen's Meeting May 29, 1973 3. The Town Engineer would prepare sketch plans and rough :cestlestimates; included would be preliminary data on such items as trees, walls, and land takings (if any). Target date for the completion would be October 1. Q. Hearings, on the basis of these plans, would be held by the Selectmen, the Town Engineer, and/or the Street Advisory Committee during October and early November. 5.. First -draft Final Plans and Cost Estimates for these deemed appropriate by the Board of Selectmen would be prepared by January 1. 6. Formal hearings by the Selectmen during January. 7. Crystallization of Plans, Specifications, and Cost Esti- mates during February. This process should involve the Board of Selectmen and the Street and Sidewalk Committee working collaboratively with the Town Engineer -- even if it turns out that the Board and the Committee have to submit differing reports to the Town Meeting. I would hope that some such schedule as the above could be followed for both the Street and Sidewalk proposals." Mr. Greeley: There are two major points: (1) the list of possible streets and/or sidewalks should be made public information sufficiently in advance so that not only the committee but the public would see the work being considered. (2) when you get to where the Town Engineer is preparing plans for improvement, that is the time we feel the committee should be working most actively with the Town Engineer, as a liaison with engineering. We haven't been able to effect any kind of liaison there. The practice has been for the Town Engineer to prepare preliminary plans and they are sub- mitted for the informational hearing, and at that stage only are the citizens informed. We are considering an annoucement so that the citizenry would have their feelings known before plans are crystallized. It would be an attempt to make it possible to work in that direction. Chairman Kenney: If you do that, somewhere down the line budgetarily it would cause postponements. Mr. Greeley: .But with street and sidewalk improvements, to say that this is the list we expect to choose some but not all at Town Meeting. The number would be taken into consider- ation for budgetary purposes - but I would hope it wouldn't 152 Selectmen's Meeting May 29, 1973 be $300,000 worth of sidewalks. We should alert the people that wa are talking about sidewalks and perhaps about four projects on streets and tell the citizenry that these are the ones we are going to be working on, rather than after plans have been crystallized. Mr. Eisenberg: It is unfortunate about Spring Street. Personally, I have a strong feeling that a street is a public accommodation and a decision has to be made about the whole community. Chairman Kenney: We publish the list and request citi- zens' comments? Mr. Greeley: Yes, and I would request them in writing. Chairman Kenney: As of this date, we have one street request in. Mr. McSweeney: There is a problem with publicity and communication as the list might be changed around. Mr. Greeley: Mr. McSweeney is raising the question of whether Town fathers are going to assume the initiative of what sidewalks or streets are needed or whether we are going to proceed on the basis of the petitions that are received. I don't happen to think the Board should wait until petitions are submitted and decide the program on the petitions sub- mitted. Mr. Bailey: We could state that petitions be received by June or we do nothing and pick our own streets. Mr. McSweeney: There are a number of streets in Town that should be considered by the Board. Mr. Greeley: The same applies to sidewalks Mr. McSweeney: There are some streets that should be improved for public safety, such as Kendall Road. Mr. Eisenberg: For fire and emergency purposes, couldn't we send a grader in on unaccepted streets? Chairman Kenney: There is a question of legal respon- sibilities and the policy is against it as these are private ways; we stay away from private roads except to plow them. Mr. McSweeney: This Town has not accepted the Chapters that you can go in and fix them. Chairman Kenney: We will put a notice in the newspaper that if any citizen is interested in petitioning for a side- walk or street, or a street for acceptance or reconstruction, the Selectmen are interested in receiving the application. Mr. Greeley: If our committee is going to be effective, we will have to work in the early stages with the Engineer before plans are crystallized. Mr. Bailey: The Director of Public Works should also get his list in. Selectmen's Meeting May 29, 1973 Mr. Greeley: You have to take the initiative for a preliminary list, and I don't think it will necessitate more engineering design. Chairman Kenney: When we get the preliminary list, we will publish it. Mr. Greeley: As Mr. Bailey suggests, put together a list soon. We will be doing it this way next year. The Board agreed that Mr. McSweeney is to put a notice in the newspaper for two weeks for petitions to be received by June 30, 1973. Mr. Greeley and Mr. Eisenberg retired from the meeting. Chairman Kenney read a letter from Myron L. Miller 46 Eldred Street, regarding the installation of a traffic light at Bedford and Eldred Streets. After discussion, the Board agreed to inform Mr. Miller that we are in the process of setting up a meeting with State Commissioner Campbell to discuss the possibility of a traffic light at that intersection. Chairman Kenney told the Board that members would be informed as soon as the date has been set for the meeting with Commissioner Campbell to discuss the traffic light at Bedford and Eldred Streets and, also, the Hartwell Avenue Connector. Chairman Kenney read a request from citizens of Brigham Road for a sign to prohibit the use of Brigham Road by buses, large trucks and excessive traffic. Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committe for a recommendation Mr. O'Connell suggested that management of the tour buses be requested not to turn around on Brigham Road. The Board agreed. Upon motion duly made and seconded, it was voted to au- thorize the Chairman to sign Liquor Identification cards for the following: Janet Susan Ryan 1 Belfry Terrace Sherry A. Gardner 15 Fair Oaks Drive Upon motion duly made and seconded, it was voted to ap- prove the minutes of the Selectmen's meetings, o en and execu- tive of February 26, 1973 and the open meeting on March 5, 1973 153 Traffic Lights Bedford & Eldred Streets Traffic Brigham Road Liquor I.D. Card Minutes 154 Guide Sewer Requests Banks Avenue Ambulance Bills Voc. Sch. Funds Cherry Sheet Selectmen's Meeting May 29, 1973 Upon motion duly made and seconded, it was voted to approve the the recommendation of Rev. Handley and to appoint David Hall, 53 Grant Street,a Guide of Lexington. Chairman Kenney read a request from Mrs. Eleanore E. Johansson, 10 Lawrence Lane, for a sewer extension to Lot 201A Banks Avenue. A report from the Director of Public Works was read and accepted. Upon motion duly made and seconded, it was voted to inform Mrs. Johansson that the sewer had been extended on Banks Avenue to service existing houses and would have re- quired the installation of a pumping station to go any further down the street. Her lot could be sewered from a different direction but she would have to petition for this to the Engineering Department. It is to be pointed out that priority is ordinarily given for sewer extensions to developed house lots, particularly those which may be having a health problem. Chairman Kenney read a request from the Tax Collector for abatement of uncollectable ambulance bills. Mr. Brown: I feel we should not abate ambulance bills. Mr. Busa: If we abate some, we should not charge others. Upon motion duly made and seconded, it was voted to refer the matter to the Town Manager for additional information. Chairman Kenney read a letter from the Arlington Board of Selectmen regarding H6645, Appendages A and B, which pro- poses several changes in the formula related to Regional Vocational School Districts. Arlington has voted to join with the City of Lowell in a petition to the Superior Court to follow the existing law as it is the feeling if this legislation is passed, it would result in considerable loss of funds to communities in the Minuteman Regional Vocational Technical School District. The request is for Lexington to join with Arlington and Lowell in this action. After discussion, the Board agreed to reply to the Arlington Board of Selectmen that Lexington will write to State Senators and Representatives expressing the feeling that this is a poor bill and, therefore, H6645 should be re- ferred to a study committee. Also, it is the opinion of the Board that if the Minuteman Regional Vocation Technical School District Committee feels it would be advantageous to file suit attempting to regain the money owed us for this year. 1 Selectmen's Meeting May 29, 1973 Chairman Kenney read a notice from the Massachusetts Tax- payers Foundation recommending that Lexington write to the Senator and Representatives to vote in favor of House Bill 3210 so that additional receipts, through amended Cherry Sheets may be reflected in the 1973 tax rate. Mr. O'Connell agreed to attend the hearing. Chairman Kenney read a letter from Attorney Aisnor of Boston regarding a traffic ticket he had received because of a wrong turn at the intersection of Waltham Street and Marrett Road. The police officer had informed him that he could not make a turn from the short access road before the actual intersection when the light was red with a green arrow for right turn. Mr. Bailey questioned on what basis this turn was ille- gal. The Board agreed to request a report from Chief Corr. (When the report was received, Chief Corr had resolved the matter by talking with Attorney Aisnor and telling him that the turn at that point was legal, and the policeman had been so informed). Chairman Kenney read a request from Mr. McSweeney, Direc- tor of Public Works/Engineering, for authorization of an extra work order under Contract #71-4-E. Upon motion duly made and seconded, it was voted to authorize an extra work order be issued to Grandview Contract- ing, Inc. under Contract #71-4-E for a 400 foot extension of York Street sewer, at an estimated cost of $9,500. Authority for this project is contained in Article 20 of the 1971 Annual Town Meeting. Chairman Kenney read a recommendation from Mr. McSweeney that additional streets be included in the sewer budget. Upon motion duly made and seconded, it was voted to ac- cept the recommendation of Mr. McSweeney that the following streets be included in the sewer budget; Lincoln Street; Davis Road; Summer Street; Green Lane; Concord Avenue -750 ft. at Blossom Street, and 200 ft. at Pleasant Street. Mr. McSweeney was instructed to proceed and to have it go out as an alternate bid. Chairman Kenney read a letter from Mr. and Mrs. Champion 6 Rolfe Road, and Mr. and Mrs. Franklin, 4 Rolfe Road, stat- ing that if the Town persists in going forward with the 155 H3201 Highway Funds Dist. Police Traffic Contract 71-4-E Extra Work Order York St. Sewer Add'1. Sewers Champion Sewer 156 Selectmen's Meeting May 29, 1973 proposed plan of the possible route for a sewer main and ease- ments, they will claim all damages, either of a temporary or permanent nature, permitted by law. Upon motion duly made and seconded, it was voted to refer the matter to the Director of Public Works/Engineering. The Board instructed Mr. McSweeney to meet with members of the Traffic Committee and discuss parking on Meriam Street, Parking the Meriam Street parking lot, and to meter Clarke Street from Massachusetts Avenue to Raymond Street. Mr. Apollo Bougas came into the meeting to discuss the condition of his property on Baskin Road which backs into the Lincoln Street recreation area. He explained that the Lincoln area is very dry and dusty and would appreciate it if the St. Area Town would seed that part of the Lincoln Street area. Mr. McSweeney was instructed to check out the area and report back to the Board. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deli- berating or voting on matters which if made public might adversely affect the public security, the financial interests Executive of the Town or the reputation of a person. Session After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:45 p.m. A true record, Attest: Executive Clerk, Selector 157 SELECTMEN'S MEETING June 4, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, June 4, 1973 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/Engineering; Mrs. McCurdy, Executive Clerk, were present. At 7:30 p.m., hearing was declared open on the applica- tion of Mary D. Lee, Manager, for a Common Vicutaller and All Alcoholic Beverage License for Bora-Bora Inc., 177 Massachusetts Avenue, Lexington. Notice of the hearing was advertised in the May 24, 1973 issue of the Lexington Minute -man. Certification was presented that all abutters were duly notified of the hear- ing within three days after publication of same. Present on behalf of Bora-Bora, Inc., were Attorney Joseph Aborn, Mary D. Lee, President and Manager, and Chester Y. Lee, Treasurer. Chairman Kenney: Final plans were received from Bora- Bora, Inc., on May 15, 1973, accompanied by a certified check for $2,500. As required by law, Joseph Aborn, Clerk, submitted the names and addresses of all persons having direct interest in said license: Mary D. Lee, 80 Fayette Street, Cambridge; Chester Y. Lee, 184 St. Paul Street, Brookline; Bora- Joseph Aborn, 65 Jane Road, Newton. Police Chief Corr in- Bora formed us that he had investigated these three individuals and Inc. finds they have no criminal record and are of good character and reputation. Mr. Heustis, Director of Public Health, reports that renovations are still being made at this establishment and it is understood that a dishwasher with de -chlorinator will be installed in the service bar and will be in addition to the dishwasher in the kitchen. A final inspection will be made when all the renovations are completed. Mr. Irwin, Building Inspector, reports that alterations at the restaurant are well under way and are proceeding to the latest plans submitted by Mr. Lee. The seating capatity fulfills the requirements and this department has no reason to question the issuance of a license relative to matters which fall within its jurisdiction. Fire Chief Spellman reports that, as of June 1, the appli- cant has met all alterations for fire safety that had been requested by this depart Ent. 158 Selectmen's Meeting June 4, 1973 Joseph Aborn: I have been a practicing attorney since 1933 and have Jtnawn Chester Lee for the past 20 years. He is at the present time Chairman of the Chinese Merchants Asso- ciation of Boston; Grandmaster of the Chinese Masonic Lodge; Vice President of the New Bank of Boston; Loan Officer of the Lee Credit Union, 10 Tyler Street, Boston. He operates Anita Chue's restaurant in Brookline, and has been in business for approximately 30 years. He has 4 children and 3 grandchildren. He has been successful in the operation of the restaurant. Mary Lee is married and has three children, one at M.I.T., one at Radcliffe, and a son going into M.I.T. this year. She has worked in the Chinese restaurant in Brookline and has some knowledge of the operation of a restaurant; she is also associated with the Lee Credit Union and is in charge of col- lecting money there on Sunday. She is giving that up to devote her entire time to the operation of the restaurant as the Manager. Mr. Lee and Mary are expanding the size of this as it was originally purchased and it will be between $50,000 - $60,000 to renovate it. We wish this Board to grant a license not with a cocktail bar but a service' bar to serve with a good meal so that the town of Lexington will be proud of having it in Lexington. Chairman Kenney: How many people can you seat? Mr. Lee: About 102 to 104; you could seat 110 because there is a lot of room in the back area. Chairman Kenney: What about the function room in the basement? Mr. Lee: We would not do anything there now, it will be later on. Chairman Kenney: What are the requested hours of oper ation? Mr. Lee: About 11:00 a.m. to 1:00 a.m., or 11:00 p.m., or 12:00 M. Mr. Busa: Is it to have entirely different personnel? Mr. Lee: Entirely different; no relation (to Bamboo Hut). Mr. Busa: It has been brought to my attention about the former owners seen leaving the premises. Mr. Lee: They were only seen there to remove personal property - arid I could sign an affidavit to that effect. Chairman Kenney: Are there any other people here sup- porting this petition? Officers of Bora-Bora, Inc., Mary D. Lee, Chepter Y. Lee, and Joseph Aborn, are recorded in favor of the petition. Chairman Kenney: is there anyone present in opposition? Mr. Paul Tobias, 198 Massachusetts Avenue: I live directly across from this operation and we have experienced some very sad mobs in that area. Whatever the selectmen have 1 1 1_59 Selectmen's Meeting June 4, 1973 done there, we now have peace. You have taken care of Cum- berland Farms and stopped the people that worked in the Chinese restaurant from being noisy; our lawns are no longer covered with Chinese food. I wish you would continue it. I am in opposition. Chairman Kenney to Mr. Lee: How long has the restaurant been closed? Mr. Lee: Two months. Mr. Lester Simon, 19 Charles Street: I am directly op- posed to the operation. I must comment that the Chairman has given character references, and I do not object to them making a living. However, in the past, we have experienced serious disturbances. I am not objecting to them havingEa liquor license if it would help them but would like to see it with reservations; if it looks like a first-class operation - say in a year. We have had seagulls and crows because of food and debris, and if they eliminate that, I have no objec- tion, but I would like to see -them prove themselves. Mr. Bailey: It would help me if I knew how you feel about the hours of operation - if you are opposed to it on the given hours of operation? Mr. Tobias: I don't think they should keep open to 2:00 a.m. or 1:00 a.m. because we all know you don't get patrons and help out before 2:30 or 3:00 a.m. and they raise hell in the parking lot but I am asking that they use some reasoning with it and give us a chance to sleep. I go to bed arount midnight. Mr. Simons: Any people in there after 11:00 p.m. are not from Lexington. The previous operation permitted taking liquor in. I feel that no restaurant should be opened after 11:00 p.m., especially when you are awakened at 3:00 a.m. Mr. Charles Bowker, 172 Massachusetts Avenue: As the opinion was expressed by the other two, I do hate to see the possibility of jeopardizing the solitude we have had for the last couple of months. I feel a little apprehensive about a liquor license. Mr. Dale Pothier, 11 Charles Street: Do the other res- taurants in Town close any time? Chairman Kenney: One closes at 10:00 p.m.; the motel closes at midnight. Mr. Simon: Motels are not operating in a residential area. 10:00 o'clock would be fine. Mr. Pothier: Another thought to give to 1:00 a.m. closing is that 18 -year olds are supposed to get off the road by 1:00 a.m. Mr. Matthew Sullivan, 166 Massachusetts Avenue: I am opposed to a liquor license as there is no drinking place 160 Selectmen's Meeting June 4, 1973 from Cambridge up to Lexington, and this will draw a lot of drinking people. I am opposed to it. Chairman Kenney read a petition which was signed in op- position to the issuance of a liquor license to the Bora-Bora Restaurant: Mary I. & James E. Enterkin Lillian T. & William G. MacArthur Patricia & Robert Swanson Moreton Ensor David & Jane Stumpp Mrs. Ernest Figenbaum 10 Cherry Street 33 Charles Street 36 Charles Street 30 Charles Street 29 Charles Street 7 Charles Street Chairman Kenney asked how many people present are op- posed to the granting of a license? The record shows that 16 people were present at thee. hearing in opposition to the granting of the liquor license. Mr. Brown: I would like to ask about 10:00 p.m. closing; is it practical or impractical? Mr. Aborn: It is impractical but I would suggest to my clients to accept because they want to get along with the neighbors. This ismot a drinking place; it is just to have dinner. Chairman Kenney: I would poll the audience regarding 10:00 p.m. closing time. Member of the Audience: This has nothing to do with granting of a liquor license. Chairman Kenney: Would this change your opinion? Audience: No. Mr. James Flanagan; 12 Charles Street: If someone went in just for a drink, would they serve them? Mr. Aborn: It is against the law. Chairman Kenney: The law states that food must be avail- able No one wishing to speak further, Chairman Kenney declared the hearing closed. The matter will be taken under advisement by the Board. The officers of Bora-Bora, Inc., and the residents pre- sent for the hearing retired from the Meeting at 7:55 p.m. Later on in the meeting, the Board discussed and agreed to deny the petition at this time. Upon motion duly made and seconded, it was voted to deny the application of Bora-Bora, Inc., for a Common Victualler All Alcoholic Beverages license for the following reasons: Selectmen's Meeting June 4, 1973 1, The abutters and neighboring residents strongly opposed granting of a liquor license at this location and no abutter or neighbor stated that he was in favor of the issuance of a license. 2. No evidence was presented to indicate that there is any public need for a license at this location. 3. No liquor license has ever been issued at this location. 4. The Board of Selectmen has determined that the character of the neighborhood warrants refusal of a license at this location. Mr. Busa abstained from voting. Mr. O'Connell discussed the bids received on April 23, 1973 for road machinery for the Department of Public Works under the appropriation for Article 24 -Road Machinery in the 1973 Annual Town Meeting Warrant. Upon motion duly made and seconded, it was voted to ac- cept the recommendation of the Town Manager to award the contracts for the purchase of Department of Public Works equipment to the following companies. International utility body, International the amount of Harvester: One 3/4 tonpick-uptruck with in the amount of $4,163.62. Harvester: One 3/4 ton pick-up truck, in $3,996.61. Automotive Service Co.: Four rack trucks G.V.M. 24,000 lbs. in the amount of $36,713.00. Mr. O'Connell discussed a service contract with Barnes Engineering Company, not to exceed $29,000. Mr. McSweeney has asked Mr. Cohen to approve the contract as to form. In previous discussions with Engineering, to get the total work load requirements, the policy was to avoid the addition of personnel but to look at other alternatives for making ad- vancement in getting more sewer contract installation, and this would help the work load problem especially in field inspection without falling behind in other work. It is pro- posed to take our own engineering personnel occupied in survey work to do the next sewer inspection work and enter 161 DPW Equipment Barnes Engineerinc Contract 162 Hanscom Field Selectmen's Meeting June 4, 1973 II into a contract with Barnes Engineering to have a suitable group of personnel to constitute a survey party under the direction of our Engineering Department; this gives them direct control. The contract would pay for a 3 -man survey party on a per diem basis between June and November and not exceed the dollar figure for each of the three surveys planned - $13,000, $9,500 and $6,500. Chairman Kenney: We would be willing to cooperate with the understanding that this is a one-shot deal and do most of the engineering in-house. Mr. O'Connell: Engineering is also trying to keep up with the Hatch Act and this would help them. We also want to go into 1975 with the work done. Upon motion duly made and seconded, it was voted to sign the contract with Barnes Engineering Company for survey work in the Town of Lexington in an amount not to exceed $29,000. Dr. Louis Fillios, 19 Eliot Road, met with the Board to discuss the possibility of commercial expansion of Hanscom Field. He presented petitions signed by Lexington residents and said that others have been circulated in surrounding communities. The Massachusetts Port Authority is not answer- able to any state or local authority and it's like a sword hanging over the head of this community. He suggested that there be a curfew to control flights during the night. Chairman Kenney: We have continued to oppose any expan- sion of Hanscom Field and we have been in continual touch with Dr. King, Director of the Port Authority; we have been constantly reassured that there are no plans for commercial expansion there. Mr. O'Connell: We got a direct confirmation that the Port Authority's official position has not changed in any way. Mr. Brown: I went to the meeting at Concord and met with representatives of Concord and Lincoln to say we are opposed to this increase. In studying the air tower statistics for the last 15 years, it is very clear that the value of the Airport as a commercial field has been demonstrated by the decrease at the Airport. We have followed it in detail and have watched the decrease. We heard the Airport Manager say that this is not a satisfactory commercial venture as far as the increase is concerned. He is available for people to talk to him. Mr. James Myers, 11 Constitution Road, Mr. Donald Giller, 52 Middle Street and Mr. Evan Semergian, Lincoln Chairman of Citizens Aviation Policy Association and Airport Noise Com- mittee, were present and expressed opposition to the expansion of Hanscom Field. 1 1 Selectmen's Meeting June 4, 1973 Mr. Myers: It is not good planning to wait until it occurs. We ought to try to instigate what steps can be taken so Boardsof Selectmen have some control over the area. Chairman Kenney: Mr. O'Connell has said it would take a change in legislature. I can't conceive how we would get con- trol over Hanscom. Mr. Myers: I agree but local communities are entitled to some sort of control. Mr. O'Connell: I would suggest that you attend the meet- ings of the Port Authority; they are open meetings. Chairman Kenney: We can ask Mr. O'Connell to get some information on the number of planes and what changes they are expecting to have. Thank you for meeting with us. Mr. Harmon White met with the Board to discuss the taking of his land, off Woburn Street, which was approved by the 1973 Town Meeting for conservation purposes. Dr. Howard Kassler, Chairman of the Conservation Commission, was also present. Mr. White requested that the Town Engineer be authorized to act as an intermediary in the preparation of plans for the property off Woburn Street on Rolfe Road so that the entire parcel would not be taken. Dr. Kassler: We would be pleased to meet with Mr. White and someone from the Engineering Department. Chairman Kenney: We will instruct the Town Engineer to cooperate with you, with the idea that he will be a represent- ative of the Board. The Board agreed that the meeting is to be arranged. The Chairman requested the Board to sign the warrant to the Dog Officer regarding 1,066 unlicensed dogs. Upon motion duly made and seconded, it was voted to sign the warrant to the Dog Officer regarding 1,066 unlicensed dogs in the town. Upon motion duly made and seconded, it was voted to au- thorize the Chairman to sign liquor identification cards for the following: Mark S. Andonian, 25 Fairbanks Road; Susan J. Eleftherakis, 59 Reed Street; Elizabeth S. McDonald, 366 Marrett Road. 6 3 Land Taking Harmon White Warrant Unlicens Dogs Liquor I.D. Cards Upon motion duly made and seconded, it was voted to ap- prove the recommendation of the Director of Public Works to Water sign water abatements for the following: Abate. Alfred T. Joseph Capt. Parker Arms Barney Reiffen Lex. Hous. Auth. 11 Plymouth Road $107.25 Wrong Reading 125 Worthen Road ;226.05 26 Peacock Fm. Rd. 8.40 Wm Roger Greeley 185.55 Village 11 If 164 Selectmen's Meeting June 4, 1973 Chairman Kenney informed the Board that a meeting has been scheduled with State DPW Commissioner Campbell on June 20, 1973 Hartwell Mr. Brown read a memo from Peter Chalpin, Engineer, Avenue stating that he had talked with Mr. Richardson of the State Connector DPW regarding the status of the Hartwell Avenue connector and had been informed that some work had been done on the project but because the Commissioner had not given any further go-ahead, the project had been classed as unofficial and has been tabled. The Board agreed that one item for discussion on June 20 will be the Hartwell Avenue connector. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, delib- Executive eratring or voting on matters which if made public might Sessioh adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of matters of Town regulations, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to ad- journ at 10:05 p.m. A true record, Attest: xecE Clerk, Select en 1 1 SELECTMEN'S MEETING June 18, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, June 18, 1973, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Executive Clerk, were present. Mr. Richard Zimmerman, President of the Lexington Cab Company, and Attorney Frederick Conroy met with the Board to discuss amendments to the Taxi Regulations. Chairman Kenney explained that the existing rules and regulations are to be amended. One amendment will be that all public vehicles for hire shall be metered, with the ex- ception of vehicles used exclusively for limousine service. By limousine we mean anything under contract that is used for wakes, weddings, etc. Also, a car used to transport school children would be used as a limousine when it is under contract. Attorney Conroy: It appears to me that in other towns private liveries do not come under Chapter 40, section 22. Chairman Kenney: Does it perform the same function? Does it go out on call? Lexington Attorney Conroy: Yes. Cab Company Mr. Cohen: There is nothing in the statute about a livery. If I call for a taxi and there is no taxi around and a private livery comes up, it seems to me that is a taxi. Attorney Conroy: I would like to ask the Board through Town Counsel to get a ruling on the definition of private livery. Mr. Cohen: There is rib -thing in the statutes. Attorney Conroy: It refers only to "public" and Mr. Zimmerman does operate with liveries and we don't want con- flict. Chairman Kenney: We are going to use limousine. When he transports for the school department, that would be a limousine but if used as a taxi it shall be registered as such and conform to the taxi regulations. Attorney Conroy: Chapter 40, s. 22 only give author- ity for public service vehicles. Mr. Cohen: I will agree with you but the moment the call comes in for a taxi and out comes a livery, it seems to me it is a taxi. Attorney Conroy: A private livery does not have the right to park at a taxi stand for a fare. 166 Selectmen's Meeting June 18, 1973 II Mr. Cohen: Where does it say that? Attorney Conroy: It is the practice of the industry. Mr. Cohen: What if it is used as a taxi for 24 hours a day? Attorney Conroy: You are trying to draw a distinc- tion and one of the restrictions is that it cannot park at the stand. Chairman Kenney: We are saying if available to be used as a taxi, it is a taxi and it will come under the rules and regulations of a taxi. Mr. Conroy: I don't think that is fair. From what 1 found, there is a distinction. 14r:: Baily: 1.thinl4 :ale- are agreeing there is a dis- tinction it will be used as a taxi and licensed as a taxi, and we agree if it is used this way. if you are going to operate a vehicle as a taxi, it is going to be used as a taxi. Attorney Conroy: A limousine is to be used for special functions? Mr. Busa: If it is used on an hourly basis, it is used for special functions. Mr. Bailey: Or with a funeral director or a contract- ing party. Mr. Busa: You now have a limousine or livery that has runs that are consistent day in and day out. Mr. Bailey: We would ask you what kind of license you are seeking and what kind of business you want to conduct. Attorney Conroy: The question was on the rules, and we feel there is a distinction between public taxis and private liveries. Chairman Kenney: A vehicle is to be metered and have Lexington on both sides or it is not used as a taxi. If we adopt these regulations, Mr. Zimmerman could use his other cars for school use as they are not licensed as cabs. We are going to call them all taxis, except those specifically used for contractural work, such as wakes and weddings, etc. You will note that the requirements have been that taxis are to be metered - they have been for years. Attorney Conroy: There are so many vehicles necessary to perform this function for schools and if not used for this purpose on a full time basis the total cost has to be passed on to the schools and they could be used for other purposes. Chairman Kenney: Again, we are saying when they are used as taxis, they should be metered. You have them in Arlington, are they metered? 1 167 Selectmen's Meeting June 18, 1973 Mr. Zimmerman: We have liveries; there is a difference in Arlington. We also use them for airport runs, and they are unmarked. If we have a call to go to the airport, is it a limousine or a taxi? Chairman Kenney: A taxi. We will be voting the revised regulations but there will not be a change in the fares. Attorney Conroy: In the event the Board votes to con- tinue the paragraph that requires metering, how much time would there be before enforcement? Chairman Kenney: You would have difficulty in obtain- ing meters? Attorney Conroy: Yes. It would take from two to four months. Mr. Zimmerman: It would only be fair that our request for a rate increase go hand in hand and if you give us until October 1, we could ask for our increase then. Mr. Cohen: I think you have to keep the current rate under Phase 3. Attorney Conroy: I will find out, Also, I would again request a definition of a limousine. Upon motion duly made and seconded, it was voted to further extend the period of time for taxi and livery licenses until July 30, 1973. The Board agreed that Mr. Zimmerman is to be given an ap- pointment for the next meeting on July 2, Mr. Zehner, Town Treasurer, met with the Board to request approval of borrowing $1,600,000 in anticipation of tax revenue1oarr, to be dated June 22, 1973 and payable November 5, 1973. Ten bids were received on June 15 and the lowest bidders were Lexington Trust Company, the First National Bank of Boston, and the Newton Waltham Bank and Trust Company. Treasurer Upon motion duly made and seconded, it was voted to ap- prove the recommendation of the Town Treasurer to borrow $1,600,000 in tax anticipation loans, to be dated June 22, 1973 and payable November 5, 1973, from the following banks: Lexington Trust Company First National Bank of Boston Newton -Waltham Bank and Trust Company $500,000 700,000 400,000 4.73% 4.76% 4.76% Mr. Zehner also requested approval of the $1,375,000 bond issue, for the construction of the Cary Memorial Library addition and remodeling and equipping of the Library, sold to the National Shawmut Bank, dated July 15, 1973. 1 _GS Swim Tags Executive Session Selectmen's Meeting June 18, 1973 Upon motion duly made and seconded, it was voted to approve the sale to the National Shawmut Bank of Boston of the following 4.50 per cent bonds of the Town dated July 15, 1973; $1,375.000 Municipal Purpose Loan of 1973 Within Debt Limit (Nos. 1 to 275) payable July 15, $150,000 in 1974, $125,000 in 1975 to 1978, $100,000 in 1979 to 1983 and $75,000 in 1984 to 1986, at 100.176 and accrued interest. Upon motion duly made and seconded, it was voted to authorize the Treasurer to cause facsimiles of the signa- tures of the members of the Board of Selectmen to be engraved or printed on the $1,375,000 Library bond issue. Upon motion duly made and seconded, it was voted to approve the request of the Town Treasurer to sign the Arbitrage Certificate for the $1,375,000 Library bond issue. Mr. O'Connell informed the Board that the Recreation Committee had voted to increase cost for swim tags from 25 cents to 50 cents in order to defray expenses and the cost of swim tags. The Committee now requests a vote of the Board for the increase. They are trying not to pass on expenses to the taxpayers and to get a fee schedule. Chairman Kenney: I understand they are going to look into the possibility of revising the charges, such as tennis. Mr. O'Connell: There is a question whether there would be some form of charge. The Recreation Committee would appreciate getting the views of the Board and have a dis- cussion before they pursue it. Mr. Busa: With the demand the Town has for services, I think the Town should provide the capital serjices and the users pay some minimal fee for the services. Chairman Kenney: Before we go any further, we will have to look at the entire situation. The Board agreed. Upon motion duly made and seconded, it was voted to ap- prove the request of the Recreation Committee to increase the cost of swim tags from 25 cents to 50 cents. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliber- ating or voting on matters which if made public might adversely affect the public security, financial interests of the Town or the reputation of a person. After discussion of a transportation matter, it was voted to go out of Executive Session and resume the open meeting. 1 1 Selectmen's Meeting June 18, 1973 69 The Appropriation Committee met with the Board. Mr. O'Connell discussed the budget and said that the overall plan is to be underway by September 1. The Capital Budget will be submitted by the Department Heads by Septem- ber 1 and the preliminary budget will be submitted by Appropria- October 1. We have a target date of the preliminary budget tion review by November 15 and completed by December 15. From Committee December 15 to January 15, all three groups will have time to finalize the Capital budget and crank it into the War- rant. The Department Heads will have the expense budgets in by September 15 and the Town Manager will review them by October 15. We will have the expense budget in by not later than November 1 and it will be given to the Appropri- ation Committee by December 1 and it will be back from them by January 15. The final budget will be approved by the Board by February 1. Mr. Furash: We want to get a much earlier view of cer- tain departments than we did last year and to have some special meetings with Mr. O'Connell and department heads. Mr. O'Connell: There is the matter of salary review and negotiations. If we shoot for September 1, we could be prepared for the department heads to make recommendations in September and aim to have the salary determinations com- plete and ready to crank in by December 1. There are contract negotiations and it depends on the cooperation of the Union and whether the Union negotiators do not wait for the llth hour. During that negotiation period, we would advise the Selectmen and we expect to have communication with the Appropriation Committee as to what the whole status appears to be. Hopefully, we will be completed by December 1 on the dollar items. On January 1, we would submit to the Board and Appro- priation Committee the final budget and have personal services out the latter part of January. Mr. Furash: This schedule shows a tremendous improve- ment. The Board and the Appropriation Committee agreed to go into Executive Session. Upon motion duly made and seconded, it was voted to go Executive into ExecutiveSession for the purpose of discussing, delib- Session erating or voting on matters which, if made public might adversely affect the public security, 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 re- sume the open meeting. 170 Selectmen's Meeting June 18, 1973 Mr. O'Connell advised the Board that a contract has been placed with Mobil Oil Company for approximately 95,000 gallons at the bid price of 29 cents for regular and 32 cents a gallon for high-test gasoline. This°repre- Fuel sents a 35 percent increase and the town must buy the Contracts gaorgge tanks and pumps. We have another contract with Gulf Oil Company for 15,000 gallons of deisel fuel at a delivered price of 20 cents a gallon. One of the condi- tions is that the equipment must be bought by the Town. "We will have a supply at a price that is pretty rough." The Board agreed. Mr. O'Connell recommended that the contract with Sanitary C.E. Maguire, Inc. for the sanitary landfill study be Landfill amended to include $5,000 for a study of Tophet Swamp. Tophet The Planning Board will vote to approve a work order Swamp for Tophet Swamp. The appropriation was voted by the Study 1973 Annual Town Meeting under Article 28. Upon motion duly made and seconded, it was voted to amend the contract with C.E. Maguire, Inc. for a sani- tary landfill study, in the amount of $13,500 to include $5,000 for a study of Tophet Swamp, subject to approval of Town Counsel as to form. Chairman Kenney read a recommendation from the Director of Public Works/Engineering recommending a Honeywell Lexington -Waltham Mutual Aid Connection for emergency Lexington- fire protection at Honeywell, 200 Smith Street, Waltham Waltham (Spring Street, Lexington). Honeywell had requested Mutual this and as a result of meetings with representatives Aid Con- of Honeywell and Waltham, the proposed plan will benefit nection all involved parties. This project would be subject to approval of the Metropolitan District Commission. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering for a Lexington -Waltham Mutual Aid Connection for emergency fire protection at Honeywell, 200 Smith Street, Waltham (Spring Street, Lexington). This project will include an 8" gate valve for each munic- ipality, and all costs involved will be borne by Honeywell; both the contractor and specifications for work and materials must be approved by Lexington and Waltham. This project is subject to the approval of the M.D.C. Chairman Kenney read a letter from Ernest A. Giroux regarding parking in the Central Block area. Upon motion duly made' -and seconded, it was voted to refet the matter to the Traffic Committee for a recommendation. Central Block Parking 1 1 1 lit Selectmen's Meeting June 18, 1973 Upon motion duly made and seconded, it was voted to grant permission to Five Fields, Inc., for the annual square dance on June 30, 1973 from 7:00 p.m. to 11:00 p.m. Permit to be held at the intersection of Barberry Road and Stone- wall Road, subject to the conditions of the Police Depart- ment. Upon motion duly made and seconded, it was voted to revoke the license granted to Hospital Transportation Public Service, Inc., Watertown, for operation of mini -shuttle Carriage buses to Raytheon, as no such service has ever been in License operation. Chairman Kenney read a petition from residents re- garding overgrown bushes at the corner of Gleason and Traffic Hiller Road constituting a traffic hazard. Hazard Upon motion duly made and seconded, it was voted to refer the matter to the Department of Public Works. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Guides to appoint the following Guides of Lexington: Laurie Masten 4 Hadley Road David Cantor 2108 Massachusetts Avenue Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification cards for the following: Guides I.D. Enith Roe Blodgett 999 Waltham Street Cards Margaret W. Leabh 10 Longfellow Road Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of March 5, 1973 (Executive) and March 12, 1973 (Open and Executive). The Board discussed the installation of benches on the former Harrington property and other areas in the Center. It was agreed that Mr. O'Connell, Town Manager, is to prepare a letter requesting funds from the Trustees of Public Trusts for the purchase and installation of benches. The Board again discussed the tree located at the driveway of 30 Burlington Street and it was agreed to hold a tree hearing. Minutes Benches Tree Hearing 172 Selectmen's Meeting June 18, 1973 Upon motion duly made and seconded, it was voted to instruct Mr. McSweeney to post the tree located at the driveway of 30 Burlington Street, owned by Fred C. Coughlan, and to hold a tree hearing. Chairman Kenney informed the Board that Mrs. Riffin is concerned about the May 29th letter received from the Office of Administration and Finance concerning the new proposed A & F regions. Hearings are to be held to determine the best regional boundaries for all state and federal programs which are organized on a regional basis within the Commonwealth. Proposed After discussion, it was agreed that Mrs. Riffin is to Sub State draft a letter to be sent to Governor Sargent and the Execu- Regions tive Office for Administration and Finance stating that the Lexington Board of Selectmen supports the use of two sets of boundaries for regional and area lines. The Board favors the maintenance of the present set of boundary lines for the planning and development of social services (health,. mental health, retardation, Office of Children, Department of Youth Services, etc.) and a separate set of boundaries for land use, transportation, and environmental control. The social services and citizen relationships which have taken years to develop within the structures of the exist- ing boundaries work effectively and should be retained. Mrs. Riffin informed the Board that at the meeting held last week on re -organization, Secretary Altshuler had discussed H6109 (which would set up regional transportation across the State) and he had outlined what effect it would Red Line have on the area and the communities outside the area, and would require more Chapter 90 funds. The question was asked relative to the Red Line Extension but Secretary Altshuler would not give his view on this as Lexington had't come in with its position, and until that point he wouldn't make a public statement. Chairman Kenney asked the Board's feeling regarding Chapter 90 the Chapter 90 East Street reconstruction. East St. Upon motion duly made and seconded, it was voted to request the State Department of Public Works to advertise the Chapter 90 East Street reconstruction. Chairman Kenney reminded the Board of the meeting scheduled with State DPW Commissioner Campbell on June 21. Upon motion duly made and seconded, it was voted to adjourn at 10:55 p.m. A true record, Attest: Executive Clerk, Select 1 1 1 SELECTMEN'S MEETING July 2, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, July 2, 1973, 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/Engineering; Mrs. McCurdy, Execu- tive Clerk, were present. Mr. Richard Zimmerman and Attorney Frederick Conroy met with the Board to discuss the amended rules and regulations for taxis. Attorney Conroy: After our last meeting with you on June 18, I checked with the Stabilization Board and it was their opinion that no type of increase can be allowed under the President's Phase 3. There are some procedures which can be made for hardship occasions but no procedures could be effected or allowed between now and August 12. Chairman Kenney: It doesn't surprise me. We under- stand from talking with Mr. Zimmerman that he would need some time for metering the cabs and it, therefore, becomes a moot point. Attorney Conroy: They won't know until August 12 and they can't predict what will happen after that. Hopefully, there would be something that would permit the increase. Mr. Brown: May I ask Town Counsel if he has ques- tions? Mr. Cohen: None. Chairman Kenney: We would then adopt the rules and regulations. Attorney Conroy: We would request that you postpone this because of the built-in costs and the insurance factor. Postpone it until something is given him on a fair schedule. Mr. Bailey: If we started enforcing the existing rules, he would be in the same barrel, wouldn't he? Attorney Conroy: Nobody can deny that. Mr. Bailey: I feel whichever way we go, we have a problem. Chairman Kenney: What if we adopt revised rules with 90 day compliance and he can come back sometime after August 12. Mr. Cohen: The only thing required is metering, and the old rules say they have to be metered. Taxis 174 Selectmen's Meeting July 2, 1973 Mr. Bailey: That is true. Chairman Kenney: He has to effect the insurance change and the physical thing on the meters. We would be adopt- ing new rules and regulations, but with the existing rates - with the understanding that the Board is somewhat sympathetic with his request for a rate change as it has been 4 years and sometime after August 12to come back with his request. Also, to allow him until October 1 to effect the change in the meters. Mr. Brown: The regulations include meters, and it bothers me that he hasn't had the meters - and be sure to have it on record. Chairman Kenney: In the past, we had liveries but we are no longer recognizing them. You will have limousines, and I emphasize that this is a vehicle to be used exclu- sively for weddings, funerals, and school pupil transporta- tion. A vehicle cannot be licensed as a limousine if it used for taxi purposes at any time. Mr. Brown to Attorney Conroy: Are you agreeing with this? Attorney Conroy: No. I understand what the Chairman is saying and I am saying, "no." I don't agree with it but it has nothing to do with what we will do. Chairman Kenney: Secondly, to have the picture on the license and there is the item of parking in the Town lot overnight. Mr. Zimmerman: We don't park there overnight. Mr. McSweeney: What time are they in there? Mr. Zimmerman: Until 11:00 o'clock - then we go to bed. Mr. McSweeney: What time are you in there in the morn - ing? Mr. Zimmerman: No earlier than 6:00 a.m. Chairman Kenney: The motion could be to adopt the re- vised rules and regulations with the understanding that Mr. Zimmerman has until October 1 for full compliance. Sometime after October 12 you can apply for the rate bhange. Attorney Conroy: Do you want a new application or hold this request in abeyance? Mr. Cohen: You should make application for a new rate increase and you should make your application for taxi licenses as they have been extended until July 30. Attorney Conroy: If you extend the present licenses until October 1, all licenses will be for taxi licenses? Mr. Cohen: The Chairman is saying as far as making you put in meters for vehicles not already metered, there will be a grace period until October 1. it Selectmen's Meeting July 2, 1973 Attorney Conroy: Vehicles that are operated as liveries at the moment don't have taxi plates. Mr. Cohen: You already have the insurance for the calendar year? Mr. Zimmerman: I will have to change the insurance and put in the meters. Chairman Kenney: We could issue licenses until October 1. Mr. Brown: Is this a livery license or taxi? A livery license is not legal under our present regulations. Chairman Kenney: He is not following the regulations between a livery and taxi. Mr. Cohen: I thought you would issue them with a stipu- lation that you wouldn't enforce until October 1. I would say, come in and apply for 19 taxi licenses, but if the insurance makes a difference.... Chairman Kenney: The motion could be to adopt the revised rules and regulations with the understanding that Mr. Zimmerman has until October 1 for full compliance. Mr. Busa: I won't go along with that. It is perpe- trating an illegal procedure. I am not voting to condone what he is doing illegally. I will vote to adopt the rules and regulations tonight. Upon motion duly made and seconded, it was voted to Vote adopt the Town of Lexington Rules and Regulations Governing Taxi Hackney Carriages, Taxicabs, and Other Public Vehicles for Rules the Carrying of Passengers for Hire, to become effective upon publication in the Lexington Minute -man issue of July 12, 1973. Mr. Cohen: Regarding the licenses, are you suggesting they come in at the end of July and apply for a temporary license until October 1, and then on October 1 to come in for a permanent license that would apply? Mr. Brown: I would go along with Mr. Busa that we don't do anything about this because the licenses are illegal,. Chairman Kenney: We should go along in fairness that the matter of liveries came up and his interpretation and ours differed. Attorney Conroy: This is not peculiar to Lexington alone; there are other Towns that do this. This is nothing that Mr. .Zimmerman created - it is universal. Mr. Bailey: Whose fault is it? Is it the enforcing authority? We have to answer that. I think we have learned something. Upon motion duly made and seconded, it was voted to extend the existing licenses issued to the Lexington Cab Vote Company and 81 Woburn Street Corporation from July 30, Taxi 1973 to October 1, 1973., License -1-76 Selectmen's Meeting July 2, 1973 Mr. Zimmerman and Attorney Conroy retired from the meeting For the record, the following rules and regulations were adopted by the Board of Selectmen on July 2, 1973, to become effective upon publication in the Lexington Minute -man issue of July 12, 1973: TOWN OF LEXINGTON RULES::'AND-'REGULATIONS GOVERNING HACKNEY CARRIAGES, TAXICABS, AND OTHER PUBLIC VEHICLES FOR THE CARRYING OF PASSENGERS FOR HIRE The following rules and regulations shall apply to hackney carriages, taxicabs and other public vehicles for the carrying of passengers for hire (hereinafter termed public vehicles for hire) within the limits of the Town of Lexington, except regularly franchised railroad and bus companies. Said rules as set forth shall in no manner conflict with existing State laws, rules or regu- lations, which sall take precedence over local rules, regulations or ordinances. 1. LICENSES; GENERAL RULES a. No person, company or corporation shall operate or permit to be operated any public vehicle for hire within the Town of Lexington, except a citizen of these United States, who has been a resident of said Town for six (6) months prior to application for a license to so operate. This regulation shall not prohibit such a vehicle from another city or town from coming into Lexington on a telephone request from a customer, or to discharge a passenger picked up elsewhere. Such out of town vehicles shall not engage in cruising or soliciting fares in Lexington. A company or corporation desiring a license to use a vehicle as a public vehicle for hire shall show that their principal place of business is in Lexington. 11. LICENSE TO USE A VEHICLE AS A PUBLIC VEHICLE FOR HIRE A. Application for a license to use a vehicle as a public vehicle for hire shall be made in writing to theFBoard of Selectmen who shall investigate or cause to be in- vestigated, each applicant as to character, honesty, and integrity. Said applicant shall satisfy the Board of Selectmen that his vehicle is properly registered 177 Selectmen's Meeting July 2, 1973 with and inspected by the Registry of Motor Vehicles. He may then receive a license to use the vehicle so registered. Each vehicle so registered, except as provided below, shall bear the license number, the name or trade name of the owner and the wed "Lexing- ton" on both sides thereof in letters not less than four inches high and one-half inch wide. Public vehicles for hire to be used exclusively for limou- sine service shall be exempt from the aforementioned marking requirements. b. The fee for each vehicle registered and licensed as a public vehicle for hire shall be $1.00. 111. LICENSE FOR DRIVER OF PUBLIC VEHICLE FOR HIRE a. Application to operate or drive a public vehicle for hire shall be made in like manner to the Board of Selectmen, who shall investigate through the Police Department, each applicant as to honesty, sobriety, and criminal record and including evidence of bad character. Such applicant shall be required to show that he is twenty-one years of age or over eighteen years old with driver education permit, a citizen and is properly licensed by the Registry of Motor Vehicles. Applications shall be accompanied by the fee of $5.00_:for each person so licensed. Said license shall have a picture or photograph of licensee on upper left corner of license, not to ex- ceed size 2 1/2" by 2 1/2". b. .The rest of said license must carry the licensee's name, license number, And description. This license shall be placed in a suitable glass fronted frame, to be attached to the back of the driver's seat, and in view of the passenger. The license shall be so placed in any properly registered public vehicle for hire that the driver may be operating. IV. LICENSING AUTHORITY; EXPIRATION OF LICENSES a. Applications for a license to use a vehicle as a public vehicle for hire and for a license to operate the same shall be received by the Board of Selectmen, and author- ity to grant, suspend, and revoke said licenses shall be vested in the Board of Selectmen. Any person aggrieved by the decision of the Board may be granted a hearing if re- quested in writing within ten days thereof. 178 Selectmen's Meeting July 2, 1973 b. Every such license shall expire on the first day of May next ensuing the year after the date of its issue. V. OPERATION OF A PUBLIC VEHICLE FOR HIRE A. Every company or corporation and driver of such vehi- cles shall at all times comply with and observe all State laws, rules, regulations, and Town By -Laws, rules and regulations. rr b. Drivers shall at all times, when driving such vehicles be neat and clean, courteous, and quiet in demeanor. Wearing of uniforms, or parts thereof, shall be optional. c. They shall at no time knowingly transport a person who is suffering from a contagious disease. If such a person is unknowingly transported, and this fact sub- sequently becomes known to the driver, he shall cause such vehicle to be thoroughly fumigated immediately upon obtaining such knowledge. d. They shall at no time transport any person who is in an intoxicated condition and who is loud, boisterous, or troublesome, unless such transportation is so ordered by a police officer. No other person shall be permitted in the car while transporting a person in an intoxicated condition unless such person is accompanying the intoxicated individual. e. They shall at no time engage in the transportation of liquor or unlawful drugs or contraband, contrary to law. They shall not act as procurers for immoral houses or persons, and shall not furnishinformation as to where liquor, gaming, prostitution or vice might be obtained. f. They shall at all times keep their vehicles clean inside, and same shall be subject to inspection by Police at all times. g. They shall not refuse to transport a passenger except those mentioned in subsections (c) and (d) of this section. They shall refuse to transport a passenger or passengers who are engaged in the preparations for or actual commissions of crime. In the case ofthe commission of a crime or the preparation thereof, or an attempt to do so, the drivers shall take no part. Selectmen's Meeting July 2, 1973 h. They shall not engage in the so-called practice of cruising, or soliciting trade, while driving slowly on a public way. i. Public stands may be designated by the Board of Selectmen. Stands for public vehicles for hire shall be so designated and marked, and it shall be the duty of the Police to see that these stands shall be re- served for the use of such vehicles, from which the general public shall be excluded. If more than one company exercises the use of these taxi stands, they shall be used:cgually. Every driver or operator shall upon demand of a passenger, police officer, Motor Vehicle Inspector, or other duly constituted peace officer, produce for examination his license to operate motor vehicles in this Commonwealth and his license to drive' a public vehicle for hire. k. It shall be unlawful for any passenger to evade or re- fuse to pay a reasonable or established fare. 1. It shall be unlawful for any company or corporation or person acting as an agent therefor to permit any person not properly licensed to operate a public vehicle for hire. J. VI. RATES OR FARES; METERS a. For public vehicles for hire, the rates within the limits of the Town of Lexington shall be: .60 for the first half -mile .10 for each sixth of a mile thereafter b. For trips out of the town, a reasonable rate may be charged. A driver shall state the rate to be charged for such a trip to a prospective passenger before initiating the same. c. No charge shall be made for hand baggage. A charge not to exceed .75 may be assessed for carrying a trunk. A thunk shall not be transported if it interferes with a driver's vision or proper operation of a vehicle. d. All public vehicles for hire shall be metered with the exception of vehicles used exclusively for limousine service. 179 180 Sewer Extension Request East St. Slope Easement Selectmen's Meeting July 2, 1973 e. Drivers shall not pick up a passenger when the public vehicle for hire is already engaged, without the con- sent of the first customer or passenger. f. The rates to be charged by a future licensee must con- form to subsections (a), (b) and (c) of this section. VII. PENALTIES a. For violation of any of the rules, regulations, or by-laws enumerated herein, a fine of not more than $20.00 may be imposed and the violator is liable to a suspension or revocation of his license to operate a public vehicle for hire. b. All violations shall be noted by the Police, and re- ported to the Chief of Police, who in turn may at his discretion dismiss the complaint, institute court proceedings, or pass the matter on to the Board of Selectmen for appropriate action. VIII. MISCELLANE0Ua These rules and regulations were adopted by the Board of Selectmen on July 2, 1973. Chairman Kenney read a request from Mrs. Marion H. Snow, 197 Woburn Street, to tie into the sewer line which is now under construction along Woburn Street. A report was read from the Director of Public Works/ Engineering recommending that the request be approved as the contractor is presently on the site and because of the favorable bid price received for the project. Also, this extension had been included but was deleted at the request of the abutter; now, the lot has been approved for subdivision and it could be included. Upon motion duly made and seconded, it was voted to approve the request of Mrs. Marion H. Snow, 197 Woburn Street, for an extension of 200 feet of sewer and one man -hole to service the lot situated on a right-of-way off Woburn Street. Upon motion duly made and seconded, it was voted to sign the Order of Taking for slope easements on East Street. 