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HomeMy WebLinkAbout197437S SELECTMEN'S MEETING January 3, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Thursday, January 3, 1974, 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. Mr. O'Connell informed the Board that the current Cherry Sheet has Cherry been received with a favorable distribution of $1,059,000; it 1s larger Sheet than the forecast on which the tax rate was set; special education figure is $493,000, rather than $293,000 and, also, additional lottery money. Mr. O'Connell said that the School Committee has advised that the School current personal services budget of the School Department can be re - Committee duced $300,000. The personal services budget was over estimated at Budget Town Meeting. This will have an effect of $300,000 being returned to E and D, which would have no effect on this tax rate but about $1.25 on the next one. Edison Storm Mr. O'Connell discussed last week's ice storm and said he had written to Boston Edison, on behalf of the Board, to thank them for the exceptional job. done. In turn, Boston Edison called him to express appreciation for the assistance of our Police and Fire De- partments. Mr. O'Connell discussed the energy crisis. A communication has been received from the Consumer's Council concerning the growing Im- Energy portance of establishing ancadvisory committee at the local level and Crisis he questions whether this committee could deal legally with a problem; however, there is a new law stating that a city or town may establish a committee for the purpose of investigation. "I don'tthink this town wants or needs an advisory commission." Chairman Kenney: I think the Board concurs with your stated opinions that, at this level, it is not something that would be desir- able for the town. The Board agreed. Mr. O'Connell advised the Board that a trial plan has been drawn Cary up on scheduling Town committee meetings on Monday and Tuesday evenings Hall in the Town Office Building. The Bicentennial Committee and the Chess Club will use the Visitors Center. Cary Hall will not be used for any meetings. Selectmen's Meeting January 3, 1974 Mr. O'Connell informed the Board that formal notification has been received from the Department of Labor and industries with the names of five approved arbitrators on the grievance of James McLaughlin, DPW employee. The procedure calls for each of the parties to indicate the relative acceptabilities of the cross -off practice. We will ask the advice of Town Counsel. Senator Ronald C. MacKenzie met with the Board. ,Chairman Kenney: The reason the Board asked you to meet with us is to give you the opportunity for an informal report on matter§ coming up an Beacon Hill which would be of particular interest to us. Senator MacKenzie: We had a special session and bills have been filed on the energy crisis. Members of the General Court feel we should wait for guidelines from Washington but 1 don't agree with this. The Secretary of Consumer Affairs is doing an outstanding job of trying to pull state resources together. Because of the weather, it is not a crisis yet; we have an amount of fuel oil and a shortage of gas: A lot will depend on the Governor and a lot depends on asking citizens to cut down on speed and turn down thermostates. 1974 is election year for the Governor and at one time I recall we had all kinds of bills go through. The major concern of Lexington, as well as Burlington and Bedford, is the Airport. A statement has been issued by Crocker Snow, Massachusetts Aeronautics Commission, but 1 don't see much new in it. Massachusetts Port says quite often that this is all very much in the future, and they hope there won't be major objection because of shorter runways, Mr. O'Connell: I agree with Senator MacKenzie that it has just been re -stated and it is the same proposal. Senator MacKenzie: They originally said they want four airports to take a share and they will go to Secretary Altshuler, then make recommendations to the Governor, and have the Port Authority make recommendations. To date, Massachusetts Port has said nothing. Secondly, 1 would like to have comments from your Board on Chapter 1078, the new collective bargaining law which goes into effect July 1. I don't know what amendments would be suggested by the Massa- chusetts Selectmen's Association. Chairman Kenney: This is one of the items I wanted to touch on. Now, our position is we have to really find out how it is going to work. We see certain problems arising, such as binding arbitration. It is now the law and at some time in the future we would be requesting our legislators to support or file amendments. Senator MacKenzie: I felt that members should not have the rights to strike. That is one you have to watch very carefully. Mr. O'Connell: It seems to me that one of the stated purposes of this law and other legislation is to keep management or professional employees from being a part of other collective bargaining groups. With this legislation in effect, isn't it time the State took a look at unusual Fire and Police Chiefs' salaries? 379 DPW Union Senator MacKenzie Legisla- tive Action 3SU Burlington Strip Selectmen's Meeting January. 3, 1974 Senator.MacKenzie: Quite often it is not looked at from the way another bill was passed. One reason for separating was for control; had calls from Lexington School Department as the administrators wanted to be in the union, and not be executives. Thirdly, I am concernedabout the reenactment of the Boston Tea Party and the massive problem of transportation, and I am convinced that the legislature has no handle on this. Speaking as a member of the Bicentennial Commission, we.haven't had sufficient meetings. The proposal-`tb acquire Mt. Greylock and Boston Harbor islands comes too late. 1 hope the state will take definite action and, if not, 1 would like to see Lexington, Concord and Bedford loudly proclaim. We are going to have tremendous problems and we should all join with the legislators. Chairman Kenney: We will be in contact with.•you.concerning that specific matter'during the upcoming months. You know our plans are contingent upon certain assistance from the federal and state government. Funding, initially, is'good and there are certain amounts of money for overtime, National Guard assistance, and for hospital. type aid. If it is not forthcoming, it would mean major reduction in our plans. Mr. Brown: Lots of people in Lexington are worried about your. sponsorship of the underpass at Route 3. It would be of interest if you would update these worried people. 1 Senator MacKenzie: They shouldn't be worried. The acres in Burlington to be developed were .considered on a master plan. When. I first learned of the bill being filed, 1 got,the bill killed in the senate. It was basically agreed at that timethat it was not a question of whether it would be.developed, and how. More informed citizens of Lexington had objections on anything that would holdup developing the land. It boiled down to - • 1. Whether that would adversely approach the watersupply of Bedford, D.N.R. finally said they would be against it.un- less there was adequate protection there. 2. Traffic: We asked questions of Burlington and they said. "we will take care of it." 1 -ignored that and killed the. bill again. Another thing, in order to develop there was.no buffer, and the bill,was stopped for the second year. The thing that happened was that'Burlington gave a buffer zone of 100 feet and Lexington did the same thing, to take by eminent domain for conservation purposes.. Mr. Brown: It is 10 feet in some places. Chairman Kenney: When we first discussed this, it was a.pera- mount issue'and the position of the Town was, obviously, we did not look forward to that land being developed, Particularly, beoause.of the traffic, we wanted to stop any access and we were concerned with the buffer strip. We were talking.about the density and 1 understand rezoning has changed the density. e `S Selectmen's Meeting January 3, 1974 Senator MacKenzie: I think the zoning laws now are as good as Lexington and Bedford's and 1 have put seven or eight suggestions in the bill. There will be a public hearing.. 1 think we have an amaz- ing bill and prior to issuance of the permit, the Department of Public Works would have a joint consultation with MAPC, DNR, and Burlington Planning Board as to the most feasible accessand location; the owners 'to provide DPW with preliminary environmental plans; DPW to have final approval of design construction and final, approval of con- struction. . Mr. Brown: When is it going to be made public? Senator MacKenzie: Within two or three weeks. Mr. Nordblom would like a meeting with the Planning Board and he promised to keep the building away from the buffer zone. Mr. Cohen: It would be nice for the Lexington residents to use influence to make sure future developers aren't going to the Burlington Board of Appeals to get a variance. Senator MacKenzie: I can't put it in a bill. Mr. Cohen: But you can ask the question. Senator MacKenzie: I will. The Board expressed appreciation to Senator MacKenzie and he re- tired from the meeting. Representative Lincoln P. Cole, Jr. met with the Board. Rep. Cole: I will present the Burlington bill from the standpoint of Lexington traffic, which is a big problem. If you refer to the Needles' report, they did a traffic analysis for that land and, if developed fully, would increase traffic on Route 3 about two-thirds; the -road would have to be widened or there would be a big traffic jam twice a day. When the bill was first filed, as long as I was in transportation it was unfavorable and the minimum time would be about five years. On the municipal bargaining law and the Chief's salary, as long as a Private goes up, the Chief's salary goes up. Chairman Kenney: We think that is a bad bill. Rep. Cole: You should be concerned with any bill where legisla- tion is forcing it down your throat. Chairman Kenney: We appreciate the way you voted but the Select- men are concerned at the Legislature which would impose financial conditions on the Town. Rep. Cole: Wev,try to put in Home Rule, so the Town may accept it. Chairman Kenney: On Hartwell Avenue, this is one of our prime areas of concern and we realize you have been working on Eldred Street, and maybe some progress is being made. Rep. Cole: The most direct way to resolve it is to meet with Commissioner Campbell. Mr. McSweeney: I have requested that meeting.. 382 'Hanscom Field Bonds Selectmen's Meeting January 3, 1974 Chairman Kenney: We will go back to Commissioner Campbell again. Rep. Cole: That was one commitment I couldn't get. They gave M8 an estimate of $900,000. Chairman Kenney: We estimated, with the structures, we could build it for far Tess than that. We'll definitely set up that meeting. Rep. Cole: Regarding Hanscom Field, they are trying to show that what is necessary is good surface transportation and that won't be until the 1980's. They are talking about high speed rail and if this is done there is no need for expansion of the airport. It .is too early to tell about the impact on the 'new bill the President.signed. Mr. King (Port Authority) assures me that -nothing is planned in the foreseeable future on expansion. Mr. Brown: I would comment on the Red Line extension. Peter Chalpin and I cover meetings. At one meeting with :Secretary .Altshuler, the notice we have is the Secretary of Transportation is expected to recommend to Governor Sargent that the extension to Alewife via Massa- chusetts Avenue was approved; the extension to Lexington was postponed. Is it your feeling that is a correct statement? Rep. Cole: It might be 1990. Mr. Brown: An important point of the meeting was that both Arlington and Somerville had opposed the extension to Alewife unless it went to Route 128, and this is a change in stance that it would go just to Alewife. Did the Governor recommend it go to Alewife? Rep. Cole: That is the only logical way to do it. The only money available now is $6 million for plans and engineering and there is no construction money. It is going to have tough sledding even going to Alewife. I don't think we will live to see it out here. have a meeting next week with MBTA. We have discussed earlier having mini -buses and we may have a couple of them in Town. As far as routes go, 1 would have to leave if up the the MBTA; I think it can be implemented. I have also asked for a couple of shelters.. Chairman Kenney: If they are available, we would want one or two in the Center but inform MBTA that they would have to go to the Historic Districts Commission. The Board expressed appreciation to Representative Cole and he retired from the meeting. Chairman Kenney requested the Board to approve bonds for Town Officials. Upon motion duly made and seconded, it was voted to approve the amounts of indemnity for bonds for the following: Treasurer - $124,000; Tax Collector - $131,000; Town Clerk - $2,800. WW1 Chairman Kenney informed the Board that a book:has been dis- Draft covered in the Selectmen's vault containing registrations under the Book Selective Draft Act of Congress of 1917. All Lexington .residents who had registered for service during World War 1 are listed. 383" SeleCtien's Meeting January 3, 1974 The Board agreed that Town Counsel is to Check with the.Town Clerk and, if itis not a part of the vital records of the Town Clerk, the book could be offered to the Trustees of Cary Memorial Library for dis- play in the Lexington Room at the Library. Upon motion duly made and seconded, it was voted,to sign the renewal of Common Victualler licenses for 1974, as follows Common Victualler • Common Victualler Lodging House Licenses Battle Green Inn La Bellecour Restaurant Folsom's Seafood Russell House Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on such matters which, if made public, might adversely affect the public Executive security..the financial interests of the town or the reputation of a Session person; After discussion of matters of financial interest, it was voted to go out of Executive Session.and resume the open meeting. Dr. Howard Kassler, Chairman, and Mrs. Angela Frick, Conservation Commission, met with the Board to discuss Conservation Articles for the 1974 Annual Town Meeting. Chairman Kenney: You have submitted sixteen articles including a stabilization article for $300,000. This year, we have tried to get our Capital Budgets done early. The Town Manager met with you and we were carrying something like $100,000 on land acquisition. The budget was submitted to Capital Expenditures and Appropriations Committees and we are trying to relate this to Town Meeting. Now, we have a com- mittee coming in with these requests. Dr. Kassler: Everything you say is right, except that you mis- interpreted the whole intent. The Town Manager and the Selectmen are aware that we were talking about a million dollar bond issue. Someone -from the Appropriation Committee mentioned that another approach might be a stabilization fund for future land acquisitions. We didn't have enough time to work on which approach would be successful; and both articles went in. We hoped:to work out an approach on land acquisi- tion rather than have it a sporadic thing from year to year. Even if we came in with no specific land this year, at least we thought it was clear to everybody that we wanted to set $300,000 aside this year. " Chairman Kenney: Why didn't you tell us and we would grind it in. Dr. Kassler: 1 sat down early with Mr. O'Connell and discussed it; also, with the Appropriation Committee, although not in much detail. Conservation Articles 3S4 Selectmen's Meeting January 3, 1974 Mr. O'Connell: I would point out that what is happening here is that the Capital Budget approach is breaking down when Dr. Kessler proceeds with the Appropriation and Capital Expenditures Committees. We have to have it before a certain time and that is the message I am trying to have understood. Conservation land will not be a major issue for 1975. The Commission emphasis will be on cleanup. Hillside Avenue will be a modest -size project under Capital Budget procedure, we have received no information from Conservation at any time, and you haven't submitted -`the $300,000 for the stabilisation fund. The first 1 heard was when I saw the sixteen articles in the Selectmen's office. Dr. Kessler: Mr. O'Connell's account is exactly right. At that time when we talked, we had very little in the way of positive land acquisition. However, what he hasn't told you was that when I left him it was with the understanding we would approach finance committees to seek the help of these people in the Town to develop the physical attitudes - approaches to Tong -range bonding for acquisition purposes. It was not the intent of Conservation to subvert the process. -We ore amateurs without professional help. We couldn't give you an Idea, even in July, as it is nebulous. Chairman Kenney: I won't buy it. If you were talking a major $300,000 item, you should have told us. The only figures we had from you were nominal. Dr. Kessler: We are talking about $3 million bonding over 10 years, which is $300,000. Mr. O'Connell: The Conservation plan for bond issue is not new; 1 endorse it but it could have been in two years. If it is nebulous, it is not ready for Town Meeting. It is the absence of any Indication, o and no figures have been mentioned tme. You can still have a bonding plan but it cannot have a bearing on the coming year. Chairman Kenney: You have circumvented the budget procedure. Mr. Bailey: We know it is our responsibility. To makesure:It is in, get it in writing. Mr. O'Connell: For the record, the Conservation Commission, to my knowledge, has made no capital requests in 1973. We have to operate in some organized system, not on the basis that he has talked to people. We have operated in previous years with a letter from Conservation Commission. Dr. Kessler: 1 made a mistake and I will accept full responsibility for doing so but 1 would Tike to know why somebody couldn't have picked up the telephone. • Chairman Kenney: We went on the basis of the Manager's report. Dr. Kassler: Why do we have Dave Hughes? Don't you have any feed- back? • Mr. O'Connell: 1 would point out that we had no awareness until the Selectmen's office received the articles. Dr. Kessler: Don't you read our minutes and don't we have your administrator? 1 1 1 Selectmen's Meeting January 3, 1974 Mr. O'Connell: He is not there for the purpose of reminding con- servation that it has not complied with the procedures. Chairman Kenney: We have a Capital Budget procedure and we have to follow it. Mr. Bailey: Why wasn't it important enough to make a Simple submission according to Capital procedures? Dr. Kessler: I did not think it was important enough. If the Selectmen would like to sit down with the Conservation Commission, I can explain the articles. If you felt we were coming in frith too much money, we.were perfectly willing to discuss the philosophy and prior- ities. We haven't made up our minds. Chairman Kenney: The most constructive thing we can do.now is to ask your Commission to re-examine articles for priorities. If you aren't prepared for some, we won't vote them. I haven't even heard of a stabilization fund. Mr. O'Connell: We still have a total Capital Budget determination to be made before Town Meeting on May 1. May I suggest that unless you want to change the law that it be done on that procedure. This law was not invented by the Town Manager. I would point out in terms of Town Manager cooperation, I put in what I thought was in anticipation of what Conservation was going to do. 1 only wanted the financial inform- ation that confirms what I ask for in money. There is money for the Hillside Avenue article. If that isn't cooperation... Chairman Kenney: When we started the preliminary Capital Budget, there was only a nominal amount there and I would have to have a strong story to change my mind. Dr. Kessler and Mrs. Frick retired from the meeting. Messrs.Howard, Greeley and Michelson of the Executive Board of the Bicentennial Commission met with the Board to discuss an Article on the rededication of the Battle Green. Mr. Greeley: The whole point of rededication of the Common is that it can be done by the Town. One of the things we are commemorat- ing in 1975 is the democratic action and that we are still the kind of Town that determines its own destiny, rather than something that is arranged by a committee. 1 would like to have the Town decide first whether it wants to have a rededication. Assuming it would, it would be healthy to have a discussion with you and on what terms we have it; to have citizen education and a school education project. To have Town Meeting, not the Selectmen, decide in a specific sense for what theyare going to rededicate the Common and to acquaint Town Meeting with the whole program to get background participation for next year. As far as 1 know, there is no legal objection to this and 1 think it should be taken seriously rather than casually. Town Meeting could speak on the process itself. Chairman Kenney: 1 didn't gather you were talking 1975 Town Meeting ratifying anything. 4310. Bicentennial Article 386 Selectmen's Meeting January 3, 1974 Mr. Greeley: There is a relationship of the time schedule to the physical, and I would much rather have Town Meeting take action in 1975. If we had a Special Town Meeting in the fall, and 1 am not recommending it, we would have time for physical participation. Chairman Kenney: My point is, is the article this year.necessary? Mr. Greeley: It is necessary to really notify the Town, and we want ToWn participation in it. It seems to me the right way is to ask the citizens in advance "Do you want to do this?" Mr. Bailey: It is better than waiting until Town Meeting: of 1975. 1 think it would be a mistake not to do something this year. Chairman Kenney: Your timetable is tight. _ Mr. Greeley: 1 know. We have appointed Rev. Handley to do back- ground work. Chairman Kenney thanked them for the informative meeting and - Messrs. Howard, Greeley and Michelson retired from the meeting. Upon motion duly made and seconded, it was voted to adjourn at 10: 10 p.m. A true record, Attest: Z. 717 acecutive Clerk, Selectmen 387 SELECTMEN'S MEETING January 7, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on. Monday, January 7, 1974, 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. Mr. O'Connell recommended that the Board take legal, official action to force the owners of the property at the Lexington -Burlington line from removing gravel from the Lexington side to the Burlington side. This area is being planned as a mini -shopping center. Mr. Cohen: We could go to court for an injunction. Chairman Kenney: We requested the Building Inspector to inspect the premises and it has been established as a fact that fill is being taken from our side to the Burlington side. Burlington •Mr. O'Connell: The owner isn't arguing the location of the line Arcade but alleged that he has the right to move fill on his property. Chairman Kenney: Selectmen Brown and I were both called on this and I asked Mr. O'Connell to send in the Police. Sgt. Hickey asked the contractor to stop the bulldozer and he agreed that he would, and would work elsewhere on the site. Today, I learned that, at the owner's in- struction, the project was being continued. I would like to go to court tomorrow for an injunction to "Cease and Desist" and to have the owner put the fill back and return the land to the original condition. Mr. Brown: Officer Day took pictures today when they started again and he has the numbers on the equipment. Mr. Cohen: You have to have them stop first; then, you can ask for relief. I think we can get an injunction. It seems to be a clear violation of the By-law. The Board agreed that Town Counsel is to take care of the matter and report back. Mr. O'Connell said that Board members are invited to a meeting, sponsored by the Massachusetts League of Cities and Towns, at the =Sheraton -Motor Inn on January 22. One of the topics will be Chapter 766 -Special Education Act, and Mr. O'Connell is to be on the Energy Panel. Chairman Kenney informed the Board that a letter has been received from Secretary Cowin of Administration and Finance concerning proposals State Sub - for sub -district groupings for State services. District Mrs. Riffin: Personally, I would choose Option I of the proposed Groupings sub -district group as we have more in common with the other municipal- ities in this area than in any of the other options. Cambridge and State Aid Highways Selectmen's Meeting January 7, 1974 Somerville are in this region and we have been planning the radial roads; Arlington is also related in this one, and we have a relationship in transportation (Red Line Extension), highway improvements (Route 2), the new. Vocational School, common Bicentennial planning, and many other mutual. efforts, such as human services, E.E.A., etc. Option .l is the "least worst". proposal. . The Board and Mr. O'Connell agreed. A letter is to be written -to Secretary Cowin that the Board unanimously prefers Option. 1 in the proposed sub -district group. Chairman Kenney read a notice from DPW Commissioner Campbell stating that the Governor had signed two bills comprising a $350 million comprehensive program of state aid to local communities for the improvement and operation of transportation services. It includes assistance for local highway, public transportation, and airport activities, and is the first comprehensive transportation measure in the history of the Commonwealth. For those municipalities outside the MBTA area, there is available a $25 million direct appropriation for assistance'in the operation and maintenance of local streets. Eligible items include highway related administrative expenses, salaries for local engineering, public works and police personnel en- gaged in traffic_operations, highway maintenance expenditures andihigh- way construction expenditures. This money is intended to reimburse municipalities for the cost of highway actiyities carried out between December 5, 1973 and December 31, 1974. You will receive a check ; before January 31, 1974 for your community's share, which should then be deposited in a separate account. It can be used by your munici- pality to reduce the burden of the local property tax on taxpayers through reimbursements for highway -related expenditures. In addition, all non-MBTA communities have been allocated a share of a $15 million highway bond authorization to be used for the construction, reconstruction, and resurfacing of local streets. Eligible items include sidewalk construction, landscaping, tree planting, roadside drainage, bridge, traffic control devices, bicycle paths, intersection construction, land takings, and related profes- sional services. In the case of these funds, a check for your community's share will be forwarded to you by January 31, 1974. You must deposit the check in a separate account and it may be appro-;�-+ priated by your municipality for highway projects in the above categories, which have received our Departmental approval. You should note that the legislature has specifically prohibited the utilization of these funds for the construction or resurfacing of off-street park- ing areas. Chairman Kenney: Our share is $207,984. Will this be shown on the Cherry Sheet as a Mr. O'Connell; Chairman Kenney some funding for road credit? Yes. to Mr. McSweeney: Do I understand there would be services in addition to this? 1 1 Selectmen's Meeting January 7, 1974 Mr. McSweeney: Yes; under Chapters 765, 90 and 81. Mr. O'Connell: I don't know how this will affect the forecast. Chairman Kenney: If we are fortunate and get the Chapter 765 money, we could allow it to be allocated on sidewalks. We could ask for Town Meeting approval. Mr. McSweeney: 1 have asked these questions and Mr. Kiernan (State he would be in touch with us. Board agreed that Mr. McSweeney is to pursue the matter with Department of Public Works. Brown: Yes. McSweeney: If we handle it that way, then we will be giving them some feedback. Chairman Kenney to Mr. Brown: You are asking for the Design Group to look at items a, b and c? Mr. Brown: Yes. The Board agreed that Mr. Bron is to contact the Design Advisory Board to discuss the connector road and fringe parking, and report back on arrangements for a meeting with them. DPW) said The the State Mr. The Board discussed the Metropolitan District Commission hearing on proposed increase in water rates and it was agreed that Mr. McSweeney would make arrangements to have a representative present to represent the Town. The Board discussed a letter from the Minuteman Regional Vocational Technical School District stating that no formai action with respect to adoption of a final budget has yet been taken by the regional school committee. Mr. O'Connell: This is in answer to your letter of December 12 tell- ing them we thought the figures were too high. Now, their figure of $423,000 (Lexington's assessment) is forecast at $376,000 but they point out that capital costs are not being included in the Town's school budget. The Lexington taxpayer is going to have to pay $4,800 per pupil. Chairman Kenney: I understand there is a finance committee made up of representatives of each district. Mr. Bailey, and Mr. Brown felt that a letter should be written to the Minuteman egional Vocational Technical School District stating that the Board is issatisfied because the "start-up" costs are too high. The and agreed. Up•n motion duly made and seconded, it was voted to go into Executive Sessia for the purpose of discussing, deliberating or voting on such matter's 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. A true record, Attest: Executive Clerk, Selectmen 384 390 Selectmen's Meeting January 7, 1974 Mr. McSweeney: Yes; under Chapters 765•, 90 and 81. Mr. O'Connell: I don't know how this will affect the forecast. Chairman Kenney: If we are fortunate and get the Chapter 765 money, we could allow it to be allocated on sidewalks. We could ask for Town Meeting approval. Mr. McSweeney: I have asked these questions and Mr. Kiernan (State DPW) said he would be in touch with us. The Board agreed that Mr. McSweeney is to pursue the matter with the State Department of Public Works. The Board discussed the possibility of having curb rampsin the Ramps Central Business District. Battle Chairman Kenney: The way we left it is that we would be request - Green ing a small amount of funds in the general sidewalk article to install ramps around the Green. The Board agreed that Mr. McSweeney is to have plans drawn up showing the location of ramps around the Green. Chairman Kenney read a report from the Director of Public Works/ Engineering in reply to a request from Mr. Robert Barclay, 295 Woburn Street, that the Woburn Street access to the Green & White Property be Green & blocked off because of drinking and loud activity by teenagers. White The report states that after reviewing the matter with the Police Access and Fire Chiefs, the Traffic Committee voted unanimously to request the Board of Selectmen to notify Green & White of this complaint and further request the owners to take the necessary steps to abate this nuisance by chaining this access off or by any other suitable means that would be in agreement with the Police and Fire Departments. Upon motion duly made and seconded, it was voted to accept the recommendation regarding access to the land behind the Harrington School from Woburn Street. Mr. McSweeney was requested to contact Green & White and ask their cooperation in resolving the problem in the area. Golini Tax Title Minutes Chairman Kenney read another_ request from Mr. Benjamin H. Golini, 35 Balfour Street, to purchase abutting tax title lots 476 and 477, Balfour Street. Chairman Kenney: This is the third time he has approached us and we have informed him of the moratorium on the sale of tax title lots until March 31, 1974. The Board agreed to answer Mr. Golini that the moratorium is still in effect and the Board will vote on it after Town Meeting. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on August 27 (open and execu- tive) and September 4, 1973 (open). 391 Selectmen's Meeting January 7, 1974 Chairman Kenney read a letter from the League of Women Voters re- questing an,explanation for executive session at the time that it begins and the public meeting is ended, in accordance with the Massa- LWV chusetts Open Meeting Laws. The Board agreed to inform the League of Women Voters that the Board has always done this and shall continue the practice of•publicly announcing in the open meeting the general subjects and the reasons why they are discussed in executive session. Chairman Kenney read an application from Attorney Leonard 1. Singer, Boston, for a transfer of a Lodging House license from Virginia Coleman- Wild Acre Wild Acre Inn, Inc. of 50 Percy Road to Dr. Bernard Yudowitz-Lexington Inn Wild Acre Inn, Inc. A,report from the Building Inspector was read stating this build- ing has; been used for years as a boarding house, inn, or lodging house as a non -conforming use. The Department's prior visits to the premises has been in .connection with State requirements and some bathroom alter- ations. I was surprised at the number of people that were around in bathrobes although seemingly able-bodied. My understanding is that the property is to be sold, and I feel that any issuance of a license, if applied for, should be explicitly spelled out as to'the proposed use. Mrs. Riffin: It is like a halfway house. Mr. Buse: If the scope of the original operation has changed, it becomes a matter for the Board of Appeals. Upon motion duly made and seconded, it was voted to refer the Wild Acre Inn application to Town Counsel for investigation. Mr. Brown informed the Board that Peter Chaipin, Engineer, has been our representative at meetings on transportation. On January 3, Mr. Chaipin was present at a meeting in the Executive Office of Transport- ation and Construction and reports - 1. The Mass D.P.W. is currently negotiating a contract with an engineering consultant to prepare an environmental impact Transporta- statement, basic design, and final design to include the tion following projects: a. Fringe Parking for 620 vehicles at Route 128 in the vicinity of the B & M R.R. Tracks, b. Fringe Parking at Hanscom Field. c. The Hanscom Field Connector as a first leg of a Hanscom Field Circumferential Roadway. 2. Improvements to Route 4 and 225 between 128 and Hartwell Avenue are being studied in TOPICS. 3. Plans were displayed for improvements to the roadway system at Route 2 and Alewife Brook Parkway in conjunction with the exten- sion of the Red Line to Alewife. Selectmen Meeting January 7, 1974 4. The JRTC would like from the communities, in writing, any specific suggestions related to local or regional trans- portation problems or issues which they feel merit inclu- sion in the Unified Work Program. Mr. Brown: We have not made any comment about parking in the vicinity of Route 128 and the DPW is very much interested.• Could we ask the Design Advisory Group to look at this. Chairman Kenney: We did comment on it. Mr. Bailey: Parking doesn't make much sense without a connector road. Chairman Kenney: We haven't done anything in depth on the connector but we are on record that the parking lot was tied in indirectly. Mr. Bailey: Are they saying if we are not in agreement with parking lot, we won't get the connector? Mr. McSweeney: No, we are going to Mr. Brown: The more action we take Lexington... Chairman Kenney: Mr. Brown: Yes. Mr. McSweeney: If them some feedback. Chairman Kenney to Mr. to look at items a, b and c? Mr. Brown: Yes. The Board agreed that Mr. Brown is to contact the Board to discuss the connector road and fringe parking, on arrangements for a meeting with them. MDC Water The Board discussed the Metropolitan District Commission hearing Rates on proposed increase in water rates and it was agreed that Mr. McSweeney would make arrangements to have a representative present to represent the town. the set up meetings to discuss this. in terms of what we feel in Should we comment in terms of the connector? we handle it that way, then Brown: You are we asking for will be giving the Design Group Design Advisory and report back MRVTS ",Budget The Board discussed a letter from the Minuteman Regional'Vocational Technical School District stating that no formal action with respect to adoption of a final budget has yet been taken by the regional school committee. Mr. O'Connell: This is in answer to your letter of December 12 telling them we thought the figures were too high. Now, their figure of $423,000 (Lexington's assessment) is forecast at $376,000 but they point out that capital costs are not being included in the'Town's school budget. The Lexington taxpayer is going to have to pay $4,8Mper pupil. Chairman Kenney: 1 understand there is a finance committee made up of representatives of each district. Selectmen's Meeting January 7, 1974 Mt. Bailey and Mr. Brown felt that a letter Should be written to the Minuteman Regional Vocational Technical School District stating that the Board is dissatisfied because the "start-up" costs are too high. The Board agreed. Upon motion duly cutive Session for the such matters which, if security, the financia person. After discussion made and seconded, it was voted to go into Exew.' purpose of discussing, deliberating or voting on made public, might adversely affect the,public 1 interests of the town, or the reputation of a of matters of financial interest to the Town, it was voted to go out of Executive Session. A true record, Attest: 1 717 Executive Clerk, Selectmen 393 394 Street Lights Wild Acre Inn Committee on filling vacancies SELECTMEN'S MEETING January 14, 1974 A regular meeting of the Board of Selectmen was men's Meeting Room, Town Office Building, on Monday, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town McSweeney, Director of Public Works/Engineering; Mrs tive Clerk, were present. held in the Select - January 14, 1974, Brown and Mrs. Counsel; Mr. . McCurdy, Execu- Mr. O'Connell discussed additional street lights requested by the Traffic Safety Committee, and approved by the Public Works Department, for improvements in the areas. Chairman Kenney: We can vote approval but Mr. McSweeney should find out when Boston Edison can install them. If they can't give high priority, we can postpone until next fall. Upon motion duly made and seconded, it was voted to instruct the director of Public Works/Engineering to order the installation of the street lights at the following locations; Massachusetts Avenue, Slocum Road, Brookside Avenue, Waltham Street and Vaille Avenue. Mr. Cohen advised the Board that he had talked with the Attorney representing Wild Acre Inn and was informed that there will be no change in the type of operation since the new owner has taken over. It is a lodging house and they will take patients for 3, 4 or 5 days. Chairman Kenney: Are we to understand that it is not a half -way house? Mr. Cohen: It is not. Upon motion duly made and seconded, it was voted to approve the application of Dr. Bernard Yudowitz and to sign the Lodging House License for Lexington Wild Acre Inn at 50 Percy Road. Chairman Kenney said that we are submitting an Article in Town Meeting on the method of filling a vacancy on the School Committee. We will appoint a committee to investigate and report back to the Se- lectmen on the best way of accomplishing this. Mrs. Riffin could represent the Board, the School Committee recommendsGeorgeWadsworth, and Frank Michelman to represent the Town Meeting Members Association. Upon motion duly made and seconded, it was voted to appoint Mrs. Natalie Riffin, George Wadsworth, and Frank Michelman members of an Advisory Committee on Filling Vacancies on the School Committee and the Board of Selectmen, and to report back to the Selectmen before Town Meeting. Chairman Kenney read a letter from the Lexington requesting approval of the use of the Green Minute Men cises. Green Upon motion duly made and seconded, it quest of the Lexington Minute Men, Inc. for following dates: June 9 and 23; July 14 and Lexington Minute Men, Inc. for "Living History" exer- was voted to approve the re - the use of the Green on the 28; August 11 and 25., 1974. Selectmen's Meeting January 14, 1974 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of September 10, 1973. Chairman Kenney read the list of Orders for Construction of Sewers on streets in the Town. Mr. Frederick Corrazini, 8 Concord Avenue, was present and said that he did not agree with the direction being taken as it is through the center of his property. He would prefer to•have it go down the Route 2 boundary line. The Board requested Mr. McSweeney to meet with Mr. Corrazini to try and resolve the difference of opinion. Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on the following streets; Summer Street from Lowell Street a distance of 270± feet, Easterly. - + Concord Avenue from Blossom Street a distance of 650- feet, Easterly. and from Blossom Street a distance of 300± feet, Westerly. Concord Avenue from Pleasant Street a distance of 300- feet, Easterly to Chadbourne Road. Sewer Orders Upon motion duly made and seconded, it was voted to sign the Order of Sewer Taking on the following streets: Hayes Lane from existing sewer 260± feet, Southerly. Davis Road from Moreland Avenue a distance of 125- feet Southerly. Green Lane at Lot 2IA. Upon motion duly made and seconded, it was voted to table the recommendation of Mr. McSweeney to take sewer easement and temporary con- struction easements under Contract 73-7-E under Article 20 of the 1973 Pole Annual Town Meeting. Concord Avenue Chairman Kenney read a petition from the N.E.T. & T. Co. and Boston Edison Company for approval to relocate one pole on Concord Avenue; no hearing required. Upon motion duly made and seconded, it was voted to approve the petition of the N.E.T. & T. Co. and Boston Edison Company for the follow- ing location: Concord Avenue: Approximately 620 feet northwesterly, from Waltham Street, one pole; also, remove one pole. 1 396 East Street Water Abatements Buckman Tavern Storm Windows Selectmen's Meeting January 14, 1974 Chairman Kenney read a recommendation from the State Department of Public Works that the Board award the contract for reconstructi.ng7 a section of East Street to the lowest bidder. A list of bidders was enclosed with the letter. Upon motion duly made and seconded, it was voted to award the contract for the Reconstruction of East Street, under Chapter 90, to the lowest bidder, Cetrone-Compa Corp., 189 Adams Street, Newton, in the amount of $232,677.50. 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 bilis: Gardner P. Ladd James Kramer Mrs. W.H. Larsen Thomas Connor Lan Jen Chu Emerson Gardens Robert Schworm Paul Huoppi 2261 Mass. Ave. $ 31.80 110 Wood St. 39.55 27 Skyview Rd. 8.75 273 Woburn St. 7.35 18 Oakmount Cir. 41.37 160A Emerson Rd. 726.24 3 Watson Rd.' . 5.60 19 Grapevine Ave.. 21.77 New meter; billet's error Biller's error Water shut off Biller's error Rusty water Meter.- read wrong Meter read wrong Incorrect entry in meter book The Buckman Tavern Reconstruction Committee met with the Board. Mr. G. Warren Butters: We think it is in good shape, is struc- turally sound, and ready for 1975-76. The Committee has met once a week and we appreciate Mr. Busa's help. In spite of being closed for repairs, we only lost $696; receipts are up $3,000 over 1972; our expenses were up $3,400. We have a serious. problem and we need -storm windows, The Town appropriated $120,000 but there was nothing in that for storm windows. We have $78.4 left in the contract and $19,000 in the account. Our estimate for storm windows is about $3,200-. Mr. Greeley: We were sure when we put in electric heat that without storm windows it would not be efficiently heated. The ques- tion is whether they can be paid for by the Town out of the initial award, or by some action by the Town or the Society would have to put them in and ask Town Meeting to reimburse us. Mr. Cohen: The article was for remodeling and repairs and if. part of the electric heat had storm windows to go with it Mr. Buse: If it goes beyond $2,000, you would have to put it out for bid. Just because you had a $450 electric bill, storm windows won't diminish hat by a great amount but you should put in new thermo- stats set at 40 ; they are now set at 55°. Also, experiment with aluminum storm windows. Mr. Greeley: The Historic 'Districts Commission would not approve the stock -form aluminum window so we had a special custom-built one made and it was accepted by the Commission. The windows are of irreg- ular shape and it would not be easy to install a stock job. .397 Selectmen's Meeting January 14, 1974 Chairman Kenney: The only consideration is that we don't want to spend any more beyond the scope of the proposition made to Town Meet- ing. If an integral part of electric heating is the installation of .storm windows, then it wouldn't bother me. Mr. Greeley: At the time of Town Meeting, we anticipated having electric heat and storm windows; this isn't something that came into our minds later. Chairman Kenney: I think it could be consistent with the intent of the vote of Town Meeting. We aren't going to open up the Warrant if there are funds there. Mr..Busa: The only objection I would have is that the Town put the building in the state it is in now. We went over the contract to put the shed in condition and, in my opinion, a lot of money is beingO wasted by the Society by keeping it open: If they shut it down to 40 and the custodian looked at it, it would save money. 'Upon motion duly made and seconded, it was voted to instruct the Buckman Tavern Reconstruction Committee to procure estimates for storm windows for the Buckman Tavern. The Board discussed and agreed not to send an official delegate to, the meeting at Amherst on January 26, as requested by the Ad Hoc Com- mittee for Federation of Cities and Towns for the Bicentennial. Chairman Kenney requested the Board to vote the intent to lay out streets to be submitted to the 1974 Annual Town Meeting. Streets Upon motion duly made and seconded, the Board voted the intent to Intent to lay out the following streets for acceptance by the 1974 Annual Town Lay Out Meeting; Subdivision Streets Nickerson Road -,'16331 feet from Massachusetts Ave. to Massachusetts Ave. Carmel Circle, 446± feet from Nickerson Road Southerly to end. Betterment Streets Tewksbury Street, 305+ feet from Bedford Street Southwesterly to Roger Greeley Village Wachusett Drive, 590± feet from Prospect Hill Road Easterly. Wachusett Circle, 230± feet from Prospect Hill Road Northeasterly to Wachusett Drive. Abandonment of Wachusett Drive, 380- feet from Prospect Hill Road North- westerly to Outlooi Drive. Prospect Hill Road, 380- feet from the accepted portion of Prospect Hill Road Northwesterly to 0utlool Drive. Abandonment of Holland Street, 95- feet from the accepted portion of Holland Street Northwesterly to end. Holland Street, 65- feet from the accepted portion of Holland Street Northwesterly. 39S Selectmen's Meeting January 14, 1974 In accordance with G.L. Chapter 41, section 81-1, the Planning Board is to be notified of the vote of the intent to lay out the streets, and requested to make a written report within forty-five days. • The date for street hearings is February 6, 1974 in Cary Memorial' Hall. Chairman Kenney read a letter from Mr. Joseph Rooney, Chairman of Piano the Lexington Housing Authority, stating that the residents of Vyne- Vynebrooke brooke Village has petitioned the Trustees of Public Trusts for the Village sum of $500 for the purchase of a piano. Mr. George Morey, Trustee, has indicated that $500 could be donated from the Beals Fund if the Selectmen so request. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts for the sum of $500 from the Beaus Fund to the Vynebrooke Village Community Club for the purchase of a piano. Chairman Kenney read a memo from Mr. McSweeney, Chairman of. Traffic Safety Committee, stating that in view of the ongoing and pro- posed development along Bedford Street between Route 128 and Winter Street, the Traffic Safety Committee sees new and greater traffic Traffic problems coming into view. This development will significantly in Bedford St. crease side friction and conflicting turning movements and, most probably, bring an already aggravating situation to the point of being intolerable... The Traffic Safety Committee feels that the Board should request the Board of Appeals and Planning Board have a Traffic Impact Statement - projected volumes and their effect on the area, included in any applications for building in this general area. Further, the Committee feels that serious consideration` should be given to widening Bedford Street and making it a divided road- way with limited left -turn possibilities, and providing adequate access to all proposed developments in the Bedford Street area. The Board agreed to write to the Planning Board and the Board of Appeals and request that applicants for development in the Bedford Street area be asked to submit a Traffic Impact Statement with their proposals. Also, the Board would encourage this procedure be ex- tended to proposals in other areas of the Town where traffic appears to be a problem. The Traffic Safety Committee is prepared to assist in the evaluation of these Traffic Impact Statements upon request. Mr. Brown discussed CATV and said that the Advisory Committee on CATV Cable Television had requested and had been granted permission from the Board to conduct a survey of Lexington residents. A question- naire will be sent to approximately 250 households during the weekend of January 26-27 to ascertain the interest of having CATV in the Town. 1 Selectmen's Meeting January 14, 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 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 10:05 p.m. • A true record, Attest: • Executive Clerk, Selectmen 399 Executive Session 400 Buckman Tvn. Storm Windows SELECTMEN'S MEETING January 21, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, January 21,4974, 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 informed the Board that an Invitation to Bid on storm windows for the Buckman Tavern is to be advertised in the Lexington Minute -man this week. Mr. O'Connell recommended that the Board vote, on behalf of the Town, to accept G.L. C.32, s. 16. This law was passed in 1973 and, Harvard when accepted, makes it possible to offer the services of a health Community care organization to municipal employees. In this particular case, it Health is the Harvard Community Health Plan which would be available with the Plan employees bearing the entire cost; Single -$16.50 and Family -$47.50 per month. It can only be offered with Blue-Cross/Blue Shield through an insurance carrier. Upon motion duly made and seconded, it was voted to accept G.L. C.32,s.16. Met. State Mr. Cohen informed the Board that the Town has now acquired the Hospital land on Concord Avenue from the Metropolitan State Hospital. Land The Board agreed to write to the Hospital Trustees expressing the gratitude of the Town. Traffic Minuteman Associates Chairman Kenney read a report from the Traffic Committee in reply to the petition from the Minuteman Associates Association for a study by the Registry of Motor Vehicles on Goffe Road, Dudley Road, Barrett Road, Philip Road, and Worthen Road from Pleasant Street to the Bowman School. The report states that the Committee sees no problems in the area; the streets are residential streets used almost exclusively by neighborhood residents and those with children attending Bowman School. There has only been one accident during 1973 and this could not be attributed to speed. Mr. Brown; Is it possible, ]somehow, to persuade these people that it is their neighbors driving too fast and it is a neighborhood problem? If we can persuade them it is true, they can solve their own problem. Chairman Kenney; It might be interesting if we set up tests with our own radar. Mr. McSweeney was requested to make arrangements for tests and to report the results to the Board. Upon motion duly made and seconded, it was voted to table the re- quest from the Minuteman Associates Association pending the results of tests in the area. Selectmen's Meeting January 21, 1974 The Board discussed a request from Mr. George Wolf, 38 Peacock Farm Road, that traffic signs be erected in the area. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee that signs be erected on Peacock Farm Road and to instruct the Director of Public Works/Engineer- ing to make arrangements for the installation of "Slow Children" and "Dangerous Curves" signs at locations to be determined by the Engineer- ing Department. Chairman Kenney requested the Board to sign the notice to the Town Constable regarding the intent to lay out streets and to conduct street hearings. Upon motion duly made and seconded, it was voted to sign the notice to the Town Constable to deliver the notice to abutters of the intent to lay out the following streets. Also, the notice of street hearings to be held in Estabrook Hall on February 6, 1974 at 7:30 p.m. Subdivision Streets Nickerson - 1633'± from Massachusetts Avenue to Massachusetts Avenue. Carmel Circle - 446'± from Nickerson Road Southerly to end. Betterment Streets Tewksbury Street Wachusett Drive Wachusett Circle Prospect Hill Road - 305'} from Bedford Street Southwesterly to Roger Greeley Village. 590'± from Prospect Hill Road Easterly. 230'+ from Prospect Hill Road Northeasterly to Wachusett Drive. 