181_ Selectmen's Meeting July 2, 1973 Rev. R. Reinhold Abele met with the Board and pre- sented a petition, dated May 10, 1973, from the Clergymen of Lexington, as follows: "We respectfully request that the figures and scene of the family which is holy to Christians alone, and which is at present displayed on Town property during a season of the year which is holy to Christians alone, be placed this year and in subsequent years, on property which is owned and managed by a Christian congregation, specifically the lawn of Hancock Church, approximately 100 yards from where it is now displayed on Town property and where it readily available for viewing by all those who would like to see it. In our opinion, such a change would soon, if not immediately, reduce a minor tension within the community between citizens and groups. Hancock Church has agreed to act as host to that scene during its customary time of public display. Signed: Rev. R. Reinhold Abele, Pastor, Pilgrim Church; Henry H. Creche Clark, Pastor, Handodk United Church of Christ; Msgr. John P. Keilty, St. Brigid's Church; Rev. Harold T. Handley, Rector, Church of Our Redeemer; Rev. Robert Zoerheide, Minister, First Parish Church; Rev. Gordon MacDonald, Pastor, Grace Chapel; Cary D. Yales, Rabbi, Temple Isaiah; Donald A. Wells, Minister, Trinity Coven- ant Church; Joel H. Meyers, Rabbi, Temple Emunah; Dr. Allen Broyles, Pastor, Lexington United Methodist Church; Joseph S. Roberts, Associate Pastor, First Baptist Church, Lexington; Martin M. McCabe, Pastor, Sacred Heart Parish; Larry A. Marlowe, District President, Reorganized Church of Jesus Christ of Latter Day Saints; Herbert R. Adams, Minister, Follen Church." Chairman Kenney read a letter from the Hancobk United Church of Christ, addressed to Reverend Abele, Pilgrim Congregational Church, dated April 30, 1973: "My dear Reverend Abele: It was the vote of the Standing Committee of Hancock United Church of Christ on April 25, 1973, to offer our property as a site for the creche if the town desires to put it here during the holiday season, provided the .town is responsible for setting it up, taking it down, and storing it." Mr. Abele: The Council of Congregations took this up some years ago and Robert Mann reported on it, and at that time the request was sent around asking if it would act as mgt during the Christmas season. Many, including the Pilgrim Church offered. By this action of the Council, the 1.82 Selectmen's Meeting July 2, 1973 matter did not ever come to a satisfactory conclusion. In talking with clergymen, it was felt that the petition, as proposed, would be the most helpful and also the solution. Chairman Kenney: I guess it is a pretty clear cut re- quest. Personally, I don't consider it a big issue; it is non -issue, as I discussed with you. I think there are more important things we could put our time and energy to. People might make an issue of this, and it might make minor tension in the community but the creche has been on the Green and I think it represents a family scene, a peaceful scene, and I would point out as a matter of record that we do not have a hue and cry requesting this change. Also, to understand that if another group had a symbol they wish to display, the Board would be pleased to accommodate them. Mr. moved to accept the offer of the Hancock Church to have the creche on its lawn. Mr. Bailey: Before voting, does anyone wish to second the motion? Chairman Kenney: I think it would be to our advantage to take this under advisement and we could allow time for citizen reaction. Mr. Robert Cataldo: I am sure the Board is aware there are substantial numbers of people in the Town that want to see the creche display maintained. I would say if the Board in its judgment would move to do this, we would like the opportunity to meet with the Board. I am sure the Board is aware of the history and how it is main- tained. If the Board seeks to move the creche, we would want an opportunity to meet with the Board to discuss it. Chairman Kenney: I would see that the Board gives you the opportunity. Mr. Bailey: I would be interested in the source of the impetus. Did it come from the council, from personal belief and conscience, or as a result of letters in the Minute -man? From which direction? Did someone sit down with the Council? Rev. Abele: It was primarily from the Council. Orally, the first request came from the Unitarians in the community to the Council of Churches. I would appreciate it if Mr. Mann could speak. Mr. Robert Mann: When I was president of the Council, prior to Rev. Petersen, during that period of time the Council was evolving from a Council of Churches in the protestant tradition. We embraced the Catholic parishes in Lexington and then it became the Congregation for religious groups in the Town in the theological tradition. In discussion of the creche on the Green, research woOk was done, as the minutes of the Council indicated, and 183 Selectmen's Meeting July 2, 1973 there was significant concern about the placement of the creche on the Green. I recall the history from the Council, which was Christian, that the historical tradi- tion, with respect to the Church and State and Government and religion, was such that it was inappropriate. It was attractive and well-maintained to those who felt inti- mately and personally about its presence on the Green. It was a visible sign of lack of sensitivity to those in the Town who were not of that .... It seemed to those of Christian approach, those with a sensitive, broadly based concern for all individuals affected by the Green display, that it could be resolved by the simple expedient of re- moving it to the lawn of a Christian church rather than have it on the Green. We pursued that concept. The mantel of the Congregation changed to Rev. Petersen and we had a meeting with the Town Manager and, for a variety of reasons, the matter was not brought to a head. It was my under- standing that it (petition) had its origin in the clergy of the Town, which was a habit of meeting once a month for those concerned for their congregations. In its present form, it represents the interest of the Congregation. Mr. O'Connell: I offer some technical information, based upon some research material I had prior to the meeting with Mr. Mann. The figures are not the property of the Town. They were loaned to the Town for the pur- pose of allowing them to be displayed on the Green. The Board took it under advisement on the matter of jurisdic- tion as to whether or not it is on the Green. Mr. Cataldo: The original parts were donated; some were stolen and replaced and some repaired by private funds. Mr. Gray (former Executive Assistant) met with the Council of Churches and we did get an answer back from Rev. Petersen that they decided not to take action. They were doing it at that time in a vacuum, and at our request they met with Mr. Gray. Mr. Mann: I was not an officer at that time and the only meeting I had was with the Town Manager, and not Mr. Gray. Mr. Busa: I concur with what the Chairman said with regard to keeping the creche on the Green, and to me it would aggravate a situation that doesn't exist. In your discussion, was the entire body at that meeting? When I spoke to my pastor, he was very vague and knew of no con- troversy. It was brought to him by word-of-mouth and he said if it affects one person, it should come off the Green. Is that your conclustion? --- 184 Selectmen's Meeting July 2, 1973 Rev. Abele: I know many of the men who signed the petition fairly well and they are honorable men. Mr. Busa: I am not questioning their honesty, their integrity or reasoning. I object to you injecting it into the question. I question, whether at the meeting the Congregation had, that all the clergy were there or whether it was passed by wordof mouth from Clergyman to Clergyman - and the aggravating solution that the Congregation perpe- trated by this. Rev. Abele: I am simply saying these men do object to it - the men who signed this petition. Mr. Mann: To my knowledge, the Council of Congregations has not been involved in this petition, it is the clergy. Rabbi Meyers: I signed it and agree with it. What Mr. Busa is saying disturbs me. If it is a non -issue - by deny- ing this request it may make it an issue. I would raise the question because I also thought long and hard before I signed it. I had reluctant feelings about being here because I thought it a Protestant battle but if in fact as a community we stand behind a fundamental choice, we ask ourselves whether other religions erect symbols on the Green or whether we, as a community, want to promote. any or no symbols; and that religion is the job of the religious and not the job of a community by using public land for religious display. I say that is the issue and the question that confronts us as citizens on the issue as for what public land ought to be used - and the Selectmen have in the past thought on that question - and whether public land, namely the Green, ought to be used for a religious symbol. These symbols are impor- tant and beautiful but a symbol is a symbol. Chairman Kenney: Thank you. You are saying to deny it on the Green. Rabbi Meyers: I am saying that timechanges and people change, and in the light of the series of events, one can say this is, in essence, a promotion of a religion on public ground. Mr. Brown: This is not a new issue. I was present at the Lexington Council of Churches meetings in 1965 and 1966 and the Council spent many hours on this problem. It is not new; it has been for at least 20 or 30 years, ever since I have been in the Town. Creche Chairman Kenney: It has, to my personal knowledge, been Vote of no consequence. Upon motion duly made and seconded, it was voted to take the matter of the creche under advisement. 1 1 1 .13 Selectmen's Meeting July 2, 1973 Rev. Abele: As I understand it, the creche was put on the Green namely to put Christ back in Christmas, and I support it wholeheartedly. It is not intended to remove it from public display but to put it in an appropriate place. For public safety, it probably would be in a safer place. Put the symbol in an appropriate place to get Christ back in the churches. Chairman Kenney: We will inform you when we remove it from the table. Interested persons retired from the meeting. Mr. Anthony Mancini, President of the Chamber of Com- merce, and Mr. Edward Jones, Vice President of Educational Service Programs, Inc., N.Y., met with the Board to request consideration of a proposal to install an educational audio system on the Battle Green, Buckman Tavern, and the Visi- tors' Center to accommodate expected visitors during the Bicentennial Celebration. If approved, a 5 -year contract Tourist would be signed and Educational Service Programs, Inc. Audio would be solely responsible for the installation, repair System and maintenance of the system, including supplying replace- ment tapes. The Town would be responsible for damages to the system. The Corporation would pay a royalty and it was pointed out that it is a local matter as to whom royalties are paid. After discussion, the Board agreed to pursue the matter after more details, in writing, were submitted by Mr. Jones. Mr. Jones agreed. Mr. Jones and Mr. Mancini retired from the meeting. Mr. O'Connell informed the Board that a request has been received from the residents of Carley Road to hold a Permit block party on Sunday, August 5, from 2:00 p.m. to 7:00 p.m. They would assume the responsibility of placing and remov- ing sawhorses in the road. The Board had no objection. Chairman Kenney read a report from Mr. McSweeney in reply to an objection received from Lester L. Andrews & Sons, Plumbers, that a Red Head valve must be used on the main shutoff valve on the water supply to a building. Water The Board agreed to accept Mr. McSweeney's recommenda- Valves tion to continue the use of Red Head valves, and to so inform Lester L. Andrew & Sons. 186 Selectmen's Meeting July 2, 1973 Chairman Kenney read a report from Mr. McSweeney re - Rolfe Rd. garding a sewer easement on Lowell Street to Rolfe Road, Sewer stating that the interests of all parties are best served by continuing with the present plans but if the Board disagreed, the matter could be further discussed. Mr. and Mrs. David Franklin, 4 Rolfe Road, were present at the meeting. Mr. Brown informed the Board that he and Mr. McSweeney had been meeting with Mr. and Mrs. Champion of 6 Rolfe Road and he would be glad to meet with the Franklins. After discussion, the Board agreed that Mr. McSweeney would set up a meeting with Mr. and Mrs. Franklin in order to resolve the situation concerning the sewer main going through their property. Chairman Kenney read a report from Mr. McSweeney re- garding the culverting of the North Lexington Brook behind the Public Works garage at 201 Bedford Street. The report states that the project was as a result of the flooding of the North Lexington Brook in the area. between 22 Revere St.. 61 and 59 Ledgelawn Avenue, and the rear of the Town Public Works building during the heavy rains of January 19 and 20; a large portion of the B & M right-of-way was washed out and this resulted in a hazardous condition. The Highway Division took immediate action to remove heavy debris from North the brook and to clean out the three cross culverts in this Lexington area that had been completely blocked by this washout. Brook After review, it was agreed that a work order be issued for Culvert a complete reconstruction and refurbishing of this water course on a more permanent basis. As part of this project, it became necessary to remove the overgrowth of bushes and vegetation, and reshape the cross section of the stream bed and slopes. As for the culverting itself, this came as a result of the Town acquiring an inventory of used MDC water pipe from the new construction of Route 2 and this seemed an appropriate time to use this pipe, which is very large and cumbersome. While this all started be- cause of an emergency situation, it has proven to be a much needed and worthwhile maintenance project. The Board instructed Mr. McSweeney to file under the Hatch Act if there is any further expansion of the project. ledges Hamilton Chairman Kenney read a recommendation from the toad and Traffic Safety Committee that hedges be removed from the :.iberty Ave. southwest corner of Hamilton Road and Liberty Avenue to improve the sight distance. 18? Upon motion duly made and seconded, it was voted to remove the hedges from the southwest corner of Hamilton Road and Liberty Avenue which are on the Town way. The Board agreed to notify the owner of the property at 37 Liberty Avenue that if he wished to save any or all of the hedges for possible replanting, they must be removed within 30 days. Upon motion duly made and seconded, it was voted to Burlington table the report from Mr. McSweeney regarding the tree St. Tree at 30 Burlington Street. Chairman Kenney read a report from the Traffic Com- mittee stating that as a result of a petition from the residents of Brigham Road, it is recommended that a "Not Traffic a Thru Way" sign be installed to alert motorists that it Sign is not a connecting roadway. Brigham Rd Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee re- garding Brigham Road and to instruct the Director of Public Works to make arrangements for the installation of a "Not a Thru Way" sign at the beginning of Brigham Road. The Board discussed a report from the Traffic Com- mittee regarding Center parking. Chairman Kenney: I met with the Traffic Committee and we reviewed Meriam Street parking and the Meriam Street parking lot and it was agreed to prepare the necessary plans and work orders to begin the extension. Perimeter parking would be laid out to maximize the area. The Traffic Committee finds no traffic problem in the Central Business District parking. The study shows that existing traffic and parking conditions in these areasare functioning properly both on a short term and all day basis. It is a matter of record that we need a minimum of 200 to 250 spaces if we are to relieve on- Traffic street parking in the area adjacent to the Central Meriam Business District. The Committee would like to provide Street adjacent parking to all professional and business estab- Parking lishments but with this shortage we cannot see reestab- Lot lishing priorities and reassigning parking to other on -street areas. The Board discussed short-term parking in the Meriam Street parking lot. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to make arrangements to install 20 short-term parking spaces in the front of the Meriam Street parking lot. Mr. Bailey: We are trying to open up Massachusetts Avenue to take care of the Community School at the Baptist Church. 188 Selectmen's Meeting July 2, 1973 Mr. McSweeney: Parents can pull into our circular driveway and use our spaces while they walk the children across the street. Chairman Kenney: The alternative is a loading zone but we don't like to set that precedent. The Board discussed parking behind Craft Cleaners and ',Parking it was agreed to remove the heads of the meters for the Rear of purpose of all -day parking. Craft Upon motion duly made and seconded, it was voted to Cleaners instruct the Director of Public Works to make arrangements to remove the meters from the spaces in the rear of Craft Cleaners. Chairman Kenney read a report from the Traffic Com- mittee in reply to a letter from Mr. Giroux, owner of the Central Block, complaining of the Cab Company using the metered spaces around the building and directly across the street for parking school busses and a private car. Also, no metered parking is available in the Meriam Street parking lot for the use of Central Block customers. Central Additionally, access to the unloading area is very diffi- Block cult as cars are parked in Depot Place. Mr. Giroux Parking pointed out that the sidewalk project has not been com- pleted and new street lights have not been installed. After discussion, the Board agreed to write to Mr. Giroux and inform him that the Traffic Committee report states that as long as vehicles using metered spaces are not in violation of the meters or time limits, there is no justification for complaint. However, when violations occur in these spaces, the Police Department issues citations to the vehicles in question. The Public Works Department has been instructed to install twenty short-term meters at the front of the Meriam Street park- ing lot, and this should help the Central Block customers. Sidewalk repairs and curbing for the tree planters will be completed shortly. Regarding the street lights, we will have to wait for the next Town Meeting to request the appropriation for this installation. As far as parking in Depot Place is concerned, the Board will request the owners of the Central Block and Minute -man publications for permission to install No Parking signs on the buildings. Chairman Kenney read a report from Commissioner Camp- bell notifying the Town that $47,686.00 has beenallocated to Lexington for Chapter 90 -type local highway aid for the fiscal year 1974. These funds require no local matching and are available for use immediately for construction projects which qualify under the Old Chapter 90 guidelines and, in addition, for all projects that are eligible for 100% State financing under the new guidelines adopted by the Public Works Commission on March 28, 1973. Chapter 90 Selectmen's Meeting July 2, 1973 Mr. McSweeney: These funds cannot be used on neighbor- hood streets, only on Chapter 90 roads. Chairman Kenney to Mr. McSweeney: We look to you for recommendations and perhaps next year you can allocate it for maintenance -type projects. Mr. McSweeney agreed and remarked that the usual Chapter 90 monies have yet to be decided upon. Chairman Kenney read a letter from the Munroe School Parent-Teacher Association Board requesting a thorough re- examination by the Board of the question of a pushbutton light at the Munroe School. Upon motion duly made and seconded, it was voted to refer the matter to the Traffic Committee for a recommend- ation. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign liquor identification cards for the following: Marguerite A. Bateson Mary F. Keegan John A. Richardson Charlaine Ward 10 18 3 588 Welch Road Ellison Road Wingate Road Lowell Street Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting of April 3, 1973. Chairman Kenney read a letter to the Board notify- ing the Town that Richard M. Perry has been elected as President of Massachusetts Auditors and Accountants Asso- ciation. Chairman Kenney read a request from the Lexington Minute -men to reschedule the "Living History" exercises on the Green to July 15 and July 29, 1973. The Board had no objection and shall so inform the Minute -men. Chairman Kenney read a letter from Attorney Joseph M. Cohen regarding the Board's position on revoking the Class III license issued to John P. Carroll, Inc. of Allen Street. Upon motion duly made and seconded, it was voted to refer the letter to Town Counsel Cohen. 189= Traffic Munroe School I.D. Card Minutes Lexington Minute- men Green Carroll Class III License 190 Bonds Cert. of Incorp. Selectmen's Meeting July 2, 1973 Upon motion duly made and seconded, it.was voted to approve the following bonds for Town employees: Louis A. Zehner Treasurer $120,500.00 Eleanor H. Sullivan Asst. Treasurer 30,100.00 Norma B. Jervis Asst. Town Clerk 2,000.00 Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incorporation: John R. McGrath 7 Lincoln Terrace "New England Area Pontiac Dealer Advertising Assoc., Inc." Antonio 'de J. Cardozo 6 Paul Revere Road Virginia L. Cardozo 6 Paul Revere Road Aurora A. Silva 11 Longfellow Road "Portuguese American Cultural Society, Inc." Chairman Kenney informed the Board that Bora-Bora, Bora-Bora Inc., 177 Massachusetts Avenue, has applied for a Common Common Victualler License. The Health Director recommends that the license be signed subject to his final inspection. Upon motion duly made and seconded, it was voted to sign and issue the Common Victualler License to Bora Bora, Inc., 177 Massachusetts Avenue, subject to final inspection by the Health Director. Hours of operation are to be from 11:30 a.m. to 11:30 p.m. Jury List Chairman Kenney informed the Board that the 1973-1974 jury list has been compiled and is ready to be sent to the Clerk of Courts in Cambridge. Upon motion duly made and seconded, it was voted to approve the 1973-1974 jury list as submitted. Chairman Kenney informed the Board that written com- Dogs plaints have been received about two Doberman Pinscher dogs owned by Mrs. Leonie Flannery of 22 Vine Street because of excessive barking and, also, a dog owned by Mr. Lionel L. Fray, 2361A Massachusetts Avenue, is alleged to have killed chickens owned by Mr. John Brucchi, 63 Paul Revere Road. The Board agreed to hold hearings on July 31, 1973. Upon motion duly made and seconded, it was voted to go Executive into Executive Session for the purpose of discussing, delib- Session erating or voting on matters which, if made public, might adversely affect the public security, 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 11:15 p.m. A true record, Attest: xecutive Clerk, Selec en 19x' SELECTMEN'S MEETING July 16, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, July 16, 1973, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. Martin, Assist- ant Town Engineer, Mrs. McCurdy, Executive Clerk, were present. Mr. Richard Michelson, President of the Chamber of Commerce, met with the Board to discuss the Bicentennial Coin and to request the use of the Town seal on one side of the coin. He explained that they plan to reproduce the coin for fund raising purposes. A general souvenir - type coin will sell for $3.00 but those reproduced in sterling silver and antique gold will be limited and numbered in sequence. The Chamber of Commerce is willing to underwrite the financial obligation; the cost for the initial dies is $900. Mr. Brown: I would like to have it stated very Bicenten- specifically that the profits go to the Town. nial After discussion, Mr. Michelson agreed to come back Medallion to the Board within 30_ days with more specific, detailed plans regarding contracts, controls, and a list of those responsible for the project. The Board agreed to grant permission to the Chamber of Commerce for the use of the Town seal on the Bicenten- nial medallion. Mr. O'Connell recommended that the Board award the contract for street and parking area resurfacing be awarded to Starrett Paving Corp., 656 Boston Post Road, Resurfacin<_ Marlboro, in the amount of $47,790. Mr. McSweeney con- Contract curs with this recommendation. Upon motion duly made and seconded, it was voted to award the contract to Starrett Paving Corp. for street and parking area resurfacing in the amount of $47,790 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session would adversely affect the public security, financial interests of theTown or the reputation of a person. After discussion with the Board of Assessors regard- ing the 1973 tax rate, it was voted to go out of Execu- tive Session and resume the open meeting. 92 Hennessey Stable Lease Selectmen's Meeting July 16, 1973 Mr.. O'Connell discussed Dr. John M. Bergmeyer's re- quest to rent the stable on the former Hennessey property to be used for his own storage needs. The building has been empty since it has been town -owned, has been vandal- ized and has been used in the evening as shelter for young people. With the help of Town Counsel Cohen, and after contacting Dr. Bergmeyer, a draft of a lease for a term of five years has been prepared. Dr. Bergmeyer will be responsible for maintenance and his insurance would cover his personal belongings stored in the building; the Town's insurance also covers it. The lease states that it is to be used for household effects and for no other purpose; if he wants to use the building for anything else, Dr. Bergmeyer has to come to the Town. Chairman Kenney: It is our intent to protect the property from vandalism and as Dr. Bergmeyer is an abutter this lease would help the situation. It is a question whether or not we want to tie it up for five years. Mr. O'Connell: Dr. Bergmeyer would not be adverse to a lease for three years. I'll talk with him. Upon motion duly made and seconded, it was voted to authorize the Town Manager to lease the stable on the former Hennessey property to Dr. John M. Bergmeyer, 11 Mountain Road, Lexington, for the rental fee of $200. per year, subject to the conditions set forth by the Town Manager. Mr. Fred C. Coughlan, 30 Burlington Street, met with the Board to discuss his request for the removal of a large tree located with the Town right-of-way adjacent to the side of his driveway, which results in a blind Tree driveway approach. Burlington Chairman Kenney: On May 3, Mr. Coughlan wrote to us Street regarding this tree and on June 18, the Board voted to Coughlan accept the recommendation of Mr. McSweeney to post the tree and hold a tree hearing on June 27. On June 28, Mr. Coughlan wrote another letter asking that the tree be removed as it is a safety hazard. We have received let- ters from citizens interested in saving or removing the tree. Also, a letter has been received from the Conser- vation Commission regarding its policy to preserve and protect existing trees wherever possible. After discussion, the Board agreed to hold the matter in abeyance pending a report from Mr. McSweeney on the possibility of upgrading traffic speed signs in the area and, also requesting him to look into the possibility of improving the sight problem by cutting and grading the banking at 30 Burlington Street. 1 Selectmen's Meeting July 16, 1973 Mr. Robert Bowyer, Design Advisory Committee member, and Dr. Eric Clarke, Chairman of the Planning Board, met with the Selectmen. Chairman Kenney informed Mr. Bowyer that the Board accepts the report of the Design Advisory Committee on the preliminary analysis of potential effects on Lexing- ton of an MBTA Red Line rapid transit extension to Route 128. This report will now be made available to the press. Mr. Brown: Now, we can write to the Secretary of Tranportation outlining the fact that we do not have enough information to evaluate the impact of a rapid transit extension on the Town. We can send him a copy of the report and the kinds of things we need to know have been outlined in it. The Board agreed and the following letter was sent to Alan A. Altshuler, State Secretary of Transportation: "As responsible members of the metropolitan commun- ity, Lexington acknowledges that the proposed extension of the Red Line rapid transit service to Route 128 would provide an improved system of public transportation which MBTA could lead to a reduction in the use of automobiles and Red Line the environmental pollution that results therefrom. Lex- Extension ington recognizes that a rapid transit extension would be beneficial to many residents of the town, some of whom would use the service regularly as commuters to places of work or education, particularly in Boston and Cambridge, and others who would use the service infrequently, but could avail themselves of the convenience that it would offer. Lexington appreciates and understands the posi- tions, on the Red Line extension to Route 128 taken by the Town of Arlington and the cities of Cambridge and Somer- ville. However, in contrast to Arlington, Cambridge and Somerville, Lexington has not yet had comparable informa- tion prepared for it by which it could evaluate the impact of a rapid transit extension on the town. For the section of the proposed Red Line extension which would traverse Lexington, the BTPR "Northwest Report" did not include an engineering analysis, an evaluation of alternative route alignments or alternative types of service, a detailed discussion of methods of construction, analysis of station location or station impact, an environmental impact state- ment, or adequate assessment of the costs and benefits to the town --- all of which were prepared in some detail for that part of the proposed extension from Harvard Square to Arlington Center. 194 Selectmen's Meeting July 16, 1973 Lexington can not now take an official position on whether the Red Line should be extended or not and will not be in a position to take an official position until comparable detailed information has been presented to the Town. We feel a responsibility to ourselves and to the other communities in the Northwest corridor to give this question a thorough evaluation so that we may render a fair and informed judgment. Accordingly we are willing to have a more detailed analysis conducted of the feasi- bility of a rapid transit extension and other public transportation service alternatives through the town, with the clear understanding the Town of Lexingtonis not now committing itself to a rapid transit extension, or any other alternative the study may produce. The Design Advisory Committee to the Planning Board, a group of design professionals who assist the Planning Board on a voluntary basis, has recently completed a pre- liminary analysis of the effects of a Red Line extension through Lexington. That report was most helpful in broaden- ing our understanding of the question and pointed out some problems which might be created for the town as well as some potential opportunities to improve the town that the transit extension would present. That report is firm in its conclusion, however, that much detailed information on design, economic impact, environmental impact, and the like are essential before the Town can take a position. We anticipate that Lexington might be in favor of an extension to Route 128 provided: a) The Town has a right of approval of all elements of the design of the extension, such as the alignment, the method of construction, the location of stations, access and parking facilities at stations, and design review of station structures; b) Assurances by State transportation officials that a sufficient construction budget will be available to reduce any adverse impact of the extension on Lexington, and further, that funds will be available for tranportation improvements related to the transit extension, such as highway and street access improvements and adequate parking facilities; c) Assurances by State transportaion officials that the Town of Lexington will not be unduly or disproportionately burdened with respect to the apportionment of the MBTA def- icit because of boarders at stations located in the town or from feeder bus service; and 1 1 19i Selectmen's Meeting July 16, 1973 d) Assurances from the Commonwealth of Massachusetts that a Red Line rapid transit extension will not result in increased commercial aircraft at Hanscom Field, or that Hanscom Field would become a satellite, or second airport, in conjunction with Logan Airport. The Town of Lexington suggests several steps which it sees as necessary to move forward on the evaluation of the proposed Red Line extension.. These are: 1) The Commonwealth of Massachusetts, through some appropriate transportation or planning agency, should obtain the funds for and conduct detailed planning studies, comparable to those conducted in Arlington, Cambridge and Somerville, but related to the specific problems presented by an extension through Lexington. (See below for a list of technical studies which should be included.) 2) The Commonwealth of Massachusetts, through some appropriate transportation or planning agency, should pro- vide funds to the Town of Lexington, or some grouping of towns in the Northwest corridor, during the planning period so that technically competent personnel will be available who will be answerable to the Town(s) and not to the pro- ponenents of the extension, who can: a) monitor the technical studies conducted in 1) above, interpret their findings and prepare a critique of them for the Town, b) conduct limited additional studies, conceived in behalf of the Town, with the purpose of suggesting addi- tional alternatives, as needed, to be analyzed, c) to inform and involve the various boards, com- mittees, and agencies of the Town as well as the citizens of Lexington in achieving an understanding of this extra- ordinary decision facing the Town. 3) The Town of Lexington and the Massachusetts Bay Transportation Authority should execute a Cooperation Agreement which would make the Town a full partner in the planning and development of the extension and would give the Town a right of approval of all physical facilities to be constructed by the MBTA and of the routing and oper- ation of bus service within the Town. 196 Selectmen's Meeting July 16, 1973 4) That the Secretary of Transportation and Construc- tion indicate to the Town of Lexington a proposed mechan- ism fora comprehensive transportation analysis and development of a comprehensive transportation policy plan for the Town of Lexington and its adjoining towns which are now faced with parallel, but not evidently fully coordinated, studies and planning in highways (Route 2 relocation, Route 128 parallel service roads, Route 128 interchange), rapid transit service, air travel, (the Arthur D. Little study for the Massachusetts Aeronautical Commission, and the Hanscom Fieldquestion), commuter rail- road (the Thomas K. Dyer, Inc._report for MBTA on use of railroad rights of way), fringe parking (the Skidmore Owings Merrill study of fringe parking lots and express bus service to downtown Boston), and.Bicentennial transportation planning (individual town efforts. and the work of Robert Sloan). In addition to the above steps, which we consider essen- tial, additional items may be desirable as follows: 1) A detailed analysis of the transportation needs and modesof travel of Lexington residents. Analysis of poten- tial for transportation service alternatives appropriate to a low density suburban town, such as Dial -a -Ride, feeder bus service, jitney service, and other forms of demand responsive service, in which Lexington might serve as a prototype for similar service in other lower density suburban towns in the Boston area. 2) Evaluation of new rapid transit service in suburban areaa of other cities in North America, perhaps by visita- tion to other towns in which new transit service is being constructed or planned, such as suburbs of Washington, D.C., San Francisco,. Baltimore, or Atlanta, all of which will provide service to low density residential areas. Attached is a list of specific studies which would permit Lexington to have comparable information to that now avail- able to Cambridge, Somerville, and part of the Arlington route. Because part of the extension through Lexington is proposed to be above ground, a different set of studies should be conducted in Lexington than was the case in Camb- ridge and Somerville where all of the route is proposed to be below ground. Also enclosed is the full Preliminary Analysis of Potential Effects on Lexington of an MBTA Red Line Rapid Transit Extension to Route 128 prepared for the Board of Selectmen and the Planning Board of the Town of Lexington by its Design Advisroy Committee. We look forward to discussing this matter further with you." 1 1 1 197 Selectmen's Meeting July 16, 1973 A List of Specific Studies Which Would Permit Lexington to Decide About the Red Line Extension to Route 128 1. An environmental impact statement 2. a more detailed analysis of potential transit rider- ship, within the town, and in those towns beyond Route 128, with particular attention to the likely mode of traval to stations in Lexington and the associated re- quirements for feeder bus service, parkand-ride, kiss - and -ride facilities. 3. alternative service possibilities such as transit ser- vice only to Arlington Heights, improved commuter rail service, feeder and/or express bus service, alternative alignments of a Red Line rapid transit extension, in- cluding at least consideration of a line going from Arlington Heights directly to the Burlington Mall. 4. consideration of an alternative in which no station is constructed in Lexington, except at Route 128. 5. engineering analysis indicating feasible methods of construction, alignments, costs of construction and identification of effects on local streets, utilities, ground water conditions, drainage and the like. 6. development of detailed cost estimates for alternatives alignments and alternative methods of construction. 7. development impact study, with particular emphasis on the effects of noise and vibration on homes, community buildings, natural areas and historic sites. 8. detailed station area studies, showing potential sta- tion locations, access and parking requirements and proposed solutions thereto. 9. private property acquisition and relocation require- ments, if any, showing the number of businesses and/or families which might need to be relocated and their relocation costs as well as the subsequent effects on the Town's tax base. 10. compatibility of a transit terminal with the Town's continued use of the Hartwell Avenue site for a refuse disposal -sanitary landfill procedure. 198 Selectmen's Meeting July 16, 1973 11. detailed analysis of the effects of station con- struction, with associated parking, or related economic development on the Tophet Swamp area. 12. analysis of operating costs for various types of public transportation service, potential revenues, and potential costs to the town attributable to the apportionment of the META deficit. 13. analysis of the potential for feeder bus service. 14. investigation of proposals by the Town for improve- ments in the Lexington Center area. 15. economic impact on the town with respect to access- ibility to local businesses and places of employment. 16. economic and growth impact on towns beyond Route 128 - analysis of the effects of a major transportation improvement in the Northwest Corridor. Mr. O'Connell informed the Board that repairs to the Bowman School roof have been completed. Mr. Bailey: What is the status of the appropriation Bowman account? School Mr. O'Connell: There is still a balance in the ac - Roof count. The School Department owes us for the leak as the agreement excluded the roofing contractor from any liabil- ity for anything beyond the roof. Chairman Kenney: We should have a substantial portion of the money. Mr. O'Connell recommended that the Board award the contract for the Hayes Lane Interceptor sewer to Celco Con - Contract struction Corporation, 95 Ryder Road, Weymouth, in the Hayes Lane amount of $32,855.55, as authorized under the appropriation Sewer for Article 23 of the 1973 Annual Town Meeting Warrant. Whitman & Howard have reviewed the bids. Upon motion duly made and seconded, it was voted to award the contract for the Hayes Lane interceptor sewer to Celco Construction Corporation in the amount of $32,855.55. Lexington Upon.motion duly made and seconded, it was voted to Mews refer to the Department of Public Works the letter from the Muzzey St. Lexington Mews regarding a proposed plan for reconstruction of a sidewalk at 10-12 Muzzey Street. 1 1 i99. Selectmen's Meeting July 16, 1973 The Board discussed a letter from Jack L. Strominger, 2030 Massachusetts Avenue, proposing that the Town share the cost of a split cedar fence at $700.00 instead of ac- Stroming cepting the offer of the Town to install a chain link Fence fence. The Board agreed to infprm Mr. Strominger that the Townis unable to share in the cost of the split cedar fence on his property. Upon motion duly made and seconded, it was voted to refer to the Traffic Committee a request from Mrs. Cyrus Driveway Fiske, 1155 Massachusetts Avenue, for a blind driveway Sign sign to be located east of junction of Marrett Road and Massachusetts Avenue. Upon motion duly made and seconded, it was voted to Office designate the Board of Health as the licensing authority for for Child Care Centers, and to so inform the Office for Children Children. Chairman Kenney read a petition from the Boston Edison Company and the New England Telephone Company for the relocation of a pole on Middle Street. No public hearing is required and abutters do not have to be notified. Middle Upon motion duly made and seconded, it was voted to Street grant permission to the Boston Edison Company and the Pole New England Telephone Company for the following location: Middle Street: Approximately 454 feet northwesterly from Marrett Road one pole; also re- move one pole. Upon motion duly made and seconded, it was voted to I.D. Card authorize the Chairman to sign the liquor identification card for Lizbeth B. Stang, 65 Bertwell Road. Chairman Kenney read a petition from residents pro- testing the 24-hour operation by the White Hen Pantry, 373 Massachusetts Avenue. Complaint Mr. and Mrs. Richard Silva, 500 Lowell Street, White Her were present at the meeting to offer their protests as Pantry abutters. After discussion, the Board requested Mr. O'Connell to contact the owners and request that they close at 12:00 Midnight. The matter was taken under advisement pending a report from Mr. O'Connell. 200 Water Abatements Minutes LCSR Report Selectmen's Meeting July 16, 1973 Chairman Kenney read a recommendation from the Direc- tor of Public Works/Engineering for water abatements. Upon motion duly made and seconded, it was voted to sign the following water abatements: John Fresina John G. Black Donald J. O'Hara Donald B. White 23 16 17 73 Constance M. Stohn 7 Edith Lagg P. Lawrence DiRusso Robert Pestana Johanna Giwosky Frank D. Mattison Anthony Rochette William J. Manning Frank J. Ryan Russell Dexter 120 15 34 6 36 370 20 46 58 No. Hancock St. Eaton Rd. Jthittier Rd. Hancock St. Flintlock Rd. Mass. Ave. Locke Lane Bow Street Patterson Rd. Cary Ave. Marrett•Rd. Spring St. Gleason Rd. Hancock St. $48.12 Wrong 12.60 Wrong 60.65 Wrong 70.80 Wrong 17.50 Wrong 2.80 Wrong 25.67 Wrong 26.62 Wrong 2.45 Wrong 21.70 Meter 28.65 Wrong 24.26 Wrong 28.35 Wrong 23.80 Wrong reading reading reading reading reading reading reading reading reading not working reading reading reading reading Chairman Kenney read a memorandum from the Conserva- tion Commission regarding the idling of motors of tour buses while stopped at the historic sites in Town. The Board agreed that a letter should be written to the Bus Companies requesting that motors not be idled while stopped at the historic sites. Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meetings of March 26, April 2, and April 9, 1973. Chairman Kenney informed the Board that a report has been received concerning the activities of the Lexington Commission on Suburban Responsibility during its 1972- 1973 year including the following: 1. Support of subsidized housing units in apartment developments and single family houses on scat- tered sites. 2. Assistance to the Permanent Building Committee in developing an appropriate contract provision for equal employment opportunity in the Cary Library project. 3. Minuteman Regional Vocational Technical High School: Support of equal employment opportunity in the construction of the school. Selectmen's Meeting July 16, 1973 4. LCSR has been designated as an agency to be con- tacted by MAPC regarding Civil Rights' consider- ations affecting applications for federal aid, which are reviewed by MAPC. Mr. Brown commented that he was impressed by all the things the commission has been doing. The Board agreed and a copy of the LCSR report was given to Mrs. Scigliano of the Lexington Minute -man. Mr. Busa discussed the repairs to Buckman Tavern and said that the work is progressing rapidly. However, the rear shed is in need of repairs and a decision must be made as to whether or not they should be done now. The Board agreed that the Architect should look at the roof, sidewalls, and the floor of the shed. Mr. Busa is to report back to the Board. Repairs Buckman Tavern 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, Executive might adversely affect the public security, financial Session 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. The Board discussed awards of damages as a result of sewer easements to be taken for the construction of the Hayes Lane sewer. Upon -motion duly made and seconded, it was voted the Hayes Lane intent to take sewer easements for the construction of Sewer the Hayes Lane sewer, with an award of damages to the Easements following property owners: John M. and Angie P. Ingraham 35 Hayes Lane $640.00 Katherine J. Buckley Ruth E. Savage Thomas C. Buckley John D. Buckley 121 Vine St. 580.00 Elizabeth A. and Joseph R. Leary Joseph E. Swan Robert D. Swan Ellen K. Legraw Duncan F. Swan Upon motion duly adjourn at 10:15 p.m. 116 Vine St. 610.00 56 Vine St. 220.00 made and seconded, it was voted to A true record, Attest: Executive Clerk, Selectmen 202 Library Chalk -in Cary Hall Caulking & Pointing SELECTMEN'S MEETING July 30, 1973 A regular meeting of the Board of Selectmen. was held in the Se- lectmen's Meeting Room, Town Office Building, on Monday, July 30, 1973, 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/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell recommended that'the Board vote blanket approval to the Cary Library Trustees to hold the annual chalk -in. We have re- ceived a request for one on August 6 and we could inform the Trustees to let us know in advance on what date it to be held so that ar- rangements can be made for assistance from the Department of Public Works and the Police Department. Upon motion duly made and seconded, it was voted to give blanket authorization to the Cary Library Trustees to hold the annual chalk - in on the Clarke Street side of the Library. Mr. O'Connell recommended that the Board vote to award the con- tract for Cleaning, Caulking and Pointing the Cary Memorial Building to F. DeCenzo & Sons, Incorporated, 25 Valley Road, Medford, in the amount of $3,510. It is our intent if this proves satisfactory, then we open up the questionof doing the remainder of the building with the remaining funds. Upon motion duly made and seconded, it was voted to award the contract for Cleaning, Caulking and Pointing the Cary Memorial Build- ing to F. DeCenzo & Sons, Incorporated in the amount of $3,510. Mr. O'Connell advised the Board that Mr. McSweeney has received the authority from the Division of Pollution Control to award the con - MDC Sewer tract for the M.D.C. sewer to Grant Street. Contract Mr. McSweeney explained that he had met with Mr. Greeley of the State Department and they discussed the grant. There is a bill before the Governor whereby we would receive 90 percent instead of 60 percent in aid for the cost of construction of the sewer. Upon motion duly made and seconded, it was voted to award the con- tract for the construction of the Cross Country M.D.C. sewer to Grant Street to Celco Construction Corporation of Weymouth in the amount of $32,855.55. Mr. O'Connell informed the Board that he has received information Police which has been publicly announced regarding the finding in the shoot- Loren ing of Loren Haskell, that Judge Hasset has found the Police Officers Haskell acted in the line of duty and are absolved. Selectmen's Meeting July 30, 1973 Mr. O'Connell advised the Board that vandalism is increasing, espe- cially at recreation facilities. When schools close down for the summer they become a prime target. Money budgeted for normal maintenance has to be used and operating funds are used for security personnel, and this can result in a reduction of a program and, therefore, the citizens suffer. We would like to appeal to the public to notify the Police at once. Also, to serve notice on those responsible that if they are ap- prehended, they would be prosecuted. The Board agreed. Mr. O'Connell informed the Board that under the new law, Chapter 351 of the Acts of 1973, Height and Weight Requirement for Police Offi- cers and Firemen, the new requirement is 5 feet 6 inches. We have been using 5 feet 7 inches and it requires the approval of the Board of Selectmen to become effective here. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the form to be sent to the Director of Civil Service indicating the approval of the Board of Selectmen of a minimum require- ment of 5 feet 6 inches for a Policeman in the Town of Lexington. This requirement is also applicable for the Firemen. Mr. O'Connell informed the Board that delivery of the new pumper for the Fire Department is expected within two weeks. Chairman Kenney read a request from the Conservation Commission for the taking of land adjacent to the Burlington Town line, as author- ized under Article 10 of the Special June 14, 1971 Town Meeting. Upon motion duly made and seconded, it was voted to instruct the Town Counsel to prepare the necessary papers for the taking of land adjacent to the Burlington Town line.. Chairman Kenney read a request from the Town of Burlington for a right of entry to Lexington land at the intersection of Middlesex Turn- pike and Adams Street. The Board agreed to withhold the decision until Mr. McSweeney receives additional information from the Town of Burlington. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification Cards for the following: Andrea Leigh Ross Bridle O'Hara Chairman Kenney read a letter quiring about future sewer service The Board agreed to inform Mr tion now for consideration at next 203 Vandalism Police & Fire - Height Re- quirements Fire Equip ment Lexington Burlington Land Taking Burlington Request Right of Entry I.D. Cards 8 Adams Street 12 Carriage Drive from Curtin Realty Associates in - in the area of Waltham/Allen Streets. Sewer . Curtin that he should make applica- Curtin year's Annual Town Meeting. 204 Regional Refuse Committee Selectmen's Meeting July 30, 1973 Mr. William Whalon and Mrs. Iris Wheaton met with the Board to give a progress report of the Regional Refuse Disposal Committee. He in- troduced Mr. Peter Camourelis of the Raytheon Company. Mr. Whalon: With respect to our committee, we have to report that no progress has been made at all. The City of Waltham has withdrawn out of necessity because it has been faced with critical problems. It has become associated with Newton and they have secured some sort of federal financing which they hope will lead toimprovements in the Newton incin- erator. Other communities, Weston, Lincoln and Concord have an interest in the SILC group which has made application similar to what Lexington did years ago, to see what they can do. They have formed a. legally con- stituted board and have subcommittees for study, and I; suspect they will come in with.a report of their own in a few years. The outlook of our Board is very dismal. Chairman Kenney: You say Waltham has made arrangements with Newton, is that for 10 years. Mr. Whalon: It is just conjecture but I would say it is not a per - anent solution. Chairman Kenney: Wouldn't they want to stay with you? Is that group looking for long-range solutions? Mr. Whalon: It is beyond the capabilities of a voluntary group to solve their problems. None of the three communities involved wanted it in their backyard, and that isthe problem with all of them. The State now has legislation pending on a variety of disposal methods on incin- eration, reclamation or landfill, and the minimum area they are talking about is 100 acres and nobody has it. We were impressed with the rec- lamation systems that were developed but they have been unable to get substantial landfill areas and they have not been able to get DPW to acquire landfill. In respect to our solutions, we should explore every single area. It has to be handled by full time, paid professional em- ployees. We have to have a dependable operation and explore every single avenue that the life of our landfill is extended. The conflict between environmental concerns has got to be balanced. If we don't utilize what we have, nobody else is going to take care of it. We have to build upwards. Chairman Kenney: As a practical matter, Mr. McSweeney and his de- partment are trying to maximize ours. Are you saying that we pull out of the group now? Mr. Whalon: We meet but don't get a quorum. If we don't get re- sponse in the fall, we should dissolve the arrangement and pass on information to the DPW or to have a citizens' group to monitor the progress. Efforts are being made by universities and the government. We had the opportunity to join SILC and they have 180 acres in Concord, but they don't have a commitment to get the land. Chairman Kenney: On your recommendation, we didn't join with them. I think it will be a couple of years before they come up with a recom- mendation. Also, we would be the largest community in the group. 2 ()� Selecmen's Meeting July 30, 1973 Mr. Camourelis can express a valid opinion on what is going to happen and keep the Town informed. Mr. Camourelis: I really don't know what's been happening but it might be worthwhile what might happen in 2 or 3 years because I am in- volved as to what will happen in the area. On Newton and Waltham, they had an operation funded for $119,000 to study how the two communi- ties might get together but there were political and technical problems. Newton's incinerator was not too bad so the proposition was that they get together. The cost for additional equipment might be more than the cost of an incinerator and there was a question of whether to proceed. It was decided to use the funded money to see how they could improve the incinerator and use it for 5 or 10 years. In Lowell, the community is funded by E.P.A. $3.2 million program, $2.4 million from E.P.A. and the balance provided by the Department of Public Works. You ought to keep in touch with E.P.A. In 4 or 5 years incineration will be elimi- nated and replaced by paper being further treated to permit material to be used in power plants. Chairman Kenney to Mr. Whalon: Keep in touch with us after your group meets in the fall. It might be well to have the Town have its own group. Mr. Whalon and Mrs. Wheaton agreed. The Board discussed the Order of Taking for the Hayes Lane Sewer. Hayes Lane Upon motion duly made and seconded, it was voted to sign the Order Sewer of Taking for the construction of the Hayes Lane Sewer. Chairman Kenney read a recommendation from the Director of Public Works/Engineering that the Board approve an intent to take sewer ease- ments under Sewer Contract 73-5-E. If approved, he requested the Board instruct Town Counsel to prepare the necessary orders of Takings for Sewer recording at the Registry of Deeds. Easements Upon motion duly made and seconded, the Board voted an intent to take the following easements, with awards of damages listed. Also, to request Town Counsel to prepare orders of taking for recording at the Registry of Deeds: 1. Plan of Sewer & Drain Easement off Woburn Street Lexington, Mass. dated May 24, 1973. James L. & Linda J. Moloy and Henry L. & Mary C. Pedrotti Joint owners - No damages. . 2. Plan of Drain & Sewer Easement from Lowell St. to Laconia St. Lexington, Mass. dated May 24, 1973 Countryside Bible Chapel, Inc. - No damages Woburn St. Lowell St. 206 Selectmen's Meeting July 30, 1973 3. Plan of Sewer & Drain Easement from Rolfe Rd. to Lowell St. Lexington, Mass. dated May 24, 1973 Kenneth S. & Mavis A. Champion - $ 50.00 David M. & Sheila Franklin - 50.00 John J. & Doris G. Donahue 200.00 Chairman Kenney read a report from the Traffic Committee concern- ing a request from Alison Marks, 9 Peacock Farm Road,:on the traffic Traffic hazards on Bedford Street. Bedford The Board agreed to inform Miss Marks that the State Department Street of Public Works has agreed to an amended speed zone regulation from 35 to 30 miles an hour. The new signs are to be installed in September. Chairman Kenney read a report from the Traffic Committee regard- Muzzey St. ing traffic on Muzzey Street at the intersection of 'Forest Street, stating that the Engineering Department is to make arrangements for the installation of more adequate signs warning motorists not to con- tinue as it becomes one-way. Chairman Kenney read a report from the Traffic Committee in re- ply to a petition from the Munroe School Parent Teacher Association Munroe for a pedestrian light on Massachusetts Avenue in front of the school. School The report states that it does not meet the warrants.required by the Pedestrian State for a pedestrian signal light but the location could be assessed Light again when shcool opens in September. The Board agreed to so inform the petitioners and the School Committee. Chairman Kenney read a report from the Traffic Committee recom- Mass. Ave. mending the installation of a "Blind Driveway" sign as requested by Driveway Mrs. Cyrus Fiske, 1155 Massachusetts Avenue. The Board agreed to so inform Mrs. Fiske. Chairman Kenney read a report from the Traffic Committee recom- mending the denial of a request from Mrs. Clarissa Youens, 12 Blossom - crest Road, for a "Caution Children" sign on Blossomcrest Road on the Requests basis that the area does not meet the warrants for such a sign. for Upon motion duly made and seconded, it was voted to deny the re- Caution quest of Mrs. Clarissa Youens for a "Caution Children" sign on Blossom - Signs crest Road. Chairman Kenney informed the Board that a similar request has been received from Mrs. Ronald Levy, 15 Bryant Road. Upon motion duly made and seconded, it was voted to deny the re- quest of Mrs. Ronald Levy for a "Caution Children" sign on Bryant Road. 207 Selectmen's Meeting July 30, 1973 Upon motion duly made and seconded, it was voted to deny the re- quest of Mrs. Ronald Levy for a "Caution Children" sign on Bryant Road. Chairman Kenney informed the Board that Town Counsel Cohen recom- mends the acceptance of Chapter 180, Section 17A, of the General Laws Dues in order to permit the Town of Lexington to deduct Union dues. Deduction Upon motion duly made and seconded, it was voted ,that the Town of Lexington accepts Chapter 180, Section 17A, of the General Laws, as amended. The Board discussed appointments to the Youth Advisory Commission. Upon motion duly made and seconded, it was voted to appoint the following for a term of office from July 1, 1973 to June 30, 1974: Youth Advisory Commission Board of Selectmen Mr. Alfred S. Busa School Committee Mrs. Jane Berchtold Recreation Committee Mr. Charles F. Gallagher, Jr. Police Department Captain Paul Furdon Town Meeting Representative Mr. Stephen M. Politi Teacher Mr. Richard Robbat Mr. Richard Sandberg (alternate) High School Students Seniors Juniors Sophomores Junior High Students Ginny Comstock Linda Chen Lynn McArdle (alternate) Josh Cochin Betsy Kassler Madalyn Quinlin (alternate) Christopher Anderson Susan Abkowitz Mary Rockwood Matt Powers Jo -Anne Soshnick Doug G. Gallagher 2OS Selectmen's Meeting July 30, 1973 Organizations of and for yound people: Rotary Club of Lexington Mr. Gunther Kleeberg Girl Scouts of America Mrs. Shirley Hamblen Mystic Valley Mental Health Center Mr. Donald K. Tucker Re -Place, Inc. Ms. Jean Miley Attic Mr. William Hays Sacred Heart Church Stephen Doran First Baptist Church David Norcross The Board discussed appointments to the Lexington Commission on Suburban Responsibility. Upon motion duly made and seconded, it was voted to appoint the following for a term of office from July 1, 1973 to June 30, 1974: Lexington Commission on Suburban Responsibility Frank I. Michelman, Chairman At -large Natalie H. Riffin Selectmen Helena M. Butters League of Women Voters Elizabeth H. Clarke At -large Lois W. Brown Metropolitan Area Planning Council Stanley A. Brown Planning Board Jacqueline B. Davison School Committee Paul A. Plasse TMMA Executive Committee Richard K. Eaton TMMA General Membership Howard Cravis Council of Congregations John Maloney Chamber of Commerce Daniel E. Power Housing Authority James Hathaway Teachers Selectmen's Meeting July 30, 1973 Clarence D. Turner Edward A. Silva Karen Saakvitne Joseph Russo Upon motion duly made minutes of the Selectmen's Meeting of April 17, 1973. Lexington Interfaith Town Employee Student Student and seconded, it was voted to approve the Upon motion duly made and seconded, it was voted to sign Con- tract 73-10-E, Street and Parking Area Resurfacing, which was awarded by the Board on July 16, 1973 to Starrett Paving Corp. on July 16, 1973 in the amount of $47,790. Chairman Kenney informed the Board of Mr. McSweeney's recommend- ation to add Myrna Road to Contract 72-7-E, which was awarded on April 23, 1973 to P. Gioioso & Sons, Inc., for sanitary sewer con- struction. Upon motion duly made and seconded, it was voted to approve an Extra Work Order on Contract 72-7-E to include Myrna Road. Chairman Kenney read a report from Mr. McSweeney regarding a meeting with the State DPW, District 4 office, on the East Street Chapter 90 project, stating "that the meeting was held to review the available funds appropriated for this project which is in the amount of $180,000 for the reconstruction of East Street under Chapter 90. This does not include the signalization of East and Lowell Streets which also will be included in this project under a separate con- tract with an approved amount of $17,500. The preliminary estimate for the reconstruction as prepared by Mr. Kiernan's office is in the amount of $210,000 - $30,000 in excess of the amount previously mentioned. After careful review, it was agreed by all those in attendance that the project should go ahead as designed. Mr. Kiernan asked me whether I would consider requesting the Board of Selectmen to allocate $47,686 bond issue for Chapter 90 that was being allocated to the Town for the fiscal year 1974 by the Common- wealth of Massachusetts. I have reviewed this request with Mr. Norman Cohen, Town Counsel, to ascertain whether the Board of Selectmen had the authority to do this. Mr. Cohen, after consultation with Mr. Walter Abel, Bureau of Accounts and Mr. James Dunn, State Department of Public Works informs me that these funds when appropriated can be assigned to this project. Therefore, I would recommend that the Board of Selectmen vote to assign these monies in the amount of $47,686 to the East Street Chap- ter 96 -Project. 209 Minutes Resurfacing Contract 72-7-E Extra Work Order East Street 210 Selectmen's Meeting July 30, 1973 If this request meets with your approval, I will make the neces- sary arrangements with District #4 office to expedite this project." Upon motion duly made and seconded, it was voted to allocate the $47,686 bond issue for Chapter 90, which is being allocated to the Town for the fiscal year 1974, to the East Street project which was voted by Town Meeting, with the understanding that this action meets with the approval of Town Counsel and the Director of Accounts. Chairman Kenney read a report from Mr. McSweeney in reply to a request from the Lexington Mews Trust, 10-12 Muzzey Street, for con- sideration of Town funds to assist in the reconstruction of a side- walk. The report states that "the cost of reconstructing should be Lexington wholly borne by the abutter except when the Town requests work beyond Mews normal requirements. This appears to be a case where the abutter is Sidewalk proposing a sidewalk beyond the normal requirements, which would obviously improve the property, and then asking the Town to partici- pate in the cost of the improvement. In any event, no portion of the sidewalk should be laid level. This department will not approve a 6" bituminous berm since it is highly susceptible to plow damage. We recommend granite curbing." Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works regarding the Lexing- ton Mews' sidewalk and to inform Mrs. Samoylenko, Trustee, that the Town is unable to participate in the funds for the reconstruction of the sidewalk. Also, plans must be approved by Mr. McSweeney prior to commencement of the project. Chairman Kenney read a report from the Traffic Committee inform Gleason ing the Board that his department had cut down the bushes at the Road intersection of Gleason Road and Fuller Road to improve the visibility. Bushes The Board agreed to inform the petitioners who reside on Gleason Road. Lowell The Board again discussed a request from Mr. Ephraim Weiss for a Street ramp at the intersection of Lowell and Woburn Street and it was agreed Ramp that Mr. McSweeney is to report back to the Board. Chairman Kenney informed the Board that Mr. O'Connell has given Garage recommendations for the policy on Garage and Yard sales and it will be Sales discussed at the Selectmen's work session, to be held shortly. 4-H Chairman Kenney read a letter from the Lexington 4-H Volunteers Show Horse Club for the use of Willard's Woods for an instruction clinic on Permit August 19, 1973. The Board had no objection to an Instruction Clinic being held on August 19 from 10:00 a.m. to 4:00 p.m. but would recommend to the 4-H Club that the Harrington School area be used as it is most suitable for a horse show, with the understanding that the equipment be removed 1 Selectmen's Meeting July 30� 1973 211 and the area cleared of litter at the conclusion of the event. Also, the Director of Recreation and the Park Superintendent are to be con- tacted for assistance in the preparations for the Clinic. Chairman Kenney read a memo from Mr. Michelman of the Lexington Commission on Suburban Responsibility proposing that the Scattered Sites Committee look into the lots that are more easily cleared ! LCSR through the Housing Authority, and he would like permission to have) Housing Town Counsel look into those plots of land that were recommended by', Authority the Planning Board and have 10 or 11 cleared by title. Mr. Busa: We are planning to go forward with this type of con- struction on a single house basis with 2 or 3 bedrooms. We had an idea we could go through local contractors without going through the bond bid procedure. There is legislation now to provide the mechanH ism to provide the authority to construct turnkey without going out', to bid, without adhering to the regulations on the bonding laws. I It would simplify and cut costs quite a bit. The Board agreed to inform Mr. Michelman that the Board had dis- cussed his report and suggestions regarding scattered site housing and concurs with the outlined procedures. Upon motion duly made and seconded, it was voted to go into Exe,- cutive Session for the purpose of discussing, deliberating or voting, Executive on matters which, if made public might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. After discussion of matters of public interest, it was voted tai go out of Executive Session. Upon motion duly made and seconded, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:30 p.m. A true record, Attest: 2.22 Executive Clerk, Selectmen 212 Treasurer DPW Permit SPECIAL SELECTMEN'S MEETING August 6, 1973 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building on Monday, August 6, 1973 at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager, were present. Mr. Louis Zehner, Town Treasurer, met with the Board to request authorization to borrow $500,000 in tax anticipation loans to be dated August 10, 1973 and maturing November 2, 1973. The following banks were low bidders: New England Merchants National Bank - $250,000 @ 5.90% First National Bank of Boston - $100,000 @ 5.90% Harvard Trust Company $150,000 @ 5.95% The Board voted to authorize the Town Treasurer to borrow $500,000 in tax anticipation loans and to accept the three winning bids. Mr. Zehner expects to average an 8% gain on library construction funds over the 18 month construction period. Mr. McSweeney, Director of Public Works/Engineering submitted three copies each of 1973-1974 forms for State aid to be submitted to District 4, Department of Public Works - State Aid Office. Upon ap- proval, arrangements will be made with Mr. C.F. Mistretta, District Highway Engineer, Di$trict 4. The Board voted to sign three copies of the forms for accepting State aid from the Department of Public Works. Father Salmon, St. Jude's Parish, Waltham, requested permission to hold a band concert on Lexington Center public land on Wednesday, Thursday or Friday, August 9th, 10th or llth. The Board agreed that the Buckman Tavern grounds would be suitable between 10:00 a.m. and 3:00 p.m. and that the arrangements are to be worked out by the Town Manager. On motion duly made and seconded, it was voted to adjourn at 7:45 p.m. _✓I4 -f, Z Natalie H. Riffin Acting Secretary SELECTMEN'S MEETING August 13, 1973 . A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, August 13, 1973 at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public WorksAEn- gineering; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, twelve jurors were drawn, as follows: Frederick B. Rosenberger Stanley A. Casazza Dante DiMambro Howard D. DeShon Charles B. Walters James H. Farrell Hervey P. Beaudoin Walter Gudzinski Marjorie Modoono Lora M. Wallis Ethel A. Miller Catherine J. Sullivan 42 Locust Avenue 96 No. Hancock Street 22 Moreland Avenue 36A Worthen Road 19 Oakland Street 33 Philip Road 175 Lowell Street 107 Shade Street 285 Woburn Street 25 Woodcliffe Road 11 Outlook Drive 40 Earl Street Mr. O'Connell recommended that Mrs. Greta Glennon, Veterans' Agent be appointed as the Town liaison with the organizations for the elderly. Mrs. Glennon could refer people to the proper agencies and, also, have contacts with state agencies. Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Manager to appoint Mrs. Greta Glennon as liaison for the elderly in the Town of Lexington. 213 Jurors Liaison Officer for Elderly Citizens Mr. O'Connell informed the Board that bids have been received for the Sanitary Landfill compactor: State Equipment Corp., Burling -I ton, for a Hyster-$46,920; Powered Equipment Corp., Newton Highlands,', for a Rex -Factor -$49,500; Hedge & Mattheis Company, Needham Hts., for Compactor a Buffalo-Bomag-$52,385. $80,000 was appropriated by Town Meeting, $45,000 from Revenue Sharing Funds and the remainder from the DPW budget. Public Works is setting up plans for further demonstration and feels that a medium sized compactor, such as the Hyster, is ade- quate to meet their needs. We will be informed of the demonstration date. Mr. O'Connell informed the Board that a request has been received from Mr. McSweeney to ask approval of the Trustees of Public Trust for $325 from the Munroe Cemetery Fund to repair one of the tombs. Munroe Cemetery Fund 214 Selectmen's Meeting August 13, 1973 Upon motion duly made and seconded, it was voted to request ap- proval of the Trustees of Public Trusts for $325 from the Munroe Cemetery Fund for repairs to a tomb in.the Munroe Cemetery. The Board discussed the appointment of Reverend Harold Handley Bicenten- as a member of the Bicentennial Committee to act as liaison between nial local churches and the committee. Appoint- Upon motion duly made and seconded, it was voted to appoint ment Reverend Harold Handley a member of the Lexington Bicentennial Committee. Orders for Sewer Con- struction Upon motion duly made and seconded, it was voted to sign the Orders for Construction of Sewer on the following streets: ADAMS STREET from North Street a distance of 520 feet, more or less, Northerly to Lexington -Burlington Town line. LOWELL STREET from Laconia Street a distance of 130 feet, more or less, Southerly, and from Laconia Street a distance of 465 feet, more or less, Northerly. RUMFORD ROAD from Woburn Street a distance of 1580 feet, more or less, to Laconia Street. WOBURN STREET from Rumford Road a distance of 610 feet, more or less, Easterly. Sign Orders of Sewer Taking on the following streets: FOURTH STREET from Young Street a distance of 206 feet, more or less. Southeasterly, to the end. LACONIA STREET from Lowell Street a distance of 2030 feet, more or less, Southerly and Westerly to existing sewer. MYRNA ROAD & from Adams Street, a distance of 950 feet, more or less, CARL ROAD to North Street. YOUNG STREET from Rumford Road a distance of 180 feet, more or less, Southwesterly to Fourth Street. Buckman Upon motion duly made and seconded, it was voted to authorize the Tavern Chairman to sign the agreement with Boston Edison Company for the in- Elec. Ser. stallation of electrical service for Buckman Tavern. Mr. O'Connell discussed the proposal from Educational Service Pro - Audio grams, Inc., of New York for installation of an audio system in and System around the Battle Green. He advised the Board that there is a policy Battle matter to consider and should give an indication of where it would like Green 1 215 Selectmen's Meeting August 13, 1973 to place the responsibility. He had talked with Mr. Michelson and ReV. Handley as this would be the first service on the Green for which there would be an established fee. Everything we have on the Green, except for Buckman Tavern, is without charge. The rental for headphones would be 35 cents for children, $1.00 for adults, and a group rate for_ conducted tours. Rev. Handley sees no problem of competition with the guides and feels the service would be particularly helpful during the off-season when no guides are on duty. The Historical Society and the Bicentennial Committee think it would be a good service to augment guide service if we have a large volume of tourists during Bicentennial years. Mr. Brown: Would the Town receive any of the money? Mr. O'Connell: The contract would be between this agency and the contracting party that the Town designates, and the contracting party shares in a percentage of the gross income. Therefore, the Town, under contract, would have the right to designate where that money went. Chairman Kenney: Would they have a full time employee? Mr. O'Connell: The implication is yes. They would want to in- stall the equipment in the Visitors' Center, a console about 5 feet long, and to provide the service there. An employee would have a desk in the lobby and would sell the use of earphones to tourists, with a deposit re- quired. They would handle the system. The proposed contract is for 5 years but there is an escape clause after two years. Mr. Busa: I would like to pursue it with more information than we have now to see whether it is feasible and worth the trouble it might cause. Mr. Brown: We have no information on the quality of the sound. Mr. O'Connell: I understand that the Historical Society is not interested in operating it and the Board may be interested in having the Chamber of Commerce handle it. If they don't want to do it, then Tow -1 government would have to do it - and I can see administrative headaches to go with it. Chairman Kenney: Obviously, the only advantage is the revenue; is it sufficient to warrant going into it? I doubt if that company could afford to have a person there during January, February and March - or do we have that responsibility? Mr. Bailey: I would like to have an understanding with the Chamber of Commerce and get them on record as to the responsibility. Mr., O'Connell: You always have the opportunity to give them the management and let the contracting parties share in the gross income. The Chamber of Commerce is interested in doing it and assuming we find the quality satisfactory and maintenance is free, it would be worthwhile moneywise. Chairman Kenney: Regarding the quality of the service, we would have to investigate one of the other areas that have it. Mrs. Riffin: Several of the groups using it have been using it for four and a half years. It might be well to write to the Smithsonian Institute and inquire about it. 216 Selectmen's Meeting August 13, 1973 The Board agreed that Mr. Brown is to check with the Smithsonian Institute for information on the audio system, and Mr. O'Connell is to talk to the Chamber of Commerce as to what purpose they would put the income. A letter is to be written to Mr. Jones of Educational Service Programs, Inc. informing him that the matter has been taken under ad- visement. Mr. Alan H. Green was present at the meeting and informed the Board of an Urban Technology Conference at Hynes Auditorium in Septem- ber by the American Association of Astronauts and Aeronautics with a program on balanced transportation, energy problems, etc. Chairman Kenney read a report from the Traffice Committee regard- ing a notice from the Department of Public Utilities that signs at Lexington railroad crossings have not been maintained in accordance with Chapter 160, section 142, of the General Laws. RR Crossing Upon motion duly made and seconded, it was voted to inform the signs Department of Public Utilities that the Director of Public Works/Engineer- ing is to make arrangements to install warning signs as soon as possible at the following locations: Street Side Location Mariam Street Southeasterly 25' Northeasterly of Mass. Ave. Hancock Street Easterly 250' Southerly of rail- road tracks Harrington Road Southeasterly 250' Southwesterly of railroad tracks Bedford Street Southwesterly 250' Northwesterly of (State Highway Section) railroad tracks Chairman Kenney informed the Board that approval has been re - Grove St. ceived from the State Department of Public Works regarding Speed Regula - Speed tion 825 certifying the regulation of the following speed limits: Regulation 30 miles per hour on Grove Street -Northbound beginning at Burlington Street. 30 miles per hour on Grove Street -Southbound beginning at the Bedford Town line. Chairman Kenney read a report from the Director of Public Works/ Engineering in reply to a complaint from Mr. Edward E. Domings, 37 Domings Valleyfield Street, of flooding conditions from the brook that passes Flooding through his property. The report states that Clematis Brook had been cleaned and Mr. Domings had been informed that this would not be the Selectmen's Meeting August 13, 1973 the solution to his problems as he had built his home and developed his site in.a low, wet marginal area with his cellar floor and driveway below the flood level of the brook. Mr. Domings refuses to face these facts and continues to believe that the Town is responsible for his mis- take. The records show that a number of people on Grassland and Valley- field Streets have built homes after Mr. Domings and those that placed their cellar floors above the level of the brook and the sill of their houses above the centerline profile grade of the street are not experi- encing any flooding problems. It was agreed to inform Mr. Domings that it was the conclusion of the Board that his home is set below the flood level of the brook and, as this is a private matter, the Town has no further obligation. The Board discussed an amendment to the Traffic Rules and Orders concerning parking regulations at the Lexington Senior High School. Chairman Kenney: We wrote to the School Committee to see if these regulations met with their approval and told them it involves the installation of 67 signs at an estimated cost of $15.00 per sign, int eluding the post. We do not have the money but the School Committee,is willing to pay for the signs. Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders of Lexington, adopted by the Board of Select- men on November 13, 1967 as follows: Location Side From Sec. "A" Northerly Waltham Street Sec. "A" Southerly Waltham Street Sec. Both Northerly Side "A-1" of Sec. "A" To 600' Westerly 600' Westerly 40' Northerly Sec. "B" Northerly A distance of 300' Sec. "B" Southerly Section "A" Sec. Both Northerly Side "B-1" of Sec. "B" Sec. "C" Easterly Northerly Side of Sec. "A" Sec. "C" Easterly 190' Northerly of the North erly Side of Sec. "A" 120' Westerly 120' Northerly 125' Northerly 300' Northerly Type Parking No Parking Anytime No Parking Anytime No Parking Anyltime No Parking Anytime Staff & Visitdr Parking 21s, High School Parking No Parking Anyttime No Parking Anytime No Parking 7:'5 a.m. to 2:45 p.m.1 218 Taxi Rates Garage & Yard Sales Selectmen's Meeting August 13, 1973 Location Sec. "C" Sec. "D" Westerly North- westerly Sec. "E" Easterly Sec. "F" Easterly Sec. "F" Westerly Sec. "G" North- easterly Sec. "G" North- easterly & South- westerly Muzzey Both Street Sec. "H-1" South- easterly Sec. "H" Both Sec. "D" Northerly Side A Distance of Easterly Side of Sec. "C" Section "C" Section "C" Section "F" 150' North westerly of Sec. "F" Park Drive Park Drive Sec. "H-1" 500' Northerly 120' (In front of Main Office) 100' North- easterly 350' North- easterly 350' North easterly 100' North- westerly 150' North- westerly 175' South westerly 150' South westerly 850' to End No Parking Anytime No Parking No Parking Anytime SCHOOL BUS"AREA No Parking 7:45 a.m. to 2:45 p.m. SCHOOL BUS AREA No Parking 7:45 a.m. to 2:45 p.m. No Parking Anytime No Parking Either Side 8:00 a.m. to 2:15 p.m. No Parking Anytime No Parking this Side No Parking Beyond this point, ON or OFF Pa,ement Service Vehicles Only Upon motion duly made and seconded, it was voted to table the re- quest of the Lexington Taxi Co., Inc. for increased rates pending addi- tional information from the Town Manager regarding rates in surrounding towns. The Board discussed a policy statement regarding garage and yard sales in the Town. Upon motion duly made and seconded, it was voted to adopt the following policy regarding Garage and Yard Sales, as recommended by the Town Manager: 1 1 Selectmen's Meeting August 13, 1973 Garage and Yard Sales Policy Statement Despite some complaints, the Board of Selectmen desires to continue to allow private citizens and civic groups to con- duct private sales (such as garage, yard, flea markets and similar) provided they are carried out in a manner which does not create violations of Town by-laws or cause neigh- borhood nuisances. Lexington citizens are advised that the following restrictions apply: 1. Sales cannot be conducted on Sundays or Holidays where the Sunday law applies. 2. Any signs involved must be in compliance with applicable by-laws. Citizens are reminded that a permit issued by the Board of SelectL men is required to post any signs on or in the public way (Article XXIV, Section 17). Citizens should check the by-laws regarding the posting of signs on private residential property. All signs must be removed upon completion of each sale. 3. Conduct of such sales on a frequent and/or continuing basis can- not be permitted, since it may take the activity out of the private sale category and produce a requirement for a transient vendor and/or junk dealers license or zoning variance. Willingness of neighboring residents to tolerate these sales cheerfully can only be expected if they take place infrequently. 1 4. Care must be taken to avoid creating traffic congestion and/or area parking, conditions which would cause serious neighborhood problem . All applicable traffic laws must be observed. 5. Those responsible for conducting such sales must limit the hours and control the conduct so as to avoid unreasonable noise or cau$e a neighborhood nuisance. 6. Continuation of these rules will be contingent upon favorable ex+ perience. The Board discussed the appointment of Election Officers. Upon motion duly made and seconded, it was voted to appoint 1973 1974 Election Officers as follows: Democrats Republicans *Mrs. Ann M. Baum Mrs. Edna D. Anderson 4 Wright Street 21 Leonard Road 219 Election Officers 220 Selectmen's Meeting August 13, 1973 Democrats Mrs. Mary C. Casey 22 Valley Raod 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 11 Fairview Avenue Mrs. Rita E. Kiley 37 Wachusett Drive Mrs. Edna F. Marshall 110 Woburn Street 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 Mrs. Randall W. Richards 67 Farmcrest Avenue Mr. Joseph O. Rooney 222 Waltham Street Mrs. Mary V. Spencer 8 Cary Avenue Mrs. Anne C. Williamson 150 Grant Street Republicans Mrs. Mary E. Clifford 54 Chase Avenue Mrs. Mildred M. Cronin 14 Utica Street Mrs. Florence M. Downe 112 Bedford Street Mrs. Ilda J. Field 30 Chase Avenue 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 Street 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. Helen L. Perry 16 Ellison Road Mrs. Dolores M. Swan 24 Bedford Street Mrs. Virginia M. Warner 71 Adams Street Mrs. Margaret S. Wilson 103 Meriam Street Mrs. Mildred M. Cronin 14 Utica Street Selectmen's Meeting August 13, 1973 Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for ation to be located at 13 Pine Knoll Road: Merion M. and Julius C. Ritter Marguerite A. Cronin Elizabeth E. Ward Ethel L. Wright "Lexington (Mass.) Chapter #1533 of American Association of Retired Persons, Inc." Certificate of Incorpdr- Upon motion duly made and seconded, it was voted to sign Town of Lexington licenses for Weekdays and Sundays for the Lexington Theatre; also to sign approval of Lexington Theatre application to the State of Massachusetts for a Sunday license. Upon motion duly made and seconded, it was voted to sign the con- tract with Celco Corp. for the Interceptor Sewer, in the amount of $32,855.55, subject to approval of Town Counsel as to form.. The Board discussed slope easements on Waltham Street, Grassland Street, Holland Street, Fern Street, and Brookside Avenue. Upon motion duly made and seconded, it was voted the intent to make the takings for slope easements on Waltham Street, Grassland Streit, Holland Street, Fern Street, and Brookside Avenue. 1 Chairman Kenney advised the Board that the meters have been removed from the area behind Craft Cleaners and it is now available for all -day/ parking. Rough grading has been done in the Meriam Street parking loth and we are in the process of installing meters behind Depositors Trust 11 Mr. O'Connell discussed tax title lots 124 and 125, Sunset Avenues which were voted on September 21, 1970 to be sold to James A. Pallis for $1,000. This transaction has never been consummated, although the Board had written to Mr. Pallis' attorney, Mr. Russian, informing him of the vote to sell the lots. Former Town Counsel raised the question of the status of the title to these lots and Mr. Russian now has the information that the Town does have registered title; so the tax title information has been established and Mr. Pallis wouldlike to pay $1,000 for lots 124 and 125, plus the pro forma tax and recording fees. Mr. Russian had raised a question on lot 128 but my suggestion would be, to consider the old request and not the new one. Mr. Kenney: Is this lot on the list prepared by the Planning Board? Mr. O'Connell: No. Mr. Brown: This new lot is not contiguous to lots 124 and 125? 221 Cert. of Incorp. Theatre Licenses Celco Contract Sewer Slope Easements Parking Meters Pallis Tax Title 222 Selectmen's Meeting August 13, 1974 Mr. O'Connell: No. If the Board agrees, I can inform Mr. Russian that before any consideration of lot 128 is given, we would include consideration of the present and future status of adjacent lots 126 and 127. The Board agreed to refer the matter to Town Counsel to update the figures for the pro forma tax and to make arrangements to complete the transaction. Mr. O'Connell is to notify Attorney Russian of the decision of the Board. Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on Session matters which, if made public, might adversely affect the public security, fianacial interests of the Town or the reputation of a person. After discussion of personnel matters, it was voted to go out of Executive Session and resume the open meeting. Messrs. Greeley, Michelson and Politi of the Lexington Bicentennial Committee met with the Board. Chairman Kenney: We would like to have a mutual discussion on the proposed executive committee for the Bicentennial Committee. We have received a request from Mr. Howard for six members. Bicentennial Mr. O'Connell: My feeling is that the Bicentennial Committee ought Committee to first determine what the best operating split is for getting the job done - to reorganize it into an executive board and have up to nine pro- ject divisions. Mr. Greeley: That is about what we have on our organization chart. I think we are in agreement regarding most of the functional committee, but it is the Executive Cutuuittee and how we pin it down as far as pro- cedure. Chairman Kenney: We would appoint the Executive Committee. We are saying we would like to appoint an Executive Committee comprised of the committee heads, and let you refine it plus the Chairman, program and finance, and meet again to discuss delineation and responsibility. We are going to have the logistics operational portion in the hands of the full-time professionals in the Town. Mr. Greeley: The major part is the membership of this committee and for each to individually understand the area of responsibility. The manager has asked us how we want him to be active in this and also fit in the new people. Mr. Greeley: We can meet with you on the 27th with a resolution of the manager's recommendations and our recommendations for an execu- tive committee and the structure of it. The other aspect is the status of the recommendation of a new executive type to pull the strings to- gether, and we hope it will be resolved. Chairman Kenney: It was generally agreed on the need and we would look into several of the'major corporations in Lexington to see if it is possible to provide us with a staff administator. We have funds and will be talking with the Appropriation Committee and beyond that we will hire. 22. Selectmen's Meeting August 13, 1973 Mr. Greeley: It seems there is ambiguity on decisions that have been made and there should be some clarification of responsibility of policy and program decisions. Chairman Kenney: It is the intent of what we are trying to do and we did agree with the broad, outlined program you presented to Town Meeting as far as the goals of the Bicentennial Committee went. We are asking for a review of the reorganization. Mr. O'Connell: There have been questions raised concerning the ex- pense associated with the possible presidential visit. I have made in- quiries and the current policy is that the federal government pays all costs relating to transportation and security of the President; it includes hotel costs of any people staying overnight. On communications, the federal government has contact with the Telephone Company and Western Union for facilities that accompany the President. With respect to traffic details, crowd control and any similar problems generated by the visit, they must be provided locally but to the specifications of the secret service. It was acknowledged there may be unique problems and there can be some fringe -type costs. Chairman Kenney: As I understand it, this would be coordinated with Concord and the opening of the Minute Man National Park. Mr. Michelson: Concord will ask the President for April 19 and our invitation would be for April 20. Mr. O'Connell: There would be three invitations which would be con- solidated. Washington asks what do you want the President to come to Lexington for? Chairman Kenney: In other words, they want a more specific message as to why he is being invited. Mr. Greeley, Mr. Michelson and Mr. Politi agreed to inform the Bicen- tennial Committee members of the discussion and to meet with the Board again on August 27. Mr. Busa informed the Board that plans to repair the rear shed at the Buckman Tavern are now being drawn and the estimated cost is $7,000. Buckman Regarding the installation of electrical service, Boston Edison will lay Tavern a direct cable from Massachusetts Avenue around to the rear of the build- ing but requests that the Town dig the trench as there is no backhoe on the job. The Board agreed to instruct Mr. McSweeney to make arrangements to dig the trench to install electrical service to Buckman Tavern. Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m. A true record, Attest: e4e...„);6. Executive Clerk, Selectmen 224 SELECTMEN'S MEETING August 27, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, August 27, 1973, at 7:30 p.m. Chairman Kenney, Messrs. Buse, Brown and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. William Scouler, Chairman, Mrs. Lilah Groisser and Mr. Robert Bowyer, members of the Town Meeting Members Association, met with the Board to request the use of Cary Hall for a Mock Town Meeting on Thurs- day, October 4, 1973, to discuss the possible extension of the MBTA Red Line. Chairman Kenney: We are a little apprehensive of the backup ser- vice that you would require of the executive branch of Town government, as this end of Town government has to do the work and it would involve many manhours. We want to be clear as to what you are proposing, as we don't have the resources to put on a real mock town meeting; but if TMMA wants Mock to do it. Town Mr. Scouler: Our idea was that the TMMA Executive. Committee would Meeting go through what kinds of things we want to do. There would be a warrant, and,:essentially the same .rules of debate as an official Town Meeting, precinct seating a moderator. The first meeting we intend to discuss only the Red Line report and the second meeting could include the Bicentennial plans. Mr. Bowyer: The Red Line extension is the topic for the first mock town meeting. Last year, we discussed the things we had to do on refuse disposal and we spent three or four hours in one night on just this. I can appreciate your concern on what preparation goes into town meeting. With respect to a warrant, yes there will be a warrant, as such, with one or two or three articles in the form of resolutions. ,TMMA is responsible for the preparation of the warrant. I think we feel we would like to have the cooperation of Town officials, to hope that general government would see fit to take a position on something that comes up for discussion. After further discussion, the Board approved the request of the Town Meeting Members Association to conduct a Mock Town Meeting in Cary Hall on October 4, 1973. Mr. O'Connell informed the Board of a request of Grace Chapel to have a concert starting September 17 for five days. The first four days of the Permit concert would be held in the Belfry Club but they would like to have an out- door concert on Friday, September 21, to accommodate 250 - 300 young people. The Board had no objection to the concert being held in Parker Field subject to the conditions of the Recreation Commitee and the School Depart- ment. 1 1 Selectmen's Meeting August 27, 1973 Mr. O'Connell informed the Board that a request has been received from the Lions Club to hold the carnival on July 2, 3, 4, 1974. He recommended that approval be granted subject to specific, final plans being submitted by the Lions _Club. Also, to recommend to the Lions Club that plans be discussed with the Bicentennial Committee regarding 1975. The Board agreed. Mr. O'Connell is to write to the Lions Club. July 4th Carnival Mr. O'Connell informed the Board that the residents of Houlton Road have requested permission to conduct a carnival to benefit Muscular Dys- trophy on September 2 from 11:30 a.m. to 4:00 p.m., with a rain date of Permit September 3. Upon motion duly made and seconded, it was voted to grant permission to the residents of Houlton Road to conduct a carnival on_September 2, 1973, subject to .the restrictions of the Police Department.. Mr. O'Connell recommended that the contract for the construction of a.sanitary sewer and storm drains be awarded to Grandview Contracting In- Contract corporated in the amount of $180,863.95. #73-5-E Upon motion duly made and seconded, it was voted to award the con- tract forthe construction of sanitary sewer and storm drains to Grand- view Contracting Incorporated in the amount of $180,863.95. Mr. O'Connell advised the Board that the Town is required to file the actual use of General Revenue Sharing funds; how we actually have General spent the money through June 30. We are reporting $170,046 on public Revenue safety, Fire Department, and salaries, leaving a balance of $317,369. Sharing Upon motion duly made and seconded, it was voted to authorize the Town Manager to sign the form to be submitted to the federal government on the use of General Revenue Sharing funds. The Board discussed with Mr. Zimmerman his request for an increase in rates for Lexington taxicabs from 60 cents for the first half mile, and 10 cents for each sixth of a mile thereafter, to: 60 cents for the first one-quarter mile or less; 10 cents each additional one -eight mile; 10 cents for each forty seconds of waiting time. Chairman Kenney: On August 13, we tabled your request and we would Taxicab like to know how you would handle the waiting time. Rates Mr. Zimmerman: If metered, it is time on the meter; for limousines, we handle it strictly on a watch. Chairman Kenney: Is there one position on the meter for mileage and waiting time? Mr. Zimmerman: If the car is going 11 miles an hour or slower, then the waiting time would be more than the mileage rate and then the waiting time would take effect; if'the mileage is more, the mileage would take ef- fect. It is one or the other, not both. If stopped at a light, the meter would click. 226 Bicenten- nial Committee Selectmen's Meeting August 27, 1973 Mr. O'Connell: There are two different measures and, in order to get the meter to record, you would have to go faster than 11 miles an hour. Chairman Kenney: When will the meters be installed in all cabs? Mr. Zimmerman: We have a letter from Viking Meter Co. that the meters are to be installed by October 1. Chairman Kenney: The Town Manager says that in a survey of taxi companies, the rate is generally 10 cents for 60 seconds waiting time. Your present rate is 60 cents for the first half mile and 10 cents for each sixth of a mile thereafter. It is the opinion of the Board to set the rate for the first one-sixth of a mile and each one-sixth there- after. Mr. Zimmerman: That gives us 20 cents on a 10 -mile trip, and we are losing 4.7 miles. Chairman Kenney: You requested $1.20 and we are saying $1.10 on the first mile. Mr. Busa: We based it on a percentage increase. Mr. Zimmerman: It has been exactly the same for four years. What will happen is less in -town trips as it loses money; out-of-town rates are an agreement between the parties. Our costs in gasoline per mile have gone up 50 percent. Mr. Brown: On the first quarter mile, you make no gain but on the average trip in Lexington you stand to gain 33 1/3 percent. The Board took the matter under advisement and Mr. Zimmerman retired from the meeting. Later on in the meeting, after further discussion the Board agreed to set the rates for taxicabs owned by the Lexington Taxi Company and 81 Woburn Street Corporation d.b.a. Minute Man Cab, as follows: VOTED: To amend the Town of Lexington Rules and Regulations Govern- ing Hackney Carriages, Taxicabs, and Other Public Vehicles for the Carrying of Passengers for Hire, effective October 1, 1973, as follows: VI. For public vehicles for hire, the rates within the limits of the Town of Lexington shall be: 60 for the first one-quarter mile 104 for each one-eighth mile thereafter 10 for each 60 seconds waiting time. Mr. Howard, Mr. Greeley and Mr. Politi of the Lexington Bicentennial Committee met with the Board. Chairman Kenney: We have given you an outline of proposed responsi- bilities and a reorganization of Bicentennial activities: to reorganize the Bicentennial Committee into an Executive Board and about 9 project divisions; to separate from LBC the logistic support responsibilities, making it a Bicentennial program committee; to create a logistics support 1 227. Selectmen's Meeting planing group to be staffed by operating departments' personnel plus added staff; to provide for the positon of a Bicentennial Planning and Operations Director, to be filled as soon as possible. We request that a member of the Board of Selectmen serve as an ex -officio member of the Execitive Board. Mr. Howard: We feel the Executive Board would meet weekly. The Direptor.would have a close working relationship with the Town Manager. Mr. O'Connell: Is the scope of Planning and Operations the same as tie Bicentennial Committee? Chairman Kenney: We are assigning to him the overall plannning responsibility and to act as coordinator between LBC and logistical sup- port people. The Bicentennial Director has responsibilities in other areas in addition to LBC. Mr. Greeley: You ask if we are content if he is responsible to the Board of Selectmen for events not for the Bicentennial Committee? Chairman Kenney: He is going to have certain responsibility for assisting in the planning. Mr. Greeley: He is really going to have three masters - the Board of Selectmen, the Bicentennial Committee and the Town Manager. Mr. O'Connell: How do we say, on April 18, 1975, are you ready? You pant say, are you ready to carry on someone else's plans. Mr. Buse: The gigantic celebration is the responsibility of the Board of Selectmen. That is why we would have a direct line without going to the Executive Committee. Mr. Greeley:. Then, essentially, to have one of the Board members on the Executive Committee. Chairman Kenney: We will appoint a member of the Board to serve as an ex -officio member of your Executive Committee. All present agreed. Mr. Greeley: We had an additional request. Chairman Kenney: The person coordinating logistical and management support is the Director. ,Mr. Howard: We had proposed originally that the Town Manager be part, of the Executive Board, like Concord's. Mr. O'Connell: We should avoid a Board with a mixture of volunteer and professional staff. Chairman Kenney: We will address ourselves to finding a man, and accept the organization as you have set it up. We have a general agree- ment as to who is responsible for what. Mr. Howard: Yes. After your Board appoints the Executive Board, then it should define the organizational components. All the proposed responsibilities would then be subject to your review. Chairman Kenney: Yes. We will await your recommendations on the Executive Board. There is also one other item pending, to invite the President. It was mutually agreed to invite the President. August 27, 1973 228 Abandonment of Peacock Farm Ease- ment Selectmen's Meeting August 27, 1973 Chairman Kenney: Give us a proposed program. We are talking about Sunday, April 20; give us a letter saying what you propose for the day and then we can frame our invitation to the President around that. Mr. O'Connell: I.understand that the State, in the form of a Bicentennial Committee Task Force, has rather abstractly decided it is going to deal with 6 towns. There is a meeting in Concord on Thursday and the agenda is supposed to be an outline of the State's so-called master plan, and Lexington presumably is expected to be represented. I understand, also, there is to be a state sponsored meeting on public safety and interested components and they have been inviting the Chiefs of Police and both declined to go. Wehave to have an approach regard- ing meetings as it seems like a direct duplication. The question is posed, "Does the Town propose to designate its representation?" Chairman Kenney: Whenwe have the Director, he will determine who is to attend anything such as this. It was agreed that Mr. Howard is to attend the meeting in Concord. Mr. Howard, Mr. Greeley and Air. Politi retired from the meeting. Chairman Kenney read a request from Town Counsel Cohen to sign the abandonment of easement on Mason Street. Upon motion duly made and seconded, it was voted to sign the docu- ment reading as follows: The Town of Lexington, a municipal corporation duly organized and situated in Middlesex County, Massachusetts, under authority of a vote of the Town on April 4, 1973, for $1.00 consideration paid, releases and conveys unto Mitchell S. and Bonnie R. Cohen, of Mason Street, Lexington, Middlesex County, Massachusetts with quitclaim covenants, all its right, title and interest in: A certain portion of an easement shown and described as "Existing 12' Town Path Easement" and "Existing Town Path Easement" as shown on a plan entitled "Plan of Relocation of Town Path Easement, Land in Lexing- ton, Mass., Scale 1" 40', dated March 16, 1973, drawn by Albert A. Miller and Wilbur C. Nylander, Civil Engrs. & Surveyors -Lexington, Mass.," filed herewith, being that portion of said easement as it is upon and crosses Lot 20 as shown on said plan. Which is a portion of the easement conveyed to the Town of Lexington by deed dated February 5, 1969 recorded as Middlesex County South District Land Registration Document No. 463840 and noted upon Certificate of Title No. 130806, recorded in Middle- sex County South District Land Registration Book 784, Page 56. IN WITNESS WHEREOF, this instrument has been executed in the name of and on behalf of the Town of Lexington by its Selectmen this 27th day of August, 1973. SelectiE:en' s Meeting August 27, 1973 229. Chairman Kenney read a report from the Traffic Safety Committee recommending that a "Not a Through Way" sign be installed on Valley Road at Bedford Street. Traffic Upon motion duly made and seconded, it was voted to accept the Sign recommendation of the Traffic Safety Committee and to instruct the Director of Public Works to make arrangements for the installation of a "Not a Through Way" on Valley Road at Bedford Street. Upon motion duly made and seconded, it was voted to sign Speed Regulation 158A - Bedford Street Northbound 30 miles per hour begin- Bedford St. ning at Massachusetts Avenue a distance of 1.00 miles and Bedford Speeding Street Southbound 30 miles per hour beginning at State Highway to Massa- Regulations chusetts Avenue a distance of 1.00 miles. Upon motion duly made and seconded, itwas voted to appoint and Guide sign G.iide License for Pam Wishney, 46 Burlington Street. Upon motion duly made and seconded, it was voted to certify the character of Evelyn F. Murphy who has applied for Certificate of Cert. of Incorporation "Research for Social Change, Inc." to be located at 20 Incorp. Dawes Road. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meetings held on April 23 and August 6, 1973. Chairman Kenney read a letter from the Town of Milton requesting that Lexington join in filing court action to obtain judicial deter- mination as to the constitutionality of Chapter 226 (Civil Service). Chairman Kenney: The State passed a law in 1972 that a citizen Civil Ser - would go to the top of the list after a 1 -year residency and the vice Attorney General declared it unconstitutional. Residency Mr,. Cohen: I talked to Milton Town Counsel and he said that 15 towns had some interest in joining with Milton. I don't see any ob- jection to joining with them as the Milton Town Counsel will carry the ball. Chairman Kenney: Do we incur any financial obligation? Mr. Cohen: I don't know; there may be some. The Board agreed that Mr. Cohen is to talk further with the Milton Town Counsel. Upon motion duly made and seconded, it was voted to join with the Town of Milton in filing court action on the constitutionality of Chapter, 226. Chairman Kenney read a memo from Mr. McSweeney stating that a representative of theTown will be present at Hearing on Road improve- Chapter 90 ments at the County Commissioners' office on September 26. It will Streets 230 Lowell St. Lillian Traffic Burlington Lexington Right -of - Entry Middlesex Turnpike Whitman & Howard Hayes Lane Holland & Mohawk Sewer Dr. Easements Buckman Tavern Ch. Or. #2 Selectmen's Meeting August 27, 1973 be necessary to report at this meeting the name of a project (street) for Chapter 90 improvements in the areas of maintenance and construc- tion, in the amounts of $6,000 and $60,000. Mr. McSweeney agreed to submit a list of streets for considera- tion. The Board discussed a report from Mr. McSweeney regarding the intersection of Lowell Street and Lillian Road stating that although a Stop Sign is warranted, removal of lilac bushes at the corner would improve the visibility. It was agreed to hold the item until Mr. McSweeney talks to the owner of the property at the intersection of Lowell Street and Lillian Road. The Board discussed a request from the Town of Burlington to sign an agreement for a right -of -entry on Town of Lexington property located at the intersection of the Middlesex Turnpike and Adams Street. A report from Mr. McSweeney was read stating that he had met with the Burlington Town Engineer and had reviewed the situation. The Town of Burlington does not require land taking and/or slope easements as of this time. This is a State and Federally -aided TOPICS project for traffic improvements, with one of the requirements being that they get assigned right -of -entry from each abutter before any contract can be awarded. I find nothing wrong with this. Upon motion duly made and seconded, it was voted to sign the agree- ment with the Town of Burlington to enter upon Lexington Town property in connection with the construction of a TOPICS project as shown on plans in the office of the Town Engineer, Town Hall, Center Street, Burlington, for the purpose of making changes and carrying out the work shown on said plans. Right of entry to construct bituminous con- crete walk adjacent to existing right-of-way line from Station 2 + 00* to Station 2 + 75± left, Middlesex Turnpike. Chairman Kenney read a request from the Director of Public Works/ Engineering to sign a contract with Whitman and Howard for Engineering Services on the Hayes Lane to MDC Sewer Construction. Upon motion duly made and seconded, it was voted to sign the contract with Whitman and Howard for engineering services on the Hayes Lane to MDC sewer construction, in the amount of $11,400. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering for the in- tent to take sewer and drain easements between Holland Street and Mohawk Drive. Chairman Kenney informed the Board that a request has been re- ceived from the Buckman Tavern Committee to sign Change Order No.2 Selectmen's Meeting August 27, 1973 under the contract with Thomas O'Connor & Co. for repair and control work on Buckman Tavern, in the amount of $2,375.75. Upon motion duly made and Seconded, it was voted to sign Change Order No. 2 for repair and control work on Buckman Tavern, in the amount of $2,375.75. Mrs. Riffin reported to the Board that she had attended a meeting today at the Massachusetts. Department of Public Works' office with Mr. McSweeney, Mr. Briggs and Dr. Clarke of the Planning Board. After dis- cussion of the master schedule for Route 2, it was agreed to have repre- sentatives of H.W. Lockner, Inc., Engineers, meet with the Selectmen on September 4 to show maps of access from Route 128 into fringe parking areaon Hartwell Avenue. ,Mr. McSweeney agreed to make arrangements with Mr. Justin Radlo of the State DPW and representatives of H.W. Lockner, Inc. to meet with the Selectmen and Planning Board on Monday, September 4, 1973 at 8:00 p.m. Upon motion duly made and seconded, it was voted to go into Execu- tiveSession for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public secur- ity,lfinancial interests of the town or the reputation of a person. After discussion of a Police Department and 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 sign water abate. menta for the following: M. Peter Downing TonyVenuti Israel Mirsky Upon motion duly 10:50 p.m. true record, 9 Pine Knoll Road 395 Lincoln Street 20 Mason Street made and seconded, it was Attest: $3.50 Billing error 8.75 Billing error 7.31 Billing error voted to adjourn at - ecutive Clerk, Selectmen )21 231 Hartwell Avenue Connector Fringe Parking Executive Session 232 DPW Theft Benches LeBellecour Liquor Hearing ABC Hours Cert. of Incorp. Bond Asst. SELECTMEN'S MEETING September 4, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Tuesday, September 4, 1973, 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/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell reported the theft of three adding machines, totaling $1,400 from the Department of Public Works building. So far there is no evidence of forced entry. The police are investigating the matter. Mr. O'Connell informed the Board that benches have been installed on a trial basis at the Town Office Building, Harrington walk area and at the recreation tot lot. The Trustees of Public Trust have approved $2,000 for this program. Other benches will be installed throughout the Town. The Board discussed the application from LeBellecour Restaurant, 10-12 Muzzey Street, for an all alcoholic beverages Common victualler license. Upon motion duly made and seconded, it was voted to advertise the hearing for Lebellecour Restaurant on September 17, 1973. Mr. Cohen agreed to advise the Board regarding a notice from the Alcoholic Beverages Control Commission concerning the extension of hours of sale of alcoholic beverages on Sundays if Chapter 608, Acts of 1973, is voted for acceptance. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration, to be located at 44 Bertwell Road: Lucia Humes Bequaert Patricia K. Hagedorn "New Environments Upon motion duly made and Treas. bond of Mrs. Doris E. Barclay, $30,100. Waltham St. Brookside Traffic for Women seconded, Assistant 44 Bertwell Road 17 Fiske Road Associates, Inc." it was voted to approve the Treasurer, in the amount of The Board discussed a letter from Mrs. Joan Cordell, 76 Grass- land Street, regarding traffic conditions on Waltham Street, and a report was read from the Traffic Committee. Selectmen's Meeting September 4, 1973 It was agreed to inform Mrs. Cordell that progress is being made in the area and it is expected that the sidewalk will go out for bid in mid-September to be installed on the westerly side of Waltham Street between Marrett Road and Brookside Avenue. Curb installation on the easterly side of Waltham Street between Allen Street and Brookside Avenue is expected to begin early next week. it is not pos- sible to reduce the speed limit as it is set by the 85 percentile method. The Board discussed a letter from Mr. Ephraim Weiss requesting a curb ramp at the intersection of Woburn and Lowell Streets. It was agreed that Mr. McSweeney is to look into the matter and report back to the Board. The Board discussed a report from the Traffic Committee regarding a letter from Mr. Filipowski requesting that two parking meters be re- moved from the corner of Massachusetts Avenue and Meriam Street and the Curb be painted yellow. The report states that the Committee sees no problem in entering or leaving Meriam Street. One side of Meriam Street is currently marked "No Parking" and we can find no justifica- tion'', for granting the request. Upon motion duly made and seconded, it was voted to accept the re- port of the Traffic Committee not to change the parking spaces at the corner of Meriam Street and Massachusetts Avenue. 'Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on Woburn Street from No. 205, a distance of 465 feet, more or less, southerly. Mr. McSweeney discussed with the Board the request from Mr. Fred Coughlan to remove the tree at 30 Burlington Street. After discussion, it was agreed to remove the tree. Upon motion duly made and seconded, it was voted to cut down the tree located at the driveway of 30 Burlington Street and to improve the sight distance by grading the embankment in the immediate area. Mr. Brown abstained. !Members of the Planning Board, State DPW Deputy Chief Engineer, Edward Elfman, Alden Jenkins and George Steropsis of H.S. Lockner, Inc., Engineers, met with the Board to discuss the Hartwell Avenue Connector and fringe parking. Mr. Elfman: We are looking into the two projects as one venture although they may not go out at exactly the same period of time. The ideal of fringe parking should be included with the Route 128 corridor and the parking lot would be on the noertherly side of Route 128 be- tween Bedford Street and the Sanitary Landfill and adjacent to the Curb Ramps Meriam St. Mass. Ave. Sewer Const. Woburn St. Tree 30 Burling- ton St. Hartwell Avenue Connector Fringe Parking '234 Selectmen's Meeting September 4, 1973 Boston & Maine Railroad. It could be used by train commuters and also utilized for bus service. This particular lot holds 220 cars and we conceive it to be a final product once it is built. Chairman Kenney: Our number one priority is the loop you talk about in the future. When we met with Commissioner Campbell, we said our primary interest is talking about the total package. Give us even half a connector for now. Mr. Elfman: We propose to do this. Mr. Jenkins: We want to take as much traffic off Bedford Street as possible. Chairman Kenney: Can you give us any timetable at all? Mr. Elfman: Our big hangup would be the environmental statement and it would be about five years to get the whole package ready. In the event the environmental study could be utilized, the time could be cut down. They are aware of what we have in mind and we all know where we are going. Dr. Clarke: We met with them a week ago and the impression I got was if we could get over these environmental problems, final construction would not be more than one or two years. We need this very badly and much of the environmental study is in the works. There is also the factor of the bicentennial; it would be no good to us if it is three or four years down the road. Time is of the essence and if they want to build the park- ing lot, now is the time to do it. Mr. Elfman: We understand the rough draft won't be ready until the first of October. Mrs. Riffin: After the report is finished, you would be in a better position to evaluate and you could report back to us, and perhaps you would have a revised sense of time. Mr. Elfman: We would need Federal assistance and guidelines set by them. Our experience to date has been that we are not able to explain why it takes that long. Chairman Kenney: We want to do everything we can to assist you. Fortunately, that study is underway but we can't wait two years for the environmental impact study. Mr. Elfman: Right now, we are laying it before your Boards to find out how you feel about our thoughts and we will attempt to get it going into a full-scale project. We do plan it as an active projdct. Chairman Kenney to Dr. Clarke: Is the Planning Board enthusiastic about this? Dr. Clarke: There has been no vote. Certainly we are thoroughly in favor of the connector; that is the thing that is important. Unloading Bedford Street is of prime importance. gional parking lot to keep traffic from we hope the Maguire Report supports it. Chairman Kenney to Mr. Elfman: We the concept of the connector and if the damage the environment there, fine. It The Board is in favor of a re - going into the central city and have been on record as supporting parking lot does not seriously would be appropriate to inform 1 1 1 .L 1_ Selectten's Meeting September 4, 1973 your department that we have reviewed these plans with you and support them. Mf. Elfman: Agreed. Mr. Elfman, Mr. Jenkins and Mr. Steropsis retired from the meeting. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secur- Session ity, financial interests of the Town or the reputation of a person. After discussion of a matter of the Board of Appeals, 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: Executive Clerk, Selectmen 2 e)6 Treasurer Town Report First Prize Jurors General Revenue Sharing Bicenten- nial Appt. SELECTMEN'S MEETING September 10, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, September 10, 1973, 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/Engineering and Mrs. McCurdy, Exe- cutive Clerk were present. Mr. Zehner, Town Treasurer, met with the Board to request approval of borrowing $700,000 in tax anticipation. New England Merchants National Bank was low bidder for the entire $700,000 @ 5.84%. Upon motion duly made and seconded, it was voted to award the bid to borrow $700,000 at 5.84%; loan to be dated September 14, 1973 and mature October 30, 1973. Chairman Kenney congratulated Mr. Zehner and the members of the Town Report Committee for the outstanding job done on the 1972 Town Report. The Massachusetts Selectmen's Association has informed us that this report won first prize in the state competition and the certificate is to be awarded to the Town on October 6, 1973 at Hyannis. At the request of the Town, Clerk, four jurors were drawn, as follows: Rudolph E. Penzer Leo James Najarian Edwin H. Farr Paul H. Fraser 29 Justin Street 234 Woburn Street 49 EMerson Gardens 17 Crescent Road Mr. O'Connell informed the Board that the planned use report under General Revenue Sharing for July 1, 1973 through June 30, 1974 is to be filed with the federal government. Over that period, we will be re- ceiving approximately $400,000. When we complete the plan for that period for previous entitlements, $293,616 will be used to pay Fire De- partment salaries, leaving a balance of approximately $107,000. My forecast is these funds are likely to be used for capital expenditures. The Board agreed. Chairman Kenney read a letter from the Planning Board recommending the appointment of Mrs. Lois W. Brown as a replacement for Mr. Donald Graham as the Planning Board liaison member of the Bicentennial Committee. Upon motion duly made and seconded, it was voted to appoint Mrs. Lois W. Brown as Planning Board liaison member of the Bicentennial Committee. SelecEtmen's Meeting September 10, 1973 Chairman Kenney read a letter from Mr. Kingston L. Howard, Chair- man of the Bicentennial Committee, recommending the appointment of an Executive Board of the Bicentennial Committee. Upon motion duly made and seconded, it was voted to appoint the following members of the Executive Board of the Bicentennial Committee: Kingston Howard Steven M. Politi Roland B. Greeley Lincoln P. Cole, Jr. Richard A. Michelson Alan G. Adams Mrs. Miriam W. Butts 237' Bicentennial Executive Board Upon motion duly made and seconded, it was voted to appoint Select- man Allan F. Kenney an ex -officio member of the Executive Board of the Bicentennial Committee. Mr. Kenney abstained. The Board discussed the program to be presented by the Bicenten- nial Committee to the Military Logistics Group on September 27 at Hanscom Field. It was agreed to request the Bicentennial Committee to submit to the Board a complete preliminary program, including defin- ite information about each scheduled event. The Board discussed a request from the Woodworkers Guild of Arts and Crafts and agreed to inform them that it had no objection to the Permit Guild conducting a yard sale in their parking lot and building at 130 Waltham Street on Saturday, September 29, 1973. The Board agreed to inform Horizons for Youth that it had no ob- jection to the group conducting a march for disadvantaged youth in Permit Lexington on Sunday, October 14, 1973 starting at 9:00 a.m., with the understanding that they march on the sidewalk and a schedule is to be submitted to the Town Manager. kJpon motion duly made and seconded, it was voted to sign the list of selwer betterment assessments for the following streets: l Bridl'e Path Larchmont Lane Revere St. Concord Ave. Leeland Terr. Spring St. East St. North St. Valley Rd. Hill St. Partridge Rd. Wingate Rd. Upon motion duly made and recommendation of the Director abatements for the following: Lexington Tennis Club Hanscom Field Hanscpm Field Bernard's French Shop seconded, it was voted to approve the of Public Works and to sign water 19 Washington St. Bedford, Mass. Bedford, Mass. 397 Lowell St. Sewer Betterment Assessments $ 25.55 Wrong reading 696.10 Billing error Water 323.90 Billing error Abatements 3.85 Wrong reading 238 Ambulance Abatement Minutes 1974 Street & Sidewalk Program Conservation Committee Rules & Regulations Pleasant St. Sewer Request Selectmen's Meeting September 10, 1973 Upon motion duly made and seconded, it was voted to sign the abate- ment of an ambulance bill of Mr. Medardo Collina, 7 Ellison Road, in the amount of $12.00, because of hardship circumstances. Upon motion duly made and seconded, it was voted to approve the minutes of the Executive Session of April 23, 1973; also, open and exe- cutive session of April 30, 1973. Mr. Brown abstained from voting on the meeting of April 23 as he was not present. Mr. McSweeney came into the meeting at 7:55 p.m. The Board discussed a preliminary 1974 street and sidewalk program submitted by the Director of Public Works/Engineering. The Board agreed that Mr. McSweeney is to meet with the Street and Sidewalk Advisory Committee and the Traffic Safety Committee and come back to the Board with recommendations. The Conservation Commission met with the Board to discuss Park and Recreation Regulations and. also, Conservation Regulations. Chairman Kenney explained that the Board has received petitions from residents living near Park and Recreation areas regarding parties being held by young people. Mr. O'Connell added that we are trying to strengthen our rules and regulations and make them more enforceable; especially regarding the use of liquor. Mr. Larsen, Conservation Commission: Is it difficult to enforce "disturbing of the peace?" Mr. O'Connell: The Police say it is wasting taxpayers' money to take it to court. Dr. Kassler: We are not going to have "abuse the use of alcoholic beverages" in our rules. We obviously are not anxious to make it more difficult for Chief Corr and, as a matter of fact, we would like to buy him a minibike as we have lots of problems on conservation land, also. We fully understand your problem and we will go back and discuss our conservation rules and will meet with you again. The Conservation Commission retired from the meeting. Chairman Kenney read a request from Miss Anne Donovan and Miss Geraldine Mendes for a sewer connection to service lot 58B Pleasant Street. A report from Mr. McSweeney was read stating there are no funds or plans for this request. This particular lot faces the intersection of Pleasant and Mason Streets. If the Mason Street sewer were extended 50 ft. more or less to Pleasant Street, this lot could then be serviced. However, we recommend that this lot and Pleasant Street be considered as part of our 1975 program. 1 Selectmen's Meeting September 10, 1973 It was agreed to inform the owners of Lot 58B Pleasant Street that no plans or funds are available at the present time for a sewer connec- tion but the request will be taken into consideration when the 1974- 1975, budget is discussed. Upon motion duly made and seconded, it was voted to sign orders of taking for slope easements for street and sidewalk construction on Fern Street, Waltham Street, Brookside Avenue, Grassland Street, and Holland Street. Upon motion duly made and seconded, it was voted to sign the order of taking for sewer and drain easement off Mohawk Drive. Upon motion duly made and seconded, it was voted to sign orders of taking in connection with Contract 73-5-E, off Woburn Street; Rolfe Road to Lowell Street; ,Lowell Street to Laconia Street. Mr. and Mrs. Kenneth Champion, 6 Rolfe Road, were present at the meeting to discuss the sewer easement through their property. It was agreied to set up a meeting with the Champions and Mr. McSweeney on September 12. Chairman Kenney informed the Board that Town Counsel Cohen re- quests that the Board sign the Order of Taking by eminent domain for conservation purposes, upon the request of the Lexington Conservation Commission. Upon motion duly made and seconded, it was voted to sign the Order of Taking by eminent domain, upon the request of the Lexington Conserva- tion Commission, for conservation purposes, shown as Parcels A, B, C, D, E, F',, and G on plan entitled "Plan of Land in Lexington, Mass.," dated June'22, 1972, Joseph W. Moore Co., Inc., Civil Engineers and Land Surveyors, with awards of damages as shown as follows: Owner Lot Damages Awarded Thomas C. Wright & Sara M. Wright Parcel A $6,400 Raymond Carchia la/k/a Raimondo Carchia for life Parcel B 5,300 ,Owners Unknown Parcel C 100 Robert C. Nordblom, Rodger P. Nordblom IC. Clark Macomber & ,George Macomber Parcel D 700 Slope Easements Sewer & Dr. Easement Orders of Taking Rolfe Rd. Sewer Easement Order of Taking Lexington Burlington Line 240 Selectmen's Meeting September 10, 1973 Owner Robert C. Nordblom Rodger P. Nordblom & George Macomber Philip Taylor & Sarah Moss Walter E. Steeves & Isabella Steeves Lot Damages Awarded Parcel E $1,000 Parcel F 2,500 Parcel G 1,000 The Board discussed the bids received for repair and control work on Buckman the rear shed at Buckman Tavern. Tavern Shed Upon motion duly made and seconded, it was voted the intent to award Contract the contract to R & M Wood Products, Inc., 27 Faneuil Street, Brighton, in the amount of $7,725.00. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, would adversely affect the public security 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 10:10 p.m. A true record, Attest: xec�Clerk, Selectmen 241 Selectmen's Meeting September 17, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, September 10, 1973, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney opened the hearing on the application of the New England Telephone and Telegraph Company and the Boston Edison Company for the relocation of one pole on Albemarle 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 Pole Director of Public Works/Engineering. Albemarle Mr. Dunn, representing the N.E.T. & T. Co., and Mr. Pratt, repre- Avenue senting the Boston Edison Company, were present at the hearing. Mr. Dunn: This pole will be moved to the property line. Chairman Kenney read a recommendation from Mr. Coscia, DPW Manager, that the new location is satisfactory and permission could be granted. 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 permis- sion'to the New England Telephone and Telegraph Company and the Boston Edison Company for the following location: Albemarle Avenue: Approximately 122 ft. southwesterly from Rawson Avenue, one (1) pole; also remove one (1) pole. Mr. O'Connell informed the Board that a representative of Mystic Valley Gas Company called him to advise the Selectmen that his company Gas Company is currently filing with the Department of Public Utilities for a rate increase of 9.5%. A notice has appeared in the newspapers that the DPU Voted to place the customary 10 months delay on this. Mr. O'Connell recommended that the Board request the Trustees of Public Trust for $2,500 to repave the roads in the Munroe Cemetery. Munroe Mr. McSweeney had discussed the need for a complete repaving of all Cemetery the roads in the cemetery at a total estimated cost of $6,500. So far Fund this', year we have requested and have been granted $2,000 from the Munroe Cemetery Fund for the tool building. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trust for the sum of $2,500 from the Munroe Ceme- tery Fund for repaving the roads in the Munroe Cemetery. 242 Buckman Tavern Shed Contract Chapter 90 1973 Chapter 90 Maintenance Spring St. Hartwell Avenue Landfill Hours Mende Sewer Easement Selectmen's Meeting September 17, 1973 Chairman Kenney requested the Board to sign the agreement with the Boston Edison Company to install electrical conduit to service Buckman Tavern. Upon motion duly made and seconded, it was voted to sign the agree- ment with the Boston Edison Company, for the sum of $1.00, for the in- stallation of electrical conduit to service Buckman Tavern. The Board agreed to confirm the vote of intent to award the contract for repairs to the rear shed at Buckman Tavern. Upon motion duly made and seconded, it was voted to award the con- tract to R & M Wood Products, Inc., 27 Faneuil Street, Brighton, for repair and control work on the rear shed at Buckman Tavern, in the amount of $7,725.00. Chairman Kenney read recommendations from the Director of Public Works/Engineering for proposals to be presented at the State DPW meeting at the County Commissioners' office on September 26: Chapter 90 Con- struction Appropriation $60,000 Hancock Street from Adams Street to Harrington Road, a distance of approximately 2400 L.F.; Chapter 90 Maintenance (Resurfacing) Appropriation $6,000 Pleasant Street from Massa- chusetts Avenue, a distance of approximately 2,000 L.F. As reviewed, it is expected that Hancock Street will be reconstructed with granite curb- ing, paved sidewalks, and drainage within the existing layout lines. The use of the reclamation method to refurbish and reshape the centerline to the existing edge of travelled way will be incorporated in this program. Upon motion duly made and seconded, it was voted to approve the proposals as submitted by Mr. McSweeney regarding Chapter 90 Construction and Maintenance Chairman Kenney read a request from the Director of Public Works/ Engineering for the Board to sign the Memorandum of Agreement with the State Department of Public Works for 1973 Chapter 90 Maintenance in the amount of $2,000. This is regarding part of Spring Street resurfacing. Upon motion duly made and seconded, it was voted to sign the Memo- randum of Agreement with the State Department of Public Works for 1973 Chapter 90 Maintenance, in the amount of $2,000. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to rescind the vote of April 23, 1973 for the hours of 8:00 a.m. to 7:00 p.m. from April 30 through October 26, at the Hartwell Avenue Sanitary Landfill. Upon motion duly made and seconded, it was voted that the hours of operation at the Hartwell Avenue Sanitary Landfill are from 8:00 a.m. to 7:00 p.m. from April 30 to October 1. Upon motion duly made and seconded, it was voted to table the recommendation of the Director of Public Works/Engineering regarding Mr. Mende's request for restoration of his property at 26 Partridge Road as a result of a sewer easement. 243 Selectmen's Meeting ,Upon motion duly made and seconded, it was voted to sign the better- ment assessments for sidewalks on Bow Street, Brookside Avenue, Turning Mill Road, Winchester Drive, School Street and Massachusetts Avenue. September 17, 1973 Chairman Kenney requested the Board to sign the betterment assess- ments for sidewalks on Bow Street, Brookside Avenue, Turning Mill Road, Winchester Drive, School Street and Massachusetts Avenue. Sidewalk Upon motion duly made.and seconded, it was voted to sign the better- Better- ment,assessments for sidewalks on Bow Street, Brookside Avenue, Turning ments Mill Road, Winchester Drive, School Street and Massachusetts Avenue. As requested by Mr. McSweeney the Board signed abatements for side- walk betterment assessments on the following streets; Bow Street Ralph Cataldo $ 25.65 Maria G. Santosuosso 5.25 81 Bow Street Turning Mill Road Warren H. & Joan L. Hausman 2 Denier Road School Street 8.93 Michael A. & Barbara J. Cardillo 134.55 38 Sdhool Street JoselJh A. & Julie A. Gleason, h/w 180.53 32 School Street Frederick V. Jr. & Agnes M. 85.50 MOMenimen 26 School Street Roger L. & LaVerna M. Gould 211.64 20 Sdhool Street John' F. & Elizabeth F. Downey, JT 57.00 1 Stimson Avenue Figured on incorrect distance and field measurement Sidewalk not constructed per vote of Selectmen 11 VI 244 Bus Stop Selectmen's Meeting September 17, 1973 Chairman Kenney read a report from the Traffic Safety Committee recommending the relocation of the Wallis Court and Waltham Street bus stops on Massachusetts Avenue to a 40 ft. x 10 ft. area in front of the Colonial Garage. This should be a painted area only, for period of 90 days to test user reaction and traffic patterns. It is further recommended that two parking meters be installed in the Wallis Court bus stop and one in the bus stop at. Waltham Street and Massachu- setts Avenue. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee regarding the location of the Wallis Court and Waltham Street bus stops to an area in front of the Colonial- Garage on Massachusetts Avenue. Chairman Kenney read a report from the Traffic Safety Committee in reply to a letter from Mr. Marvin Greenberg concerning traffic on Grove Street. Grove The Board agreed to accept the recommendations of the Traffic Street Safety Committee and to inform Mr. Greenberg that Grove Street has re- cently been studied regarding speed, and approval is forthcoming from the Registrar of Motor Vehicles for a 30 M.P.H. speed limit on Grove Street. The Public Works Department has been instructed to paint a center line in the roadway and any overhanging trees will be trimmed. Chairman Kenney read a recommendation from the Traffic Safety Com- mittee to request the State Department of Public Works for approval of Bedford continuing the left turn prohibition at Bedford Street and Eldred Eldred Street indefinitely. Turn Upon motion duly made and seconded, it was voted to write to the State Department of Public Works for approval of .continuing the left turn prohibition at Bedford Street and Eldred Street indefinitely. The Board discussed the application by Allan F. Kenney to Secre- Cert. of tary Davoren for a Certificate of Incorporation for Waltham Ancillary Incorp. Manpower Inc. Upon motion duly made and seconded, it was voted to certify the Character of Allan F. Kenney for a Certificate of Incorporation "Waltham Ancillary Manpower, Inc." Mr. Kenney abstained. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmens meeting held on May 7, 1973. Water Upon motion duly made and seconded, it was voted to sign the water Abatement abatement for Stanley King, 39 Preston Street, in the amount of $30.45, which was billed in error. Selectmen's Meeting September 17, 1973 Chairman Kenney informed the Board that a telegram has been received from Washington from Hugh A. Hall, Acting Director of American Revolution Bicenten- Bicentennial Commission, that Lexington has been selected for designation nial Flag as a', Bicentennial community entitled to use the official Bicentennial Symbgl and to fly the Bicentennial Flag as an integral part of our Nation's 200th Anniversary. Chairman Kenney opened a hearing upon the application of LeBellecour, Inc. for .a Common Victualler AlIAlcoholic Beverages liquor license. The hearing was advertised in the September 6, 1973 issue of the Lexington Minute -man, and notices were sent by the applicant to the abutters by certified mail. LeBelle- Chairman Kenney: The application was received on August 13, 1973 tour with a certified check for $2,500; also, a schematic plan of the restau- Liquor rant. The plan was incomplete and a new plan was submitted showing the License location of 115 seats. The application included a list of Directors, a vote of the Board of Directors authorizing Raymonde Friberg to make application, and the vote to empower Raymonde Friberg as Manager of the restaurant. A report was read from the Director of Public Health recommending apprdveal of the license, pending a satisfactory final inspection on October 24, 1973. A report from Fire Deputy Fradette stated that at this point of construction everything meets with his approval. Another inspection will he made upon completion of the restaurant. A report from the Director of Public Health states that the estab- lishment is not ready for a final inspection. A report from the Building Inspector states that the updated seat- ing arrangement and layout meets with his approval. Attorney Russian, representing LeBellecour, Inc., explained that there, will be one major exit and entrance to the restaurant on Muzzey Street. There are 24 tables for four and 9 tables for two, a total of 114 seats. Our restaurant will sell French food and if the Town had passed a law to sell wine and beer, that is what we would be here for. Am I ;correct that we have to have a license for all alcoholic beverages? Chairman Kenney: Correct. Attorney Russian: We will have no service bar in the dining room; we are going to store wine bottles in the center area. If someone wants a scotch, I told my people that technically under the rules they have to sell them scotch. You won't see someone pouring a drink. Chairman Kenney: You do intend to sell liquor? Attorney Russian: We do intend to have wine. If there is a call for scotch, we would say we don't sell scotch. If there is a strong influx of scotch or bourbon drinkers, in order to sell food I don't think', we would turn anyone away. After a period of time, if we are shown that the population wants it, we will•do it. But we don't want this area known as a place for people to go and just have drinks. I 246 Selectmen's Meeting September 17, 1973 don't think the area is conducive to that type of thing. We have rented out two areas of storage in the basement. When we were asked what hours we wished to serve, the answer was 11:00 a.m. to 11:00 p.m. The movie theatre gets out at that time and I would like to ask for 11:30 a.m. to 11:30 p.m., merely to accommodate those at the theatre. Chairman Kenney: You can't serve until noon on Sunday. Mr. Bailey: Have all the citizenship problems (on the application) been resolved? Attorney Russian:: Yes., -no -problem. Mr. Bailey: Have you or your clients done an investigation of the market? Is there going to be a demand? Attorney Russian: Yes, our investigation was quite substantial and we feel quite strongly there is a large luncheon crowd. This particular type will draw not from just this Town but from surrounding Towns. Mr. Bailey: I think it would be useful if you explain the back- ground of the people in the operation. Attorney Russian introduced Mr. Jean Dupon and said he has been in the business for 10 years. He started out as a cook and has become a chef. He opened up his own place at 52 Boylston Street, Cambridge and has had a successful operation for four years. Josette Frayssee has been working with Jean in the operation of the place in.Cambridge. Raymonde Friberg, Jean's aunt, is in bookkeeping and cost accounting. We will be operating both the one in Cambridge and this one. Mr. Bailey: You will be leasing the premises? Attorney Russian: A 10- year lease with a 5 -year option. Chairman Kenney: When do you expect to open? . Attorney Russian: We anticipated the building would be open Septem- ber 1 but it won't be in full operation until November 1. Chairman Kenney: What time would the movie theatre get out? Attorney Russian: Sometimes 10:45 or 11:00; sometimes 10:30. Chairman Kenney: You understand that food must be available to serve when you serve liquor? Attorney Russian: Yes. Mr. Brown: And this includes after the theatre. Attorney Russian: Yes. Mr. Brown: And not just to drink. Attorney Russian: I would think the majority of the people who would drop in after the theatre would be there for tea or coffee and french pastry. The question I have been asked is if they will have young people after the theatre. I don't think so at the cost of wine at $3.00 a half bottle. This is not what we want and we would like it known in this Town and all towns around. Mr. Busa: I believe, also, under the liquor license you do not have to serve liquor if you do not have it on the premises. 'There is one exit and entrance? Attorney Russian: Yes, and the fire doors. No one appearing in favor or in opposition, Chairman Kenney declared the hearing closed and the matter will be taken under advisement. 1 Seledtmen's Meeting September 17, 1973 247 Later on in the meeting, the Board agreed to grant the license and approve the hours of operation. Upon motion duly made and seconded, it was voted to grant the Common Victualler license for all kinds of alcoholic beverages to LeBellecour, Vote 10 Muzzey Street, Lexington, with the hours of operation of 11:00 a.m. to 11:00 p.m. Monday through Saturday; 12:00 Noon to 11:00 p.m. on Sunday. The Board agreed to discuss at the next meeting the policy question of prio rating the annual fee of $2,500. Upon motion duly made and seconded, it was voted to go into Execu- tiveSession for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public security Session the financial interests of the Town, or the reputation of a person. Mr. O'Connell recommended that the Board approve a 30 -day sick leave DPW extension for Everett Braswell, employee of the Public Works Department. Braswell Upon motion duly made and seconded, it was voted to approve a 30 -day Sick sick leave extension for Everett Braswell, employee of the Public Works Leave Department. Upon motion duly made and seconded, it was voted to adjourn at 9:35 p.m. A true record, Attest: Executive Clerk, Selectmen 248 Jurors Treasurer Assistant Assessor Champion Rolfe Rd. Sewer SELECTMEN'S MEETING September 24, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday evening, September 24, 1973, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, 6 jurors were drawn as follows: Monis J. Manning Norval P. Smith John F. Sefton, Jr. Solglad Burtch Herbert J. Cabral Salvatore Gianino 66 Hillcrest%Avenue 20 Valleyfield Street 45 Brandon Street 684 Lowell Street 18 Oak Street 134 Reed Street Mr. Zehner, Town Treasurer, met with the Board to request approval to borrow $200,000. He recommended that the contract be awarded to the lowest bidder, Harvard Trust Company, at 5.44 percent with the note to be dated October 1, 1973 and to mature December 14, 1973. Of this $200,000, $50,000 is allotted for drains, $140;000 for sewer mains, and $5,000 each for preliminary engineering work on the Turning Mill Road and Wyman Road sewers. On December 14, we can re -bid and decide at that time how long we would want to renew the note; it could be up to a year, which would mean we could postpone payments until 1976. We will have sufficient funds to carry us through until December 15 but we may have to borrow again. Mr. Bailey: It is not a tax anticipation loan? Mr. Zehner: No, bond anticipation. Upon motion duly made and seconded, it was voted to award the con- tract to borrow $200,000 in bond anticipation to Harvard Trust Company at 5.44 percent, notes to be dated October 1, 1973 and mature December 14, 1973. - Mr. O'Connell reported that the transitional period has ended in the Assessors' office. Mr. Wenham has completed his real estate course, and Mr. Cronin has completed his overlap work. We plan on calling on Mr. Cronin from time to time if his -assistance is needed. Chairman Kenney read a letter from Mr. and Mrs. Kenneth Champion, 6 Rolfe Road, requesting that engineering plans be revised to remove the manhole from his front lawn. Mr. Brown: We met with the Champions last week and I think the thing to do is to wait for the pre -construction conference and get down to details at that time. Chairman Kenney: We will answer them that we feel progress has been made as a result of the meeting and we will wait for the pre - construction conference 249 Selectmen's Meeting September 24, 1973 Mr. Buse: If the matter is not resolved before the conference, there is no turning back. We will be getting more letters from them wanting to know', why these things weren't done. Mr. McSweeney: We will get back to the Champions that we expect to keep the manhole a foot down below grade. It is definite we have to have one manhole but there is a question on another one, but both would be one foot below grade. The Board agreed to inform Mr. and Mrs. Kenneth Champion that the man- hole. would be placed one foot beneath the ground level, and Mr. McSweeney will meet with him prior to the actual beginning of construction. The Board discussed a letter from Mr. and Mrs. Mende requesting the Mende replacement of trees and grass as a result of a sewer easement on their Sewer property at 26 Partridge Road. Easement Mr. McSweeney was instructed to meet with Mrs. Mende to resolve the situation. the Board discussed the fee for the license granted on September 17, 1973 to LeBellecour, Inc., 10-12 Muzzey Street, for a Common Victualler LeBelle- All Alcoholic Beverages license. The annual fee is $2,500. cour "Upon motion duly made and seconded, it was voted to pro rate the fee Liquor for LeBellecour, Inc., in the amount of $1,250. License Upon motion duly made and seconded, it was voted to grant the request from the League of Women Voters and to proclaim the week of October 7, Proc. 1973'. as "Know Your Town Week." Chairman Kenney read a letter from Mr. Charles A. Sieburth, 29 Whipple Road, requesting that a hearing be held on a dog owned by Dog Mr. and Mrs. Leo Savage, 20 Whipple Road. Hearing Upon motion duly made and seconded, it was voted to hold a hearing on October 17, 1973 at 8:30 a.m. on a dog owned by Mr. and Mrs. Savage of 20 Whipple Road. Upon motion duly made and seconded, it was voted to sign the agree- Cary ment',with the Boston Edison Company for the installation of conduit to Library service the Cary Memorial Library. Conduit Chairman Kenney read a report from the Director of Public Works/ Engiheering stating that the request from Mr. Ralph Hall had been re- Water viewed by the Engineering Department. Mr. Hall requested permission to Extension install, at his expense, a 3/4" copper service from Reed Street 100 ft. Ralph Hall to his lot on Garfield Street. The report recommends the following, at an estimated cost of $1,250. 100' - 6" C.I.C.L. Water Main @ $7.50/ft -$ 750.00 1 - Hydrant @ $500.00 - 500.00 total cost for labor, material and installation -$1,250.00 250 Abatements Sewer Betterments Park and Recreational Facilities Regulations Selectmen's Meeting September 24, 1973 Also, because a vote of the sessed in the it is an unaccepted street, this extension will Board for an Order of Taking. Betterments will amount of $150.00; this is based at the rate of require be as- $l.50/L.F. of property frontage that is to be serviced. Chairman Kenney: We do not have $1,250.00 available. If Mr. Hall is willing to pay for a 6" water main, is it agreeable with the Board that we allow him to install it? The Board agreed to inform Mr. Ralph Hall that approval has been granted for the installation of a 6" water main from Reed Street 100 ft. to his lot on Garfield Street, with the understanding that it is to be installed at his expense. Chairman Kenney read a request from Mr. McSweeney to abate sewer betterment assessments for Eugene and Jean Larson, 7 Wingate Road, and Richard S. and Virginia C. Sparrow, 8 Wingate Road, as they cannot be fed by gravity; they couldbe serviced from another direction at some time and a betterment would be assessed. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering to abate sewer betterment assessments for the following: Eugene & Jean Larson 7 Wingate Road $1,162.50 Richard S. & Virginia C. Sparrow 8 Wingate Road 814.86 The Board discussed with Mr. O'Connell the proposed amendments to the Park and Recreational Facilities Regulations. Upon motion duly made and seconded, it was voted to amend the Park and Recreational Facilities Regulations and to adopt the following: "The Board of Selectmen for the Town of Lexington, by virtue of its authority to make rules for the use and government of the Public Parks of said Town, and for breaches of such rules to affix penalties, hereby ordains that within the limits of the Public Parks and Recrea- Board, or its designee tion areas, except with the prior consent of the it 1. 2. is forbidden; - To be in or on Park Property between 10:00 p.m. and 6:00 a.m. with, - out permission from the Board of Selectmen or unless the hours are revised under an addendum schedule. la. To be in or on Sutherland Playground, Willards Woods, Kineen's Pond, or any other park grounds, school grounds or recreational areas, except while open for public skating or any other lighted recreational use, during the period from one half-hour after sun- set to one half-hour before sunrise, without written permission from the Board of Selectmen or the Town Manager. To cut, break, injure, deface, defile, or ill-use any building, fence or other construction, or any tree, bush, plant or turf, or any other thing or property of said Town; but this rule shall not prohibit the picking of wild flowers and edible berries inreasonable.quantities for personal use. 251 Selectmen's Meeting September 24, 1973 3. To utter any profane, threatening, abusive or indecent language pr loud outcry; or have possession of or consume any narcotics, or have possession of or consume any alcoholic beverage, or play any game of chance; or commit any disorderly or improper action; pr disturb the peace in any way, or conduct oneself in such man- ner as to interfere with the rightful enjoyment of the public Upon these grounds. 4. To throw any stone or missile, or have possession of or discharge any destructive weapon, firearm, firecracker, torpedo, or fire- work; or make a fire, or throw or place upon the ground a lighted match, cigar or other burning substance; or post, paint, affix 'or display any sign, notice, placard or advertising device; or, except with written authority from the Selectmen, engage in busi- ness, sell or expose for sale, or give away any goods, wares, or circulars; or set a trap or snare or injure or have possession of any wild animal or bird; or injure or disturb any bird's nest or eggs. 5. To allow any animal, other than a dog, to go upon these grounds un- less such animals be used for pleasure travel on a way or place provided therefor. 6. To refuse to obey the orders or requests of either the Selectmen, or the Park Police, or other agents of the Selectmen, and to refuse to assist them when required. 7. It is forbidden to operate or park a motor vehicle, without limit- ing the generality of the same, any car, truck, bus, motorcycle, Motor bike or snowmobile on park grounds, school grounds and recrea- tion areas, other than in the official use of the Town, or without the approval of the appropriate authority except in areas especially designated by said Board as available for parking. 8. It is forbidden to assemble, gather, or congregate on park grounds, School grounds, and recreation areas, for the purposes of consuming alcohol or narcotics, gambling, or making any undue noise or dis- turbance. 9. No dumping of any kind shall be permitted within any park grounds, School grounds and recreation areas except with written consent of the approving authority. 10. The playing of golf is strictly prohibited except as approved by the Recreation Committee. Any person willfully doing any of the things above forbidden shall be punished by a fine not exceeding twenty dollars. Compliance with the foregoing regulations is a condition of the use of these premises. BY ORDER OF THE BOARD OF SELECTMEN LEXINGTON, MASSACHUSETTS Amended 9-24-73 252 Selectmen's Meeting September 24, 1973 Mrs. Riffin reported that the Visiting Nurse Association has in - Well formed us that the Well Elderly Clinic has been very successful and. Elderly Vynebrooke and Greeley Village senior citizens have been using it. Clinic Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. Afterdiscussion of a DPW Union item and one concerning real estate tax abatement, it was voted to go out of Executive Session and resume the open meeting. The Planning Board met with the Selectmen to discuss picnic areas, individual overnight hospitality, and public campgrounds during the Bicentennial. Bicentennial Chairman Kenney:. The Bicentennial Committee has recommended that Picnic Areas picnic areas be designated. Does the Planning Board concur? Camping Mrs. Brown: Our recommendation is built on top of the Bicenten- nial Committee recommendation. Chairman Kenney: Then there is general agreement on picnic areas and the Town would provide picnic tables and sanitary facilities. Mr. O'Connell: There are a number of policy determinations to be made, of which this is the first. The Bicentennial Planning Staff will monitor priorities. I wouldlike to suggest that planned areas go through on the DPW logistic report; they would be marked for picnic and other purposes. Mr. Bailey: There would be a specific budget request for these. Mrs. Riffin: Both reports (Planning Board and LBC) alluded to the possibility of having State DNR funding. Mr. O'Connell: If we see any indication, we will pursue it. The source of these picnic tables would have to be the Concord Reformatory, and that probably would be the source the DNR would have. Camping Dr. Clarke: As a result of our discussions, we would encourage Vehicles local citizens to provide accommodations for single vehicle camping. The Town would provide information on where these would be available. We went into detail as far as guidelines on setback limits on blacktop areas, no parking on streets at night in historic districts, and house- holder charging a fee. Chairman Kenney: Under what authority would we be issuing permits? Dr. Clarke: The Police Department; we haven't gotten into the Board of Appeals. Mrs. Brown: On individual hospitality, there are two levels - local householders wishing to help friends, and the deliberate form of hospi- tality for householders wishing to participate. There is a place in the zoning by-law which allows use of a temporary permit so the Board of CI 5 Selectmen's Meeting September 24, 1973 Appeals would not be involved in every single one. We have discussed this with the Building Inspector and the Board of Appeals would be- come involved if there were some exceptions to this. Mr. Bailey: There could be a broad enabling ruling that would not require a hearing on every single site. pr. Clarke: We discussed it as to the effect on abutters and neighbors and if we provide a permit for this, it might be an unoffi- cial permit and not be enforced, in a sense, on every vehicle in every driveway but on a complaint basis. Mr. Busa: Is it my understanding that anyone would welcome a trailer in his yard. Dr. Clarke: Yes. Mr. Busa: If that is the policy, you could have a trailer there 104 days a year. Mrs. Brown: We were talking about a person who might rent a trailer all summer, and to avoid having a householder inviting six trailers into his yard, even if they were all relatives. On the idea of positive accommodations I have heard of Campers Associations whereby people would like to receive guests. There area lot of people who would like to make their hospitality available under guidelines but this, should be optional. The Planning Board felt it would be hard to judge without experience; it would need some control. Mr. O'Connell: There is the possibility of asking the Chamber of Commerce to have an office and the property owner would register that he could comply with the rules that the Board of Appeals could set. The Building Inspector could work out any enforcement. Chairman Kenney: There is a general feeling on our Board that we could be convinced of the desirability of going along with this but we want to have a look at restrictions and controls. Mrs. Riffin: People, especially older couples, could stay in homes; many residents have said they would like to offer hospitality to these people. I am a little wary of campers and people from the Metropolitan area, coming here if it is advertised. Or. Clarke: It is not to be advertised in any way. Mrs. Brown: There should be some centralized office. Maybe the nearby towns might wish to set up an accommodations clearing house. If something like that is undertaken, to have an office available should not be hidden information. We have to work on it and have confidence and not be secretive. Mrs. Riffin:- It is important to have the criteria. The Board of Selectmen agreed. General discussion was held on public camp sites and the possible use of school grounds during the summer. It was agreed to discuss the matter with the Town Meeting Members Association and the School Com- mittee. The Planning Board retired from the meeting. 254 Selectmen's Meeting September 24, 1973 Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which if made public might adversely affect the public Session security, the financial interests of the Town or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn .at 10:05 p.m. A true record, Attest: Executive Clerk, Selectmen 255 SELECTMEN'S MEETING October 1, 1973 A regular meeting of the Board of Selectmen was held in the Select- . men'S Meeting Room, Town Office Building, on Monday, October 1, 1973, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown, and Mrs. Rifffn; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Execu- tive,Clerk, were present. ,Hearing was declared open upon petition of Texaco, Inc. for the installation of an additional 8,000 gallon underground storage tank on the Premises at 915 Waltham Street and Concord Avenue, Lexington. A notice of the hearing was inserted in the September 20, 1973 issue of the Lexington Minute -man and sent by certified mail by the applicant to the abutters,:as listed on the records of the Assessors. Application was approved by Henre P. Fradette, Acting Fire Chief. Mr. Muench, representing Texaco, Inc., explained that the installa- tionof this additional tank would enable the station to have fewer Texaco deliveries and would cut down the truck traffic in the Town. This tank Hearing would be used for unleaded gas. Chairman Kenney asked if anyone was present in favor or in opposi- tion'to the petition? Hearing no reply, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permis- sion to Texaco, Inc. for the installation of an additional 8,000 gallon underground gasoline tank on the premises at 915 Waltham Street and Concord Avenue, Lexington, and to issue a new license as follows: To keep store and sell 24,000 gallons of gasoline in one 8,000 gallon tank and four 4,000 gallon tanks, 650 gallons of waste oil in one 560 gallon tank, 560 gallons of fuel oil to be used to heat the building in one 560 gallon tank, all in underground tanks; 600 gallons of motor oil, 600 gallons of anti -freeze, 600 gallons of chemical accessories, 100 gallons of automatic transmission fluid, all in approved containers above ground, on the premises at 915 Waltham Street and Concord Avenue, Lexington. Mr. O'Connell recum,nended that the contract for street and side- walk!construction be awarded to the lowest bidder, Starrett Paving Contract Corporation, Marlboro. 73-6-E ;Upon motion duly made and seconded, it was voted to award Contract 73-67E to Starrett Paving Corporation, Marlboro, for street and sidewalk construction, in the amount of $81,056.75. Mr. O'Connell informed the Board that the new Mack fire engine has Fire Engine been delivered to the Fire Department and has been delivered to the Fire Department and has been put into service. Ladder #1 has been turned over to the Mack Company and has been sold to Smithsfield, Rhode Island. 2 5 b Mr. O'Connell discussed the bids for the compactor for the Hartwell Avenue sanitary landfill; Hedge & Mattheis Company, Needham Heights, Buffalo-Bomag $52,385; Powered Equipment Corp., Newton Highlands, Rex- Factor $49,500; State Equipment Corp., Burlington, Hyster $46,920. After review by, -the Public Works Department, Mr. McSweeney recommends, and I concur, that the Town purchase the Buffalo-Bomag from Hedge & Mattheis Company in the amount of $52,385. This recommendation is based on a 3 -day trial period at the landfill and taking into consideration the per- formance, operational characteristics of the machine as they relate to the driver, maintenance service, availability of parts, warrantee; etc. $45,000 would be available from the General Revenue Sharing.Fund for the purchase of this machine,.and $27,000 would remain in the Article and revert to E.& D. Upon motion duly made and seconded, it was voted to purchase a Buffalo-Bomag from Hedge & Mattheis Company in the amount of $52,385. Hearing was declared open on the petition of the New England Tele- phone and Telegraph Compamy for installation of underground conduit on Bedford Street, Harding Road and Simonds Road. Notices of the hearing were sent to abutters as shown on the peti- tioner's plan and also filed with the Director of Public Works/Engineer- ing. A report from the Director of Public Works/Engineering was read stating that the purpose of the conduit is to increase trunk capacity between the Town of Bedford and the Town of Lexington, which will eventu- ally result in the elimination of the existing overhead cables. The permit for Bedford Street will be issued by the State Department of. Public Works. The location is satisfactory to this department with one condition: that the proposed conduit be placed approximately five feet Conduit below the existing culvert at Station 25+35 to allow for future lower- :.Bedford St. ing of the culvert, if needed. Harding Road and Simonds Road locations Harding Rd. are satisfactory to this department and all excavation near the roots Simonds Rd. of the trees must be done by hand. Therefore, this department recommends that the New England Telephone company be granted permission to install said conduit and manholes. Mr. Robert Dunn, representing the New England Telephone Company, was present and explained that the conduit is needed to relieve the over- loaded situation at Hartwell Avenue and the trunk between Lexington and Bedford. Chairman Kenney: Is there any timetable on the elimination of overhead wiring? Mr. Dunn: There is a 419 cable that would eventually come down but that would be about 1975, but I can't give you a timetable. This job would start early in the spring of 1974 for a period of 2 to 3 months; we are waiting for the State Permit. Chairman Kenney: The recommendation is for the conduit to be placed 5 feet below the existing culvert on Bedford Street and all excavation near the roots of trees must be done by hand. Mr. Dunn: There is no problem; if there is any difficulty, a tree man is consulted in the area. We will replace the sidewalk that is dug up, and we will not tie up traffic. A steel plate will be put in the driveways or it will be backfilled. 1 1 1 Selectmen's Meeting October 1, 1973 Mr. McSweeney: The conditions on the trees will be the same on the State permit as on ours. 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 permis- sionto the New England Telephone Company for the following installations subject to the restrictions that the permit for the location on Bedford Streit is to be obtained from the State Department of Public Works and the proposed conduit is to be placed approximately 5 feet below the exist- ing Culvert at Station 25+35 to allow for future lowering of -the culvert, if needed. Also, all excavation near the roots of trees must be done by hand; (Bedford Street: From North Hancock Street, northerly approximately 6,079 feet of underground conduit; also, 10 man- holes 54/213; 54/214; 54/215; 54/216; 54/217; 54/218; 54/114; 54/115; 54/116; 54/151B. !Harding Road: Simonds Road: From Bedford Street, easterly then southeasterly, approximately 305 feet of underground conduit. From Bedford Street, easterly approximately 109 feet of underground conduit. Chairman Kenney read a petition from the New England Telephone Com- pany and the Boston Edison Company for the relocation of six poles and the removal of two anchor guys from poles on Massachusetts Avenue at Jean Road and School Street. Chairman Kenney: This work was done in conjunction with the side- Pole walk construction on Massachusetts Avenue, and it meets with the approval Reloca- of the Department of. Public Works. No hearing is required. tions bpon motion duly made and seconded, it was voted to approve the Mass.Ave. location as submitted on the petition: from the new England Telephone Com- Jean Rd. pany and the Boston Edison Compamy, as follows: School Street 2 7 Massachusetts Avenue: Southerly, approximately 165 feet from Jean Road, six poles to be relocated, also remove six poles. Northeasterly approximately 262 feet from School.Street, two anchor guys off poles 57/184 and 57/183. Mr. O'Connell informed the Board that a transfer request has been Real Est. received from the Board of Assessors for $7,000 to pay the cost of getting Tax Bills set up and running one set of tax bills by outside computer processing. Transfer 258 Selecmen's Meeting October 1, 1973 During the 18 -month fiscal year, two tax bills must be prepared and almost 10,000 bills must be sent out on March 15, 1974. Our billing machine just about survived the last billing routine and it would cost about $10,000 to replace it; we would still be able to only average about 430 bills a day. We would propose to go to computer processing and this is consistent with the Davis systems and procedures report to the Data Processing Systems Study Committee. We have received proposals and we have selected the Arlington Trust Bank of Lawrence as it quota- tion was the lowest. It costs about $4,000 to get our records on tape and $3,000 to cover billing runs. We will be paying $4,050 for the setup, $1,350 for 10,000 run of bills, and an estimated $150 for changes. It would-be 3 cents per bill charge if we care to have the envelopes stuffed by machine; they would deliver to us the bills in envelopes ready to be mailed. 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 #3000 -Assessors' Expenses in the amount of $7,000. Chairman Kenney informed the Board that Mr. Zehner has submitted his recommendations for appointments to the Town Report Committee. Town Upon motion duly made and seconded, it was voted to appoint the Report following members of the Town Report Committee: Louis A. Zehner, Committee Chairman, John E. Taylor, Richard W. Hoover, Gerald L. Gilmore, Mrs. Edith Cheever, and Mrs. Shirley Stolz, Consultant. Chairman Kenney read a letter from Commissioner Campbell stating Chapter 90 that the State Department of Public Works has revised its policy re - Street Signs garding the use of Chapter 90 funds to allow municipalities to purchase street name signs for use on the local street systems. It was re- quested that a list be forwarded to Commissioner Campbell. Mr. McSweeney agreed to compile a list of street signs that are needed and to submit it to the Board. Also, to check into the possi- bility of including Historic Site direction signs. Grassland Chairman Kenney read a letter from George G. Cahaly, 64 Grassland Street Street, requesting information on the progress of construction of Grassland Street. The Board agreed to inform Mr. Cahaly that Grassland Street is the top priority of the contractor and the work is to begin within a few weeks. Chairman Kenney read a request from the Board of Retirement for Cuzner approval of retirement of William H. Cuzner of the School Department. Retirement Upon motion duly made and seconded, it was voted to approve the retirement of William H. Cuzner, School Teacher, under the Non- contributory Pension Account. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on May 14, 1973. Selectmen's Meeting October 1, 1973 Chairman Kenney read Street, regarding traffic Mr. McSweeney agreed signs'', and the possibility Street. 0pon motion duly made 72-9-E awarded on July 30, ing, caulking and pointing $3,510.00. a letter from Mrs. Clifford Porter, 393 Lincoln conditions on Middle Street. to come back to the Board regarding traffic of painting a line down the center of Middle and seconded, it was voted to sign Contract 1973 to F. Dicenzo and Sons, Inc. for clean - the Cary Memorial Building in the amount of The Board and the Town Manager discussed filling the vacancy on the School Committee because of the death of Vernon C. Page. According to the Selectmen -Town Manager Act, when a vacancy occurs in the member- ship pf the School Committee or the Board of Selectmen, the Board of Selectmen or the remaining members of the Board of Selectmen shall call a special Town election to fill the vacancy for the unexpired term, ex- cept if such vacancy occurs less than one hundred days prior to the annual election and not less than three members of such committee oY Board remain in office, the vacancy shall remain unfilled until such annual election. Chairman Kenney: We are obliged to call a special Town election as the period of time exceeds 100 days. The Town Clerk advises us that the closing date for filling nomination papers is, by law, 35 days Prior to the election. We should allow sufficient time for can- didates to acquire signatures. Opon motion duly made and seconded, it was voted to call a special Town Election to fill a vacancy on the School Committee, on Monday, December 3, 1973, with polling hours of 7:00 a.m. to 8:00 p.m. Chairman Kenney reported that on September 28, 1973, Mrs. Riffin, Mr. Blrown and he had signed signature cards and had examined the con- tents of the Selectmen's safety deposit box at the Lexington Trust Company. In the box was a copy of the vote of the Board on June 21, 1937 authorizing any three selectmen to have access to the box and, also,, a key to a vault in the Town office building which no longer exists. Mr. O'Connell recommended that combinations to all vaults in the Town Office Building be placed in the safety deposit box and he will contact the department heads to submit them to the Selectmen's Office. Mr. Bailey And Mr. Busa signed signature cards which are to be forwarded to the Lexington Trust Company. Upon motion duly made and seconded, it was voted to reaffirm the vote of June 21, 1937 that any three members,' together, of the Board of Selectmen of Lexington be granted authority to have access to Safe No. 266 in the vault of the Lexington Trust Company. 259' Traffic Middle Street Contract 72-9-E Cary Mem. Building School Committee Vacancy Special Town Election Selectmen'; Safety Deposit Box 260 Selectmen's Meeting October 1, 1973 Chairman Kenney read a report from the Traffic Safety Committee in reply to a request from the School Committee to investigate the Grassland safe walking conditions for students attending the Franklin School. Street Area The report states that the committee finds no unusual hazards along Franklin thisrouteand, in a sense, all pedestrian routes for school children School involve some hazards. Recommendations will be withheld until all of the sidewalk and roadway improvements in the area are completed. The Board agreed to accept the report of the Traffic Safety Com- mittee and to recommend to the School Committee that a representative sit in on meetings with the Traffic Safety Committee. Chairman Kenney read a report from the Director of Public Works/ Engineering in reply to a letter from Mr. and Mrs. Champion, 6 Rolfe Champion- Road, requesting that a sewer manhole not be located on his property. Rolfe Rd. The report states that the manhole is needed in order to avoid the Sewer Ease- existing drainage system in Rolfe Road, and relocation would necessi- ment tate tearing up Rolfe Road. The Board agreed to accept the recommendations of the Director of Public Works/Engineering and to inform Mr. and Mrs. Champion that Mr. McSweeney will arrange a meeting with them prior to the actual beginning of construction. Also, that one manhole is necessary and will be placed one foot beneath the ground level. Uncollect- The Board discussed the request from the Tax Collector to abate able Ambu- ambulance bills that are uncollectable. lance Bilis The Board agreed to send a letter to each one on the list re- questing that payment be made for emergency ambulance service but if, because of financial hardship or some other reason, he is unable to meet this obligation an explanation must be submitted in writing. The list is to be publicly posted on November 15, 1973. Mr. Furash, Appropriation Committee; Mrs. Brown and Dr. Clarke, Planning Board; Mr. Michelson and Mr. Politi, Bicentennial Committee, met with the Board to discuss proposed programs for the Bicentennial Bicentennial celebration. Capacity Mr. O'Connell: We briefed the military assistance groups at Analysis Hanscom Field on September 27 and they are seeking to help us with their support. The proposed program of events has not been reviewed and approved by the Selectmen. Capacity Analysis: How many people can the Town accommodate? The conclusion is a maximum number of people, roughly, 120,000- 150,000 people; beyond that, there would be a problem. There would be six people deep throughout the 31 mile parade route. If we were to allow parking and start outward to a radius of a mile, we can store cars up to 90,000. Studies give us a stong conviction that to make a parkingplan possible for more than 90,000 and to have 15,000 cars parked at Hanscom and the Moll would require between 150 to 200 buses. We judge this to be unfeasible and unsafe. If you think about 261 Selectmen's Meeting October 1, 1973 where we would park these buses, it would take as much as three hours to get people back to their automobiles. We came to the conclusion that a practical limit of the group to see the parade is around 120,000, made up of',people essentially in a 1 -mile radius of Lexington. Mr. Furash: What is the current crowd count? Mr. O'Connell: This year, it was not over 40,000. Plan for Controlling: No invitation plan - first come, first served. Traffic The pjiblic would welcome up to the stated figure. We would turn the Control traffic off based on the occupancy of the street. Physical Controlled Plan at 8 or 9 Access Points: Plan to be tied in counercial radio; effective communication network is essential. We would' have a staffing plan that would build up and peak and level off. Physical We are talking about $5,000 per hour. There would be an 18 -hour span, Control and is that really what the Town wants to do? We would hold cars at the curb and give walking people a 30 minute chance to get out. Medical Aid: The concept is to get this service provided under the direction of the National Guard as it is the only one involved in the business of rendering medical aid. Our approach would be to engage them. We would have a plan and provide sites and they would provide people for the units, medical staff, etc. The State National Medical Guard,has 50 positions that they have to qualify for duty each year. Aid This Service would be provided for a whole group of towns. In addi- tion,the Red Cross would man the field units. There would be station wagons to take care of simple problems up to the more serious problems, and they could call for an ambulance at the medical aid station. The National Guard is tied in with helicopter support. There should be rest Stations around the town which would be operated, hopefully, by the Red Cross or some civic group. Also, these could serve as "lost Child" stations. *ire Protection: We can turn the perimeter of the Town over to Mutual Aid. If fire equipment is displayed around Town, we are Fire limited to one unit. We could attempt to borrow regular fire engines Protec- and some jeep -type units. An important requirement is added personnel tion to fully man all units. Public Health: To make maximum use of public and semi-public Public buildings that are equipped, so that we can reduce the number of port- Health able louts. Communication: The key is to have central communication to exer- cise Control of all functions; to be tied in with surrounding towns, Communi- Stateand Civil Defense, and commercial radio. We hope to borrow cation communication equipment from the military. 2&2 Selectmen's Meeting October 1, 1973 Contingencies: We would have to have a contingency plan to deal Contin- with such things as a major medical plan if a restaurant served bad gencies food; weather, traffic; a contingency plan to deal with program can- cellation ancellation - when a decision would be made and how it would affect the Town. Hopefully, we weould achieve military assistance in regard to manpower. Mr. O'Connell continued: You are familiar with the existing budget plan to get $100,000; the figure I use for developing a com- plete and adequate plan for carrying out Bicentennial I, as proposed, and Bicentennial 2 is $250,000. The problem is where the additional $150,000 to-$100,000.would come from. The program plan, as the Com- mittee would like to see it develop, is 2 to 2115 times the planned taxpayer budget program, and the military may very well be the answer to it. At the meeting at Hanscom, the Base Commander said that he would ask for extraordinary funds in his budget for 1975 and, in order for them to provide that kind of _help, he would have to have approval of $100,000 for Lexington and Concord. If that amount is not forth- coming, the amount of money he could use would be minimal. Bicentennial Mr. Bailey: Your figure of $250,000 is for right now through the Budget tourist season of 1975? Mr. O'Connell: Yes. Chairman Kenney: You ate to understand that this is preliminary.. We wanted members of your committees to be aware of proposals coming and, also, the amount of managerial and administrative work involved. To this end, we have voted the Town Manager to be the Director of Plans and Operations on an interim basis until the position is filled, and to undertake the responsibility of recruiting candidates for the Director's position as expeditiously as possible. Mr. Furash: What is the amount of money for the weekend? Mr. O'Connell: It is the lion's share, $200,000. The money goes up when you draw thousands of people and you have to be ready, to control vehicles and control the crowd. Chairman Kenney: Is the Bicentennial Committee still talking of the existing or present budget? Mr. Politi: Yes. Chairman Kenney: And additional costs would be picked up by the military? Mr. O'Connell: If the military comes through, then my figure goes down accordingly. Chairman Kenney: We will be -making overtures to the Pentagon for funds for Hanscom, and the State Legislature for the National Guard. If these are not forthcoming, there would have to be drastic changes. Mr. Michelson: We have been attending joint meetings at Hanscom with Concord once a month with the Army, Navy, Coast Guard and the National Guard. We have been doing our planning with the hope that the military comes through with their promises to us. We have a plan 263 Selectmen's Meeting October 1, 1973 for political pressure for October 25, inviting both state and federal for presentation. Everything has been done in good faith. The Bicen- tennial has been planned with Concord for additional federal aid. MX. Bailey: I would guess that the budgets of federal installa- tions would not be active until the fiscal year of July 1, 1974 and they wpuld not know if they are getting the money. The cutoff date for us' is March. Mx. O'Connell: They would get advance signals next spring, late spring'. M. Politi: Our budget has always relied on expectations of aid. from the military. We are forming a non-profit organization and ex- pect to make money from the sale of medallions of several thousands to $30,000 being raised. Chairman Kenney: We will be looking for someone to assist in this plan. Mr. Furash: There is some lack of clarity. NIr. Michelson: It has been spelled out in our budget at a figure of $40'',000; $20,000 for the Director. M. O'Connell: For general information, I have gotten to the point Of a promising candidate, one who may or may not be interested;', we are', at the point where that decision would have to be made by October 15. Mi. Furash: The concensus of our committee was that it was the Bicentennial not the Town Manager's responsibility. There are lots cif other 'things for him to do and this is not the most important use of his time in our committee's point of view. Whether it can be done by bringing someone in separately, no comment. The concept was put before Town Meeting and I am not sure they heard it in all its detail. Chairman Kenney: We are saying we would have in-house assistance. M. Bailey: Essentially, he would be involved. Mr. Furash: The person would have to be supervised. Chairman Kenney: He will be. We have been offered assistance by one company. Mx. O'Connell: Mr. Williams of Raytheon is the Raytheon manage-, went individual. Mr. Furash: What success have we had in federal and state fund -1 ing? Mr. O'Connell: It is too early to say; assurances are quite strong,. Mr. Furash: If we asked the state to introduce legislation, hale you'ta!lked to our legislators and asked them? M. O'Connell: We have. I would point out that we have to equip these people with the right information. On October 25, the purpose'is to start arming these people. Chairman Kenney: Rather than ask the state legislature for $25,1000, we are asking the National Guard to put it in their budget. 