380'+ from the accepted portion of Prospect Hill Road Northwesterly to Outlook Drive. Chairman Kenney read a letter from the Sheraton Lexington Motor Inn informing the Board of a new General Manager, Meredith Dobson. Upon motion duly made and seconded, it was voted to sign a new liquor Innholder license showing the new General Manager, Meredith Dobson. Also, to sign the application to the Alcoholic Beverages Control Commis- sion for approval of the new Manager. Upon motion duly made and seconded, it was voted to sign the 1974 Common Victualler license for the Sheraton Lexington Motor Inn. 401 Traffic Signs Peacock Farm Rd. Intent to Lay Out 1974 Streets liquor License Sheraton Lexington 402 Friar Tuck request for Lodging House License Common Carrier License itek Spring Fair Sanding School Sidewalks Selectmen's Meeting January 21, 1974 Chairman Kenney read a request from Friar Tuck Trust for a Lodging House license for 6 Raymond Street. A report from the Building Inspector was read stating that the former owners have had roomers but on a modest scale. The Zoning By Law of the Town permits taking in four roomers or boarders by a-amily resident therein. Of the 13 rooms, 9 could be used for rental purposes. From the information presented to the Building Inspector and from his observations, the new proposal, operated at its fullest.capacity would require a permit or a variance from the Board of Appeals. Upon motion duly made and seconded, it was voted to withhold the decision to issue a Lodging House license for 6 Raymond Street and.to suggest to the new owners that if it is planned to utilize the premises to full capacity they should apply to the Board of Appeals for a permit or variance. Chairman Kenney read a request foom Sansone Motors, Inc.; Norwood, for a license to travel over Lexington Roads to pick up and discharge passengers at the Varian Company on Hartwell Avenue. Upon motion duly made and seconded, it was voted to sign the license to Sansone Motors, Inc., 100 Broadway, Norwood, for operating a common carrier for the transportation of passengers from Norwood to the Varian Company,.Lexington, over the following route: Along Route 128 between Waltham and Bedford; along Hartwell Avenue between Great Road'to the Varian Company. Chairman Kenney read a request from the Eastern Star to hold a spring fair on itek property on Maguire Road on May 18 from 10:00 a.m. to 5:00 p.m. A report from the Town Manager was read stating that approval of the Board is not necessary since the fair is being held on private property, but recommending that there could be a need for a Policeman for traffic duty and a permit from the Board of Health if there is to be a snack bar. It was agreed to accept the recommendation of the Town Manager and to so inform the Eastern Star. Chairman Kenney read a report from the Director of Public Works/ Engineering in reply to a letter from Mrs. Lora Green, 17 Moon Hill Road, concerning sanding of sidewalks in and around schools. A report was read from the Director of Public Works/Engineering stating that it is his understanding that the School Department is re- sponsible for the maintenance of school property, namely, buildings, grounds, and parking areas. Our sanding operation includes all these areas except sidewalks. Sidewalks are sanded outside the business area, as needed, by hand from a truck as time and manpower will allow. With 46 miles of sidewalks to plow, it is not practical for us to in- clude sanding them without special equipment. The Board agreed to inform Mrs. Green - 4 40 Selectmen's Meeting January 21, 1974 1. Most of the sidewalks in front of the schools are on school property. The exceptions are Adams, Muzzey, Munroe and Parker; these are on public ways. 2. We do not have the manpower to Implement a major sidewalk sanding program. We feel that the areas directly in front of the schools should be sanded by the school custodians in the same manner as the Town's custodians do the Town Office Building and the Police Station, etc. There is an abundant amount of sand available for this purpose at the Department of Public Works garage. 3. In the event that there exists an extremely dangerous ice condition, then the School Administration would consider the advisability of calling a "No School" day. Chairman Kenney read a request from the State Department of Chapter 90 Public Works for the Board to sign the contract with Cetrone Compa Cor- East St. poration for the reconstruction of a section of East Street. Upon motion duly made and seconded, it was voted to -:Sign the con- tract with Cetrone Compa Corporation for the reconstruction of a section of East Street. Upon motion duly made and seconded, it was voted to rescind the vote of November 26, 1973 to abate the ambulance bill of Richard Wilson, N.Y., for $10.00 bill has been paid.. The Board discussed and unanimously voted the following resolution: Ambulance Bill "On behalf of the citizens of Lexington, the Board of Selectmen wishes to express our gratitude to Professor Eric Mollo-Christensen for Mr. Molio- the fine way in which he served as the Town's representative to the Christensen Minuteman Regional Vocational Technical School Committee. Voc. School Hls tireless effort, great dedication and personal expertise were a major motivating force in the establishment of both the District and the building of the school. The people of the Town are in his debt. In this simple, yet sincere way, the Selectmen say 'thank you' for a job well done." A letter is to be sent informing Professor Molio-Christensen of the vote of the Board. The Board discussed the violation by the Burlington Arcade Associ- ates Trust in removing fill from Lexington land at the Burlington town Burlington line. Arcade Chairman Kenney: We instructed Town Counsel to go to court, if necessary, to get a cease and desist order. Mr. Cohen met with the developer and, as a result, the following letter from Palmer 8 Dodge was sent to the owner's Attorney: 404 Bedford St. Hartwell Avenue Connector Selectmen's Meeting January 21, 1974 "This letter will confirm our understanding as to the course of action to be followed in trying to resolve the dispute which has arisen as a result of the removal of fill from Brulington Arcade Associates' property in Lexington on January 5 and 7, 1974. As you know, it is the Town's position that the removal of -fill from the Lexington portion of the property to.the Burlington portion is a violation of both the Zoning By -Law and the Earth Removal By -Law, and cannot be done except in accordance with a special permit issued under the Earth Removal By -Law by the Board of Appeals. In the event of enforcement proceedings, the Town would seek a mandatory injunction ordering that the fill which was removed from the Lexington portion of the property be returned or replaced. On Mr. Bernard's representation that Burlington Arcade Associates will in the near future apply to the Board of Appeals for a permit under the Earth Removal By -Law to remove the fill which has already been removed as well as to show how it proposed to grade and finish off the site, and will pending a decision on that application refrain from any further earth removal activities on the Lexington portion of the property, the Board of Selectmen is agreeable to delaying the institu- tion of enforcement proceedings until the Board of Appeals has had an opportunity to act on the application. If the Board of Appeals grants a permit on conditions which are acceptable to Burlington Arcade Asso- ciates, then presumably the dispute will have been resolved. If the Board of Appeals does not grant a permit or grants a permit which Burlington Arcade Associates refuses to accept, then presumably the dispute will go to litigation. Pending a decision by the Board of Appeals, Burlington Arcade Associates will take such action as it deems necessary to secure the safety of the site. Such action shall not include the removal of any further fill from the Lexington portion of the property. If such action will involve earth moving with heavy equipment on, the Lexington portion of the property, notice thereof shall be given to the Lexington Building Inspector." The Board agreed to write to the Planning Board and request that the Design Advisory group look at the situation as it now stands and to prepare a recommendation as to what the Towns position should be at the hearing held by the Board of Appeals; in particular, what requirements should be made of the developer in order to make the area as presentable as possible from our point of view. Also, if necessary, the Engineering Department will assist the Design Advisory group upon request. Chairman Kenney informed the Board that a meeting has been arranged in Commissioner Campbell's office on February 13, at 2:00 p:m. to dis- cuss Bedford Street and the Hartwell Avenue connector. It was agreed to invite Planning Director Briggs and Representative Cole to accompany the Selectmen to the .meeting . 405 Selectmen's Meeting January 21, 1974 The Board discussed the Cary Lecture program and agreed to inform the Cary Lecture Committee that the programs scheduled for February 10 Cary and March 23, 1974 could be held in Cary Hall. Lectures Mr. Bailey: I would encourage the Cary Lecture Committee to discuss the matter with the Board before they set up their schedule for next year. Chairman Kenney informed the Board that he would not be present at the next two Selectmen's meetings. Upon motion duly made and seconded, it was voted to appoint Fred C. Bailey as the Acting Chairman until Mr. Kenney returns from vacation. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on such 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 litigation and personnel matters, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m. A true record, Attest: )77 Executive Clerk, Selectmen Acting Chairman Executive Session 406 Gasoline License East Village Nursing Home SELECTMEN'S MEETING January 28, 1974 A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, January 28, 1974, at 7:30 p.m. Acting Chairman Bailey, Messrs. Busa and Brown, Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr.. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy,' Executive Clerk, were present. Acting Chairman Bailey opened a hearing on the petition of East Village Nursing Home for permission to install'an approved 2,000 gallon underground tank for the storage of 2,000 gallons of gasoline on the premises at 140 Emerson Road, Lexington. Notice of the Hearing was advertised in the January 17, 1974 issue of the Lexington Minute- man, and copies were sent certified mail by the petitioner to all the abutters. A report from the Fire Chief was read, stating that he had in- spected and approved the site selected for the installation of the 2,000 gallon underground tank. With this small storage, he did not believe it was necessary to have the tank .encased in a cement vault. If vaulting is necessary, a plastic capsule would be sufficient. Mr. Robert Cataldo, owner of East Village Nursing Home, was present and said that this 2,000 gallon tank would be for our own use; under normal conditions, we wouldn't consider having our own tank but not knowing what the supply will be, we are afraid we would be caught short to get an ambulance in or out. We are not looking for permission to supply anybody but it would be for our own use; we are self-sufficient in every other way. There are no homes anywhere near the location of the tank. If there were ever a leak, it would run off as it is all sand there. Mr. Brown: I feel that a plastic liner would be a good idea as there is a lot of swamp land and the Great Meadows are there. Mr. Cataldo: We would be happy to encase it. Acting Chairman Bailey: Does anyone in the audience have ques- tions? No one answered. Acting Chairman Bailey: Is anyone present in favor? Mr. John Maloney, Vice President of Emerson Gardens had no objec- tion. Acting Chairman Bailey: Is anyone present in opposition? No one answered. Acting Chairman Bailey declared the hearing closed. Upon motion duly made and seconded, it was voted to sign the license to East Village Nursing Home for the installation of an ap- proved 2,000 gallon underground tank for the storage of 2,000 gallons of gasoline on the premises at 140 Emerson Road, Lexington, with the restriction that this tank is to be encased in a plastic capsule. Selectmen's Meeting January 28, 1974 Mr. O'Connell reported that the Fire Department ambulance was :in- volved in an accident on January 25 at Bedford Street and Larchmont Lane. The driver had minor rib bruises; there was no one in the ambu- lance. It struck the rear of a car owned by John Hoffman of Larchmont Lane. Estimated damages are $2,100 and we are starting repairs and exploring the insurance. At the request of the Town Clerk, five jurors were drawn, as follows: Rosewell Farnham, Jr. Roy V. Harris Forestine P. Cole Joseph J. Crowley Odele Medas 3 Diehl Road 8 Alger Road 47 Ledgelawn Avenue 212 Concord Avenue 192 Spring Street: Acting Chairman Bailey read a letter from the School Committee requesting that sidewalks on Grassland, Bridge, and Valleyfield Streets be plowed as parents of Franklin School students are con- cerned about the children's safety. Areport from the Director of Public Works was read and it was agreed to accept his recommendations. A letter is to be sent to the School Committee informing them that Mr. McSweeney has advised the Board that sidewalks on Waltham Street and Bridge Street have been added to the 1973-1974 snowplowing routes and the situation in -the winter time should be greatly improved. Also, the policy of plowing sidewalks is generally limited to arterial and collector streets but if a neighborhood street has a continuous sidewalk, with a signifi- cant number of walkers, it might warrant plowing. The Traffic Safety Committee has reviewed this area and reports that there is not a con- tinuous sidewalk on Grassland Street nor is there a continuous side- walk from this area available to the walkers of the Franklin and Jonas Clarke Schools. Members of the Traffic Safety Committee would be pleased to meet with you to discuss the policy of sidewalk plowing in school areas. Acting Chairman Bailey read a letter of complaint from Rev. Victor Ford, 4 Grove Street, concerning a dog owned by Robert L. Reis, 88 Burlington Street. The dog, a miniature poodle, has bitten his son and he would like the Town to take steps to be sure that the dog does not come into his yard. A report from the Health Department was read stating that records indicate that Edward Ford, 4 Grove Street, and Yon Kim, 22 Grove Street, were bitten by the Reis dog on August 20, 1973. There are no other records of complaints of the Reis dog being at large or of the dog attacking or biting people in the area. Mr. Belcastro, Dog Officer, 407 Ambulance Accident Jurors Snowplowing Sidewalks Franklin and Clarke School Area Reis Dog 40S Minutes Water Abatements Class 3 License John Carroll 1974 Warrant Articles Selectmen's Meeting January 28, 1974 has been instructed to patrol this area to see if the dog is at large. If the dog is seen by Mr. Belcastro, he will either be picked up and taken to the kennel or returned to the Reis family, at which time.a violation notice will be served and a court complaint filed. , - The Board agreed that a letter is to be written to Rev. Ford informing him that the Dog Officer will patrol the area and will im- pound the dog or return it to Mrs. Reis and issue a violation notice and file a court complaint. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on September 17, 1973. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to abate water bills for the following: Harry F. Conrad Edith Fletcher Robert Schworm L.W. Slocomb 212 Lincoln Street 14 Cary Avenue 3 Watson Road .91 Gleason Road Wrong Wrong Wrong Wrong Reading Reading -sent in Reading Reading sent. in Acting Chairman Bailey informed the Board that an application has been received from John P. Carroll Co., Inc., 31 Alien Street, for re- newal of the Class 3 license. Mr. Brown: What is the status of this? Mr. Cohen: The case is still pending. Mr. Buse: Is everything in this license within the scope of the Board of Appeals permit? Mr. Cohen: It is the same as last year's license. Upon motion duly made and seconded, it was unanimously voted that, public hearing having been held by the Board of Selectmen on Monday, November 12, 1973, the Board votes to sign the 1974 Class 3 License to John P. Carroll, Inc., expiring December 31, 1974, for buying of second-hand motor vehicles for the purpose of remodeling, taking apart or rebuilding the same, or the buying on selling of parts of second- hand motor vehicles or tires, or the assembling of second-hand motor vehicle parts. The Board discussed the Articles to be inserted in the Warrant for the 1974 Annual Town Meeting. There will be 109 Articles this year. Upon motion duly made and seconded, it was voted to insert the following Articles in the Warrant for the 1974 Annual Town Meeting: Sole tmen's Meeting January 28, 1974 Article 1 Bd. .f Sel. 2 3 4 5 6 7 8 9 Lib. Trustee 10 Bd. .f Sel. II 12 13 14 15 • 16 17 18 19 20 21 22 23 Plan Ing Bd. Bd. and Consv. Bice tennial Plan ing Bd. Bice tennial Recr:ation To choose by ballot Town Officers Reports of boards and committeess Cary Lecture Committee Appropriations for departments, officers, etc.' Approval of Town Treasurer to borrow money Transfer of unextended balances to E & D Raise money to pay.unpaid bills Appropriate money for reserve fund Director of Accounts for state audit Cary Library - state aid Appoint members to the Board of Appeals Installation or construction of water mains Install street lights Obtain appraisals on land and on rights therein Development of Westview Cemetery install curbing Install drains :Intta11 new or replacement water mains Construct concrete, bituminous concrete sidewalks Install sewer mains and sewerage systems Install trunk sewers in Carriage Drive area Install trunk sewers in the Hayes Lane area Construct, equip, furnish a storage building for Department of Public Works 24 Purchase equipment for Department of Public Works 25 Appropriate money for highway construction 26 Appropriate money for highway maintenance 27 Construct or reconstruct streets 28 Improve and upgrade traffic controls signals 29 Construct an off-street parking area on land to be leased from Boston Edison Company 30 Clean and maintain streams and brooks in town 31 Reimbursing subdividers for part of the cost of constructing ways or installing municipal services as required by the Planning Board 32 Convey land owned by the town and shown as- lot 71 33 Accept a gift from Concord Avenue Realty Corp. 34 Appropriate a sum of money for Bicentennial 35 Appoint a subcommittee to Bicentennial Committee 36 Amend the Zoning by-law A and B 37 Amend Article XXIV of the General By -Laws 38 Develop and equip picnic areas on town land 39 Develop and equip facilities for camping vehicles 40 Install a water main and drinking fountain at the Lincoln Street recreation area 409 410 Selectmen's Meeting January 28, 1974 Recreation Town Manager Bd. of Sel. Cont. Comm. 11 " n fl Articles 41 Feasibility of renovating the Center Pool 42 Reconstructing, repairing, maintaining tennis courts 43 Purchase of an ambulance for the Fire Department 44 Improvement of lowlands and swamps 45 Accept as a gift from Frances May Baskin parcels of land bordering on Route 128, shown as lots 9, 19, and 20 on Assessors' Property Map 82 46 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws,as amended, any fee, easement., or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other, interest in_all or any part:of Lots 349 to 355 inciu4` sive and Lots 365 to 394 inclusive, shown on. a plan entitled "Dunster Gardens, Arlington, Winchester and Lexington, Middlesex County, Mass. owned by J.W. Wilbur" by Ernest W. Branch, Civil Engineer, August, 1912, recorded with Middlesex South District Registry of Deeds in Plan Book 206, Plan No. 23A, now or for- merly of the Graziano Family 47 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other. interest in all or any part of a parcel of land shown as a lot containing 53,830 square feet on plan entitled "Plan of Land Lexington, Mass. Sur- veyed for Marco Realty Trust" dated December 18, 1969 by Frederick A. Ewell Registered Land Surveyor, recorded with Middlesex South District Registry of Deeds at the end of Book 11818; 48 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or con- servation restriction as defined in Section -31 of. Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lots 290, 293, 294, 298, 301, 302, 303, 306, 308, 310, 312, 314, 315, 316 and 348 in the vicinity of Hillside Avenue, a paper street; 49 Conservation.purposes, including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, land shown as Lots 264, 291, 292, 295, 296, 297, 300, 3058, 307, 309, 311, and 332 on Assessors' Property Map 13 1 1 1 1 Selectmen's Meeting January 28, 1974 Const' Comm. et u, Article 50 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other inter- est in all or any part of land shown as Lot 10 on Assessors' Property Map 39, now or formerly of Grey Nuns Charities, Inc, 51 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other inter- est in all or any part of land shown es Lots 83A, 84 and 101B on Assessors' Property Map 82, now or formerly of Greener and Whiter Trust 52 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the. General Laws or other inter- est in all or any part of land shown as Lot 51 on Asessors' Property Map 55, now or formerly of Schena,,,and Lot 61 on Assessors' Property Map 62, now or formerly of Morrow, being premises adjoin- ing the Vine Brook off Grant Street 53 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other inter- est in all or any part of land shown as Lot 104 on Assessors' Property Map 30, now or formerly of Curtis S. Elliott 54 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or' conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other inter- est in all or any part of land shown as Lot 84 on Assessors' Property Map 30, now or formerly of Augusta 55 Additional sum of money to the Conservation Fund, established by vote under Article 9 of theWarrant for the Special Town Meeting Held on June 8, 1964 411 41`2 Selectmen's Meeting January.28, 1974 Cons. Comm. 11 Bd. of Sel. Planning Bd. It Bd. of Sel. Lexington Housing Auth. Article 56 Acquiring land for open space and conservation purposes, including outdoor recreation; as pro- vided by Section 8C of Chapter 40 of the General Laws as amended 57 Appropriate a sum of money to create a stabiliza- tion fund as provided in Section 5B of Chapter 40 of the General Laws with the intention of using such fund for future land acquisitions for con- servation and recreation purposes 58 Discontinue a portion of Wachusett Drive from Prospect Hill Road a distance of 380 feet more or less Northwesterly to Outlook Drive as shown upon a plan on file in the Office of the Town Clerk dated January 15, 1974 59 Establish as a town way and accept the layout of as a town way Wachusett Drive from Prospect Hill Road easterly a distance of 590 feet, more or less 60 Establish as a town way and accept the layout of as town way Wachusett Circle from Prospect Hill Road a distance of 230 feet, more or less, northeasterly to Wachusett Drive 61 Establish as a town way and accept the layout of as a town way Tewksbury Street from Bedford Street a distance of 305 feet, more or Tess, southwesterly to Roger Greeley Village age 62 Discontinue a portion of Holland Street from the accepted portion of Holland Street a distance of 65 feet, more or less, northwesterly 63 Establish as a town way and accept the layout of as a town way Prospect Hill Road from the accepted por- tion of Prospect Hill Road a distance of 380 feet, more or fess, northwesterly to Outlook Drive 64 Nickerson Road from Massachusetts Avenue a.distance of 1633 feet, more or less, to Massachusetts Avenue 65 Carmel Circle from Nickerson Road a distance of 446 feet, more or less, southerly to end 66 Filing fees in connection with the acceptances of streets. 67 Amend the General By -Laws of the Town of Lexington 68 Defraying the expense to the Lexington Housing Authority 69 Aid to the Lexington Housing Authority for defray- ing development, acquisition and operating costs of.one or'more'l:ow-rent housing projects Sele4tments Meeting January 28, 1974 Town Mgr. Bd. cif Se l . TMMA Planning Bd. to re re rr If rN rr 4 n rr, ft 11 Approp. Comm. Bd. of Sel. 11 Town Mgr. r u Article 70 Amend Section 1 of Article XXX•©f the General 5Y -Laws 71 Special fund to pay employees of the town who perform off-duty work details 72 Amend Section 30 of Article V of the General By -Laws 73 Amend the Zoning By -Law 74 Amend the Zoning By -Law 75 Amend the Zoning By -Law 76 Amend the Zoning By -Law 77 Amend the Zoning By -Law 78 Amend the Zoning By -Law 79 Amend the Zoning By -Law 80 Amend the Zoning By -Law 81 Amend the Zoning By -Law 82 Amend the Zoning By -Law 83 Amend the Zoning By -Law 84 Amend the Zoning By -Law 85 Professional consultants and for expenses incurred by the Planning Board to make studies of wet areas, such studies to include, but not be limited to hydrological studies, soil studies, water table analysis, and drain - characteristics 86 Professional consultants and for expenses incurred by the Planning Board to develop town -wide goals and objectives to be utilized as the basis for the up- dating and revision of the Lexington Master Plan 87 Professional consultants and for expenses incurred by the Planning Board, to:make general planning studies of such matters, but not limited to recreational facilities, downtown parking, bicentennial, fringe parking areas, and transportation 88 Amend the General By -Laws of the Town of Lexington 89 Amend the General By -Laws of the Town in accordance with the report and recommendations of the Selectmen 90 Petition the General Court to amend the third para- graph of Section 1 of Chapter 753 of the Acts of 1968 dealing with a vacancy or vacancies on the School Committee 91 Accept Section 6B of Chapter 40 of the General Laws relating to the providing of work clothes for members of the police and fire department 92 Accept Sections 57B and 57C of Chapter 48 of the General Laws relating to members of the fire department attend- ing union conventions as official delegates 93 Retain consultants to research, study and report on the problems of traffic safety in the school approach areas of the town 413 414 Selectmen's Meeting January 28, 1974 Voters n It n tt It tt Articles 94 Amend Article XXIV of the Building By -Law 95 If the Town will accept the provisions of Massachu- setts General Laws, Chapter 40A, Section 20 96 Amend Article XXIV of the General By1-Laws of the Town 97 If the Town will vote, in accord with'Section 1 Chapter 753 of the Acts of 1968 and G.L. Chapter 41 Section 2, to increase the membership of the School Committee from five to seven members, 98 Shall the Town, in addition to the payment of fifty per cent of a premium for contributory group life and health insurance for employees in the service of the Town and their dependents, pay a subsidiary or additional rate? 99 Amend Article XXIV of the General By -Laws of the Town - 100 To see if the Town will raise and appropriate a sum of money to establish, under the supervision and control of the Department of Public Works 101 To see if the Town will vote to establish as a public footway and accept the layout of, as a public footway an unnumbered lot as shown on L.C. Plan #19485 G and Lot "D" from Cutler Farm Road to Valleyfield Street a distance of 490 feet, more or less, and an un- numbered lot as shown on a plan entitled Farmhurst section 4 as Grassland Street and lot 27 from Valley- field Street to Waltham Street a distance of 900 feet, more or less, as laid out by the Board of Selectmen 102 To see if the Town will vote to amend the Zoning By - Laws of the Town and the Zoning Map 103" To see if the Town will vote to amend the Zoning By - Law, the Zoning District Maps and the Zoning Map by designating as an RM -Multi -family (garden apartment) dwelling district a certain area of land, now in- cluded in the R0 -One Family dwelling district 104 To see if the Town will vote to amend the Zoning By - Law, the Zoning District Maps and the Zoning Map by designating as an RD -Multi -Dwelling District a certain area of land, now included in the R0 -One Family dwelling district 105 To see if the Town will vote to amend the Zoning By - Law 106 To see if the Town will vote to amend the Zoning By - Law 1 Selectmen's Meeting January 28, 1974 VoterS It Bd. of Sel. Article 107 To see if the Town will vote to amend the Official Zoning Map of the Town by changing land owned by Bruce A. and Herman E. Erikson from one family residence RO to multi family dwelling RM, said land is located at the intersection of Piper Road and Waltham Street containing approximately 4.03 acres 108 To s if the,talwni I approve a resolution in subtlllyhh flowing language, and instruct the ec en transmit said resolution to the Office of the President of the United States 109 To see if the Town will vote to appropriate a sum of money from available funds toward the reduction of the tax rate for the fiscal year Upon motion duly made and seconded, it was voted to table the sign- ing of the agreement between the Town and the Boston Edison Company regarding easements for the Rangeway Trunk Sewer; Route 128 to the Hartwell Avenue Trunk Sewer. Acting Chairman Bailey read a letter from the White House, signed by Terrence O'Donnell, Staff Assistant to the President, as follows: "Dear Mr. Kenney: have been asked to acknowledge, for the President, the cordial invitation you extended to him to participate in the rededication of the Lexington Battle Green, to be held on Sunday, April 20, 1975. The President appreciates your thoughtfulness of him in extending this invitation and trusts you will understand that it is not possible for him to commit his schedule for a date so far in the future at this time. He will be pleased to have you contact him again in early 1975 and at that time your invitation can be considered in light of the President's schedule for the months to follow. In the meantime, the President sends his very best wishes to'you and the Lexington Board of Selectmen. Mr. A Ian F. Kenney Chai rrhan Board of Selectmen Lexington, Massachusetts" Sincerely, Signed Terrence O'Donnell Staff Assistant to the President 41_ ,Rangeway Hartwei i Ave Bos. .Edi son Sewer Ease. Bicentennial Invitation to Office of the Presi- dent VOID 1 VOID 416 Executive Session Selectmen's Meeting January 28, 1974 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 concerning personnel and finances of 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, Selectmen SELECTMEN'S MEETING February 4, 1974 A'regular'meeting of the Board of Selectmen was held in the .Select- men's,Meeting Room on Monday, February 4, 1974, at 7:30 p.m. Acting ChairMan Bailey, Messrs. Busa and Brown, 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 informed the Board that only one bid was received on theBuckman Tavern storm windows - $3,500 from R & M Wood Products Co. his willbe reviewed with Palmer & Dodge regarding what the contract should contain. The Board discussed the snow storm on last Saturday, during which the DPW employees were "not available." Mr. Bailey: I would like to acknowledge the fine job done by Mr. O'Connell, Mr. McSweeney, Mr. Busa, and Mr. Cohen, and would like the record to show that the principals of the Town did an excellent job during a sensitive situation, and they handled it well. DPW Super-- visorS worked from early morning through the night manning four plows in an, effort to keep the streets passable. Or. Busa: I would like to complement the Lexington citizens for the understanding and kind consideration given when they knew the situation, and they called to complement the departments on the great job they did.. Mr. Brown: I got two calls back from people saying that they really didn't understand but, once they found out, they were really willing.to say they were sorry. Mr. O'Connell: We had heard rumors but had not received official notification that they weren't coming in. When they were contacted by phoneto report for emergency work, either there was no answer or the members of their families said they were out of Town or otherwise un- availpble. Some of the contractors came in but would not plow early in the day but by late afternoon when we told them there was no labor dispute, they went out and plowed. ' Acting Chairman informed the Board that Town Counsel. Cohen had approved the form of the agreement between the Boston Edison Company and the Town of Lexington. Upon motion duly made and seconded, it was voted to sign the agreement between the Boston Edison Company and the Town of Lexington for sewer easements on the Rangeway sewer from Route 128 to Hartwell Avenue. AGREEMENT AND RELEASE PART I Whereas, by order of taking dated March 18, 1968, and recorded in Middlesex South District Registry of Deeds on April 1, 1968, Book 11485, 447 Buckman Tavern Storm Windows DPW Employees Snow Storm Boston Edison Rangeway Sewer Easements 41S Selectmen's Meeting February 4, 1974 Page 272, the Town of Lexington, acting through its Board of Selectmen under the provisions of Chapter 504 of the Acts of 1897 and other specified statutes, has taken the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sew or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto including the right to pass along and over the land for the aforesaid purposes, in, through and under certain strips of land from an existing trunk sewer located about 1500 feet northwest of Bedford Street to the southerly terminus of Rangeway in said Lexington as shown on a. plan entitled "Pian of Sewer Easement from Rangeway to Existing Sewer Lexington, Mass.", dated December 11, 1967, John J. McSweeney, Town Engineer, recorded with said Deeds, Book 11485, Page 272; and WHEREAS, a part of said rights and easements so taken and a part of the construction easements described in said order are located within a strip of land in said Lexington over, across and upon'whlch rights and easements for electric transmission line purposes were granted to Boston Edison Company, a Massachusetts.corporation, by G.O. Anderson & Sons, Inc. by instrument.dated March 28, 1947, recorded with said Deeds, Book 7115, Page 464; and WHEREAS, State Street Bank and Trust Company, formerly State Street Trust Company and later Second Bank -State Street Trust Company, a Massachusetts banking corporation having its usual place of business in Boston, Suffolk County, Massachusetts, Trustee under an Indenture of Trust and First Mortgage by Boston Edison Company to it under its said former name "State Street Trust Company", dated as of.December 1., 1940, recorded, among other places, with said Deeds, Book 6446, Page 4, under all indentures supplemental thereto including, but not limited to, a Seventh Supplemental Indenture of Mortgage dated March 17, 1948, recorded with said Deeds, Book 7215, Page 512, and a Twentieth Supple- mental Indenture of Mortgage dated May 1, 1958,.recorded with said Deeds, Book 9140, Page 489, and a Financing Statement recorded with said Deeds, Book 9473, Page 568, is the holder of a mortgage'which includes said transmission line rights and easements; and WHEREAS, said Town of Lexington'and said Boston Edison Cwhpany have informally agreed as to the settlement of damages arising out of the taking by said Town of sewer and construction easements within said Boston Edison Company easement and as to the minimum distance from the Boston Edison Company towers, poles and other specified structures at which the Town shall construct and install its sewer and the minimum distance from the Town's sewer at which Boston Edison Company shall_in the future install towers, poles or other specified structures and now desire to formalize said agreements by this writing; NOW, THEREFORE, in consideration of one dollar ($1.00) each to the other in hand paid, receipt whereof is hereby acknowledged, and of the mutual agreements herein contained, said Town of Lexington and said Boston Edison Company agree as follows: `i19 Selectmen's Meeting February 4, 1974 i. The Town of Lexington agrees that within the limits of said strip of land over, across and upon which said rights and easements were granted to Boston Edison Company by G.O. Anderson & Sons, Inc. 19* the aforesaid instrument dated March 28, 1947, the Town of Lexington will not construct or install any sewer pipe, manhole, culvert or their appurtenances within a distance of fifteen (15) feet of any Boston Edison Company tower, pole or pole structure, or foundation for the same, installed prior to April 1, 1968, the date of the recording of the aforesaid order of taking. 2. The Boston Edison Company agrees that it will not install towers or poles or pole structures, or foundations for the same, within five (5) feet',of any sewer pipe or its appurtenances constructed or installed by the Town of Lexington within the sewer easement taken by said Town by saidc.order dated March 18, 1968. 3. Boston Edison Company hereby agrees to release and does hereby release and discharge said Town of Lexington and its boards, officers, agents and employees from any and all claims, demands, actions and causes of action for damages, compensation or otherwise by reason of or relating to said taking and the land therein described. And for consideration paid, said State Street Bank and Trust Company, formerly State Street Trust Company and later Second Bank -State Street Trust Company, Trustee under said indenture of Trust and First Mortgage dated, December 1, 1940, said indentures supplemental thereto and said Financing Statement, hereby releases unto said Boston Edison Company and its Successors and assigns from the operation of said mortgage, any mortgage or mortgages supplemental thereto and said Financing Statement the rights and easements taken by the Town of Lexington by said order dated March 18, 1968, and on April 1, 1968, recorded with said Deeds, Book 11485, Page 272. This release is made without covenants or warranties on the part of said State Street Bank and Trust Company as Trustee as aforesaid, either expressedor implied, in law or in equity, and without recourse to it in any event; and this release shall not in any way affect or impair the rights of said State Street Bank and Trust Company as Trustee as aforesaid to hold under said Indenture and any indentures supplemental thereto, upon the terms and conditions and in the manner and for the purposes therein expressed, the remainder of the premises thereby conveyed and not hereby or heretofore released. PART 11 WHEREAS, by order of taking dated May 27, 1968, and on June 7, 1968 recorded with Middlesex South District Registry of Deeds, Book 11518, Page '657, and registered in Middlesex South Land Registry District as Document No. 455681, the Town of Lexington, acting through its Board of Selectmen under the provisions of Chapter 504 of the Acts of 1897 and other specified statues, has taken the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever 4'2 U Selectmen's Meeting February 4, 1974 maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto including the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land in said Lexing- ton from land of the Town of Lexington abutting on the northwesterly, side line of the Northern Circumferential Highway (Route 128) to Hartwell Avenue as shown on a plan entitled "Plan of Sewer Easement from Northern Circumferential Highway to Hartwell Avenue Lexington, Mass.", dated December 12, 1967, John J. McSweeney, Town Engineer, recorded with said Deeds, Book 11518, Page 657; and WHEREAS, a part of said rights and easements so taken and a part of the construction easements described in said order are located within a strip of land in said Lexington over, across and upon which rights and easements for electric transmission line purposes were granted to Boston Edison Company, a Massachusetts corporation, by Dennis McNamara by instru- ment dated May 6, 1947, recorded with said Deeds, Book 7130, Page 330, and a part of said rights and easements so taken and a part of the construction easements described in said order are located within a strip of land in said Lexington over, across and upon which rights and easements for elec- tric transmission line purposes were granted to said Boston Edison Company by Francis H. Maguire by instrument dated May 3, 1947 registered as Docu- ment No. 212691 noted on Certificate of Title No. 28564, Registration Book 191, Page 217, and also noted on Certificate of Title No. 72175 filed in said Land Registration Office in Registration Book 481, Page 589; and. WHEREAS, State Street Bank and Trust Company, formerly State Street Trust Company and later Second Bank -State Street Trust Company, a Massachusetts banking corporation having its usual place of business in Boston, Suffolk County, Massachusetts, Trustee under an Indenture of Trust and First Mortgage by Boston Edison Company'to it under its said former name "State Street Trust Company", dated December 1, 1940, filed among other places, in said Land Registration Office as Document No. 169012, and under all indentures supplemental thereto including, but not limited to, those so filed as Document Nos. 219835, 228780, 238961, 257712, 261470, 284171, 292304, 304484, 319017, 347470, 360944, 373670, 379936, 402175, 419087, 426178, 439240, 444816, 461333, 471728, and 476977, is the holder of a mortgage which includes. said transmission line rights and easements; and WHEREAS, said Town of Lexington and said Boston Edison Company have informally agreed as to the settlement of damages arising out of the taking by said Town of sewer and construction easements within said Boston Edison Company easement and as to the minimum distance from the Boston Edison Company towers, poles and other specified structures at which the Town shall construct and install its sewer and the minimum distance from the Town's sewer at which Boston Edison Company shall in the future install towers, poles or other specified structures and now desire to formalize said agreements by this writing: Selectmen's Meeting February 4, 1974 NOW, THEREFORE, in consideration of one dollar ($1,00) each to the other'in hand paid, receipt whereof is hereby acknowledged, and of the mutual agreements herein contained, said Town of Lexington and said Boston Edison Company agree as follows: 1. The Town of Lexington agrees that within the limits of said strips of land over, across and upon which said easements were granted to Boston Edison Company by said Dennis McNamara and by said Francis H. Maguire by the aforesaid instruments dated May 6, 1947 and May 3, 1947, respectively, the Town of Lexington will not construct or install any sewerlpipe, manhole, culvert or their appurtenances within a distance of fifteen (15) feet of any Boston Edison Company tower, pole or pole structure, or foundation for the same, installed prior to June 7, 1968, the -date -of the recording and registering of the aforesaid order of taking. 2. The Boston Edison Company agrees that it will not install towers or poles or pole structures, or foundations for the same, within ,five (5) feet of any sewer pipe or its appurtenances constructed or in- stalled by the Town of Lexington within the sewer easement taken by said Town by said order dated May 27, 1968. 3. Boston Edison Company hereby agrees to release and does hereby release and discharge said Town of Lexington and its boards, officers, agents and employees from any and all claims, demands, actions and causes of action for damages, compensation or otherwise by reason of or relating to said taking and the land therein described. And for consideration paid, said State Street Bank and Trust Com- pany,formerly State Street Trust Company and later Second Bank -State Street Trust Company, Trustee under said Indenture of Trust and First Mortgage dated December 1, 1940 and all indentures supplemental thereto, hereby releases unto said Boston Edison Company and its successors and assigns from the operation of said mortgage and any mortgage or mort- gages supplemental thereto the rights and easements taken by the -;Town of Lexington by said order dated May 27, 1968, and on June 7, 1968 recorded with said Deeds, Book 11518, Page 657, and registered as Docu- ment No. 455681. This release is made without covenants or warranties on the part of said State Street Bank and Trust Company as Trustee as aforesaid, either expressed or implied, in law or in equity, and without recourse to it any event; and this release shall not in any way affect or im- pair the rights of said State Street Bank and Trust Company as Trustee aforesaid to hold under said indenture and any indentures supplemental thereto, upon the terms and conditions and in the manner and for the purposes therein expressed, the remainder of the premises thereby con- veyed ,and not hereby or heretofore released. 1 421 422 Selectmen's Meeting February 4, 1974 PART 111 WHEREAS, by order of taking dated December 6, 1971, and on December 17, 1971 recorded with Middlesex South District Registry of Deeds, Book 12128, Page 432, and registered in Middlesex South Land Registry District as Document No. 492994, the Town of Lexington, acting through its Board of Selectmen under the provisions of Chapter 504 of the Acts of 1897 and other specified statutes, has taken the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, operate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto in- cluding the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip.of land in said Lexington from an existing sewer mainalong the northwesterly side of Route 128 to an existing sewer main northwesterly of Patterson Road as shown -on a plan entitled "Plan of Sewer Easement from Northwesterly of Patterson Road to Along the Northwesterly Side Line of Route 128 Lexington, Mass.", dated June 5, 1971, John J. McSweeney, Town Engineer, recorded with said Deeds, Book 12128, Page 432; and WHEREAS, a part of said rights and easements so taken are located within a strip of land in said Lexington over, across and upon which rights and easements for electric transmission line purposes were estab- lished by a taking by said Boston Edison Company dated March 16, 1948, recorded with said Deeds, Book 7243, Page 390, and confirmed by grant from John D. Polley et ux dated November 24, 1951, recorded with said Deeds, Book 8023, Page 465, and a part of said rights and easements so taken are located within land of said Boston Edison Company described in a deed to it from Edwin John Lee dated April 10, 1947, recordedwith said Deeds, Book 8779, Page 583, and a part of said rights and easements so taken are located within a strip of land in said Lexington over, across and upon which rights and easements for electric transmission line purposes were established by a taking by said Boston Edison Company dated March 16, 1948, registered with Middlesex South'Land Registry Dis- trict as Document No. 219844 and confirmed by grant from Vincent N,- Bellizia dated March 25, 1952, registered as Document No. 258706, both of which documents are noted on Certificate of Title No. 42897, filed in said Land Registration Office in Registration Book 287, Page 177; and WHEREAS; State Street Bank and Trust Company, formerly State Street Trust Company and later Second Bank -State Street Trust Company, a Massa- chusetts banking corporation having its usual place of business in" Boston, Suffolk County, Massachusetts, Trustee under an Indenture of Trust and First Mortgage by Boston Edison Company to it and under its said former name "State Street Trust Company", dated December 1, 1940, filed, among other places, in said Land Registration Office as Document No. 169012, and under all indentures supplemental thereto including, but not limited to, those filed as Document Nos. 228780, 238961, 257712, 261470, 284171, 292304, 304484, 319017, 347470, 360944, 373670, 379936, 402175, 419087, 426178, 439240, 444816, 461333, 471728, and 476977, is 423 Selectmen's Meeting February 4, 1974 the holder of a mortgage which includes said transmission line rights and easements; and WHEREAS, said Town of Lexington and said Boston Edison Company have informally agreed as to the settlement of damages arising out of the taking by said Town of sewer and construction easements within said Boston Edison Company easement and as to the minimum distance from the Boston Edison Company towers, poles and other specified structures at which the Town shall construct and install its sewer and the minimum distance from the Tbwn's sewer at which Boston Edison Company shall in the future in- stalltowers, poles or other specified structures and now desire to for- malize said agreements by this writing: NOW,THEREFOR, in consideration of one dollar ($1.00) each to the other'In hand paid, receipt whereof is hereby acknowledged, and of the mutual agreements herein contained, said Town of Lexington and said Boston Edison Company agree as follows: i. The Town of Lexington agrees that within the limits of said strips of land over, across and upon which said easemepts were established by said takings dated March 16, 1948 and within said siglips as extended through said land of Boston Edison Company the Town of Lexington will not construct or install any sewer pipe, manhole, culvert or their appurten- anceswithin a distance of fifteen (15) feet of any Boston Edison Company tower; pole or pole structure, or foundation for the same, installed priorto December 17, 1971, the date of the recording and registering of the aforesaid order of taking. 2. The Boston Edison Company agrees that it will not install towers or poles or pole structures, or foundations for the same, within five (5) feet Of any sewer pipe or its appurtenances constructed or installed by the Town of Lexington within the sewer easement taken by said Town by said order dated December 6; 1971. 5. Boston Edison Company hereby agrees to release and does hereby release and discharge said Town of Lexington and its boards, officers, agents and employees from any and all claims, demands, actions and causes of action for damages, compensation or otherwise by reason of or relating to said taking and the land therein described. And for consideration paid, said State Street Bank and Trust Company, formerly State Street Trust Company and later Second Bank -State Trust Com- pany,Trustee under said Indenture of Trust and First Mortgage dated December 1, 1940 and all indentures supplemental thereto, hereby releases unto said Boston Edison Company and its successors and assigns from the operation of said mortgage and any mortgage or mortgages supplemental thereto the rights and easements taken by the Town of'_Lexington by said order dated December 6, 1971, and on December 17, 1971 recorded with said Deeds, Book 12128, Page 432, and registered as Document No. 492994. This release is made without covenants or warranties on the part of said State Street Bank and Trust Company as Trustee as aforesaid, either expressed or implied, in law or in equity, and without recourse to it in any event; and this release shall not in any way affect or impair the 424 Selectmen's Meeting February 4, 1974 rights of said State Street Bank and Trust Company as Trustee aforesaid to hold under said Indenture and any indentures supplemental thereto, upon the terms and conditions and in the manner and for the purposes therein expressed, the remainder of the premises thereby conveyed and not hereby or heretofore released. IN WITNESS WHEREOF, the name of the Town of Lexington has been hereto affixed and this instrument has been executed in:its name and behalf by a majority of the Board of Selectmen and sealed with the Town seal, said Boston Edison Company has caused this instrument to be executed and its corporate seal to be hereto affixed in its name and behalf by Joseph P. Tyrrell, its Vice President, and State Street Bank and Trust Company, formerly State Street State Street Trust Company and later Second Bank - State Street Trust Company, as Trustee as aforesaid and not otherwise, has caused this instrument to be executed and its corporate seal to be hereto affixed in its name and behalf by M.L. Goldberg, its Vice Presi- dent, this Ilthitlay of January, 1974. Approved as to form: Norman P. Cohen Town Counsel of Lexington TOWN OF LEXINGTON By Fred Bailey Alfred S. Busa Natalie H. Riffin Sanborn C Brown Majority of Board of Selectmen BOSTON EDISON COMPANY By Joseph P. Tyrrell (Affix Corporate Seal) V1:ce President STATE STREET BANK AND TRUST COMPANY By M.L. Goldberg (Affix Corporate Seal) Vice President COMMONWEALTH OF MASSACHUSETTS Suffolk, ss January 22, 1974 Then personally appeared the above named Joseph P. Tyrrell,.Vice President of Boston Edison Company, and acknowledged the foregoing in- strument to be the free act and deed of said Boston Edison Company, before me, Victor H. Kazcenlian Notary Republic My Commission expires: June 19, 1975 Selectmen's Meeting February 4, 1974 1, Eleanor M. McCurdy, Clerk of the Board•of Selectmen of the Town of Lebcington, hereby certify that at a regular meeting of the Board of Selectmen duly called and held on February 4, 1974, at which a quorum was present and acting throughout, the foregoing agreement dated Janu- ary 11, 1974, between the Town of Lexington and Boston Edison Company was presented to the meeting and upon consideration thereof it was: VOTED: To sign and deliver the agreement between the Town of Lexington and Boston Edison Company dated January 11, 1974. Attest: Eleanor M. McCurdy Clerk of the Board of Selectmen Mary R. McDonough, Town Clerk of the Town of Lexington, hereby certify that the individuals who executed the foregoing instrument on behalf of the Town of Lexington are duly elected, qualified and acting members of the Board of Selectmen of said Town and constitute a majority of the members of said Board. Mary R. McDonough Town Clerk Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on December 24, 1973. The Board. discussed the meeting to be held during the holiday week. Upon motion duly made and seconded, it was voted to meet on Tues- day, February 19, 1974, at 7:30 p.m. because of Washington's Birthday. Acting Chairman Bailey discussed Town Meeting dates. As you know, Town Meeting is being held on April 1 but looking forward to 1975, we can see some difficulties of having it run through April. Since it was to idea of the Appropriation Committee to change, I have asked the m mbers to talk about it and come back to us. Mr. Cohen: There is legislation now to allow for further sessions and we may be able to postpone Town Meeting. In the past, the statute read that we had to have Town Meeting within 30 days after Election Day. The Beard agreed to wait until the Appropriation Committee returns with recommendations. 