264 Budgets Selectmen's Meeting October 1, 1973 Mr. Furash: It doesn't hurt to try. I don't think it unrealistic to put up $100,000 and to have it matched. Mr. O'Connell: There is a grant procedure for the Town to apply through the American Revolutionary route, and the form runs to 50 pages. Mr. Furash: I am saying if we are going to bring in professional help to do this, we want a mutual understanding that the basic purpose is to be directed at attaining such funds. If not, there would have to be a drastic curtailment of events. By March, we should have a good idea of this and can tell Town Meeting whether we have to match it. That is his basic purpose. Chairman Kenney: The 1974 budget calendar is essentially on schedule. Mr. Furash: When will we see the material?' Mr. O'Connell: Those items recommended by the Town Engineer should be in by theend of the week. The total requests are approximately $3 million. I expect to be recommending a budget of not more than one-half that on a gross budget basis. Chairman Kenney: They will be forthcoming to the Selectmen and the Appropriation Committee. By October 15, we would review the capital budgets. Mr. Furash: I would appreciate some form of review on the parking situation in the center. Chairman Kenney: We have a $3,000 appropriation for the extension Meriam St. of the Meriam Street lot. We took 25 or 30 meters from behind Craft Parking Lot Cleaners and put them over at the front of the existing lot and it is working well. It is being used for all -day parking. Selecemen's Upon motion duly made and seconded, it was voted to have the Meeting Selectmen's Meeting on Tuesday, October 23, 1973 at 7:00 p.m.' Mrs. Riffin reminded the Boardthat the date of the moratorium on Tax Title the sale of tax title lots expired on September 30, 1973. Moratorium Upon motion duly made and seconded, it was voted to extend the moratorium on the sale of tax title lots until March 31, 1974. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which if made public might adversely affect the public security, Session the financial interests of the Town or the reputation of a person. After discussion of a matter concerning the Battle Green and matters of financial interest to the Town, it was voted to go out of Executive Session. Creche Mr. O'Connell discussed the history of the creche being located on the Battle Green. It has been traced back about 50 years; the new one sponsored by the Rotary Club and later on by the Chamber of Selectmen's Meeting October 1, 1973 Commerpe. Then, the Public Works Department was asked to take over not only the storage but setting up and taking down the creche, and the citizen group identification disappeared. Mrs. Scigliano of the Lexing- ton Minute Man is now doing some research on the background. The Board agreed that Mr. O'Connell is to come back to the Board when additional information is received and it will be an agenda item before' the end of October. Upon motion duly made and seconded, it was voted to adjourn at 11:05 p.m. A true record, Attest: L ecutive Clerk, , Selectmen 265 266 SELECTMEN'S MEETING October 9, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, October 9, 1973, at :1:30 p.m. Chairman Kenney, Messrs. Busa and Brown, and Mrs.'Riffin; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works/ Engineering; Mr. Chase, Town Engineer; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell requested that the Board confirm the selection of Mr. Robert I. Tarlin as Bicentennial Director of Plans and Operations. Bicentennial He is a retired Air Force Program Controller and military systems Director manager, combined with experience in hotel planning and the public field. He is available immediately and we are convinced that we have' the right man to carry this job. forward. Mr. Tarlin lives in Needham, has a general familiarity with Lexington and is highly recommended by the personnel at Hanscom Field. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to appoint Mr. Robert I. Tarlin as Bicentennial Plans and Operations Director. Resignation Mr. O'Connell informed the Board of the resignation of Robert Heustis, Director of Public Health, effective November 2, 1973. Permit Mr. O'Connell informed the Board that he had granted permission to the Veterans Administration for a trailer to be parked in the driveway in front of Cary Hall on November 5, 1973 for the purpose of providing information to residents. Mr. Kenney requested the Board to sign the Warrant for the Special special election to be held to fill the vacancy on the School Committee Election because of the death of Vernon Page. Upon motion duly made and seconded, it was voted to sign the War- rant for the Special Election to be held on Monday, December 3, 1973. Chairman Kenney read a letter from Secretary Davoren in reply to a letter from the Board requesting clarification of Question 24 on the Female Jury form, which has created confusion on exemption for women Female Jury with children under 16 years of age. The question is "Do you wish to Question- waive any exemption from jury service to which you may be entitled by naire law?" Many women with children under 16 answered "Yes" but really meant they did not wish to serve because of having children to care for. Secretary Davoren agreed that Question 24 was confusing but the language was specifically chosen by the court and the Attorney General's Office. He suggested that an explanation be attached to the question- naire stating that a "yes" answer "makes the decision yours as to whether or not you wish to serve on a jury if, for example, you have children under 16 years of age'." 1 Selectmen's Meeting October 9, 1973 The Board agreed to attach the explanation of Question 24 to all female jury questionnaires sent out in 1974. Upon motion duly made and seconded, it was voted to approve the request of the County Extension Agent to proclaim October 7-13, 1973 as "4-I Club Week. Chairman Kenney read a request from Mrs. Robert Adam of the Church of Our Redeemer for parish teenagers to walk on Massachusetts Avenue with '!sandwich men" type signs on November 3, 1973, directing people to the Country Store Fair. Mr. O'Connell: My office suggested to Mrs. Adam that she write to the Board as Article 24, s. 19, of the General By -Laws requires that a permit be granted from the Board of Selectmen for advertising by sign on any street or public place. I see no objection to it. Mr. Busa: I have no objection but it would be wise to check and Permit see if they need a permit for the Country Store Fair. Mr. O'Connell agreed to check it out. Upon motion duly made and seconded, it was voted to grant permis- sion #o the parish teenagers of the Church of Our Redeemer to walk on Massachusetts Avenue in the Center with sandwich -type signs on November 3, 1973 directing people to the Country Store Fair. Upon motion duly made and seconded, it was voted to certify the Cert. of character of Gordon I. MacKay, 180 Grove Street, who has applied for Incorp. Certificate of Incorporation "Citizens for Economy in Government, Inc." The Board agreed to accept the invitiation from the Town Celebra- Veterans' tions Committee to participate in the parade on Veterans' Day, October Day 22, at 10:00 a.m. Parade 267. Proclamation, Upon motion duly made and seconded, it was voted to table the minutes of the Selectmen's Meeting held on May 21, 1973. Upon motion duly made and seconded, it was voted to sign the Orders, of Construction of Sidewalks on the following streets: Grassland Street: Northerly side from Payson Street a distance of 940 feet, more or less, to Valleyfield Street. Sidewalk Orders Waltham Street: Westerly side from 435 Waltham Street oppo- site Brookside Avenue a distance of 1295 feet, more or less. Brookside Avenue: Northerly side from Waltham Street Easterly to Stedman Road a distance of 600 feet, more or less. 268. Selectmen's Meeting October 9, 1973 The Board agreed to hold, for additional information, the Order for Construction of Water Main on Garfield Street, from Reed Street a distance of 100 feet, more or less, Northerly. Chairman Kenney read a request from the Indochina Peace Campaign to leaflet in Lexington Center, with a table set up, on Saturday, October 13, 1973. Mr. O'Connell: Permission has been granted previously this year to allow another group to set up a table in the non -traveled portion of the sidewalk. Mr. Busa: I object to having a table set up and passing out leaf- lets. We don't know these, and who is going to police the area if someone drops leaflets on the sidewalk. Mr. Brown: Whether or not we like what they are passing out, they have a right to pass it out. We are not saying we have sympathy for it. Permit Mrs. Riffin: I think that having a table would give a focus where Leaf- normally these people would stand and the traffic would keep moving. letting If we allow a table, it might be a better solution than people walking up and down and passing out.the leaflets. Upon motion duly made and seconded, it was voted to grant permis- sion to the Indochina Peace Campaign for an information table to be set up in Lexington Center on Saturday, October 13, 1973, from 11:00 a.m. to 3:00 p.m., subject to the following conditions: 1. A bridge table may be located in the space between two of the planters on the portion of the sidewalk at Massachu- setts Avenue and Waltham Street in the vicinity of F.W. Woolworth Company,and should not interfere with the pedestrian use of the sidewalk. 2. The setup is to be limited to two persons with table and two chairs. 3. No signs, posters or graphic displays are to be used. 4. There will be no use of sound amplification equipment. 5. Permit will be revoked immediately if sidewalk is littered with pamphlets. Chairman Kenney informed the Board.that a request has been received from the Kidney Foundation for permission to have a mobile testing unit Permit parked in front of Cary Hall during the week of November 25, 1973. Kidney Upon motion duly made and seconded, it was voted to grant permis- Foundation sion to the Kidney Foundation of Massachusetts to station a mobile testing unit in front of Cary Memorial Hall during the week of November 26 - 30, 1973 from 9:00 a.m. to 5:00 p.m. Selectmen's Meeting October 9, 1973 Chairman Kenney -read a letter from the District Director of the Waltham Newton Regional Refuse Disposal District Director inviting a representative of Lexington to attend a meeting in the near future to discuss the potential of broadening the district to include abutting cities and towns to study the feasibility of handling the solid waste problem. The Board agreed that Mr. McSweeney is to send a representative when the meeting date is decided upon. Chairman Kenney informed the Board that Town Counsel Cohen has re- quested that the Board sign the deed conveying certain tax title proper- ties to the Minute Man Historical Park, as voted on November 25, 1963. Upon motion duly made and seconded, it was voted to sign the folloWing4eed conveying tax title lots to the Minute Man National Park: 1+he Town of Lexington, a municipal corporation duly organized and situated in Middlesex County, Massachusetts, under authority of a vote of the Town on Novmeber 25, 1963, for $1.00 consideration paid, re- leases and conveys unto the United States of America all of its right, title and interest in two parcels of land being: Parcel One: Land situated_on Haywood Avenue, Lexington, Middlesex County,, Massachusetts, bounded and described as follows: NORTHEASTERLY by said Haywood Avenue, one hundred and fifty (150) feet; SOUTHEASTERLY by Lot 190 shown on the plan hereinafter described seventy (70) feet; SOUTHWESTERLY by Lots 176, 177, 178, 179 and 180 shown on said plan, one hundred and fifty (150) feet; NORTHWESTERLY by Lot 164 shown on said plan, seventy (70) feet. Being Lots 185, 186, 187, 188 and 189 on a plan entitled "Colonial Heights at Lexington, Mass. owned by Frank W. Coughlin" by H.A. Millhouse dated March, 1910, a copy of which is recorded with Middlesex South District Registry of Deeds, Plan Book, 185, Plan 43, and containing 0.24 acres of land more or less. Parcel Two: Land situated on Massachusetts Avenue, Lexington, Middlesex County, Massachusetts, bounded and described as follows: NORTHERLY by the above-described Parcel One, ninety (90) feet; EASTERLY by Lot 177 shown on the plan hereinafter described seventy-two (72) feet; 269 Newton -Wal- tham Solid Waste District Minute Man National Pari Conveyance of Lexington Land 270 Selectmen's Meeting October 9, 1973 SOUTHERLY by said Massachusetts Avenue, ninety (90) feet; WESTERLY by Lot 181 shown on said plan, seventy-four (74) feet. Being Lots 178, 179 and 180 shown• on a plan entitled "Colonial Heights at Lexington, Mass. owned by Frank W. Coughlin" by H.A- Millhouse dated March, 1910, a copy of which is recorded with Middlesex South District Registry of Deeds, Plan Book 185, Plan 43, and containing 0.16 acres of land more or less. This conveyance is made subject to :easements and restrictions of record so far as are now in force and applicable. IN 'WITNESS WHEREOF, this instrument has been executed in the name o -f and on behalf of the Town of Lexington by a majority of the Town of Lexington by a majority of its Board of Selectmen this 9th day of October, 1973. Town of Lexington - Board of Selectmen Allan F. Kenney Alfred S. Busa Natalie H. Riffin Sanborn C. Brown Mr. McSweeney informed the Board that he had filed for a Match Act North Lexing- hearing last week on the North Lexington Brook and Vine Brook. He said Brook Vine that the North Lexington crossing is inadequate and we are responsible Brook for the culverts; that is why we have some of the flooding in that area. Mr. Chase, Town Engineer: This cleaning will take care of quite a bit of the flooding condition. On Vine Brook, under Chapter 90, we pro- pose to widen the culvert by 25 feet within the right-of-way. 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 security of Executive the Town, the financial interests of the Town or the reputation of a Session person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m. A true record, Attest: ,,e„i„ )27 )71-C-4-"-./-7 Executive Clerk, Selectmen SELECTMEN'S MEETING October 15, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday evening, October 15, 1973 at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. R&ffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk; Mr. McSweeney, Director of Public Works/ Engineering, were present. Chairman Kenney opened the hearing on the application of Lexington Gardens, Inc. for an additional 15,000 gallon underground storage tank, to be !installed on the premises at 544 Lowell Street, for #6 Heating Oil to be Used to heat the greenhouses. Chairman Kenney: The hearing was advertised in the October 4 issue of the Lexington Minute -man and notices were sent to the abutters by registered mail. The application was approved by Acting Fire Chief Henri R.Fradette. A report from the Building Inspector was read, stating that the new 15,000 tank will be standby capacity for the present 15,000 tank which will be the supply for the two replacement boilers being in- stalled at this location. These boilers will supply heat to the 17 greenhouses and other buildings at this address. Douglas MacDonald, manager of the complex, stated that the additional supply of #6 oil should'', relieve them of the anxiety of late, late deliveries during the crucial winter months. The proposed tank is to be located in line with #6 Fuel Oil the existing tank which is parallel to and approximately 30-35 feet Lexington back from the street line. I see no reason why the license should not Gardens be issued. The Fire Department under the division of fire prevention would. oversee and inspect the installation. Mr. Alan E. Reifenheiser, Assistant Manager, and Mr. John Isabel, representing Lexington Gardens, Inc., were present. The Board looked at a plan showing the location of the existing 15,0001 underground tank and the proposed location of a new 15,000 gal- lon underground tank. Chairman Kenney: Will this result in fewer deliveries being made to you$ establishment? Mr. Reifenheiser: Yes. M. Isabel discussed the burning properties and said that 15,000 gallon$ of oil sounds like it could be hazardous but #6 fuel oil in underground tanks is not hazardous. Also, in Massachusetts we are re- quired to burn low sulphur fuel oil. With more fuel storages coming up, the Legislature has indicated that it will give more leeway in order that hospitals, etc. could be supplied. There would be more sul- phur, which is more pollutant. With this storage capacity, we would always,get better fuel oil. 272 Selectmen's Meeting October 15, 1973' Mr. Bailey: How long would the supply last during January and February? Mr. Reifenheiser: Three weeks. Mr. Bailey: What do you use propane for? Mr. Reifenheiser: With the boilers, you cannot ignite without a pilot and it is used to ignite the oil. The larger houses have pro- pane gas heaters and they would keep the buildings from freezing. Mr. O'Connell: I noticed you listed #6 oil. Does that require preheating for pumping? Mr. Isabel: The current oil delivered will not but should we get oil that does require heating, the tank will have the capability. There is no preheating in the tank except a minor 3,000 watts. Chairman Kenney asked if anyone was present in favor of the appli- cation? Hearing none, Chairman Kenney declared that part of the hearing closed. Chairman Kenney read a letter from Ruth Codier, 564 Lowell Street, stating "We who have homes on Lowell Street and its adjoining lands are desirous of preserving the residential character and safety of this area, and we have formed an association for its protection. The storage of oil in the quantities stated introduces a hazard. I, therefore, add my voice to those of my neighbors in asking our Selectmen to refuse the Lexington Gardens petition, and enable us to retain the residential character of our homes and the freedom from the potential danger repre- sented by their request." Chairman Kenney: Is there anyone in the audience who wishes to speak in opposition? Mr. William Fraser, 533 Lowell Street: I am president of the Asso- ciation and with a license under Chapter 148, s. 13, it automatically becomes part of the land, and they may store whatever kind of inflam- mables. Thirty thousand gallons is the amount gas stations have. It is an attempt to change the zoning because you seem to allow 30,000 gallons to be stored in a residential area; this is excessive and quite a problem to have 30,000 gallons of inflammables directly in front of an 8" gas line. Not many places like this have it. It was run effi- ciently prior to this without this amount. If you are allowing them to increase for future use, it is something for this Town to look at in this area. It seems somehow that the Town is not too interested. You are part of the Town. Also, they say there would not be as many deliv- eries but there would be the same number of mammoth trucks coming in. Not all abutters were notified. We have the right to go to the State Fire Marshall. Chairman Kenney: The Board is deeply interested in all sections of the Town, including Lowell Street. This particular license specifically grants a permit for 30,000 gallons below ground and the kind of fluid is #6 heating oil to be used to heat greenhouses. It is explicit. Mr. Isabel: In discussing this matter with the Fire Chief, he said there is no problem. Our new schools have 30,000 gallons. Selectjnen's Meeting October 15, 1973 273i Mr. Bailey to Mr. Fraser: Have you ever seen #6 fuel oil? tFraser: Yes. . Bailey: Have you studied the property of this compared to #2? M'. Fraser: Yes. I said the right to store 30,000 gallons of in- flammables ... under Massachusetts law, this becomes part of the land to store inflammables. The Board may put restrictions on it but in later times it seems they come back to change this. They already have the right to store 30,000 gallons of inflammables. Chairman Kenney: They are getting a license for 30,000 gallons; if a gas Station, it would require rezoning. Mr. Fraser: They could come in and store it. Mr. Bailey: They could only have #6 fuel oil to heat the green- housesl. Please confine yourself to the problems we are facing tonight. Mrs. Ruth Paradis, 532 Lowell Street: I am near the greenhouses. I think it is deplorable how you treat the people on Lowell Street. You accepted the Mall and trailer trucks have stayed overnight. Also, there are other trucks besides Lexington Garden trucks and traffic is deplorable. Consider people before big business. Mr. Joseph Russo, 580 Lowell Street: I came here over a year ago and since then a gas station has been put in and greenhouses. There is a limitation of the police force in not patrolling the area; there are more cars, and they go by at 60 miles per hour. Mr. Fraser: Trucks would be delivering more often. It is time to stop it for the safety of children running out and getting off the school bus. There are sales going on in violation by them. I have complained to the', Police that they were keeping trucks there overnight. They tell us that in the future they won't do it, but this is the point, and we don't want it allowed. Mrs. Paradis: You people have become apathetic to our future. There have been near -accidents every day. You have allowd things to be done and you are not thinking of the people when you are doing what you are doing. Chairman Kenney declared the hearing closed. The Board would take the matter under advisement. Later on in the meeting, the Board agreed to approve the applica- tion with the stipulation that the 15,000 gallon tank be encased in a concrete vault. Upon motion duly made and seconded, it was voted to grant permis- sion and to sign the license for the installation of an additional 15,000gallon underground tank on the premises of Lexington Gardens, Inc., 544 Lowell Street, with the stipulation that the additional tank for the storage of #6 fuel oil, is to be encased in a concrete vault. Chairman Kenney opened the hearing on the application of Arlex Oil Arlex Corp., 275 Massachusetts Avenue, for three additional 20,000 gallon Oil underg*ourid tanks for the storage of #2 fuel oil. 274. Selectmen's Meeting October 15, 1973 Because the petitioner failed to send notices of the hearing to abutters by certified mail -return receipt requested, the Board agreed to set a new hearing date of October 29, 1973. Mr. O'Connell introduced Mr. Robert Tarlin to Board members and Bicentennial Mr. Tarlin was welcomed as the new Bicentennial Director of Plans and Director Operations. Mr. Tarlin agreed to return on next Monday evening to talk with the Board. Residents of the School Street area, including Mrs. Steiner, 22 Estabrook Road, Mrs. McMenimen, 26 School Street, Mr. Cardillo, 38 School Street and Mr. and Mrs. John Downey, 1 Stimson Avenue, met with the Board to again discuss the proposed School Street Sidewalk. Chairman Kenney: We thought we had made a major step forward when we requested school zone blinking lights but the State declined to grant the authority to do so. Now, the question is whether or not we should consider loading zones. We asked the Traffic Safety,Committee for an opinion and their report of October 4, 1973 states, "At its meeting of September 25, 1973, the Traffice Safety Committee discussed the possibility of installing bituminous concrete areas at the inter- sections of School Street and Grandview Avenue, Eastern Avenue and Stimson Avenue respectively. It was the unanimous opinion that, in its present state, the area does not constitute a hazard. The ques- tion of the usefulness of these proposed areas was also discussed. School St. It was the overall feeling that children walking down the three side Sidewalk streets on the roadway were not likely to mount these areas, look both ways, and then cross School Street. Rather, they are more likely to continue their present patterns of crossing. If these areas were to be used as collection points for bus pickups, they would definitely constitute a safety improvement, a good example being North Street and Lowell Street. However, under these conditions they do not constitute a safety improvement. Moreover, to operate properly, each area would require a crosswalk and crossing guard. It is our opinion therefore, that these areas alone, when intended to serve the purpose of being havens for pedestrians, fall far short of their goal." Chairman Kenney: I looked at the sidewalk this morning and this situation is representative of other areas in the Town, such as East Street. In other words, the School Street situation is not dissimilar to other areas in the Town, but it is dissimilar in the effect you would have if you construct the sidewalk, the effect on the abutters on that side of the road. To cut down all these trees and considering the small area in front of these homes, would far outweigh the benefits you would get if you built the sidewalk. Mr. Bailey to Mr, McSweeney: What were the requirements for the State warrants for flashing lights? 1 1 Selectmen's Meeting October 15, 1973 M. McSweeney: The location had to abut the school. Mx. Bailey: We are one block removed. Ni. McSweeney: You have to abut the main arterial street. The only areas in the Town that meet these warrants are the Munroe, Parker, and Adams. Schools as they abut Massachusetts Avenue. Mr. Buse: We had the same problem on Fottler Avenue, Hillcrest and Cliffe Avenues because there are no sidewalks, and parents are just a$ concerned about their children in many areas because of the traffic situation today. Mrs. Steiner: This has been going on more than three years. The only desirable and safe solution would be a sidewalk with a school crossing guard. We have more children now and we are still concerned about the safety of children. The trees might be lost but the basic concern is how children can cross the street safely. Mi. McSweeney: We couldn't possibly construct a sidewalk with- out taking down the trees. Mrs. Steiner: Are children's lives more important or is environ- ment? Chairman Kenney: If we were guaranteed that they would use the sidewalk. My point is they are going to go across and cut through the parking lot of the church. Mts. Steiner: Do the aubtters have suggestions? Mr. Downey: To walk across the street you live on and walk down Massachusetts Avenue, down Estabrook Road to Massachusetts Avenue to Crosby Road. Mrs. Steiner: I am concerned about the 70 children. Mts. Federici: I live on Ewell Avenue and I don't think.it would help our area.... Residents of the area spoke as follows: There are cars parked. I have lived there 12 years and have seen the situation deteriorate. With a sidewalk on one side, I think you could control the traffic more at the conflict hour of 8:30 a.m. Who requests the speed limit in the Town? Chairman Kenney: We can set it for the Town but it must be approved by the State. We previously tried to get it down. MY -.-McSweeney: The State sets the speed limit; 85% of the people that use the road really set it. MX. Downey: Nobody is opposed to setting the speed limit. Resident of Frances Road: Children from the high school speed in the street. Chairman Kenney: I don't want you to get the impression that we do not 'care. We only have 6 feet and because of the grade it is a serious construction problem. Mit. Cardillo: There is no sense in a sidewalk as kids have to cross the street; take the sign in front of the Dyer house and move it on the corner of Roosevelt Road. 276 Selectmen's Meeting October 15, 1973 sign each Chairman Kenney to Mr. McSweeney: Take a look at the sign. Mr. McSweeney: I don't want them to leave with the idea that the is the solution. Mr. Cardillo: Any reason why intersection? Chairman Kenney: We could at the foot of the Mr. Cardillo: Why was Nickerson Road brought sidewalk that was just completed. Mr. McSweeney: More houses are cut through as all children will. Mr. Cardillo: What happens when the Methodist Church to plow where they go through? Mrs. Steiner: They cross over on the snow and we can't have white crosswalks at being built on three major streets. up? This was a new Nickerson and they ice. Chairman Kenney: We will request the DPW to look into the matter of striping the crosswalks. Mr. Busa: Then the solution at this time is to try to have the children collect at Deering Avenue and School Street and if it warrants a crossing guard then maybe have a janitor there. Resident: Sidewalk or not, you have to control the traffic. Block that through section off and have no short cuts through there. Chairman Kenney: We cannot block the street. Resident: Who is responsible for the street? Chairman: We lack authority to block it. It is a public way, ac- cepted by the Town. The only thing in controlling the speed is to put the radar there. Resident: Traffic, not only at school time, must be controlled. Mr. Joseph Downey: Speed and the traffic on the street must be controlled. Resident: If you put a guard there, we will train the children. Resident: Get those parked cars out of there, and they are on the side without the sidewalk. Resident: What did Town Meeting vote? Chairman: Town meeting voted to construct the sidewalk. Although Town Meeting authorized this, the Board of Selectmen decided against it. Resident: There are motorcycles in that area. Chairman: Does the Board wish to get an opinion on a Crossing Guard? Mr. Busa: I would. Mr. McSweeney: The children have to be trained. Mrs. Battin: Is it possible to do three things (1) A Crossing Guard; (2) prohibit parking on either side of School Street from 7:00 to 9:00 a.m.; (3) have really strict enforcement of speed? Could you have a cruiser there? Mr. O'Connell: We don't have that many cruisers. Just observe what happens on Mass. Ave. and other areas in Town, children cross anywhere, decides not Selectmen's Meeting October 15, 1973 even with a crossing guard stationed. The fact indicates that unless we put some amount of effort into educating the children, you can't put that much faith in just a crossing guard. The smaller the youngster the more they conform to the rules. Mrs Brown: If we are going to enforce No.Parking and are going to tag cars for speeding, I hope the Board will be given a list of people that have gotten tickets. We need that information as it has been the neighbors who are in violation. Chairman Kenney: Past history has certainly proven that. Chairman Kenney to Mr. McSweeney: Look into limiting parking in the morning; give us your opinion on a crossing guard, striping the road, and the location of signs. We will speak to Chief Corr on en- forcement. Upon motion duly made and seconded, it was voted to delete the con - structimn of School Street sidewalk from the 1973 sidewalk program. The residents retired from the meeting. Mr. O'Connell informed the Board that bids on water meters have been received from Neptune Meters and a company in Kentucky which bid about 10% under Neptune but can't supply parts for remote meters. He recom- mended,and DPW concurs, that we continue business with Neptune Meters as they ',meet the essential requirements and have the remote hardware. The Board agreed with Mr. O'Connell's recommendation. Mr O'Connell discussed assistance given during the recent fire in Chelsea. We supplied two pieces of apparatus and had one unit stationed in Arlington as backup. We do not belong to District 13 Mutual Aid Net- work and my recommendation for our upcoming plans is that $1,500 be provided to do it. All you do is notify District 13 in Newton and Newton Starts calling in the equipment by radio. Mr. Kenney: Is there an annual charge? Mr! O'Connell: No, we are in the mutual system but all we have to do is the radio. Would the Board wish to extend to Chelsea the offer of official assistance as they lost the entire DPW equipment? The Board agreed that Mr. O'Connell is to contact Chelsea and offer assistance. Also, Mr. O'Connell is to check with our Red Cross to see if a public collection place, such as the Fire Station, is needed for collection of clothing for the people of Chelsea. Mrt O'Connell informed the Board that the new compactor for the sanitary landfill has arrived today. Chairman Kenney read a report from the Traffic Safety Committee in reply to a request from Mr. Filipowski, 10 Round Hill Road, that two parking meters be removed from the corner of Massachusetts Avenue and Meriam Street and the curb painted yellow. The report states that, at 277 Water Meters Chelsea Fire Dept. Compactor Mass. Ave. Meriam St. Parking 278 Franklin School iWalkers Selectmen's Meeting October 15, 1973 this time, we see no problem in either entering or leaving Meriam Street. One side of Meriam Street is currently marked "No Parking" and we can find no justification for granting the request. After discussion, the Board agreed to remove one parking space. Upon motion duly made and seconded, it was voted to instruct the Town Engineer to remove one parking space on Massachusetts Avenue and Meriam Street for a test period of 60 days. Mr. McSweeney agreed to report back to the Board on the results of the test. Chairman Kenney read a report from the Traffic Safety Committee in reply to a letter from the School Committee concerning the safety of children walking to the Franklin School. The report states, "It is the unanimous opinion that the Traffic Safety Committee is not in a position to determine safe walking distances, particularly when Chapter 71, Section 68 of the General Laws specifically spells out the limits after which transportation must be provided. The area was studied by the Police and Engineering Departments respectively. As a result, the Traffic Safety Committee sees no unusual hazards along the route. We do feel, and have stated so several times, that the hazards present- ing themselves in a particular area are generally created by the local residents, in this case, parents of non -walkers and those associated with the schools. Driver Education again is the answer. Relative to the relocation of the Kendall Road crossing guard, we will withhold any recommendation until all of the sidewalk and roadway improvements in the area are completed. We do however recommend an ongoing and continuing school Traffic Safety Program to acquaint the children with any potential hazards and means of avoiding and/or dealing with them." The Board agreed to send a copy of the report to the.School Com- mittee and to suggest that a representative of the School Committee attend Traffic Safety Committee meetings that directly affect the school children. Cert. of Upon motion duly made and seconded, it was voted to certify the Incorp. character of the following who have applied for Certificate of Incor- poration "New England Barracudas, Inc." Robert N. Eby, 20 Baskin Road, Jean G. Johnson, 29 Liberty Avenue. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meetings of May 21 and May 29, 1973. Mass. Ave. Bus Stop Chairman Kenney read a recommendation from the Traffic Safety Com- mittee for the relocation of the Wallis Court and Waltham Street bus stops on Massachusetts Avenue to the area in front of the Colonial Garage. This location should be a painted area, only, for a period of Selectmen's Meeting October 15, 1973 90 days to test user reaction and traffic patterns. It is further recom- mended that two parking meters be installed in the Wallis Court bus stop and one in the bus stop at Waltham Street and Massachusetts Avenue. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee to relocate the Wallis Court and Waltham Street bus stops on Massachusetts Avenue to a 40' by 10' area in front of the Colonial Garage for a trial period of 90days. The Director of Public Works is instructed to proceed with the necessary arrangements to expedite the changes in bus stops. At, the recommendation of the Director of Public Works/Engineering, the Board voted to sign the order of water taking on Garfield Street. Upon motion duly made and seconded, it was voted to sign the order of taking for construction of water main on Garfield Street from Reed Street, a distance of 100 feet, more or less, Northeasterly. Upon motion duly made and seconded, it was voted to sign Contract 73-5-E which was awarded on August 27, 1973 to Grandview Contracting Inc. fa'r sanitary sewer and storm drain construction in the amount of $180,863.95. Upon motion duly made and seconded, it was voted to sigh Contract 73-6-E ;which was awarded on October 1, 1973 to Starrett Paving Corp. for sidewalk and street construction in the amount of $81,056.75. Chairman Kenney informed the Board that a request has been re- ceived from Lexington Lodge of Elks #2204 for additional hours of oper- ation, by opening at 5:00 p.m., instead of 7:00 p.m. Also, notifying us of a change in Manager from Frederick Celata to Irving Kennedy. If approved, the hours would be as follows: 5:00 p.m. to 11:00 p.m. - Monday through Thursday; 5:00 p.m. to 12:00 M. - Friday and Saturday; 1:00 p.m. to 11:00 p.m. Sunday. Upon motion duly made and seconded, it was voted to grant addi- tional hours of operation to the Lexington Lodge of Elks #2204 and allow them to open 5:00 p.m. on Monday through Friday. Upon motion duly made and seconded, it was voted to request the approval of the Alcoholic Beverages Control Commission for a new Mana- ger of the Elks Lodge #2204, Mr. Irving Kennedy. Chairman Kenney read a recommendation from Mr. McSweeney, Director of Public Works/Engineering that Mr. Mark Moore's request for a defer- ment of sewer betterment assessment against lot 62/117 on East Street be granted. The report states that the lot is a rectangular lot measuring 42 ft. wide by approximately 840 ft. deep, which was apparently an access to the old farm land now known as Saddle Club Road or Oak Park Subdivision. It is a non -conforming lot which abuts the large field on 279 Water Garfield Street Contract 73-5-E Sewer & Storm Drs. Contract 76-6-E St. & Sdwk Elks Club Liquor License Sewer Betterment Deferment Todd Real. East St. 280 Executive Session Selectmen's Meeting October 15, 1973 East Street between Grant Street and Maureen Road, with a betterment in the amount of $283.99. It is conceivable that this lot could be combined with abutting vacant land and developed into house lots in, the future, and it is our recommendation that the betterment be de- ferred rather than abated. 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 assessment against property owned by Todd Realty, Inc. located on Lot 117, Assessors' Map 62, East 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 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 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, financial interests of the Town or the reputation of a person. After discussion of matters of Townwide interest, 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: Executive Clerk, Selectme 1 SELECTMEN'S MEETING October 23, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, October 23, 1973, at 7:301p.m. Chairman Kenney, Messrs. Bailey and Busa, Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Execu- tive Clerk, were present. At the request of the Town Clerk, six jurors were drawn as follows: Anna E. Mallett Helen G. Amiro Henry A. Wein Margery T. Deveney Vaughn K. Bogosian Julian Shoemaker 21 Emerson Gardens 905A Massachusetts Ave. 6 Burroughs Road 64 Woburn Street 252 Worthen Road 18 Dexter Road Mrl. O'Connell discussed the conservation of energy and recommended that a plan be developed in the event of homeowners running out of fuel; assuming that there is no other source to which they may turn, it is likely they will turn to the Town. All Town departments should be re- questedl to take steps to cut down on energy consumption. The Board agreed that Mr. O'Connell is to keep the Board informed of futu 'e developments. Mrt Robert Tarlin, Bicentennial Director of Planning and Opera- tions, briefed the Board members regarding the upcoming meeting on October for the such as 25 with the military at Hanscom Field. The tentative program weekend of April 19, 1975 is to be presented, and problem areas, crowd control, will be discussed. Dr} Paul Dratch, 2 Maureen Road, met with the Board to request a drain connection to a Town -owned drain, as shown on his plan. Chairman Kenney read a report from Mr. McSweeney stating that the plan calls for a proposed catch basin in the rear yard at No. 2 Maureen Road, then runs through a 10" concrete pipe in a proposed easement across the property at No. 4 Maureen Road to the existing Town -owned 24" drain in an easement between No. 4 and No. 6 Maureen Road. The proposed solution should be considered marginal at best and contains several undesirable engineering factors; however, there are no entirely acceptable alternatives to the problems. The factors alluded to are: (1) Absolute minimum amount of cover over the pipe; (2) Slope limited to lesslthan self-cleaning velocity; (3) Entrance to existing system less than 90° angle; (4) Invert of proposed pipe enters lower than high water flow line. It is our recommendation that permission be granted for thi$ connection subject to conditions/ Jurors Energy Crisis Bicenten- nial Hanscom Field Dr. Dratch Drain 282 Selectmen's Meeting October 23, 1973 1. That the contractor be licensed by the Town of Lexington as a sewer and drain layer. 2. That the easement be acquired prior to beginning construction. 3. That the applicant is aware, and has been informed_by the Selectmen, that this is a marginal solution and regular maintenance by the applicant may be. necessary because of the engineering factors involved. 4. No gutter downspouts, foundation drains or other building drains can be connected to this system. 5. The owner, in writing, shall indemnify and save harmless the Town of Lexington in the event of a surcharge in the Town - owned 24" drain. After discussion, the Board accepted Mr. McSweeney's recommendations. Upon motion duly made and seconded, it was voted to approve the re- quest of Dr. Paul Dratch for a drain connection, at his expense, accord- ing to a plan submitted for a catch basin in the rear yard of No. 2 Maureen Road, thence running through a 10" concrete pipe in a proposed easement across the property at No. 4 Maureen Road to the existing Town - owned 24" drain in an easement between No. 4 and No. 6 Maureen Road. Dr. Dratch agreed to submit the indemnification and a copy of the easement to the Engineering Department in order to expedite the imple- mentation of the project. Also, to install the drain in accordance with the conditions outlined above. Chairman Kenney informed the Board that a check for $4,000 has been received from Mr. Edward E. Domings for Lots 166-167 on Valleyfield Street. Under Citizen's Article 77 of the 1971 Annual Town Meeting, it was voted to remove the restriction subject to payment set by the Domings Selectmen. Mr. Domings must apply to the Building Inspector for a Valleyfield building permit and then go before the Hatch Act hearing. If he is Lots denied, we would return the $4,000. The Board agreed. Upon motion duly made and seconded, it was voted to accept from Edward E. Domings a certified check in the amount of $4,000, payable to the Town of Lexington, to be held in escrow by the Town Treasurer pending the issue of a building permit for Lots 166-167, inclusive, on Valleyfield Street and, upon issue of such building permit, to release Lots 166-167, inclusive, on Valleyfield Street from the re- strictions imposed in a certain deed from the Town to Edward E. Domings and Mary L. Domings conveying Lots 166-167 on Valleyfield Street, which deed is dated April 17, 1968 and recorded in Middlesex South District Registry of Deeds, Book 11493, Page 147. 1 1 1 Selectmen's Meeting October 23, 1973 Chairman Kenney read a request from Mr. McSweeney for abatement of the sewer betterment assessment on Lot 75/23 'owned by Jerry and Maxine W isserman, 11 Winthrop Road, in the amount of $1105.15, as they had been assessed previously for Adams Street. Upon motion duly made and seconded, it was voted to abate the sewer betterment assessment on Lot 75/23 owned by Jerry and Maxine Wasserman, 11 Winthrop Road, in the amount of $1105.15 For: the information of the Board, Chairman Kenney read a letter, from the State Department of Public Works stating that the Chapter 90',. assignme it of June 6, 1973, for the improvement of roads in the Town of Lexington under Section 34, Chapter 90 of the G.L. has been divided as follows: Lexington State For Improvement Project For Construction Project For Future Chapter 81 Projects $ 2,000 45,686 None $47,686 Chairman Kenney informed the Board that an application has been receivedfrom LeBellecour, Inc., 10-12 Muzzey Street,' for a Common Victualler's license. Upon motion duly made and seconded, it was voted to sign the Common Victualler's license for LeBellecour, Inc., subject to final inspection by the Board of Health. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on June 4, 1973. Chairman Kenney read a recommendation from the Traffic Safety Committed in reply to a letter from Mr. Volante concerning a hazard- ous traffic situation at the intersection of Lillian Road and Lowell Street, Stating that after investigation of the location and owner- ship of -the bushes at 90 Lowell Street, it has been determined that they are within the right-of-way and are owned by the Town. It is, therefore, our recommendation that the Public Works Department be instructed to remove said bushes for safety reasons. Chairman Kenney: I believe that if this situation is taken care', of, the Warrant for a stop sign, as requested by Mr. Volante, will no', longer'a Ply? Mr.:Martin, Assistant Town Engineer: I believe that is correct.''. Upon motion duly made and seconded, it was voted to instruct the tree waren to make arrangements to remove the bushes on the Town right-of-way at 90 Lowell Street. 2b3 Wasserman Sewer Chapter 90 Common Victualler's License LeBellecour Minutes Lillian Rd. Lowell St. Volante 284 Bedford St. Eldred St. Selectmen's Meeting October 23, 1973 Mr. McSweeney is to advise Mr. Volante of this decision; also to contact the owner of the property located at 90 Lowell Street. Chairman Kenney read a recommendation from the Traffic Safety Com- mittee to reduce the mandatory Right Turn at the intersection of Eldred Street and Bedford Street from 7 days to 5 days a week. Upon motion duly made and seconded, it was voted to instruct Mr. McSweeney to contact the State Department of Public Works regarding the implementation of a mandatory Right Turn at the intersection of Eldred Street and Bedford Street on Monday through Friday. Chairman Kenney read a request from Mr. and Mrs. Joseph Medas for a deferment of a sewer betterment assessment on Lot 12/5A Spring Street. A report from Mr. McSweeney was read stating that the order asseds- ing betterments was filed in the Registry of Deeds on May 28, 1971 and Medas committed on September 10, 1973 in the amount of $614.15. The sewer Sewer is available and unless severe hardship exists, we recommend that the Assessment betterment be paid. Upon motion duly made and seconded, it was voted to deny the re- quest of Mr. and Mrs. Joseph Medas, 192 Spring Street, for a deferment of sewer betterment assessment in the amount of $614.15 on Lot 12/5A Spring Street. Chairman Kenney informed the Board that a letter has been received from the Lexington Golf Club requesting deferment of sewer betterment assessments as this betterment does not serve the existing facilities and will not be used until such a time when homes are built along the street line or until the property is subdivided for dwelling purposes. A report from Mr. McSweeney states that this request is for defer- ment of a sewer betterment which was committed September 10, 1973 in the Lexington amount of $3,061.68. This is the third sewer betterment to be assessed Golf Club against the Golf Club. The first sewer betterment was assessed on Sewer November 30, 1953 and was in the amount of $2,682.16. On December 15, Betterments 1953, $372.94 of this amount was paid and the balance of $2,309.22 was deferred for three years. On March 22, 1957, another payment in the amount of $909.22 was made and the remaining balance of $1,400.00 was again deferred for three years. We can find no record of this better- ment ever being deferred after 1960 when the last known deferment expired. The second betterment was committed July 27, 1970 in the amount of $1,331.41. This figure was deferred by the Board of Selectmen on December 14, 1970 and this deferment expires December 13, 1973. Our records also indicate that the Club has three separate services that are connected; two for the Clubhouse and one for the equipment and tool shed. The betterments are summarized as follows: Total amount assessed' Total amount paid Total amount outstanding $7,075.25 1,282.16 5,793.09 c CD dV Selectmen's Meeting October 23, 1973 It is our feeling that unless there is considerable financial hard- ship imposed by payments extended over the 20 -year period, or if no possible increase in land value can be derived, the betterment should be paid';. In this case, the availability of sewer definitely increases the land value and is a betterment to the property. UpOn motion duly made and seconded, it was voted to inform the Lexingtpn Golf Club that $1,400.00 is due from a deferment which ex- pired iii 1960; also, deferment of $1,331.41 expires in December, 1973 and the Board will consider action on it at that time. Chairman Kenney read a report from Mr. McSweeney regarding a letter received from Mr. and Mrs. John McCarey, 357 Lincoln Street, concerning sewerage, drainage and traffic conditions in the area. McCarey The Board agreed to accept the recommendations contained in the Lincoln report and to inform Mr. and Mrs. McCarey that sewerage for Lincoln Street Street between'IBarrymeade Drive and Middle Street, which will include their home, is presently under design and the contract will be let in the Spring. Drain construction will be considered for inclusion in the 1975 FY budget. As a reSult of a citizen's petition, consideration will be given to in- clude in the budget the construction of a sidewalk on Lincoln Street from Middle Street to Marrett Road. ThoBoard discussed and took under advisement a request from resi- Fire dents of Fletcher Avenue to discontinue the blowing of the fire horn, Horn located on the Cary Memorial Building, at 7:00 a.m. Thele Board discussed a letter received from Dr. Celia Schulhoff, teacher',, at the High School, recommending that changes be made in the setup of the new parking regulations at the parking lot; the faculty High of Unit A finds it most inconvenient as it necessitates additional School walking and difficulty in transporting equipment from cars. Parking The Board agreed to inform Dr. Schulhoff that it is the recom- Lot mendatibn of the Traffic Safety Committee, and the Board concurs, to allow al period of time to determine the effectiveness of the regula- tions. I If experience then indicates that some changes would be advisable, and if the School Committee so requests, the Board would reconsider the situation. Ch.irman Kenney read a letter from Mrs. Clarke, Chairman of the Lexingtpn Commission on Suburban Responsibility, requesting that the Selectmen take immediate action by writing to Rep. Cole and Senator H6661 Bartley urging them to support H6661, which authorizes local Housing Turnkey Authorities to make use of turnkey procedures on non -federally aided Housing projectls. Housing can be made available to low income families and the situation would be greatly enhanced if the Authority is free to negotiate for construction under turnkey procedures rather than having to go through the competitive bidding process. Thus, we have a special interest in seeing the turnkey option made available. 286 Selectmen's Meeting October 23, 1973 Mr. Busa: Regarding scattered sites, we feel that without federal aid we areproposing to put it in minus land costs, and the Housing Authority can borrow money at a lower rate of interest. This would create a rent that a person of moderate income could afford. Lexing- ton doesn't have rental property for low income people and if.we can do it, all we will have will be construction costs, and all we would have to do is abate the mortgage. Mr. O'Connell: I would be concerned about a Housing Authority that didn't have the technical confidence to do the negotiations. This bill says '.'non -federally" aided; there are completely new federal regulations coming out and the thrust is that there would be, in all probability, some kind of provision for housing for the elderly, and whatever we would do would have to be compatible with that policy. Mr. Kenney: I agree. Now, they are looking for our help in get- ting this bill out of Ways and Means. A letter is to be written to Rep. Cole and Speaker Bartley urging their support of H6661 regarding turnkey procedures only; the Board takes no position on other provisions of the bill. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters, which if made public, might -adversely affect the public Session security, the financial interests of the Town of the reputation of a person. After discussion of matters concerning a license and Town Govern- ment, it was votedto go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m. A true record, Attest: Executive Clerk, Selectmen 2 10 t SELECTMEN'S MEETING October 29, 1973 A', regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, October 29, 1973, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riffin, Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present, also, Mr. McSweeney, Director of Public Works/Engineering. Hearing was opened on the petition of the New England Telephone Company for the installation of conduit on Massachusetts Avenue, Plea- sant Street, Fern Street and Watertown Street. Notices of the hearing were sent to the abutters as shown on a plan submitted by the petitioner, and also filed with the Director of Public', Works. Chairman Kenney read a report from Mr. Coscia stating that the previous request of the petitioner was taken under advisement pending a further review of updated plans showing the relationship between the proposed conduit and the existing trees. All excavation at or near the existing trees is done under the supervision of the Tree Warden, as noted on all permits issued by the Department of Public Works. As previoisly stated, the location is satisfactory and this department recommends that the New England Telephone Company be granted permis- sion to install said conduit. Permit will state that resident drive- ways and driveways leading onto Wilson Farms, Inc. will bekept open as much as the installation of the conduit will allow. Conduit M. Robert Dunn, representing the New England Telephone Company, Pleasant was present and explained that the cables in the area are 80 percent Street filled!Mand we will install the underground conduit for better service. At least one of the overhead cables will be coming down within the year. Chairman Kenney: There are no trees to be cut? Mr. Dunn: No; the tree warden will work with us. We plan to start .in the spring, and it will be a job that will take about two months. Chairman Kenney: It is Understood that the residents will have access! to their driveways. M '. Dunn: Yes. Chairman renney: Is anyone present in favor of this petition? Nb one was present. Chairman Kenney: Is anyone present in opposition to this petition? M. Robert F. Goudreau, 61 Pleasant Street: My house is next to Mason Street and I would like to know if it will run in the middle of the street? M. Dunn: No, it will be in the sidewalk on the Wilson Farm side and will cross over before Mason Street. The end of the job is at Watertown Street. Nr. Goudreau had no objection. 288. Selectmen's Meeting October 29, 1973 Miss Anne Donovan and Miss Geraldine Mendes: We have recently bought Lot 58 opposite Pleasant Street and would like to know where you are going to cross over. Mr. Dunn: It crosses at Luongo's. Miss Mendes: Would it be possible to put a sewerage.line in the same trench? Chairman Kenney: No. They go at different elevations and depths, and they are unrelated. Chairman Kenney: Is there anyone present who wishes to be recorded in opposition? Hearing no one, Chairman Kenney 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 installa- tion of conduit, subject to the restrictions (1) All excavation at or near the existing trees is to be done under the supervision of the tree warden, (2) Residents.are to have access to their driveways and driveways leading into Wilson Farms, Inc. are to be kept open as much as the installation of the conduit will allow: Massachusetts Avenue: Easterly, from Pleasant Street, approxi- mately 38 feet of underground conduit; also enlarging one manhole 54/30. Pleasant Street: Fern Street: Watertown Street: Westerly from Massachusetts Avenue, ap- proximately 2719 feet of underground conduit; also three manholes 54/140, 54/141 and 54/142. Northwesterly, from Pleasant Street, ap- proximately 154 feet of underground cont duit to pole 31/2. Southerly from Pleasant Street, approxi- mately 152 feet of underground conduit to pole 109/2. Chairman Kenney read a report from Mr..Coscia, for the Director of Conduit Public Works, recommending that permission be granted to the Boston Maple St. Edison Company to install conduit in Emerson Road for the purpose of Emerson supplying electrical service to Emerson Gardens Realty Corporation Road Development. Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company to install conduit at the following location: Maple Street: At and northeast of Emerson Road, a distance of about 30 feet - Conduit. 289 Selectmen's Meeting October 29, 1973 Mr. O'Connell discussed the proposal of the Educational Service Pro- gram for the installation of its By -Word system on the Battle Green, Buckman, Tavern, and the Visitors' Center. He had talked with the Chamber of Commerce and they felt that although it is a good project, it is not a suitable one for the Chamber to be engaged in as it involves public propert'. The Historical Society has only endorsed the project. There is a serious question of the Town being willing to enter into.a royalty Educe - agreement with such a high base of $100,000 since, to achieve it, tour- tional ist volume would have to increase by a multiple of 3 to 5 times our Service current experience... They want the first 99 percent, and to reserve the Battle right inthe contract of no liability. Green Mrl. Brown: I have been in contact with Smithsonian and they are enthusiastic about it and have signed another 10 -year contract. I would suggest that you talk with Educational Service and get an evalua- tion of what we can do and what they would be willing to do. Chairman Kenney: Is it the feeling of the Board to pursue it for a more favorable contract? The Board agreed, and requested Mr. O'Connell to pursue the matter. Mr. O'Connell discussed House Bill 1086 - to make binding arbitra- H1086 tion a part of municipal collective bargaining. Governor Sargent has Binding sent it, back to the Legislature for an amendment. Arbitra- The Board agreed to endorse Governor Sargent's position regarding tion H1086. At 7:45 p.m., hearing was declared open upon the application of Arlex Oil Corp., 275 Massachusetts Avenue, for permission to install three additional 20,000 gallon underground storage tanks to contain No. 2 fuel oil. These tanks would supplement existing four 10,000 gallon and two 20,000 gallon tanks. A notice of the hearing was published in the October 18, 1973 issue of the Lexington Minute -man and the petitioner sent notices by registered mail to all abutters, as listed on the Assessors' records. Arlex Oil Mrs John Maloney and Mr. David Eagel, representing Arlex Oil Hearing Corp., were present. Chairman Kenney: The application has been approved by Acting Chief Henri P. Fradette of the Fire Department. A report from Mr. Irwin, Building Inspector, states that the proposed location of the three new tanks would be parallel to and approximately 35 feet from the rear lot line, which is the railroad right-of-way. The three new tanks would, increase their storage capacity for what'they feel may be a crucial period ahead for #2 household heating oil. The installation and inspection would be handled by the Lexington Fire Department. The Arlex Oil Corp. is located in one of our CB business zones and has been at this', location for well over 30 years. I see no reason why their application, should not be approved. 290 Selectmen's Meeting October 29, 1973 Mr. O'Connell: My recommendation is that they should be vaulted, but not separately, so there would be some protection in the event that one or more tanks leaked. Mr. Eagle: The tanks will be 5 feet below the railroad and would be below grade, and if there -is a leak in the tank it would be well below. Mr. O'Connell: In the event of a leak, would it be confined to your property? Mr. Eagle; Yes. Mr. Brown: The new tanks would be much lower; if they leak, it will go into Mill Brook. Mr. Eagle: It would take quite a bit. Chairman Kenney: Would vaulting the tanks help you? Mr. Maloney: I don't see that vaulting would do thatmuCh. We will have to remodel our yard as the other tanks would have to be taken up. We would know it immediately if one of the tanks was leaking. Mr. Brown: Isn't it true that the advantage of vaulting is if the tank leaks, you can pump out the vault because everything is captured? Mr. Busa: I understand the concern but history shows that gas stations and other fuel companies that have not vaulted their tanks, the tanks last for 15 to 20 years. If there is a leak, Mr. Maloney would repair and excavate the tanks. With the shortage today; there is the possibility they would only be storing 60,000 gallons of oil. I think we should go forward with Arlex. Chairman Kenney: How often do you mbnitor the tanks? Mr. Maloney: Every day; if there was a leak, we would pump it out immediately. We have a trailer rig and we can pump into it at a moment's notice. Mr. Eagle: Trailers pull in every day and we would know every day if we do have a shortage. No one appearing in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to grant per- mission and to authorize the Chairman to sign the license to Ariex Oil Corp. for the installation of three additional 20,000 gallon tanks for the storage of No. 2 fuel oil on the premises at 275 Massa- chusetts Avenue; subject to the stipulation that the tanks are to be installed 5 feet below grade. At 8:00 p.m., hearing was declared open upon application of Bora-Bora, Inc., 177 Massachusetts Avenue, for an All Alcoholic Bora-Bora, Beverages Common Victualler license. Liquor Notice of the hearing was advertised in the October 11, 1973 Hearing issue of the Lexington Minute -man.. Notices of the hearing were sent by the petitioner, by registered mail, to all abutters, as listed on the Assessors' records. Attorneys Joseph Alcorn and William Dailey, representing the ap- plicant, were present. 1 1 291 Selectmen's Meeting October 29, 1973 Chairman Kenney read a report from the Building Inspector as follows: An inspection was made October 15, 1973 with Robert Heustis, Director of Public Health. The seating capacity with the proposed ar- rangement, which would call for the installation of a small service bar, which would eliminate two booths, would be 104 on the first floor. At present, the area labeled Function Room in the basement is not being capacity for approximately 40 more for both the first floor and basement lights have been installed. This de - meet the requirements for the use as such, but would offer seating persons. Two exits are provided areas. Exit signs and emergency partment finds that the premises proposed. A report from the Director of Public Health states that an inspec- tion was made on October 15, 1973 to determine compliance with the provisions of Article X, State Sanitary Code. The inspection indicated that the Bora-Bora is in substantial compliance with the provisions of Article X. The plans were reviewed by Mr. Irwin and myself with re- Spect to existing layout and equipment. The service bar shown on the plans is not installed. It was our understanding if a liquor license was granted a service bar would be installed with a three -compartment sink, an automatic glass washer and a refrigerator. All equipment to meet the standards of the National Sanitation Foundation Laboratory. A report from Acting Fire Chief Fradette states that a re inspection of the premises at Bora-Bora was made on October 17, 1973. We find that the applicant has met all alterations for fire safety that had been requested by this department.' Chairman Kenney: You don't plan to install a service bar down- stairs? Mr. Dailey: If the need arose, we probably would. The Board discussed a plan of the establishment and Mr. Daily ex- plained xplained the seating arrangement, etc. Mr. Buse: I think that the license should be granted only for the first floor and no liquor should be served in the downstairs function room. The Board agreed. Chairman Kenney: The hours granted under their Common Victualler license are for closing at 11:30 p.m. I would recommend closing at 11:00 p.m. if the license is granted. Mr. Dailey: That would be agreeable. Chairman Kenney: The serving of food and liquor should coincide. Mr. Dailey: During the week, they close around 11:00 and we would request that the food and liquor license be for 11:00 p.m. Over the weekends, they have been serving until 11:30 p.m. I don't think that closing at 11:00 would cause a problem. Chairman Kenney: I checked with the Police regarding the opera- tion, and Chief Corr reported there have been no'problems whatsoever. Chairman Kenney read a letter from -Hubert F. Gordon, 30 Barberry Road recommending that Bora-Bora be granted a liquor lincese. Chairman Kenney asked if anyone was present in favor of the appli- cation. Mr. James Cataldo: It is a fine restaurant and a credit to the community; I see no reason why they shouldn't have a license. 292 Selectmen's Meeting October 29, 1973 Mr. Sullivan, 166. Massachusetts Avenue: Point of information the license was voted down the last time; 6 months ago,is there any certain time limitit can be brought up again? ' Chairman Kenney: No time limit. Mr. Brown: The record should show that it was not voted down, it Was not granted. Mr. Sullivan: We went to a lot of trouble before this and I don't think you should take a chance; a lot of people don't live next door to it. Chairman Kenney: Do you have any trouble? Mr. Sullivan: The last four months, no. I believe the license should be voted down again. Mr. Dailey: I would like to submit petitions in support of the application and there are approximately 400 names on them. Chairman Kenney: If granted a license, how soon would they ex- pect to go into operation? Mr. Dailey: They would like to be ready for the holiday season. Also, we would request that the Board consider an adjustment on the fee. Mr. Bailey: It would be half the fee (2500) for 6 months or less. Mr. Dailey: That would be fine. Mr. Busa: I recommend that no alcoholic beverages be served in the lower hall. Upon motion duly made and seconded, it was voted to approve the request of Bora-Bora, Inc. and to sign the All Alcoholic Beverages Common Victualler license for the premises at 177 Massachusetts Avenue, expiring December 31, 1973, at a fee of $1,250 for the remainder of the year. Hours of operation are to be from 11:30 a.m. to 11:00 p.m., with the understanding that no alcoholic beverages are to be served in the function room. This license is granted subject to the approval of the Alcoholic Beverages Control Commission. Mr. John Ingraham, 35 Hayes Lane, met with the Board to present a flag, and request that the Board accept it as a gift from Mrs. Hoffman in memory of her husband, Col. Herman Hoffman, former resident of Flag Lexington. Upon motion duly made and seconded, it was voted to accept the flag and to instruct the Director of Public Works to make arrangements to have it flown on the Green in memory of Col. Herman Hoffman. Mr. Cohen informed the Board that an application will be -made to Lexington Secretary Davoren for approval of an incorporation under the name of Bicentennial Lexington Bicentennial Corporation. Mr. Mancini has given me the list Corporation of names and has asked that it be reviewed with the Board. The appli- cants are: Alfred S. Busa, Cornelius P. Cronin, John W. Maloney, Anthony L. Mancini, Richard A. Michelson, Stephen M. Politi, and Selectmen's Meeting October 29, 1973 Robert E. Reynolds. It shall be the purpose of the Lexington Bicenten- nial Corporation to plan for and arrange for the printing, minting., promotion, and sale of Bicentennial Commemorative Medallions, Official Program Booklets, Souvenir items, and other articles that may be asso- ciated with or 'related to a Bicentennial Celebration to commemorate the 200th anniversary of the battle between citizens of Lexington and British troops and to inspire the development of the Bicentennial cele- bration in the Town of Lexington Mr. Busa: We will meet tomorrow for the first official meeting. Some of the money will be allocated for some sort of a memorial in the Lexington Room (library). The Board had no objection to the application being made, and Mr. Cohen agreed to so inform Mr. Mancini. Chairman Kenney read a letter from Mr. Thomas Meaney stating that he had collected money for the Crocker family that had peen killed in an airplane accident, and he would request that the Town accept the gift of a tree to be planted on Town property in memory` of the Crockers. Mr. Brown: I would hope there could be a record, parhaps in Cary Library, of a'statement about the Crocker family. So often there are plaques on trees and, after 50 years, people don't know who they are. Upon motion duly made and seconded, it was voted to 4ccept the gift of a tree, to be planted on the Battle Green with a 41aque in Buckman Tavern, in memory of the Millerd Chandler Crocker„ 2nd, family. Mrs. Riffin: I would recommend that.a statement be m.de at Town Meeting concerning the family and acknowledging the gift. The Board agreed to request Town Meeting Moderator to read a resolution according to the vote of the Board. Chairman Kenney read a letter from Mr. Richard M. Perr, Chairman of the committee appointed by the Moderator, under the prov.sions of Article 84 of the 1973 Annual Town Meeting, to submit a recgmmerldatiori to the Board regarding a change in Town Meeting date. The recoriLinenda� tion of the committee is that the start of business sessions of ((,the annual meeting of the Town be set for four weeks after Town giedtion, rather than the two week interval now used. Chairman Kenney: Election day is March 4 and the opening OF Town meeting would be April 1. This date would be helpful to the,ope{ating departments. The Board and Mr. O'Connell agreed, but to vote the change in date for the 1974 Annual Town Meeting only. . Upon motion duly made and seconded, it was voted to accept t?e mendation of the committee under Article 84 of the 1973 Annual Tof then the start of business sessions of the 1974 Annual Town Mpetiig for four weeks after the Town Election Day rather than the two weak val now used. 293 Tree Crocker Family Change in Opening Date of Town Meeting recom- Meeting beset inter- 294 Selectmen's Meeting October 29, 1973 Chairman Kenney read a letter from the Housing Authority that in Housing accordance with the provisions of Section 11 of Chapter 41 of the G.L. Authority the resignation of Mr. Temple E. Scanlon from the Lexington Housing Resignation Authority was accepted effective 10:00 p.m. on Thursday, October 25, 1973. His term of office was to expire in March, 1975. Proper notice has been given to the Town Clerk. Mr: Cohen agreed to advise the Board at the next meeting as to the proper procedure to be followed for the appointment of a new member. Town Report Chairman Kenney informed the Board that it is the. recommendation Committee of Mr. Zehner to appoint Rev. Harold Handley a member of the Town Appt. Report Committee. Upon motion duly made and seconded, it was voted to appoint Rev. Harold Handley a member of the Town Repott Committee, effective immediately. Chairman Kenney read a report from Chief Corr regarding radar Traffic being set up on Lincoln Street and Middle Street, as requested by Lincoln & the Board, stating that after observations on three occasions, no Middle Sts. speeders were apprehended; also, traffic was very light. ' The Board agreed to so inform the residents if further complaints are received. Creche Rev. R. Reinhold Abele, Messrs. Robert Cataldo, Frank Michelman, Luigi R. DiNapoli, Joseph A. Busa, and John F. Lahiff of Council. 94, Knights of Columbus; John E. Airey, Irving A. Rich, Stephen G. McConnell, Laurence A. Larssen of Simon W. Robinson Lodge A.F. & A.M. and residents met with the Board to discuss the creche on the Battle Green. Chairman Kenney: This is not a hearing. The Board has invited several residents of the Town and representatives of the Knights of Columbus and the Simon W. Robinson Lodge to meet with us to discuss the creche. We have requested the Town Manager to research it and we will now hear his report. Mr. O'Connell: Based on information from many long-time resi- dents of Lexington, the nativity scene on the Green goes back 40 or 50 years. We were able to pick it up again in the post World War II period when the Rotary Club was responsible for setting it up and storing it. Then, the responsibility shifted to the Chamber of Com- merce, and the Department of Public Works provided assistance. The part of the job done by the Town increased as there was no available storage space, and the Town took over by storing the creche. There was a fund drive in 1952, headed by Mrs. Dorothy Colby Johnson, for money to restore the creche; she was Chairman of a Committee formed to "Keep Christ in Christmas" to counteract a feeling at that time that the season was getting too commercial. During the mid -50's, with the 1 Selectmen's Meeting October 29, 1973 creche display still being sponsored by the Chamber of Commerce, the loca- tion was changed to Emery Park but because of negative reaction, it was moved back on the Green. It appears from all the information we have re- ceived that the creche on the Green was started by a volunteer -group of citizens not affiliated with any church organization. There was voluntary labor to build the present stable and to replace some of the figures which had been stolen. In recent years, the Department of Public Works took over the responsibility for storing and setting up the creche. Chairman Kenney: I would like to read a letter, dated October 9, 1973 which was received by the Board from Mr. Luigi R. DiNapoli, Chan- cellor, Knights of Columbus, Council #94: "After reading the Minute -Man and the letters to the editor for the past several months regarding the Creche on the Lexington Green, I am writing to you and your Board with the following observations and suggestion for your consideration. In these trying days in American History, when hate and mistrust seem to be so extremely prevalent, the one thing that Americans need now more than ever, is brotherhood and tolerance. I have met with the Grand Knight, Council #94 Knights of.Columbus, and have permission to ask you and your board to.consider, the Knights of Columbus, to assume all responsibility for the.Creche and all ensuing cost. The Knights of Columbus would like to make this proposal as a joint venture with the Simond W. Robinson Masonic Lodge in order to show that the creche is symbolic of brotherhood and "Peace on Earth, Goodwill to Man. 11 The Knights of Columbus, Council #94, have joined hands on several occasions in the past with the Simond W. Robinson Lodge to help the needy, the aged.and those less fortunate than us. However, as of this letter, the Simond W. Robinson Lodge, has not made a definite commitment. The Knights of Columbus, on the other hand, is making this letter a definite proposal to the Board of Selectmen. In conclusion, I beg you Mr.. Kenney and the Board of Selectmen, not to instigate further dissension among the people of our Town, and allow us, the Knights of Columbus Council #94, to assume all cost and respon- sibility pertaining to a symbol of hope, charity, and brotherhood." A subsequent letter, dated October 25, 1973, from Mr. DiNapoli is as follows: "Pursuant to my previous letter of October 9, 1973 requesting con- sideration for the Knights of Columbus Council #94 and the Simon W. Robinson Masonic Lodge be granted custodians of the Creche, I am writing again seeking permission to annully erect the creche on the Lexington Green. The Knights of Columbus Council #94 voted unanimously at its last meeting to except jointly with the Simon W. Robinson Masonic Lodge, all cost incurred to display this symbol of "Peach on Earth, Good Will Towards Man." 62 95 29i Selectmen's Meeting October 29, 1973 Chairman Kenney: It seems to me that the Selectmen have the follow- ing choices: 1. To do nothing. 2. To accept the petition submitted by Rev. Abele, and signed by the Clergymen of_Lexington, "We respectfully request that the figures and scene of the family which is holy to Christians alone, and which is at present displayed on the Town property during a season of the year which is holy to Christians alone, be placed this year and in subsequent years, on property which is owned and managed by a Christian congregation, specifically, the lawn of Hancock Church, approximately 100 yards from where it is now displayed on Town property and where it wi11 be as readily available for viewing by all those who would like to see it. In our opinion, such a change would soon, if not immediately, reduce a minor tension within the community between citizens and groups. Hancock Church has agreed to act as host to that scene during its customary time of public display." 3. To accept the approach submitted by the Knights of Columbus. Mr. Brown: I move to grant permission to the Knights of Columbus, Lexington Council No. 94, acting alone or in concert with the Simon W. Robinson Lodge, A.F. & A.M., to display the creche on the Green during the annual Christmas season, with the following understanding: 1. That they assume the responsibility for the erection, care, removal and storage of the creche. 2. That they install a plaque indicating that the display is privately sponsored and identifying those sponsors. The motion was seconded by Mrs. Riffin. Chairman Kenney: The creche was displayed on the Green and it appeared that the Town, in a sense, was sponsoring it. I believe this is an expression appropriate to the Green. In the past we have allowed other beliefs on the Green in the form of a ceremony or religious ser- vice and, if we adopt Mr. Brown's motion, it would apply to other groups. I have now concluded that, in a sense, the Town had acquired the creche as no one else was ready to assume the responsibility. There was a constitutional question raised, as to whether we were, in a sense, sponsoring it. Mr. Brown's motion would remove the Town from the business of the creche. Mr. Cataldo: I can understand your feeling in accepting this motion, and I don't think anybody would have an objection to the motion, but I have a question that this is a responsibility I don't think any- body should take by that approach; it cannot be given to anybody without Town Meeting vote. Chairman Kenney: In answer, I am not convinced that it is Town property. I think we acquired it because of storage. Mr. Brown: There would be a plaque indicating that it is privately sponsored and would identify these sponsors. Mr. Cataldo: It should be in the record that it is still owned by the Town. 1 297 Selectmen's Meeting October 29, 1973 Chairman Kenney: In the event that the time should ever come that the K of C or the Masons say they are not interested any more, they would come back to us. Mr. Cataldo: Nothing wrong in saying the Town owns it - it is nothing to be ashamed of. If you go back into the record, you will see that the Town has accepted it. Chairman Kenney: We went back into the record and can't find it, it was the Chamber of Commerce. The questions of ownership seems to have been in replacing it. Mr. Michelman: I am in agreement with Mr. Cataldo regarding the general approach in Mr. Brown's motion as being an appropriate resolu- tion to the problem. It wouldn't be my expectation that all these people's feelings would be satisfied by this proposal, although it is an appropriate one. I do have a view contrary to Mr. Cataldo on the Creche. I wouldn't be inclined, myself, to make a big issue out of this but my own conclusion is, it would be desirable, if possible, to make it clear that the Town if it has been the owner of the Creche is no longer. My reason for this is that it is an appropriate solution to have it on the Green as the place to carry on appropriate activity. Although bound up with religion, -the policy ought to be one that citizens are,told you may have the use of this place to carry on expressive activity. The officials can move to grant permission to make use of the Green for this purpose. It is unfortunate in the fact that the Town is identified as the owner of the Creche. It seems to me to be the appropriate thing; it would minimize the Town's contact with it. Chairman Kenney: I agree with Mr. Brown's motion. As to the true owners of the Creche, I am not sure. Mr. DiNapoli: I am curious as to whether representatives of the Simon W. Robinson Lodge agree. Mr. John Airey, Master of the Lexington Lodge: I am in a bind as I haven't brought it to a vote. However, at our last meeting, there was a unanimous vote on the motion that was brought up regarding the Creche - there was an expression of sympathy towards the Creche and it was brought up that if it was not allowed on the Green, it could be placed on our lawn. I approve of the suggestion that was just made. I have three of our officers here who probably will be unanimously in favor of it. .Rev. Abele: When we raised the issue, we didn't raise it from owner- ship but of the Creche because of its placement, and the intent of our action was that the Town ought not to be identified on the Creche. It is appropriate for the Knights of Columbus and the Lodge, and that the property be assigned to them. I also agree with Mr. Michelman for the use of the Green for citizens who want to give voice to their own convic- tions. We want to encourage that as much as possible. There is a sense in putting a plaque acknowledging the appropriate kind of sponsorship, a fitting kind of sponsorship. There may be a question in some people's minds in that a majority of citizens of Lexington have a normal christian 298 Selectmen's Meeting October 29, 1973 attitude and there is no intent of any minority group to make use of the Green at this time. In our society, our construction is set up to encourage the minority and to protect the minority from the majority and placing of the Creche on the Green will continue to identify the Town, as a political entity, with a basically religious activity. An appropriate place for the Creche is on the lawn of a christian church and my feeling has not changed. The solution, as proposed, is a worthy compromise and there might be encouragement to minority groups for the use of the Green and, if that means erecting objects on the Green for 20 or 30 nights, that it should be clear that groups have the right to erect things on the Green. Given these conditions, I am in favor. Upon motion duly made and seconded, it was unanimously voted to grant permission to the Knights of Columbus, Lexington Council No. 94, acting alone or in concert with the Simon W. Robinson Lodge, A.F. & A.M. to display the creche on the Green during the -annual Christmas season, with the following understanding: 1. That they assume the responsibility for the erection, care, removal and storage of the Creche. 2. That they install a plaque indicating that the display is privately sponsored and identifying those sponsors. Upon motion duly made and seconded, it was voted to go into Exe- Executive cutive Session for the purpose of discussing, deliberating or voting Session on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of matters of personnel and matters of financial interest to the Town, it was voted to go out of Executive Session. A true record, Attest: Executive Clerk, Selectmen 1 SELECTMEN'S MEETING November 12, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November 12, 1973, at 7:30 p.m. Chairman Kenney, Mr. Bailey, Mr. Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk; were present. Messrs. Richard Michelson, Willard Frye, and Anthony Mancini of the Chamber of Commerce met with the Board to discuss the conservation of energy. Chairman Kenney: The Board has received telegrams from President Nixon informing us that officials at the federal level would be working by an executive order to conserve energy, and state and local govern- ment officials are asked to adopt similar methods. Mr. Michelson: The Chamber of Commerce is going to make an effort to conserve energy and it is not with pleasure that we announce that we will ndt display Christmas lights, which we have been very proud of. This would conserve a sizable amount of energy during December. Mr. Bailey: Will the Chamber of Commerce adopt a policy on the illumination of signs, etc.? Mr. Michelson: There will be a reduction in the use of lights. The Edison Company has blocked off all of their window lights and signs and, if they are affected, we all -ought to be pretty concerned. Mr. O'Connell: I have prepared an administrative directive which I propose to issue to all departments concerned, subject to'possible change when we learn the content of the Governor's message tomorrow. Mr. Brown: Is it in the will that Cary Hall can't be closed down? Mr. O'Connell: I believe it could be done with the approval of the Trustees; we will check into the will. The Christmas tree on the Green was discussed and it was agreed that the tree would be illuminated for a limited time each evening. The Board agreed to implement Mr. O'Connell's recommendations as follows: 1. All general Government buildings will be operated at 68° during the business day. The temperature setting during non -business hours will be reduced appropriately. The School Department is instituting a similar procedure with gymnasium temperatures being set several degrees lower than classrooms. 2. A transfer request will be forwarded in order to purchase storm windows for the new section of the Town Office Building. 305 Chamber of Commerce Energy Crisis 306 Selectmen's Meeting November 12, 1973 3. The temperature in Cary Building will be reduced to 550-600. Reservations will be restricted and a survey made to schedule committee meetings elsewhere. The Town Office Building could be used two nights a week, with as many committee meetings as possible. 4. We will review the street light control with Boston Edison. 5. Use of Town vehicles will be restricted to high priority functions. Rules applicable to travel outside of Lexington and business functions in personal or Town vehicles will be drawn up. Mr. O'Connell: Now is the time for the public to be made aware of curtailment and to conserve as much as possible. Chairman Kenney agreed and said that the principal reason for having the Chamber of Commerce meet with us was for publicity to let.the citi- zens know what General Government and the Chamber of Commerce will do to help the energy crisis. Members of the Chamber of Commerce retired from the meeting. Mr. O'Connell requested approval of the Board to add to Contract Contract 72-9-E an Extra Work Order in the amount of $600.00 for waterproofing 72-9-E the east and west walls of Cary Memorial Building. The contract was awarded on July 30, 1973 to F. DiCenzo and Sons, Inc. for cleaning, caulking and pointing the Cary Memorial Building, in the amount of $3,510.00. Upon motion duly made and seconded, it was voted to add Extra Work Order #1 to Contract 72-9-E in the amount of $600.00. At 8:00 p.m., Chairman Kenney opened the hearing to consider whether the Class 3 license under G.L. C. 140, section 58, issued to Carroll John P. Carroll Co., Inc., 31 Alien Street, Lexington, on January 8, Class III 1973 should be continued in full force and effect or revoked for fail- License ure to comply with G.L. C. 140, sections 57-69. This license is for buying of second hand 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. Chairman Kenney: This hearing is being held at the request of Attorney Joseph M. Cohen, 31 State Street, Boston, who is representing Thomas J. Costello, 36 Allen Street, and by letter dated June 25, 1973 to the Board of Selectmen state the following: "Said Thomas J. Costello calls upon the Board of Selectmen of the Town of Lexington to forthwith rescind the above described license on the grounds that it fails to qualify with G.L. Ch. 140 s. 59A in the following respects. 1 Selectmen's Meeting November 12, 1973 a. The licensed locus is less than 1,000 feet from the nearest edge of a highway on the primary highway system. b. The licensed locus is within 600 feet of a state highway. c. The licensed locus is within ordinary view of both a -town conser- vation area and a church, both of which are on the northeasterly side of the locus." Attorney Edward M. Ginsburg, One Boston Place, Boston, representing Mr. John P. Carroll, 31 Allen Street, Lexington was present. Chairman Kenney: Notice of the hearing was advertised in the November 1, 1973 issue of the Lexington Minute -man, and was sent by reg- istered mail to all abutters. The record will show that the Board of Appeals has specifically granted a permit for this use at that property. I asked both Attorneys to have any of the witnesses that they expect to testify to rise and be sworn in. All interested per"sons were then sworn to give testimony. A complete transcription of the public hearing was taken by Annette Nahigyan of Doris 0. Wong Associates, Certified Shorthand' Reporters, 31 Milk Street, Boston, as follows: Chairman Kenney. Mr. Cohen, the floor is yours, to present your case. Mr. Cohen. Thank you. Mr. Chairman, and other members of the Board, it is Mr. Costello's contention that the license that has now been conducted, which is a Class 3 license under General Laws, Chapter 140, Section 58, is in viola- tion of the requirements of General Laws, Chapter 140, Section 59A, in at least one respect and we believe in more than one respect. Now, first of all, for the record, I would like to read Chapter 140, Section 58, Class 3, calling to the attention of the Board that the license just read by the Chairman is by its own terms'a Class 3 license under General Laws, Chapter 140, Section 58. Class 3 license is defined as follows, under Section 58 of Chapter 140: "Any person whose principal business is the buying -of second-hand 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 vehicles parts, may be granted a motor vehicle junk license." I should now like to -read from a photocopy of the application for license that was filed by the licensee in renewal of which the present license was issued. And this application was filed in 1972; it was not re- peated in 1973. I assume that the Board has a copy of this license, which is entitled: Application for a license to buy, sell, exchange or assemble second-hand motor vehicles or parts thereof. Now, it contains questions and answers. Question number one is: "What is the name of the concern? 3Ori 30b Selectmen's Meeting November 12, 1973 Answer. John P. Carroll Co., Inc. Question. Business address of concern Answer. 31 Allen Street, Lexington. Question. Is the above concern an individual, co -partnership, asso- ciation or corporation? Answer. Corporation." Question number five. "if an association or a corporation, state full names and residential addresses of the principal officers." Answer. President, John P. Carroll; Secretary, Robert J. Carroll; Treasurer, Mary L. Carroll." Question number six. "Are you engaged principally in the business of buying, selling or exchanging motor vehicles?" Answer. Yes. Question. If so, is your principal business the sale of new motor vehicles? Answer. No. Question. Is your principal business the buying and selling of second hand motor vehicles? Answer. No. Question. Is your principal business that of a motor vehicle junk dealer? Answer. Yes." And then it goes on to describe, presumably the premises where it conducts its business as: One acre of land, located at 31 Allen Street, Lexington, Mass. And question number eight is: "Are you a recognized agent of a motor vehicle manufacturer?" The answer is "No." Question number nine: "Have you a signed contract, as required by Section 58, Class 1?" The answer is, "No." And question number ten: "Have you ever applied for a license to deal in second hand motor vehicles or parts thereof?" The answer is, "Yes." Question. If so, in what city or town? Answer. Lexington. Question. Did you receive a license? Answer. Yes. Question. For what year? Answer. 1972." An question number eleven: "Has any license issued to you in Massa- chusetts or any other state to deal in motor vehicles or parts thereof, ever been suspended or revoked?" And the answer is: "No." And this is signed: John P. Carroll, "duly authorized to represent the concern herein mentioned, residence: 31 Allen Street, Lexington, Mass." 1 309 Selectmen's Meeting November 12, 1973 Now, I would just simply like to call to the attention of this Board, for whatever it's worth, that the decision of the Board of Appeals issued last June granting this permit states, among other things; "The Board finds that permission to operate a salvage or junk yard is neither requested or granted." And I call to your attention the character of the license that was issued.as described in the statute and the description of_the business, the business principally engaged in by the applicant as a motor vehicle junk dealer. Now, I should like to read into the record General Laws, Chapter 140, Section 59A, so far as pertinent to this hearing. "No license shall be granted under Section 59 to a person within Class 3 as defined in Section 58 for a motor vehicle junk yard unless such junk yard," and that part of the statute which is pertinent starts with sub- section C which reads, is: "1. More than 1000 feet from the nearest edge of the. nearest highway on the interstate or primary system. 2. More than 600 feet from any other state highway. 3. More than 300 feet from any park, bathing beach, playground, school, church or cemetery, and is not within ordinary view therefrom. 4. Is screened from view either by natural objects or well constructed and properly maintained fences at least six feet high and in accordance with regulations as promulgated by the. Department of Public Works and as speci- fied on said license." Now particularly in reference to said Section 59A, subsection C, Clause 3, which prohibits the operation of the use less than 300 feet from any park, bathing beach, playground, school, church or„cemetery, and from being within ordinary view therefrom. I ask Mr. Costello to come up here. THOMAS J. COSTELLO, (Sworn) Direct Examination By Mr. Joseph Cohen: Q. Mr. Costello, your name and address? A Thomas J. Costello, 36 Allen Street, Lexington, Mass. Q How far is 36 Allen Street from 31 Allen Street? A. Across the road, across Allem Street. Q Whether or not you are the gentleman who has requested this hearing? A Yes, I am. 310 Selectmen's Meeting November 12, 1973 Q I show you this plan and ask you whether or not this plan is an accurate plan of the area in which 31 and 36 Allen Street are located? A Yes. Mr. Joseph M. Cohen. Do we have a pointer here? Mr. Brown. Would you like a pencil? Mr. Joseph M. Cohen. Fine, thank you. Q Now, can you point out on this plan just where the property at 31 Allen Street is located? Mr. Brown. Could you -- so we could see something? Mr. Joseph M. Cohen. I'm sorry. Q Why don't you step over here, Mr. Costello, to my right so that the Board can see this. Would you point out on this plan where the carroll property is? A In here. Q This large -- A This whole area in here, right. Q Can you point out where your house is on this plan? A Right here. Q Is there a church in the vicinity of 36 and 31 Allen Street? A Yes, there is.. Q What is the name of that church? A The Trinity Covenant Church. Q And is this the church over here? A Yes. Q With the cross on it? Mr. Bailey. Will you turn that around so we can see what Mr. Costello was pointing to? Mr. Joseph M. Cohen. Maybe we can -- Mr. Bailey. If you just hold it still and ask Mr. Costello to point. Q Mr. Costello, point out the location -of the church. A (The witness complies.) Mr. Joseph M. Cohen. It has that cross on it, Mr. Ginsburg. Q And whether or not in the past few days, you took photographs with a camera from the church? A Yes, I did. Q. Did you bring those photographs with you? A Yes, I did. 311' Selectmen's Meeting November 12, 1973 Q Would you take-those:photographs out, please? ,Can you -tell ius: .. on what date this photograph was taken? A Last Tuesday, the 6th. Q That was:.November 6, 1973? A Right. Q And I ask you whether the view shown on that photograph is a fair representation of the view that was seen from the church? A That's true, sir. Q And whether it shows the operation of the licensed use that has pre- viously been referred to, in that picture? A Yes, it does. Q That's a crane you recognize in the photograph? A Yes. Mr. Brown. Could we see the photograph? Mr. Joseph M. Cohen. I was about to show it first, I thought, to Mr. Ginsburg to see it, and then I will pass it around. Mr. Brown. Mr. Chairman, could I ask a question at this point? Chairman Kenney. Mr. Brown. Mr. Brown. I would like to know where this picture is taken from. It looks as if it were on the church steeple up high. Q Can you tell us where it was taken? A Yes, it was taken in a window in the church. Mr. Brown. How high? The Witness. Oh, probably 10, 12 feet high, something like that, off the ground. Chairman Kenney. How far in distance is it from the front door of the church to the place where the automobiles are cut up? You have your map there? The Witness. Maybe I can measure the distance out exactly. Is there a scale in here? Mr. Joseph M. Cohen. No, there isn't a scale in here., The Witness. I would say probably 800 feet. Mr. Brown. This was then taken with a telephoto lens? The Witness. With a camera I hired. Chairman Kenney. Does it have an unusual type of lens on it, sir? The Witness. Yes. Q Well, may I ask you, Mr. Costello, whether the objects that you viewed 1.that are shown in that particular picture are visible from the church? A Yes, they are. Mr. Brown. Could I ask the question whether you took the picture? The Witness. Yes. Q You stated that the objects shown in that photograph are visible from the church? 312 Selectmen's Meeting November 12, 1973 A Yes, they are. Q Incidentally, was that crane that is shown in the photograph visible from the parking lot in front of the church? A Yes. Q Do you have any other photographs? A Yes, I do. Chairman Kenney. Can we keep this and call it Exhibit No. 1, Mr. Cohen? Mr. Joseph M. Cohen. Yes. (Photograph is, marked Exhibit 1.) Mr. Brown. Could I ask one more question? Chairman Kenney. Mr. Brown. Mr. Brown. This last question makes me•ask another one. Can you only see the crane or can you also see the material on the ground? The Witness. You can see the material on the ground from the window, yes. Mr. Brown. But from the front of the church, you cannot? The Witness. From the front of the church at times. On this case here, I didn't notice in front of the church on the ground. I noticed the crane. I didn't notice the -- Q Did you notice the crane from the parking lot in front of the church? A Yes, yes. Q Can you tell us where this photograph was taken from, Mr. Costello? A The same area. were Mr. Ginsburg. I'm sorry, standing up in that -- Witness. Yes. Ginsburg. Witness. Ginsburg. Witness. The Mr. The Mr. The do you mean by the same area, that you -- window? Right. An what kind of a telescopical lens were you using? I am not that familiar. I hired a camera. I can't I hired it from Claus Gelott down here in give you the details on it. Cambridge. Mr. Ginsburg. Is that a special high-powered -- The Witness. I don't know what you mean by special. I'm no ex- pert on cameras. I asked for a camera, they figured this would do the job, and that's the one they gave me. Mr. Ginsburg. You figured that was the one that would do the job? Chairman Kenney. Could you show that to the Board? Exhibit No. 2. (Photograph is marked Exhibit 2.) Q Can you tell me where this picture here was taken from? A Yes. That was taken from my sister-in-law's front yard. Q That was not taken from the church? A No Q Can you tell me where this picture was taken from? A It was taken from the church 1 1 1 Selectmen's Meeting November 12, 1973 Mr. Ginsburg. And I gather that it was taken with that same camera? The Witness. Yes. Mr. Ginsburg. From the window? The Witness. Yes. Chairman Kenney. Exhibit No. 3. (Photograph is marked Exhibit 3.) Q I have here a plan, a zoning map of the Town of Lexington, which is a Certified plan, certified by the Town Clerk, which contains a scale of distances and which shows all the property involved in this particular hearing. I would ask you to place a C on 36 Allen Street. Would you place a C on the 36 Allen Street property, 36 Allen Street property? A (The witness complies) Q Whether or not the cross that is shown on this particular plan close to the 36 Alien Street property is the church that you referred to pre- viously in your testimony. A Yes. Mr. Joseph M. Cohen. I have talked to Mr. Howe, who has been repre- senting the Board of Selectmen in this matter, and he stated to me that he was willing to agree that Route 2 is both a state highway and a high- way within the state primary system. Q Is there a conservation area of -the Town of Lexington nearby that you are familiar With, Mr..Costello? A Yes, there is, on the corner of Allen Street. Q Are you able to locate it on this plan? A Yes. Part of it abuts up to my property. Q Would you put on CO on the state property -- or put a ST on the conser- vation property? Chairman Kenney. Are you assuming it is state owned? Mr. Joseph M. Cohen. No, I believe it is owned by the Town of Lexington. Chairman Kenney. And the ST stands for? Mr. Joseph M. Cohen. I had the word state in my mind, but it stands for conservation property. Now, gentlemen, I am going to ask you to study this plan so you can get an idea yourselves, using the distance scale on the plan for refer- ence so that you can determine for yourselves how far the property at 36 Allen Street is distant from the various installations, from Route 2, from the church, and from the conservation property. Mr. Ginsburg. I'm sorry, he has asked how far. 36 Allen Street I don't think 36 Allen Street is relevant. It is 31 Allen Street. 313 31.4 Selectmen's Meeting November 12, 1973 Mr. Joseph M. Cohen. I'm sorry, I stand corrected. I stand corrected. Mr. Ginsburg. And you have asked him to mark his premises, which is 36 Allen Street, in relationship to the conservation property, and there is not, it is not the same. 31 Allen Street is not the same distance and'I just don't want the record to be confused on that. Mr. Joseph M. Cohen. Mr. Grossman -- Mr. Ginsburg. Mr. Ginsburg. Mr. Joseph M. Cohen. Mr. Ginsburg, but the property that he marked is the Allen property at 31. Mr. Ginsburg. Let me see what is the property he is -- Mr. Joseph M. Cohen. It's the Carroll property at 31 Allen Street. Mr. Ginsburg. I don't see that. Mr. Joseph M. Cohen. We will show it to you. The Carroll property and that's at 31. Mr. Ginsburg. Oh, right. Mr. Josehp M. Cohen. I will put a 31 on it so there will be no question. Mr. Ginsburg. That's all right. Chairman Kenney. Yes, Mr. Cohen, for clarification, when you re- ferred to the Carroll property at 31, I note his application that you read a few moments ago said: Give a description of the premises to be used for the premises. He said: One acre of land located at 31. Are you referring to the Carroll property in its full 50 acres? Mr. Joseph M. Cohen. Yes, because there is nothing in the license which specifies which portion of the Carroll property may be used and I know that you have to drive vehicles in order to reach any particu- lar part of it and there is absolutely no way, from the public records, or from isolating any particular portion of the property or from the license. Chairman Kenney. That will be marked Exhibit 4. You may show Mr. Ginsburg. (Zoning map of the Town of Lexington is marked Exhibit 4.) Mr. Bailey. It would be helpful to me if Mr. Cohen suggests what we are likely to find after going through all this. Mr. Joseph M. Cohen. I shall be glad to do so. I think you will find that the conservation land is across the street from 31, it's right across the street, virtually across the street, according to this plan, from number 31 Allen. Mr. Bailey. Now, can we stop right there. Sir, is conservation land specifically mentioned in the statute? Mr. Ginsburg. I think No, it isn't. Mr. Joseph M. Cohen. The statute mentions any park, bathing beach, playground, school, church. I think if you gentlemen will take the trouble to look up the definition of park in Webster's Dictionary, you will find that land in the nature of conservation land is included within the definition of park. Mr. Brown. I do not believe in the Town of Lexington that is true. Chairman Kenney. We hear what you are saying and we will take it under consideration. 1 Selectmen's Meeting November 12, 1973 Mr. Joseph M. Cohen. I simply ask you gentlemen -to consult the dictionary meaning of it for your satisfaction. Mr. Brown. Could you give me the number of feet? Mr. Bailey: There is a statutory definition for the Town of Lexington. Chairman Kenney. Mr. Bailey's point is that he feels there is a statutory definition of conservation applicable to the Town of Lexing- ton which differentiates it from park. Mr. Joseph M. Cohen. Well, I don't know and I don't, I claim to refute it. I did try to find the definition in the zoning laws and I did not find any definition in the zoning laws. And if there is a definition which distinguishes it from park land, I would stand corrected. Subject to that possibility, I would like to point out that this plan will show that the conservation land is across the street from 31 Allen Street, that the Trinity Church is within 300 feet of 31 Allen Street, and that Route 2 is a primary highway and a state highway and is in parts within 600 feet and within 1000 feet of the 31 Allen Street property. Mr. Ginsburg. 1 would like to ask -- I'm sorry, is this -- Chairman Kenney. Mr. Ginsburg. Mr. Ginsburg. Is this a statement of fact being made by you, Mr. Cohen? Mr. Joseph M. Cohen. I consider it a statement of fact. Mr. Ginsburg. Have you gone out and measured this? Mr. Joseph M. Cohen. I have measured it according to the plan, which has a scale in it. And this is the official zoning map of the Town of Lexington. Mr. Ginsburg. I'm sorry, and when you are saying that the various distances that you are offering, are you considering the area'involved here used by John P. Carroll Company for his business or are you con- sidering the perimeter of the 50 acres owned by the Carrolls? Mr. Joseph M. Cohen. I am considering the perimeter of 31 Allen Street. I was unable to find in the license, in the plan or for that matter in the decision of the Board of Appeals, anything in it which restricted the use to any particular portion of the land. Mr. Ginsburg. Well, I beg to -- Mr. Joseph M. Cohen. The land has always been described as 31 Alien Street. Chairman Kenney. Mr. Ginsburg. Mr. Ginsburg. I would beg to differ with Mr. Cohen, but I will wait until he is done and then I will present some evidence which is directly to the contrary of what he is saying. Mr. Joseph M. Cohen. That there is a record limiting the bound- aries of the particular use? Mr. Ginsburg. Yes. Chairman Kenney. Mr. Brown, did you have a question? 315 3.16 Selectmen's Meeting November 12, 1973 Mr. Brown. Yes, Mr. Chairman, I would like to ask, because I was very careful with my notes and I am sure the stenographer can back me up, but Mr. Cohen said, when he was showing us the pictures, that there was 800 feet between church and junk yard and he just now said that it was 300 feet between the contested area and the church, and I would like to ask him which does he mean, 800 feet or 300 feet? Mr. Joseph M. Cohen. This distance of 800 feet was an estimate taken by Mr. Costello and that is his estimate but I called, respect- fully, to the attention of you gentlemen, that the plan shows a differ- ent distance. I am asking you to rely upon the plan. Chairman Kenney. I think, Mr. Brown, that Mr. Ginsburg intends to pursue that line of questioning. Mr. Ginsburg. Oh, yes, 2 will. Mr. Brown. I just wantto make sure I got my notes right. Mr. Joseph M. Cohen. With that, I will rest, gentlemen. Chairman Kenney. Could I ask you a question? Mr. Joseph M. Cohen. Yes. Chairman Kenney. Would you relate your contention back to the statute again? Mr. Joseph M. Cohen. The requirement is that it be more than 1000 feet from the nearest edge of any highway on the interstate or primary system. Chairman Kenney. Is that a requirement for Class 3 license? Mr. Joseph M. Cohen. Yes specifically. Specifically. There are other requirements in this section and I have taken only these require- ments which are pertinent, but this is, it starts out with: "No license shall be granted under Section 59 to a person within Class 3, as defined in said Section 58, for a motor vehicle junk yard unless such junk yard is 1. More than 1000 feet from the nearest edge of any highway on the interstate or primary system." Chairman Kenney. There was a phrase in there for a motor vehicle junk yard. Is there any other requirement for a Class 3 license? You say by definition is a motor vehicle. Mr. Joseph M. Cohen. Class 3, I will read the definition again: "Any person whose principal business is the buying of second-hand motor vehicles for the purpose of remodeling, taking apart or rebuild- ing 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, may be granted a motorvehicle junk license." This is Class 3, I believe it follows the wording of the license that was actually issued. And again, of course, I call your attention to the fact that in the application for the license, the principal business of the applicant is described as that of a motor vehicle junk dealer. 1 317 Selectmen's Meeting November 12, 1973 Chairman Kenney. The map will be Exhibit 4. Mr. Ginsburg. -- are you through, Mr. Cohen? Mr. Joseph M. Cohen. No. Then, Clause 2 of subsection C of 59A reads: "More than 600 feet from any other state highway. "3. More than 300 feet from any park, bathing beach, playground, school, church or cemetery, and is not within ordinary view therefrom. "4. Is screened from view, either by natural objects or well con- structed and properly maintained fences at least six feet high and in accordance with regulations as promulgated by the Department of Public Works and as:specified on said license." With that, I will rest. Chairman Kenney. Thank you, Mr. Cohen. Mr. Ginsburg, questions of Mr. Cohen? Mr. Ginsburg. No, I won't ask him any questions. I will just -- Chairman Kenney. Make a statement? Mr. Ginsburg. Yes, I will. (The witness steps down.) Mr. Ginsubrg. I think it might help if I go into a little bit of the background and that will explain everything here. Chairman Kenney. Will you identify yourself with your full name and address? Mr. Ginsburg. My name is Edward M. Ginsburg, One Boston Place, Boston, Mass., 02108,I think. I represent John P. Carroll Co., Inc. here. I think I can help if I outline briefly the whole background. The premises known as 31 Allen Street in Lexington consists of some 50 acres of.land, which is commonly known as the Carroll Farm. This land has been in the hands of the Carroll family for over 150 years and indeed, there are two Carrolls, Mr. John Carroll's father, who is in his seventies, and his uncle, who is in his nineties, who are still living there, farming, that is what they do. John is home with his parents. A number of years ago, the Town began to object to part of the use of the farm premises, which was used as a piggery, and that is the area now in question which was formerly used as a piggery. Over a period of time, the Town insisted that the use as a piggery was obnoxious and began to impose restrictions so it no longer could be used as such. And as the use that the farm could be put to was gradually restricted down, down, and down, it became impossible for the Carrolls to earn enough money farming to sustain themselves and indeed pay the taxes on the pre- mises. At which point, young John Carroll here came to the Court of Appeals and I think this is the fourth year that we were there in 1973, but I think we went first in 1969 or 1970. And he applied for permit which enables him to pick up cars in the town that have been left. And there has been 318 Selectmen's Meeting November 12, 1973 evidence that this was not something to be considered by this Board but by the Appeal Board, the Zoning Board of Appeals. It was found that there was sufficient numbers of cars that were left around this town and the area and no way of getting rid of these old cars. John Carroll would go down and he would pick them up with a small truck and he would bring them up, with a small truck, and he would bring them up to his premises and he put them on a larger truck and take them in town and sell them. Mr. Joseph M. Cohen. And what? Mr. Ginsburg. And sell them, sell them as a junk in town. Pidk them up, take them in town, and he would sell them. And indeed, he came and he applied for a permit to do this and the permit was granted and I believe, if you do not have it here, there is a big, thick file from the Zoning Board of Appeals which you will be able to get. He lived up to the terms of the permit, which was granted for a one- year period only because in that way, the Zoning Board of Appeals felt that they could keep check because if he did not comply with the permit, then they wouldn't give it to him the second year. He came back the second year, they gave it to him the second year. He came back again and now he is operating under a permit that was granted in June, 1973, which very carefully spells out what Mr. Carroll is allowed to do. And I submit, that by no stretch of the imagination of the terms of this permit, is he operating a junk yard. So we maintain that Mr. Carroll is not operating a junk yard. He is operating under the terms of a special permit granted by the Zoning Board of Appeals. And I believe you probably have a copy of that. Do they? Mr. Norman P. Cohen. Yes. Mr. Ginsburg. And that spells it out. As I said, he has conducted his operation in such a way that the permit, this last year, will show that there were at the time he came to get his permit, 190 separate citi- zens who signed a petition in favor of his third renewal. So that shows that there was obviously satisfaction with the way in which he was carry- ing it out. Now, we get to the issue, the technical issue before you today, is what is known as his third class license and why he has that. And I submit, at the time the license was first issued, the Board of Selectmen spelled out, they sent to Mr. Carroll a covering letter that siad that the granting of this license in no way was to extend the rights that he had uder permit. And I believe that is a letter, I have it, I believe it was dated in 1972, and when that first came -- do you have that -- you people-- oh, I have it,. February 4, 1972, signed by Mr. Robert Cataldo, the Chairman; "Please be advised that the Class 3 auto dealer's license that the Board of Selectmen granted you does not in any way supersede the require- ments set forth in the Board of Appeals permit." It has been perfectly clear from the start. 1 319 Selectmen's Meeting November 12, 1973 "All of the conditions set forth by the Board of Appeals permit are in full force and effect and any violation thereof could mean considera- tion of the canceling of your Class 3 license. The Board feels very strongly that these conditions should be adhered to. "Very truly yours, "Board of Selectmen, "Robert Cataldo, Chairman." And everyone received a copy of this. So why, and what is the -- Chairman Kenney. Could we make that Exhibit 5, then? Mr. Ginsburg. You may. Chairman Kenney. We will give you a copy back. Mr. Ginsburg. I will offer that as Exhibit 5. (Letter from the Board of Selectmen, Dated February 4, 1972 is marked Exhibit 5.) Mr. Ginsburg. So, it has been perfectly clear that the conditions of this license and the uses are restricted to his permit, and that is not carrying out a junk yard. Now, why do we come to get a Class 3 permit, you may ask. And the answer to that is very simple, and something With which I am acquainted with because -1 was the one who handled this for Mr. Carroll. And that is because the Registry of Motor Vehicles insisted that in order to protect the public, that the cars that Mr. Carroll was towing be covered with insurance. Now, cars that have been left and deserted are often, they are unregistered and uninsured. This is quite often the case. Someone has one in his backyard and the car is just junk there. It is just left.clt is unregistered and uninsured. How do you get that motor vehicle out onto the public highway when you hitch it on the back of a truck to carry it off and have it insured? And the Registry said that you have got to get a dealer plate and when you tow the car, you attach a dealer plate and that makes that car regis- tered and insured in case any harm comes if that car comes loose or anything. So being told that by the Registry, I went down with Mr. Carroll to get a dealer plate, thinking it is a very simple thing. You go down and you explain to the Registry, having the inspector out here having told you what you had to have, that you wanted a dealer plate. At which point, the Registry gave us a form part of which Mr. Cohen read in. Now, in order to get a dealer plate, which is the plates that you have seen around, with which you can move from one vehicle to another for the purpose of having them insured on the highway, you fall into one of three categories, one of three broad categories. You are either a Class 1 license, and that means you buy and sell brand- new cars. That's in effect what it says. Or you fall into Class 2 and that means that you buy and sell second- hand cars. 320 Selectmen's Meeting November 12, 1973 Or everything else is Class 3. John does not buy and sell brand new cars. He is not in the auto- mobile business of buying and selling second-hand cars. He picks up cars that have been left. He tows them to his place. He then puts them on a large truck and takes them into town. And they said that falls into Class 3. So you fill out your permit for a Class 3. And then the Registry people said, the supervisor said, that, well, now you have to get back before we can approve it, you have got to go back to the Board of Selectmen. So we came back to Mr. Cataldo, ex- plained.to_.him what the situation was, actually, to get the dealer plate is to protect everybody, it was not to expand his activities, it was as a protection so the cars were registered and insured as they were being towed around. And for that reason the Selectmen issued the Class 3 license because without the Class 3 license -- and you have a copy of the form -- the Registry won't issue dealer plates. So the purpose of getting the license was not to operate a junk busi- ness but just to get a dealer plate so the automobiles that are being towed would be registered and insured so'if anything happened, the public would be protected. That is the sole reason behind that. And I submit, first of all, that in no way within the meaning of General Laws, Chapter 140, Section 59A, is a junk yard being carried on here, because that is not permitted to Mr. Carroll under the terms of his permit and he is governed under the terms of his permit, which you have before you. His place serves asa depot where cars are taken in on smaller vehicles. And now he has it so it is much better than it was in the beginning. He's got a crusher that is sound -proof. You really don't hear anything. It crushes it all down. And they are put on a large truck and taken into town. And so, this is not a junk business, number one. Number two, the operation that is going on here uses, to be exact, I think we've said we applied for two acres, but the area involved is actually an acre. One acre of 50 acres on the Carroll premises, And it is the area that was formerly used for the piggery, and I submit this is a less obnoxious use than the piggery was, by any standard. Second, Mr. Cohen, in response to a question by your Chairman: what the requirements are under 59A, if indeed they are applicable here, and I don't think they are, said that the area is not to be, "In ordinary view." In ordinary view. And I submit that if you go up on the church premises up above the ground with a Zoom lens camera to take a picture, and by taking a picture with a special lens camera you are able to con- centrate on.one spot in the whole 50 acres, that that is not what.is meant by the statute, "In ordinary view," because in truth and in fact, this whole operation is very well protected and concealed from view as the permit indicates. The permit itself, which was granted this year by the Board of Appeals, indicates that it was not in view. You may all go 1 1 1 32.1 Selectmen's Meeting November 12, 1973 up yourself and see. There is not a six-foot fence, asis required by this statute, there is an eight -foot fence. There is an eight -foot fence around one side of this and everything elseinvolved is in a valley. Three sides, you cannot see anything because it's down in a valley. The fourth side, the only side that is open at all, is con- cealed by an eight -foot fence. So you cannot see any of this operation from any of the streets involved -- oh, I'm sorry, I think if you, there are times, if you get far enough away and up high enough, you can see the very top of the crane, but you wouldn't know what it is because that comes up above the fence. Now, Mr. Cohen here has talked about distances and what Mr. Costello estimated or guesstimated they were and what he has estimated or guess- timated they are, and I would like to tell you not an estimate or a guesttimete but what they are actually because Mr. Carroll, who I will ask to testify, went to the State Department of Public Works and he bort- rowed ortrowed what is known as an autometer or something like that, that you can carry and it will tell you exact distances. Now, when I am telling you these distances, these are not the distances from the perimeter of the Carroll farm, which is 50 acres, which is ridic- ulous and means nothing. These are the distances from the area involved, the one acre involved from the fence where the operation takes place. Now, this area involved from the state highway, which is Route 2, to the nearest part involved from Route 2 by a direct walk to the nearest area where this operation is involved is 4700 feet. 4,700 feet. From Waltham Street by a direct route, it is 2,183 feet. To the conservation land, which is not park land, but conservation land, by the most direct route, which necessitates walking across some- body else's property in order to measure it because there is an intervening property between the Carroll property and the conservation land, is 480 feet. To the church, to the driveway of the church, the nearest part of the church property, is 1488 feet. And indeed, to Mr. Costello, to his driveway, is 976 feet. And I would ask you that if any of you had any interest at all, you are welcome to go up and to view it as I am sure you probably have. It is the most open now as it ever is. If you go by when the leaves are on the trees, before the leaves have fallen off the trees, you really don't see anything at all because the leaves on the trees shield everything. It is wide open now because the leaves are off of the trees but through most of the year you can't see anything at all. And I would just call Mr. Carroll to ask him to testify as to these distances that he has measured off. John. 322 Selectmen's Meeting November 12, 1973 JOHN P. CARROLL (Sworn) DIRECT EXAMINATION By Mr. Ginsburg: Q Will you please tell the Selectmen your full name and address? A My name is John P. Carroll, I live at 31 Allen Street, Lexington. Q Are you the president of John P. Carroll Co., Inc.? A Yes, I am. Q And will you tell us who you live with? A I live with my mother, my father, and my uncle. Mr. Joseph M. Cohen: Excuse me, I don't know, are you suggesting that, I don't mean any disrespect of his father, uncle, and mother, but are you suggesting that this is relevant to the inquiry? Mr. Ginsburg. No, No. Mr. Joseph M. Cohen. Thank you. I was just wondering. Q And you live there at 31 Allen Street? A Yes. Q Will you tell us what are these premises, is this what is known as the A This is known as the Carroll_.Farm. Q And it has been owned by? A By the Carrolls, by my father and my grandfather for 150 years, its been in the Carroll name. Q At some time did you begin the business in question here now? A Yes, I did. Q Can you tell us what that was? A Oh', it was approximately about four to five years ago. Q Is that what it was? A Yes. Q And when you began it, did you come before the Board of Appeals and get a permit? A Yes, I did. Q Will you tell us, roughly, what the business is? A The business is picking up, you know, old cars and towing them back to my property and putting them on a larger truck and hauling them into Boston and selling them to the pulverizer company. Q Do you operate under certain restrictions as to the number of cars and everything? A Yes, I do. Q Are you inspected by the town? A Yes. Q- How often? A Well, sometimes as much as four times a month, sometimes as little as twice a month. 