425 Minutes 42t Selectmen's Meeting February 4, 1974 Mrs. Riffin and Mr. Busa agreed to represent the Board at a. meeting Scattered on scattered sites to be held on February 14, 1974 at Greeley Village Sites with representatives of the Lexington Housing Authority, League of Women Voters, and the Planning Board. Energy Crisis Gasoline Street Hearings Executive Session The Board discussed the energy crisis and agreed to endorse the following statement to be published in the Minute -man: "The Federal Energy Office recommended the following actions for a system of voluntary gasoline distribution to ease the difficulties motorists are experiencing in buying gasoline: Gas station operators give 10 gallons to every customer and cease preferential treatment. 1 Station operators eliminate dollar limits on gasoline purchases Station operators clearly post hours of operation. Station operators pro -rate daily sales to avoid running out of the month's allocation before the end of the month. Motorists refrain from buying gas unless they need a minimum of five gallons. The practice of "topping off" has contributed to long lines at stations around the state." Mr. Brown: I wonder if we could get the Traffic Safety Committee to look into it. Maple Street, for one, has long lines of cars waiting and the Board is responsible for safety. Mr. Busa: I think we should make an effort to contact service sta- tion owners, meet with them and suggest some sort Of plan not to have long lines of cars blocking streets. If the service stations staggered open, people would be able to get into their driveways. Acting Chairman Bailey: We will put the Selectmen's statement in the newspaper and see if station owners can meet with us. With the input of the Traffic Safety Committee, we can try to work something out. The Board agreed. Board members were reminded t� attend the street hearings in Esta - brook Hall on February 6, 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 matters which, if made public, might adversely affect the public secu- rity, financial interest of the Town, or•the reputation of a person. After discussion of matters of negotiations, personal services budgets, and personnel policy matters, it was voted to go out of Execu- tive Session. Upon motion duly made and seconded, it was voted to adjourn. at 10:25 p.m. A true record, Attest: Executive Clerk, Selectmen 1 1 1 427 STREET HEARING & SUBDIVISION & CONSTRUCTION STREETS February 6, 1974 The Board of Selectmen held a hearing in Estabrook Hall, Cary Memorial Building on Wednesday, February 6, 1974 at 7:30 p.m. Those present were Acting Chairman, Fred C. Bailey; Mrs. Natalie Riffin; Messrs. Sanborn Brown, and Alfred Busa, members of the Board of Select- men; also, Mr. John J. McSweeney, Director of Public Works/Engineering; Mr. James Chase, Town Engineer; Mr. William J. Martin, Assistant Town Engineer, and Mr. Peter M. Chalpin, Traffic Engineer. Mr. Bailey, Acting Chairman of the Board opened the meeting at 7:40 p.m. and introduced those present. He then went on to explain that the purpose of the hearing was to develop information for the Selectmen to use in laying out streets to be presented for acceptance at the Town Meeting. Mr. Bailey informed the residents that there were two types of streets. I. Subdivision Streets - No Betterments (No cost to Town or the abutters) these are Nickerson Road, Carmel Circle, and Prospect Hill Road 2. Construction Streets - Betterments will be assessed The construction streets are: Tewksbury Street, Wachusett Circle, and Wachusett Drive. He stated that hopefully con- struction would startin late Summer and be finished•by late Fall. He also stated that no one should receive notice of assessment of bill until Fall of "75" Mr. Bailey then stated that we would take one street at a time and that everyone would get a chance to state their opinions. Mr. Busa pointed out that after betterments were assessed payments could be carried over a period of years (5-20) at 5% interest, and could be liquidated at anytime. Mr. Patton of 30 Wachusett Drive asked, "What is meant by layout?" Mr. Bailey answered that it is the full amount of land being con- structed 4pon. - Mr. McSweeney stated that it starts at your front property line. The hearing was declared open upon the proposed layout of•Nickerson Road a subdivision street, (from Massachusetts Avenue to Massachusetts Avenue). No one appeared in favor or in opposition and the hearing was de- clared closed on Nickerson Road. Street Hearing d Subdivision & Construction Streets February 6, 1974 The hearing was declared open upon the proposed layout of Carmel Circle, (from Nickerson Road Southerly to the end). Mr. Bailey asked if there were any questions? Mr. Greeley of the Street Advisory Committee asked if any attempt was being made to get a footway from Nickerson Road to Nickerson Road? Mr. Bailey answered "No formal attempt," and asked if there were any further questions? No one appeared in favor or in opposition and the hearing was•de- clared closed on Carmel Circle. The hearing was declared open upon the proposed layout of'Prosp.ect Hill Road from the accepted portion of Prospect Hill Road Northwesterly to Outlook Drive. Mr. Bailey read the description of Prospect Hill Road and stated that there was no intent to reconstruct the street or sidewalk at this time. Mrs. Berggren of 47 Wachusett Drive asked if there was no inten- tion at this time of building sidewalk would it not be accepted now. Steve Murdrick of 72 Prospect Hill Road questioned the layout of Prospect Hill Road and asked if the dark lines on the map marked the edge of town property. Mr. McSweeney explained that the dotted lines were private way, and the dark lines were the layout width of the property line. Mr. Chase stated that there would be no land takings on Prospect Hill Road. Mrs. Anne Berg - 24 Wachusett Drive Mr. Steve Murdrick - 72 Prospect Hill Road Mr. Mahoney of 3IA Wachusett Drive were all in favor of acceptance. Mr. Bailey read all related correspondence, he also stated that one section of Wachusett Drive is going to be changed to PROSPECT HILL ROAD, and will be accepted as a Town way. Mrs. Mahoney, 3IA Wachusett Drive stated that there were no side- walks on either side and asked why, when it was resurfaced no sidewalks were put in? She asked if there were accepted streets without sidewalks. Mr. McSweeney answered, "a number of them." Mr. Greeley stated that Prospect Hill Road was accepted a.great many years ago. He says its more sensible to build sidewalks when doing major repairs. Mr. Bailey explained .that it will be less expensive to put in when putting in street than to go back and put in at a later date. Mr. Mahoney, 3IA Wachusett Drive said that this was a point well taken. He also said that sidewalks were not needed on Wachusett Drive, but were needed on Marrett Road. No further comments, and hearing was declared closed on Prospect Hill Road. 1 Street Hearing & Subdivision & Construction Streets February 6, 1974 Mr. Bailey declared the hearing open upon proposed layouts of Wachu- sett Drive and Wachusett Circle. He informed residents that the first layout was Wachusett Drive from Prospect Hill Road easterly and included numbers (Lots) 37 & 38. 2nd. Layout - Wachusett Circle from Prospect Hill Road northeasterly around to Wachusett Drive. Mr. Bailey read a fetter for postponement of Wachusett Drive and Circle sent by abutters. He also read several letters sent in prior to 12-17-73 meeting, one being a telegram in opposition received from Carl Blake who is out of the country. Mr. Pfeil of 43 Wachusett Drive presented a notice of opposition to Mr. Bailey who also read a letter from Mr. Zehner (who was unable to attend) stating he (Mr. Zehner) was in favor of portions "A" and "B" which were discussed at the informational hearing of 12-17-73. He was opposed to Plan "C". Mrs. Mahoney stated that this was not the same plan as previously seen. Mrs. Berggren questioned the width of the right of way. Mr. Chase informed her that there would be a 24' roadway; a 40' lay- out, and a 5' sidewalk. Mrs. Berggren then questioned the grading. Mr. Chase stated that we were concerned with grading also, but were more concerned with drainage than anything. He stated that there would be no big change. Mrs. Berggren asked why, if Spring Street was 18 feet wide Wachusett Drive had to be 24 feet? Mr. Greeley said Spring Street was not 18 feet wide. Mr. McSweeney stated that Spring Street was 22 to 25 feet wide. He said the rules and regulations adopted call for a 50 foot layout with a 24 foot pavement. Mr. Bailey said that the streets were constructed on a town wide basis, with the ability to have traffic move smoothly when cars are parked on the side of the road. Mr. McSweeney asked Mr. Berggren of 47 Wachusett Drive if he had attended the Spring Street hearings? Mr. Berggren answered, "No, he had not." Mrs. Berggren said that Spring Street is narrower than 24 feet. Mr. McSweeney answered, "Yes," a point in Spring Street is narrower. Mr. Bailey stated that years ago other standards prevailed. Mrs. Berggren asked how long this standard has been adopted? Mr. McSweeney answered, "Since 1965." Mrs. Berggren then asked if the cost is based on the real cost of the road? Mr. McSweeney answered, No! He stated that the cost is estimated over the past five years. 429 430 Street Hearing & Subdivision & Construction Streets February 6, 1974 Mrs. Berggren wants the acceptance postponed for e0000mic reasons. She also stated that she would not mind the acceptance if the street was left at 18 feet, and not made 24 feet. Mrs. Anne Berg, 24 Wachusett Drive stated that it would change the whole environment of the neighborhood and that it would increase speed in traffic. Mr. Chalpin, the Traffic Engineer said that most users would be residents of that area, and he is sure they will not speed. Mr. Mahoney of 3IA Wachusett::Drive asked what would happen to their trees from Wachusett Circle to Waltham Street. Mr. McSweeney answered that only 8 trees in Wachusett Circle and Wachusett Drive would be involved. Mrs. Anne Bowman of I Wachusett Drive stated that her street does not go anywhere near Wachusett Circle, and asked if in the future "Section -C" would be brought up again? Mr. McSweeney answered that it was not very likely. He said that if it becomes a safety hazard the Board may have to reconsider. Mr. Pfeil of 43 Wachusett Circle was in favor of acceptance, mostly because of the drainage problem. Residents of ,2 Wachusett Circle, Mr. & Mrs. Vote were in'favor bt+t stated they could see no reason for a 24 foot roadway. Mrs. Berggren, 47 Wachusett Drive stated that the one major point was drainage in Wachusett Circle, and that it would save everybody's money if they could just put in the drain without accepting the street. Mr. Bailey asked if anyone else was in favor or opposed? The following residents answered: In Favor 3IA Wachusett Drive 47 Wachusett Drive 39 Prospect Hill Road 42 Wachusett Drive 61 Prospect Hill Road 37 Wachusett Drive 38 Wachusett Drive 31 Wachusett Drive 69 Prospect Hill Road 35A Wachusett Drive Opposed 72 Prospect Hill Road 30 Wachusett Drive 19 Wachusett Drive William J. & Dorothy T. Mahoney Ralph R. & Gretchen Berggren (If roadway left at 18 ft,) Frederick & Charlotte Gero Luther M., Jr. & Edith G. Hoyle Peter M..& Andrea M. Pollack Richard F. & Rita E. Kiley William T. & Margaret Watson James D. & Elinor P. Lynch John M. & Florence M. Murray_. Sherry Ossman Stephen & Joan Murdrick William L. & Bianca S. Patton Bruce S. & Eva Gordon 1 Street Hearing & Subdivision & Construction Streets February 6, 1974 Opposed (Can't.) 28 Wachusett 2 6 Wachusett 23 Wachusett 24 Wachusett 33.Wachusett Drive Drive Drive Drive Drive Leonare W. & Mabel G. Bowles Jean Mayo George E. & Rose S. Eilard Robert S. & Anne G. Berg Jerry Ann Johnson Resident of 35 Wachusett Drive questioned where the drain was going to go. Mr. McSweeney answered that he did not know where we were going to put the drain. Mr. Chase stated that two catch basins will be put at the low point. A resident asked if they (the residents) could get together and have the drain put in. Mr. Bailey answered that it is possible and has been done in the past. Mr. McSweeney said in that case you are asking for "sub -division standards," and that you cannot just put in drainoge. He said it was not functional, and would not work. Mr. Greeley asked if this could be done for less than their bill? Mr. McSweeney answered "no," and went on to explain that at best it would run $30.00 per foot if done privately, as to $60.00 per foot by the Town, payable 1/3 by the Town; 1/3 by the abutters; and 1/3 by both sides. The resident of #2 Wachusett Circle asked if it should be accepted and something was done wrong would they have recourse to the Town? Mr. McSweeney answered, "You sure dol" He then asked if.there were anymore questions? Mrs: Berggren asked if they would hear what decision the. Selectmen came to? Mr. Bailey said that as soon as we take a vote, I'm sure the Press will publish the results. Mrs. Riffin a member of the Board of Selectmen, made several refer- ences to Spring Street. She also suggested that one of the residents of Wachusett.Drive and Circle canvas the neighborhood about the flexibility of the width of the street; that is an 18 foot, as to a 24 foot, and see how many would be in favor if left at 18 feet. No more questions and the meeting was declared closed on Wachusett Drive & Circle. Mr. Bailey went on to inform everybody that their opinions were appreciated and that they would all be taken into consideration. The hearing was declared open upon the proposed layout of Tewksbury Street from Bedford Street southwesterly to Roger Greeley Village. A number of letters and petitions were read by Mr. Bailey. 43 432 Street Hearing & Subdivision & Construction Streets February 6, 1974 Mr. Dunbar of 98 Bedford Street is opposed to.the construction of Tewksbury Street and stated several reasons for this opposition, which include: 1. The impossibility of being able to exit onto Bedford Street. 2. Asphalt would not be an improvement, Mr. Dunbar says that crushed stone would make a good ecological covering. 3. Read letter of opposition. The Bettencourts of A2 Tewksbury Street are in favor of the,accept- ance of Tewksbury Street, but feel that the sidewalk should be.kept on the even numbered side. Also in favor of acceptance is Mrs. Noyes of 15 Tewksbury. Street. Those in favor of Tewksbury Street acceptance were: Albert H. & Elinor Bettencourt - 2 Tewksbury Street Christine Noyes - 5 Tewksbury Street Also in favor of Tewksbury Street acceptance were a number of resi- dents of William Roger Greeley Village, (copy of signed petition enclosed) which was presented at the hearing by Mrs. Florence E. Haigh, President oft:heGreeley Villagers Club. Those Opposed: Mary Rudd Robert & Elizabeth Dunbar Mrs. Carol S. Miller - 7 Tewksbury Street - 98 Bedford Street - 92 Bedford Street Mrs. Bettencourt asked who submitted original petition? Mr. Chase answered the Department of Public Works. Mrs. Anne Scigiiano of the Lexington Minuteman asked if it would be possible to make an entrance at the other end? Mr. Chalpin, the Traffic Engineer was asked if accepted could it be made "ONE-WAY" to Greeley Village. Mr. McSweeney answered "Off -Hand, Nol" Mr. Bailey asked if there were anymore questions? No more questions and hearing declared closed at 9:10 p.m. Respectfully submitted Mary B. Winsor 1 SELECTMEN'S MEETING February 11, 1974 A regular meeting of the Board of•Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 11, 1974, 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 upon petition of the New England Telephone and Telegraph Company for the location of underground conduit on Massachusetts Avenue for the Minuteman-Rgeional.,Yocational Technical School. Notices of the hearing were sent to the abutters, as listed on the Assessors' maps and, also, filed with the Director of Public Works/Engi- neering. Chairman Kenney read a letter from Mr. David L. Moffitt, Superin- tendent of the National Park Service, stating that he had reviewed the proposal and had no objections or comments to make. A report from Mr. Emanuele Coscia, Jr., DPW Manager of Planning and Administration, stating that after review of the proposal, it is recom- mended that approval of the location be granted. Marrett Road is in- volved and a permit for construction must be issued by the State Deparment of Public Works. No one was present representing the Telephone Company. No one being present in favor or in opposition, Chairman Kenney recommended that approval be granted as the project is to service the Minuteman School and has the approval of the Department of Public Works. Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone and Telegraph Company for the following location of conduit: Massachusetts Avenue: From Pole 57/233, westerly, approximately 48 ft. of underground conduit. Chairman Kenney read two petitions from the New England Telephone and Pole Telegraph Company and the Boston Edison Company for the relocation of poles. Reloca- Recommendations from the Department of Public Works were read recom- tions mending that approval be granted. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone and Telegraph Company and the Boston Edison Company for the following relocation of poles: Conduit Location Mass Ave. Bow Street: Approximately 111 feet, southerly, from Rawson Avenue, Bow St. one pole; also, one pole to be removed. 434 Waltham St. Selectmen's Meeting February II, 1974 Waltham St: Approximately 66 feet, from the northeast corner of Brookside Ave., northwesterly, one pole; also re- move one pole. Mr. O'Connell informed the Board that bids had been received on January 17, 1974 for sanitary sewer construction on Blossom Street, • Contract Lawn Avenue, etc.•and for the Constitution Road pumping station. 73-7-E It is the recommendation of the Director of Public,Works/Engineering, Sanitary and I concur, that the contract be awarded to Antoneilis & Curley,, Sewer Con- Inc., 41 Kearney Road, Needham, in the amount of $139,189.67. struction Upon motion duly made and seconded, it was voted to award Con- tract 73-7-E Sanitary Sewer Construction to Antoneilis & Curley, Inc. in the amount of $139,189.67, authority for which was contained in Article 20 of the 1973 Annual Town Meeting. Mr. O'Connell informed the Board that bids had been received on February 7, 1974 for test borings in various locations for the purpose Cpntract of•.designing roadways, various underground utilities and structures 75 -I -E from time to time, as needed, on a periodic basis. It is the recom- Test mendation of the Director of Public Works/Engineering, and I concur, Borings that the contract be awarded to D.L. Jones Investigations, Incorporated in the amount of $6,700. Upon motion duly made and seconded, it was voted to award Contract 75 -I -E Test Borings to D.L. Jones Investigations, Incorporated, 114 Russell Street, Peabody, in the amount of $6,700. Authority for this work is contained in various Articles, depending upon the purpose of the project. The Recreation Committee met with the Board. Mr. Wertheim, Chairman: The Committee has met and the decision Recreation was to meet with the Selectmen. 1 ask Mr. Gallagher to speak for us. Committee Mr. Gallagher: We would like you to know the priority of soft - Budget ball lights at the Center court playground, and would like to know what we could do to get this article on the warrant. If we had known it would not be on it, it most likely would have been put in as a citizens' article. We spend much time on the capital budget and, in the future, we would like to meet with the Selectmen and the Town Manager on background and arguments for same, and get this information to you for a valid decision. We would certainly like an answer. We think recreation ought to be done by the committee and not by a citi- zens' group. The committee feels it does all the work and priority gets shuffled between transit and the articles in the warrant. Chairman Kenney: You will recognize that our capital requests are obligated to go through ordinary procedure? Mr. Gallagher: Right Chairman Kenney: Presuming it was an article in the warrant, you would ask Town Meeting to appropriate funds for lighting the softball field? 1 1 Selectmen's Meeting February 11, 1974 Mr, Gallagher: 1 think the committee would say it is No..2, whether or not we would recommend passage at this time. Chairman Kenney: We had understood, due to the emergency crisis, that your committee would agree to postpone it. Perhaps it would be more advantageous in the future to meet to attempt to select priority items of those that should go to Town Meeting, but I don't think the committee should go in with priority projects of their own. Mr. Gallagher: We realize we are advisory to the Selectmen but •we developed background data so decisions can be made, and this is the unanimous decision of the committee on December 12 that it be left on •and had a priority schedule. We fully realize that there is a refining process going on and we areasking because we have the feeling we are not getting through to you folks. Maybe it is a matter of communica- tion and if we could meet to go over capital requests. Chairman Kenney: The Selectmen accepted that softball lighting was one ofyour priority items but the energy crisis came along and the situation changed; we felt it was the feeling of your committee to post- pone. It would be constructive if, in the future, after you submit the budget to the Town Manager and he has a chance to evaluate'i't„ you meet with the Selectmen and.answer questions. Mr. Gallagher: We met with the Appropriation Committee the other night end they didn't seem to have the information, and they never saw our entire proposal. Even if you don't agree with our priorities, we would like to see that they have the overall picture. Chairman Kenney: In answer to your question if it can go on the warrant, the answer is, "No." Mr. O'Connell: The question of lighting of the softball fields was discussed with the Recreation Committee when their projects were being discussed. Mr. Gallagher said there was a desire of input on capital budgets; the law requires they submit it as part of the capital process. Chairman Kenney: I said that, and if they wish after that to meet and give added input. Mr. O'Connell: 1 -am objecting to the statement that they said they met with the Appropriation Committee and they didn'-t have fullinforma- tion. As this Board knows, this is not a statement of fact as the Appropriation Committee has the same information as the Selectmen. Mr. Gallagher: I asked the Appropriation Chairman'if he had the priority schedule and he said he didn't have it. Mr. O'Connell: Your priority schedule was altered. Chairman Kenney: We would be pleased to put your request into effect. Also, when you get a chance at Town Meeting to present informa- tion, this will give you an opportunity to broaden out because of the energy crisis. You do have an opportunity to tel1'the townspeople and Town Meeting what your priorities are. There should be background given for the.decisions and, as far as this budget session goes, l would say it was concluded. 435 436 Bedford St. Hartwell Avenue Connector Selectmen's Meeting February 11, 1974 Mr..Busa: I would comment on informing the committee of the pro- cedures in the future. . Mr. O'Connell: They are told every year. The Recreation Committee retired from the meeting. The Planning Board and Representative Lincoln Cole met with the Board. Chairman Kenney: 1 have asked for this meeting to discuss the Town's position before we meet with Commissioner Campbell on Wednesday. We are in agreement in terms of approval of the State DPW that the number 1 priority is the construction of the Hartwell Avenue connector. Dr. Clarke: At the same time, we don't want to leave the other aspects out of the picture - the master plan of Tophet Swamp and the circumferential road. Mr. McSweeney: In 1967, we studied the area and Lincoln Lab par- ticipated. The Concord Planning Board was also thinking about Route 62 and the circumferential and access road came about. Last July, the concept of a parking lot for the MBTA and the Bicentennial came up. We have met with the State DPW and we have had various promises, which all amounted to 90 to 100 percent participation. Since then, SILC came into the picture with a circumferential highway. The latest thing on Bedford Street, due to present and future development is that we are going to need 6 lanes on Bedford Street due.to motels. Dr. Clarke: ,We are pretty much agreed that you could solve this problem on Bedford Street and Hartwell Avenue,and it would not be a long range solution. We prefer the connector. Chairman Kenney: The Town's position essentially remained un- changed. When we began our discussion, we were wrapped up with Route 2 and only until the parking lot and the cloverleaf arose did the Commissioner really become interested. He said the outside consul- tants would begin the design work and, apparently, they did. I hope Representative Cole will be at the meeting as we wi11 be talking about the Bedford Street lights, also. Rep. Cole: 1 plan to be there; if not, Mr. Radlo of the State DPW will be present. Chairman Kenney: Additionally, we are willing to cooperate with SILC. The Planning Board agreed. Mrs. Brown: There is vagueness among us as to the relationship of Bedford Street. Mr. McSweeney said that 7 years have gone by - and we now need Hartwell first. Chairman Kenney: Yes, but that is not to slight Bedford Street. Then, we can adapt ourselves to Bedford Street. Dr. Clarke: We need to have an integrated plan for.the whole area. Chairman Kenney: I caution you not to branch out too far. 1 Selectmen's Meeting February 11, 1974 Mr: Stanley Brown: I have heard it is largely a political issue. How adamant should we be? Dr. Clarke: They brought up the plan themselves. Mr. McSweeney: .We received approval of the concept of an access road, and we have been right up to the point of financing. Dr. Clarke: On the wetland, the Planning Board takes the position suggested by Maguire that up to 50 percent of the wetlands can be filled. One of the high priority uses of this area would be the connector, and that would be one of the first things. Mr. Briggs: Are we going tobepushing for the first and,second phase? Are you talking about a full cloverleaf? Chairman Kenney: No. Mr. McSweeney: Our position is we are going in to find out what is happening, and we are going to find out. The Planning Board retired from the meeting. Chairman Kenney read a letter of resignation from Daniel Small as Lexington's representative on SILC. Upon motion duly made and seconded, it was voted to accept the resignation of Daniel Small as Lexington's representative on the Subur- ban Intertown Liaison Committee. Mr. Brown: I would like to put off appointing another member until after the Town election. The Board agreed. Mr. Cohen requested the Board to sign the Conservation easement on land owned by Ralph Cataldo of Bow Street. The Town is also giving a right-of-way over a Town -owned strip so that Mr. Cataldo may sell a piece of land to MaI's Auto Shop for parking. Upon motion duly made and seconded, it was voted to sign the Con- servation easement on land owned by Ralph Cataldo of Bow Street. Mr. Cohen requested the Board to sign the order of taking of land owned by Mrs. Carmella Manfredi, Belmont, located on Valleyfield Street. The 1965 Town Meeting voted to take this land and it is my recommenda- tion to award $2,600 in damages. Upon motion duly made and seconded, it was voted to sign the order of taking of three lots of land shown as Lots 59, 60, and 61 located on Valleyfield Street, for recreation and playground purposes, with an award of damages in the amount of $2,600. Chairman Kenney read a request from Mr. McSweeney to sign the con- tract with Barnes Engineering Co. for engineering survey services. Upon motion duly made and seconded, it was voted to sign the con- tract with Barnes Engineering Co., Inc. for engineering survey services on Marrett Road, as authorized under Articles 58 and 59 of the 1972 Annual Town Meeting, and on Bow Street, as authorized under Article 60 of the 1973 Annual Town Meeting. 437 SILC Resignation Cataldo Conservation Easement Manfredi Land Valleyfield Street Barnes Engineering Contract 438 Sewer Con- structions Orders Blossom St. Lawn Avenue Gasoline Dealers Resignation Historic Districts Commission General By -Laws Amendments Loading Zone - First Baptist Church Selectmen's Meeting February 11, 1974 Upon motion duly made and seconded, it was voted to sign the order of construction of sewer on: Blossom Street from Concord Avenue, 1396± ft. northerly to end at cul-de-sac Lawn Avenue from Webster Road, 495- ft. to end at cul-de-sac. The Board discussed the gasoline retail distribution problem. Mr. O'Connell: The Governor's plan is based on the Oregon -plan and each classification of plate falls into a category; there would be a group of exempt vehicles and out-of-state vehicles. Mayors or Selectmen are asked to meet with dealers to discuss their problems. Mr, McSweeney: Captain Lima (Police) has looked at this and the Traffic Committee feels the Board should meet with the owners after a one week experience. The Board agreed Mr. McSweeney is to bring back a report and a meeting with owners of gasoline stations will be arranged. Chairman Kenney read a letter of resignation from Philip B Parsons as a member of the Historic Districts Commission, representing the Arts & Crafts Society, effective immediately. Upon motion duly made and seconded, it was voted to accept:with regret the resignation of Philip B. Parsons as a•member of the Historic Districts Commission, effective immediately. Mr. Cohen informed the Board that the amendments to the General By -Laws have been prepared. The report and recommendations are to be signed by the Board of Selectmen and filed with the Town Clerk, in accordance with Article 89 of the Warrant for the 1974 Annual Town Meeting. Upon motion duly made and seconded, it was voted to sign the re- port and recommendations of the Board of Selectmen relating to -amend- ments of the General By -Laws, to be placed on file with the Town Clerk. The Board agreed to meet with the Town Meeting Members Association to discuss the amendments. Chairman Kenney informed the Board that a letter has been received from Mr. Jaquith of the Historic Districts Commission that a hearing has been scheduled on Wednesday on the application of the First Baptist Church for a Certificate of Appropriateness for the installation of a circular driveway and parking area in front of the Chapel on the easterly side of the main church building, and the installation of so much blacktop close to Massachusetts Avenue would seriously detract from the appearance of not only the Church property but also that portion of the Massachusetts Avenue area. 1 1 1 439 Selectmen's Meeting February 11, 1974 After discussion, it was agreed to inform the Historic Districts Commission that the Board feels that the construction of a driveway, as proposed by the First Baptist Church, would not solve the problem and coult conceivably create traffic hazards on what is already a con- gested area. A loading zone would well serve their needs and would be a more preferable solution than the construction of a circular drive- way. Upon motion duly made and seconded, it was voted to instruct the Traffic Safety Committee to make arrangements to install a loading zone in front of the premises of the First Baptist Church for a trial period of 90 days. The. Board agreed to arrange a meeting with the Planning Board, Wachusett the Street and Sidewalk Committee, and residents of Wachusett Drive Drive and Wachusett Circle on next Monday evening, February 19. Mr. Buse recommended that the bid for storm windows for Buckman Tavern be awarded to R & M Wood Products_ Company of Brighton. Buckman Upon motion duly made and seconded, it was voted to award the Tavern contract for the installation of thirty-four storm windows on the Storm Buckman Tavern to R & M Wood Products, Inc. in the amount of Windows $3,520.00. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating, or voting on 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: Executive Session Executive Clerk, Selectmen 440 Town Report Freedoms Foundation Award Grant St. Parking Gift of a Bicenten- nial flag SELECTMEN'S MEETING February 19, 1974 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, Buse, Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town McSweeney, Director of Public Works/Engineering; Mrs Clerk, were present. held in the Select- , February 19, 1974 Brown,and Mrs. Counsel; Mr. . McCurdy, Executive Mr. O'Connell informed the Board that the Town has received•recog- nition, on behalf of the Town Report Committee, from.the Freedoms Foundation of Valley Forge of an honor certificate award for the 1972 Town Report for its contribution to better communication in Town Govern- ment. Since the integral part of Town Government is Town Meeting, arrangements could be made with Town Moderator Cole to present the award to Mr. Zehner, Chairman of the Town Report Committee, at one of the Town Meetings. The Board agreed that Mr. O'Connell is to make the arrangements. Chairman Kenney read a memo from the Traffic Safety Committee stating that, at the request of the Police Department, the Committee discussed parking on the Westerly side of Grant Street between Massa- chusetts Avenue and the Railroad bridge. It was felt that reducing the restriction in this area, which calls for No Parking from Massa- chusetts Avenue 225 feet Northerly, would add much needed parking spaces. We currently have nine parking spaces in th•i.s area and the adoption of the amendment to the Traffic Rules and Orders will add three spaces. Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders as follows: By deleting from Article V, Section 2, Schedule #I, the following: Location, Side From To Type Parking Grant Street West Mass. Ave. 225 Feet Northerly No Parking And by adding to Article V, Section 2, Schedule #I, the following: Location Side From. To Type Parking Grant Street West Mass. Ave. 75 Feet Northerly No Parking Mr. Henry Fradette of Fitchburg met with the Board to present Bicentennial flags to the Board of Selectmen and the Bicentennial Committee. 1 Selectmen's Meeting February 19, 1974 Mr. Fradette: I have designed the flag to commemorate the begin- ning of the War for Independence from the time Paul Revere left Boston until the end of the Battle of Bunker Hill in 1775. Mr. Brown: Do we have any idea of how many other people are design- ing Bicentennial flags? We should have our options open and say this is "a" Bicentennial flag, not "the" Bicentennial flag. Chairman Kenney: I agree. Mr. Fradette offers it to the. Town with no strings attached. Mr. Fradette: I am offering Towns. I have asked for a patent American Revolution. - The Board accepted the flags it to the Town as I did to other as a flag of the Bicentennial of the as a gift from Mr. Henry Fradette. Chairman Kenney read a request from Mrs. Robert Gildea, 6 Parker Street, for a sidewalk on Wood Street in the vicinity of the gates to Hanscom Field. TheBoardagreed to inform Mrs. Gildea that there are no funds available at this time as the budget has been submitted for approval of Town Meeting but she could contact the abutters involved and peti- tion for consideration in next year's sidewalk budget. Chairman Kenney read a recommendation from the Director of Public Works/Engineering to abate water bills. 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: Pasquale Luongo Austin Maloney David S. Becker Robert McGlllion Buckman Drive 18 Blossom Street 18 Augustus Road 352 Marrett Road $ 8.75 14.00 31.39 9.06 Meter Taken Out Biller's Error Biller's Error Wrong Meter Reading Chairman Kenney read a letter from the Chamber of Commerce regard- ing meetings being held in the Visitors' Center. When meetings are held by groups upstairs, the building is without security on the lower levels and readily accessible to intruders who could cause damage to the diorama of the Battle of Lexington and/or other valuable and interesting exhibits on display. There is also the possibility that the inventory of the Chamber could be pilfered. We would like to sug- gest that.some consideration be given to custodial services during the hours that the building is being used. After discussion, it was agreed to write to the Chamber of Com- merce that the Board feels a custodian is not necessary as the use of the meeting rooms at the Visitors' Center is reserved for official Town -affiliated groups and they are held responsible for the security of the building. Also, it will be recommended that the groups meet on the first floor if the space will accommodate their numbers and the custodian could be notified in advance to set up tables and chairs. 441 Sidewalk Request Gildea Abatement Water Bills Visitors' Center Meetings 442 Resignation Bicentennial Committee Selectmen's Meeting February 19, 1974 Chairman Kenney: Mr. David Hughes is contacting committees in order to schedule all meetings in the Town Office Building on Monday and Tuesday evenings. Mr. O'Connell and 1 will discuss the Historic Districts Commission meetings which. are now scheduled for Wednesdays. Chairman Kenney read a letter of resignation frpm Alan G. Adams as a member of the Bicentennial Committee. Upon motion duly made and seconded, it was voted to accept with regret the resignation of Alan G. Adams as a member of the Bicenten- nial Committee, effective immediately. The Board agreed to table the request from the exington Visiting Nurses Association for an appointment of a Board mem er to the Board of Directors. At 8:00 p.m., residents of Wachusett Drive and met with the Board. Also present: Mr. Greeley, Str Wachusett Committee; Dr. Clarke, Planning Board; Mrs. Frick, C Drive and mission. Wachusett Circle achusett Circle et and Sidewalk nservation Com - Chairman Kenney read petitions, dated February 3, 1974, for the postponement of the acceptance of Wachusett Drive and Wachusett Circle because of the combination of three factors: 1. The present condition of the road is better than it has been in seven years. 2. The general nature of the road which the neighborhood has lived with for 15`to 20 years without one previous petition has not suddenly or even gradually deteriorated. 3. The present economic conditions have not been as bad since 1947 and the best estimates for the next one or two years are even more dismal. We are asking you, the Selectmen, to recommend to Town Meeting that the acceptance of Wachusett Drive and Wachusett Circle be postponed to a more auspicious year. Dorothy A. Mahony, Wii!'1am'J Mehony, 3IA Wachusett Drive; Ralph R. Berggren, Gretchen Berggren, 47 Wachusett Dcive; Vicki J. Gero, 39 Prospect Hill 'Road; Luther M. Hoyle, Jr., Edith G. Hoyle, 42 Wachusett Drive; Andrea M. Pollack, 61 Prospect Hill Road; Richard F. Kiley, Rita E. Kiley, 37 Wachusett Drive; William 1. Watson, Janet P. Watson, 38 Wachusett Drive; Jerry A. Johnson, 33 Wachu- sett Drive; Phillip R. Shaw, Sandra J. Shaw, 31 Wachusett Drive; John F. Solan, Jr., Bonnie Solan, 65 Prospect Hill Road, Florence M. Murray, 69 Prospect Hill Road. 443 Selectmen's Meeting February 19, 1974 2nd Petition: We are not abutters but we live in the immediate neighbor- hood and use the roads. We are asking you to recommend to Town -Meeting that the acceptance of Wachusett Drive and Wachusett Circle be post- poned. Susan C. Hodgkins, 33 Prospect Hill Road; Mabel G. Bowles, 28 Wachusett Drive; William Wood, Sandra Wood, 8 Wachusett Drive; Eva Gordon, 19 Wachusett Drive. Petition dated February 13, 1974: The undersigned, all being abutters, wish to inform the Selectmen that we would favor the construction of Wachusett Circle and Wachusett Drive only: as an 18 -foot road, with the center following as closely as reasonable the center of the present pave- ment; with a sidewalk on the north side of Wachusett Drive generally at the edge of the Town right-of-way and with the grass area of the ttiangle at the Wachusett Drive -Prospect Hill Road corner substantially unchanged from the present condition. We hope the trees at the mail box corner and the cedar at 47 Wachusett Drive can remain. Ralph Berggren, Gretchen Berggren, 47 Wachusett Drive.; Audrey J. Friend, 3 Wachusett Circle; Vicki J. Gero, 39 Prospect Hill Road; Janet P. Watson, William 1. Watson, 38 Wachusett Drive; Mary Davis Pfeil, John S. Pfeil, Jr.; 43 Wachusett Drive; Charlotte L. Vote, Frederick W. Vote, 2 Wachusett Circle; Agnes L. DuFour, 45 Wachusett Drive; Sandra J. Shaw, Phillip R. Shaw, 51 Wachusett Drive; Andrea M. Pollack, 61 Prospect Hill Road. Chairman Kenney read a report from the Street and Sidewalk Advisory Committee: The Committee recommends the Wachusett Drive-Wachusett Circle - Prospect Hill Road proposal substantially as submitted. We stress the importande of handling drainage adequately, especially in Wachusett Circle and on the Wachusett Circle side of Prospect Hill Road. We think it worth recording that Selectman Bailey gave assurance that betterment assessments would not become due before mid -1974. A major issue is the width of roadway. We recommend a 24' pave- ment for Wachusett Drive; and either 24' or less for the Circle. It is our opinion that the character at Wachusett Drive, and the fact that it is destined to be used for much travel other than just to the homes on the Drive amply justify the recommended width. However, we again stress that there is a great need for the Town to establish standards, or guide- lines, to be used in improving old streets with narrower roadways than are called for in new subdivisions. We add two major items relative to Wachusett Drive. 1. The flow of storm water down the east end of the Drive, onto Waltham St., creates a deplorably unsightly and unsafe condition. We urge that steps be taken immediately to correct this situation. There is no probability that this part of Wachusett Drive will be constructed as a traveled way in the near future. Hence, it is not wise to delay correcting the drainage situation until the street is laid out and constructed. We submit that the drainage could probably be charged to "maintenance" at Waltham Street. 444 Selectmen's Meeting February 19, 1974 2. The easterly parts at Wachusett Drive should be carefully studied by the Planning Board and the Engineering Department to deter- mine whether. the currently steep and excessively rough. stretch near Waltham Street should be closed off (probably permanently) to vehicular travel and a turn -around constructed at the.end of the presently used roadway, or whether it appears desirable to program the entire easterly section for improvement, to Waltham Street. There seems to be no valid reason for indefinitely avoiding this decision. We believe the owners are entitled to a policy decision by the Town. (Signed) R.B. Greeley For the Committee Mrs. Gretchen Berggren, 47 Wachusett Drive Of the 10 households signing the petition of.February 13, all of us would prefer to see an 18 ft. road to a 24 ft. road. If we don't have it narrower, we would go back to postponement.. Mr. McSweeney: An 18 ft. roadway is not feasible; it is a high maintenance cost for the Town to accept this. On a,24 ft. road, you have minimum standards; it is the,accepted roadway width for neighbor- hood streets. Chairman Kenney: It is the opinion of the Engineering Department and the Traffic Safety Committee that a substandard road is unsafe and economically unfeasible. Dr. Clarke: About three years ago, the Planning Board came to the point that street standards are not as safe as they could be. Up to this time standards were set for subdivisions and we thought it was an improper use of our standard. Officially, the standard is 30.ft. For these reasons, the Planning Board felt it should revise them. Two years ago, a draft was written for new standards but we lost our Planning Director, so nothing has been done. However, we hope to get at it this year. A residential street that does not carry significant traffic from town was based on the idea of cars 7 feet wide and -clear- ance of 3 feet, and a minimum street should be 18 ft. wide. The range should be 18 to 24 feet, provided with the desires of people living on it. If some people wanted 18 feet, and some people wanted to park on it, it should be 24 feet. On the older streets on settled ways effort should be made to keep to the lowest width and not change the character of the street itself. Chairman Kenney: Do the people who signed the February 13 peti- tion understand there would be=no parking on the street? Mrs. Berggren: That is the way we have always handled it. Mr. Bailey: Where do we stand on solving the drainage problems without having to improve the street above? Chairman Kenney: We could install a drain on Wachusett Circle and connect to the existing Town drain. Do Wachusett Circle only, and this would involve $10,000. 445 Selectmen's Meeting February 19,1974 Mr. McSweeney: The main drain would have to come dwon Wachusett Drive, and there would not be catch basins. This would be in -the vicinity of $8,000 to $10,000. Mrs. Charlotte Vote, 2 Wachusett Circle: This still does not solve the problem of the width opening of Wachusett Circle; you'have the entire triangle cut off at 24 feet. Chairman Kenney to Dr, Clarke: Do I understand that the Planning Board is not making a recommendation now? Dr. Clarke: We tentatively propose a range between 18 to -24 feet. We have not come out with a formal document now. Mr. Greeley: We see no validity in narrowing below the Circle. We recommend sticking to the accepted standards that are in practice until the Planning Board, the Selectmen, and the Traffic Safety Commit- tee have agreed to some policy of having narrower streets. Mr. Brown: How many areas are there in Town, and how big a project is it to come up with a general policy that these streets can fit into? Is this a tremendous job for the Planning Board? Dr. Clarke: I would think it would be 10 percent'of the streets that are not accepted. It would be a 3 or 4 months' job, particularly as we cannot get at it for 3 months. Mr. Buse: I think it is possible to vote to lay out at this time and wait for the Planning Board to come up with changes. Mr. Bailey: If we vote to lay out, we have to have a specific pave- ment. Chairman Kenney: It would be easy for us to say 18 feet but the best information from our advisers is that this is substandard and not safe. If we do not act in the best interests, then we are not doing the job we are supposed to do. I wouldn't vote to support 18 feet. Mr. Bailey: Neither would I support 24 feet if it caused as much distress as this. Mr. Downey: Where does this type of proposal come from? . .Chairman Kenney: There is a drainage problem. .Over the years, the street has been in a state of disrepair and we were petitioned by the abutters. Mr. Greeley: I would ask Mr. McSweeney to estimate how much of the $8,000 for drainage would be wasted if we approved Wachusett Drive in a year or two? Mr. McSweeney: None of it would be a waste; it is a permanent drain. Mrs. Vote, 2 Wachusett Drive: We signed the first petition and until we actually saw the engineering drawing, we didn't have a way of visualizing how the street would be like when they got through with it. I expected the street to be essentially the same but it looked totally different and a 4ot of us object to it and it will be used differently by people coming down from Prospect Hill. The corners are going to be completely cut off and paved. Chairman Kenney: Even at 18 feet, you would have to make consider- able change in the road. 446 Waltham Ancillary Manpower Appointment Gasoline Station Owners Signatron Boston Edison Hartwell Avenue Selectmen's Meeting February 19, 1974 Mrs. Vote: We realize that but there would be no triangle when. they are through. Chairman Kenney: The street as it 'stands now floats all over the right-of-way. Mrs. Pfeil, 43 Wachusett Drive: The main reason the petition was started was because of drainage. We go along with 17 feet and don't want the street changed by cutting off the triangle. Mr. Bailey: It is not possible to build even an 18 ft. street without chopping into that triangle. Mrs. Vote: I would rather live.with the drainage problem than see the street change that much. Chairman Kenney: The Board will take the matter under advisement. All interested parties retired from the meeting at 8:37 p.m. Chairman Kenney read a request from Waltham Mayor Clark for the appointment of two representatives of Lexington to the Waltham Ancil, lary Manpower, Inc. The Board agreed to reappoint Mr. Mongiello and to submit another appointment from the proposed Personnel Advisory'Board at a later date. Upon motion duly made and seconded, it was voted,to reappoint Mr. Enrico A. Mongiello'as Lexington's representative on the Board:of Directors of tfie Waltham Ancillary Manpower, Inc. Chairman Kenney informed the Board that he had arranged a meeting with the gasoline station owners on February 21 at 10:30 a.m. in the Selectmen's Meeting Room. Chairman Kenney read a letter of.complaint from Mr. Julian J. Bussgang, Signatron, Inc., regarding Boston Edison construction site on Hartwell Avenue, stating that this construction is an eyesore on an otherwise well-planned street with many attractive industrial plants developed in accordance with a strict zoning code. Many visi- tors to our plant have questioned me what is the monstrosity on. the site in question. I have inquired of the secretary of the Board of Appeals, the Planning Director, and the Building Inspector how it ever came to pass that Edison was allowed to build a fenced -in area with a multitude of poles in the middle of a street on which all service wires run underground and whether any conditions were imposed on the appearance of this development. A report from Mr. McSweeney was read stating that he had dis- cussed the matter with William Jones, District Manager of Boston Edison Company, and he suggested that he and the appropriate repro, sentative from Boston Edison Company, who is familiar with the project, meet with Mr. Bussgang and review the matter with him person- ally. He further assured me that Boston Edison has complied with all the necessary laws, acquired necessary permits, public hearings, etc. that are associated with this type of a project. 1 Selectmen's Meeting February 19, 1974 The Board agreed to inform Mr. Bussgang of the above information and tell him that a meeting will be arranged by Mr. McSweeney as soon as possible. Chairman Kenney read a request from the Director of Public Works/ Engineering for a vote of intent to take sewer easements between Blossom Street and,Lawn Avenue. Upon motion duly made and seconded, the Board voted an intent to take a 30 ft. permanent and two 10 ft. temporary easements. for the con- struction of the Blossom Street interceptor between Blossom Street and Lawn Avenue. Chairman Kenney informed the Board that a request has been re- ceived from the Sheraton -Lexington Motor Inn for dinner dancing in the dining room. They now have an entertainment license and this could be added to it. Naturally, Sundays would be excluded. The Board had no objection. Chairman Kenney reported on the meeting on February 13 with State DPW Commissioner Campbell. We discussed the Hartwell Avenue connector fringeparking lot, the traffic situation on Bedford Street, and a signal light at Bedford -Eldred Streets. Essentially, we were not enthu- siastic with the meeting but Mr. McSweeney said that because the State is doing additional planning with their consultants, some work is being done on the connector. In terms of timing, the Number 1 item with the State DPW is reconstruction of Bedford Street with six lanes, three in each direction. Preliminary traffic studies can be done in three to six months. They are talking about Bedford Street from Route 128 to the jughandle at Hartwell Avenue. It would not be a substitute for the Hartwell Avenue connector. H.W. Lochner has been contacted to study the Hartwell Avenue connector. If there is a requirement for more de- tailed environmental studies, we are set back perhaps as long as a decade. The only timetable we got was that Bedford Street could start within a year and a half. Mr. McSweeney: We have a copy of preliminary sketch plans. 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 the Appropriation Committee on budgets, 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: (-!.;'),,gf_a_..a_„ Clerk, Selectmen 447. Intent to take sewer easements Blossom St. a Lawn Ave. Sheraton Lexington Motor Inn Dinner Dancing Bedfetd . Etdred Streets Hartwell Avenue Connector executive Session 44S Vote to Lay out 1974 Streets Deleted Streets SELECTMEN'S MEETING SPECIAL MEETING February 21, 1974 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Thursday, February 21, 1974 at 10:30 a.m. Chairman Kenney, Messrs Bailey, Buse, Brown and Mrs. Rtffin; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works/Engi- neering, Mr. Emanuele Coscia, Mgr. Planning and Administration, Public Works Dept., Police Ghief James F. Corr, Police Captain James J. Lima, Jr., Representative Lincoln P. Cole, Jr., Miss Casey, Assist- ant Executive Clerk, were present. and The Board discussed the layout of streets. Upon motion duly made seconded, it was voted to lay out the following streets: Tewksbury Street Nickerson Road Carmel Circle - '305 feet, more or Tess, from Bedford Street Southwesterly to Roger Greeley Village. -,1633 feet, more or Tess, from Massachusetts Avenue to Massachusetts Avenue. 