1 1 1 Selectmen's Meeting November 12, 1973 Q At some time, did you license? A Yes, I did. Q What was the purpose A The purpose of that plates on the cars, my premises. Q Did you have to get the dealer plates? A Yes, I did. Q Was there any other reason you came to get the Class 3 license? A Well, how it all started was, I got stopped by the Registry one day with a truck that I was using and the truck, they, you know, said it was unregistered, that it was, you know, improper use of it. I used the truck for two purposes. I used it in the winter time for a sander, and I used in the summertime as a tow truck, and they said, you know, I could not do this and I would have to get a dealer plate or I would, you know, reregister the same truck but call it something else because, you know, I would remove the back, you know, in the winter time and put a wrecker on it, you know, for the summer use for towing of the cars and that's what made me apply for this third class license, you know, sole purpose of getting the dealer plates. And that is the sole purpose that is what it is and that is what it has been? Yes. First, can you tell us over the past few years the area so it's enclosed off? I have fenced off the only visible spot of the yard, of the auto depot. The rest of it is sitting, in like:a valley, that is screened by, you on the other sides. have, how have you screened make an of that? was to get dealer plates so I could put the dealer the unregistered cars so I could tow them back to application in 1972 to get the Class 3 the license in order for the Registry to give you Q A Q A Q A Q A Q A Q A Q A Q A what have you done to get know, a high hill and shrubbery And the side that was open, you I put up an eight -foot fence. An eight -foot fence? Yes. it off? 32:3 And the area involved, Mr. Carroll, in the operation of your business, consists of how much? Of one acre. And the whole farm consists of how many? Of 50 acres. Before you did this, was there some problems that your family was having in paying the taxes and maintaining the place? Yes, you know, it was very difficult, the taxes are, you know, quite high on the property. Did something happen to the farm business? Well, you know, the pigs, you know, they went out of the pig business, so, you know, it was very hard to maintain the farm to keep it up. 324 Selectmen's Meeting November 12, 1973 Q Did you go out and make certain measurements? A Yes, I did. Q What did you use to make these? A I went to the Department of Public Works in the state and they have this wheel that you use for measuring the lines on the road. I asked to borrow it and they were, you know, kind enough to let me use it. And I walked off the distance from -- Q Let me ask you. Did you walk off the distance? I have read certain distances; are those the figures that you gave to me? A Yes, they are. Q That you walked off? You might give it again. What is the distance from the nearest part of the area involved in your business to Route 2? A It was 4700 feet. Q And from the nearest part of your business to Waltham Street? A It was 2183 feet, to be exact. Q And from the nearest part of your business to the conservation land? A Was 482 feet. Q Now, in order to do that, is that directly adjacent or do you have to go across somebody else's land? A I have to go across somebody else's land_ Q Whose land do you have to go across? A That property was the Winstons' property. Q And from the area involved to the church is how far? A From the to the church property, to the church driveway? Q Yes, the church driveway. A Was 1488 feet. Q And indeed, how far is the area involved from Mr. Costello's driveway? A It was 976 feet to the end of his driveway. Q There have been certain pictures that Mr. Costello introduced that were taken with a special lens from -- Mr. Joseph M. Cohen. Well with all due respect, Mr. Ginsburg, I don't think it has been established that this was any particular kind of lens. Mr. Ginsburg. With a special camera. Mr. Joseph M. Cohen. With a camera that Mr. Costello rented. I don't think he was able to describe it. Q I ask you, if you go up to the church and you stand at the driveway there, the nearest part to your premises, can you see what this picture depicts? A No, because there's trees in the foreground here, those are the tops of the trees, you can't see the sander from the front of the lot, and also there are houses in front of these trees, there are three houses. And you can't even see my house, standing at the church property. Q And that same thing would be true of these other pictures? A Yes. Selectmen's Meeting November 12, 1973 Q Which he has introduced. Would it be fair to say, Mr. Carroll, that from any place off of your property, off of the acreage involved in the Allen Farm, that this operation is not in ordin- ary view? A No. Q Is it or is it not in ordinary view? A It's not in ordinary view. Mr. Ginsburg. Thank you, very much. If you have any questions, I would be happy to answer anything. Chairman Kenney. Do any members of the Board have any questions? Mr. Cohen, do you have any questions of Mr. Carroll? Mr. Joseph M. Cohen. Yes, I do. Mr. Ginsburg. One other thing, I have other people here who -.are neighbors and would also be pleased to testify on the ordinary view, if you would like them to testify,or if you would just like a show of hands. Chairman Kenney. I think at the end, a show of hands, unless there is something extraordinary that you want. Mr. Ginsburg. No, I believe the facts are shown in the permit as to these premises. Thank you. Chairman Kenney. Mr. Cohen. CROSS-EXAMINATION By Mr. Joseph M. Cohen: Q I have an aerial photograph of the locus that has been issued by the Town. Mr. Carroll, when is the last time you visited the church? A When was the last time I visited the church? Q Yes. A What church? Q The church we have been talking about. A Oh, I think it was last winter. Q Last winter? In January or February? A No, I'm not sure of the date, 1, we plow it up there and that's what I was up there, the purpose of it. Q Incidentally, do you have a red truck that you use in connection with your. business? A All my trucks are red. Red and black. Q Where do you keep those trucks? A Where do I keep them? Q Yes. A Which one? Q Trucks that you use in connection with your business. A Where do I keep them? 326 Selectmen's Meeting November 12, 1973 Q Yes. A I have three trucks in connection with it, I keep one in the back and one in, generally two down in the yard because I had trouble with vandalism and, you know, damage on them. Q You keep one of those trucks between the fence and Allen Street, don't you? A Between the fence and Allen Street? Q Yes. A No. Q You are sure about it? A Yes, unless it could have been at lunch time or something, but -- Q I see. Well, how would 4:00 o'clock in the afternoon be? A Possibly one of the drivers was coming in with it. Q Incidentally, if there was a truck between the fence and Allen Street, it would be visible from the parking lot in front of the church, wouldn't it? A Yes. Q I call your attention to this large piece of machinery that has a beam sticking up into the air. Can you tell us what kind of equip- ment that is? A That is a Beyers Crane. Q What is it used for? A What is it used for? Q Yes. A For loading of the cars. Q How high does it extend up in the air? A 28 feet. Q And it is part of your operation? A Yes. Q And your fence is eight -foot high? A Yes. Q Mr. Carroll, can you tell us whether or not that crane can be visible from the front yard of the church? A The boom part, you know, possibly. Mr. Ginsburg. I believe I testified it was. I said that the top of the crane was visible. Q And that crane is part of your operation, isn't it? A Yes. Q How do you get equipment in and out of this yard that you have behind the fence or within the fence? A Drive it in. Q Drive it in? And where do you drive it in from? A What do you mean, from the driver's seat or from the -- Q Well, did you drive it in from some street? A Allen Street. Selectmen's Meeting Q A Yes, I do. November 12, 1973 You have some paths or roads on your land between Allen Street -- Q -- and the fence? So it is fair to say, isn't it, Mr. Carroll, that you use an area between Allen Street and your fence for the purpose of driving these vehicles that you pick up in and out of the com- pound there and the fence? I have to get to the location. Certainly, and you can't operate .this business without driving these or without driving from Alien Street up until the fence; isn't that correct? Yes, I.:also use Route 2 and Alien Street and Waltham Street. How do you get to Route 2? By means of driving down Waltham How do you get to Waltham Street By driving down Allen Street. All right. But the fact of the matter is, that you use the area between Alien Street keep the cars in order to bring the cars to and Street. isn't it Mr. Carroll, and the fence in which you from Allen Street? Yes. And that is part of your land that you absolutely to carry on the business; isn't that correct? Yes. And it goes right up to Yes And incidentally, when by the school which is No, I don't. What point do you go by the school? The school is set off at a distance. Allen Street, isn't have to use in order that correct? you drive out of your property, you go right across the street, don't you? It's on Stedman Road But your route does take you by the school; does it not? The school is set off. When you first applied for a permit, how long ago was it, Mr. Carroll? Oh, it was approximately four years ago. The date is on the permit. I'm not positive. You were given a permit for one year, isn't that correct? Yes, I was. And so, is it fair to state, Mr. Carroll, that when you got your permit, it was for one year and you understood possibly that not be able to operate the business next year? Yes. And your second permit was for one year, was it not? Yes. And the third permit was for one year? The third permit, no, I -- The third permit was for three years? The third permit was for three years, I believe. first you may 32.r, 328 Selectmen's Meeting November 12, 1973 Mr. Ginsburg. I will stipulate that the permit that is in effect since June of 1973 is for three years. The others before that were for one year. I am not positive whether this is the third permit or the fourth one. But I can check that. Q At the.time the license that we are talking about was issued in January of 1973, you had a permit that was due to expire. That is the permit from the Board of Appeals that was due to expire in June, isn'`t-that correct? A Yes. Q So you knew there was a possibility that this business that you were in would be temporary? A Yes. Q. Do I understand you to say that you don't operate an automobile junk business? A No, I don't. Q I ask you whether this is a copy of the application that you filed for a third class permit with the Registry of Motor Vehicles, you remember filling out that application? A Yes, I do. Q And I call your attention to the answer to the question -- Mr. Ginsburg. I would be happy, to save time, to offer the -- Mr. Joseph M. Cohen. May I see a copy of this? Mr. Ginsburg. The permit, as I said in my statement, there are three types of categories you can fall into. Either you are selling brand new cars, which is a first-class one; or you are selling second- hand cars, which is Class 2; or they have taken the phrase junk, which is classed 3, and that is the only one he could fall into, and that is the purpose of it. Q Mr. Carroll, do you remember answering some questions in this appli- cation for the Registry? A Yes, I do. Q And I call your attention to the question: "Is your principal busi- ness that of a motor vehicle junk dealer?" What is your answer? What is your answer, Mr. Carroll? A That is the question that is asked by the Registry, the way they stated it downthere Q Please, Mr. Carroll. A -- is -- Q Mr. Carroll, will you please just tell me what answer did you give to it, a very simple question: "Is your principal business that of a motor vehicle junk dealer?" A Yes. Q All right. And you signed, underneath that answer? A No, on the next page I did. 1 329 Selectmen's Meeting November 12, 1973 Q Next page? And the next page was a continuation of this page that has these questions, was it not? A Right. Mr. Joseph M. Cohen. May I offer this, Mr. Ginsburg? Mr. Ginsburg. I would be happy to offer it. Chairman Kenney. I have a copy. Mr. Ginsburg. I think they probably have a copy. Mr. Joseph M. Cohen. Thank you. Chairman Kenney. Could we respectfully ask, Mr. Cohen, some of these things I don't think they are in doubt. Maybe we can go a little faster. I don't wish to impede you in any manner, sir, but if you could bring the questioning in to how it relates to the Class 3 license a little more quickly. I think we are all willing to concede that he answered Yes to that, and then get your point. Mr. Bailey. I have one other comment, Mr. Chairman, if I may? Chairman Kenney. Sure. Mr. Bailey. I sure wish Mr. Cohen would make his points at the end of a line of questioning. I realize he is getting things on the record but this is a hearing and he pursued an extensive line of questioning regarding the fact that Mr. Carroll, of necessity, had to move the vehicles over highways and streets, and then dropped it. Mr. Joseph M. Cohen. All right. My point is, I respectfully submit, that the use of this land is not limited to the area within the fence. This use also includes carrying vehicles back and forth between Allen Street and the fence. So that when the applicant is attempting to use the fence as a measuring distance, it isn't an accurate measuring dis- tance. He should be measuring from where his land abuts Allen Street because this is where the use actually begins. And if there is any question as to whether that is part of the use, it is very obvious that if he couldn't drive the vehicles across his land from Allen Street to the fence, and drive it out again, that he couldn't conduct the use. Now, in respect to these questions about whether or not he is operw ating a motor vehicle junk license, although he insists in saying he isn't, the very simple fact is that he answered a question to that effect and said it was his principal business. The license that he asked for and was granted is worded in the ex- act language of that part of the statute, Section 58, which is defined as Class 3. And that statute says that this is a motor vehicle junk license. Mr. Ginsburg. Your Honor, I don't want to cut him off -- Mr. Joseph M. Cohen. Then please don't. Mr. Ginsburg. I think we have been through, I think he read this all in at the very beginning. Mr. Joseph M. Cohen. I was asked to make a point as to my question- ing and I am trying to be as responsive as I possibly can. Chairman Kenney. Mr. Cohen Q (By Mr. Joseph M. Cohen) Mr. Carroll, when you transport these vehicles, that you pick up, you buy them from somebody, don't you? e33 0 Selectmen's Meeting November 12, 1973 A No, I don't. Q Well, don't you send in reports to Mr. DeFeo at the Registry of Motor Vehicles? A I don't know who I sent them to, I send them to the Auto Theft Bureau. Q And they are on blue slips? A They are on white slips. Q You say your reports are on white slips? A And blue slips. Q.AAnd blue slips. And you sent them to Mr. DeFeo on North Washington Street, the office of the Registry of Motor Vehicles, slips of all your purchases and sales? A Purchases and sales, if you want to word it that way. Q You buy these vehicles and you sell them, don't you? A NO, I don't buy them. Q You never buy them? A No. Q How do you obtain them? A How do I obtain them? Did you ever try to get rid of a junk car? Q 'I have never had any experience whatsoever. Chairman Kenney. Did you ever buy one? The Witness. On occasions I have, yes. Chairman Kenney. It might be helpful Mr. Carroll, not to try to invade his questioning. Just get right down to it. Occasionally you do buy one, lots of times they are given to you or you acquire them just to get them off the street? The Witness. Yes. Q And when you get them, you transport them on a vehicle, isn't that correct? A Yes Q And the vehicle that you trasnport them A Right Q Are you saying that the junk to be registered? A Yes Mr. Brown. Could I follow interested in Mr. Bailey's ques Chariman Kenney. I assume why he wanted the plate, right? Mr. Joseph M. Cohen. That on has to be registered? car that is being transported also has up and ask why, this question, I am tion. you are attempting to bring out, sir, is correct. I frankly thought that possi- bly, now, if you were carrying a junk vehicle, you didn't need plates the junk vehicle, but you needed it for the vehicle that was carrying but the witness has informed me that you need it for the junk vehicle I will take his word for it. for it, too. 1 1 334- Selectmen's 34- Selectmen's Meeting November 12, 1973 Q Ani.incidentally, when you remove these vehicles from your premises, they have been crushed? A Yes. Mr. Joseph M. Cohen. I would want to make one other point and I would have no further questions to ask this witness. Q And the reason, I was asked to explain the point of my questions, and that was in connection with this crane that rises some 28 feet high, and is visible from behind the fence. The witness has admitted that it is easily visible from the front yard of the church. It is in ordinary view and it is an integral part of it. The Witness. The boom part only Mr. Joseph M. Cohen. I understand. I have no further questions. Chairman Kenney. Do you have any further comments, Mr. Ginsburg? Mr. Ginsburg. The only other comments I would have is I don't think there are too many, but some of the neighbors heard of this hearing here tonight, and they just wanted to make themselves known, I think. Chairman Kenney. So if they -- Mr. Cohen, would you care to comment on this? Mr. Joseph M. Cohen. Well, my only point is, I am not saying the feel- ings of the residents of the area are not of importance, but I am just wondering if in this particular question it is a question of, --you know, taking a vote or it is a question as to whether or not the statute is being complied with. Chairman Kenney. Mr. Cohen, under a public hearing advertised by the Selectmen, the citizens do have a right to speak. Mr. Joseph M. Cohen. I have no objection to their speaking. Chairman Kenney. I am just attempting to save us all some amount of time. I would rather have a series of people just get up, conceivably, and support what Mr. Carroll has said or Mr. Costello, and if they could do it by a show of hands, I think the Board would be just as pleased. Would you agree to that, sir? Mr. Joseph M. Cohen. I have no objection to the show of hands, but I would respectfully submit that, with all due respect, I believe it is irrelevant to the issue before the Board. In other words, a public hearing and people may obviously come up and present evidence and arguments but I don't think whether or not they are in favor or I'm in favor or Mr. Costello is in favor or Mr. Swenson, who is represented here tonight, is in favor. I don't think what happens -- Chairman Kenney. I think I will phrase the question of people who are willing to support the viewpoint which has been presented first by yourself and Mr. Costello. Any additional people? Being none -- sir? Mr. Kilgoar. My name is George Kilgoar, Attorney for Bertha Swenson, 28 State Street, Boston, and we are in complete agreement with Mr. Cohen's presentation on behalf of Mr. Costello. Mr. Joseph M. Cohen. Where is Swenson's land? 332 Selectmen's Meeting November 12, 1973 Mr. Kilgoar. That land has recently been sold. Mr. Joseph M. Cohen. Where is it, where is it located? Mr. Kilgoar. That is on Allen Street. Mr. Joseph M. Cohen. Where .on Alien Street? Mr. Kilgoar.. 29 Allen Street. Chairman Kenney. Did you say a portion of the land has been sold? Mr. Kilgoar. A portion has been sold, the back portion. Chairman Kenney. A portion.. And you represent the abutters? Mr. Kilgoar. Yes. Mr. Ginsburg. May I just ask him a question? Are these the people that want to buy a strip from the Carrolls so as to extend the size of their lot? Mr. Kilgoar. I don't know anything about buying a portion of the land. I don't know what that has to do with this hearing. Chairman Kenney. Are there any people here -- Mr. Ginsburg. I think it did, your Honor, I think it does. Chairman Kenney. Any people here who wish to, by a show of hands, identify themselves as supporting the testimony given by Mr. Carroll? (Some people raised their hands.) Chairman Kenney. Hands are sufficient, Mr. Cohen, or should I take names? Mr. Joseph M. Cohen. If it please your Honor, when you say support the testimony, I don't, I respectfully must comment that I don't be- lieve that this is specific enough. I don't know which specific testi- money they supported. I don't know whether or not,for example, they have gone up the hill. Chairman Kenney. This is not exactly a court of law, this is a Selectmen's hearing. We wish to get an indicationfrom these people if they generally agree with the presentation as put on by Mr. Carroll. I don't want Mr. Ginsburg to haul them up here one by one. It will be a long time. So we will take the show of hands once more. Mr. Bailey. Could I suggest that possibly a way around it, a show of hands of the people who take no offense of the operation as conducted by Mr. Carroll. Would that be an acceptable position for you two gentlemen? Mr. Joseph M. Cohen. If' these people want to say they take no offense, I take no objection to that. Mr. Ginsburg. I believe, on that issue, which came up at the point of the renewal of the permit, the evidence is that there were 190 people who signed a petition. On the issue here, I believe, as to what Mr. Carroll testified to as to the facts on the distances and the ordinary view and the kind of operation. And I will also offer at this time, because I have not seen them because I don't think they are available to me, I will offer all reports and inspections made by the inspectors here and by the police as to whether or not the conditions of this permit have been lived up to, and I would offer that and make that part of this record. 1 1 1 1 Selectmen's Meeting November 12, 1973 Chairman Kenney. I will ask for a show of hands, on your advice, Mr. Counsel, on those supporting Mr. Carroll. Mr. Norman P. Cohen. They don't take any offense. Chairman Kenney. The number of people that take no offense at the conduct of operations or just described by Mr. Carroll. (Some people raised their hands.) Chairman Kenney. 23. Mr. Brown. I have 24. Mr. Joseph M. Cohen. I wonder if I might be permitted Chairman Kenney. Two counters have 24, so the record will show 24, Mr. Cohen. Mr. Joseph M. Cohen. I wonder if I might ask Mr. Carroll just a couple of more questions before we adjourn. Very briefly. Chairman Kenney. Briefly, and they concern something you have not asked him before? Mr. Joseph M. Cohen. That is correct. Q (By Mr. Joseph M. Cohen, continuing) Mr. Carroll, when you took these measurements, by the way, do you have any engineering training? A No. Q Do you have any training in measuring distances over land? A No. Q Was anybody with you when you took these measurements? A One of my help. Q Is he here tonight? A No, he's not. Q Did you take any steps to make certain that you were covering the shortest distance between the two points you were measuring? A Yes. Q What steps did you take? A What steps did I take? Q Yes. A I walked up, I looked around, the conservation land is that way, the curve is that way, the Route 2 is that way, that's the way I went. Q When you were walking, did you take steps to see that you were walk- ing in a perfectly straight line? A As direct as possible. I couldn't, you know, go through people's houses or, it was tough getting over fences. Q But, is there anything you did to guarantee that you were walking in a straight line when you were walking this 2000 yards or so forth? A No. Mr. Joseph M. Cohen. Thank you. I would just call to the attention I think it is common knowledge that if people are walking distances, if they don't have any engineering, they generally walk in a circular manner. Mr. Ginsburg. I object unless Mr. Cohen wants to qualify as an expert. I think that is uncalled for. 334 Election Town Meeting Warrant Closes Street Lights Cary Hall Statues Selectmen's Meeting November 12, 1973 Mr. Joseph M. Cohen. How many stories have you read about where people get lost walking around in circles? Mr. Ginsburg.. He wasn't lost. Chairman Kenney. I want the record to reflect that we con- tacted the Chief of Police last week and asked him if he had any official complaints of the Carroll Company, Incorporated. On Novem- ber 7, the Chief of Police has reported that he has had no official complaints. And also for the record, I would like to enter the inspections of the Building Inspector. If you care to have a copy, we will send them to you, Mr. Cohen. These are a record of the inspections going back to 1972 and up until November 5, when I requested them from the Building Inspector. They will be Exhibit 6. (Record of Inspections by the Building Inspector is marked Exhibit 6.) Chairman Kenney. And I declare this hearing closed, and the Board of Selectmen will take it under advisement. Thank you. Mr. Ginsburg. Thank you very much. Mr. Joseph M. Cohen. Thank you. (The hearing concluded at 9:40 p.m.) Chairman Kenney requested that the the Annual Town Election and the Annual Upon motion duly made and seconded, Annual Town Election on Monday, March 4, Upon motion duly made and seconded, ing hours for 7:00 a.m. to 8:00 p.m. Upon motion duly made and seconded, Annual Town Meeting for April 1, 1974 at Hall. Upon motion duly made and seconded, rant on December 21, 1973 at 4:30 p.m. (signed Annette Nahigyan Certified Shorthand Reporter) Board vote to set the dates for Town Meeting. it was voted to call the 1974. it was voted to set the poll - it was voted to call the 8:00 p.m. in Cary Memorial it was voted to close the War - Upon motion duly made and seconded, it was voted to table the list of street lighting requests presented by the Director of Public Works/ Engineering. Upon motion duly made and seconded, it was voted to table the re- port from the Director of Public Works/Engineering in reply to a letter from the Belfry Hill Association. The Board discussed and approved the request from the Lexington Historical Society for permission to the Smithsonian Institution to photograph statues in the Cary Memorial Building under the supervi- sion of a member of the Historical Society. Selectmen's Meeting November 12, 1973 Upon motion duly made and seconded, it was voted to grant permission to the Smithsonian Institution to photograph the Minuteman of '75 and the Union Soldier to be included in the archives of -the Lexington Historical Society. Mr. McSweeney came into the meeting at 9:48 p.m. and was requested to contact the Chairman of the School Committee and invite him to send a representative to the Traffic Safety Committee meeting when an item of interest to the school department is discussed. 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 secu- rity, the financial interests of the Town or the reputation of a person. After discussion of matters concerning land, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:12 p.m. A true record, Attest: 72.2 33o Traffic Committee School Rep. Executive Session E ecutive Clerk, Selectmen 3.36 Lexington Gardens Cary Hall Order of Taking Baldwin Concord Ave. SELECTMEN'S MEETING November 19, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 19, 1973, 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/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell discussed the license granted by the Board on October 15, 1973 to Lexington Gardens, 544 Lowell Street, for an addi- tional 15,000 gallon underground tank for storage of No. 6 heating oil to be used to heat the greenhouses. The decision of the Board that the tank was to be encased in a concrete vault had been appealed by the owner and the Board had agreed to reconsider. Mr. O'Connell recommended that the underground tank be encased in a polyethylene capsule, rather than a concrete vault, and this would take care of any possible leakage. Upon motion duly made and seconded, it was voted to grant permis- sion to Lexington Gardens, Inc., to install an additional 15,000 gallon underground storage tank on the premises at 544 Lowell Street, with the stipulation that the tank is to be enclosed in a plastic cap- sule. Upon motion duly made and seconded, it was voted to rescind the vote of October 15, 1973 that the additional 15,000 gallon underground storage tank be installed on the premises of Lexington Gardens, 544 Lowell Street, in a concrete vault. Mr. O'Connell discussed the energy crisis and recommended that the thermostat be set at 550 in Cary Hall and to have very limited use of the building. The thermostat in Estabrook Hall could be controlled when the room is used. Chairman Kenney: We would have to honor commitments we have made for the use of Cary Hall, such as the Masterworks Chorale in December, but we could ask the senior citizens to look for another place to meet. The Board agreed. Chairman Kenney said that Board sign the order of taking Avenue. Upon motion duly made and following order of taking: MIDDLESEX, SS. Town Counsel Cohen requests that the of the Baldwin land located on Concord seconded, it was voted to sign the COMMONWEALTH OF MASSACHUSETTS TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held this 19th day of November, 1973, it is 1 e3 I Selectmen's Meeting November 19, 1973 ORDERED: Whereas by vote adopted at Town Meeting duly called, warned and held on the second day of March, 1970, namely at an ad- journed session thereof duly held on March 30, 1970 and on the fifth day of March, 1973, namely at an adjourned session thereof duly held on March 27, 1973 in accordance with the provisions of law applicable thereto, the Selectmen were authorized on behalf of the Town of Lexing- ton to take by eminent domain, upon the request of the Conservation Commission of the Town of Lexington, for conservation purposes as pro- vided by Section 8C of Chapter 40 of the General Laws of Massachusetts, the land hereinafter described, and an appropriation of money was made therefor. WHEREAS, the Conservation Commission of the Town of Lexington has requested the Board of Selectmen in writing to take said land in fee simple by eminent domain. NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of the Town of Lexington, duly elected, qualified and acting as such, do hereby, pursuant to said vote and request and under and by virtue of the provisions of said Section 8C of Chapter 40 and Chapter 79 of the General Laws of Massachusetts, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee simple in the name and on behalf of the Town of Lexington for conservation purposes as provided by said Section 8C of Chapter 40 a certain parcel of land in said Lexington, bounded and described as follows:' A certain parcel of land situated on the southerly side of Concord Avenue, Lexington, Middlesex County, Massachusetts, the same being shown as "Sheet 11 Lot 96-A 26.39 Acres (in Lexington)" on a plan en- titled._'Plan.of land in Lexington, Mass.", dated April, 1973, by Barnes Engineering Company, Inc., to be recorded herewith, bounded and described according to said plan, as follows:' Beginning at the southwesterly corner of said parcel at the Lexington - Waltham town line; thence N 170 04' 02" W in part by a stone wall, 199.44 feet, to a drill hole; thence N 15° 25' 43" W by a stone wall, 101.46 feet, to a drill hole; thence N 19° 49' 33" W by the same, 71.73 feet to a drill hole; thence N 150 56' 33" W by the same, 76.26 feet to a drill hole; thence N 15° 07' 43" W by the same, 24 feet to a drill hole; thence N 240 03' 23" W by the same, 11.60 feet to a point, thence N 17° 31' 23" W by the same, 78 feet to a drill hole; thence 338 Selectmen's Meeting November 19, 1973 N 39° 12' 13" W by the same, 91.61 feet to a drill hole; thence N 43° 56' 43" W by the same, 64.75 feet to a drill hole; thence N 17° 45' 43" W by the same,62.90 feet to a drill hole; thence N 15° 34' 23" W by the same, 39.17 feet to a drill hole; thence N 17° 45' 53" W - by the same, 191.65 feet to a point on the southerly sideline of Concord Avenue; thence N 62° 42' 02" E by Concord Avenue, 9.12 feet to a stone bound; thence N 62° 09' 02" E by the same, 71.15 feet to a stone bound; thence N 62° 09' 02" E by the same, 551.76 feet to a stone bound; thence N 78° 04' 18" E by the same on a curved line, 291.77 feet to a stone wall; thence S 14° 01' 24" E by said stone wall, 36.04 feet to a point; thence S 03° 25' 56" E by the same, 26.42 feet to a point; thence S 09° 57' 36" E by the same, 87 feet to a point; thence S 03° 51' 16" E by the same,84.69 feet to a point; thence S 04° 59' 16" E by the same, 37.53 feet to a point; thence S 18° 55' 56" E by the same, 144.14 feet to a point; thence S 07° 49' 44" W by the same, 111.49 feet to a point; thence S 11° 02' 46" E by the same, 15.99 feet to a point; thence S 44° 04' 26" E by the same, 18.32 feet to a point; thence S 70° 10' 06" E by the same, 50.73 feet to a point; thence S 72° 46' 26" E by the same, 205.88 feet to a point; thence S 73° 29' 56" E by the same, 87.03 feet to a point; thence S 66° 28' 30" E 331.84 feet to a point in a stone wall; thence S 02° 44' 56" E by said stone wall, 233.59 feet to a point; thence S 34° 58' 24" w by the same, 167.59 feet to a point; thence Selectmen's Meeting S 38o 53' S 46Q 31' S 74° 44' S 84° 39' N 82° 17' N 790 18' S 05° 40' S 02° 24' S 14° 37' 54" W by the thence 24" W, by the thence 04" W by the thence 54" W by the thence 16" W by the thence 26" W by the thence 54" W by the thence 26" E by the thence 14" W by the same, 86.63 feet to a Lexington -Waltham town line; along said town line, 458.03 of beginning. according to said plan, 26.39 Acres. same, same, same, same, same, same, same, same, 339 45.41 feet to a point; 39.59 feet to a point; 31.12 feet to a point; 30.47 feet to a point; 62.47 feet to a point; 427.21 feet to a point; 122.50 feet to a point; 94.71 feet to a point; S 66° 49' 37" W Containing November 19, 1973 point on the thence feet to a point All trees upon said parcel and building and structures affixed there- to are included in the taking. We have awarded damages by reason of the taking hereby made to Althea B. Sadler, Trustee of Florence Baldwin Trust, under Trust Agree- ment dated May 26, 1967, recorded with Middlesex South District Deeds, Book 11343, Page 113, in the sum of Ninety -Two Thousand Dollars ($92,000.00). In so awarding damages, we halve awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest lin said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof. WITNESS our hands and seals in said Lexington the day and year first above written. Town of Lexington By Allan F. Kenney Fred C. Bailey Alfred S. Buse Natalie H. Riffin Sanborn C. Brown 340 Selectmen's Meeting November 19, 1973 Chairman Kenney requested the Board to sign the contract, awarded Buckman on September 17, 1973, for work on the rear shed at the Buckman Tavern Tavern. Rear Shed Upon motion duly made and seconded, it was voted to sign the con - Contract tract with R & M Wood Products, Inc., 27 Faneuil Street, Brighton, for repair and control work on the rear shed at Buckman Tavern, in the amount of $7,725.00. The Board discussed taxi licenses. Chairman Kenney: You will recall that when we voted an increase in the taxi rates (effective October 1, 1973), it was with the condition that all cabs operating within the Town of Lexington shall be identified as taxis and shall be metered, and no other vehicles except taxis shall park in the street; also, none, except taxis, shall perform taxi duties. We had a meeting with Mr. Zimmerman and he said he fully understands. Chairman Kenney to Mr. Cohen: Mr. Zimmerman said that he has some Taxi Cab vehicles that are used for school use, and we no longer recognize Licenses liveries. Mr. Cohen: Those licenses have expired. Chairman Kenney: He has a regular fleet that he uses for Town school work. Mr. O'Connell: I think there are twenty-eight; he mentioned he had seven he used exclusively for Lexington and the others are used part time in other towns. Mr. Brown: What about metered cabs going to the airport? Chairman Kenney: Only metered taxicabs are to be used for this purpose. Mr. Busa: Is he using our streets and our parking lots? Chairman Kenney: The matter was discussed and Mr. Zimmerman contends that he parks none overnight. He maintains that drivers may be there between school runs. At our meeting, we said that if he had to park temporarily he is to park down in the back of the parking lot. Mr. Busa: I object to a business parking there; he should pro- vide his own parking facilities. Chairman Kenney: We made him aware of the fact that we are watching his vehicles in the. lot. We will have to continually moni- tor him. The Board agreed. Upon motion duly made and seconded, it was voted to sign the following taxi licneses, which will expire on May 1, 1974: 81 Woburn St. Corp. Lexington Taxi Co., Inc. d.b.a. Minute Man Cab Company Taxi Registration 1051 Taxi Registration 1053 1052 1054 452 470 Selectmen's Meeting November 19, 1973 81 Woburn St. Corp. Lexington Taxi Co., Inc. d.b.a. Minute Man Cab Company Taxi Registration 453 471 5349 5354 5356 Taxi Registration 472 483 485 486 5352 Chairman Kenney read a letter from Donald W. Thomas, President of the Belfry Hill Neighborhood Association, recommending the improvement of street and sidewalk conditions in the Center. A report was read from the Director of Public Works/Engineering stating that cost estimates for the 1974-75 are being prepared and they include sidewalk and curbing improvements for Clarke Street, Muzzey Street and Massachusetts Avenue on the south side from Wallis Court to Clarke Street. These three projects are expected to be $75,000 to $100,000. The Board agreed to send a copy of the report to the Belfry Hill Neighborhood Association and to thank them for their recommendations. Upon motion duly made and seconded, it was voted to grant the re- quest of the Knights of Columbus for an extension of hours under the Club liquor license on New Year's Eve to 2:00 a.m. Chairman Kenney read a notification from the Sheraton Lexington Motor Inn of a change in Manager, Mrs. Evelyn Gillespie. Upon motion duly made and seconded, it was voted to sign a new liquor license for the Sheraton Lexington Motor Inn showing the change in Manager, Mrs. Evelyn Gillespie. Upon motion duly made and seconded, it was voted to request ap- proval of the Alcoholic Beverages Control Commission of the new Mana- ger of the Sheraton Lexington Motor Inn, Mrs. Evelyn Gillespie. Upon motion duly made and seconded it was voted to approve the minutes of the Selectmen's Meeting of. June 18, 1973. At 8:00 p.m., Mr. Hruby, Mr. Melbye and Mr. Power of the Lexing- ton Housing Authority met with the Board. Chairman Kenney: Because of the resignation of Mr. Temple Scanlon, we have the joint obligation to appoint a new member to the Housing Authority. We have been considering several candidates and because your other member, Mr. Rooney, is in the hospital, I would suggest that it would be to our mutual benefit to postpone until next Monday. Upon motion duly made and seconded, it was voted to recess the meeting with the Lexington Housing Authority until Monday, November 26, 1973, at 8:00 p.m. 34.1' Belfrey Hill Improve- ment K of C Liquor Sheraton Lexington New Manager Minutes Housing Authority appoint- ment 342 Chairman Kenney read a petition from residents of Banks Avenue concerning problems in the surrounding area. Such as open drainage pipe from Ames Avenue with a runoff of water extremely potent in oder. and infested with insects; dumping of rubbish and dead animals Banks Ave. in the wooded area; lack of police patrol in the area; no posting Petition of signs warning against penalties of fines for dumping in the area. After reading a report from the Director of Public Works, it was agreed to inform the residents of Banks Avenue as follows: "With reference to your petition concerning problems on Banks Avenue and the surrounding wooded areas, the Public Works Depart- ment has made an investigation and submitted the following informa- tion: The problem area is bounded by Carville, Tucker, Baker and Ames Avenue with Banks Avenue running from Carville to Baker and parallel to Ames and Tucker. It appears that when the four sur- rounding streets were developed, no consideration was given to the "back" land of which Banks Avenue is a part. Filling in these streets created a one -acre pocket. This portion of Banks Avenue is unaccepted. The area has a number of overtaxed sewerage septic systems that are leaking into this area and due to the characteristics of small lotting, the owners are incapable of refurbishing or replacing these systems. There is a request under consideration in the 1974- 1975 sewer budget for the remainder of Banks Avenue that will com- plete the sewer system in this area. If this should be approved, this could help in reducing the complaint of odors. There are two lots of land in this area that are owned by the Town and we have asked the Department of Public Works to specifi- cally police these lots and to post signs prohibiting the dumping of rubbish, etc. We questioned the Chief of Police regarding allegations of lack of police patrol and he informed us that he has had no com- plaints regarding this area. If you have any specific problems, we respectfully request that you bring them to the attention of the Chief of Police. In reviewing the residents' petition, we find that the Town did not contribute in any way in creating these nuisances and, there- fore, is not responsible for abating the problems. We feel that by taking the actions outlined above that the Town will be living up to its obligations." The Board discussed the list of uncollectable ambulance bills submitted by the Tax Collector for abatement. Uncollect- Chairman Kenney: We sent a letter to each one and informed him able that the bill should be paid and, if not, the list would be published Ambulance in the newspaper. We did add that we should be informed in writing Bills if there was a good reason for not paying the bill. Of the total of $387.00, we have received $22.00 for two bills and one name was re- moved from the list because of hardship circumstances. 1 Selectmen's Meeting November 19, 1973 The Board agreed to publish the list of uncollectable ambulance bills in the Lexington Minute -man. Upon motion duly made and seconded, it was voted to abate the following uncollectable ambulance bills. Name Luis Motaluan Edward A. Linehan Raymond Daniels Shirley Bennett Bruce!Campbell Tarry,L. Britton Richa#d Wilson Brucei& Laurie Campbell Robert McLaughlin Debra Stevens Rita Asare Richard T. Ward Donald Douty Richard Cronin Jean Holleran Carl Santoro Ms. Gloria McTigue Barbara Coburn Antonia Lograsso Brian Hurley Anthony Pilia Robert McTigue Mercedes Arena Richard Rand Christopher Caughey Christine Tobin Kenneth Toomey William Robinson, Jr. John King Nora Silver Christopher McNeece Linda Marlow Thomas!Maxner Lea Smith Harry Sweeney Virginia Mollica John Sheldon Ellen Duffey Robert :Briar Address 237 Cambridge St., Allston 286 Carlisle Rd., Bedford 143 Woburn St., Lexington 15 Nichols Rd., Lexington 198 Grove St., Lexington 1 Park Ave., Arlington 1380 59th St., Brooklyn, N.Y. 198 Grove St., Lexington 25 Brandon St., Lexington 125 Webster Rd., Arlington 40 Fairfield St., Watertown 3 Holden Ave., Brookline 180 Winter St., Lincoln 128 Lancaster Ter., Brookline 73A Second St., Framingham 29 Brandon St., Lexington 25 Meriam St., Lexington 26 Curve St., Lexington 2044 74th St., Brooklyn, N.Y. 32 Saddle Club Rd., Lexington 170 Pinehill Cir., Waltham 25 Meriam St., Lexington 239 Cambridge St., Allston 4 Claire St., Tewksbury 196 High St., Newburyport 74 Campbell St., Woburn 183 Woburn St., Lexington 43 Cedar St., New Bedford 49 Emmeline Ave., Waltham 15 Chase Ave., Lexington 77 Spring St., Lexington 25 Webster Rd., Lexington 462 Waltham St., Lexington 10 West St., Newton 38 Temple St., Arlington Battle Green Inn, Lexington 1628 Mass. Ave., Lexington 7 Diane Dr., Lexington 31 Milford St., Boston Amount $ 5.00 10.00 5.00 10.00 10.00 10.00 10.00 10.00 10.00 5.00 5.00 10.00 10.00 10.00 5.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 5.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 5.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 344 Bird Room Selectmen's Meeting November 19, 1973 Chairman Kenney read a recommendation from Dr. Howard Smith that the room in Cary Memorial Building known as the Bird Room be offi- cially changed to the Bicentennial Room. Mr. O'Connell: I would suggest that the matter be referred to the Trustees of Cary Memorial Hall. Mr. Brown agreed to talk with the Trustees. Members of the Town Meeting Members Executive Committee met with the Board. TMMA Chairman Kenney: We have invited you to meet with us to request Legislative that you appoint a Legislative Action Subcommittee. We are represented Committee by Representatives Cole and Cusack and Senator MacKenzie and, in the past few years, have been monitored by the League of Cities and Towns and the Massachusetts Selectmen's Association, and when something detri- mental to our Town comes up, we write to the Governor. Your committee could speak in the name of the elected Town Meeting Members of the Town and could notify top legislative leaders of our feelings. Mr. Scouler, TMMA: It is in all our best interests and the Execu- tive Board will cooperate and we will do our best. The Board thanked the TMMA members and they retired from the meeting. Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on Session 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 10:30 p.m. A true record, Attest: JAY' Executive Clerk, Selectmen Selectmen's Meeting November 26, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November 26, 1973 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/Engineering and Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, seven jurors were drawn as follows: Calvin Brandford Albert R. Kaufmann Helen W. Sizer Thomas L. Preziosi Christopher T. Douglas Louis Carmisciano Erwin Taenzer 2416 Massachusetts Avenue 84 Maple Street 52 Percy Road 12 Lockwood Road 353 Marrett Road 4 Brookside Avenue 11 Lantern Lane 345 Jurors Mr. O'Connell informed the Board that bids have been received on DPW equipment and he recommended that contracts be awarded to the following: Files Equipment Company, Acton, 1 paver truck in the amount of $3,295; Sawtelle Bros., Swampscott, 1 combination tractor -front end loader, in the amount of $6,494. DPW Truck Upon motion duly made and seconded, it was voted to award the Contract following contracts; Files Equipment Company, Acton, 1 paver truck in the amount of $3,295; Sawtelle Bros., Swampscott, 1 combination tractor - front end loader, in;.the amount of $6,494. Mr. O'Connell advised the Board that $5,388 had been received today as a favorable adjustment for 1972 Workmen's Compensation. Reim- bursement, after the audit for the previous year, compares with $4,800 Insurance for 1971. This is out of a $60,000 Workmen's Compensation budget level. Our performance is good but we have a long way to go, particularly in 1973 we see an increase in the number of preventable accidents, which are on the upswing in 1973. Mr. O'Connell informed the Board that he had issued an administra- tive directive regarding the Fire Department. As of November 23, Chief Spellman is to assume the full responsibility as Chief Engineer. Con- Fire Dept. currently, Police Chief Corr is relieved of his responsibility as Acting Administrator of the Fire Department, and Deputy Chief Fradette is relieved of his assignment as Acting Fire Chief. Mr. David Hughes has been designated to act on behalf of the Town Manager and work with Chief Spellman on assigned administrative matters. 34(6 Energy Crisis Selectmen's Meeting November 26, 1973 Mr. O'Connell discussed the conservation of energy. He had attended conferences conducted by the state and it is very clear that this committee has never had this kind of problem before. Lack of preparation decreases public confidence; the federal government is changing so fast they can't plan. The Governor is submitting legis- lation for emergency powers to deal with severe shortages. The state is recommending three levels of action - modest, severe and emergency planning measures. The Massachusetts League of Cities and Towns is helping distribute material on this. The state allocation is to administer control of heating oil and local government is not involved. However, the information now is that allocation is admin- istered by the state up to when the householder runs out of fuel, and then it becomes a local_'. problem. The recommendation is for form- ing a local energy group but, at this point, I can't see our group doing anything other than taking calls. They are going to attempt to have the state Civil Defence Agency handle the hardship cases. At this stage, I would attempt to form a local energy crisis committee. I, personally, believe we should step up our plans and put in motion actually the things we would do in the severe level; I believe we should be making plans for the emergency level operation. The short- est type fuel will be No. 4, there is a shortage of up to 50% being predicted. Cary Hall is the only one that uses it. We have a joint contract and the school has all the heavy oil; so the saving has to be in the schools. To meet the shortage, Lex- ington has to cut drastically in the schools to meet this emergency level. The recommendation of the committee appointed by the Com- missioner of Education was to not change their schools. I don't think this group has taken into consideration the tremendous amount of gasoline used on snow removal. It is our intent to take Cary Hall down to 55 degrees. We are working on vehicle use. We have investigated street lights and find that nothing can be done about them as they are tied in with the dis- tribution system to homes. Mr. Busa: The street light program is only 1% of energy. It would help by eliminating all the token Christmas lights and to urge the public to do so. I think there should be further restrictions on the use of public buildings to save heat and gasoline for public meetings. Mr. O'Connell: We may see a 15% to 30% increase in our con- tract and we will be expected to reduce our consumption of gasoline; if we haven't made reductions in the use of gasoline, we are in trouble. On snowplowing priorities, #1 is plowing the streets but the question is how much snow hauling is essential? This is where tremendous amounts of gasoline are used. I will come back with further recommendations if we go from modest to severe use. Mr. Brown: Do we have a record_of'the amount of gas we use just for snowplowing? 1 347 Selectmen's Meeting November 26, 1973 Mr. McSweeney: Yes. Mr. Brown: So if we were to cut down, on the basis of 1972 we would know what we would use in 1973. Mr. McSweeney: Yes, but we didn't have much snow last year. Chairman Kenney to Mr. O'Connell: We would expect you to bring us the figures. Mr. O'Connell agreed. At 8:00 p.m., Mr. Hruby, Chairman pro tem, Mr. Melbye, and Mr. Power of the Lexington Housing Authority met with the Board: Mr. Scanlon Executive Director was also present. Chairman Kenney read the notice of the joint meeting which was in- serted in the November 8 issue of the Lexington Minute -man. Housing Chairman Kenney said that the joint meeting is being held with the Authority five members of the Board of Selectmen and three members of the Lexing- ton Housing Authority (the fourth member, Joseph Rooney, is in the hospital) to elect a member to fill the vacancy on the Housing Au- thority caused by the resignation of Temple E. Scanlon on October 25, 1973. We have received recommendations from the Lexington Commission on Suburban Responsibility for Helena R. Butters and Richard K. Eaton as nominees. Nominations are now open. Motion made by Mr. Brown and seconded by Mrs. Riffin to nominate Richard K. Eaton. Motion made by Mr. Busa and seconded by Mr. Bailey to nominate G. Richard Beamon. Mr. Power: There is a question I raised privately that Mr. Beamon has been serving as insurance broker for the Authority over the past several years and I thought it would be appropriate to ask Town Counsel's opinion as to whether it causes a conflict of interest. Chairman Kenney: Several weeks ago, I asked Mr. O'Connell to look through the names of people who had indicated a willingness to serve and he prepared a list of 6 or 7 names; Beamon was one of them. I called Mr. Beamon and he said he was agreeable. I found out he worked for Otis Brown at the rate of $160 a year; I called Mr. Beamon and he said, if elected, he would resign before being sworn in. Mr. Cohen thought it would leave him in a very clear position and Otis Brown & Co. would withdraw as the Insurance Company. Mr. Power: So the agency will resign? Chairman Kenney: Yes. Mr. Hruby: Your discussion is very apropos as insurance is placed at the state level for the Housing Authority, and then they find a broker in each community and they do get a small percentage and this is the fee Otis Brown received. The insurance is placed the first part of the year and comes up the first part of this year. Will they parti- cipate? Chairman Kenney: We would ask Mr. Beamon to put it in writing before he is elected. Are there any further nominations? 348 Selectmen's Meeting November 26, 1973 Hearing none, Chairman Kenney declared the nominations closed. Mrs. Riffin: The two nominations from LCSR were unanimously voted and I would like to read them the letter, "Richard K. Eaton is of the subcommittee on housing, which is gathering information and will promote public discussion of housing issues in Town. During his thirteen years as a Town Meeting Member, he has often demonstrated his deep concern about the need for more variety in the housing offered in Lexington. His work for the Raytheon Corporation has involved him in building design, space use, and building maintenance, as well as personnel work. Thus, he would bring an extensive body of expertise to the Authority. Mr. Eaton has reached retirement age, which would make his presence particularly appropriate with respect to the elderly, and which makes him free for some daytime activity. The Commission has been working with.the Housing Authority on the matter of developing scattered site subsidized housing, pursuant to the passage of Article 38 of the 1972 Annual Town Meeting. We are hopeful that whoever is selected to fill the vacancy on the Authority will be a person who will carry that development forward." I think these are the sentiments expressed often at Town Meeting and he is an advocate of broad spectrum of housing. Mr. Power: My statement would concern what I envision to be the needs of the Housing Authority. I have no objection to Mr. Beamon but the Housing Authority is at the point in time where it is finishing the custodial stage. We have built two large developments and have served as renters and engineers of the property and we could use the type who has commitment to optional housing policies and work with these policies. I think the selection of a man like Mr. Eaton at this time would be of greater benefit to the Town. I can't speak more urgently for the need of the input of the Housing Authority at this time. We haven't gotten far except in a program for the elderly and it is time for a person like Mr. Eaton to serve, and I recommend him to the Board. Chairman Kenney: They both are good candidates; they are both Town Meeting Members and have the Town's best interests foremost in their minds. To choose either way could be beneficial and the people will de- cide in the spring. Any further comments? None Chairman Kenney: We will go by voice ballot. Mrs. Riffin, Mr. Brown and Mr. Power voted for Mr. Eaton. Mr. Kenney, Mr. Bailey, Mr. Buse, Mr. Hruby and Mr. Melbye voted for Mr. Beamon. Chairman Kenney: It appears that G. Richard Beamon is elected. Upon motion duly made and seconded, it was voted to appoint under G.L. Chapter 41, section 11, G. Richard Beamon a member of the Lexing- ton Housing Authority, until March, 1974. Mr. Hruby: When does the appointment become effective? Selectmen's Meeting November 26, 1973 Chairman Kenney: As soon as he is sworn in by the Town Clerk. I would say he would be sworn in tomorrow. We will notify Mr. Beaman of his appointment --and request that he come to the Town Clerk's office tomorrow morning to be sworn in. Mr. Hruby: On behalf of the Housing Authority, we would like to thank the Board of Selectmen for its assistance. The Lexington Housing Authority retired from the meeting. Chairman Kenney discussed requests for street lights. We tabled the memo from Mr. McSweeney concerning these requests pending a report from the Town Manager regarding the amount of energy used for street lights. These requests have been initiated by the residents of these streets. If we are going to conserve energy, it should be on a towns-:. wide basis. Mr. O'Connell: I would suggest looking at places like our parking area and the Clarke Junior High School, and leave the streets alone. Mr. Bailey: I would suggest we try a tradeoff with Boston Edison, such as some of the streets for places like Clarke Junior High. Mr. O'Connell: We have had a letter from a resident asking why a street light is on all day. This is an Edison Company maintenance problem as it is a defective photocell. We pay so much per light per year. Chairman Kenney to Mr. O'Connnell: You and Mr. McSweeney look at areas where lights should be on for the entire night. The Board agreed that the matter should be discussed with Boston Edison. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration: Alfred S. Busa Cornelius P. Cronin John W. Maloney Anthony L. Mancini Richard A. Michelson Stephen M. Politi Robert E. Reynolds 38 Circle Road, Lexington 14 Utica Street, Lexington 157 Emerson Road, Lexington 115 Reed Street, Lexington 54 Asbury Street, Lexington 25 Deering Avenue, Lexington 3 Forest Street, Lexington "Lexington Bicentennial Corporation" Robert A. Harris Martha C. Wood P. David Holleman .Eugemia7Kaledin Daniel E. Power Harold T. Handley 11 Lexington Avenue, Lexington 51 Gleason Road, Lexington 15 Richard Road, Lexington 5 Watson Road, Lexington 2246 Mass. Avenue, Lexington 1888 Mass. Avenue, Lexington Anthony L. Mancini 115 Reed Street, Lexington "Lexington Bicentennial Monument Corporation" Street Lights Cert. of Incorp. 350 Cary Hall Fire Horn Poles Elks New Years Dogs Mystic Valley Council for Children Selectmen's Meeting _ November 26, 1973 Howard E. Norris 9 Great Rock Road, Lexington "Middlesex County 1975 ,Festival Week Committee Inc." Chairman Kenney informed the Board that letters havebeen received from Mr. Beattie and Mr. Brown of Fletcher Avenue complaining that the sounding of the fire horn on Cary Hall is a disturbance to the neighbor- hood. They especially_requested the discontinuance of the 7:00 a.m. signal and raised the question of noise pollution which they want the Board of Health to look into. After discussion, the -Board agreed to eliminate the 7:00 a.m. signal. Upon motion duly made and seconded, it was voted to suspend the sounding of the 7:00 a.m. sounding of the fire horn located on the Cary Memorial Building. Upon motion duly made and seconded, it was voted to approve the re- quest of the New England Telephone Company for transfer of ownership of: poles to Boston Edison Company at the following locations: Waltham Street: Easterly, from Marrett Rd., approximately 11 ft. one pole. Marrett Road: Southeasterly, approximately 21 ft. from Waltham St. one pole. Upon motion duly made and seconded, it was voted to approve the re- quest from Lexington Lodge No. 2204 Elks for an extension of hours under the Club liquor license on New Years Eve to 2:00 a.m. Chairman Kenney read a letter from C.C. Hanson, 905 Massachusetts Avenue, complaining -about continual barking and trespassing on property by dogs. Mr. Brown: The effective control law was passed five years ago. Mr. Bailey: I would suggest that we write Mr. Hanson that we have a By -Law and its enforcement is effective but perhaps not perfect. That is all we can do now. The Board agreed. Chairman Kenney read a letter from the Mystic Valley Council for Children requesting the appointment of a representative of the -Board of Selectmen to theCouncil. Mr. Bailey: This Council will have 55 people on the Board of Directors. Mrs. Riffin: Chapter 766 will go into effect next September and as the School Committee meets with the Office for Children I think it would be appropriate for a member of the School Committee to be the representative. The. Board agreed to contact the School Committee and recommends that a member be appointed to the Mystic Valley Council for Children. 1 1 1 351 Selectmen's Meeting November 26, 1973 Mr. Bailey informed the Board that there has been another bad Traffic accident at the intersection of Hayes Avenue and Meriam Street. Hayes & The Board agreed to request the Traffic Safety Committee to look Meriam Sts. into the situation again. The Board discussed the hearing held on November 12, 1973 to con- sider whether the Class 3 license issued to John P. Carroll Co., Inc. should be continued in full force and effect or revoked for failure to comply with G.L. c. 140, s. 57-69 Chairman Kenney: The transcription by the public stenographer has been received. Mr. Busa: I was not not present at the hearing but, according to the Board of Appeals, a weekly inspection should be made by the Build- ing Inspector and if they are in violation the license should be revoked. 3 License After discussion, the Board agreed not to revoke the Class 3 license. Upon motion duly made and seconded, it was voted to deny the peti- tion of Thomas J. Costello, 36 Allen Street, for revocation of the Class 3 license under G.L. c. 140, s. 58, issued to John P. Carroll Co., Inc., 31 Allen Street, dated January 8, 1973. Mr. Busa abstained. The Board agreed to send the following letter to Attorney Joseph M. Cohen, 31 State Street, Boston, representing Thomas Costello and, also, to Attorney Edward Myles Ginsburg, One Boston Place, Boston, represent- ing John P. Carroll Co., Inc. Carrol Class "The Board of Selectmen hereby renders the following decision on -the petition of Thomas J. Costello for revocation of the Class 3 license under G.L. c. 140, s 58 issued to John P. Carroll Co., Inc., dated January 8, 1973 Pursuant to notice, duly advertised, a copy of which is attached hereto. the Board held a hearing on November 12, 1973. In addition to the parties, a number of abuttors and other parties living in the vicinity of the Carroll farm appeared and voiced nearly unanimous approval of the Carroll operations. On the basis of the evidence presented, the Board makes the following findings of fact: (1) John P. Carroll, Co., Inc., uses approximately one-two acres (hereinafter ".the locus") of the'Carroll farm as the temporary storage of junk automobiles under a special permit issued by the Board of Appeals dated June 5, 1973, a copy of which is incorporated in this decision by reference; (2) The locus is more than 1000 feet from Rte. 2 and more than 300 feet from the Trinity Covenant Church and the town's conservation land on Allen Street; (3) The locus, including the equipment and automobiles stored thereon, is not within ordinary view of the Trinity Covenant Church or the conservation land except for the boom of the crane, which when raised may be viewed from these locations. Selectmen's Meeting November 26, 1973 On the basis of the foregoing findings of fact, the Board rules as follows: 1. The area deemed to be covered by the Class 3 license is the locus rather than the Carroll farm in its entirety. 2. John P. Carroll Co., Inc., is not operating a "junkyard" or a "motor vehicle junkyard" on the locus as those terms are used respectively, in the town's zoning by-law and G.L. c. 140, s 59A. 3. The town's conservation land on Allen Street is not a park within the meaning of G.L. c. 140, s 59A. 4. Assuming that the conservation land is a park and John P. Carroll Co., Inc., is operating a motor vehicle junkyard within the meaning of G.L. c. 140, s 59A, the locus meets all of the distance requirements set forth in subparagraph (c) of G.L. c. 140, s 59A On the basis of the foregoing findings and rulings, the Board voted to continue in full force and effect the Class 3 license issued to John P. Carroll Co., Inc., and to deny the petition of Thomas J. Costello for revocation thereof." Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, 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. 10:20 p.m. A true record, Attest: 5)'f---C-ee-t-i-af-,-- Executive Clerk, Selectmen SELECTMEN'S MEETING December 3, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on December 3, 1973, 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/Engineering; and Mrs. McCurdy, Executive Clerk, were present. Mr. O ,'Connell recommended that Town Offices, except emergency ser- vices departments, be closed on Monday, December 24 but normal working Town hours be established on Monday, December 31. Offices Upon motion duly made and seconded, it was voted to close Town Christmas Offices on December 24, 1973. Mr. O'Connell discussed plans for the conservation of energy. All department heads have been requested to look at reductions in the use of heating oil and gasoline; these will be given to the Board next week. Regarding Cary Hall, it can be kept between 50 and 55 degrees; it is not safe to lower it more. We will cancel the use of Cary Hall except for priority needs. We are now looking at locating committee meetings at Town Offices on two evenings a week and, also, use the Visitors Center and the Police Building. Chairman Kenney: What about the Senior Citizens using Cary Hall? Mr. O'Connell: Now, they can get by but the next step would make it unusable as it would be 10 degrees lower. Chairman Kenney: Have you computed what we would save? Energy Mr. O'Connell: Cary consumes two-thirds of the heat the boiler Crisis puts out. You could consider acting on this next Monday. Mrs. Riffin; Could the small tots' program be in a school where it might be used anyway? Mr. O'Connell: Mr. Maclnnes advised me that the school depart- ment is devising a plan for little or no use of school buildings in the evening. We were told that Clarke Junior High would stay warm from the heating during the day. Chairman Kenney: Then we could probably put people there for evening meetings. Mr. O'Connell: In the Police Department, if there is a major re- duction in the availability of gasoline, they could only recommend decreasing the number of cruisers; in other words, reduce the level of service. In my opinion, that is only at the emergency level. We will have a specific set of regulations for DPW next week. They point out that under these conditions, all water and sewer instal- lations could be curtailed after December 15. They are taking a good look at snow operations, as this uses large amounts of fuel, especially in hauling. Chairman Kenney: We will take a further look and discuss it next week. r r� 5 Pallis Tax Title Poles Mass. Ave. Wallis Ct. Ambulance Abatements Common Victuallers License Selectmen's Meeting December 3, 1973 Mr. Cohen requested the Board to sign the deed conveying tax title lots 125-126 Sunset Avenue to James A. and Joanne L. Pallis. Upon motion duly made and seconded, it was voted to sign the deed conveying tax title lots 125-126 Sunset Avenue to James A. Pallis and Joanne L. Pallis, husband and wife as tenants by the entirety, 19 Hay- ward Avenue, for the sum of $1,000 plus $11.64 fortaxes for the portion of the remaining year, subject to easements and restrictions of record, if any, so far as are now in force and applicable to said land, and subject also, for a period of 99 years from the date hereof, to the restriction that for the purposes of building said land be com- bined with other land with the buildings thereon of the grantee known as 19 Hayward Avenue in said Lexington and that only one building, together with customary accessory buildings, shall be maintained on the combined lot. Upon motion duly made and seconded, it was voted to approve the petition of the New England Telephone Company for the transfer of owner- ship from joint owned poles to Boston Edison Company for 6 poles at the follow:. locations: Massachusetts Avenue: Massachusetts Avenue: Northwesterly, approximately 1 foot from Wallis Court - 2 poles. Southwesterly, from Wallis Court, northwest- erly side, approximately 174 feet - 4 poles. Upon motion duly made and seconded, it was voted to rescind the vote of November 19, 1973 to abate ambulance bills which have been paid by the following: Bruce Campbell Robert McLaughlin Christopher McNeece Harry Sweeney Virginia Mollica 198 Grove Street 25 Brandon Street 77 Spring Street 28 Temple St., Arlington Battle Green Inn $20.00 10.00 10.00 10.00 10.00 Chairman Kenney informed the Board that favorable reports have been received from the Board of Health regarding applications from Sutton Place, Inc., 399 Lowell Street (formerly James H. McManus Co.) and Arno's Associates, Inc., 321 Woburn Street d.b.a. Arno's Deli under new ownership of George Sergios. Sutton Place, Inc. requests the hours of 7:00 a.m. to 11:00 p.m. After discussion, the Board agreed that 10:00 p.m. was late enough for this area. Upon motion duly made and seconded, it was voted to sign the Common Victualler license for Sutton Place, Inc., 399 Lowell Street, with the hours of operation of 7:00 a.m. to 10:00 p.m. - 7 days. Selectmen's Meeting December 3, 1973 Upon motion duly made and seconded, it was voted to sign the Common Victualler license for Arno's Associates, Inc., 321 Woburn Street, with the hours of operation of 5:30 a.m. to 7:00 p.m. Monday through Saturday. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of July 2, July 16, July 30, 1973. CC r Minutes Chairman Kenney read a report from Mr. McSweeney, in reply to a request from Mrs. Kinney, 202 Waltham Street for a sidewalk in front of her property, stating that the Engineering Department is in the process of preparing a formal petition for house, .#202.Waltham Street and house #55 Winthrop Road, which will be sent to. Mrs. Kinney for signatures. As soon as the signed petition is returned, we will review our sidewalk appropriation to see if it is feasible to add this to our present con- tract for street and sidewalk construction. If feasible, 1 will report Sidewalk to the Board for approval. As a result of our review, we would recom- Waltham mend that the entire portion between Vynebrooke Village and Winthrop Street Road be constructed, either by including it in the 1974-75 budget or by voting it as an extra work order on Contract 73-6-E if the funds allow. The present walking area is hazardous in areas where no paved walk exists and in disrepair where there is paving and is used exten- sively. We might also recommend that future consideration be given to Waltham Street between Winthrop Road and Worthen Road. We estimate the cost for constructing the sidewalk from Vynebrooke Village to Winthrop Road at $9,000. Betterments would be assessed for this im- provement except where a paved walk presently exists. After discussion, the Board agreed to inform Mrs. Kinney that the Director of Public Works/Engineering has been instructed to make ar- rangements to install a sidewalk in front of her property at #202 Waltham Street. Mr. McSweeney is to come back to the Board if funds are available to install a sidewalk from Vynebrooke Village to Winthrop. Mr. O'Connell mentioned the sidewalk in front of 222 Waltham Street. Mr. McSweeney agreed to submit an estimate for next year's budget. Chairman Kenney read a report from the Traffic Safety Committee in reply to a letter from Mr. G. Robert Melber., 97 North Street, concerning traffic conditions at the intersection of Adams Street and North Street. Mr. Melber had requested two signs, yellow caution bands at the top of each hill approaching this corner, or the installation of blinking cau- tion lights. The report states the Department of Public Works/Engineering is being requested to locate two intersectional warning signs at the inter- section of North and Adams Streets. But major reconstruction would be required at the following .locations: Traffic Adams St, North St, e) ) 0.) Traffic Mass. Ave. Oak St. Liquor Package Goods Licenses Street Hearings Selectmen's Meeting December 3, 1973 1. At the intersection of North Street and Adams Street on the southerly Adams Street approach to North Street; 2. At the guard rail location on the Adams Street southerly travelled way between house #76 and #92 Adams Street. 3: On the Adams Street southerly approach near the intersection of Adams Street and East Street. Chairman Kenney to Mr. McSweeney: Do you think that we could apply for spot improvements for some of the Chapter 90 money? Mr. McSweeney: They use the term "highway safety" and the Com- missioner emphasized this. I don't know if it is all allocated. Chairman Kenney: We will inform Mr. Melber that two wareing signs will be installed at the intersection, and we will contact the State on the three areas for spot improvements. The Board agreed. Chairman Kenney read a report from the Traffic Safety Committee in reply to a request from Mr. Harvey Gray, 22 Tucker Avenue, for a traffic signal at the intersection of Massachusetts Avenue and Oak Street. The report states that this location could not make the warrant for a traffic signal and it is recommended that no action be taken at this time. Chairman Kenney: We could request Chief Corr to alert the crossing guard to be alerted to take the license numbers of violators. The Board agreed. A letter is to be sent to Mr. Gray informing him that this. location could not meet the warrant for a traffic signal. Chairman Kenney informed the Board that applications for rehewal of Package Goods licenses have been received, with a certified check for $1,500 from each store. Upon motion duly made and seconded, it was voted to sign the 1974 Package Goods license for the following: Mr. Busa abstained. Bermans Market, Inc. Busa Bros. Liquors, Inc. Lexington Liquor Mart Joseph Trani, Inc. Vinebrook Corporation 55 Massachusetts Avenue 131 Massachusetts Avenue 58 Bedford Street . 1775 Massachusetts Avenue 1700 Massachusetts Avenue The Board signed the forms notifying the Alcoholic Beverages Control Commission of the renewal of the licenses for the five.Package Goods Stores. Board members agreed to attend the hearing on 1974 streets'in Estabrook Hall on December 11 at 7:30 p.m. 1 1 1 1 Selectmen's Meeting December 3, 1973 The Board discussed a survey contract on the Porter Land, which has been requested by the Conservation Commission. Porter Upon motion duly made and seconded, it was voted to sign the contract Land with Joseph W. Moore for engineering services on the 20 acres of Porter land, not to exceed $2,000, to include field surveys and title research. Upon motion duly made and seconded, 1t 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, financial interests of the town or the reputation of a person. After discussion with the Conservation Commission, it was voted to go out of Executive Session. Executive Session The Appropriation Committee and Fire Chief Spellman met with the Board. Chairman Kenney: The purpose of this meeting is for Chief Spell- man to give an overview of the Fire Department as it stands today and projections for the future. Chief Spellman: I would like to show the necessity for additional manpower and give a resume of from 1963 to 1973. We had a complement of 14 men in 1963 and have a complement of 15 men in 1973. We now have 1,925 runs; our ambulance runs have increased from 425 to 725. Also, inspection services increased from 2,300 in 1963 to. over 6,000 in 1973. We inspect tanks, issue blasting permits,propane gas and oil Fire permits, do school inspections, commercial buildings, as required by Department law, and some single buildings. Chairman Kenney: You have an evening fire inspection of this building. Chief Spellman: Yes, we have evening inspection of Town Offices, Police Station, Cary Memorial Building, and the Libraries. We have had increased inspections since 1965 when it became necessary because of the growth of the Town, activity in the schools, and increased con- struction. Chairman Kenney: In 1970, didn't the Town Manager ask you to inspect these buildings? Chief Spellman: Yes; the men inspect the buildings under con- struction as you have more fires in buildings under construction. We have grass and brush fires but the number of outside fires has been reduced considerably. On mutual aid, we have assisted other towns 46 times and have given mutual aid to Arlington 32 times. On each shift, we have 15 men: A Deputy and a Dispatcher; 4 men on Engine 2; 1 on the Ambulance; 2 on Ladder Engine 2; 2 on the Rescue Truck; Engine 3 is used for mutual aid and Engine 5 for grass fires. In the Massachusetts Avenue Station, we have 3 men on Engine 1 and 1 man on Engine 4. During the vacation period, we run into problems and we operate Massachusetts Avenue with 3 men. We have 3 men on vacation at each time and have to call In off-duty men to man the stations. We had a bad year with sick leave. 358 Selectmen's Meeting December 3, 1973 Mr. Bailey: What is the figure? Chief Spellman: The figure is projected at $1,400. We have to cover 16- square miles and we are the largest of the surrounding towns in mileage. Based on population figures, Lexington is slightly less than half the full complement recommended by the National Fire Prevention Association. Mr. Bailey: Are all the towns working the same shift? Chief Spellman: All but one. For a population of over 25,000 there should be a total of 36 men on duty. For each position, it takes 4.41 men. Chairman Kenney: How many call men? Chief Spellman: We have approximately 9 men. Our problem is getting the men immediately. With an undermanned company, your hazards are greater and your injuries are greater. It is necessary for the Town to look ahead for its manpower. We are requesting 4 men this year, to increase from 15 to a complement of 16 men and that man will be in headquarters and would be assigned to the rescue truck or the ladder, or wherever he is needed; he would be capable of operating the ambulance. We have the finest ambulance service. Chairman Kenney: In 1963, you had 14 men and 15 men in 1973, but working hours decreased to 42 hours. In 1964, they were working 50.4 hours. Mr. Bailey: We built up to the point where we feel we need 16 men on a shift. We went back down when the hours were reduced and we are going back up. Chairman Kenney: In other words, we have made no significant progress. Mr. Bailey: We have regressed. Chief Spellman: I agree. 1 will say that the Town has kept the Fire Department well supplied with good equipment. Chairman Kenney thanked Chief Spellman for his presentation. Upon motion duly made and seconded, it was voted to adjourn at 9:55 p.m. A true record, Attest: Exdcutive Clerk, Selectmen 1 Selectmen's Meeting December 10, 1973 A regular meeting was held by the Board of Selectmen in the Select- men's Meeting Room, Town Office Building, on'Monday, December 10, 1973, at 7:30 p.m. Present were Chairman Kenney, Mr. Buse, Mr. Brown, and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Execu- tive Clerk. Mr. Louis A. Zehner, Town Treasurer, met with the Board to request approval of re -funding a bond anticipation loan. On October 1, 1973, we borrowed $200,000 as the initial construction cost of the sewer pro- gram, and that note matures on December 14, 1973. Interest on the original note was at 5.44 percent and the Harvard Trust Company was the original bidder. The low bidder on this loan is the Harvard Trust Com- Town pany at 4.79 percent with the loan dated December 14, 1973 and maturing Treas- on September 13, 1974. Permanent financing of the bond issue comes urer after June 30, 1974 and must be refinanced between July 1, 1974 and December 30, 1974. Upon motion duly made and seconded, it was voted to approve re- funding the bond anticipation loan of $200,000 with the Harvard Trust Company, dated December 14, 1973 and maturing September 13, 1974 at the interest rate of 4.79 percent. Mr. Zehner discussed the bids on the printing of the 1973 Town Report. Two bids were received, Semline, Inc., Braintree for $6,538, and the Acme Printing Company, Medford, for $6,430. Despite the vari- 1973 ance of $108, the recommendation is to award the contract to Semline, Town Inc. as this company has been printing the Town Report for seven years. Report have checked with Town Counsel Cohen and be informs me that although the State requires awarding to low bidders, it does not apply to municipalities. Upon motion duly made and seconded, it was voted to award the contract to Semline, Inc. for printing the 1973 Town Report at a base price of $6,538. Mr. O'Connell requested approval of a transfer in the amount of $I,900 to cover the purchase of storm windows for the new section of Transfer the Town Office Building, for the clerical office side of the Police Request Station, and replacing some on the corner of the older section of;the Town Office Building. Upon motion duly made and seconded, it was voted to request ap- proval of the Appropriation Committee for a transfer to Account 5250„ in the amount of $1,900 for storm windows. Mr. O'Connell discussed the use of Cary Hall. It requires 5,600 Energy gallons of oil per month to heat Cary Hall during December, January, and Cary Hall February and it is recommended that the Board vote that all reservations be subject to possible cancellation, and all groups be advised accordingly. 360 Energy Cary Library National Flood Insurance Selectmen's Meeting December 10, 1973 The Board agreed to cancel all reservations for Cary Nail ddring January and February. A letter is to be sent to the Cary Lecture Committee that they investigate other locations for the program scheduled for February. Also., the Senior Citizens are to be con- tacted and requested to make other arrangements for their meetings. Mr. O'Connell informed the Board that he had received a leiter from Mr. Bailey, as President of the Library Trustees, stating that they have examined their problem and do not feel that further reduc- tions in the use of energy in the library are feasible. The recommendation from.a consultant is not to take the building below 60 degrees. Also, the Trustees feel that now that travel has been cur- tailed, people would make more use of the library. Mr. O'Connell advised the Board that he had talked with thefederal agency regarding National Flood Insurance and was informally told that they didn't think Lexington had enough to warrant it. The Town will have to make a decision if we are going to apply and this would mean agreeing to support suitable action to adopt land use measures to control flooding. I understand that the federal government would make an engineering study and make these areas subject to flooding insurance on a 100 -year basis; then come back as to what measures to make people in the areas eligible for national flooding insurance. One of the things is the addition of a building permit, so perhaps it could in- volve Town Meeting vote; this could lead to some substantial commit- ments for the Town. Chairman Kenney: What is the net gain? Mr. O'Connell: The present owners of buildings in the Topket Swamp area would become eligible to take out national flood insurance at the rates calculated by the federal government.. If someone applied to a bank for a mortgage on a building within that area, until he met all the requirements under the insurance program, he could not get the mortgage because it would lie within the area designated by the federal government. Chairman Kenney: If we are talking about wet basements, wereally don't have a set of conditions which would warrant that type of insur- ance. The Board agreed. Chairman Kenney discussed the Lexington Golf Club sewer betterment Lexington assessments. In October, Mr. McSweeney informed us that there was an Golf Club old sewer betterment assessment of $1,400 which had been deferred but Sewer his department could find no record of it being deferred again after Betterments 1960, when the last known deferment had expired. The second sewer betterment was committed July 27, 1970 for $1,331.41 and was deferred by the Board on December 14, 1970 and expires on December 13, 1973. We have had a request for deferment of a sewer betterment which was committed on September 10, 1973 for $3,061.68. The Lexington Golf Club 1 Selectmen's Meeting December 10, 1973 has - paid the sewer betterment assessment of $1,400. On December 4, 1973, we received a letter regarding the betterment assessments of $1,331.41 and $3,061.68, stating that "they represent assessments of betterments to our vacant land along Hill Street for sewer lines run- ning away from the Club House toward Cedar Street. We seriously question this work being construed as a betterment to club property considering the use made of said land now and in the foreseeable future. To that end we have engaged legal counsel who will confer with the Town Counsel should such action appear warranted. Also, the Town Conservation Board is in the process of negotiating with us for a permanent easement of all Hill Street frontage which would forever pre- clude the use of land for housing. In view of the above, fairness seems to call for at least postponement of the listed charges until the matters referred to are brought to a conclusion." Chairman Kenney; read a report from Mr. McSweeney stating that this property has been properly assessed according to our usual standard procedures. I agree that if the complainant has a question of legal interpretation, that they engage legal counsel and confer with Town Counsel. The•same would hold true with regards to the perma- nent conservation easement along their Hill Street frontage, which they are negotiating with the Town Conservation Commission. This is a separate issue entirely, which has no bearing on.the implementation of the Betterment Act. Chairman Kenney: These are legally assessed betterments. Do you want to give them a deferment? The Board agreed to grant a deferment for three years. Upon motion duly made and seconded, it was voted, under the pro- visions of Chapter 159 of the Acts of 1950, to defer payment, without interest, of sewer betterment assessments in the amounts of $1,331,41 and $3,061.68 levied against the property located on lot 58/27 Hill Street, owned by the Lexington Golf Club. These deferments expire at the end of December, 1976 or until said land or any part thereof is built upon or sold, whichever event occurs first and this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold. Chairman Kenney read a letter from Mr. Joseph O. Rooney, Chairman, Lexington Housing Authority, requesting that the Town plow and sand the streets of Vynebrooke Village for the elderly. The letter also states that since Greeley Village has been opened in 1968, the Town has plowed and sanded the street, and the Housing Authority has plowed and sanded its sidewalks and entrance walks. We understand that this has not been done on a high priority basis as we do not have residents that have to be to work or school at specific times. We must be sure the road and sidewalks are cleared to permit access for emergency and ser- vice vehicles. A report was read from Mr. McSweeney stating that the. Authority's reference to Greeley Village being currently listed on our snowplowing Snow - Plowing Vynebrooke Village 362 Sewer E, Temporary Construction Easements Contract 73-7-E Selectmen's Meeting December 10, 1973 route came about as a decision of the Board of Selectmen in 1968. At that time, it was expected that the roadway within Greeley Village would be laid out and constructed to Town standards and voted by the Board to present to Town Meeting for acceptance. This was never followed up by the. Lexington Housing Authority. The reason for this was that the Town's policy is to plow public ways, unaccepted streets (open to public travel), Town -owned property, such as schools, libra- ries, town offices, cemeteries, parking and roadway areas. It not the town's policy to include in its snow removal operation private property such as churches, apartments, nursing homes, and businesses. There have been some exceptions made by the Board of Selectmen to the Town -owned policy by adding to our. snowplowing list the Mystic Valley Mental Health, Visiting Nurses, and the Red Cross. If the Board feels, after reviewing this report, that Vynebrook Village should be added to our snowplowing routes for that area, we see no problem in granting this request. Mr. O'Connell: They said they have no funds to maintain the roadway and there should be a clear understanding here. Snowplowing happens to be the first service that comes up. 1 am sympathetic to the need but I think this leads further to the question of mainten- ance. Also, I have had a call from Mr. Rooney to see if the Town will paint curb breaks. Chairman Kenney: I think your caution is. well founded but we will write a letter that the Town will clear out the roadway. Mr. McSweeney: I would also like the Board to know they have asked for markers to outline the driveway getting into the project. Upon motion duly made and seconded, it was voted to inform the Lexington Housing Authority of the following conditions regarding snowplowing of Vynebrooke Village: I. The Department of Public Works will plow the roadways only. It is not our intent to clear out the parking areas or the sidewalks. 2. We are assuming no responsibility for,the maintenance of the roadway. 3. It is recommended that the Lexington Housing Authority set up guide markers to outline the roadway. Chairman Kenney read: a recommendation from Mr...lames E. Chase, Town Engineer, to vote an intent to.take sewer and temporary construc- tion easments. Upon motion dulymade and seconded, it was voted an intent to take the following easements: 1. A 20 ft. permanent and two 15 ft. temporary easements for the construction of the Blossom Street interceptor between Blossom Street and Lawn Avenue. Selectmen's Meeting December 10, 1973 2. A 15 ft. temporary easement for the construction of sewer from Lowell Street to Summer Street. 3, A 15 ft. temporary easement for the reconstruction of the pumping station at Constitution Road. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering to abate the following water bills: A. Murray McAdam Gladys Wiggins Edwin Cox Joseph P. Waddieton Lexington Indoor Tennis Club 618-620 Mass. Ave. 26- 28 Bow St. 10 Tower Rd. 11 Norton Rd. $110.76 Wrong meter reading 46.77 " n 11 31.46 35.00 Meter taken out in '71 690.00 Wrong meter reading n 11 11 Water Abate- ments Upon motion duly made and seconded, it was voted to sign the re- quest from Secretary Davoren to approve the address at 2 Hayes Lane for the Certificate of Incorporation for Lexington Veterans of Foreign Wars, Inc. Cert. of Incorp. The Board discussed the request from the Town Clerk to eliminate Town precinct registrations prior to the Annual Town Election. Clerk Upon motion duly made and seconded, it was voted to approve the request of the Town Clerk to eliminate precinct registrations prior to the Annual Town Election and all registrations are to. be held in the Office of the Town Clerk. Chairman Kenney read a request from the Board prove the retirement of H. John Adzigian, Teacher. Upon motion duly made and seconded, it was voted to approve the retirement of H. John Adzigian, Teacher in the Lexington Public Schools since September 1, 1941, under Section 58 (b) of Chapter 32 of the General .Laws - Veterans' Section, effective as of November 15, 1973; funds to be used from Account No. 7825 -Non -Contributory Pension Funds, approved by the 1973 Annual Town Meeting. of Retirement to ap- Teacher Retire- ment Non -Con. Funds Chairman Kenney read a Tetter from Mrs. Edmund Bamberg stating that the Sisterhood of Temple Isaiah would like to hold a Fair and Flea Market this spring, open to the public, on Lincoln Field. Mr. O'Connell: You have turned the field over to the Recreation Co►,mittee, and l would recommend a Police detail. It was agreed to inform Mrs. Bamberg that the Board had no objec- tion to the Sisterhood of Temple Isaiah conducting a Fair and Flea Market at the Lincoln Street recreation area next spring but as the area is under the jurisdiction of the Recreation Committee it is recom- mended that a letter be written to the Chairman of the Recreation Com- mittee requesting approval of plans for the use of the grounds. Temple Isaiah Lincoln Recrea- tion Area 364 Precinct 3 Polling Place 1974 Liquor Licenses Buckman Tavern Change Orders Selectmen's Meeting December 10, 1973 Chairman Kenney read a request from Mrs. Grosser, Chairman Pre- cinct 3, for consideration of a change in the polling place at Bridge School. Chairman Kenney: The only alternatives would be Franklin and Clarke Junior High. Mr. O'Connell: The Board will recall that we recommended Clarke and didn't approve it because of the feeling of the School Committee. Chairman Kenney: What about the Franklin School? Mr. O'Connell: I can look into it. Upon motion duly made and seconded, it was voted to sign 1974 liquor licenses for the following (renewals) Common Victualler Address Lexington Enterprises'Inc. 27 Waltham Street Bora-Bora, Inc. 177 Massachusetts Avenue LeBellecour Restaurant 10-12 Muzzey Street Clubs Address Lexington Order of Elks 02204 959 Waltham Street Knights of Columbus Council 094 177 Bedford Street The Board agreed to approve Mr. Busa's request to sign change Orders for the Buckman Tavern. Upon motion duly made and seconded, it was voted to sign the follow- ing: Change Order No. 3 for repair and control work by Thomas O'Connor & Co. by deducting $17.00 from the contract, with'a new total of $85,231.81. The changes are: 1. Omit K13 insulation $900.00 Deduction 2. Additional painting requested 883.00 $ 17.00 Deduction Change Order No. 1 for repair and control work of rear shed by R.M. Wood Products, Inc. by deducting $76.00 from the contract, with a new total of $7,649.00. The changes are: 1. Omit painting of rear shed 2. Change sprinkler system $ 725.00 Deduction 649.00 $ 76.00 Deduction ' Boston Mr. O'Connell informed the Board that Boston Edison is willing to Edison Lot lease to the Town the lot behind their building on Massachusetts Avene. Chairman Kenney: We should look into preliminary estimates to see what it would cost for a parking lot The Board agreed. 365 Selectmen's Meeting December 10, 1973 Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, fi-nancial interests of the Town or the reputation of a person. After discussion of matters concerning safetymeasures for public school buildings, personnel, and 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: 1 Executive Clerk, Selectmen 3.66 SELECTMEN'S Meeting December 17, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 17, 1973, at 7:30 p.m. Chairman. Kenney, Mr. Buse, Mr. Brown and Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney opened the hearing on the application'of the - Minuteman Regional Vocational Technical School for permission to in- stall the following in underground vaulted concrete storage tanks: Two 15,000 gallons 04 fuel oil; one 8,000 gallons gasoline; one 1,000 gallons propane gas; one 1,000 gallons waste oil and one 750 gallons propane gas stored above ground. The hearing was advertised in the December 6 issue of the Lexing- ton Minute -man and notices sent to the abutters by the applicant. Mr. Alfred Cron, representing the Minuteman Regional Vocational Technical High School, and Penelope Beye, representing the School Architect, were present and explained the plans to the Board. MRVTHS Chairman Kenney to Mr. Cron: Do I understand that these tanks Fuel are already installed? Application Mr. Cron: Yes, the plans were approved by the Fire Chief. Chairman Kenney: You had no license to install the tanks. Mr. Cron: Our understanding was that we needed a license to keep the fuel. Mr. O'Connell: 1 talked to them about the application and, due to the size of the storage tanks, I believe I made it clear a license should be applied for. Chairman Kenney: It seems to me that the Board, as the licens- ing authority, would have something to say about the fact that they are already in.. Having gone that far with construction rather pro- cludes the licensing authority having anything to say. This is the first time we have had people coming in for a license for storage of Inflammable fuel when they have already installed the tanks. Chairman Kenney to Mr. O'Connell: Did you speak to them? Mr. O'Connell: I recall the discussion well over a year ago, about the need for vaulting and I spoke to several people, andi had one or two conversations with the architectural firm on the matter. Mr. Brown: Are these all vaulted? Mr. Cron: The oil tanks are vaulted and the gas and waste storage are vaulted; the propane tank is not vaulted. I had a conver- sation with Mr. O'Connell and Chief Spellman because of the watershed; they were vaulted in concrete to be waterproof. Maybe there was en error. 367. Selectmen's Meeting December 17, 1973 Chairman Kenney: 1 would emphatically say, sir, that you were in error. Mr. Cron: Two 15,000.gallon oil tanks sit in a vault and it is not covered over. There is a small building with propane tank, oxygen and acetylene tanks. We have two propane tanks for emergency lights, one propane tank for one of the stoves, and one is buried in the ground. Mr. Buse: Allthe tanks that were buried, were they Inspected? Mr. Cron: Yes, the architect had someone from the Fire Department inspect them. The gasoline tanks are not in place yet. Mr. Brown: There is one propane tank above ground? Mr. Cron: There is one in the building and one underground. Mr. Buse: Before we vote to grant permission, we should have them inspected. Upon motion duly made and seconded, it was voted to table the ap- plication of the Minuteman Regional Vocational Technical School for a license for fuel tanks. Mr. Cron: For the School Distrtct Committee, l apologize for the misunderstanding. Mr. Brown: There should be a. special report on oxygen and acetylene tanks being stored in the same building. Mr. O'Connell agreed to speak to Chief Spellman and ask for a comp- pieta inspection and a report to the Board. Mr. O'Connell discussed National Flood insurance. There is the question whether or not Lexington is flood -prone, and 1 would say it is flood -prone in a very limited way. Regarding Tophet Swamp, the Town would have to accept it as an area that floods, but it would not be easy to get mortgages on buildings in that area as there would have to Flood be state inspections made. insurance Mr. Brown: What about the Great Meadows? Although It is in Lexington, does this cover land not owned by the Town? Mr. O'Connell: I think. the Great Meadows would become Arlington under this. insurance. Mr. Brown: I think there is a question whether the Town is re- sponsible for land owned by another town. Mr. O'Connell: You can get the Army Engineers to say whether land is subject to flooding under their definitions. Chairman Kenney: We can read this application and come to the con- clusion that we can go no further. Mr. O'Connell: Yes. You can get the Army Engineer's survey Mr. O'Connell reported to the Board that today's ice storm pro- duced a large number of trees down and streets were blocked at times; ice there was'also considerable basement flooding and Toss of power. Storm Boston Edison has had four crews working up to 7:00 p.m. and they have been working closely with the Town crews in order to getthe system tsi Ambulance Bi11 New Year's Sheraton Lexington Inn Lexington Golf Club Selectmen's Meeting December 17, 1973 back in operation. We have alerted our disaster personnel in case some families have to be taken to warm buildings; cots will be set up in Cary Hall and a custodian will be on duty. The Board expressed appreciation to the Town Manager and Town De- partments for doing an excellent job during the severe storm. Mr. Cohen came into the meeting at 7:55 p.m. Chairman.Kenney read a request from the Tax Collector regarding an ambulance bill abatement. Upon motion duly made and seconded, it was voted to rescind the vote of November 26, 1973 to abate the 1971 ambulance bill of Kenneth Toomey, 183 Woburn Street, in the amount of $I0.00, as payment has been received. Upon motiOndu)Vreade.andi,seconded, it>was:voted to sign the Class 1 Motor Vehicle Licenses (renewals), as follows: Lawless Mawhiney Motors, Inc. Auto Engineering, Inc. . Colonial Garage, Inc. Patriot Ford, Inc. . Rowe Chevrolet, Inc. 581 Merrett Road. 436 Marrett Road 1668 Mass. Avenue. 409 Mass. Avenue 33 Bedford Street Chairman Kenney read a request from the Sheraton Lexington Motor Inn regarding New Year's Eve. Upon motion duly made and seconded, it was Voted to approve the request Of the Sheraton Lexington Motor Inn for an extension of hours under their Innholder Liquor License on New Year's Eve to 1:00 a.m. Chairman Kenney read a request from the Lexington Golf Club tor an extension of hours on New Year's Eve. Also, an extension.of hours on Fridays and Saturdays to 12:00 M. instead of. 10:00 p.m. • Upon motion duly made and seconded, it was voted to approve the request of the Lexington Golf Club for an extension of hours under their Club Liquor License on New Year's Eve to 2:00 a.m. Upon motion duly.made and seconded, it was voted to approve the request of the Lexington Golf Club for an extension of hours under their Club Liquor License on Fridays and Saturdays from 11:30 a.m. to 12:00 M. Upon motion duly made and seconded, it was voted to sign the 1974 Club Liquor License (renewal) for the Lexington Golf Club, with Dan Martinez as the new Manager. Upon motion duly made and seconded, it was voted to sign the appli- cation to the Alcoholic Beverages Control Commission for approval of the new Manager, Dan Martinez, of the Lexington Golf Club. 369 Selectmen's Meeting December 17, 1973 Upon motion duly made and seconded, it was voted to sign the 1974 Innho.ider-Liquor Licenses (renewals) for the Sheraton Lexington Motor Inn and the Battle Green Inn. The Board discussed applications for Common Victualler Licenses. Chairman Kenney: We have a part time inspector attempting to in- spect all of these places but there is a great deal of time involved and itis impossible for him to get to all of them. The Board agreed to write to all holders of Common Victealler Licenses and inform them that they will be under continuous inspection by the Health Inspector and subject to meeting the standards of the Board of Health. Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses for the following renewals: Arno's Deli Sutton Place, Inc. Danish House Woodhaven Country Store Alexander's Pizza Peking Gardens Kentucky Fried Chicken Regent Deli Denny's Restaurant Hancock Market Howard Johnson Minute Man Restaurant Brighams/Buttricks Brighams Dunkin Donuts Bora-Bora Pewter Pot Muffin House Friendly Ice Cream Corp. 321 Woburn Street 399 Lowell Street 1847 Mass. Avenue 424 ?Jarrett Road 180 Bedford Street 27 Waltham Street 211 Mass. Avenue 1729 Masi. Avenue 438 Bedford Street. 6 No. Hancock Street Route 128 1715 Mass. Avenue 34 Bedford Street 1777 Mass. Avenue 373 Waltham Street 177 Mass. Avenue 1710 Mass. Avenue 60 Bedford Street Chairman Kenney discussed the printing of the Warrant for the 1974 Annual Town Meeting. A quotation of $31.00 per page has been received from the Lexington Press, who has been printing the Warrant for many years and does an excellent job. Also, being conveniently located, we are able to work well with them in having proofs returned quickly, warrants sent to be addressed, then to the Poet Office for mailing - all in a matter of a short period of time. Upon motion duly made and seconded, it was voted to award the con- tract for the printing of the Warrant for.the 1974 Annual Town Meeting to Lexington Press, Inc., in the amount of $31.00 per. page. . Chairman Kenney said that the Board IS aware of the opposition of the abutters of Lincoln Street for the construction of a sidewalk. This was the consensus at the street hearings held last week. Common Victualler Licenses Renewals Printing Town Warrant Lincoln Street Sidewalk 370 LWoodland St. Sunny Knoll Avenue Filling Vacancies on Boards Selectmen's Meeting December 17, 1973 Upon motion duly made and seconded, it was voted to delete the Lincoln Street sidewalk from the proposed capital budget, No further consideration will be given. Chairman Kenney recommended that Woodland Street and Sunny KnoI.t Avenue be deleted from the proposed capital budget because Of opposi- tion expressed at the street hearings. Upon motion duly made and seconded, it was voted to delete Woodland Street and Sunny Knoll Avenue from the proposed capital budget. The Board agreed to consider Tewksbury Street and a portion of Wachusetts Drive - Fair Oaks to Prospect Hill Road for 1974 streets. Mrs. Margery Battin and Mrs. Elizabeth Clarke met with the Board. Mrs. Clarke: We asked to talk with you because of the problem of fit1ing_e vacancy on the School Committee. .We feel that having a special election is wasteful, and our first idea was to extend the period from 100 to 200 days. There have been many people concerned about it and other Boards felt they hadn't been consulted. Chairman Kenney: All we said was that we were going to insert it in the warrant. Mrs. Riffin: 1 did speak to thee.Chairman of the School Committee. Mrs. Clarke: 1 thought;,and there were other people that felt they would like to be consulted. Chairman Kenney: We intend to talk with people. Mrs. Battin: 1 think they wouldhave liked input before it was put into the warrant. Mr. Buse: Are you insinuating that 10,000 people be told before we can put an article in a warrant? Mrs. Riffin: -The warrant doesn't close until December 21. Mrs. Clarke: .1 have listed some alternatives, and there are alternatives to those. Some people suggested the matter should be studied. Mrs. Battin: 1 had checked in other towns and we came to conclu- sions that it might make more sense that rather than one article, to refer to a study committee of a Selectman, School Committeeman, and a Town Meeting member. There are a lot of people who would like to have input. Mrs. Clarke: 1 think it would be possible for study before. Town Meeting on whether to have.a broader article, but 1 have strong feel- ings if there is only the article put in. Chairman Kenney to Mr. Cohen: How broad could the article be? Mr. Cohen 1 think it could be broad enough. Chairman Kenney: We had primarily discussed the way it was done before by the School Committee and the Board of Selectmen. Mr. Cohen: There would be an amendment to the Town Manager Act and you have.to go to the Legislature; the article could be broad enough to include this. 371: Selectmen's Meeting December 17, 1973 Mrs. Clarke: My suggestions are: the old way, signatures -on nomi- nation papers, Special Town Meeting to elect from among nominees, elect the runner-up provided he had received 25-35% of the vote, extend the number of days for 6 months, the remaining 4 members of the Board fill the vacancy, a 7 -man Board and why fill at all if we have a 6 -man Board left. Mrs. Battin: We would like them to be thoughtfully considered. It concerned me that this is the one part of the charter that the voters voted themselves to fill a vacancy, and we ought to give them the right. Mr. Cohen: If you change this, you can always pet in the Act that it won't be until you put it in an election. Mrs. Clarke: Personally, I think it should include filling vacan- cies on the Board of Selectmen and the Planning Board. Chairman Kenney thanked Mrs. Battin and Mrs. Clarke for meeting with the Board. It was agreed to take their suggestions into consider- ation when the matter is further discussed. Mr. George Silverman, Capital Expenditures Committee, and Mr. Mitchell, Kingston, Whitman, Blaisdell, Dailey, and Perry of the Appropriation Com- mittee met with the Board. Mr. Silverman: We have made a reasonable evaluation of five years and have capital costs remain somewhat level. We have made certain pro- Budgets jections in prior years and we find sewers and water mains are in line; streets, sidewalks and DPW 100 percent of projection. The fact that saves us is the new fire engine is out and conservation has not made projections. We do this based upon what is spent in past years and based upon requirements submitted to us in prior years. Unfortunately, we have not had a good 5 -year overall on streets and sidewalks, and we are over. We asked the Engineering Department years ago how much it would cost to sewer the Town and how they could handle the engineer- ing, and that -was the basis for $600,000 for the sewer figure. At FY 1977, that level will drop in sewers to $100,000. You will recall last year we were looking for that kind of relief. Chairman Kenney: 1 want to emphasize the capability of DPW and all projects are out, they are all committed. We were running a year or a year and a half behind and most of them are built. Mr. Silverman: We would like to see what street projections are for the next five years and whether the kinds of figures we are maintain- ing are the kinds to anticipate - to see at what point we could antici- pate that roads and streets would be completed ;and, particularly resurfacing unaccepted streets, we would like to know how many streets are in that condition. Chairman Kenney: We started off with $140,000 and these are all betterment streets. Mr. Kingston: We carry $225,000 for streets, drains and traffic control. • Mr. O'Connell: I think the Board's intent is not very far from $100,000. The main addition is the attempt to cope with unaccepted streets and, if you identify these, you will find the Board is not very far from $100,000. 372 Selectmen's Meeting December 17, 1973 Mr. Whitman: We are saying how much do we want to have on the tax rate. Mr. O'Connell: That is not the category 1 was talking about. 1 am saying that this year, under unaccepted streets, for the first time there is under consideration for the Board to spend money to do minor improvements on unaccepted streets. This is a category we have not considered before and, if you separate that money, we are at $100,000 - 80 percent and 20 percent for unaccepted streets. Mr. Silverman: We have asked the School Department and the Recreation Committee for 5 -year projections. We are not going to have conservation in that we know of. How long do we have to maintain level? The operation budget continues to go up and people look at us. We have a small part of the tax rate. Mr. O'Connell: 1 told you we would do our best to get'a 5 -yam' projection. Chairman Kenney: People come in and ask for streets and then say they don't want them. Mr. Silverman: Our basic philosophy is that capital Items, if based upon valid need and requirement, ought not to be deferred because in delaying them it is only going to cost us money in future years. The only problem we run into is in DPW when we come to the crunch that we have to replace equipment. Mr. Whitman: We understand the new category but want to see what priorities are; I am not prepared to go ahead and vote priorities.. Chairman Kenney: We gave you the figures this year at the same time the Manager gave them to us, and there are going to be refinements. Mr. Kingston: We are saying we might agree if we see the 5 -year projection. . Mr. O'Connell: On DPW equipment, the fleet is going to age and I made the recommendation to go for $150,000 and, if the total budget would allow it, we should go to $200,000. i am making a forecast to you now that you have to see $200,000 worth every year. Mr. Whitman: What about Chapter 90 this year? Chairman Kenney: We have Hancock Street under the new rules which allows reconstruction of streets within existing layouts and width, and it would involve no trees and have all new drainage and all new sidewalks. Mrs, Riffin: I would like to comment that we have received two requests from conservation for opinions of value, which makes me think there may be articles. Mr. O'Connell: They have a plan for Hillside Avenue, and there would be a very modest figure to buy lots that are scattered in Town - owned lots. Chairman Kenney: Our proposal on streets will go down. We will have to get you in the future a 5 -year plan on equipment, and Mr. O'Connell and Mr. McSweeney will get that for you. Mr. Kingston: We would like a 5 -year plan on streets. Mr. Mitchell: We have completed our extrapolation of what the tax rate looks like for next year and came out with $79.00, and that is too much. $5.00 has to come off the list. Selectmen's Meeting December 17, 1973 Chairman Kenney: Where do you want us to get the $5.00 off? Mr. Mitchell: All articles outside of Article 4. Mr. Kingston: If you take it out, we are in agreement. Mr. Silverman: The problem is that everything turns to projects that come out in big chunks', and the problem is we are delaying expenditures for machinery items. There is nothing to be gained by deferring itmes this year. Mr. O'Connell: Of the $79.00, $55.00 is for local education and $24.00 for general government. We will be hit for the Minuteman School and this will add $2.00. Everybody .looks at the $24.00 and I think we should start looking at the $55.00. Chairman Kenney: Fundamentally, we have to stay with the plan. Beyond the overall view, does the Appropriation Committee have any com- ments on the capital budget? Mr. Mitchell: It is high Chairman Kenney: We will come back with you once more. Upon motion duly made and seconded, it was voted to go into Execu- tive Sessioh for the purpose of discussing, deliberating or voting on miatters Which, if made public, might adversely effect the public secu- rity, 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. The Board discussed funds for Chapter 90 -East Street. The State has informed Mr. McSweeney that bids came in higher than had been estimated and they are short about $19,000. The recommendation is to request.the Appropriation Committee for a transfer of $9,500 for East Street. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from the Reserve Fund in the amount of $9,500 for Chapter 90 -East Street. Upon motion duly made and seconded, it was voted to adjourn at 10:50 p.m. A true record, Attest: Executive Clerk, Selectmen 373 Executive Session Chapter 90 East Street 374 Jurors Spielvogel Sewer Betterment Deferment Watertown Pleasant Street Bushes Muzzey St. One-way SELECTMEN'S MEETING December 27, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Thursday, December 27, 1973, at 8:30 a.m. Chairman Kenney, Mr. Bailey, Mr. Busa and Mr. Brown; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering, Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, five jurors were drawn, as follows: Robert C. Senter Norman E. Newlands Norman L. Laschever Margaret B. Toomey John A. Oberteuffer 142 Bedford Street 49 Grandview Avenue 255 Emerson Road 182 Woburn Street 20 York Street Chairman Kenney read a request from Miss Christine H. Spielvogel, 97 Adams Street, requesting an extension of the deferment of sewer betterment charge previously granted to the former owner. A report from Mr. McSweeney was read recommending anextension as the house cannot be sewered by gravity but if at some time in the future the owner desires to connect by using a pump or .by private easement to another street, the betterment could then be assessed. Upon motion duly made and seconded, it was voted, under the pro- visions of Chapter 159 of the Acts of 1950, to extend the time for payment of $603.43 sewer betterment assessment levied against prop- erty owned by Miss Christine H. Spielvogel, 97 Adams'Street - lot 69/48, without interest, until said land is serviced by the sewer or until the expiration of three years from the date hereof, whichever occurs first. Chairman Kenney read a recommendation from the Traffic Safety Com- mittee that the bushes on an island at the intersection of Watertown Street and Pleasant Street be removed for sight distance purposes. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee and to instruct the Director of Public Works/Engineering to make arrangements for the re- moval of the bushes. Chairman Kenney read a recommendation from the Traffic Safety Com- mittee to make Muzzey Street one-way from Raymond Street to Forest Street for a trial period of 90 days; this is in addition to Muzzey Street being one-way from Massachusetts Avenue to Raymond Street. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee regarding Muzzey Street, and to instruct Mr. McSweeney to submit the date it becomes effective in order to advertise it in the Lexington Minute -man. Selectmen's Meeting December 27, 1973 Chairman Kenney read a recommendation from the Traffic Safety Com- mittee to prohibit parking on the easterly side of Bow Street from _ Massachusetts Avenue to the railroad tracks because it is too narrow if cars are parked there. Upon motion duly made and seconded, it was voted that the Traf- fic 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 01 the following: Location Bow Street Side From Easterly Mass. Ave. To Railroad Tracks Type Parking No Parking Chairman Kenney read a list of applications for renewals Victualler Licenses. Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses (renewals) for the following: Mario's Lexington Golf Club Hayden Skating Rink Brewster's George R. Reed Pharmacy Pine Meadow Country Club Geoffroy's Pharmacy 1733 Mass. Ave. 55 Hill St. 24 Lincoln St. 913 Waltham St. 1721 Mass. Ave. 255 Cedar St. 411 Waltham $t. of Common the 1974 r, 3 75 Traffic Bow St. No Parking Bow Street 1974 Com - man Victuallers Licenses Renewals The Board discussed the renewal of bond for the Executive Clerk of Bond Execu- the Selectmen, in the amount of $1,000. tive Clerk Upon motion duly made and seconded, it was voted to remove the re- quirement that the Executive Clerk of the Board of Selectmen is to be bonded. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of August 13, 1973. Chairman Kenney read a letter from the Planning Board stating that it had no objection to the transfer of the property at Hinchey Road to 115 Kendall Corporation. However, it is recommended that a hammerhead be constructed at the end of Hinchey Road to facilitate turnaround movements and to ensure adequate snowplowing radius. Mr. McSweeney: There is the question of who abandons an unaccepted street; the state said we own it but we have been unable to find this. Parcel 012 is an unaccepted way; there is a water main in there. I. would like to have an appraisal of 6,000 feet. Chapter 90 East St. a 37k; Executive Session Selectmen's Meeting December 27, 1973 The Board agreed that Mr. McSweeney is to get an appraisal. Chairman Kenney requested the Board to sign a Memorandum of Agree- ment with the State DPW of a portion of East Street. Upon motion duly made and seconded, it was voted to sign the Memo- randum of Agreement with the State Department of Public Works for Chapter 90 allocation for 1972 - 529,700; 1973 $45,686. 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 with representatives of Whitman & Howard of -a matter concerning litigation, it was voted to go out of Executive Session and resume the open meeting. Upon motion duly made and seconded, it was voted to remove from the table the application of the Minuteman Vocational Technical High School for storage of fuel. Mr. O'Connell: Since the Board tabled the application, the School came to the Fire Department asking for a permit to cover the storage of 6,000 gallons of propane gas for temporary heat for the building. The Fire Department informed them that anything over 2,000 gallons requires a license by the Selectmen. This could be a sepa- MRVTHS rate license, in addition to the license covering the original Gasoline application, and would expire in May. The deficiencies found in the License venting of the storage area for acetylene gas will be corrected with suitable exhaust fans and ducts; all electrical components are to be of the explosion -proof type. Upon motion duly made and seconded, it was voted to issue licenses to the Minuteman Regional Vocational Technical High School District for storage of the fol}owing tanks: Two - 15,000 gallons 04 fuel oil One - 8,000 gallons gasoline One - 1,000 gallons propane gas One - 1,000 gallons waste oil (all in underground vaulted concrete tanks) One - 1,000 gallons propane gas (stored above ground) Also, to issue a special license expiring May 31, 1974, for storage of 6,000 gallons of liquified petroleum for temporary heating. 1 1 1 1 Selectmen's Meeting December 27, 1973 Permission was granted with the understanding that the deficiencies found in the venting of the storage area for acetylene gas will be cor- rected with suitable exhaust fans and ducts; all electrical components are to be of the explosion -proof type. Upon motion duly made and seconded, it was voted to adjourn at 9:40 0.m. A true record, Attest: 727 Executive Clerk, Selectmen