446 feet, more or' less, from Nickerson Road Southerly to end. Abandonment of Holland Street 95 feet from the accepted portion of Holland Street Northwesterly to end. Chairman Kenney: After our discussions with the residents of Wachusett Drive, Wachusett Circle and Prospect Hill Road, 1 feel it would be in the best interest of the Town not to lay out these streets. Upon motion duly made and seconded, it was voted not to lay out the following streets: Wachusett Drive Wachusett Circle Prospect Hill Road - 590 feet more or less from Prospect Hill' Road Easterly. • 230 feet more or Tess from Prospect•Hilt Road Northeasterly to Wachusett Drive. 380 feet more or less from the accepted por- tion of Prospect Hill Road Northwesterly to Outlook Drive. • • 1 1 449 Special Selectmen's Meeting February 21, 1974 Gasoline Station Operators met with the Board. Chairman Kenney: We have requested representatives or owners of the gasoline stations in Lexington to meet with the Board of Selectmen so Gasoline that you may inform us of your problems and probable solutions. We would Station like to know how many stations are open in the evenings. Operators After much discussion, the following points were brought out: Most operators were operating on the Sargent Plan of pumping gas to cars whose registration plate ended in anoddnumber on•the odd numbered days of the calendar and cars whose registration plate ended in an even number on the even numbered days of the calendar. Mr. Russell of Russell's Texaco at the Countryside said he had a card system and sold gas by appointment every half hour or so and, thereby, was able to give better service. All gas station operators voiced the opinion that they were afraid to stay open et night without police protection because of the violence at many of the stations. Most of them have received threats of one kind or another. These, for the most part, came after the "No•Gas" signs were posted. The operators stated that they have high school, boys working at night and they were hesitant to expose them to such danger. Selectman Bailey asked if this was the biggest problem and if the people, as a whole, cooperated. It was agreed that the public, as a whole, did cooperate with the operators and observed the "Odd and "Even" system. All operators who also do repair work said they were unable to do much repair work because of the long lines of cars waiting for gas. Revenue from repair work has fallen off considerably. As the operators are governed by State and Federal laws, they are not supposed to give preferred treatment to regular customers. Many felt that this was un- fair. It was brought out that most of the operators felt that the State and Federal Legislators didn't understand the problems of the station operators. All the station operators agreed that they just do not receive enough gas. They were only getting 85% of the 1972 allocation, which is just not enough. Most oPerators were charging a $3.00 minimum for small cars and a $5.00 minimum for Targe cars. Many were charging a flat $3.00 minimum and a $5.00 maximum, regardless of car size. One of the men present felt that if a minimum charge, regardless of the amount of gas obtained, could be enforced it would help eliminate the long gas lines as people were "topping off." 450 Special Selectmen's Meeting February 21, 1974 Mr. O'Connell,,Town Manager, pointed out that,.legally, this cannot be done. A minimum charge in a restaurant is different in that you have the option to obtain goods, i.e. food or drinks to make up the minimum charge. If a person's gas tank does not require enough gas to make the minimum charge, you cannot charge for it. There can be no tie-in of sales, either. Captain Lima of the Police Department pointed out that there are bad traffic jams between the hours of 7:00 a.m. and 9:00 a.m. and be- tween 4:30 p.m. and 6:00 p.m. He felt that the station attendants, have been channeling the traffic in the best possible way but felt some guide- lines should be set up. Representative Cole suggested that the dealers sit down with Captain Lima and decide what hours they will be open and stagger the system so that some stations would be open in the evening hours to accommodate the working people who get home late in the evening. This meeting would be followed up with a schedule published in the Lexington Minute -Man. It was agreed that this would be done, and Chair- man Kenney would again contact them after March 1st. Upon motion duly made and seconded, it was voted to adjourn at 11:55 a.m. A true record, Attest: Assistant Executive Clerk, Selectmen SELECTMEN'S MEETING February 25, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 25, 1974, at 7:30 p.m. Chairman Kenney, Mr. Brown, 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 the request of the Town Clerk, five jurors were drawn, as follows: John W. Broderick, Jr. June E. Corsetti Charlotte E. Kitchell Frank D. Ricci Charles H. Proctor 1 Barrymeade Drive 45 Greenwood Street 49 Parker Street 8 Fairland Street 12 Welch Road 451: Jurors Chairman Kenney opened a hearing on the application of Louis Cannizzo Gasoline for permission to install an approved 2,000 gallon underground.tank for Cannizzo the storage of gasoline on the premises at 331 Concord Avenue, Lexington. Notice of the hearing was advertised in the February 14, 1974 issue of the Lexington Minute -man, and all abutters were notified by certified mail by the applicant. A report was read from Fire Chief Spellman stating that he had in- spected the premises and approved the location of the tank. Mr. Louis Cannizzo was present and said that he uses a number of trucks, tractors, roto -tillers, etc. in the daily operation of his business as a landscape contractor and, therefore, it would be to his advantage to supply his own gasoline. Chairman Kenney: Is this in a commercial zone? Mr. Cannizzo: No, I bought it twelve years ago as a little farm. I am in the landscaping business and have trucks on the property. Chairman Kenney: In the past, we have recommended that 'the tank be encased in a plastic bag as an added protection. Mr. Cannizzo: It would be protecting our property, too. I would have it installed by a regular gasoline firm. Upon motion duly made and seconded, it was voted to sign the license for the installation of an approved 2,000 gallon underground tank for the storage of gasoline on the premises owned by Louis Cannizzo at 331 Concord Avenue, Lexington. Mr. O'Connell recommended approval or requests to the Appropriation Transfer Committee for transfers from the Reserve Fund to Account 1900 -Elections, Requests Town Clerk in the amount of $2,400 to replace funds used for the Decem- ber 3 special election; also, to Account 5550 -Traffic Regulations in the amount of $5,000 to cover additional Edison costs of $3,000,addi- tional signs and materials over and above those planned in the budget. 452 Marine Corps Sign Minute Man National Park Traffic Signal Minute Man School Buckman Tay. Measachu- setts Historical Commission Selectmen's Meeting February 25, 1974 The third request is for a transfer of $16,000 to Account 5450-03; this is entirely due to the increased cost of gasoline and oil. A year ago, we were paying 22 or 230 vs. 430 a gallon under contract; diesel was in the low teens and we are now paying 350 a gallon. Upon motion duly made and seconded, it was voted to approve the` request to the'Appropriation Committee for transfers from the Reserve Fund to•the following accounts; Account 1900-$2,400; Account 5550- $5,000; Account 5450-$16,000. Mr. O'Connell informed the Board that he had received a request from the Marine Corps for permission to move the recruiting sign from in front of the Post Office to the middle of the island at Waltham Street and Worthen Road. - The Board agreed that Mr. O'Connell is to inform the Marine Corps that the location of a recruiting sign at Waltham Street and Worthen Road would affect the visibility and would not be appropriate in a residential area. Mr. O'Connell: A request has been received from the Superinten- dent of the Minute Man National Park Service to hold a public meeting on March 13 or 14 to discuss an environmental assessment of the plans for North Bridge and a portion of Fiske Hill. The Board agreed that Mr. O'Connell is to suggest the auditorium of the Clarke Junior High or the Science Lecture Hall. Chairman Kenney read a recommendation from the Director of Public Works/Engineering to sign the letter of application to the State DPW for a traffic signal permit at Massachusetts Avenue and Marrett Road at the Minuteman Regional Vocational School. If approved by the State, these signals will be paid for and'installed by the School. Mr. Brown: If they turned down the Eldred Street request•for a signal, they will turn this down because everyone will be going to the Minute Man National Park during the Bicentennial and traffic will back up. It seems to me we ought to point this out to the State. Chairman Kenney: No. We feel if it meets with their approval, then we will tell them about Eldred Street. Upon motion duly made and seconded, it was voted to sign the letter of application to the State Department of Public Works for a traffic signal permit at Massachusetts Avenue and Marrett Road, Chairman Kenney read a notice from Secretary Davoren that the Mass. Historical Commission has allocated $6,600 for the Buckman Tavern Development Project. Chairman Kenney: We should ask the Comptroller to follow up and make sure that we get the check. The Board agreed. 45` P Selectmen's Meeting February 25, 1974 Chairman Kenney read a letter of recommendation from the Town Meeting Members Executive Committee regarding the scheduling of Town Meetings. TMMA - After discussion, the Board agreed to recommend to Town Meeting that Town adjourned sessions be convened at 7:45 p.m. on Monday, Wednesday and Meetings Thursday, with the proviso that no new Article be submitted,after 10:30 p.m. Three meetings would be held for the first two weeks,'after the opening of Town Meeting on April 1, to recess for the April school vaca- tion week and re -convene on Monday, April 22, 1974. The opening of Town Meeting will be at 8:00 p.m. Mrs. Joyce Hais, Chairman of the Environment Quality Workshop of Recycling the League of Women Voters, Mr. Zabin and Mr. Marshall met with the Trash Board. Pickup Mrs. Hals: We have a proposal on recycling that we hope will meet the recycling needs of the Town. We would like to discuss how Lexington is getting trash to the landfill and the cost, According to DPW, the cost was $110,000. Of 9,000 families, 3,000 have the trash taken by collectors at $48 per family; 6,000 take it to,the dump themselves and, according to ALA, the cost of oil and gas for 5,4 miles for the average car multiplied by 6,000 families going to the dump once a week, this comes to about $78,000. The schools also have a private contractor daily and we have included that in the cost of town -wide collection. 1t cost residents $346,000 for solid waste, and we recycled 9% of 640 tons last year; approximately 16,000 tons are dumped at the landfill. Those items not being put in the dump were estimated at $6.00 per ton and sales of these recyclables were worth $9,000 in 1973. Of the 16,000 tons•a year, we estimate that 7,000 could be recycled. This system is going to ask for twice a month trash pickup, and we believe it can all be put into the same barrel. Once a month, we would like a truck to go around and pick up glass and cans on the same day. This is possible for a compartmentalized truck. This whole pack- age would includsgoing to schools and, also, to ask businesses to leave corrugated paper out. This would also include leaf pickup and we could send the trucks around on separate days. We estimate the -:whole package at $250,000 -in 1974 vs. $380,000 we are now paying. By having curb pickup, we felt it would average about $25.00 on the tax rate, and another $5.00 per family if it is not curbside. Mr. Brown: I have a question about going to the dump every week. If you go every two weeks, you would divide the $91,000 in half? Mrs. Hals: The average family goes every week. The answer is yes. Mr. Brown: If you go to the dump and get composted leaves, that would be a plus to the Town, and it might average out the cost.to go to the dump. Mrs. Hals: I don't know if the Town would give compost free. Chairman Kenney: First, you are taking away the private individual's right if he wants to go to the dump. If this is put on the tax rate, 454 Vacancies on School Committee & Board of Selectmen Selectmen's Meeting February 25, 1974 people won't like it. It is unsightly to have barrels on the street. Is there a market for 7,000 tons ar`•year for recyclables? 1 thought we were having trouble to get a fellow to take it away. Mr. McSweeney: Our experience in the last 6 months has been ex- cellent. I think I should point out that EPA figures of last year were $3.28 per ton for 80 tons. Mr. O'Connell: I have heard this matter debated for years and I think the matter hinges on people. We have complaints now of people putting garbage in with trash. I can't see the average citizen separat- ing it, and the Town will end up with the mess. Persons won't conform with the sanitary landfill regulations now. It might end up on the street and would also be an expense to have to monitor it. - Mrs. Hals: We would like to have the Selectmen endorse a question- naire to be taken to 200 households by interviewers. This would deter- mine whether or not there is support for curbside collection of rubbish and recyclable materials. Mr. Brown: I think it is a good idea. Chairman Kenney: I concur with Mr. Brown The Board agreed to take the matter under advisement. Mr. Frank Michelman met with the Board and he and Mrs. Riffin sub- mitted a report on methods of filling a vacancy or vacancies on the School Committee and the Board of Selectmen. Mrs. Riffin: Only 15 percent of the people turned out for the special election of a School Committeeman in December, at a cost of $5,000. We had two meetings and explored several schemes that were suggested -by various people. There are two possible solutions: election by Town Meeting until the next annual election, or the restricted method of appointment by a majority of the members of the Board of Selectmen and School Committee and the Moderator. This is the most economical method, but not as democratic. The first method, the most democratic, would require up to four weeks for preparation of having a one -article warrant for the special Town Meeting, printing and mailing would cost $1,000. Chairman Kenney: Do you feel that the Selectmen -Town Manager Act could be amended? Mr. Michelman: You would have to go back to the Legislature for a Special Act. We felt that to do this by Town Meeting route would be more democratic. Mr. Cohen: Would it be done by secret ballet? Mr. Michelman: Probably by roll call. Mr. Cohen: If you limit it to "until the next annual election".. Mr. Michelman: We had that in mind. He would then have to run in the next annual election. Chairman Kenney: The second one is restricted. You could end up with a "caretaker." 455 Selectmen's Meeting February 25, 1974 Mr. Michelman: I think the appointment method is the acceptable one. Mr. Brown: I agree, if one is appointed with new, fresh views, but don't like pulling out old Selectmen and School Committeemen. The Board agreed to take the matter under advisement for a week. Chairman Kenney read a letter from Mrs. Anita Bonasera of Precinct 1 requesting a "Welcome to Lexington" sign at the Arlington -Lexington line. Sign Upon motion duly made and seconded, it was voted to refer the request to the Director of Public Works for his recommendation. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for a Certificate of Incor- poration: Nancy Greenleaf 49 Colony Road "Alternate Home, Inc." Joan Everett 182 Follen Road Marjorie Phillips Trotting Horse Lane "Friends of Young Artists, Inc." Ruth Wheeler 31 Moon Hill Road "Dance Collective/Mass, Movement, Inc." Upon motion duly made of the Selectmen's meeting Upon motion duly made ing Auctioneer's licenses: and seconded, it was voted to approve the minutes of October 9, 1973. and seconded, it was voted to sign the follow - William S. Sennot Joseph C. Tropeano Lawrence W. Graham, Jr. 10 Douglas Road (Renewal) 12 Revere Street 23 Baker Avenue Chairman Kenney read a letter of resignation from Roland B. Greeley as a member of the Street and Sidewalk Advisory Committee. Upon motion duly made and seconded, it was voted to accept With regret, the resignation of Roland B. Greeley as a member of the Street and Sidewalk Advisory Committee, effective upon adjournment of the 1974 Annual Town Meeting. The Board agreed to discuss at a later meeting the letter from Nason.Whitney, 21 Woodland Road, regarding a mural hung in the Bicen- tennial Center for the District of Columbia. Upon motion duly made and seconded, it was voted to table the re- port of the Design Advisory Committee regarding the Burlington Arcade encroachment. Cert. of Incorp. Minutes Auction- eer's Licenses Resigna- tion Burling- ton Arcade 456 Traffic Raymond St. Parking Subdivision Reimburse- ment Emerson Gardens Selectmen's Meeting February 25, 1974 Chairman Kenneyyread a report from the Chairman of the Traffic Safety Committee on parking on Raymond Street. Uponlinvestigation, it was found that the Southwesterly side of Raymond Street from Clarke Street to Muzzey Street is currently signed as a No Parking Zone. However, this signing is illegal as no regulation has ever been adopted. The Committee voted to request the Board to adopt an amendment to the Traffic Rules and Orders. Also, after observing the area, the Committee voted to recommend that a "DO NOT BLOCK DRIVE- WAY" sign be erected adjacent to the driveway at #7 Raymond Street, to facilitate the inhabitants' entering and exiting. Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of Lexington, adopted by the Board of Selectmen on November 13, 1967, are hereby amended as follows: By adding to Article V, Section 2, Schedule #1, the following: Location Side From To Type Parking Raymond.Stc Southwest Clarke St. Muzzey St. No Parking A letter is to be written to the State Department of Public Works for approval of this amendment. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works/Engineering to make arrangements for the in- stallation of a "DO NOT BLOCK DRIVEWAY" sign adjacent to the driveway at #7 Raymond Street. Chairman Kenney read a recommendatmon from the Planning Board that Emerson Gardens Realty Corp. be reimbursed in the amount of $7,498.70. Upon motion duly made and seconded, it was voted to approve the recommendation of the Planning Board that, in accordance with G.L.C. 570, Acts of 1962, and Section 7.1.2 of the Rules and Regulations Governing the Subdivision of Land in the Town of Lexington, Mass., Emerson Gardens Realty Corp., developer of Emerson Gardens, be reim- bursed by the Town of Lexington the amount of $7,498.70, this being the unpaid remainder of the total amount originally recommended by the Planning Board as reimbursement for the installation of municipal services in and the construction of Emerson Road from Stations 10+64 to 15+96, a distance of approximately 532 feet, at a width greater than necessary for the subdivision alone, as required by the Planning Board when the definitive plan for this subdivision was approved. $5,515.91 $1,982.79 $7,498.70 to be paid under 1969 Annual Town to be paid under 1970 Annual Town Total the appropriation for Article #34 of the Meeting the appropriation for Article#30 of the Meeting. 1 1 1 Selectmen's Meeting February 25, 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 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 11:05 p.m. A true record, Attest: Executive Session &e,fe„„„ )2'7. ;),A--e4c,L4i;k, ecutive Clerk, Selectmen 458 SELECTMEN'S MEETING March 4, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 4, 1974, at 7:30 p.m. Chairman Kenney, Mr. Brown, Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. On behalf of the Board Members, Mr. Brown presented Mrs. Riffin with a corsage, and Chairman Kenney presented a bouquet of flowers as Mrs. Riffin a tribute to her at her last meeting with the Selectmen. Mr. Brown expressed the thanks and appreciation of Board members and her many friends present at the meeting this evening. Chairman Kenney: The members of the Board of Selectmen commend Mrs. Natalie Riffin for her fine service as a Selectwoman. She has always been hard working, dedicated, talented, and devoted to the best interests of the Town. In exercising these attributes, she has always done it in a fair and even -minded way. She was a good member of the Board of Selectmen and she will always be a lady. Mrs. Riffin: I have enjoyed my term of office and shall miss the activities involved. It was an invaluable experience and I'll always remember the people 1 knew and those I have met while serving on the Board of Selectmen. Chairman Kenney announced the names of recipients of Driver Safety Awards as employees of the Town of Lexington: Waiter Cunha -Fire De - Driver partment; Robert Hickey -Police Department; Thomas Sullivan -Department Safety of Public Works; Michael Leone -School Department. Mr. O'Connell: These men are present tonight and we recognize the excellent job done by Town employees who drive vehicles. Only three years ago, we were paying a high surcharge. The 1973 record was out- standing and there were no accidents with injuries. The four recipients were congratulated by Board members and Mr. O'Connell and awards will be forthcoming to each. Delinquent Tax Payers Mr. O'Connell discussed delinquent tax payers. Following a dis- cussion with the Board of Assessors, a situation exists whereby approx- imately 200 names, representing about $6,000 appear on the records. We have sent out notices but people have ignored them, or they are , returned unclaimed, from the Post Office. We hope that if a copy of the list is published in the Lexington Minute -man, we can make people aware of this and to either pay or go to theTTax Collector and straighten out the bill. $6.000 is too much to overlook. After discussion, the Board agreed that one more notice would be sent before the list is publicly released. Selectmen's Meeting March 4, 1974 Mr. O'Connell informed the Board that a request has been received from the Pilgrim Congregational Church to conduct a Flea Market on Saturday, May 18, and to have one side of Coolidge Avenue posted as No Parking This Side. They would like to borrow snow fencing which could be put up and taken down (by them) after the event. This re- quest falls under the regulations of garage sales and doesn't.need a permit. The Board.had no objection to the Flea Market being conducted. One day "No,Parking on one side of Coolidge Avenue" was granted, subject to restrictions of the Police Department. The Department of Public Works is to supply the snow fence. 5 , Pi (gram Church Flea Market Mr. O'Connell informed the Board that, about a year ago, the Board voted to transfer our retired teachers to the State Retired Municipal Retired Teachers Program. Based on our experience, we are paying a substan- Teachers tially higher cost, which is being billed back to the Town by the State. The Comptroller recommended, and 1 concur, to take action toreverse this; the Town of Tewksbury has done so by having its Representative file a bill. We could ask Representative Cole to take the proper action. Upon motion duly made and seconded, it was voted to request Repre- sentative Cole to file a bill to rescind the acceptance by the Town of Lexington of Section IIE of Chapter 32B of the General Laws. Chairman Kenney read a request from the Painters Guild of the Lexington Arts and Crafts Society for the use of Buckman Tavern grounds. Upon motion duly made and seconded, it was voted to grant permis- sion t� the Painters Guild for a Spring Exhibit on Sunday, May 19, 1974 from 10:00 a.m. to 6:00 p.m., subject to conditions of the Public Works Department. Chairman Kenney read a request from the Bicentennial Corporation to conduct an auction of Bicentennial coins. Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Bicentennial Corporation to conduct a 1 -day auction of Bicentennial coins on April 15, 1974 in front of the Visi- tors' Center, subject.to the condition that it be conducted by a licensed Lexington Auctioneer. Permit Auction Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting held on October 15, 1974. Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on: Lincoln Street from Barrymeade Drive a distance of 1400 - feet, Westerly Wyman Road from Williams Road a distance of 1500- feet to Williams Road Sewer Construction Orders 460 Bus Stop Change Colonial Garage Sei.ectmen's Meeting . March 4, 1974 The Board discussed a recommendation from the Traffic Safety Com- mittee to move the bus stop to a new location in front of the Colonial Garage. Upon motion duly made and seconded, it was voted to.table the re- quest pending further information from Mr. McSweeney. Chairman Kenney informed the Board that Town Counsel requests Ralph that the Board sign the Right -of -Way for Ralph D. Cataldo, 57'Bow Street. Cataldo Mr. Brown: Wasn't there a conservation easement tied in with this? Bow St. Mr. Cohen: Yes, you signed it about a month ago. and 1 sent it to Right -of- the State. Way Mr. Brown: If it is contingent on getting approval of the State, then I will vote for it. Upon motion duly made and seconded, it was voted to sign the Right - of Way to Rajph, as follows: The Town of Lexington, a municipal corporation duly organized and situated in Middlesex County, Massachusetts, acting by its Board of Selectmen, under authority conferred upon it by a vote of the Town Meeting duly called, warned and held on March 5, 1973, namely at an adjourned session thereof held on April 4, 1973, for consideration..paid grants to Ralph D. Cataldo, of 57 Bow Street, Lexington, Massachusetts, and to his heirs and assigns a perpetual right of way and easement over a strip of land twenty feet wide along the southerly boundary of a lot of land on Bow Street in said Lexington being marked ¶Town of Lexing- ton, 14,539 sq. ft." on a plan to be recorded herewith entitled "Plan of Land in Lexington, Mass." by Barnes Engineering Company, Inc., of.' Auburndale, Mass., dated December 27, 1973, said boundary being shown on said plan as being along land now er formerly of B. & M. Railroad Co. Said right of way shall be for the purpose of passing and repass- ing, by foot or by motor vehicle, between Bow Street and the lot of land being shown on the said plan as Parcel X. The.grantor shall have no obligation to repair or otherwise maintain the right of way herein granted, and the grantee hereby agrees on behalf of himself and his heirs and assigns to maintain said way at all timesitn a condition that is reasonably safe for passage by foot or by motor vehicle and to indemnify the grantor and save it harmless from any liability or other expense. arising out of or in conjunction with use by the grantee or his heirs and assigns of the aforesaid right of way and easement. This conveyance is made subject to easements and restrictions of record, if any, so far as are now in force and applicable to said land. In Witness Whereof, this instrument has been executed in the name of and on behalf of the Town of Lexington by its Board of Selectmen and . sealed this fourth day of March, 1974. Town of Lexington By Allan F. Kenney Natalie.H. Riffin Sanborn C. Brown Selectmen's Meeting March 4, 1974 Chairman Kenney read a request frau the Director of Public Works/ Engineering to vote to take a 30 ft. permanent and two l0 -ft. temporary easements for the construction of the Blossom Street Interceptor be- tween Blossom Street and Lawn Avenue. Upon motion duly made and seconded, it was voted to take a 30 ft. permanent easement and two 10 ft. temporary easements, with an award of no damages, for the construction of the Blossom Street Interceptor between Blossom Street and Lawn Avenue. Upon motion duly made and seconded, it was voted to sign the taking of sewer easement in land located between Blossom Street and Lawn Avenue; two temporary sewer construction easements in land located off Constitution Road, and land located off Summer Street. Upon motion duly made and seconded, it was voted to sign Auction- eers' licenses for the following: Harry J. Myers, Jr. 27 Outlook Drive (renewal) Joseph T. Tropeano 12 Revere Street The Board agreed to invite the Planning Board to the next meeting to discuss the encroachment of the Burlington Arcade. At that time, a joint position will be taken to be sent to the Board of Appeals. Mr. O'Connell informed the Board that, based on last Saturday's decisions at the meeting with the Appropriation Committee, the Capital budget is $1,305,300. The only areas where the Appropriation Commit- tee has not finalized or expresses itself are the parking lot, traffic signal improvement, and DPW road machinery. The land difference be- tween the Board's Capital budget and the sum total of Warrant items is $140,500, represented by $114,000 between land and conservation, and $26,500 represented by the Housing Authority, which wasn't in the budget, and several small items. Chairman Kenney to Mr. O'Connell: Give the Capital Expenditures Committee the proper budget figures; also tell them that the Housing Authority wants $21,000 for seed money. Mr. O'Connell agreed. Mr. Daniel Buse and Mr. Charles Gallagher of the Recreation Com-, mittee met with the Board to discuss Recreation Articles. Chairman Kenney: Article 40 is your request for putting in a drinking fountain in the Lincoln Street recreation area for $6,500. After much reflection, we are going to request that you postpone it as I understand that the Appropriation Committee won't support it. Some people think $6,000 is our expense and $500 is yours, Mr. Daniel Buse: All the Articles we have presented for the warp rant, we have to go for them. You are saying there will be no real funding for Article 40? Chairman Kenney: Yes, but you and your committee talk about it. 461 Sewer Eas ments Blossom Lawn Con- stitution & Summer Streets Auction- eers Burlington Arcade Capital Budget Recreation Warrant Articles Lincoln St. Water Fountain 462 Center Pool Renovation Executive Session Selectmen's Meeting March 4, 1974 Chairman Kenney: Article 41-$20,000 appropriation for feasibility study and preliminary design of Center Pool renovation. We discussed this at greath length with the Appropriation Committee and they felt if we Looked at the recreation in the Town and if we were going to build a new pool, a track, etc., that is the location to have it. Mr. Gallagher: We realize that the pool is not up to State regula- tions and we feel there is a possibility of getting State reimbursement, and that is something we should investigate as far as the overall planning. Chairman Kenney: We think that is the same end result. We will in- sert $12,000 on a "get by" basis of three years for the pool ($10,000 for a new filter). Then, in cooperation with the Planning Board on Articie787, that the figure be raised, in the range of an additional $4,000-$5,000, to enlarge their study to include "recreation" in the wording. Mr. O'Connell: 1 advised the Board that it was in the range of $15,000, and they (Planning Board) will come back with $20,000 for the whole package. Mr. Gallagher: We will come back to you. Mr. O'Connell: We told the Appropriation Committee that everything at the pool would stand up if nothing happened. We will have to go for a transfer in an emergency. Mr. Gallagher: It appears that the pool is in much better shape structurally and if we do change the filter that should do it. Chairman Kenney: We toured it in December and unanimously agreed to get the new filter. Mr. Gallagher: We recommend that we get a filter Targe enough to take care of aIarger pool. Chairman Kenney: I don't think we are buying a filter for a recon- structed new pool. Mr. McSweeney agreed to check into the size of a filter. Mr. Busa and Mr. Gallagher retired from the meeting with the under- standing that they would discuss the items with the Recreation Committee and come back to the Board. 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 9:27 p.m. A true record, Attest: Executive Clerk, Selectmen 463 SELECTMEN'S MEETING March 11, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday, March II, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. The meeting was called to order by the Clerk, who declared that nomina- tions were tp,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. Organize - Upon motion duly made and seconded, nominations were closed. tion of Upon motion duly made and seconded, Mr. Allan F. Kenney was unani- the Board mousty elected Chairman of the Board of Selectmen for the ensuing year. Chairman Kenney expressed his appreciation forthe,vote of confi- dence and said that 1974-1975 will be an exciting and eventful year. Mrs. Margery M. Battin was congratulated upon her election and wel- comed to her first meeting as a member of the Board of Selectmen. Mrs. Battin Mr. O'Connell informed the Board that a letter has been received by the Chamber of Commerce from a Mr. C.Y. Thomas concerning duplication of the Minute Man statue in bronze. There doesn't seem to be anyone who really knows what the situation is regarding that statue. We talked to Mr.:Worthen (Historian) and we believe the statue, and all the property Minute rights that go with it, were included in the Hayes family. So, we feel Man the Town dhouid claim all property rights on behalf of the citizens of Statue Lexington. t talked to Town Counsel and suggest that the Board not ap- prove the duplication of the statue in its size as it is unique to Lexington and the Battle Green. I can't see a physical duplication sit- ting in Shawnee, Kansas. 1 am concerned.about the problems that would arise if the Town would allow it, and allowed impressions to be taken. How doss the Board feel? Mr. Brown: Do we know whether the molds are extinct? If we want to control it, we should know whether the molds are around. Mr. O'Connell: If the molds were around, we haven't been able to find out. Chairman Kenney: In the past, there have been duplications in a reduced size. I would think the Town would think of it as Lexington's, and the only•place for it would be on the Green. I would concur with the Manager's suggestion. Mr. Cohen: Maybe we should decide to register the statue on Wash- ington. I will give you a memo in a few days. Mr, O'Connell: There is merit in that. If registered, you might ,want.to have the right to decline to give approval if someone wanted to use it in poor taste. 4t6 4. Selectmen's Meeting March 11, 1974 Mr. McSweeney: I know the mold is gone. The Board agreed to take the matter under advisement. Mr. O'Connell informed the Board that the Public Works Department Tree has plans to burn a quantity of deseased Dutch -Elm trees at the sant- Burning tary landfill. There is a new law, passed in 1973, with provisions for burning from March 15 to April 15 during this year and next year. Up to date, we have been burying them. We will probably receive re- quests for permits from citizens to burn but you cannot burn leaves. Chairman Kenney: How would it be handled? Mr. O'Connell: With the approval of the Fire Chief, and it can be done between 10:00 a.m. and 4:00 p.m., subject to conditions put on the permit. Mr. McSweeney: We have 45 of our own trees but have no idea of what private contractors will bring in. Mr. O'Connell advised the Board that there were unused, available funds in the D.P.W. equipment account'and bids had been received on the DPW purchase of two 3/4 ton 4 -wheel drive trucks, available with plows. Trucks He recommended that the bid be awarded to Taylor and Lord of Bedford in the amount of $11,592, including the plows. The other bids were $10,092 to $11,094'but no one can promise immediate delivery. The Board agreed that the contract be awarded to Taylor and Lord in the amount of $11,592 for two 3/4 ton 4Nwheel drive trucks with plows. Mr. O'Connell called the Board's attention to calls and letters on Article 108 -.."that the presence of Richard M. Nixon would dimin- Article 108 ish the historic value and demean the high ideals of said celebration." President it has been widely misinterpreted that Lexington has taken an official Nixon position on this matter, and it has been picked up by national publi:ca- tions. It might be helpful if it were to be issued as a public state- ment that it is a citizens' petition and has no significance as to the official position of the Town. Mr. Bailey: The less said, the better. Chairman Kenney: We have attempted to answer numerous calls and indicated that it is a citizens' Article, sponsored by 14 or 15 people. We explained what it is and that the Selectmen have an obligation to put it in the Town Warrant. April 19 Hawkers & li Peddlers Mr. O'Connell discussed April 19 and the Town's vending policy on that day. Currently, we operate under the regulation issued by the Board governing hawkers and peddlers, and there is a section that specifically prohibits peddling within 200 yards of Massachusetts Ave- nue. We now have a new parade route and we have the problem of public vs. private property, and whether the Town can regulate the sale by vendors if it is private property. We have non-profit civic organiza- tions of Lexington vs. private person who seeks to do it for provit vs. 1 Selectmen's Meeting March 11, 1974 commercial hawkers and peddlers. So far, we have tried to confine the permits to civic organizations. Other problems are (1) the number of youth organizations that have been given a permit to sell balloons by moving around the streets. We found that, last year, they attempted to sell to automobiles and they got into the traffic. Should this be allowed only on the sidewalk? And to see that some adult supervises the children. The question is, does the Board agree that we should draw.up a separate regulation for April 19? (2) What is the Board's feeling concerning the matter of restriction, or lack of restriction, to those that are permitted to sell? The Board ggreed that Mr. O'Connell is to discuss the matter with Town Counsel and Chief Corr and come back with recommendations, particu- larly on bicycles. The Planning Board met with the Selectmen to discuss the excava- tion of land and the removal of soil from the Lexington to the Burlington portion of land owned by the Burlington Arcade Associates. Chairman Kenney: We asked the Planning Board for,recommendations and you have submitted a report from the Design Advisory Committee. Dr. Clarke: We discussed the D.A.C. report and generally agree with it. Fundamentally, D.A.C. suggested filling in the sharper cor- ners and create a strip of boulders and not necessarily filling in all of the earth that was removed. Mrs. Brown: The D.A.C. report has resulted in questions from the Board of Appeals and I feel they should be directed that it is our posi- tion, not theirs. Chairman Kenney: We shall write to the Board of Appeals and say that the recommendations are from the Board of Selectmen andJthe Plan- ning Board. Also, if there are any questions, they should be filtered through the Selectmen. Mr. Cohen: The Board of Appeals is anxious to get something in writing. 1 would suggest that Mr. McSweeney give me what he wants to be given to the developer and I will work through his lawyer. Mr. O'Connell: On behalf of the Building inspector, he asks that the Burlington -Lexington line be permanently established across that property so that he can enforce; it could be a fence or a line of trees. It was agreed that -the following letter be written to the Board of Appeals: "The Board of Selectmen and the Planning Board have adopted the following recommendations as being the position of the Town inn order to rectify the situation caused by the excavation done by the Burlington Arcade. The following requirements should be made of the developer in order to preserve what is left of the site and make the area as presentable as possible: Burlington Arcade Encroach- ment 4{ j Selectmen's Meeting March 11, 1974 1. The cut slope should be covered with new fill taking care not to disturb the existing trees at the overhanging crest. The new slope should be no greater in slope than one foot vertical to 3 feet hori- zontal. The developer should be required to.submit a regarding plan to the Planning Board for approval. 2. A barrier should be made along the town line so that it will"be clearly defined. This barrier could be built of the boulders and stones existing on the site and backfilled, or could be an attractive split rail fence, not chain link. 3. Planting should be restored on the new slope. The entire disturbed area should be covered with 6 inches of topsoil and seeded to control erosion. Evergreen trees (white pine) should be planted densely near the top of the new slope to help reduce the detrimental impact of the shopping center on the Lowell St. residential area. Other trees shou4d range in size from 5' to 15' in height when planted so that the average size is 7 feet. At least 150 pines should be required. Deciduous trees shodld range from 2 inches to 4 inches in caliper and at least 100 should be required. All trees should be planted according to good hor- ticultural practice and guaranteed for at.least two years. The devel- oper should be required to submit a landscape plan for approval by the Planning Board." • The Selectmen and the Planning Board discussed the proposed State Department of Public Works' plans for the widening of.Bedford Street. Bedford Mr. McSweeney showed preliminary plans and said that he had met Street with TAMMS and representatives of District #4 of the State D.P.W. As you know, this is a follow-up of the TOPICS program and they want both Boards to look at the plans and they would be happy to come out and discuss them. • Chairman Kenney: We will let them know we have seen the plans and have taken the matter under advisement. We will ask for recom- mendations from the Planning Board and the En§sneering Department, and inform the townspeople that the plans are available. The Planning Board agreed to return in two weeks for further discussbon and retired from the meeting. Meriam St. Parking Lot The Board discussed the Meriam Street parking lot with residents of the area. Chairman Kenney: This is not a hearing and we will discuss it and allow statements from those of you who are interested. Last year, the Selectmen proposed, under Article 39, that Town Meeting appro- priate the sum of $35,000 for construction and the extension of•the Meriam Street parking lot. Additionally, we had another motion that $35,000 be appropriated for the construction and $3,000 for the instal- lation of parking meters. On March 28, the Chairman of the Appropriation 1 1 Selectmen's Meeting March 11, 1974 Committee moved that it be recommitted to the Selectmen, and we had a meeting with the Appropriation Committee. At that time, we decided to refine it and, on April 9, Town Meeting approved this motion: That the sum of'$3,000•be appropriated for materials and grading in order to extend the Meriam Street off-street parking area, and that such amount be raised in the current tax levy. The project went from $34,000 down to $3,000 and we talked about what we could do for $3,000 for grading, gravel, and a buffer strip between the area and abutters. We met with Mr. McSweeney and generally laid out what could be done_ without basically changing the character of the area. Essentially, that is what he did. The second stage would involve nine more spaces. Mr. McSweeney showed the plan of the area. Mr. Brown: How far from property lines is the closest you get? Mr. McSweeney: About 26 feet to 52 feet. Chairman Kenney: On the work you did, I understand that you°cut down two dead trees and one live tree? Mr; McSweeney: An 8" tree should go in order to get 40' at one point. Chairman Kenney: As I understand it, you would use some of the appropriation to put in Scotch pines? Mr. McSweeney: There will be about 8 in all. Mr. Bailey: Is it comp&etely consistent with the way it was laid out a year ago? Has there been any departure from the understanding we had that was voted by Town Meeting? Mr. McSweeney: It is the same; we haven't changed anything. Mr. Brown: What is the minimum distance from the construction to the neighbors?, 'Mr. McSweeney: To their property line, we are talking approximately 35 feet. Mr. Brown: Then the minimum distance is 35 feet, and most of it goes to 58 feet away from private property. Chairman Kenney:. Which is obviously consistent with what we said to maintain a buffer zone from private property, and Mr. McSweeney in- tends to put in 6 or 8 Scotch -pines. Mr. McSweeney: Yes, we were also talking about putting some in the hallow. Mrs. Battin: Did Town Meeting know exactly of the terms of the extension, and not specifically as to any trees? • Chairman Kenney: We expressed to Town Meeting that we were going to stay away from trees; it is all low land. Mr. Robert Guest, 18 Grant Place: I have lived here for four years and every Spring we live through What is going to be done with the Meriam Street parking lot. We got together and registered our strong protest, in keeping with the Town's tradition. To have bulldozers there - why can't someone tell us what is going on? There appears to be no end to it. 467 468 Selectmen's Meeting March 11, 1974 Chairman Kenney: The end is what we proposed to Town Meeting, and that is what was voted. Were you present when the Article was passed? Mr. Guest: Yes. 1 was present when the gravel extension work was done. Mr. Kenney: He did it in two phases. Mrs. Guest: We know that now. Mr. Charles Withrow, 10 Grant Place: My comments are the same es Mr. Guest's. We thought the work done last summer was all of it, and they cut trees and opened it up, and we thought that was it. Two weeks ago, the saws started again. • Chairman Kenney: Did you inquire whether it was finished? Mr. Withrow: No, and they came back again. 1 understand now that you can go as far as $3,000 would take you. Mrs. Battin: 1 feel that once Town Meeting votes something and determines what the extent is going to be, that we notify the abutters a week before we go out. That we do this right after Town Meeting. Mr. O'Connell: Comment - prior to Town Meeting, we have informa- tion meetings. I don't know how we can physically keep citizens aware on 50 or 60 Articles. Mrs. Battin: Notify them - it wouldn't be terribly hard on 50 or 60 Articles. Mr. O'Connell: How would you do it? Mrs. Battin: I appreciate their concern and we should somehow let them know. Mr. O'Connell: Physically, how would we do it? Chairman Kenney: I hear your suggestion. Ms. Susan Beck: 1 have a public comment of my own. The rest of us are concerned with the fact that Town Meeting didn't see the pic- ture last year of what $3,000 could do, and the picture didn't•come until people were upset - and that is what Mrs. Battin is concerned about. As a member of Town•Meeting, it was my understanding that the appropriation was to grade land that was now open and no removal of vegetation of any sort. Obviously, legally you are on firm ground but I am concerned about some of the ways this controversy got started and, obviously, there is a great deal of room for disagreement as $3,000 can go in a lot of directions. 1 thought it was simply for•grading and not cutting down things. We certainly feel we have learned a lot from the plans we have seen and if an attempt is made to put in a screen, this is important to the abutters, who would not be faced with paving in the back yard - and tt would be a pleasant view for passers- by. Chairman Kenney: If there was a misunderstanding on the part of people at Town Meeting, we thought we would clear it. For $3,000, we thought the abutters' objections were eliminated and we would stay away from the abutters. The Director will make sure the seasoning is installed and the Board would give Mr. McSweeney direction not to go any closer to abutters than a 35 ft. line. In addition to what has been done now, there is only one more tree to go. 1 469 Selectmen's Meeting March II, 1974 Mr. McSweeney: Two trees, 7" and a 5" tree; we have to have the 40 feet, and we have to remove some vegetation. Mrs. Miller, 17 Oakland Street: I am concerned about timing. With requests for additional parking space coming up on the Town Warrant and additional spaces here, we really shouldn't be putting parking spaces in as we are not sure where they are needed. We really haven't coordinated our plans. Mr. McSweeney: Mrs. Miller is referring to the League of Women Voters' assistance to the'Planning Board, and they have done a good job; but we are well aware of 250 to 300 spaces short, both in long term and short term parking. Mrs. Battin: When will we have the results of the survey? Mr. McSweeney: Mr. Briggs said it would be in the spring —for Town Meeting. Chairman Kenney to Mr. McSweeney: You have heard the feeling of the Board for finishing the project within the terms laid down. Mr. McSweeney: Yes. The residents retired from the meeting. The Board discussed a recommendation from Mr. O'Connell of the creation of an Advisory Council to deal with broad policy matters involv- ing multi -agency interest and long range objectives and plans. Its 1 functien function would be to review Town -wide problems assigned, and Town recommend policy, objectives, plans or suitable courses of action to be Advisory taken by the most appropriate Town Agency or department. Its make-up Council would be: A member of the Board of Selectmen; Chairman of the Planning Board or a member designated; Chairman of the Conservation -Committee or a member designated; Chairman of the Recreation Committee or a member designated; Chairman of theSchool Committee or a member designated; Chairmen of the Appropriation Committee or a member designated; the Town Manager or his designee; the Planning Director. Mrs. Battin: I commend the Town Manager on his plan; it is a good move and I would like to see it instituted. I would like to add the Board of Health as it has.Mystic Valley Mental Health. Chairman Kenney: We will write to all and say that the Selectmen are interested in pursuing the matter and would like their comments and recommendations. The Board agreed. Chairman Kenney read a report from Mr. McSweeney regarding a re- quest from Mr. John LeBlanc for sewerage on Morris Street, stating that Sewer the Engineering Department's preliminary studies indicate that this LeBlanc short section of Morris Street will be included in our FY 75 sewer con- struction program. All indications are that favorable action is ex- pected at Town Meeting. The Board agreed to inform Mr. LeBlanc that Morris Street will be included in the sewer construction program, pending approval of the 1974 Town Meeting. 470 Permit Temple Isaiah Flee Market Request to Trustees Public Trusts Town Meeting Article Cert. of Incorp. Morey Sewer & Water Betterment Deferment Selectmen's Meeting March 11, 4974 The Board discussed a request from the Lexington Youth Soccer League and agreed to inform them that it had no objection to a fund.drive being conducted throughout the Town, provided it was properly supervised by adults. Chairman Kenney read a letter from Temple Isaiah Sisterhood re- questing permission to conduct a Flea Market on Sunday, May 19, at the Stop and Shop parking lot. Permission had previously been granted for the Lincoln Street recreation area. Chairman Kenney: Mr. O'Connell has been in touch with them and informed them that the State law prohibits•Sunday sales. We will tell them that the offer of the Town to use the Lincoln Street area still holds. The Board agreed. Chairman Kenney read -a request from Marjorie B. Fine, 52 Eldred Street, for a grant of $1440 from the Bridge Charitable Fund in.order to participate in the Washington Workshops Congressional Seminar Pro- gram. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts for $100 from the Bridge Charitable Fund for Marjorie.Fine. The Board discussed a request from the American Broadcasting Com- pany and agreed to inform them that the Town Moderator has ruled that there will be no TV coverage of Town Meeting during discussion of Article 108. Upon motion duly made and seconded, it was voted to certify the: character of the following who have applied for Certificate of Incor- poration: Ronda Finer 9 Flintlock Road "Dinner Programs, Inc." Burton L. Williams 17 Dane Road "Rabbi Joseph Rosen Institute for Advanced Studies, Inc." Chairman Kenney read a request from Mrs. Ruth Morey for a further deferment of sewer and water betterments on her property abutting Blake Road. Upon motion duly made and seconded, it was voted to again extend the time for payment of sewer betterment assessment in the amount of $861.33 and water betterment assessment in the amount of $187.50 levied against property owned by Mrs. Ruth Morey and located on Blake Road, without interest, until said land or any part thereof is built 471 Selectmen's Meeting March 11, 1974 upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however that this extensin of time shall terminate immediately if the land or any portion thereof is built upon or sold. The Board discussed Articles and it was agreed that each member would assume the responsibility of particular Articles and to research Articles information for presentation to Town 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 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 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: Executive Clerk, Selectmen Executive Session 472 Jurors O I d Res Bids TMMA Bus Tour SELECTMEN'S MEETING March 18, 1974 A regular meeting of the Board of Meeting Room, Town Office Building, on Chairman Kenney, Messrs. Bailey, Buse, Town Manager; Mr. Cohen, Town Counsel; Works/Engineering; Mrs. McCurdy, Execu Selectmen was held in the Selectmen's Monday, March 18, 1974, at 7:30 p.m. Brown, and Mrs. Battin, Mr. O'Connell, Mr. McSweeney, Director of Public tive Clerk, were present. The Board officially welcomed Mr. Busa back after his recent hospital- ization. At the request of the Town Clerk, five jurors were drawn, Lois Gallagher, Jack P. Selian Jennie E. Nowell Henry Torpey Alden A. Robbins 181 Follen Road 374 Lowell Street 298 Marrett Road 7 Preston Road 40 Homestead Street as follows: Mr. O'Connell informed the Board that bids have been received for construction work on the Old Res Recreation area. I concur with the recommendation of theDirector of Public Works/Engineering that the con- tract be awarded to Po -Mar Contracting, Incorporated of 50 Mooney Street, Cambridge, as the lowest bidder. Upon motion duly made and seconded, it was voted to award Contract 73 -I2 -E to Po -Mar Contracting, Incorporated for construction work on the Old Res Recreation area in the amount of $34,606.24, under the appropriation of Article 45 of the 1973 Annual Town Meeting. The Board discussed the route of the TMMA bus tour of areas con- cerned with 1974 Town Meeting Articles and it was agreed to meet at Cary Hall on Sunday, March 24 at 1:00 p.m. for the bus tour. Mr. Cohen read a letter from Mr. Martin Bernard, Trustee of the Burlington Arcade, withdrawing his petition for a hearing before the Burlington Board of Appeals and .... "It is not feasible for me to devote the Arcade entire five acre parcel to a greenbelt. Rather than have a piecemeal consideration of the ultimate use of this parcel, I consider it advisable to withdraw the pending petition and submit for considera- tion a proposal which in my judgment will provide the Town with the desired greenbelt coupled with a taxable use of this land which would be a credit to the community and to me. 1 intend to submit such a proposal before the end of April." Mr. Bailey: The only position we can take is to restore the area to its original condition. 473 Selectmen's Meeting March 18, 1974 Chairman Kenney: Mr. Bernard refers to five acres of greenbelt. Is this within Lexington? Mr. Cohen: I don't know. I think he is going to propose a green- -belt type of thing along Lowell Street so the neighbors won't see anything. Mr. Buse: In my opinion, we don't gain anything by starting legal action if he still agrees to our agreement to restore the area. The Board agreed to allow a limit of six weeks for the Burlington Arcade to restore the area at the Burlington -Lexington line. Attorney William Whalon and Mr. Haroian met with the Board. Haroian Mr. Whalon: We are here at the suggestion of the' Engineering Depart- Drain ment regarding the final phase of Minuteman Highlands. Since the adop— tion of the Article at Town Meeting, we have appeared before all Town Boards and have a problem in obtaining site approval. We have been twice before the Conservation Commission; apparently there is increasing con- cern regarding runoff of water. We find ourselves with a problem which arises because of the development of the land itself. There is obvious growth of interest in people in ecology, and this gets down to the estab- lishment of adequate drainage systems on the property and the necessity of upgrading existing facilities on Concord Avenue; also other -problems which may require enlarging the storm drainage system. There is a. pro- posal that the Town share with the developer in the cost of storm drains; we are prepared to recognize that what is there now is inadequate and we are willing to pay the increased cost. There is a storm drain system that runs to the East on Concord Avenue and disposes runoff in a brook. This is presently a 12" line; we are collecting water that requires an 18" line. We think we are going to need, depending on what they will require ultimately for the long-term picture, the line on Concord Avenue that will be 24"; iossibly we will be adding to it and also satisfy future requirements and it won't have to be dug up In years. We would like to go forward and have you consider the possibility that the Town might assume a portion of this and, if the contract is .awarded for storm drain -construction, that this be an addition to the existing contract and make 1t suitable to apply. We have conferred with Mr. McSweeney and our engineers are here. Chairman Kenney:. How much is the cost on the public way? Mr. Whalon: The distance is approximately 1,000 feet and from where we would dump our storm water, at that point there is now existing a 12" line and the additional cost to which would vary on the size of the property. I believe a ballpark figure would be approximately $25,000. Chairman Kenney: When you explained to Town Meeting, did the ques- tion of drain come up? Mr. Whalon: No. We had no reason to believe the existing storm drain was inadequate, but the ideas of storm drains have changed; the calculations made now by the Conservation Commission and the Engineering Department are on calculations of 10 yearstorms. 4r4 Conservation Commission Grey Nuns Front Land Selectmen's Meeting March 18, 1974 Chairman Kenney: Part of the problem is your sense of timing in coming this evening because our Capital budget is all wrapped up. From our viewpoint, we wouldn't be replacing that drain within the near future, and we just haven't budgeted anything of any major amount. I don't think the Board is of the opinion to cheng.it, but we will take it.under advisement. Mr. Buse: 1 sympathize with the builder but feel that in this development they should take it at least to our storm drain. I don't know why the Town didn't take this into consideration but feel the developer should take it to the Town of Lexington's drainage system. I don't think it is the responsibility of a developer to enlarge a drainage system because he is the first, and that they should be able to construct their drainage system into the Town's and future devel- opers should share. Chairman Kenney: There may be a question whether an 18" line could go into a 12" line. Mr. Busa: A, 12" pipe can adequately take care of it if the pitch is there. Mr. Bailey: How old is it? Mr. McSweeney: My guess is 20 years old. Mr. Bailey:. It is not designed to take any feeder? Mr. McSweeney: No. The question has come up as it is in a brook area. They happen to be in a position where they are at the top end and the only avenue is down a public way. Mr. Buse: If they tie into the nearest catch basin, Is there any problem? Mr. McSweeney: .Yes, of boiling over. Chairman Kenney: We will take it under advisement. Mr. Whalon: We will have in Mr. McSweeney's hands all of the engi- neering data. I reiterate that we don't look to the Town to assume the entire cost; we would pay a fair share. Chairman Kenney: We will be prompt in our answer back to you. Mr. Whalon and Mr. Haroian retired from the meeting. The Conservation Commission, Planning Board and Mr. Jaquith of the Historic Districts Commission met with the Board. Mrs. Frick: The Conservation Commission has received preliminary approval from the D.N.R. on the Hill -Meek property and Juniper Hill property and I think the Town will realize about $60,000 reimbursement. Dr. Kessler: The Conservation Commission has been working for many years on trying to protect the front land of the property owned by the Grey Nuns, not so much that it falls into the classic picture of the Town but that it is of vital character to the Town and should be pre- served. As a land acquisition group, we have been negotiating with the owners of the property, with the help and advice of the Selectmen. 475 Selectmen's Meeting March 18, 1974 The situation now is that Youville Hospital has an option on the land which runs to October. If they exercise the option, they will discuss with the Town the possibility of preserving the front hill. Conserva- tion met with the lawyers and, if the option is not exercised, he will discuss preserving the front land. We have an Article and we have agreed in principle with the lawyer of the Grey Nuns not to move that Article for eminent domain. We would like the Selectmen, Conservation Commission, Planning Board and Historic Districts Commission to dis- cuss this and then ask Town Meeting for the sense of the Town. It really isn't up to Conservation Commission but we feel it is essential for the preservation of the character of the Town. If we have to have a special Town Meeting, we are all for it. We would present it to Town Meeting as a group, and not ask for the Article to be passed but to get the sense of Town Meeting. If we need a special Town Meeting, we would ask for one for the funds. Chairman Kenney: When you ask for the feeling of Town Meeting, would you.have a dollar figure? Or. Kessler: Yes, but I would rather not give you a figure to- night. We have opinions of value and would let Town Meeting know what it would cost. I think the sense of the community is•what we are look- ing ook-ing for. Dr. Clarke: We have not considered the idea, although I think it is a good one. Mr. Jaquith, Chairman of Historic Districts Commission: As now proposed, there is no question that you would be placing Historic Dis- tricts before Town Meeting on an official basis for something we don't have authority to proceed on. Dr. Kessler: Doesn't the Commission vote on policy? Mr. Jaquith: It is different in each case. Mrs. Lois Brown: More times there are issues that come before one or another board, and we could have.some preliminary conriersation about it. That is what Conservation has in mind. 1 can see if the land were developed and the street laid out, then Historic Districts might want a word on it. To have boards working together can enable us to have a preliminary discourse on such questions. My question of the Conserva- tion Commission is, "What is the precise device?" Dr. Kessler Right now, we are asking for help right here - to see if it has any merit. Mrs. Brown: Is it under the Article to ask that it be explored? Chairman Kenney: I suggest that the Boards reply to Conservation, and Town Counsel will get an explanation. What Mrs. Brown was refer- ring to was that it may come before them as a change in the road and they feel they should stay out of it. Mr. O'Connell: A special Town Meeting would have to be soon after the Annual Town Meeting because the tax rate would be set. Dr. Kessler: I feel we wouldn't have to go to a special Town Meeting. 476 Selectmen's Meeting March 18, 1974 Mrs. Frick: The land is owned by the Lexington Corporation of the Grey Nuns and the Grey Nuns in Cambridge have an option on the land for another year. They are intending to build a facility for out- patients, and there is no fear of having it developed. They are an Order of Nuns from Canada and don't realize our feeling about the land. If the Grey Nuns are not able to accept the option in October, 1974, then this land is open for grabs and we didn't know how to handle it. Also, we thought Historic Districts had authority over the first 200 feet on Massachusetts Avenue. Mr. Jaquith: That goes to buildings and structures. There is nothing in our Act to recommend on blind projects. Dr. Clark: If the option is up in October, would that give us enough time to go to a Town Meeting a year from now for money? Mrs. Rawls: Their lawyer said if the option were not exercised, they would talk to us. Dr. Kessler: If we could decide ahead of time. Dr. Clarke: I don't remember any action on this before. From a personal point of view, 1 am wholeheartedly in favor as 1 like,the hill the way it is. Mr. Buse: I agree with the process and the way it is being taken but I disagree that the Grey Nuns could care less because of being from' Canada. They have a citizen of Lexington that represents them. . Chairman Kenney: I agree. Mr. Jaquith: If Conservation wants all represented on this, it could be done by having a member of the Historic Districts on the com- mittee. Chairman Kenney: As I understand it, you are asking for the sense of support. We will answer you in writing that we support the concept of putting the question of the Town's interest in the Grey Nun's.front land before Town Meeting in order to get an indication of the amount of support which the proposal will have. However, since there was no figure mentioned, we must reserve judgment in relation to the monetary cost which might be involved, and we feel that an estimate of this cost should be made in the upcoming Town Meeting. Mrs. Frick: We have a line item of $5,000 in the budget for an Conserve- intern and Mr. O'Connell said we would not have David Hughes' services. tion What is your direction to mel Intern Mr. O'Connell: This is not an appropriatematter for open session. The Board agreed to discuss the matter at a later meeting. The Conservation Commission, Planning Board, and Mr. Jaquith retired from the meeting. The Board discussed the following report of the Advisory Committee on Filling Vacancies on the School Committee and the'Board of Selectmen: 1 1 Selectmen's Meeting March 18, 1974 REPORT OF ADVISORY COMMITTEE CONCERNING ARTICLE 90, 1974 A.T.M. (FILLING OF SELECTMEN AND SCHOOL COMMITTEE VACANCIES) We have been asked to advise the Selectmen as to possible amendments to the third paragraph of Section 1 of the Town Manager Act, dealing with mid-term vacancies on the School Committee and Board of Selectmen. The existing scheme calls for filling such vacancies by special town elections, unless the vacancies occur less than 100 days prior to the next annual election. There are two alternatives that we believe supe- rior to this scheme. We describe these two preferred alternatives immediately below, under the headings "Town Meeting Scheme" and "Re stricted Appointment Scheme." We then go on to examine some of their respective advantages and disadvantages, as compared with the existing scheme, with other possible schemes, and with each other. The Town Meeting Scheme A vacancy in either board, occurring 100 days or more prior to the next annual election, would be filled at a special town meeting, to be called for this purpose by the Board of Selectmen upon notification of the vacancy. The person so chosen would serve only until the next annual election, but would be eligible then to run for the unexpired (or new) term. (•If the person did run at the next annual election, he or she would not be identified on the ballot as a candidate for re-election.)* The town meeting would normally be set for the evening of the third Monday following the Selectmen's action. (This would normally mean an elapsed time of 3 - 4 weeks between the occurrence and the filling of the vacancy.) The charter amendment would stipulate that the Warrant for a special town meeting called for this purpose would be restricted to just the one Article. Citizens' articles would not be admitted to this Warrant. When setting the date for the meeting, the Selectmen would also establish a deadline for taking out nomination papers. This would norm- ally be the second Thursday following the Selectmen's action, allowing for publicity in one issue of the Lexington Minute -man and a week's *G.L. c.54, 541, provides: "To the name of each candidate for a town office upon an official ballot who is an elected incumbent thereof shall be added the words 'Candidate for Re-election."' (emphasis sup- plied) We believe that the word "elected," as used in this provision, applies only to persons elected by the voters and would not, or need not,•apply to someone chosen by a representative town meeting. 477 Vacancies School Committee Board of Selectmen 4 8 Selectmen's Meeting March 18, 1974 time thereafter for deciding upon candidacies. The usual requirement of 50 signatures to nominate would be in force. (This seems neces- sary to week out frivolous candidacies.) Signed papers would be due four or five days after the deadline for taking them out -- normally the following Monday. This would leave a one-week period for communi- cation and discussion, including one opportunity for candidates to have their qualifications and views published in the Minute -man. The town meeting session itself would be simple and expeditious.,; Statements by the candidates might be allowed, but there would be no need for floor debate. Voting would be -by elimination. Each member; would cast one vote on the first ballot, with a candidate declared . elected if he/she received a majority of the votes; and, if no candi-_, date received a majority on the first ballot, a second ballot would follow with that candidate eliminated who ran last on the first bal,lot;: and so forth. Since members would be voting as elected representatives, not private citizens, we think the balloting should probably be.by roll -call. The Restricted Appointment. Scheme If a vacancy occurred 100 days or more prior to the next annuai. election, the remaining members of the board having the vacancy --„norm- ally four in number -- would be joined by the Moderator, and this group, by majority vote, would appoint the successor. The appointment would be made not more than two weeks after notification of the vacancy. The successor would have to be selected from among past elected occupants of the office to be filled, unless at least four of those participating in the appointment process first determined, by vote, that there wereno such persons still resident in the Town who were willing and able to serve. The person appointed would serve only until the next annual elec- tion, but could run for election at that time.* It is an essential feature of this scheme that the Moderator would be expected to take a full and active role throughout the process,•on an equal footing with the four remaining board members. There should be no thought of the Moderator's role being restricted to that of breaking deadlocks that might arise among the other four, because assuming such a restricted role could prove detrimental to the performance of the. Moderator's other responsibilities, which depend heavily on his maintain- ing a posture of impartiality and neutrality as among political groups and factions in the Town. *Since the appointed successor would clearly not be an "elected incum---' bent,” he or she would not be entitled, under G.L. c.54, S 41, to be.. designated on the official ballot as a "Candidate for Re=eieot ." 479 Splectmen's Meeting March 18, 1974 The Schemes We Have Rejected The relative merits of our two preferred schemes can best be dis- cussed by comparison with other possible'schemes we regard as unsatis- factory. Town Election Scheme: This is the existing scheme. its ais'... " , are dearly known from our recent experience with it: expense,delay, apathy. We understand that the recent School Committee election cost the Town about $5,000 -- perhaps about $1,000 to print and mail the Warrant and over $3,000 for election day expenses. In addition, the private expenses of campaigning effectively for a town- wide election are substantial. Such an election, moreover, seems bound to take at feast two months from the time the vacancy occurs if there is to be a reasonable opportunity for candidates to communicate with voters. The expense and delay might be justified if they were the price of a truly democratic and representative election process; but voter apathy and light turn-outs for such special elections seem pre- dictable, undermining the representative character and participatory benefits of this expensive and time-consuming process. The Restricted Appointment Scheme is, of course, far cheaper and quicker than the present scheme; but it seems no better than that scheme in terms of representativeness and citizen participation. The Town Meet- ing Scheme occupies a midpoint as to expense and delay: the cost to the Town would be about $1,000 for printing and mailing warrants, plus the costs of a single town meeting session, while private campaign expense and necessary campaign time could both be greatly reduced by the abil- ity to focus communications on presumably knowledgeable town-meeting members. The Town Meeting Scheme seems plainly superior to any appoint- ment scheme in terms of representativeness and participation; and we believeit probably superior in these same characteristics to a special town-wide election, because there would be a very high (proportionate) Ievel.of participation by elected"'Town Meeting members as contrasted with a very low voter turn-out. We reach this judgment although we are aware that,".especially given the restrictive time-frame we are propos- ing, Town Meeting members would tend to vote on the basis of their own individual appraisals rather than on the basis of constituent views. Promotion Scheme: A conceivable method of filling vacancies is tep promote the runner-up in the previous town election for the office in question. We reject this idea because the risk is too high that it will be undemocratic in its effects. A "runner-up" may well be indis- tinguishable from an "also-ran." It frequently happens that in an annual election the number of candidates exceeds the number of vacan- cies by precisely one, and in any such case, the "runner-up" is siinply.a persbn whom the electorate has rejected. Where the number of "excess" candidates was larger, the adverse inference is less obvious, but still plausible. Appointment Schemes: All appointment schemes have the advantage of cheapness and quickness. All have the disadvantage of being, or at least seeming, undemocratic and nonparticipatory. The person • 4S0 Selectmen's Meeting March 18, 1974 appointed is almost certain to be someone personally known to many or all of the board members doing the appointing -- what many citizens would think of as an "insider." On the other hand, the appointee would serve only until the next election. in that election the appointee would not have the advantage of a special ballot position or designation, though he/she could, of coursepPeal.to the electorate on the basis of experience gained during the interim period of service. (We reject the possibility of requiring the appointee to refrain from running for election, for two reasons: first, an indi- vidual's right to run for office should not be thus restricted; second, it seems wasteful to disqualify a person who may have invested heavily in acquiring valuable knowledge and insight during his/her period of service.) The idea of restricting appointments to former occupants of the_. office is intended to alleviate the anti -democratic character of an;' appointment scheme by ensuring that the person selected is someone whom the voters themselves have once seen fit to select. Yet we should note the risk (though it seems unlikely) that the only willing former office -holders are persons whose ability to serve the; Town effectively has become impaired, for example, by illness. We have recommended that any appointment should be made by the remaining members of the concerned board plus the Moderator -- thus rejecting the scheme proposed in the general laws for filling School Committee vacancies, whereby the Selectmen would sit with the re- maining members of the School Committee in filling School Committee vacancies.* Our thinking here Is that the voters may well have selected Selectmen and School Committee members with different objectives in mind, and that the two boards often (and appropriately) have different, and partially conflicting, institutional goals. (Certainly no one would suggest that the School Committee participate in the filling of Selectmen's vacancies!) Wait -it -Out -Scheme: One way of dealing with vacancies is simply to let them remain unfilled until the next annual election. The virtue of this approach is that it completely avoids all the problems. of expense and/or offense to democratic principles that each of the : alternatives to some degree entails. The disadvantages are the risk of deadlock in a remaining four -member board, and the increased work-,. load on remaining board members. The "I00 -day" provision is a device: *G.L. c. 41, S'>II, deals with School Committee vacancies, Under 6.L.._ ch. 41, S 10, vacancies on the Board of Selectmen are filled, if at all, at a special election which may be called by the remaining Selectmenor by 200 voters. There is no requirement that our special -law charter (i.e., the Town Manager Act) follow the methods provided in the General Laws. 1 Selectmen's Meeting March 18, 1974 for trading off these conflicting considerations. (The length of this period could, of course, be adjusted in either direction without vio- lence to the central purposes of either the Town Meeting or the Restricted Appointment Scheme.) Town -Meeting Versus Restricted -Appointment Choice between these, our two preferred alternatives, depends on appraisal of their relative virtues and defects vis-a-vis one another. The Restricted Appointment Scheme is clearly superior in terms of expe- ditiousness, inexpensiveness, and administrative ease. In addition, it might be argued that those participating in the appointment process would have a degree of special insight, not readily available to Town Meeting members as a group, regarding the personal qualities and talents which would be of particular and timely service to the Board in question. By contrast, the Town Meeting. Scheme's greath strength is the breadth of participation it would make possible, and the assurance it would tend to give that the person filling a major (normally an elective) office was someone acceptable to a broadly representative body of citizens. We believe the choice Is a closely balanced one. We have not attempted in this Report to suggest which way it should go, believing that the appropriate step at this point is to submit the matter to broadened discussion. Should anyone wish to know our individual pre- ferences as they stand at present, we shall be glad to state them. Procedure Itmight be advisable to have two motions drafted for presentation to the 1974 ATM -- one for a Town Meeting Scheme, one for a Restricted Appointment Scheme. We could also have in readiness certain motions to amend, especially in regard to the "Appointment" motion -- for example, to remove the restriction to former office holders. In any case, we think the motion should provide for petitioning the General Court for special legislation which would set forth an amendment to the Town -Manager Act and would stipulate that the amendment would take effect only after approval by the voters at the next annual election. The Act was initially adopted with voter ap- proval, and no amendment affecting the method of filling major town offices -- especially if the method would reduce the powers of the general electorate -- should be adopted without also having obtained voter approval. Using this approach, a rough time -table would be: • 1947 A.T.M. -- Town Meeting votes to instruct Selectmen to petition General Court for special - legislation to amend Town -Manager Act. 1 431. Float Competition Judge Selectmen's Meeting March 1.8, 11.974 May, 1974 -- Selectmen forward petition to General Court. Summer. 1974 -- General Court passes, and Governor signs, special act calling for submission of proposed amendment to voters. March. 1975 -- Amendment question on ballot at. annual town election. If approved, amendment takes effect. If disapproved, it doesn't. Drafting of motions should, of course, rest ultimately with the Town Counsel acting under instructions from the Selectmen. We shall be happy to provide any requested assistance. Respectfully submitted, Frank 1. Michelman George P. Wadsworth Natalie H. Riffin,.Chairman Mr. Brown: I like the restricted appointment scheme as long as ap- pointees are not restricted to former members of that board. _Chairman Kenney: I think it is an unnecessary restriction. Mrs. Battin: I like the Special Town Meeting Scheme. Chairman Kenney, Mr. Bailey, Mr. Buse and Mr. Brown agreed to support the restricted appointment scheme. Chairman Kenney: Eighty percent of the Board takes a favorable position on the appointment scheme and the motion at Town Meeting would be on the restricted appointment scheme. Mrs. Battin: We propose to have a substitute motion drawn up, and 1 think Town Meeting ought to have the option to decide. When the Selectmen -Town Manager Act was initiated,lit stated "when a vacancy or vacancies occur in the membership of the school committee or the Board of Selectmen, the Board of Selectmen shall call a special town election to fill the vacancy or vacancies for the unexpired term or terms, except that if such vacancy or vacancies occur less than one.. hundred days prior to the annual election and not less than three mem- bers of such committee or board remain in office, the vacancy or vacancies shall remain unfilled until such annual election." Chairman Kenney read a request from the Chamber of'Commerce for the appointment of a Selectman as a Judge of the Float eompettion. 4 Upon motion duly made and seconded, it was voted to appoint Mrs. Margery M. Battin as Judge of the Float Competition on April 15, 1974. y Selectmen's Meeting March 18, 1974 Upon motion duly made and seconded, it was voted to sign the license for Marine) Transportation, Inc., North Chelmsford, to transport Raytheon Common employees from Route 128 from the Burlington line, Bedford Street, Hart- Carrier well Avenue, Westview Street to the Bedford line, with no stops. License Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meetings held on October 23 and October 29, 1973. Upon motion duly made and seconded, it was voted to sign Contract 73-7-E, awarded on February II, 1973, to Antonellis & Curley, Inc. in Sewer the amount of $139,189.67 for sanitary sewer construction on Blossom Contract Street, Lawn Avenue, Concord Avenue at Blossom Street, Concord Avenue 73-7-E at Pleasant Street, Blossom Street Interceptor, Constitution Road Pump- ing Station, Hayes Lane, Davis Road, Summer Street, Green Lane. Authority is contained in the appropriation under Article 20, 1973. Upon motion duly made and seconded,.it was voted to sign Contract Contract 75 -I -E, awarded on February II, 1973 to D.L. Jones Investigations in 75 -I -E the amount of $6,700 for test borings in Lexington; Locations to be Test designated by the Engineering Department. Authority is contained in Borings several Articles, depending upon the purpose of the project. Chairman Kenney read a request from the Conservation Commission to vote to acquire and take by eminent domai=n, under Article 59 of Ashley 1972. Land Upon motion duly made and seconded, it was voted to take by Acquisi- eminent domain for conservation purposes land owned by Carol Ashley Smit tion and Rosamund J. (Ashley) Savage shown asParcelsA-I and A-3 on "Plan of Land in Lexington, Mass," dated December 27, 1973 by Barnes Engineering Company, Inc. Authority is contained in Article 59 of the 1972 Annual Town Meeting. Upon motion duly made and seconded, it was voted to sign the Order of Taking as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex, SS. Town of. Lexington At a meeting of the Board of Selectmen of the Town of Lexington held this 18th day of March, 1974, it is ORDERED: Whereas by a.vote adopted at a Town Meeting duly called, warned and held on the sixth day of March, 1972, namely at an adjourned session thereof duly held on March 27, 1972 in accordance with the provi- sions of law applicable thereto, the Selectmen were authorized on behalf of the Town of Lexington to take by eminent domain, upon the request of the Conservation Commission of the Town of Lexington, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws of Massachusetts, the land hereinafter described, and an appropriation of money was made therefor. 484 Selectmen's Meeting March 18, 1974 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 amend- ment 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 two certain parcels of land in said Lexington, bounded and described as follows: Parcel 1 - Beginning at a point on the southwesterly sideline and terminus of the so called Worthen Rd., thence S 36-27-24 E distant 259.07 ft. to a point, thence bearing to the right with a curve of 1184.00 ft. radius distant 686.58 ft. to a point, thence N 51-27-54 W distant 434.20 ft. to a point, thence N 45-14-31 W distant .88.97 ft. to a point, thence N 44-52-38 W distant 58.31 ft. to a point, thence N 46-19-29 W distant 62.44 ft. to a point, thence N 46-40-34 W distant 69.43 ft. to a point, thence N 47-37-57 W distant 41.18 ft. to a point, thence N 41-35-49 W distant 35.00 ft. to a point, thence N 45-35-11 W distant 71.51 ft. to a point, thence N 44-29-13 W distant 59.14 ft. to a point, thence N 46-52-22 W distant 61.04 ft. to a point, thence N 45-27-51 W distant 52.04 ft. to a point, thence N 51-05-02 W distant 89.05 ft.'to a point, thence. N 77-35-49 E distant 463.81 ft. to a point of beginning. All as: shown as Lot A-1 on a plan entitled, "Plan of Land in Lexington, MOS*. Scale 1'=80', December 27, 1973, Barnes Engineering Company, inc., 411 Lexington Street, Auburndale, Mass." to be recorded herewith, con- taining according to said Plan 6.17 acres. Also another parcel of land bounded and described as follows: Parcel 2 - Beginning at a point, said point being N 77-35-49 E distant 298.01 ft. from the southwesterly sideline and terminus of the so called Worthen Rd., thence N 77-35-49 E distant 382.60 ft. to a point, thence N 00-20-47 W distant 168.59 ft. to a point, thence S 85-58-55 E distant 127.64 ft. to a point, thence S 02-44-58 E distant 499.01 ft. to a point, thence N 89-56-30 W distant 200.00 ft. to a point, thence N 51-38-07 W distant 413.12 ft. to the point of beginning. All as shown as Lot A-3 on a plan entitled, "Plan of Land 3~n Lexing- ton, Mass. Scales"=80'; December 27, 1973, Barnes Engineering Company, Inc., 411 Lexington Street, Auburndale, Mass." to be recorded here- with, containing according to said Plan 3.20 acres. 485 Selectmen's Meeting March 18, 1974 All trees upon said parcels and buildings and structures affixed thereto are included in the taking. We have awarded damages by reason of the taking hereby made to Carol Ashley Smit in the sum of Eighteen.Thousand Two Hundred Seventy - One and 50/100 Dollars ($18,271.50) and Rosamond J. Savage, formerly Rosamond Jean Ashley in the sum of Eighteen Thousand Two Hundred Seventy-one and 50/100 ($18,271.50). In so awarding damages, we have 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 in 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 Fred C. Bailey Alfred S. Buse Sanborn C. Brown Margery M. Battin Upon motion duly made and seconded, it was voted to acquire and take by eminent domain for school, playground, recreation, sewer and drain purposes land owned by Carol Ashley Smit and Rosamund J. (Ashley) Savage shown as Parcel A-2 on "Plan of Land in Lexington, Mass." dated December 27, 1973 by Barnes Engineering Company, Inc. Authority is contained in Article 58 of the 1972 Annual Town Meeting Upon motion duly made and seconded; it was voted to sign the Order of Taking, as follows: Middlesex,ss COMMONWEALTH OF MASSACHUSETTS Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held this 18th day of March, 1974, it is ORDERED: Whereas by a vote adopted at a Town Meeting duly called, warned and held on the sixth day of March, 1972, namely at an adjourned session thereof duly held on March 27, 1972 in accordance with the pro- visions of law applicable thereto, the Selectmen were authorized on behalf of the Town of Lexington to take by eminent domain for school, playground, recreation, sewer and drain purposes the land hereinafter described, and an appropriation of money was made therefor. 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 under and by virtue of the provisions of Chapter 504 of the Acts of 1897, Chapter 263 of the 486 Selectmen's Meeting March 18, 1974 Acts of 1926, Section 14 of Chapter.45 and Chapter 79 of the General Laws of Massachusetts, and all acts in amendment thereof and in addi- tion thereto, and of any and every other power and authority us hereto an any way enabling, take in tee simple in the name and on behalf of the Town of Lexington for school, playground, recreation, sewer and drain purposes a certain.parcel of land in said Lexington, bounded and described as follows: 1 Beginning at a point on the southwesterly sideline and terminus' of the so called Worthen Rd., thence S 36-27-24 E distant 259.07 ft. to a point, thence bearing to the right with a curve of 1184.00 ft.. radius distant 686.58 ft. to a point, thence S 51-27-54 E distant 91.85 ft. to a point, thence bearing to the left with a curve of i. 1254.00 ft. radius distant 100.00 ft. to a point, thence.N 84-59-44 E distant 130.00 ft. to a point, thence bearing to the left with a curve of 1384.00 ft. radius distant 539,74 ft. to a point, thence N 65-32-35 E distant 202.16 ft. to a point, thence N 51-38-07 W distant 413.12 ft. to a point, thence S 77-35-49 W distant 298.01 ft. to a point of beginning. All as shown as.Lot A-2 on a plan entitled, "Plan of Land in Lexington, Mass. Scale: I"=80', December 27, 1973, Barnes Engineering Company, Inc., 411 Lexington Street, Auburndale, Mass." to be re- corded herewith, containing according to said Plan 5.46 acres. All.trees upon said parcel and buildings and structures affixed therato.are included in the taking. We have awarded'damages by reason of the taking hereby made to Carol Ashley Smit in the sum of Ten Thousand Three Hundred Seventy-' Four Dollars ($10,374.00) and Rosamond J. Savage, formerly Rosamond Jean Ashley in the sum of Ten Thousand and Three Hundred Seventy- . Four Dollars ($10,374.00). In so awarding damages, we have 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 in 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 LEXTINGTON Fred C. Bailey Alfred S. Buse Sanborn C. Brown Margery M. Battin 487 Selectmen's Meeting March 18, 1974 Upon motion duly made and seconded, it was voted to table the letter School from Mrs. John Steiner, 22 Estabrook Road, regarding School Street traffic. St. Traf, Mr. Lloyd Gilson, Community Concern for Regional Planning Commit- tee, met with the Board to discuss House Bill 2856 concerning an access road on and off Route 3 at Burlington. Mr. Gilson: We oppose this bill because it conflicts with re- quired Federal safety standards for limited access highways such as Route 3. It is an encroachment on right-of-way land on both sides of the existing highway now reserved for future lane expansion. There is lack of specific information in the bill regarding location of connec- tors and possible use of bridges or underpasses which would affect traffic flow on Route 3. Additional access roads would have to be built, possibly through residential neighborhoods in Lexington and Bedford and these roads would severely disrupt the neighborhoods, and would undoubtedly be built at the States expense. The current owners of the 250 acres, and the potential developer, have consistently refused to publish a definite site plan, showing location and density of buildings. Maximum development must therefore be assumed, creating maJor,sub-regional problems of an environmental and traffic nature. We are asking the Planning Board and the Selectmen to oppose this bilk and to have a representative of the Town speak at the State House on March 25. We would request that a letter be sent to the Chairman of the Transportation Committee stating opposition to this bill. Chairman Kenney: It is the unanimous feeling of this Board to oppose any access to this land. We will write to the Chairman of the Transportation Committee stating that we feel that the additional traffic which would be generated by industrial development would add an impossible burden to the presently overburdened Middlesex Turnpike. All of the Lexington land which abuts this area is zoned for single family residences and we foresee many traffic problems. Therefore, we strongly urge a negative report on House Bill 2856. Mrs. Battin agreed to be present at the State House on March 25 to oppose the bill. Mrs. Brown will also be present to represent the Planning Board. Chairman Kenney read a letter of resignation from Mr. Timothy Sullivan as a Registrar of Voters, effective immediately. Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Mr. Timothy Sullivan as Registrar of Voters. 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 of financial interest to the town, it was voted to go out of Executive Session. A true record, Attest: )27 Executive Clerk, Selectme Burlington Lexington Route 3 Access Rd. Resignation Registrar of Voters Executive Session 488 Conserve - tion Fund SELECTMEN'S MEETING March 25, 1974 A regular meeting of the Board of Selectmen was men's Meeting Room, Town Office Building,. -on Monday, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Brown Battin; Mr. O'Connell, Town Manager, Mr. Cohen, Town Casey, Assistant Executive Clerk, were present. held in the Select - March 25, 1974 and Busa,•Mrs. Counsel; Miss, Dr. Kassler and Mrs. Frick of the Conservation Commisslon.met with the Board to discuss Article 55 on the Conservation Fund. Chairman Kenney asked that the discussion be conducted with mutual respect for everyohe's point of view. Chairman Kenney: The Board feels that the Conservation Commission should defer the acquisition of the Valleyfield Street land. There is some litigation involved whereby it will be a year or so before it.can be settled. Conservation Chairman Angela Frick said she felt the matter could be resolved in the near future but agreed that it might come out of the 1975 budget. It was agreed to table the matter. Chairman Kenney: The Board recommends that the Conservation Fun be brought to $15,000 to start off the next year's fiscal budget." The Conservation Commission agreed to meet with the Appropriation Committee. The expense budget was approved with the exception of the secre- tary's salary request of $3700. The Board cut this amount to $5,000. It was -pointed out that she works 25 hours a week. As of May 1, the rate of pay was increased from $2.50 to $3.00.' Specialized engineering services were discussed. Dr. Kassler: There are no field inspections being done as there is no one to do this work. There is need for engineering help and field inspections. Mr. O'Connell: Last week Dr. Kassler gave an outline of require- ments. Roughly, they would cost the Town $23,000 for a professional person equivalent to the Planning Director, a full-time clerical person, half-time person for engineering, $4,000 a year for enforce- ment support plus a continuation of outside engineering help, plus $2,000 to furnish office space if it were available. Mr. Brown: I object to the whole procedure. The Board does not have the information. We had no knowledge of this meeting until today. We would regularly have to go to Town Meeting and ask for funds. Mr. O'Connell: I'm simply telling the Town what it would cost to provide the services requested. Chairman Kenney: Mr. McSweeney, how much engineering services did you give to the Conservation Commission last year? Mr. McSweeney: Hundreds. The engineering services Dr. Kassierls talking about is quite complicated. Land article services is one,,..• operational inspections and review of the Hatch Act. There are a number of things involved. Dr. Kassler: We have been asking for this help for two and a half years. Selectmen's Meeting March 25, 1974 It was agreed that the Conservation Commission could not handle alt the work themselves. The services of Mr. Whitney on a part-time basis under the supervision of Mr. Briggs would be made available to the Conservation Commission when absolutely necessary. The Conservation Commission agreed to the proposal. The Conservation Commission retired from the meeting. The Town Meeting Members Association met with the Board to discuss Article 89 - Amendments to the General By-laws. As the Town had established a Town Manager/Selectmen Act, there are many inconsistencies in the By-laws that should be changed. The intent is not to change the By-laws, but to reconcile the inconsis- tencies. The Selectmen requested the assistance of Steve Politi in compiling the changes for reprinting of the complete By-laws of the Town. It was agreed that only the changes would be published in the Minute -Man. The Appropriation Committee met with the Board to discuss the Articles for Town Meeting. Mr. O'Connell and the Board brought the Appropriation Committee up to date on the recommended appropriations for approval at Town Meeting. There was some questioning from the Appropriation Committee regarding the dog pound, D.P.W. Equipment storage building and the D.P.W. equipment. Chairman Kenney read a letter from Rev. Harold T. Handley stating that he had been asked by the Lexington Bicentennial Committee to chair a sub -committee of the Lexington Bicentennial Committee to study, plan and:implement the rededication of the Lexington Battle Green on April 20, 1975. Rev. Handley submitted four names of people to serve on this sub -committee pending approval of the Board. ',Upon motion duly made and seconded, it was voted to approve the following to serve on the sub -committee of the Lexington Bicentennial Committee to study, plan and implement the rededication of the Lexing- ton Battle Green on April 20, 1975: The Report from John J. McSweeney, Director of Public Works/Engi- neering regarding storm drainage from Minuteman Village was read. The report revealed that the design plans for Minuteman Village showed that a larger storm drain was needed in Concord Avenue because of the inadequate capacity of the existing storm drainage systems. These systems were installed in 1962 with Chapter 90 funds and, while adequate for conditions of that time and expected single -lot develop- ment, they did not anticipate the demand of a Minuteman. Village -type project. The Minuteman Village design calls for an 18" pipe to run easterly 1100' from the site along Concord Avenue to a tributary of Hardy's Brook. This route appears to be the most economical and should be recommended. Engineering, however, feels that more development 4S9 Amendment By-laws Appropria- tion ppropria- tion Committee Sub -Comm. Rededica- tion of Battle Green Minuteman Village Storm Drainage 490 Constable Bond Special Policemen Selectmen's Meeting March 25, 1974 along similar lines as proposed should be anticipated and for that reason recommended that a pipe larger than 18" be installed. There is already a 12" storm line paralleling the same route. Rather than become in- volved in the undesirable proliferation of pipes in Concord Avenue, Engineering feels that the existing 12" pipe should be removed and a single line installed in the old trench of a size sufficient to carry the existing, the Minuteman Village and the future runoffs. Minute- man Village needs an 18" line to carry its runoff. It was pointed out that a 24" line would have twice the carrying capacity of an 18" and a 30" a four -fold increase. Engineering felt that the developer should be permitted to install an 18" line completely at his expense. They felt, however, that a larger size pipe should be installed. In this case, the Town would pay for the difference in the cost of an 18" and 24" pipe. Estimated cost for 1100' of 18" storm drain is $25,000 or roughly $25 per foot. The additional cost for a pipe 24" in diameter would run another $3.00 per linear foot. The brunt of the cost, re- gardless of pipe size, is the cost of installation which is about $20 per foot. It was suggested that if the Town is so inclined it could reach an agreement with the developer whereby the Town would pay the installation costs and pipe size cost difference between 18" and 24". The cost to the developer would then be $5.00 per foot or roughly $5,000. It was suggested that another agreement could be for a propor- tionate share of the size, such as 18/24 of the total cost. Also, the Town could assume the whole cost of installation, as once it is in the ground it is available cost-free to all abutters. "Should the first to need the line be the only one to pay for its cost? Another argument is that the development will increase the tax base. Could not off- site drainage to the project be provided as another Town service whistle cost will be returned from future taxes on the property. ContrarPj•ly, this last argument can be rebutted with the argument that the increase in the tax base is expended in the many Town services needed for the project." Engineering recommended that the existing 12" line be re- moved and replaced with a 24" pipe all within the same trench as`such construction would minimize the disturbance to the existing utilitleri in an already overcrowded Concord Avenue sub -grade. After a great deal of discussion it was agreed that Mr. McSweeney would get an estimate of the total cost of construction and contact Mr. Haroian and work out an acceptable agreement up to $7,000 and he•could pick up the rest. Upon motion duly made and seconded, bond of Constable John J. Shine, Jr., in Chairman Kenney read a request from ments of Special Policemen. Upon motion duly made and seconded, following as Special Policemen for terms it was voted to approve the the amount of $3,000. Police Chief Corr for.eppoint- it was voted to appoint the expiring March 31, 1975. • 1 • Selectmen's Meeting March 25, 1974 Special Police Officers Expiring March 31, 1975 IICHESON, Eugene A. ADAMS,'Adam A. ADAMS, Alan G. ADAMS, Bertram H. Jr. AZZOLINI, Angelo D. BAILEY, Fred C. BALLOU, Sidney R. BARNES, Raymond B. BARRETT, Elliott J. BARRY, George C. BARRY,' John M. BATTIN; Margery M. 76ELCASTRO, Francis BELCASTRO, Frank ;BENTLEY, Thomas F. BERNIER, Arthur T. BROWN, Otis S. Jr. BROWN, Sanborn C. BRUCCHI, John W. BUSA, Alfred S. BUSA, William A. BARNES,`John E. CARLSON, Norman C. CASEY,.Wiliiam P. CATALDO, James CATALDO, Robert COLE,'•Llncoln P. CORR; Steven A. CORR, James F. 111 CONNOLLY, Charles E. Jr. CORAZZINI, Richard M. COSTELLO, Thomas F. DE FLICE, Dominic J. DOOLEY, Henry W. DOUGHTY, George Jr. DRISCOLL, Robert V. EMERY, Alan ERNST, Karl FREEMAN, George 2634 Massachusetts Ave. 23 Charles St. 15 Somerset Rd. 127 Wyoming Ave., Malden 11 Cresthaven Dr. Burlington 48 CooF.idge Ave. 38 Highland Ave. 59 Gleason Rd. 23 Minuteman Land 36 Forest St 34 Forest St. 15 Paul Revere Rd 174 Wood St. P.O. Box 332 264 South Rd., Bedford 54 Baskin Rd. 3 Bond Rd. 37 Maple St. 2 Saran Ave., Bedford 38 Circle Rd. 38 Circle Rd. 15 Eagle Dr., Salem, N.H. 329 1063 43 1970 16 8 8 67 40 36 Marrett Rd. Massachusetts Ave. Rindge Ave. Massachusetts Ave. Hill St. Park St. Park St. Cedar St. Philip Rd. Allen St. 17 Larchmont Lane 77 Baker Ave. 75 Paul Revere Rd. 30 No. Broadway, Haverhill 441 Lowell St. 37 Eldred St. 13 Grant Street, Concord 491 Resident Resident Res,i dent MIT Lincoln Lab. Library Custodian Selectmen Resident Resident Resident Resident Resident Se1ectwoman Firefighter Dog Officer Custodian Resident Resident Selectman Firefighter Selectman Resident MIT Lincoln Lab. Police Cadet School Dept. Firefighter Resident State Rep. Police Cadet Resident Resident Police Cadet Resident Resident Resident School Dept. MIT Lincoln Lab. Firefighter Resident Police Emp. 492 Selectmen's Meeting March 25, 1974 GALLAGHER, Edward T. GILMAN, Edward M. GOULART, Edward G. GILMAN, Philip GRENIER, Louis HADLEY, Herbert R. HAM, Richard W. Jr. HORSMAN, John T. HRUBY, Alfred W. HURD, Richard G. JACKSON, Lee B. 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 MARTINEZ,'Daniel C. MC CARRON, Francis MC DONNELL, Edward T. MC SWEENEY, John J. MERCER, Charles R. MICHELSON, Richard MULLER, Eugene T. MULLER, Leonard E. MALONEY, John W. MALONEY, William E. Jr. MAZERALL, Paul NUTT, Alfred O'CONNELL, Walter C. O'LEARY, Joseph R. ORMISTON, Wallace W. PEKINS, George PEZZULO, Michael PRESCOTT, Robert 6 Maple St., Maynard 56 Bloomfield St. 6 Rindge Terr., Cambridge 129 Burlington St. 147 Maple St. 6 Fern St., Chelmsford 7 Roosevelt Rd. 22 Water St., Ipswich 36 Williams Rd. 12 Loring Ave., Maynard 62 Bow St. 8 Alcott Rd. 37 Woburn St. 71 Lowell St. 49 Earle St. 54 Ward St. 10 Frost Rd. 16 Dane Rd. 9 Spring St. 110 Woburn St. 4 Macintosh Rd., Bedford 5 Hillside Terr. 62 Elm St., Bedford 99 Cedar St., Braintree 6 Park St. 54 Asbury St. 24 Ewell Ave. 19 Fairbanks Rd. 157 Emerson Rd. 59 Albemarle Ave. 20 Wilson Rd. 45A Ridge Rd. 57 Emerson Gardens 171 Lincoln St. 38 Charles St. 28 Chase Ave. 247 Marrett Rd. 2 Forest St. MIT Lincoln Lab. Firefighter MIT Lincoln Lab. Resident Custodian MJT Lincoln Lab. Police Cadet MIT Lincoln Lab. Resident. MIT Lincoln Lab. Police Emp. Civil Defense CivJ IIDefense Town Employee Town Employee Firefighter Selectman Res i dent .I Resident Firefighter Citizen Firefighter Cary Library Dir._Public Works Resident Resident Firefighter Firefighter Citizen Citizen TOO Employee School Dept. Town 'Manager PoliC:e;Cadet Schoot Dept. Firefighter School Dept. Resident 1 Selectmen's Meeting March 25, 1974 REDMOND, James F. ROONEY, Joseph 0. RUSSELL, James F. RYDER, Howard D. SAMUEL, Frank T., Jr. SAUNDERS, Robert W. SMITH, Howard A. ,SPELLMAN, Walter SPIERS, William L. Jr. STEVENS, Edward P. STEVENS, Raymond STUCKE, Alden F. SULLIVAN, Thomas SWAN, Duncan F. SWEET, Frederick B. SWANSON, Patricia SCIGLIANO, Anne R. THYNG, Slade A. TRANI, Joseph A. TOTMAN, Frank H., Jr. WEISINGER, Wallace WENHAM, Thomas WHITING, William WRIGHT, Glenn 9 Utica St, 222 Waltham Sti. Parish Rd., Georgetown 2 Wilson Rd. 8 Burnham Rd. 295 Marrett Rd. 16 Chi Ids Rd•., 269 Massachusetts Ave. 185 Lowell St. 4 Chandler St., Salem Treble Cove Rd., Bilieri 31 Hancock St. 17 Curve St. 24 Bedford St. 133 Russell St., Waltham 36 Charles St. 5 Augustus Rd. 46 Munroe Rd. 11 Slocum Rd. 46 Moreland Ave. 193 Bedford St. 1 Francis Rd. 341 Lowell St. 67 Simonds Rd. Firefighter Resident MIT Lincoln Lab. MIT Lincoln Lab. Resident Resident Resident Fire Chief MIT Lincoln Lab. School Dept. ca School Dept. Resident School Dept. School Dept. Custodian Resident Resident Police Cadet Resident Resident Resident Town Emp. Firefighter Resident A report from the Traffic Safety Committee, that had been re- quested by the Board of Selectmen regarding the traffic on School Street was read. The report indicated that the Traffic Safety Commit- tee saw no need for prohibiting parking on one side of School Street as•the area had been surveyed at various times and no unnecessary on - street parking that would impede pedestrian crossing and/or present a traffic hazard had been observed. Regarding the request for cross- ing guards at one of the intersections, the Committee stated that the stationing of one crossing guard would not only be ineffective, but would be impossible to control three intersections at one time. The Police Department has checked the area numerous times for speeding and found that the street presented no problem, therefore, radar enforce- ment during morning and afternoon hours was unnecessary. A work order for the painting of crosswalks at the three locations in question had been issued and as soon as weather conditions permitted the work would be done. it was agreed that a letter from the Board of Selectmen would be sent to Mrs. John W. Steiner outlining the above information in re- ply to her complaint regarding the traffic on School Street. 493 School St. Traffic 494 Girl Scouts Master Works Chorale Select- men's Meeting Executive Session Selectmen's Meeting March 25, 1974 Chairman Kenney read a letter from Mrs. Douglas T. Ross requesting permission for the use of the Battle Green by the Lexington Girl Scout Drum and Bugle Corp to do a five-minute routine after the morning Patriots' Day parade. It was agreed to grant permission with the sug- gestion that Mrs. Ross contact the Celebrations Committee and get definite clearance of time schedule to avoid possible conflict of. performances. An application from Master Works Chorale to hold a concert on Sunday, April 20, 1975 in Cary Hall was discussed. It was agreed that this would be a difficult time because of the Bicentennial Celebrations and Master Works would be requested to.consider having the concert the Sunday before or the Sunday after the 20th: After discussion it was agreed that the Selectmen's Meeting during the week of April 15 would be held on Tuesday, April 16 due to thefact that Patriots' Day was being celebrated on April 15. Upon motion duly made and seconded, it was voted tive Session for the purpose of discussing, deliberati matters which, if made public, might adversely affect security, the financial interests of the Town, or the person. After discussion of matters concerning personnel Town, it was voted to go out of Executive Session. to go into Execu- ng or voting -on the public ' reputation of a and finances of•the Upon motion duly made and seconded, it was voted to adjourn of 12:10 a.m. A true record, Attest: a Assistant Executive Clerk, Sele SELECTMEN'S MEETING April 1, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April I, 1974, at 7:00 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell informed the Board that Mr. McSweeney, Director of Public Works/Engineering, requests authorization to proceed with adver- tising for bids for control panels for the Brook Street Pumping Station. The necessary authorization has been received from E.P.A. to go forward with the revision of the contract. Upon motion duly made and seconded, it was voted to authorize the Director of Public Works/Engineering to advertise for bids for control panels for the Brook Street Pumping Station. Chairman Kenney read a request from the League of Women Voters to set up three stations to collect signatures for legislation to reform the system of financing political campaigns. The requested locations are in front of the Town Office Building, Cary Memorial Library, and at the corner of Marrett Road and Massachusetts Avenue, on Patriot's Day, April 15. Mr. Busa objected to the location in front of the Town Office Building because of the reviewing stand. Upon motion duly made and seconded, it was voted to grant permis- sion to the League of Women Voters to set up stations on April 15, 1974 in two locations: In front of the Cary Memorial Library, and at the corner of Marrett Road and Massachusetts Avenue. Upon motion duly made and seconded, it was voted to have no objec- tion to the Lexington Post No. 3007 -Veterans of Foreing Wars selling Buddy Poppies throughout the Town on April 17, 18 and 19, 1974 Chairman Kenney read the following petition from the Lexington Golf Club for abatement of sewer betterment assessments in amounts of $1,331.41 and $3,061.68. COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. TO THE BOARD OF SELECTMEN OF LEXINGTON PETITION FOR ABATEMENT Respectfully represents your Petitioner, The Lexington Golf Club of the Town of Lexington, County of Middlesex, Massachusetts, and says as follows: 95 Brook St. Pumping Station Bids LWV Petition Stands April 15 VFW Poppies Lexington Golf Club Petition Sewer Assessments 496 Selectmen's Meeting April 1, 1974 1. That it owns the property described on the Town of Lexington's Assessor's roles as follows: Lexington Golf Club 50 Hill Street M 58 LT 27, which property is more particularly set forth on Town of Lexington, Property Maps No. 58 and No. 65 attached hereto and marked Exhibit "A". 2. In the year 1970, the Town of Lexington undertook to lay sewer pipes in Hill Street described as follows: An eight (8") inch sanitary sewer pipe in Hill Street from Diane Lane southwesterly, plus or minus 450 feet. 3. In the year 1973, the Town of Lexington undertook to lay sewer d. pipes in Hill Street described as follows: An eight (8") inch sanitary sewer pipe in Hill Street from Diane Lane, north- easterly, 365 feet. 4. The property of your Petitioner does not benefit from the betterments as constructed by said town; neither does your Petitioner use said betterments or is its land improved by said construction, but said construction does benefit the town at large. 5. Nevertheless, your petitioner has been assessed for the con- struction described in paragraph two hereof under M.G.L.A. c.80, as amended, for betterments in the sum of $1,331.41, and your Petitioner has been assessed for the construction described in paragraph three hereof under M.G.L.A., c. 80, as amended, for betterments in the sum of $3,061.68. WHEREFORE, your Petitioner brings this petition under M.G.L.A., c. 80 S 5, and all amendments relating thereto, and respectfully re- quests that its assessments be abated. Dated at Lexington this 7th day of March, 1974. THE LEXINGTON GOLF CLUB Warren W. Fox Chairman Kenney read a report, dated March 18, 1974, from the Director of Public Works/Engineering „stating that he had reviewed the petition for abatement and could find no reason for abatement of these sewer betterments because the propertyhad been properly assessed ac- cording to our usual standard procedures, as set forth in Chapter 221 of the Acts of 1926 (Betterment Act). Chairman Kenney: At our meeting on December 10, 1973, we voted to grant deferment of payment of $1,331.41 and $3,061.68 for three years, until December 1976, and I see no reason to abate them as the property has been bettered. The Board agreed. Upon motion duly made and seconded, it was voted to deny the peti- tion of the Lexington Golf Club for abatement of sewer betterment assessments on Lot 27, Assessors' Map 58, Hill Street, in the amounts of $1,331,41 and $3,061.68. 497 Selectmen's Meeting April 1, 1974 Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate or Incor- Certificate of poration: Incorporation Charles A. Winchester 57 Hancock Street "Middlesex County Probation Service, Inc." Robert Wilson 8 Revere Street "Lexington Youth Soccer; Inc." Upon motion duly made and seconded, it was voted to approve the Bond bond for Deputy Collector Paul E. Kelley in the amount of $2,500. Chairman Kenney read a recommendation from the Lexington Bicenten- nial Committee to appoint George E. Rowe as Treasurer. Upon motion duly made and seconded, it was voted to appoint George E. Rowe as Treasurer of the Bicentennial Committee. Chairman Kenney read a request from the Lexington Lodge of Elks 2204 to extend the hours on Patriots' Day. Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Lodge of Elks 2204 to extend the hours of operation under their Club Liquor license on Monday, April 15, to 1:00 p.m. to 12:00 Midnight. Mrs. Battin informed the Board that she had received a tele.. phone call regarding a meeting to be held in Senator Atkins' office on April 3, at 1:00 p.m. regarding the impending transfer of the property at Hanscom Field. The Governor's office doesn't want a transfer to the Massachusetts Port Authority without all of us being present. Mr. O'Connell: I believe all the land involved is in Bedford but will check it out. The Air Force operated under a contract and now they would return it to the designated State agency, Massachusetts Port Authority. Mr. Bailey: It Is in the cards that it could take on more of a business front. The point is to keep out the commercial business. Mr. Brown: 1 agree that this is very important. I shall attend the meeting on April 3. Mr. Buse submitted the following Resolution to be presented to Town Meeting for adoption: Appointment Bicentennial Committee Elks Patriots' Day Hanscom Field WHEREAS, The Town of Lexington is the Birthplace of American Crocker Liberty and is proud of its heritage and of its concerned citizens Family who are dedicated to governmental interests and service to humanity; Resolution 498 Selectmen's Meeting April 1, 1974 And WHEREAS, the Crocker Family were concerned citizens of Lexing- ton who were indeed active in governmental service, religious activities, and service organizations; And WHEREAS, the Crocker Family were unable to continue their roles of active service to the community by their untimely demise in an airplane mishap on July 1, 1973. NOW THEREFORE, BE IT RESOLVED that the 1974 Annual Town Meeting of the Town of Lexington honor the Crocker Family's contribution to society by this Resolution and by a permanent family record to be kept in the Cary Memorial Library for future generations, in addition to the tree which will be planted on Buckman Tavern grounds in their memory through the efforts of neighborhood children. Millerd Chandler Crocker 11, Town Meeting Member from Precinct 8,; his wife, Bernice A. Crocker, and their three children, Millerd Chandler Crocker III, Matthew Crocker, and Scott Crocker. 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 o.fa person. After discussion of matters of interest to the Town, it was 'voted to go out of Executive Session. Upon motion duly made and seconded,. it was voted to adjourn at . 7:35 p.m. A true record, Attest: Executive Clerk, Selectmen 1 SELECTMEN'S MEETING April 8, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 8, 1974, at 7:00 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Battin; 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 adopt Amendment 5A of the Rules.and Regulations for Hawkers and Peddlers in the Town of Lexington, which was added because of the change in the parade route on Patriots' Day. Upon motion duly made and seconded, it was voted to adopt the follow- ing amendment to the Rules and Regulations for Hawkers and Peddlers in the Town of Lexington: 5A. No hawker or peddler shall permit or cause a vehicle of any kind to stand, nor shall he attempt to sell, solicit sales or make any sales on Worthen Road from Bedford Street to Kendall Road or on Waltham Street from Massachusetts Avenue to Marrett Road or on Marrett Road from Waltham Street to Massachusetts Avenue at Tower Road, nor within a distance of 200 feet from the streets on which sales are prohibited. Mr. O'Connell informed the Board that he had received certification from Civil Service of two permanent Police Patrolmen, Raymond O'Brien and Robert Bailey. We have requested certification from a new list, which we hope to have soon. Mr. O'Connell informed the Board that Mr. George Smith has accepted his appointment as the Director of Public Health and will report not later than April 29, 1974. Mr. O'Connell informed the Board that he had received the Cherry Sheet figures showing that Lexington can expect to receive an increase of $820,000, which is 6 percent higher than previously estimated. As- sessments are up about $400,000,a 9 percent increase. Assuming nothing happens, we will net about $400,000 and it will better the tax rate by $I.50 to $2.00. Chairman Kenney read a report from the Traffic Safety Committee regarding a radar speed check on Worthen Road and Philip Road, stating that in neither location did 100 vehicles pass during the check, thus leading to the conclusion that traffic volumes in this area are not sufficient to warrant either a definitive speed study or a posted speed 499 Hawkers & Peddlers Amendment Policemen Certifica• tion New Healtl Director Cherry Sheet Traffic Worthen Road Philip Road 500 Resignation Bicenten- nial Committee Trustees of Public Trusts Minutes Permit Bora-Bora, 'Inc. Selectmen's Meeting April 8, 1974 limit. It also should be noted that the 85 -percentile speed, as calcu- lated from available information, is above the 30 mph set forth in the fundamental speed law. This law states that, unless otherwise posted, the speed limit on a roadway is understood to be 30 mph. The 85 - percentile speeds on Worthen Road and Philip Road were 35,6 mph and 31.6 mph, respectively. The Board agreed to send a copy of the Traffic Committee Report to the Minuteman Associates Association and inform them that the Board hada agreed that no further action be taken regarding posting the streets in the area. Chairman Kenney read a letter of resignation from Frederick B. James as a member of the Bicentennial Committee. Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Frederick 8. James as a member of the Bicen- tennial Committee. Chairman Kenney read a request from Medardo Coilina, 7 Ellison Road, for an abatement of his ambulance bill of $55.00, due to hardship. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trust for the sum of $55.00 to be used for payment of the ambulance bill of Medardo Coliina, 7 Ellison Road. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on November 5 and November 12, 1973. Chairman Kenney read a request from the Lexington Youth Baseball League to hold a fund raising day on Saturday, April 20, 1974, from 10:00 a.m. to 3:00 p.m. The Board had no objection to the Lexington Youth Baseball League conducting the fund raising day on April 20, 1974, with the complete understanding that it is to be properly supervised by adults and no soliciting of vehicles at traffic intersections. Chairman Kenney read a request from Bora-Bora, Inc. for an exten- sion of hours, for service of food only under the Common Victualler's license, from 11:30 p.m. to 1:30 a.m. (Present hours are 11:30 a.m.. to 11:30 p.m.) Mr. Busa: 1 don't think we should upgrade the hours at this point. We had the previous problem with the residents in the area when the help gets through at 2:00 a.m. The neighbors had no objection to the closing time of 11:30 p.m. Chairman Kenney: 1 agree. We don't allow the others to operate beyond 11:00 p.m. Obviously, they want to sell food for a longer period but we want to guard against the attraction of having too many people come in to Town for food at that late hour. 501 Selectmen's Meeting April 8, 1974 Upon motion duly made and seconded, it was unanimously voted to deny the request of Bora-Bora, Inc. for an extension of hours to 1:30 a.m. Chairman Kenney read a request from the Sheraton Lexington Motor Sheraton Inn for a piano player in the dining room on Easter Sunday. Lexington The Board had no objection on a one-time request. Motor Inn Chairman Kenney read a request from the Director Of Public Works/ Engineering to sign water abatements for Hanscom Field -$30,556.25; Itek Corporation -.60; Finn A. Hals-$3.00. Chairman Kenney: The abatement for Hanscom Field has been approved by the Comptroller but we should refer it to Town Counsel for his Water recommendation. Abatements The Board agreed. Upon motion duly made and seconded, it was voted to sign abatements for the following water bills; Itek Corporation Finn A. Hals .60 Mistake in addition. $3.00 No 'charge for service. Chairman Kenney read a request from Busa Bros. Liquor, Inc., 131 Massachusetts Avenue, for approval of a change in Manager from Alexander Gusmini to Joseph Busa. Busa Bros. Upon motion duly made and seconded, it was voted to approve the Change in request, and sign the new license, of Busa Bros. Liquor, Inc., 131 Manager Massachusetts Avenue, for a new manager. Mr. Busa abstained. Upon motion duly made and seconded, it was voted to sign the appli- cation for approval of the Alcoholic Beverages Control Commission. Upon motion duly made and seconded, it was voted to approve the Contract request from Mr. McSweeney, Director of Public Works/Engineering, to 73-13-E sign Contract 73 -I3 -E, awarded on March 18, 1974 to Po -Mar Contract- Old Res ing, Inc., 50 Mooney Street, Cambridge, for work on the Old Res Recreation Area, in the amount of $34,606.24. Chairman Kenney informed the Board that there is to be a meeting Hanscom regarding Hanscom Field on Monday, April 15, at the Lincoln Town Hall. Field Mr. Brown: I attended a meeting in Senator Atkins office, and Meeting Representative Cole and Senator MacKenzie were also present. Although there are 800 acres which are reverting to Massachusetts Port Authority, there are 189 acres which are transferred on fees. This means they are declared surplus and "up for grabs." The idea is to declare it surplus and not sell to Massachusetts Port without making it public. You will get a letter which will ask that each Chairman of the Board of Select- men in the Towns either accept membership on a Governor's Task Force or appoint someone a member. 502 Boundary Line Agree- ment (former Russell House) Conserve - tion Articles Greener & Whiter Land Executive Session Selectmen's Meeting April 8, 1974 Chairman Kenney discussed a letter from Town Counsel Cohen regard- ing a boundary line agreement with F. William Smith, owner of the property adjoining Muzzey Junior High School. Mr. Cohen has reviewed" the agreement and found it satisfactory. If the Selectmen and Mr. McSweeney approve, Mr. Smith's lawyer will be advised to obtain his client's signature and send the original to Town Counsel. Mr Brown: Does this go to land court? Mr. Cohen: I do think it does. Mr. Brown: If so, will Mr. Smith pay for it? Mr. Cohen: They will have it recorded. The Board agreed that Mr. Cohen is to proceed. The Board discussed Conservation Commission Articles. Chairman Kenney: We will support them, except on Article 51 on. the Greener and Whiter Trust. If this is deleted, their gross amount would be pretty well within their capital budget of $125,000, and this being a crunch year. This piece of land is landlocked and there is no rush to buy. Next year would be the time to pick up this parcel. Mr. Busa: This land is unbuildable now; it is swamp land. [ Chairman Kenney: How does the Board feel? Mrs. Battin: I will support the Article. Chairman Kenney: Our position will be that a majority of the Board does not support Article 51. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting on such matters which, if made public, might adversely affect the: public security, the financial interests of the town or the reputa- tion of a person. After discussion of matters concerning personal services budget, union, and litigation, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 7:45 p.m. A true.record, Attest: Aje_.„ 22, 1 Executive Clerk, Selectmen, 503. SELECTMEN'S MEETING April 16, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, April 16, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey and Busa, Mrs. Baffin, Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Direc- tor of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Ms. Barbara Rich, Mystic Valley Mental Health Center Association, Inc., Program Director of Adolescent Residence, met with the Board to MVMHC discuss the opening of a residence at 9A Hancock Street for four girls, Adolescent ages 13 to 16, who are unable to live at home. In some cases, their Residence parents are dead or have deserted them, and sometimes their parents are alcoholic or abusive. If it seems workable, one of our goals would be to return the child to her own home with the use of family counseling. For most girls, this will be a long-term residence and the turnover will not be great. I will be there during the day and eventually there will be house parents with two children. Mr. Bailey: Do the house parents have jobs? Ms. Rich: The father is getting his master's degree. Mr. Busa: Are these people under contract? Ms. Rich: By a verbal agreement, they have agreed to do it for a year. Chairman Kenney: Does Mystic Valley sponsor it? Is it funded by the State? Ms. Rich: Yes. There is seed money from the Shaw Foundation and another one, and we would be reimbursed by the kids. Mr. Bailey: When will it open? Ms. Rich: On May 6, we will have open house. Chairman Kenney: Will the children go to local schools? Ms. Rich: Yes but, if needed, they will go to special schools. Chairman Kenney: Are there other resident programs being run in the State? Ms. Rich: Yes, the Department of Family and Children's Services has homes but we hope to create the family atmosphere. Chairman Kenney to Mr. O'Connell: With four children, do you see any necessary requirements or permits. Mr. O'Connell: They have checked this out. I have a question - I understand from Mrs. Welch that there are several planned. Are you planning to have more? Ms. Rich: That Is not clear, we may. Mr. Busa: Are the house parents qualified? Ms. Rich: That is hard to ascertain. We have checked into their references and they seem. good. For this job, it is hard to say as they have never done this type of work before. We are very pleased to have them as it is a very difficult age to work with. 504 .. Selectmen's Meeting April 16, 1974 Mr. Bailey: For my own part, I wish you the very best. It is a wonderful undertaking and I hope it works out. Ms. Rich: Thank you. We are considering Lexington residents at this point. So far, I have only been able to discover two girls that are eligible. If you hear of any, let me know. Chairman Kenney: Are these youngsters referred to you by their parents? Suppose they decide in two or three weeks that they want the children back? Ms. Rich: There are two ways; they come under the State Guidance and they can get the kid back in three days, and the other way is through the court but 1 understand that is very seldom done. Chairman Kenney: Our concern is that the number stay at four children. Ms. Rich: I assure you of that. Chairman Kenney: 1 wish you success and if it does work out, it will be of great benefit to the community. The Board agreed. Ms. Rich thanked the Board and retired from the meeting. Mr. O'Connell asked the Board for comments on the parade held yes April 19 terday. Also, if the Town Celebrations Committee submits comments, there will be a critique for the Bicentennial celebration.. The Board agreed. Water Mr. O'Connell informed the Board that the Town has received $29,560 Pollution from the federal government under water pollution control. The check is Control most welcome. Mr. O'Connell informed the Board that he has received a letter Special from Robert J. Albertazzi, Chairman of the Arlington JayCees, that Olympics Lexington has been chosen to host the Massachusetts Special Olympic Association Track and Field Meet on Saturday, June 22. He recommended that the Board welcome them to Lexington since it is such a worthy endeavor. The Board agreed. Garbage Contract Mr. O'Connell discussed the garbage contract with Mr. Rocketenetz. Mr. McSweeney recommends that it not be renewed until we see the out- come of the Article on solid waste. If the Board concurs, we would like to leave it on that basis. Chairman Kenney: Ordinarily, we have 30 days to award the con- tract and Mr. Rocketenetz is willing to sign an extension. Mr. O'Connell: We expect the Article to be discussed at Town Meeting next week. 5 Selectmen's Meeting April 16, 1974 Attorney Donald E. Legro and Mr. Ronald G. Grammont met with the Board to discuss a request for a sewer connection. Mr. Legro: We are requesting permission to connect to an existing sewer on Nickerson Road. The proposed lateral would run from Nickerson Road to Aaron Road to service lots owned by Ronald G. Grammont and Diana Grammont H. Grammont in the area bounded by Aaron Road, Jean Road and Morgan Road Sewer and, possibly two lots in other ownership on the northerly side of Aaron Request Road. Mr. Grammont had Miller and Nylander prepare a plan and profile of the proposed sewer, to be installed according to town specifications and under the supervision of the Town Engineer, and by a contractor named by the Engineering Department. The plan has been reviewed by the Engineer, as well as by Nylander, and found to be acceptable engineering - wise. Mr. and Mrs. Grammont are prepared to enter into an agreement, give bond for the faithful performance of the agreement, provide insurance in limits adequate to protect the Town, grant the necessary easements and, upon completion or at a specified future time, grant to the Town the utilities so installed. One of the lots was sold to Mr. and Mrs. Arthur and it is hoped that the Arthurs, and whoever else benefits, will contribute to the estimated cost of $18,000. It is proposed that it be installed, in any event, at no cost to the Town and, becauseithere is no cost, that the Selectmen waive any betterments or charges in lieu of betterments. This plan was submitted to the Planning Board without any approval ac- cording to subdivision law. The Board of Appeals granted a variance last June for the owner to construct on the lot. The entire cost will be borne by someone other than the Town and, if at any time a sewer is constructed on Jean Road, the Town will benefit. If granted, justice and law permit waiving of the betterments. The Board agreed to take the matter under advisement, pending a report from the Director of Public Works/Engineering. Mr. Legro and Mr. Grammont retired from the meeting. Chairman Kenney read an invitation from the Concord Board of Se- lectmen for members of the Board to attend the parade on Friday, April Concord 19. Parade Mrs. Battin and Mr. Bailey are to participate in the Concord parade: Chairman Kenney read a request from the Lexington Summer Co-op to Permit hold a Craft Fair. Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Summer Co-op to conduct a Craft Fair on Saturday, May 11, 1974, on the grounds in front of the Visitors' Center. 506 H81321 Local Aid Selectmen's Meeting April 16, 1974 Chairman Kenney read a letter from the Mayor of Malden, Walter J. Kelliher, regarding House Bill 1321 Local -Aid, stating, ".... the major section of the bill that reduces local aid is the Regional School Bonus of 15 percent of the Regional assessment instead of the present 15 percent of Chapter 70. In order to delete the section of the bill that would do away with the present Regional School Bonus, contact your local Representatives and Senators urging them to delete only that section of the bill. The balance of House Bill 1321 provides needed reforms in the Cherry Sheet distribution." The Board agreed to contact our Representatives and Senators and urge them to vote to delete the above portion of H.B. 1321. The Board discussed the recommendation of Mr. O'Connell and Mr..,, Hanscom McSweeney for the abatement of $30,556.25 to the United States Air Field Force as final settlement under the contract for water line construc- Water tion. Town Counsel Cohen and the Comptroller have reviewed the Abatement matter and also recommend the abatement. The following report from Mr. McSweeney, Director of Public Works/ Engineering, supplies the necessary background for his recommendation: UNITED STATES AIR FORCE - L.G. HANSCOM FIELD WATER ABATEMENT "On November 9, 1961 the Town of Lexington and the United States Air Force signed a fifteen year Utility Service Contract for the supply of water to L.G. Hanscom Field. This contract is divided into two parts: Part 1 - Provides for water supply and water line construction payment. This part is for a ten year period. Part 11 - This provides for water supply payment only, and is for a five year period. Part 1 called for the amortizing of approximately $417,000.00 oirer a ten year period. This was the estimated cost of the United States Air Forces's share of water line construction. Each year for ten years the United States Air Force would pay the Town of Lexington approximately $41,700.00. This was accomplished by a surcharge on each one hundred cubic feet of water used by the United States Air Force. I have included a rate schedule on an attached sheet showing how this was done. At the: end of the ten year period the amortization will be adjusted to reflect the true cost of the water line construction. Part I of this contract went into effect on the first day of Decem- ber, 1962. During the ten years of this contract minor abatements were made to adjust for the reduced rate system in this contract. On the eighth day of January, 1971.a letter was sent to the Board of Selectmen from Mr. Clement Dolan, Contracting Officer of the United States Air Force requesting a review of the water line construction costs. 507 Selectmen's Meeting April 16, 1974 On the twelfth day of January, 1971 a letter was sent by the Board to Mr. Dolan informing him that I had started a review of the water line construction costs. Due to the time that had elapsed since the actual payments had been made, (seven years) and the changes in personnel, (Town of Lexington) facts and charges were very hard to ascertain. Much of the material was found in the Town Archives after many hours of searching. Other records came from the Comptrollers Office, Town Counsel, Selectmens Meeting Files, and Public Works/Engineering Department Records. With these records assembled I compiled a true cost breakdown of the total water line construction. I have included this breakdown on an attached sheet. In May, 1972 Mr. Dolan and I had a meeting to review these costs. At that time photostats were made of all pertinent documents and a re- view started by the United States Air Force. It was not until October, 1972 that another meeting was held. At this meeting the United States Air Force presented their review, and after explanation to certain charges it was mutually agreed that the price I had submitted in May, 1972 was a correct total price for water line construction. As you can see the actual cost is considerably lower than the esti- mated cost. With this in mind, Mr. Dolan requested that the Town of Lexington do a review of the Water Billing Account from the first day of December, 1962 to the thirtieth day of November, 1972. He also stated that the United States Air Force Finance Section would also do a review and that when completed would notify my office. During the period October, 1972, until October, 1973 several meet- ings were held in my office and at L.G. Hanscom Field. Personnel working on this review for the Town of Lexington from my office stayed constant during this period, whereas personnel reviewing this for the United States Air Force did not. In June, 1973 Mr. Dolan retired from the United States Air Force after a serious illness. Due to the closing of the Air Facilities at L.G. Hanscom Field, several members of the finance section were transferred. On the ninth day of October, 1973 the United States Air Force sub- mitted the results of their review to the Town of Lexington for comment. At this time it was noted that several items previously agreed upon were not included in this review. Scott Hawthorne, Captain, United States Air Force who had submitted the review for the United States Air Force was contacted on the nineteenth day of October, 1973. A meeting was held in my office the fifth day of November, 1973 with Captain Hawthorne in attend- ance. At this time Captain Hawthorne was informed that the United States Air Force had not paid for water supplied to them from September 1, 1972 to September 1, 1973 and that the Town of Lexington's records indicated that an abatement would not exceed the amount owed. Captain Hawthorne agreed to keep the water charges paid for all monthly billings retroactive to October 1, 1973, and to personally expedite this review. Two more meetings were held and on February 12, 1974 it was mutually agreed that Selectmen's Meeting April 16, 1974 the United States Air Force was entitled to an abatement in the amount of $30,556.25 for overpayment of their share of water line construc- tion costs. It was also mutually agreed that with this abatement applied to the unpaid balance the United States Air Force would owe the Town of Lexington $18,778.32. With all in mutual agreement Captain Hawthorne submitted these facts to the Auditor Generals Office for pey-- ment On March 21, 1974 the Town of Lexington received a check in the amount of $18,778.32 from the United States Air Force. 1 now request the Board of Selectmen to grant an abatement in the amount of $30,556.25 so that this matter may be concluded and the United States Air Force water billing accounts be brought up to a current billing status."' John J. McSweeney Director RATE SCHEDULE Part 1 of this Rate Schedule is applicable to water delivered under this contract during the ten (10) year period commencing on the first day of December, 1962, which is the date of the first day of the month follow- ing delivery of water through the new facility. Part 11 of this Rate Schedule is applicable to water delivered under this contract during the remaining five (5) years of the contract period. PART 1 Rate per 100 cubic feet up to but not $0.3864 exceeding 20,053,500 cubic feet annually Rate per 100 cubic feet in excess of 20,053,500 cubic feet annually up to but not exceeding 26,700,000 cubic feet annually $0.2864 Rate per 100 cubic feet in excess of $0.13 26,700,000 cubic feet annually .01564 per 100 cubic feet (waterline construction cost amortization) 200535 x .1564 = $31,336.67 26,700,000 -20,053,500 6,646,500 C.F. 66465 x .1564 = $10,395.13 $41,731.80 Per Year $41,731.80 x 10 Years = $417,318.00 U.S.A.F. estimated share of waterline construction. 509 Selectmen's Meeting April 16, 1974 PART II Rate per 100 cubic feet up to but not exceeding 20,053,500 cubic feet annually $0.23 Rate per 100 cubic feet in excess $0.13 of 20,053,500 cubic feet annually UTILITY SERVICE CONTRACT - CONTRACT NO. AF 19 (628) - 700 Lexington Cost U.S.A.F. Share Lexington Share M.D.C. 36" Line from Arlington, Lexington Town Line to Watertown St. $ 62,668.52 $ 16,293.68 "(26%) $ 46,374.84 (74%) M.D.C. 36" Line from Watertown St. to Waltham St. via Concord Ave. $279,268.65 $130,977.16 (46.9%) 148,291.49 (53.1%) Lexington 24" Line from $424,480.91 Waltham St. to Mass. Ave. * 409,354.91 $191,987.50 (46.9%) 232,493.41 (53.1%) *$15,126.00 non charge items $766,418.08 $339,258.34 $427,159.74 Participant: M.O.C., City of Waltham, Town of Lexington and US.A.F. M.D.C. 36" Line from Arlington Town Line to Watertown St. $85,847.00 Total Cost (M.D.C.) $85,847.00 x 73% = $62,668.52 Town of Lexington's Share $62,668.52 x 26% = $16,293.68 U.S.A.F. Share Participants: M.D.C., City of Waltham, Town of Lexington and U.S.A.F. M.D.C. 36" Line from Watertown St. to Waltham St. via Concord Ave. $485,685.00 Total Cost (M.D.C.) $485,685.00 x 57.5% _ S279,268.65 Town of Lexington's Share $279,268.65 x 46.9% = $130,977.16 U.S.A.F. Share Participants: Town of Lexington, U.S.A.F. 24" Water Contract from Concord Ave. to Jean Rd. via Waltham St. and Prospect Hill Rd. 510 Minutes Cert. of 1ncorp. Selectmen's Meeting April 16, 1974 $ 2,000.00 1,395.00 387,068.49 34,017.42 $424,480.91 15,126.00 $409,354.91 Water Study W & H Easements & Damages Const. Cost Engineering Total Cost Non Charge Item - U.S.A.F. (Hydrants, etc.) Total All Cost $409,354.91 x 46.9% = $191,987.50 U.S.A.F. Shares AC -37-166 $30,324.56 9,393.89 $20,930.67 $20,930.67 9.625.58 $30,556.25 ABATEMENT Total Arrears Current Billing Abatement - AC37-166 AC -37-375 - TOTAL ABATEMENT Upon motion duly made ing water abatement: #C-37-375 and seconded, it was voted to Air Base Hanscom Field, Bedford, Air Base Hanscom Field, Bedford, $11,517.79 1,892.21 $ 9,625.58 sign the follow - Mass. $20,930.67 Overcharge Mass. 9,625.58 water line $30,556.25 of share of construction Upon motion duly made and seconded, it was voted to approve the min- utes of the Selectmen's meetings of November 12, 1973 (Executive); November 19, 1973 November 26, 1973 Upon motion duly made and seconded, it was voted to certify the_ character of the following who have applied for Certificate of Incorpor= ation, and to approve the location at 1912 Massachusetts Avenue, Lexing- ton, as a mail drop only: Phyllis Ruth Nygard Patricia Ann Wood Arlene Adams Manning Janice M. Aldrich 1 15 20 39 "Fish of Lexington, Skyview Road Columbus Street Spring Street York Street 1nc.n Drug Mrs. Battin gave a report on the Drug Advisory Committee. Advisory Dr. Monderer, Dr. Ellicott, Mr. McManus, Mr. Perlman andel met on Committee April 3, We did review a statement from the Youth Advisory Commission Selectmen's Meeting April 16, 1974 on a proposal for establishing a system of temporary shelters for poten- tial runaways and decided we couldn't approve it because of insufficient supporting information. Mr. McManus will go to Concord and Mr. Perlman to Arlington to explore how similar programs are operating there. They will report at our next meeting, April 24 at 5:30 p.m. We will then write out what we think a proposal for a temporary shelter program should contain including answers to questions regarding assessment of need, sponsorship, structure of organization, staff operating procedures, record keeping, safeguards for child -parents -host family, screening pro- cedures, responsibility for support services, method of making placements and obtaining parental permission, etc. We will return our suggestions to the Youth Advisory Committee stating that we cannot make a recommenda- tion on any proposal until the questions listed above have been answered. Chairman Kenney: After that, you will be in a position to recom- mend to the Selectmen? Mrs. Battin: Yes, right now we couldn't. Chairman Kenney: Any new proposal that involves youth would go to your Counselor? Mr. Buse: I would advise that before they go any further it should be referred back to the Youth Advisory Committee. Their meet- ing, held in March, was not a formal meeting and the record was not kept as the secretary was not there. It should be referred back and have the input of the complete Youth Advisory Committee. Mrs. Battin: We just had a statement from them. Mr. Busa: If it was a statement, it was of a person and not as a vote. Mrs. Battin: If it should be returned to the person, we will do so. A good many questions were raised. Mr. Busa: We have questions also. The full committee was never invited to discuss it. Chairman Kenney to Mrs. Battin: At this stage, rather than have your committee do any work on it, send the statement back. Mrs. Battin: We will follow that procedure. Chairman Kenney read a report from Mr. Briggs, Planning Director, regarding Article 102 -Wetlands Rezoning, stating that "the rezoning article is a citizens article (102), with the intent of putting a portion of Tophet Swamp in the Wetland Protection District. This would include the properties of the Campanelli Company. However, they are exempt from all restrictions of the proposed zoning change, because the Planning Board has approved a definitive subdivision plan for the Campanelli properties on February 2, 1973. Under Chapter 40A, Section 7, any parcel of land that has an approved definitive plan, prior to rezoning, has a seven year vari- ance from complying with the new zones regulations. In other words the Campanella properties are only subject to the existing C.M. (Manufacturing and Research Park) zoning regulations for the next seven years. 5 Article 102 Wetlands 512 Selectmen's Meeting April 16, 1974 have talked with Mr. Wilcox and informed him of his rights, regarding this subject." Chairman Kenney: We have received similar letters from Tennes- see Gas and Boston Edison, and we have given them this information. Chairman Kenney: Does any member of the Board want to support Article 102? Mr. Bailey, Mr. Busa, and Chairman Kenney agreed not to support Article 102. Mrs, Battin: I will let you know. The Board discussed a request from Dr. Mosely of the Bowman Bowman School Playground Committee for the use of Cary Hall on Saturday School May 18, for a benefit concert to raise funds to purchase playground Cary Hall equipment. The Board agreed to grant permission for the concert, with no fee for Cary Hall, but the applicant is to pay for the custodian, Policeman, and Fireman on duty. Mr. O'Connell discussed ambulance fees and recommended, in the interests of the taxpayers, that the fees be increased. The current rates are: Symmes Hospital -$I0.00; Boston Hospitals and Mt. Auburn, Cambridge -$12.00; Waltham, Emerson and Choate -$7.00 base plus 350 per mile, round trip to the nearest dollar. Emerson represents $14.00 to $15.00 charge. Present rates yield about $8,000 per year. Typical private ambulance rates are: Symmes Hospital-, $40.00 plus $I/mile, one way, approximately $45.00; to Boston Hos- pitals -$40.00 plus $I/mile, one way, approximately $55.00. The reasons for the recommended increase are: 1. Riding costs, 2. Although several nearby towns make no charge, there service is,. mostly limited to service to a hospital within that community. Where an out-of-town run applies (such as Concord) the fee charged is more than Lexington's. 3. Several towns are considering the addition of a charge or an increase in the present fee. 4. Too wide a differ- ence between aur emergency service fee and the private fee, increases the pressure for a broader interpretation of what is an emergency. 5. Where the patient has some form of medical insurance, the fee is recoverable. 6. We are receiving some taxpayer comment. Upon motion duly made and seconded, it was voted that, effective May 1, 1974, the following schedule of fees will apply for emergency.; ambulance service: To Symmes Hospital, Arlington $15.00 To Waltham General, Emerson -Concord or Choate -Woburn $17.00 To Boston Hospitals and Mt. Auburn Hospital, Cambridge $25.00 Selectmen's Meeting April 16, 1974 The Board discussed the proposal of the State Department of Public Works and the engineering firm of Tippetts, Abbott, McCarthy, and Stratton concerning the widening of Bedford Street. The Board agreed to set up a meeting on May 6 and invite all abutters on Bedford Street, the Planning Board, State DPW representa- tives, and TAMS representatives. 5.13 Bedford Street Mr. O'Connell asked the Board to approve the request to the Ap- propriation Committee for a transfer of $1,517.27 to Account 5700 - Sewer Maintenance. As you recall, the Appropriation Committee asked Transfer us to submit bills on a monthly basis, and we have current unpaid Account bills to Hammond Paint and Chemical Co.; New England Telephone and 5700 Systematic Manufacturing for repairing alarm systems at all sewer pumping stations; Boston Edison Co. for electrical power. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account 5700 -Sewer Maintenance in the amount of $1,517.27: 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, and cleaning of brooks, it was voted to go out of Executive Sesssion. Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m. A true record, Attest: Executive Clerk, Selectmen Executive Session 514 Jurors SELECTMEN'S MEETING April 22, 1974 A regular meeting of the Board of Meeting Room, Town Office Building, on Chairman Kenney, Messrs. Bailey, Buse, Town Manager; Mr. Cohen, Town Counsel; Engineering; Mrs. McCurdy, Executive C Selectmen was held in the Selectmen's Monday April 22, 1974 at 7:00 p.m. Brown, and Mrs. Battin; Mr. O'Connell, Mr. McSweeney, Director of Public Works/ lerk, were present. At the request of the Town Clerk, five jurors were drawn as Dorothy Chapman Rosine Patterson Robert T. Brown Charles B. Scribner, Jr. Natalie A. Johnson 6 Patriots Drive 21 Blossom Street 34 Middleby Road 10 Robbins Road 21 Captain Parker Arms fol Tows`: Mr. Louis A. Zehner, Town Treasurer, met with the Board to request ap- proval pproval of borrowing $1,500,000. Bids have been received, and it is recom- mended that we borrow $500,000 from the Harvard Trust Co. at 3.85%; $400,000 Treas. from the Harvard Trust Co. at 3.90%; $600,000 from the Middlesex Bank at 3.90%. There will be three notes to sign, dated May 1, 1974 and due on June 4, 1974. Upon motion duly made and seconded, it was voted to award the contract to the following banks for tax anticipation loans, and to sign the notes dated May 1, 1974 and maturing on June 4, 1974: Harvard Trust Co. Harvard Trust Co. Middlesex Bank $500,000 $400,000 $600,000 3.85% 3.90% 3.90% (one note) (one note) (one note) Mr. O'Connell informed the Board that only one bid had been received Police on Police cruisers. Rowe Chevrolet bid $19,895, a base bid for six Cruiser cruisers and one unmarked car. The estimated total is $21,000, after de- Bid cats and other costs are incurred. It is recommended that the bid be awarded to Rowe Chevrolet as it is a good, competitive bid. Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Town Manager to award the contract to Rowe Chevrolet for the purchase of six cruisers and one unmarked car, at a base figure of $19,895. Tax Rate Mr. O'Connell informed the Board that he and Mr. Wenham, Assistant Assessor, are to have an informal meeting with the State Tax Commission on Thursday, April 25, to discuss new, equalized evaluations issued by the Tax Commission. If the Town feels that these figures are not equitable, we have until June 1 to file with the Appelate Tax Board for abatement. 1 1 1 Selectmen's Meeting April 22, 1974 Chairman Kenney read a recommendation from the Planning Board for appointments to SILC. Upon motion duly made and seconded, it was voted to accept the recommendation of the Nanning Board to appoint Paul J. MacKenzie and re -appoint Thomas F. Costello as representatives to the Suburban intertown Liaison Committee for a term of office from May 1, 1974 to April 30, 1975 SILC Upon motion duly made and seconded, it was Voted to approve the Bond bond for Walter C. O'Connell, Town Manager, in the amount of $50,000. Upon motion duly made and seconded, it was voted to approve the request of Chief Corr to appoint the following as Special Police Officers: John E. Barnes, M.I.T. Lincoln Laboratory and Paul Mazerall, Lexington Department of Public Works. Special Policemen Chairman Kenney read a request from the Lexington Youth Baseball Parade League to conduct a parade on Saturday. Permit Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Youth Baseball League to conduct a parade on Saturday, April 27, 1974, and to request the Police and Fire Departments to cooperate with them. Chairman Kenney read a letter from Mr. and Mrs. Lawrence Karp, 12 Bryant Road, stating, "we wish to direct your attention to the situation regarding youth recreational groups using town lands and en- gaging in discriminatory practices. Our daughter, age 9, attempted to register for the AAA Baseball League. There are no try -outs for AAA and Linda was rejected solely on the basis of sex. The League Direc- tor said that AAA is for boys only and no girls will be allowed in. We feel that, since public lands are used by these groups, either separate recreational opportunities must be equalized for boys and girls at the same age levels, or integration take place. The parti- cular case regarding our daughter has a happy ending; the Softball League has bent its rule to allow her to play. This departure is to be regarded, as we were told by the Director, as strictly exceptional and not precedential. Thank you for your attention to this matter." Mr. Bailey: If I understand it correctly, it has nothing to do with discrimination. They are complaining about an organized group for 9 year old boys; these people are volunteers and unpaid. Anyone who wants may organize a group for 9 year old girls, and we would agree wholeheartedly. Mr. Buse: 1 concur. If they want to form a league and have it integrated, that's fine. Mrs. Karp was present and said that the League is concerned about insurance and we offered to relieve them of any liability, but they did not feel this would be adequate. They have denied a nine year old girl. Girls Baseball 516 Selectmen's Meeting April 22, 1974 Mr. Buse: Would you be willing to organize a league for girls? Mrs. Karp: No. Mr. Brown: I disagree with the concept that you have to separate boy and girl. Sex has nothing to do with baseball and if a girl can play as well as a boy, she should be able to do it. There are some sports in which they are not able to compete but, in any sport, it has nothing,to, do with separating on equal opportunity, but to play on a team irrespective of a sex. Mrs. Battin: I agree. It is hard for parents to organize a new league for just a few girls, as not many 9 year old girls want to play. Chairman Kenney: I don't think it is anything the Selectmen ought to get involved in. Mr. Bailey: Mrs. Karp's only argument is they are using public land. Mrs. Battin: No. She went to them and they said her daughter couldn't play. There is a case in New Jersey on this. Mr. Cohen: Triple A is a private organization. Chairman Kenney: Is it the consensus that this is a private matter? Mrs. Battin: Could we say there is a dearth of opportunity? Mr. Brown: I agree it is a private matter but ... Mr. O'Connell: The Board might wish to refer this matter to the. Recreation Committee. The Board agreed that Mr O'Connell is to discuss with the Recreation Committee Mrs. Karp's claim of the discriminatory practice of the use of Town -owned land by youth groups. Upon motion duly made and seconded, it was voted to approve the min - Minutes utes of the Selectmen's Meeting held on December 3, 1973. Annual The Board discussed annual appointments. Appoint- Upon motion duly made and seconded, it was voted to appoint the ments following: Exp. Boards and Committees Name Term Date Board of Appeals George P. Wadsworth 5 Yrs. 34.3j-79 Board of Appeals Logan Clarke, Jr. 1 Yr. 3-31-75 (Associate Member) Haskell W. Redd 1 Yr. 3-31-75 Irving H. Mabee 1 Yr. 3-31-75 Robert Cataldo 1 Yr. 3-31-75 Robert M. Gary 1 Yr. 3-31-75 Thomas G. Taylor 1 Yr. 3-31-75 Town Celebrations Committee Raymond B. Barnes, Ch. 3 Yrs 4-30-77 William P. Fitzgerald 3 Yrs. 4-30-77 Ralph V. Lord 3 Yrs. 4-30-77. Selectmen's Meeting April 22, 1974 Boards and Committees Historic District Commission Arts and Crafts Society Historic Districts Commission Associate Members Arts & Crafts Society Historical Society Standing Plumbing & Building By -Law Committee Gammell Legacy Income Trustee Bridge Charitable Fund Trustee of Public Trusts Fence Viewers Registrars of Voters Executive Clerk Drug Advisory Committee Drug Counselor Street and Sidewalk Advisory Committee Advisory Committee on Cable Television Advisory Personnel Board Name S. Lawrence Whipple Mrs. Ruth Adams Amy Samoylenko George E. Bullock James E. Collins William R. McEwen William R. McEwen Rev. Harold T. Handley Louis A. Zehner George E. Williams (D) Edward J. Belliveau (R) Eleanor M. McCurdy Margery M. Battin Sumner E. Perlman Jack H. Monderer Charles E. Ellicott Irving H. Mabee Charles L. McManus Paul J. Nicholson Albert P. Zabin Paul C. Sidman John B. Butler W. Neil Chapman Nicholas A. LaFauci William F. McGonagle Exp. Term Date 5 Yrs. 1-1-79 5 Yrs. 1-1-79 5 Yrs. 1-1-79 3 Yrs. 4-30-77 1 Yr. 3-31-75 3 Yrs. 3-31-77 6 Yrs. 3-31-80 1 Yr. 3-31-75 1 Yr. 3-31-75 to 3-31-76 3 Yrs. 3-31-77 1 Yr. 3-31-65 1 Yr. 3-31-75 1 Yr. 3-31-75 1 Yr. 3-31-75 1 Yr. 3-31-75 1 Yr. 3-31-75 1 Yr. 3-31-75 1 Yr. 3-31-75 3 Yrs. 3 Yrs. 2 Yrs. 2 Yrs. 1 Yr. 3-31-77 3-31-77 3-31-76 3-31-76 3-31-75 51S Taxi Licenses S. 644 - Building Inspector's Salary Executive Session Selecmen's Meeting April 22, 1974 Chairman Kenney informed the Board that the expiration date of the taxi licenses is May 1 and we have had application for renewal. Upon motion duly made and seconded, it was voted to table the ap- plication for renewal of taxi licenses pending a meeting with Mr. Zimmerman on April 29. Chairman Kenney read a letter from Senator Francis W. Hatch re- questing that the Board take a position in opposition to Senate Bill 644 "which sets a terrible precedent and is bound to have an adverse effect ' on your tax rate as it would mandate a minimum wage for all local build- ing inspectors tied to the average prevailing base rate of the five ' highest paid trades in the construction industry, as determined by.the Department of Labor and Industries. Current department figures relayed by the Public Service Committee indicate something like $IO an hour..." After discussion, the Board voted to take a position of opposition to Senate Bill 644. It was agreed to write to Senator Hatch that the Selectmen join him in opposition to the bill as it is a flagrant violation of Home Rule. Additionally, whenever the Legislature mandates to set salaries for some of the Town employees, it causes great problems within the internal per- sonnel system. Our elected Senators and Representatives are to be in- formed of the Board's position. Upon motion duly made and seconded, it was tive Session for the purpose of discussing, del matters which, if made public, might adversely security, the financial interests of the Town, person. After discussion of taxi licenses and ice it was voted to go out of Executive Session. Upon motion duly made and seconded, it was 8:50 p.m. A true record, Attest: voted to go into Execu- iberating or voting on affect the public or the reputation of a cream vending trucks, voted to adjourn at )27 Executive Clerk, Selectmen SELECTMEN'S MEETING April 29, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 29, 1974, at 7:00 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, Mrs. Battin; 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 glaucoma clinic which had been scheduled as of last year for May 1, 1974 in Cary Hall. Because of Town Meeting, it has been recommended that the Lions Club use Estabrook Hall. 'Chairman Kenney: The Lions Club claims that this is not satisfac- tory. It was agreed that Mr. O'Connell is to talk with a member of the Lions Club. Mr. O'Connell informed the Board that the 6 -months tax bills are being mailed out and they will be payable within 30 days of the mailing date. The Board again discussed the request from the Sisterhood of Temple Isaiah and it was agreed to inform their lawyer that we have received further inquiry concerning the request of the Sisterhood to conduct a selling activity on Sunday, May 19, at the parking area of the Stop and Shop supermarket located at Bedford Street and Worthen Road. The acti- vity has been described in previous communications as a flea market, garage sale, and fair. We will attach a copy of the Lexington Town policy covering garage and yard sales; a private sale does not require a permit from the Board of Selectmen. We will advise the attorney to inform those planning this sales activity, as well as the property owner, that conducting a garage or yard sale on Sunday would be contrary to this policy. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for thecpurpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public secu- rity, the financial interest of the Town, or the reputation of a person. After discussion of the renewal of taxi licenses, it was voted to go out of Executive Session and resume the open meeting. At 7:30 p.m., Chairman Kenney declared the hearing open on the peti- tion of the New England Telephone Company for the installation of conduit and manholes on Massachusetts Avenue, Rhodes Street and Forest Street. Notices of the hearing had been sent to abutters, as shown on a plan submitted by the petitioner, and filed with the Director of Public Works. 5 I 9 Glaucoma Clinic Tax Bills Temple Isaiah Sisterhood Request Executive Session NET&T Conduit Manholes 520 Selectmen's Meeting April 29, 1974 Mr. Leonard Scott, representing the Telephone Company, was present and explained that the work is being done for the American Telephone and Telegraph Company and there are repeater manholes. There will not be any work done on them for 5 to 10 years and they will lay dormant. Chairman Kenney read a recommendation from Mr. Coscia, D.P.W. Manager, that permission be granted. The New England Telephone Company is proposing the addition of repeater manholes and conduit work for the American Telephone and Telegraph Company at various locations in Massa chusetts Avenue, Rhodes Street, and Forest Street. The purpose of this work is to install hardened cable in order to upgrade the system for special toll and government circuits from Littleton to Boston. The con- struction permit will not be issued until after the April 19 celebration. Mr. John Frey, 1133 Massachusetts Avenue, was present as an abutter and asked if the installations were to be in the paved way or on private property? Mr. Scott: They will be located in the sidewalk or in the payed way. None will go on private property. When our contractors are there, they will take great care not to disturb any plantings on private property. No one in the audience wishing to speak in favor or in opposition, 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 installation of con- duit and manholes in the following locations, subject to the following 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. Massachusetts Avenue: In front of #2127, approximately' 110' feet of underground conduit, westerly, from manhole 54/82, also, one (1) manhole 54/82A. Massachusetts Avenue: From in front of Robbins Cemetery, westerly, approximately 30' feet of underground conduit, from manhole 54/51; also, one (1) manhole 54/51A. Massachusetts Avenue: From MH 54/20, easterly approximately 140' feet of underground conduit. Rhodes Street: From Massachusetts Avenue, northeasterly appooxi- mately 25' feet of underground.cnddit, also, one (1) manhole 54/20A. Massachusetts Avenue: Opposite Wood Street, from MH 54/88A, approxi- mately 35' feet of underground conduit, also one (1) manhole 54/880. Forest Street: From MH 54/76, junction of Clarke, Street, easterly, approximately 20' feet of underground conduit, also, one (1) manhole 54/76A. Selectmen's Meeting April 29, 1974 Chairman Kenney read a request from the Lexington Taut Co., Inc. and 81 Woburn Street Corporation d.b.a. Minuteman Cab Co. for renewal of their taxi licenses. A'di?ssussion had been held in Executive Session with Mr. Richard Zimmerman, owner of the cab companies, and it was the decision of the Board that these licenses would be granted on a provisional basis with the clear understanding that he is to comply strictly with the rules and regulations for taxicabs in the Town of Lexington. Additionally, the Board will re- quest Chief Corr to keep a constant check on the taxicabs in the Depot Square area, especially those parked in the Meriam Street Parking Lot, and to submit a report of any violations to the Board. Upon motion duly made and seconded, it was voted to issue temporary licenses for a period of 60 days, expiring June 30, 1974, for the follow- ing taxicabs. 81 Woburn Street Corporation Lexington Taxi Co., Inc. d/b/a, : Minuteman Cab Co. Registration No. 452 453 471 1051 1052 5349 5354 5356 Registration No. 470 472 483 485 486 1053 1054 5352 Upon motion duly made and seconded, it was voted to table the letter from Roland B. Greeley, President of the Historical Society, regarding the request from the Outlook Club ladies to serve afternoon snacks on the Buckman Tavern grounds during July and August. Chairman Kenney read a letter of resignation from Royston T. Daley. Resigna- Upon motion duly made and seconded, it was voted to accept, with re- tion gret, the resignation of Royston T. Daley as an Associate Member of the Bistortc Historic Districts Commission, representing the Cary Memorial Library Districts Trustees. Comm. Upon motion duly made and seconded, it was voted to table the minutes Minutes of the Selectmen's meeting held on December 10, 1973. Upon motion duly made and seconded, it was voted to adjourn at 7:40 p.m. A true record, Attest: 524 Taxi Licenses Outlook Club Executive Clerk, Selectme 522 SPECIAL SELECTMEN'S MEETING May 2, 1974 A special meeting of the Board of Selectmen was held in the SeJe'ct men's Meeting Room, Town Office Building, on Thursday, May 2, 19.74'",La.t 7:15 p.m. Chairman Kenney, Messrs. Bailey, Busa and Mrs. Battin; Mr:: :_. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works/Engineer- ing; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell recommended that the practice of purchasing individual wreaths for veterans' graves on Memorial Day be discontinued. At the,end Veterans' of the day, the wreaths are withered and it is felt that one large .,r ath- Memorial could be placed at the Veterans' Memorial in front of Cary Hall and to Wreaths have a small ceremony as part of the observance of the day. We would con- tinue the practice of purchasing wreaths for the Girl Scouts and indivi dual flags for the graves. Mrs. Glennon, Veterans' Agent, will notify the Veterans' organizations. Chairman Kenney: I would point out that individual wreaths cost over $350 and very few towns have both wreaths and flags. Outlook Club Buckman Tavern Upon motion duly made and seconded, it was voted to -approve the recom- mendation of the Town Manager to discontinue the practice of purchasing individual wreaths for veterans' graves on Memorial Day. Mr. O'Connell discussed the request from the Outlook Club for members to serve refreshments on the Buckman Tavern lawn. The ladies would like. to serve fruit punch on two afternoons a week from 2 to 4 p.m. during July and August. They would bring the prepared punch and have one serving table located near the sidewalk area on the Visitors' Center side. It is recom- mended that the request be approved on a trial period, with the unders t tid- ing that there would be no litter. Upon motion duly made and seconded, it was voted to approve the request of the Outlook Club for ladies in Historic costume to serve refreshments on the Buckman Tavern grounds on two days a week during July and August from 2 to 4 p.m. Mr. O'Connell informed the Board of the request from Chief Corrr.£br a transfer to Police Department Expense Account 3800 in the amount .of..$L7j000. Transfer We estimated in 1973 that it would be for $10,000 but we had to wait until Police we saw what the expenditures would be. There is a balance of $300 in the Department account. The main problem is the increased price of gasoline and oil, and the telephone bill is running over the budget. It cost $2,460 more than the budgeted figure for the purchase of automobiles, which is a bid item. Upon motion duly made and seconded, it was voted to request the Appro- priation Committee to approve the request for a transfer of $17,000 to Police Department Expense Account 3800. Special Selectmen's Meeting May 2, 1974 6'2 The Board discussed the request of Temple Isaiah and it was agreed Temple that a "flea market" and fair would be conducted on their grounds on Isaiah May 19, 1974 Upon motion duly made and seconded, it was voted to adjourn at 7:52 p.m. A true record, Attest: Executive Clerk, Selectmen 524 SELECTMEN'S MEETING May 6, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 6, 1974 at 7:00 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell informed the Board that bids have been received on con- trol system revisions for the Brook Street Pumping Station: Hall Pump Contract Sales & Service Corporation, Stoneham, $43,202; Jackson Rand Corporation, Brook St. Framingham, $44,200. Whitman & Howard reviewed the two bids and recom- Pumping mended that the contract be awarded to the low bidder. The bid prices Station were somewhat higher than earlier anticipated but this is due to cost in- creases in electrical supplies and higher wage rates for electricians. Mr. Bailey: Where would the money come from? Mr. O'Connell: It comes out of the contract, which is subject to litigation. The Town ends up owning the present controls. Mr. Brown: There is no guarantee that we get this money back eventually? Mr. O'Connell: I would assume so, after litigation. The Board also asked for, and Town Meeting approved, funds under Article 12 of the 1973 Annual Town Meeting. Upon motion duly made and seconded, it was voted to award the con- tract to Hall Pump Sales & Service Corporation for control system revi- sions for the Brook Street Pumping Station in the amount of $43,202. Mr. O'Connell said that it is within the Town Manager's authority Life and he would like to review the Town employees' life and accidental death Insurance insurance policy with the Arlington Trust Company. The Board had no objection Health Mr. O'Connell advised the Board that the new Health Director, George Director Smith, reported for work today and arrangements will be made to introduce him to Board Members. Mr. O'Connell discussed the bid from Stanley Rokentenetz, Inc. on the Garbage garbage contract. It was bid on a one year, two year, and three year.basis Contract and we have a deadline of May 15 to award the contract. The Board agreed that it would not want to sign the contract for more than two years but to await the outcome of tonight's Town Meeting when the Article on trash collection comes up for reconsideration. Wyman Chairman Kenney read a recommendation from the Director of Public Works/ Road Engineering that the Board vote an intent to take temporary construction Sewer easement on the Portnoy land with an award of no damages. This is in con - Easement nection with the Wyman Road sewer construction. 1 Selectmen's Meeting May 6, 1974 Upon motion duly made and seconded, it was voted an intent to take a 10 foot wide temporary construction easement on the land owned by Stephen L. and Esther Portnoy, 18 Wyman Road, with an award of no damages. Authority is contained in Article 22 of the 1973 Annual Town Meeting Warrant. Town Counsel was requested to prepare the necessary papers. Chairman Kenney read a request from the Director of Public Works/Engi- neering for approval of the extension of the sewer system to the home of Mr. Lucidino Burri, 14 Holland Street. Holland Street is now being con- structed by Starrett Paving Corporation under Contract #73-6-E; presently, the contractcalls for a dry sewer under the area to be paved and running part way through the easement between Holland Street and Mohawk Drive. In view of the public healthnuisance due to an overflowing cesspool it is recommended that the sewer be continued through the easement to Mohawk Drive under an extra work order. We estimate the cost of this work to be less than $7,500 and would involve approximately a 250 -foot extension of the main; funds are available under the original appropriations for work under this contract. Mr. McSweeney: When we put in the street, we were going to put in a dry sewer but now this would ultimately serve three homes, and it is the practical thing to do. There will be a drain installed also. Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Director of Public Works/Engineering for an extension of the Town sewer system to service the home of Mr. Lucidino Burri, 14 Holland Street. Chairman Kenney read a letter from the Board of Appeals stating that a hearing had been held and the application denied for Antonio and Lucy DeVito to build a home on lot 80 Valleyfield Street. Under the circum- stances, it is felt that the Town should abate and refund to the DeVitos all monies paid for sewer and/or water betterments as they will be of no use to them. A report was read from the Director of Public Works/Engineering that he had no objection to an abatement of monies already paid if that is what the owners wish, but Town Counsel would have to render a decision. A sewer betterment is the only assessment for this lot and, if abatement is possible, the owners would then have to agree to a sewer charge in lieu of betterment to be paid when they or a .future owner would tie into the sewer. Mr. Bailey: The request should come from Mr. DeVito, and then we could discuss it. • The Board agreed to reply to the Board of Appeals that the request should come from Mr. and Mrs. DeVito if they want the Board to take official action regarding an abatement. Chairman Kenney read a letter from Attorney Frederick Conroy that 115 Kendall Corporation requests entry into the municipal water line located on Hartwell Avenue in order to extend the line up Hinchey Road to service the 72e Burri Sewer Holland Street Devito Betterment Valley- field St. Water 115 Kendall 526 Selectmen's Meeting May 6, 1974 houses located on Hinchey Road. Upon completion of this installation and service, it is .proposed to abandon and discontinue use of the existing water line located in the path called Old Hinchey Road. A report was read from the Director of Public Works/Engineering stat- ing that in view of all the confusion that surrounds this project and the fact that the request for a water main in Hinchey Road sheds absolutely no light on the proposed Town sewer and water main extensions required on the plans presently before the Board of Appeals we would recommend that the matter be tabled to allow sufficient time for the developer to present to the Board his overall requirements for municipal utilities. We believe that only in this manner can the Town make a proper review and decision as to the extension of municipal services to serve this proposed development. Chairman Kenney: The Board of Appeals has requested an opinion from us as they are holding a hearing on 115 Kendall Corporation tomorrow night. In view of Mr. McSweeney's recommendation, we should write to them and say that the Selectmen feel the Board of Appeals should delay granting approval of a permit because there are too many unanswered questions regarding the development of the property. The Board agreed. Chairman Kenney read a request from`.the Conservation Commission for the Board to vote to acquire or take by eminent domain, under Article 55 of the 1973 Annual Town Meeting, the land of John W. Porter, 465 Lowell Street, for conservation purposes, including outdoor recreation as pro - Porter vided by Section 8C of Chapter 40 of the General Laws, as amended. Land Upon motion duly made and seconded, it was voted to take by eminent Taking domain for conservation purposes the land of John W. Porter of 465 Lowell Street. Upon motion duly made and seconded, it was voted to approve the re-' quest of Town Counsel and to sign the order of taking of the land of John W. Porter. Chairman Kenney read a request from Town Counsel to sign the Bound - Russell ary Line Agreement between the Town of Lexington and F. William Smith on House the property located at the corner of Massachusetts Avenue and Woburn Boundary Street and adjoining the Muzzey Junior High School property owned by the Line Town. Upon motion duly made and seconded, it was voted to sign the Boundary Line Agreement between the Town of Lexington and F. William Smith. BOUNDARY LINE AGREEMENT This Agreement between the TOWN OF LEXINGTON, a municipal corporation in the Commonwealth of Massachusetts (hereinafter called the "Town"), and F. WILLIAM SMITH of Lexington, Massachusetts (hereinafter called "SMITH"), Selectmen's Meeting May 6, 1974 WHEREAS, the Town is the owner of certain property located on Massa- chusetts Avenue in Lexington, Massachusetts which is the site of Muzzey Junior High School, so-called; and WHEREAS, Smith is the owner of certain premises on said Massachusetts Avenue in Lexington, Massachusetts which adjoin said premises owned by the Town along the northwesterly side of the Town's land; and WHEREAS, reference is made in certain deed from Mary L. Russell to Galen Allen Russell and Warren Edmund Russell recorded with Middlesex South District Registry of Deeds in Book 4598, Page 463, conveying said premises owned by Smith to Smith's predecessors in title, to an agreement with the Town of Lexington relative to a division fence, dated July 18, 1855, re- corded in the Town Book of Miscellaneous Records, Page 46 (hereinafter called the "1855 Agreement"); and WHEREAS, neither said Town Book of Miscellaneous Records nor any copy of said 1855 Agreement can now be located; and WHEREAS, the Town and Smith now wish to confirm the location of the common boundary line between their respective premises by this agreement, which shall supersede the provisions of the 1855 Agreement, and for that purpose a survey has been made of said common boundary line, as shown on a certain plan entitled "Plan of Land in Lexington, Mass." by Hayes Engineer- ing, Inc. dated November 20, 1973, to be recorded in Middlesex South Dis- trict Deeds herewith, (hereinafter called "said Plan"), NOW, THEREFORE, the Town and Smith each covenant and agree with the other that the common boundary line between their respective premises located on Massachusetts Avenue in Lexington, Massachusetts as shown on said Plan is hereby confirmed and established to be in the location shown on said Plan;. and the Town. and Smith further covenant and agree that the provisions of this agreement shall entirely supersede said 1855 Agreement, which shall be of no further force or effect as between them and their re- spective successors in title to their said premises. WITNESS the execution hereof as a sealed instrument this day of May 6, 1974. TOWN OF LEXINGTON Allan F. Kenney Fred C. Bailey Alfred S. Busa Sanborn C. Brown Margery M. Battin Its Board of Selectmen F. William Smith 528 Minutes Selectmen's Meeting May 6, 1974 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings of December 10 and December 17, 1973. Special Upon motion duly made and seconded, it was voted to appoint Frank Police- H. Totman, Jr. as a Special Police Officer for the Town of Lexington for men a term expiring March 31, 1975. Chairman Kenney read a letter from the second grade pupils of the Harrington School requesting the Board to encourage residents to recycle trash. The Board agreed to inform the students that the Town has had a re- cycling program at the Hartwell Avenue sanitary landfill which has proven quite successful; also, to thank them for being such concerned and well informed residents of the Town. Chairman Kenney opened aninformationalmeeting with members of the Planning Board; Michael Burke and George Bezkorovainy of Tippetts-Abbett- McCarthy-Stratton, Engineers and Architects; representatives of the Bedford St. Massachusetts Department of Public Works -Charles Johnson, Senior Civil Widening Engineer; Lionel E. Labelle, District #4 TOPICS Liaison Engineer, to dis- cuss preliminary drawings prepared for the Commonwealth of Massachusetts for improvements on Bedford Street between Route 128 and the Bedford Town line. Members of the Street and Sidewalk Advisory Committee, Design Advisory Committee, and residents of Bedford Street were present, also Mr. Nickerson, Chairman, Board of Appeals. Mr. Burke: TAMS was assigned the project for initial study and we were authorized to pick priorities and we have three locations, at Route 128, Bedford and Eldred Streets, and Bedford Street at Hartwell Avenue jughandle. At peak hours, there are cars coming from Eldred Street onto Bedford Street, and the jughandle, as designed, is not adequate to handle the traffic. We understand that for some time consideration has been re- quested by the Town fora connector onto Hartwell Avenue, and it is under design. In developing, it was necessary to consider a possible inter- change of this type. We normally use 5 -year traffic projections and it was necessary that we consider future traffic projections on Bedford Street including the possible alternate routes that might be constructed to divert some of this traffic. In our analyses, we have assumed that at least a partial interchange and connector will eventually be con- structed, for unless some of the existing Bedford Street traffic is diverted, none of the schemes we have analyzed can be expected to provide an adequate level of service on Bedford Street in 1980. Based on these analyses, we recommended to Commissioner Campbell and Town officials in March that Bedford Street be reconstructed to provide a divided facility with three lanes in each direction. Subsequently, after discussions with Town officials, we developed two plans in some detail. One of these calls for necessary circulation and access via Bedford Street and appropriate median openings. The other calls for a frontage road along the southwest- erly side of Bedford Street. Selecemtmen's Meeting May 6, 1974 1. Under both plans, Bedford Street would be widened to provide three travel lanes in each direction between Route 128 and the jughandle, plus a median. Between the jughandle and Winter Street, there would be two lanes for traffic headed towards Bedford, and three lanes for traffic headed towards Route 128. The transition back to the existing pavement would oc- cur on the Bedford side of Winter Street. 2. Similarly, both plans call for widening and constructing a median on Hartwell Avenue between Bedford Street and Westview Road, and, 3. Minor geometric changes at the jughandle intersection. 4. A fully -actuated signal would be installed at Eldred Street, and, 5. The jughandle signal installation would be modified. Under Plan A 1. The Bedford Street median would be 18' wide to provide for left and U-turn slots for traffic headed towards Route 128 at the Armory and at Eldred Street. While this would represent a major improvement over present conditions, it has shortcomings in at least three of its aspects. (1) If the corner property (Bedford Street at Hartwell Avenue) be- comes a major private development site with access on Bedford Street, there could be a serious weaving problem --particularly in the afternoon --between traffic destined for the site via the jughandle and the right turnout of Hartwell Avenue, due to the site's proximity to the jughandle. (2) The signal at Eldred Street would probably operate on three phases --inherently less efficient than 2 W operation, and hence, more likely to cause future congestion. Finally, (3) Future development on the Hanscom Field side of Bedford Street can be expected to generate significant additional traffic; circulation patterns of this traffic will create weaving and side frictions in the Bedford Street traffic stream which will add to accident potential. Detailed consideration of these anticipated problems led to development of Plan B which would provide a frontage road on the presently vacant side of Bedford Street. We've called this plan B. The major differences in plan B are that, 1. A frontage road would be provided as shown. Access would be approxi- mately opposite the Armory, with a two-way section to serve properties on the Hartwell Avenue end, and a one-way section down to Eldred Street. By designing access to the frontage road in this manner, the weaving problem is minimized. 530 Selectmen's Meeting May 6, 1974 2. All left and U turns on Bedford Street between Eldred Street and the jughandle would be prohibited on the main line and take place via the jug- handle (for traffic headed towards Bedford) or the frontage road (for traffic headed towards Route 128 and Lexington Center). Consequently, the signal at Eldred Street would have efficient, 2 -phase operation, and median and side friction on Bedford would be reduced. While Plan B represents a safer, more efficient design, it would be more expensive and require more land. Consequently, we have submitted both plans to the Town for comment before making a decision as to our final recommenda- tion to the Department of Public Works. Dr. Clarke: In going from Plan A to Plan B, what about traffic coming from Bedford to the Armory, how would they get there under Plan B? Mr. Burke: Onto the frontage road and then off at Eldred Street and back. Under Plan A, there will be a great deal of traffic coming out of places like Denny's and via the service road, which has a much lower speed volume, they would go without serious conflict and go on their way. Dr. Clarke: Another jughandle? Mr. Burke: It is, in effect, a jughandle. Dr. Clarke: How far in our right-of-way does it extend? Mr. Burke: We understand the Town has put aside 200 feet; it would be 200 feet from the edge of the pavement. Mr. Eisenberg, Street and Sidewalk Committee: It appears there are major advantages of the second scheme. Is it possible to modify the jug- handle and eliminate that two-phase light and keep the advantage of Scheme A? Mr. Burke: I am a little hesitant to give an answer. Normally, on a jughandle, you wouldn't allow access. Keep in mind someone has to pay for the .right-of-way and a jughandle would be less expensive than a right-of-way. Takings might be very expensive. After further discussion, Chairman Kenney announced that an informa- tional meeting will be held in Cary Hall on Wednesday, May 29, at 8:00 p.m. and all interested persons will be so notified. Upon motion duly made and seconded, it was voted to adjourn at 8:00 p.m. A true record, Attest: Executive Clerk, Selectmen 1 1 SELECTMEN'S MEETING May 13, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 13, 1974 at 7:30 p.m. Chairman Kenney, Messrs. Bailey and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Direc- tor of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. Louis Zehner, Town Treasurer, met with the Board to request ap- proval of borrowing $85,000 for the acquisition of the Porter Land. Bids have been received and the lowest bidder is the Lexington Trust Company at 3.95 percent, notes to be dated May 17, 1974 and mature on September 30, x.974. This will be combined with the sewer loans in a bond issue that will have to be floated before September 30, 1974. Upon motion duly made and seconded, it was voted to grant approval to the Town Treasurer to borrow $85,000 from the Lexington Trust Company at 3.95 percent. 53 t Treasurer Mr. O'Connell introduced the new Health Director, Mr. George Smith, Health to the Board. Mr. Smith began his duties in the Health Department on Director May 6, 1974 and the Board members welcomed him as a new addition to the staff. Mr. O'Connell informed the Board that bids have been received on the cleaning, caulking, pointing and silicone protection of Cary Memorial Building. He recommended that the contract be awarded to the lowest Contract bidder, F. DiCenzo and Sons, Incorporated, 25 Valley Road, Medford, in 75-3-E the amount of $5,150. Authority for this work is contained in Account Cary #5250, 1972 Carryover, Town Building Maintenance Expenses, and 1973 Memorial Budget Account #5250, in the amounts of $2,939.74 and $5,000.00, respec- Building tively. Upon motion duly made and seconded, it was voted to award Contract 75-3-E to F. DiCenzo and Sons, Incorporated in the amount of $5,150 for cleaning, caulking, pointing and silicone protection of Cary Memorial Building. Mr. O'Connell recommended that the Town have insurance on the Cary Memorial Library and the Branch Library for $300 bodily injury and Cary $50,000 property damage, which would be at a cost of $103 per year to the Library Town. He had received a letter from the Library Director, on behalf of Insurance the Library Trustees, indicating that it would be a desirable thing to have. This would be covered under the Insurance budget account. Mr. Bailey: If it makes sense from the Town's point of view, we (Trustees) would enthusiastically endorse it. The Board agreed to accept Mr. O'Connell's recommendation. 5i)�� Selectmen's Meeting May 13, 1974 Mr. O'Connell informed the Board that he had received word from the Massachusetts Historical Commission that the Town will not receive Buckman $6,600 for Buckman Tavern under the fiscal year 1974 grant from the Tavern National Park Service Historic Preservation Program. The allocation had Grant previously been made and is good for two years, but the grant request will be turned down because the project has been completed. There is some possibility that something may have to be done to Buckman Tavern after the heavy Bicentennial traffic. Application could be made out on a matching fund basis. Mr. O'Connell recommended approval of a transfer of $2,591.95 to the Sewer Maintenance Account #5700 for current unpaid bills. This is Transfer the second section of a total of three transfer requests we forecast Account for $7,400. This request is to pay bills of the Boston Edison Company, #5700 New England Telephone Company, Boston & Maine Railroad, and the Lexing- ton Lumber Corporation. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from the Reserve Fund to the Sewer Maintenance Account #5700 in the amount of $2,591.95. Mr. O'Connell recommended approval of a transfer of $500.00 to the . Transfer Ambulance Account #4200 for repairs to the ambulance and for anticipated Account bills in May and June. #4200 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from the Reserve Fund to the Ambulance Account #4200 in the amount of $500.00. Town Clerk Mr. O'Connell advised the Board that he had received a transfer re - Election quest from the Town Clerk for $2,500.00, which is her estimate of what Acct. 1950 her Elections Account #1950 will incur for the contemplated Referendum. No action taken at this meeting. Mr. James Chase, Town Engineer; Mr. William Martin, Assistant Town Engineer; Mr. Warren Empey, DPW Manager, met with the Board to update Hartwell the members on conditions at the Hartwell Avenue Sanitary Landfill. Avenue Mr. McSweeney: We have probably reached the point, as Engineers, Sanitary as far as we can go on the Hatch Act. It started in February of 1972 Landfill with a Cease and Desist Order from the Department of Natural Resources and a citation from the State Public Health Department regarding opera- tional procedures. We cleaned Kiln Brook and abated the water conditions regarding damming of the water. We then received notice that they wanted to take us to court. We had money in the 1973 Warrant for a plan by C.E. Maguire and the Attorney General's office agreed to hold off. We.. finished the study and, in February, we filed but they would not review our plan until the Conservation Commission had reviewed it. We continued Selectmen's Meeting May 13, 1974 to clean the brooks. We conducted the various hearings with the Conserva- tion Commission and we have not yet been able to get an Order of Condi- tions. We were told by DNR that the Conservation Commission was now out of it and it would have to be reviewed by. DNR. We appealed by registered mail and we can't seem to get an answer whether they will hear us or meet with us. We asked for an informal hearing. We thought we could go in as we wanted to comply but they just sat there and said they forced us into filing a registered letter seeking the hearing. In the meantime, despite a number of calls, there is no answer. For the past two years, we have complied in every engineering manner. We are running out of space and of time. We are still in that small area and it is closing in, and it is inefficient,to run. We are satisfied with Maguire's report; it is sepa- rate from the Planning Board study. We have the retention area and the mobility to move around out there and develop the land. We need your support. Chairman Kenney: The matter is no longer in the hands of the local Conservation,Commission via the Hatch Act? Mr. Chase: They (DNR) told us that sanitary landfills are too con- troversial. Chairman Kenney: They won't accede to your request for a hearing? Mr. Martin: All three agencies, DPW, Planning Board and Conserva- tion, have tried to get DNR to move on it. Where do we go next? Mr. Bailey: What is the DNR statutory authority? "Thou shalt not fill until you have the paper from DNR to fill?" Mr. McSweeney: There is no time limit on this. It does say he has to do it 28 days after the hearing. Mr. Martin: There is an Act called the Administrative Procedure Act. Mr.. Bailey: They say nobody can fill without specific authority from DNR? The Hatch Act is still the overriding authority? Mr. McSweeney: Yes. Also, the fact that they do not have any rules and regulations and are trying to hold off until they put these rules to- gether. Even their decisions are arbitrary. There are other cities and towns running into the same problems. Mr. Cohen: You originally filed with the Conservation Commission? Mr. McSweeney: Why did you go to the DNR? Mr. Martin: The Commissioner intervened and they sent a check list and requested additional information, and on that list they stated if the applicant 'is asked for additional information, he can request a meeting with the Commissioner. Mr. McSweeney: It was not additional information, it was a condition. Mr. Cohen: So we have not furnished DNR with all the information? Mr. McSweeney: Yes, we did, and we were prepared to submit any addi- tional information. Chairman Kenney: Have you talked with them since the registered letter. Mr. Chase: Yes. Mr. Kroll got out the file and he said, "We haven't done anything on that." 134 Selectmen's Meeting May 13, 1974 Mr. McSweeney: It is time the Board did something and we would also want you present at a hearing. Mr. Cohen: Give me copies of correspondence, the application to the local Conservation Commission and the letter DNR sent to you. Mr. Chase: There was no letter. Mr. Cohen: Give me what they asked for on information and I will call someone in DNR. The Board agreed if it is not going well, an appointment will be re- quested. Mr. O'Connell: The problem is DNR is confused about procedures. believe it would be helpful if the Board wrote a letter to Commissioner Brownell. My personal feeling is that the Board should ask for a hearing. I don't think DNR cansit on this and not issue an Order of Conditions. Mrs. Battin: I agree with Mr. O'Connell. Chairman Kenney to Mr. Cohen: You make the call to DNR and then we can write the letter or go in and see<Commissioner Brownell. Mr. Bailey: If they come out and issue that the order is for fill- ing, then we have something to shoot at. Mr. Cohen agreed to call DNR. Mr. Chase, Mr. Martin, and. Mr. Empey retired from the meeting. The Appropriation Committee and members of the new Personnel Advisory Board - John Butler, W. Neil Chapman, William McGonagle, and Paul Sidman- met with the Selectmen. The fifth member, Nicholas LaFauci, was unable Personnel to be present. Advisory Copies of the following were distributed: Board The Personnel Policy Board will: 1. Counsel on the appointment of a Personnel Director. 2. Concur in recommendation of Town Manager on selection of consultants and scope of work; evaluate the results. 3. Propose possible job classification system. 4. .Oversee preparation of a Personnel Manual. 5. Review and report on organizational changes. 6. Conduct comparative salary reviews. 7. Study the form, function and -scope of a permanent Personnel Board. 8. On all of these matters, report to and advise the Selectmen and the. Appropriation Committee. Chairman Kenney: Funds were appropriated under Article 4 for a Per- sonnel Director and the Selectmen would look to the committee to advise them. Also, to assist in selecting, with the Manager as the authority, a personnel consultant firm to come in and look at the Town employees'. 53) Selectmen's Meeting May 13, 1974 salaries and the job classification system to see if we are in line, and how it can be improved. The Appropriation Committee would be looking to you to review and report on wage changes and new grouping in Public Works, and you would give us your advice. Mr. Furash: We look forward to your participation and help in our work. We have divided the work in two parts. On the selection of a Personnel Director, we need a first class professional for a Director, and funds are in the budget indicating clerical help. You have to look at different individuals and take a good, hard look outside. Chairman Kenney: They are counseling; the Director's appointment will be made by the Town Manager. Mr. Chapman: These would be recommendations to the Town Manager or the Selectmen? Chairman Kenney: To the Town Manager. Mr. Furash: It was not my reference to change that. Chairman Kenney: I want them to understand it. I want to make sure they come to some conclusions. Mr. Chapman: The kind of man you get will depend on who he reports to. Chairman Kenney: To the Town Manager. Mr. Furash: There is a determination of an immediate mission: 1. Job Classification System; 2) Personnel Manual; 3) Personnel Records; 4) Job Descriptions; 5) Personnel Department Functions, and from this comes the selection of an appropriate Consultant: The Town really has to start from scratch and put material together and see that the right system is in place and, to do this, outside help is needed. Town Meeting voted funds for a Director and, in order to get it off the ground, that is where we are headed. Mr. O'Connell: I would like to comment that, so far, I am not sure we should use the title Personnel Director. I use the form Personnel Adminis- trator. Mr. Furash: You are talking about a personnel officer of sorts. My comment made to Town Meeting was for a position devoted solely to personnel function. The Town Manager, the Board, and I will have to discuss this but he is clearly a personnel officer. Mr. O'Connell: I have a list of priorities: Job Classification System, Job. Descriptions, Wage and Salary Administration, Job Classification and re- classification. The management consulting work is intended to get the lion's share of tasks. That is the core, the structure of the planned work of the management consultant. This is going to take a certain amount of time de- spite its urgency. I have made a list and, in some cases, data will have to be required, and on a timetable that would help us in collective bargaining. These are: Fringe Benefits Policy, Merit System Policy, Retirement Policy. These are all matters that have been subject matters for collective bargain- ing and need a complete policy review. They are ever present on the bar- gaining table and are tied into budget. Mr. Furash: That timetable for a year is important. From our point of view, these are probably quite right on what has to be done and are a major 536 Selectmen's Meeting May 13, 1974 factor on what we are going to be paying in the future on the tax rate. The advice you bring to us will be important on how the future will be managed and will cost in the future. There is a different atmosphere now and it requires more effort; it requires locking in by unions and will be areas of support work. It will be subject to the discussion of what the Personnel Director might do; general wage and salary administra- tion equitability; the whole job classification and re-classification; the.problem ofmovingrates back and forth. Changes in secretarial grades also include vacations. One I forgot to mention - the inadequa cies of the grievance procedure. The merit system is important over the time, and the Selectmen and Town Manager have done a fine job to replace the antiquated step system. Mr. Chapman: Give us a -picture of the funding. Mr. O'Connell: $15,000 for Management Consultant and. $12,000. in the budget for the personnel position, on the assumption that the first time around we wouldn't have a full year. Chairman Kenney: We have had a review done in 1962 by Evans. We now have a basis from which to start and Mr. O'Connell will make the policies available to them. Mr. O'Connell: Provided they accept them in the form in which they exist; it is not done on a systematic basis as some I give verbally. Mr. Butler: Is the Personnel. Directorinvolved in collective bargain- ing? Chairman Kenney: We have three unions; the bargaining spokesman is the Town Manager and we have teams and on each we have one Selectman repre- sentative, and we have had assistance from David Hughes. We want to work the Personnel Administrator into this. Mr. Furash: The role of the professional has to be determined by the Manager and the Selectmen because of the amount of time involved in negotiating. Mr. Chapman: Has the Town decided on a broad policy in relation to productivity or on whether you want to hit a middle line? Mr. O'Connell: There are some broad things, such as collective bargaining. Mr. Chapman: Do you have a creed you are ready to stand behind, or is the answer there isn't anything concrete in terms of what your policy is? Give us the general feeling. Mr. O'Connell: In collective bargaining, the Town tries to be a very responsible employer. Chairman Kenney: When we instituted the merit system three years ago, part of it is they would be monetarily rewarded by increasing pro- ductivity. We have the Police on merit and it is the only one in the nation. I would suggest that Mr. Butler call the first meeting of your board and our office will handle the duties for you until you get set up. Mr. O'Connell will come to your first meeting. Mr. Furash: We are very appreciative of your volunteering for the job; the contribution to the Town will be immense. Both of our boards Selectmen's Meeting May 13, 1974 look forward to working with you and the Town Manager on this project. After you get thoroughly involved, we look forward to meeting with you, especially as the budget year comes about. The Selectmen thanked the members for meeting with them and the Personnel Advisory Board retired from the meeting. Chairman Kenney informed the Appropriation Committee that the.Refer- enda on trash collection and Flintlock will be held on June 3. Discussion was then held on a request from Police Chief Corr for a transfer of.$17,000 to Account #3800 -Police Department Expense. Mr. Furash: Our reaction is that this whole inflationary period re- quires stringent control in all areas. We will discuss transfer requests at our meeting tonight. The Appropriation Committee retired from the Selectmen's meeting. Chairman Kenney read a letter from the Massachusetts Bicentennial Commission regarding the possibility of a bikeway from Charlestown to Lexington and Concord. After discussion of reports from the Planning Board, Recreation Com- mittee, Traffic Safety Committee, and the Bicentennial Committee, it was agreed to inform the Massachusetts Bicentennial Commission that it is the general concensus that the design, layout and construction of any inter- linking bikeway between the historical sites would be impossible to com- plete in the brief period remaining between now and the Bicentennial celebration. Other criteria should be considered, such as improving the safety factors relating to the overall transportation plan of the Town, particularly if it were to be constructed on Massachusetts Avenue. There- fore, it is the conclusion that the subject is in need of more detailed study. Chairman Kenney 'read a report frau the Traffic Safety, Committee in response to a letter to the Selectmen from Edward Duncan, President of the Lexington Savings Bank, concerning parking conditions in the munici- pal parking lot behind the bank building. The report states that the Committee recognizes the truck problem within the parking lot; however, these trucks have the right to load and unload on the public way without being in violation of double parking regulations and, if we exclude them from this lot, they will go directly to Waltham Street, which we feel should not occur. Regarding Mr. Duncan's reference to meter violations, strict, ongoing enforcement of the meters has been and will continue to be an important part of the duties of the Police Officers in Lexington Center. The Board agreed to inform Mr. Duncan that there is no immediate solution to the problem of parking but the Selectmen will write to the Chamber of Commerce to see if they would encourage a voluntary improve- ment in the parking of trucks in the lot. Hopefully, this will alleviate the situation somewhat. 53 7 Referenda Police Dept. Transfer Bicenten- nial Bike- way Municipal Parking Lot Lexington Savings Bank 53S Selectmen's Meeting May 13, 1974 The Board discussed a request from Mr. and Mrs. Ronald G. Grammont, Grammont represented by Attorney Donald E. Legro, that approval be granted for Sewer the construction -of a sewer, at no cost to the _Town, to service their Request four parcels of land bounded by Morgan, Jean and Aaron Roads. After discussion, the Board agreed to inform Mr. Legro of tenta- tive approval to allow the construction of this sewer, at no cost to the Town, with the following understanding: 1. A grant of a sewer easement on Aaron Road is to be furnished by the owners to the Town. 2. The usual engineering conditions should be met; such as, Engi- neering Department's approval of plan, specification, insurance requirements, contracts, and construction inspection. Additionally, it was agreed that since the Grammonts are going to pay for the construction of the sewer, they would not be required to pay a betterment. However, the mechanics of this are still to be worked out, pending further advice from Town Counsel. Chairman Kenney read a letter from Dr. Alan E. Cooper, 1 -Wallis Parking Court, expressing disapproval of the recent decision of the Board to create First a 4 -space "private" parking area on Massachusetts Avenue in front of the Baptist First Baptist Church as parking is at a premium in the area and he feels Church it establishes a dangerous precedent by creating a "private" parking area on a public way. After discussion, it was agreed to inform Dr. Cooper that the Board feels a proper decision had been made, particularly in view of the follow- ing: 1. The Baptist Church had plans to install a circular driveway on the premises with two openings onto Massachusetts Avenue and, upon hear- ing this, we would lose approximately three spaces. Additionally, the primary purpose of the church would not be served as the drive- way was too short and too narrow, and involved problems of exiting. onto Massachusetts. 2. Also, the Board felt there was justification in this instance of establishing a loading zone because activities at this address are of wide -based community interest. The area is vacant most of the time and, in order to serve as a loading zone, this was the intent. The Board feels it is working well and the situation should remain as it is. Bos. Edison Upon motion duly made and seconded, it was voted to sign the agreement Cary Libr'y. with the Boston Edison Company for electrical service for Cary Memorial Elec. Serv. Library. Selectmen's Meeting May 13, 1974 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on December 27, 1973. Upon motion duly made and seconded, it was voted to sign the Auctioneer's license for Lawrence W. Graham, 23 Baker Avenue (renewal). Upon motion duly made and seconded, it was voted to approve the request of the Lexington Lodge of Elks No. 2204 for the use of the Green for a Flag Day ceremony on June 14, 1974 at 7:00 p.m. Mr. Bailey agreed to read the Proclamation for Flag Day at the ceremony. The Board agreed to request opinions of the Lexington Commission on Suburban Responsibility and the Lexington Housing Authority on the extension of the moratorium on the sale of tax title lots. 539 Minutes Auctioneer Flag Day Tax Title Moratorium Upon motion duly made and seconded, it was voted to set the summer Summer schedule of Selectmen's meetings: June 3, June 17, July 1, July 15, Schedule July 29, August: 12, and August 26, 1974. _ Sel. Meet'gs. Upon motion duly made and seconded, it was voted to meet on May 29 because of Memorial Day. Upon motion duly made and seconded, it was voted to certify the character of applicants for Certificate of Incorporation: Robert B. Ullian 3 Whitepine Lane "Vascular Laboratory, Inc." Dean E. Nicholson 7 Sherburne Road "Opera New England, Inc." Robin Orr Catherine Conrady Richard Safford "Meriam Hill 1 Oakland Street 8 Oakland Street 12 Meriam Street Association, Inc." Robert J. Brennan, M.D. 21 Buckman Drive "Bay State Professional Standards Review Organization Inc." Mr. Brown reported to the Board on a meeting held in Cambridge on the Department of Transportation Report, which produced a draft work program for 1974-1978. We gave the State a long list of requirements to extend the Red Line to Lexington. They have $500,000 in the budget they propose now. -In answer to questions we asked, the Hartwell Avenue connector is not budgeted in the 1974-1978 proposal; it is proposed but not budgeted. Cert. of Incorp. Transporta- tion ,,Red Line Extension 540 Selectmen's Meeting May 13, 1974 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 concerning public health 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: CSJ, Executive Clerk, Selectmen 1 41: SPECIAL SELECTMEN' S MEETING May 16, 1974 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Thursday, May 16, 1974, at 5:00 p.m. Chairman Kenney, Mr. Brown, Mrs. Battin, Mr. O'Connell, and Mrs. McCurdy, Execu- tive Clerk, were present. Chairman Kenney said that the Selectmen have received two petitions for Referenda on Articles 100 and 104 of the 1974 Annual Town Meeting. The Town Clerk has certified 977 signatures on Article 100-Townwide Referenda - solid waste collection, and 803 signatures on Article 104 -Amend the Zon- Articles ing By -Laws on Wood Street (for Flintlock Condominiums). 100 & 104 Upon motion duly made and seconded, it was voted to call a Referenda to be held on Monday, June 3, 1974, with the polls to be opened from 7:00 a.m. to 8:00 p.m. Upon motion duly made and seconded, it was voted to sign the Warrant for the Referenda on June 3, 1974, with two questions on the ballot "Shall the Town vote to approve the action of the representative Town Meeting on Articles 100 and 104." Upon motion duly made and seconded, it was voted to adjourn at 5:07 p.m. A true record, Attest: Executive Clerk, Selectmen 542 Guides Accident Claim Release Johnson Bros. #6 Oil SELECTMEN'S MEETING May 20, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 20, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Reverend Handley, Director of Guides, met with the Board to request the appointment of Guides for the coming season, license to expire on June 1, 1975. Chairman Kenney welcomed the Guides and the Board voted to appoint the following as Official. Guides of the Town of Lexington: Appointments Bowers, Ellin Coates, Norma Gerrig, Richard Helgeland, Ellen Kocher, Tom Leary, Colleen Lucas, Jeff Ryan, Carolyn Ryan, Kathleen Sullivan, Terri Re -Appointments Bass, Harvey Dyer, Julie Fine, Marjorie Golden, Brad John, Richard Kahne, Daniel Keeler, Paul Miles, Robin Morganstern, Vicki Moskow,Jeff Nichipor, Mark O'Shaughnessy, Paul Sauermann, Claudia Wachman, Alan Wang, Cheri Warshawer, Steven Wishney, Pam Mr. O'Connell requested the Board to sign release of all claims, as requested by the Sentry Insurance Company, Boston, in return for full settlement of claim involving an accident at Massachusetts Avenue and Waltham Street which resulted in damage to the traffic signal lights. The Insurance Company settled for $551.25 and the owner of the vehicle involved gave a personal check for $121.89. Upon motion duly made and seconded, it was voted to sign the re- lease of all claims against the Town of Lexington concerning a motor vehicle damaging a traffic signal at Massachusetts Avenue and Waltham Street. At 7:45 p.m., hearing was declared open upon application of Johnson Bros. for permission to install three additional 10,000 gallon under- ground tanks for the storage of #6 bunker oil on the premises at 31 East Street, Lexington. Chairman Kenney: Notice of the hearing was published in the Lexing- ton Minute -man on May 9, 1974, and the applicant notified all abutters of the hearing by certified mail. Fire Chief Spellman approved the location} of the three new underground tanks and informed us that a capsule is not necessary as there has been no problem with the other tanks. 543 Selectmen's Meeting May 20, 1974 Mr. William J. Wilson, Manager of Johnson Bros., was present and ex- plained that, due to the energy crisis, delivery sometimes might be delayed and this extra storage would allow them an extra week's supply of oil to heat the greenhouses. Mr. Paul Keeler, 79 East Street: Does this have anything to do with the petition granted last fall for expansion of the greenhouses, at which time it was stated that no facilities were needed for the expansion? Are they related? Mr. Wilson: Times have changed since then because of the energy crisis. No, we are not planning on building greenhouses; this is just for supply of oil. Chairman Kenney: You are saying that the fuel crisis is the major reason? Mr. Wilson: Fuel tanks get low and at times we wondered if we would make it until the next delivery. Mr. Keeler: It was stated before the Planning Board and the Board of Appeals, and in the petition, that no additional facilities would be needed. Is this another means towards expansion of the boiler roam? Chairman Kenney: Is there any intention of expanding? Mr. Wilson: No, there is a sufficient amount of boilers there but this is to guarantee the supply of oil. Mrs. Battin: Are all the greenhouses going to be built already here? Mr.. Wilson: Yes. Mr. Weinmayr, 49 East Street: I am a direct abutter to the opera- tion. As long as this expansion of oil tanks is not for the construc- tion of greenhouses, I have no objection. It is adjacent to the Fiske School and there might be requirements for safety. You mentioned that the Fire Chief said there would be no requirement for a capsule. Chairman Kenney: Chief Spellman has investigated and his recommenda- tion is that there is no need for a capsule here. Mr. Weinmayr: I am registering myself as being present and interested. No one else being present in -.favor oropposgd, Chairman Kenney declared the.hearing closed. Upon motion duly made and seconded, it was voted to issue the license to Johnson Bros. for permission to install three additional 10,000 gallon underground tanks for the storage of #6 bunker oil on the premises at 31 East Street. Mr. O'Connell informed the Board that the Treasurer had advised him that tax anticipation notes are being paid off and, as of tomorrow, the Town will be an investor instead of a borrower. Mr. O'Connell: For the information of the Board, we had scheduled Firemen's the Firemen's examination on May 25. We had expected between 25 and 30 Exam and there were approximately double that number of applicants. 544 Use .of Barnes' Property Bicycle Race Middlesex County Hospital Land Selectmen's Meeting May, 20, 1974 Mr. Brown: You mean there were 50 applicants for two positions? Mr. O'Connell: Yes. Some were remote from Town and outside the age limit. Chairman Kenney: How many were from Lexington? Mr. O'Connell: From approximately 30, I would say there were 20, all within a five -mile radius. Mr. O'Connell: Congressman Cronin has requested the use of the Barnes' property on Memorial Day. He is coming by helicopter to speak in Lexington. He is a federal official and we are not granting permis- sion to land but it would be proper to grant the use of public property. Mr. Brown: I would hope a public announcement will be made. If people know about it, we don't get complaints. Chairman Kenney: Yes. Also, alert Chief Corr. Mr. O'Connell: The National Honor Society at the High School, in connection with the Arts Festival on June 1 and 2, would like to stage a bicycle race for 50 - 100 participants, starting and endingnear the High School. Three routes have been suggested, but they all involve Waltham Street, which is dangerous on Sunday at 10:00 a.m. Mr. Brown: Do we have any traffic Committee comments? I have bi- cycled on Sunday morning and there is no traffic there. Mrs. Battin: How about Lincoln Street? From Waltham to Lincoln Street is about two miles. Mr. Bailey: Check with the Temple as they do have Sunday School. Mr. O'Connell: We will give the High School children the problem of working out a route, subject to approval of the Police Department. The Board agreed. Mrs. Battin informed the Board of a meeting held with Justin Gray Associates concerning a preliminary plan for the proposed development of County -owned land surrounding Middlesex County Hospital. I attended the meeting with representatives of the Planning Board, Recreation Com- mittee, Housing Authority and the Conservation Commission. They (JGA) explained what they are doing and wanted our input. There is a time schedule now and they would like the Board's suggestions and reactions to go to the Planning Director this week, and the Planning Board will discuss it and send a letter to Mrs. Finegold, the Middlesex County Land Use Project Director for JGA. Chairman Kenney: We have had no official request from them until this week. Mrs. Battin: They are talking about a written report in which they hope to incorporate our recommendations, hopefully after we consult with Waltham. As long as we indicate that we are seriously considering their report and plan to send in our recommendations they are willing to delay getting it to the printers until they have our input. 545 Selectmen's Meeting May 20, 1974 Zone Land Use 1 Existing use to remain 2 Subsidized or private housing, public services uses 3 Open space, parkland/conservation 4 Open space, parkland/conservation land bank 5 Subsidized or private housing, public services uses Mrs. Battin: A constraint placed on all the land is that no matter who acquires and/or operates it, the entire region must be served. Zone three has the best possible open space. Our own Conservation Commission had written to Justin Gray asking them to consider adding this to our Conserva- tion land. Zone four is also a potentially favorable acquisition for Lexington as it could be used for general recreation purposes for Waltham and Lexington as well as for Conservation open space. Zone five in Wal- tham has been proposed by the Hospital as an area in which the multiple handicapped could live with their families and get backup medical and social services from the Hospital. The other land in Lexington is Zone two for which subsidized or private housing has been considered, such as community residences or halfway houses for the handicapped or elderly. (Abutters in Waltham are reported to be terrified of this.) Mr. Brown: Do I understand that number five is all inside Waltham? Mrs. Battin: Yes. Under 667, you can build housing and the Depart- ment of Community Affairs could give the money. They do want input; the Planning Board wants our reactions. Mr. Brown: Is Area number two the only one including housing in Lexington? Mrs. Battin: Yes. Mr. Brown: As you know, we have problems with our state liquor li- censes because of the number of adults that live within the Town. If you add Area number two how many people do you have to add to the requirements for a liquor license? Mrs. Battin: It would depend on how many housing units they could put in. They didn't talk about numbers, but did talk about 35 units. Mr. Bailey: What is your fear if we are entitled to more licenses? Is it that someone would bring suit? Is there any likelihood the Select- men would be forced to give a license? Chairman Kenney: No. Mrs. Battin: How many actual units that would be put in would deter- mine the number of people. Mr. Cohen: As more people come in, you add them, and you are eligible for another liquor license. Chairman Kenney: We will request the Planning Board and Conservation Commission to come in with recommendations on May 29. The Board agreed. 4O Board of Appeals Land Acqui- sition Report from Town Counsel Selectmen's Meeting May 20, 1974 Chairman Kenney read a letter of resignation from George C. Sheldon as a member of the Board of Appeals. Upon motion duly made and seconded, it was voted to accept, with deep regret, the resignation of George C. Sheldon as a member of the Board of Appeals. Upon motion duly made and seconded, it was voted to appoint Logan Clarke, Jr. a member of the Board of Appeals to fill the unexpired term of Mr. Sheldon until January 1, 1975. Chairman Kenney read a report from Town Counsel Norman P. Cohen regarding land which had previously been voted to be acquired. "The following parcels of land have been acquired: a. Land on Valleyfield Street voted under Article 75 of the warrant for the 1965 annual town meeting for playground purposes. b. Baldwin land - Junniper Hill voted under Article 79 of the war,- rant ar-rant for the 1970 annual town meeting and 57 of the warrant for the 1972 annual town meeting for conservation purpsoes. c. Conservation buffer strip along the Burlington -Lexington line voted under Article 10 of the warrant for the 1971 special town meeting. d. Ashley land voted under Articles 58 and 59 of the warrant for the 1972 annual town meeting for town and conservation purposes. e. Baskin gift voted under Article 95 of the warrant for the 1970 annual town meeting. f. Harris gift voted under Article 48 of the warrant for the 1973 annual town meeting. g. Porter land voted under Article 55 of the warrant for the 1973 annual town meeting for conservation purposes. h. Cataldo land voted under Article 60 of the warrant for the 1973 annual town meeting for conservation purposes. i. Gift of land from Metropolitan State Hospital voted under Article 62 of the warrant for the 1973 annual town meeting. j. Living and Learning Center conservation easement voted under Article 63 of the warrant for the 1973 annual town meeting. k. Mason Street walking easement voted under Article 77 of the watrant for the 1973 annual town meeting. The following parcels have not been acquired: 1 Selectmen's Meeting May 20, 1974 1. Land in Meagherville voted under Article 45 of the warrant for the 1963 annual town meeting. If the Selectmen wish to pursue this, I suggest that a meeting be set up with John McSweeney. 2. Land along Vine Brook voted under Articles 75, 82 and 83 of the warrant for the 1969 annual town meeting for conservation purposes. I believe that one owner has agreed to convey an easement to the town and negotiations are proceeding with other owners. 3. Land of William Hamilton voted with b. above. It is my under- standing that Mr. Hamilton's son will give a gift of a conservation ease- ment to the town. 4. Land of Cooke on Massachusetts Avenue voted under Article 63 of the warrant for the 1971 annual town meeting. This acquisition is tied up by legal proceedings. 5. Land along the Munroe Brook voted under Article 61 of the warrant for the 1972 annual town meeting for conservation purposes. It is my under- standing that one owner has agreed, although papers have not been signed. 6. Land of Lexington Associates, Inc. voted with d. above. Acquisi- tion of this land for town and conservation purposes is imminent. 7. Woburn Street School Site - The Selectmen should decide what to do about the small remaining pieces that were not acquired. A meeting at the site might be in order. 8. Oneida land voted under Article 83 of the warrant for the 1966 annual town meeting for conservation purposes. Frank Smith advised me that the town may eventually get this small piece as a gift. No action should be taken at this time. 9. Land of Waymint Realty Trust voted with g. above. I understand the Conservation Commission has had some discussion with the owners. 10. Land of Lucky Penny Trust voted under Article 57 of the warrant for the 1973 annual town meeting for conservation purposes. 11. Land of Johnson voted under Article 58 of the warrant for the 1973 annual town meeting for conservation purposes. 12. Gift of land from Concord Avenue Realty Corp. voted under Article 33 of the warrant for the 1974 annual town meeting. i am in contact with the lawyer for the donor. 13. Gift of land from Baskin voted under Article 45 of the warrant for the 1974 annual town meeting. I shall contact the donor. 548. Liquor Selectmen's Meeting May 20, 1974 14. Graziano land voted under Article 46 of the warrant for the 1974 annual town meeting for conservation purposes. 15. Marco Realty Trust land voted under Article 47 of the warrant for the 1974 annual town meeting for conservation purposes. 16. Hillside Avenue land voted to be acquired and transferred under Articles 48 and 49 of the warrant for the 1974 annual town meeting for conservation purposes. 17. Land along Vine Brook voted under Article 52 or the warrant for the 1974 annual town meeting for conservation purposes. 18. Elliott land voted under Article 53 of the warrant for the 1974 annual town meeting for conservation purposes." Mr. Brown: Let the record show that the Board compliments Mr. Cohen of Palmer and Dodge. Chairman Kenney: I agree, and say that we have excellent communica- tion, which is another significant area of progress. Chairman Kenney read an invitation from the Burlington Board of Selectmen to attend a meeting on May 23 to discuss establishments serving alcoholic beverages to minors. Chairman Kenney to Mr. O'Connell: Do we have any problems concern. ing serving liquor at our establishments? Mr. O'Connell: No, our problem is on parking and acquisition at package stores. The Board agreed that it was not necessary to have a representative at the meeting in Burlington. Cert. of Upon motion duly made and seconded, it was voted to certify the Incorp. character of William Anthony Sommers, 7 Hunt Road, who has applied for Certificate of Incorporation, "Massachusetts Municipal Center, Inc." Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings of January 3 and January 7, 1974. Bicenten- Chairman Kenney read a request from Vynebrooke Village and Greeley nial Village residents for a grandstand during Bicentennial activities. The Board agreed to reply that the Bicentennial Committee is work- ing on their request. Brook St. Upon motion duly made and seconded, it was voted to approve the Pumping recommendation of the Director of Public Works/Engineering and to sign Station the contract with Hall Pump Sales & Service Corp. for Brook Street Pump - Contract ing Station Control System Revisions, in the amount of $43,202.00; con- tract approved as to form by Town Counsel. Selectmen's Meeting May 20, 1974 Chairman Kenney informed the Board that a meeting had been held with 115 Kendall Corporation. Mr. Colangelo agreed to request the Board of Appeals for an extension of one more week. Tektronics, Inc. came into the picture and they talked about problems with traffic. They will have a representative at the meeting on May 29 on the widening of Bedford Street. 115 Kendall Chairman Kenney to Mr. Cohen: What happens to Hinchey Road? Corp. Land Mr. Cohen: I don't have all the facts on Hinchey Road as discon- Hinchey Rd. tinued by the State. That may have been completely discontinued. It is very hard to figure out. Mr. McSweeney: If they come in later for the five acres, that par- cel will eventually have an opening there. I would like to investigate the merits of it traffic -wise. I talked to TAMS and they would be happy to add it. This would be part of the service road we are proposing and it would have to go to the Planning Board. Chairman Kenney: We would urge you to further explore it. The Town's intention would be to get rid of Hinchey Road and change the grade. Mr. Cohen: Mr. Colangelo said he has an agreement with one and the best way would be to urge him to give agreements with the other three home owners. If Mr. Colangelo is making efforts in selling that piece of land, you can't do it unless you get an agreement with the people. I hope to talk with him. Upon motion duly made and seconded, it was voted to adjourn at 9:23 p.m. A true record, Attest: Rxecu erk, Sele/ 550 Guides Bonds SELECTMEN'S MEETING May 29, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Wednesday, May 29, 1974, at 7:00 p.m. Chairman Kenney, Mr. Bailey, Mr. Busa, and Mrs. Battin; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. Reverend Harold Handley, Director of Guides, met with the Board to request the appointment of Guides. Upon motion duly made and seconded, it was voted to appoint the following as Official Guides of Lexington: Dave Campbell, Ann Carroll, Eric Michelson, Karl Block, and Jean Ganshirt. Chairman Kenney requested the Board to approve bonds for the Town Clerk, Constable, and the Town Treasurer. Upon motion duly made and seconded, it was voted to approve bonds for the following: Mary R. McDonough, Town Clerk, $2,800.00; Guy D. Busa, Constable $3,000; and Louis A. Zenner, Town Treasurer, $124,000.00. Middlesex Members of the Planning Board and the Conservation Commission met County with the Board to discuss their reports on the Middlesex County Land Land Use Use project. Project "MIDDLESEX COUNTY HOSPITAL LAND STUDY Lexington Conservation Commission Comments The heavily wooded, rolling land forming a 25 -acre rectangle between the rear of the visitors parking lot and the Lexington line (Area 3) is an ideal spot to be preserved in its natural state. Since it abuts a large piece of Lexington conservation land on its eastern side (on either side of the water tower), and needs only a short link to connect with another piece of conservation land further west, it would fit nicely into the Metropolitan Area Planning Council's long range plan to provide a green strip from Belmont to Lincoln. It is a large enough parcel to provide a good hike within the confines, of the property, particularly if the large, more open area to the south and southwest (Area 4) is also preserved for open space and recreational uses. It would be helpful if a strip could be saved along the northern end of Area 2, providing pedestrian access from Walnut Street. It matters little whether the land is owned by the Town, the Conservation Commission, or the County, provided adequate safe- guards assure that the land will remain undeveloped and that the public will be allowed free access. The more open and flatter area on the northern end of Area 4 is ideal for picnic spots, and several spots now overgrown with sumac could be cleared for games of various kinds. As one approaches the Waltham line to the Selectmen's Meeting May 29, 1974 south, the trees give way to broad open meadow. This could easily be level- ed to provide some baseball diamonds, as has been done near Houghton Pond in the Blue Hills Reservation. The pond near the Town line could be used for skating. Any active recreational use of this land would require a cooperative ef- fort with Waltham, as most of the land is in Lexington, but the only feasible access is from Trapelo Road. The back conservation land would not by itself be used so intensively, and the accesses already available in Lexington should be sufficient for the use of hikers, etc.; especially if an access from Walnut Street is provided. The County Commissioners apparently want to see the land used for purposes with a regional implication. This makes sense. Yet it does not seem prop- er.that the Town should have to pay Town money to buy land owned by the County taxpAyere in order to provide regional services. It becomes parti- cularly sticky if we are being asked to be willing to use Town money to improve the land with access roads, ball fields, and perhaps swimming pools for regional use, and to maintain the land and improvements at our own cost. If the land is to be preserved in its natural state and not "improved" for intensive use, it would ultimately be of more benefit to Lexington than to the rest of the region, and it might be worthwhile to pay a fairly large amount to preserve it. If, however, the part of the property near Waltham is to be developed for regional use, opening up the entire area, including the heavily wooded area, to crowds of visitors, we are getting into a situation involving large original costs and maintenance costs which should not rest on the shoulders of Lexington and Waltham. Such use should perhaps be in the hands of the Department of Natural Resources, with safeguards assuring Lexington and Waltham of specified controls or veto power. Putting aside the question of who should assume what cost, the Conserva- tion Commission would like best to see the bulk of the land left in its natural state, poison ivy, lady slippers and all. We would like to see Lexington explore a cooperative arrangement with Waltham so that vehicu- lar access could be provided through Waltham. At the most, picnic tables should be scattered in the half -open areas, and perhaps a ball field or two provided in the meadow land. It should not be large enough a project to attract the whole region, but it could provide an attractive area for both Lexington and Waltham. Done properly and kept in scale, it could be an asset as a neighbor to the hospital and to any housing for the disabled which might be built nearby. 55` Selectmen's Meeting May 29, 1974 If such a cooperative arrangement does not prove feasible, we would still like an opportunity to save the open and semi -open land in Lexington's part of Area 4 for recreational and open space use, hoping to provide a future access, perhaps by purchasing land which would connect Area 4 with the old county road. Rights over that road have still to be investigated. If the County holds title to the road, perhaps they would consider trans- fering title to Lexington." "PLANNING BOARD REPORT ON MIDDLESEX COUNTY LAND USE PROJECT The County Commissioners have asked that Lexington respond to a report developed by Justin Gray Associates (Planners/Architects), for the pro- posed development of the County -owned land surrounding Middlesex County Hospital. The single criteria the Commissioner has imposed on any devel- opment on this site is that it meet a regional need. Since the site offers a variety of land use alternatives, the Planning Board requested input from the Board of Selectmen, Conservation Commis- sion, Recreation Department, and the Lexington Housing Authority as to what the best ultimate land use for this site might be. This report re- flects that input. The site is an 108 acre tract of land of which 96 acres lie within Lex- ington. The site has been delineated into 5 zones by J.C.A. for planning purposes, based on topographical features and existing land use. All of Zone 5 and approximately 1/3 of Zone 2 are in Waltham. Zone 1 by defini- tion will remain in its present land use, the County Hospital. The County Commissioners have identified two regional concerns that are applicable to this site. The first is to provide housing for low and moderate income families. Such housing in Lexington is well below the standards as established by the Planning Board report with regard to the petition of Lexington Realty Trust for a comprehensive permit under Chapter 774. The second regional concern is for recreation facilities. Justin Gray Associates recommend the following development guidelines for each zone: Zone Land Use 1 Existing use to remain 2 Subsidized or private housing, public services uses 3 Open space, parkland/conservation 4 Open space, parkland/conservation land bank 5 Subsidized or private housing, public services uses 1 e) Selectmen's Meeting May 29, 1974 1. Site Analysis a. Soils The Soil Conservation Service of the U.S. Department of Agricul- ture has determined the following soil characteristics. No septic tanks or on-site sewage disposal can be accommodated. The surface water run- off is not a significantly limiting factor except that paved surfaces should be kept at a minimum in steep places. The soil would support woodlands and could allow homes to be built. b. Topography Zones 2 and 4 have moderately sloping gradients that constitute no significant land use constraints. Zone 3 has moderate as well as steep slopes that would impede construction of any kind. c. Drainage The sloping character of Zone 2 has sufficient water drainage so as not to restrict construction. This drainage is also characteristic of the majority of Zone 3. However, there is seasonal water accumulation in the flat swampy land of the western section of Zone 3. .The westerly half of Zone 4 is relatively flat, with a small stream traversing it. During periods of moderate to high preciptation this section is prone to have standing water on it. d. Vegetation Woodland vegetation covers throughout nearly the entire Zone 3. Zones 2 and 4 have hedgerows and clumps of tree and brush growth in addi- tion to the predominant low growing, grass vegetation. e. Visual Character The hill to the north of the site blocksthe view to and from the site in that direction. The west and south view from Zone 4 may extend to 1,000 feet depending on vegetation. Zone 2 has clear vistas of up to a mile to the east and south (the topography slopes to the east and the vegetation is mostly grass). 2. Uses and Facilities a. Streets and Traffic Walnut Street is a collector street with a 38' right-of-way and an 18' paved width. The pavement would have to be increased if the use becomes 554 Selectmen's Meeting May 29, 1974 substantially more intensive. Trapelo Road is capable of supporting a major traffic flow. Zone 2 is the only zone in Lexington that abuts a nearby street (Walnut Street). b. Public Utilities The Town of Lexington does not have sewer lines along Walnut Street. A 10" water line and utility line run along Walnut Street at Zone 2. c. Surrounding Land Uses Most of the land across Walnut Street from Zone 2 is open land owned by the Metropolitan State Hospital. The land abutting Zone 3 is undeveloped at present except for the county hospital parking lot in Zone 1. An 11.8 -acre parcel of Lexington conservation land forms part of the north boundary, and another conservation parcel of similar size lies about 400 feet to the north, separated by privately -owned open land. In addition to private and county open land, Zone 4 abuts an apartment development, a recreation field and Trapelo Road. d. Commercial Facilities The nearest commercial facility is the shopping on Lexington Street in Waltham -- 1/4 mile from Zone 4 and 3/4 mile from Zone 2. e. Schools Bowman School is the nearest elementary school in Lexington - 1 mile from Zone 2. Clarke Jr. High is 1 3/4 miles from Zone 2. Lexington High School is 2 1/2 miles from Zone 2. f. Public Transportation The Metropolitan Coach Services has a route along Trapelo Road, starting from Waverly Square at twenty minutes to the hour, stopping at the hospitals, then proceeding to the Star Market on Lexington Street, where it leaves every hour on the hour. The MBTA bus route along Waltham Street in Lexington is 1/4 mile from Zone 4 and 3/4 mile from Zone 2. Selectmen's Meeting May 29, 1974 g. Recreation The Powder Horn Par 3 Golf Course is located on Walnut Street near- ly adjacent to Zone 2. The nearest recreation field for child and adult use is the ballfield in Waltham abutting Zone 4. The Conservation land in Lexington abutting Zone 3 provides woodland recreation. Conclusions and Recommendations The result of the analysis generally supports the preliminary use des- ignations suggested in the J.G.A. report. Zone 2 This is the only section of land well suited for low and moderate income housing. It has the only direct access to any street in Lexington and the grades on this section of the site will permit construction without exten- sive alterations to the land. The need for low and moderate income housing in Lexington is well documented, therefore, serious consideration should be given to subsidized housing in Zone 2. Zone 3 As the Lexington Conservation recommends, the heavily wooded, rolling land forming a 25 -acre rectangle between the rear of the visitors parking lot and the Lexington line (Area 3) is an ideal spot to be preserved in its natural state. Since it abuts a large piece of Lexington conservation land on its eastern side (on both sides of the water tower), and needs only a short link to connect with another piece of conservation land further west, it would fit nicely into the Metropolitan Area Planning Council's long range plan to provide a green strip from Belmont to Lincoln. It is a large enough parcel to provide a good hike within the confines of the property, particularly if the large, more open area to the south and southwest (Area 4) is also preserved for open space and recreational uses. It matters little whether the land is owned by the Town, the Conservation Commission, or the County, provided adequate safeguards assure that the landlyill remain unde- veloped and that the public will be allowed free access.‘ 1 An important element of this plan would be to provide access and agress to Zone 4 from Walnut Street, via a pedestrian way along the northern sec- tion of Zone 2. (1) Lexington Conservation Commission Comments, para. 1, p. 1, May 21, 1974 556 Selectmen's Meeting May 29, 1974 Zone 4 The Recreation Committee has expressed a need for recreation land in the Concord Avenue area for several years. The major problem with Zone 4 is that there is no direct access from Lexington to the site. The Plan- ning Board recommends that the site be identified as park or passive recreation land for the present, with the option to develop active recrea- tional facilities such as ball parks, swimming pools, tennis courts, etc. as the demand for these facilities increases. If necessary in the future, a street or pedestrian path could be devel- oped from one of several points (Waltham Street, Concord Avenue, or Walnut Street) to service the area from Lexington. If other sites are found in the Concord Avenue area, or if the demand for active recreation is satis- fied elsewhere, the site could remain as a park. A recreational facility at this location would serve a regional need and therefore, should be developed and maintained under the control of the County, M.D.C. or other regional organizations, in collaboration with Lex- ington and Waltham." Mrs. Lois Brown, Planning Board: Our report endeavors to discover what is the role of the County on regional services, and it makes recommendations on the use of surplus land. The Planning Board staff has given us some more information than is on the J.G.A. map such as vegetation, land boundaries, conservation land, and that we have areas steeper than 15 percent. Accord- ing to Justin Gray Associates, there are 108 acres, most of which is in Waltham but it is safe to say almost half of it is in Lexington. They recommend that Zone 1 remain in regional health use, and the Planning Board feels that is a good recommendation. Zone 2 is recommended for public ser- vices uses and the future possibility of subsidized housing. We feel it is a good recommendation but the principal objection would be that Walnut Street would have to be widened. The Planning Board agrees with J.G.A.'s future plans for land; it could be land bonded for future use. We would assume that any housing built in Lexington or Waltham might meet RH mini- mum standards, and that Lexington has thoughts about certain design re- quirements. About Zone 2, I would add that it abuts open space, and we feel definite provision should be made for a service road or a pedestrian easement from this side. Zone 4: The area reaching into Waltham is relatively flat and the recommendation of J.G.A is for open space or parkland/conservation land bank. The need for this land is not evident at this point. It has access to Trapelo Road. It is a regional proposal and subject to regional re- quirements. The burden of development should not lie on Lexington alone and should be shared with Waltham or taken over by some regional agency. We raise the point that the use of that should be regional and the cost distributed in some way. 1 1 Selectmen's Meeting May 29, 1974 The Conservation Commission report offers good notes and we agree with them, and with J.G.A., and with the additional points I have made. Chairman Kenney to Mrs. Rawls, Conservation Commission: We have received the report from the Conservation Commission and we agree pretty much on how the land should be used; we have gone into regional uses. Mrs. Frick has sent us a memorandum stating that the Conservation Commission would like to (1) preserve the wooded area 3 in its natural state, (2) con- sider the open meadows of 4 for playing fields, (3) urge that financial arrangement and ownership be further explored. That is the common consensus. Mr. Busa: I think the report is quite conclusive and I agree except for the part set aside for the housing authority at this time or in the future. A study should be made of the density. It was the concensus of Town Meeting to try to have limited density. Mrs. Brown: We keep thinking of RH density as 18. The way the zone is written is obscure. Really, maximum density is 12. The idea was that it could be raised up to 18 by the Board of Appeals. If a proposal is set down in the middle of a lot of conservation land, there could be a set of circumstances to justify it higher, up to 18; there are conditions written in up to 18. Mr. Busa: Present and past Town Meetings were concerned about the density of multiple units; that was the biggest question to the Planning Board. Mrs. Brown: We can take it under advisement. Chairman Kenney: You are getting beyond the reports. You are say- ing that special consideration be given to housing, and we would not dis- miss the idea. Mr. Briggs, Planning Director: J.G.A. wanted it more broadly and didn't want to get into specific details. J.G.A. would like to have a copy of this report. We would like to know if you would want to transmit this to the Town and to them. Mrs. Battin: We will send them the report of the Planning Board and the input by the Conservation Committee, and also inform them of the point made by Mrs. Brown of the burden of development. Mr. James Reilly, 25 Walnut Street: I would like to go on record in favor of the use of Region 2 on low and moderate income housing. Chairman Kenney: We will write to J.G.A. and enclose the reports of the Planning Board and the Conservation Commission, and inform them that we are substantially in agreement with both of the recommendations. We will emphasize the point that in the event there are any financial require- ments for the development of regional parks or other facilities, we would strongly feel that these costs should be shared on a regional basis, even if the facility were located in the Town of Lexington. Members of the Planning Board and the Conservation Commission retired from the meeting. 558 Transfer Requests Firefighters Examination Review Board LCSR Nominees Masterworks Chorale Cary Hall Bicentennial Selectmen's Meeting May 29, 1974 Mr. O'Connell discussed the need for transfers and recommended that the Board request approval of the Appropriation Committee. Upon motionduly made and seconded, it was voted to request the Appropriation Committee for approval of transfers to the following accounts: Account 3450 -Rabies Clinic -$220 for unanticipated increases in the cost of vaccine, advertising, postage and printing, additional help at Rabies Clinic, heads sent to laboratory. Account 2940 -Metered Mail -$2,250 for mailing of 15,000 motor vehi- cle excise tax bills and 10,000 real estate tax bills to be mailed in June. Account 2935 -Office Service/Copier _ Supplies -$1,550 for increased cost in paper; also, extra use during Town Meeting for budgets and motions. Account 8525 -Interest on Tax Anticipation -$1,450 for increase in interest rates unanticipated when budget was formulated. Account 1950 -Elections Town Clerk -$2,500 for Special Referendum on Town Meeting Articles. Account 1125 -Fire and Police Medical -$1,650 in medical bills for two firefighters, K. Kelley, Jr. and Francis Belcastro. Chairman Kenney: The Appropriation Committee has approved $10,000 of the $17,000 transfer request to Account 3800 -Police Department Expense. Mr. O'Connell informed the Board that 36 applicants have taken the ' written examination for two positions open in the Fire Department. We are now proceeding with agility tests. He recommended that Selectmen Bailey sit in as a member of the Review Board and, because of the Town Manager's heavy work load, he has asked David Hughes to represent him. Mr. Bailey agreed and is to contact William Fitzgerald to ask if he will participate as a member of the Review Board. Mr. O'Connell submitted two nominees for appointment to the Lexing-. ton Commission on Suburban Responsibility: Marguerite Bateson, Library employee, and renomination of Edward Silva, Fire Department employee. The Board accepted the nominees to be appointed at a later date. Mr. O'Connell informed the Board that the Masterworks Chorale has requested the use of Cary Hall on Sunday evening, April 20, 1975, for a concert, in addition to a rehearsal on April 12. The Bicentennial Committee has requested that Cary Hall be reserved for them up to the middle of the afternoon of April 20 in case of inclement weather. It J9 Selectmen's Meeting May 29, 1974 is recommended that Mr. Robert Tarlin, Bicentennial Director, work out a written agreement with the Masterworks Chorale for the use of Cary Hall for a rehearsal on April 12 and a concert at 7:00 p.m. on Sunday, April 20, 1975. The Board agreed that Mr. Tarlin is to workout the details of a written agreement with the Masterworks Chorale. Mr. O'Connell informed the Board of a request from a candidate for the Governor's Committee to campaign at the sanitary landfill on next Saturday morning. Chairman Kenney: Traditionally, we have allowed it as long as it didn't interfere with the free flow of traffic. The Board agreed. Chairman Kenney requested the Board to sign the Order of Construc- tion of Sewer on Holland Street. Upon motion duly made and seconded, it was voted to sign the Order of Construction of Sewer on Holland Street, a public way, from Taft Holland St. Avenue to end, as shown on a plan entitled "Plan of Proposed Sewer in Order Holland Street, Lexington, Mass. Scale 1 in. = 40 ft., May 14, 1974, Contract James E. Chase, Town Engineer," to be recorded in compliance with the 73-6-E vote taken at the Annual Town Meeting held March 19, 1973. NOTE: Because of a public health nuisance, this sewer construction is to be continued through the easement to Mohawk Drive under an extra work order under Contract 73-6-E. Chairman Kenney read a request from the Conservation Commission for approval of the use of Whipple Hill land by Lexington Radio Amateurs on June 22 and June 23, 1974. Approval has been given for the Conservation part of the -land and the Selectmen must approve the additional section. Permit Upon motion duly made and seconded, it was voted to grant permis- Whipple sion to the Lexington Radio Amateurs for the use of the land at Whipple Hill Hill on June 22-23, 1974, subject to the conditions that there are to be no fires, no brush or tree cutting, and the area is to be left in clean condition. Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record, Attest: )27C-� Executive Clerk, SelectmeW 56() SELECTMEN'S MEETING June 3, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, June 3, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. Chase, Town Engineer; Mr. Martin, Assistant Town Engineer; Mrs. McCurdy, Executive Clerk, were present. Hearing was declared open upon petition of Itek Corporation to in- stall one 6,000 gallon underground tank for storage of gasoline on the premises at 10 Maguire Road, Lexington. Gasoline A notice of the hearing was inserted in the May 23, 1974 issue of Itek the Lexington Minute -man, and sent by certified mail by the applicant to Corporation the abutters, as listed on the records of the Assessors. Application was approved by Fire Chief Spellman, after inspection of the proposed location of the underground tank. Mr. Robert A. Silk, representing Itek Corporation, was present, and said that the 6,000 gallon tank would be buried underground in accordance with the regulations set forth by the Fire Chief. The gasoline is to be used for company vehicles, not for re -sale. Chairman Kenney: The plan meets with the Approval of the Fire Chief and he has informed us that no capsule is necessary. Mr. Brown and Mr. Bailey felt that the tank should be encased because of the wet area and the possibility of leakage. Mr. Silk agreed that the underground tank would be encased in a plastic capsule. 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 permission to Itek Corporation for the installation of a 6,000 underground gasoline tank on the premises at 10 Maguire Road, subject to the condition that the tank be encased in a plastic capsule. Hearing was declared open on the petition of the Boston Edison Com - Boston pany to install conduit and manholes on Spring Street and Hayden Avenue. Edison Notices of the hearing were sent to abutters, as shown on the Conduit Assessors' records, and filed with the Director of Public Works/Engineer- ing. Spring St. Chairman Kenney read a recommendation from Mr. Coscia, DPW Manager, Hayden Ave. stating that the Boston Edison Company is proposing to install conduit and manholes in Hayden Avenue for the purpose of providing electrical service to W.R. Grace Company. This department has reviewed the location and recommends that the Boston Edison be granted permission to install conduit and manholes with the condition that the working hours be 9:00 a.m.-3:30 p.m. Also, 1. In the event of changes that may occur to the electrical service for the Hayden Avenue Pumping Station, the Town of Lexington will not be responsible for any additional costs. 561 Selectmen's Meeting June 3, 1974 2. Boston Edison Company must provide electrical leads for proposed street lighting. 3. Boston Edison Company must receive permission from the State Department of Public Works for that portion of Hayden Avenue that is State highway. Mr. Louis Jones, representing the Boston Edison Company, said that this petition is for a duct line of fibre pipe, and we will come around the corner in the grass and not open the pavement. When installed, the existing pole line will be removed and, at that time, we have an Order from the Town to install thirteen lamp posts, which will feed out of the same line. We are going to pick up the load for the industrial area, and once the fibre pipe is in the grass we will go overhead so that the load in Hayden Avenue will be supplied from the Waltham station. Mr. Bailey: Essentially, it is overhead, out of the manhole? Mr. Jones: Yes. The concrete lamp posts will be spaced 200 feet apart. During construction, the driveways will be plated over for ac- cess. Chairman Kenney: Do our DPW restrictions bother you? Mr. Coscia recommends that there be no additional cost to the Town. Mr. Jones: No problem. I have discussed this with them, and I have met with District #4 (State) Engineers and they are in agreement. The only thing we have yet to do is give the State an environmental re- port. Chairman Kenney: Is there anyone in the audience in favor or in opposition? Mr. Van Boughton, representing W.R. Grace Co., said that this peti- tion stems from a long series of negotiations with Boston Edison. It had been our desire to have as much wiring as possible underground, and I understand the Town put the service to the pumping station underground. Kennecott Copper was anxious to get the poles removed. The difficult thing is that Edison refused to put underground in and we had a hearing on poles, at which time the petition was tabled because we felt we were going to work out something with Edison, and the cost of this work is being borne by Kennecott Copper, Burroughs, and W.R. Grace. I had a question about the cost of reconnection to the pumping station, and the Engineer's report says at no expense to the Town. It was my understand- ing the Town was willing to pay that cost. I don't know what it is and so I can't talk about it. Mr. Martin, Assistant Engineer: I discussed it with Mr. Coscia and he did tell me that he worked things out with Edison. Mr. Jones: He took the position where we are allowed to tap into the manhole. The Company said it would pick up the cost to the manhole. What the cost would be, I don't know. Mr. Bailey: As far as you know, it is acceptable? 5 2 Selectmen's Meeting June 3, 1974 Chairman Kenney: You weren't expecting the cost? Mr. Boughton: No. It might be a matter to hack out with Edison. Chairman Kenney: Is there anyone present in favor or in opposi- tion? Mr. Van Boughton, W.R. Grace Co., and Mr. Lloyd Grace, Kennecott Copper, were recorded in favor of the petition. Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company for the following location of the installation of conduit and manholes: Spring Street, at and northerly from Hayden Avenue, a distance of about 165 feet - Conduit. Hayden Avenue, at and easterly from Spring Street, a distance of about 2,355 feet - Manholes and Conduit. Hayden Avenue, southerly, approximately 630 feet east of Spring Street, a distance of about 18 feet - Conduit. Hayden Avenue, northerly, approximately 980 feet east of Spring Street, a distance of about 5 feet - Conduit Hayden Avenue, northerly approximately 990 feet east of Spring Street a distance of about 5 feet - Conduit. Permission was granted subject to the following conditions: 1. In the event of changes that may occur to the electrical ser- vices for the Hayden Avenue Pumping Station, the Town of Lexington will not be responsible for any additional costs. 2. Boston Edison Company must provide electrical leads for pro- posed street lighting. 3. Working hours shall be 9:00 a.m. to 3:30 p.m. Boston Hearing was declared open on the petition of the Boston Edison Com Edison pany to install conduit and manholes on Spring Street at and Northerly Conduit from the Waltham -Lexington Town Line, 805 feet, more or less. Spring St. Notices of the hearing were sent to abutters, as shown on the -. Assessors' records, and filed with the Director of Public Works/Engineer- ing. Chairman Kenney read a recommendation from Mr. Coscia, DPW Manager, stating that the Boston Edison Company is proposing to install conduit and manholes in Spring Street for the purpose of providing electrical service to W.R. Grace Company. This department has reviewed the location and recommends that the Boston Edison be granted permission to install conduit and manholes with the condition that working hours shall be 9:00 a.m. to 3:30 p.m. Chairman Kenney: This petition is in conjunction with the previous one just voted. Selectmen's Meeting June 3, 1974 Mr. Van Boughton, W.R. Grace Company, and Mr. Lloyd Grace, Kennecott Copper, were recorded in favor of the petition. No one else 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 Boston Edison Company for the following location of conduit and manholes, subject to the condition that working hours be from 9:00 a.m to 3:30 p.m.: Spring Street, at and northerly from the Waltham -Lexington Town line a distance of about 805 feet -Manholes & Conduit. Mr. O'Connell recommended that the Board award the contract for sani- tary sewer construction on Wyman Road Interceptor, Lincoln Street, Wyman Road to Somerset Paving Corporation, Somerset, Mass., as low bidder in the amount of $122,845.03. Authority for this work is contained in the appro- priation under Article 20, 1973. He informed the Board that the Town is on a good construction timetable regarding sewers. Upon motion duly made and seconded, it was voted to award Contract 73-13-E to Somerset Paving Corporation for the construction of sanitary sewers in the amount of $122,845.03. Mr. O'Connell showed sketches of signs for the identification of the Cary Memorial Building, and recommended that the Board meet with the Trustees to discuss their preferences. The Board agreed that Mr. O'Connell is to talk with one of the Trustees regarding the wording of the signs, to get some architectural advice before the Board meets with the Historic Districts Commission, and to investigate funding for the signs. Chairman Kenney read a memorandum from Mr. John J. McSweeney, Direc- tor of Public Works/Engineering, stating that approval has been received from the County Commissioners for an additional allotment in the amount of $9,500.00 for the East Street Chapter 90 Reconstruction Project, as requested by the Selectmen in their letter of January 3, 1974 to Dis- trict 4 Mass. Department of Public Works, "Pursuant to your request re- garding the funding of the East Street Chapter 90 Project, please be advised that the Board of Selectmen at their regular meeting of December 13, 1973 voted to approve the transfer of $9,500 to supplement funds previously appropriated for the reconstruction of East Street at a point of about 200 feet east of Lowell Street (Sta. 6 + 65-) and extending in the westerly direction to Grant Street (Sta. 37 + 501). This has been concurred by the Appropriation Committee at their regular meeting of January'2, 1974." Chairman Kenney read a recommendation from the Director of Public Works/Engineering to abate water liens. Upon motion duly made and seconded, it was voted to sign the abate- ment of the following water liens: r-ibt, (1)tB Contract 73-13-E Sanitary Sewers Signs Cary Memorial Hall East St. Chap. 90 Addition- al Allot- ment Abate- ments Water Liens 564 Selectmen's Meeting June 3, 1974 Raymond Barnes 59 Gleason Rd. $27.40 Richard Rebsted 29 Woodcliffe Rd. 95.55 Last billing period water meter read wrong by meter man -Account liened-Now adjustment to be made. It Mr. McSweeney also recommended an abatement of a water betterment assessment. Upon motion duly made and seconded, it was voted to sign the abate - Water ment of the water betterment assessment to Donald Edward Watson, 65 Reed Assess. Street, on Lots 73, 74, 75, 76 Garfield Street, in the amount of $150.00. Garfield The construction cost was borne by him. Street Upon motion duly made and seconded, it was voted to sign the list of water betterment assessments on Garfield Street. Resignation Chairman Kenney read a letter of resignation from Kingston L. Howard Bicentennial as a member and Chairman of the Lexington Bicentennial Committee. Committee Upon motion duly made and seconded, it was voted to accept, with re- gret, the resignation of Kingston L. Howard from the Bicentennial Committee. The Board discussed the proposal for the widening of Bedford Street. Chairman Kenney: Mrs. Renee Cochin, Richard Sullivan, and Robert' Proposal Whitman, Citizens Advisory Committee, are present but we are not asking to Widen for input at this time. Last Wednesday evening, May 29, we were all at Bedford Cary Hall for the presentation of TAMS (Tippetts-Abbott-McCarthy-Stratton) Street and the State Department of Public Works, and this proposal met with some disapproval. In fact, at one point it was .suggested to tell the State to forget it. We can't do that as we recognize that we have a traffic prob- lem, and if we feel there are no other alternatives, we may have to get down to Schemes A and B. I think the direction from the Board would be to review the entire proposal. Mrs. Battin: I would suggest the recommendation which came from the Planning Board. Chairman Kenney read the following recommendation of the Planning Board: "The Planning Board has reviewed the TAMS proposals for the recon- struction of Bedford Street. Our principal concern about both.alterna- tives is that no serious attention has apparently been given to the possibility of a narrow service road on the north side to serve the homes which now front diredtly on Bedford Street. The problems which these residents suffer and which they create for passing drivers when they enter Bedford Street traffic, usually backwards, will only grow more acute if Bedford Street becomes wider and faster in this section. We recognize there may be design problems and, certainly, the addition of another service road to that contemplated by Plan B would increase the cost. These problems should be evaluated, however, and all design possibilities explored, before Lexington commits itself to either of ti Selectmen's Meeting June 3, 1974 the alternatives presented so far. Therefore, the Planning Board urges the Board of Selectmen to impress upon the Massachusetts Department of Public Works, as well as the consultants, the need for this further in- vestigation." Chairman Kenney: TAMS and the State did some investigation. Mr. Chase, Engineer: They didn't investigate going down to the Armory. Mr. Brown: It seems to me they have never considered moving Bedford Street over; we have 300 ft. on the south side and the State and consul- tants have never discussed moving Bedford Street bodily. Mr. Bailey: This was not the consultant's assignment. Mrs. Battin: I agree to recommend moving it. Mr. Brown: I think the plan would be much more feasible and it should be moved. Chairman Kenney: Yours is one suggestion. If these two plans are based on engineering data, you need storage capacity and six lanes for traffic. There are roads like Memorial Drive and Storrow Drive that have four lanes, and Memorial Drive has side friction. If, on an engineering premise, you have to have storage capacity, I would like to have it proven. Mr. Chase: They said traffic would back up on Route 128, and the residents said, "No." Chairman Kenney: They said we have to have three lanes or it would back up on Route 128. I think we have to examine and assign Police there. Also, to have someone from Traffic there to have a professional, detailed study on how many cars come out of Eldred Street, at how many seconds, etc. Mr. Martin: We did that a year ago. Chairman Kenney: We put a detail there and no one reported a back-up. Mr. Brown: A Police Officer could be a traffic light by being a timer; that experiment has not been done. That would give us a real time control and, also, if it backs up to Route 128. Mr. Bailey: Given a traffic flow, you can predict. I wouldn't want the Police to arbitrarily stop people. Mrs. Battin: They could have a stack -up lane. Mr. Busa: If you take Schemes A and B, if the critical point is at the bridge, they have already eliminated that. Chairman Kenney: Do you feel we could gather additional information by running a check for a week? Mr. Martin: By giving the count, there are ways to doit and it can be analyzed. Chairman Kenney: Has someone provided information to your satisfac- tion that traffic would back up? Mr. Chase: If they say so, I believe them. Mr. O'Connell: Has anyone in Engineering seen the consultant's data? Mr. Chase: Not to my knowledge. Mr. O'Connell: If you fellows haven't seen it, you are running thin. How good is his data? 566 Selectmen's Meeting June 3, 1974 Chairman Kenney: Hold an experiment and look at their data to ana- lyze it and if we don't have information, you go out and get it. See if we can answer the question as accurately as possible if the traffic would back up. Mr. Martin: You aren't talking about 1973 problems; you are trying to build a road to solve problems in 1980. Chairman Kenney: Admittedly, yes, but we have addressed ourselves to the Hartwell Avenue Connector and, when built, that should take consider- able amount of traffic off the street. i don't think this road should necessarily be built with the idea that the Hartwell Connector not be built. It seems to me that a smaller scope of the road would be a vast improvement with the connector. Mr. Bailey: If we get the access road north of Bedford, what would it alleviate, if anything. Could people going West hook in so that the light would be shorter? And if it would carry the storage? Chairman Kenney: That is why we want to know more about the storage problem. Mr. Martin: I don't think it would be too much of a job to verify the figures that TAMS has. Chairman Kenney: Why not see what they have and if their figures are accurate. If we are not satisfied, we'll do it. We are asking for an- other conceptual aspect. . Mr. Brown: I agree with Mr. O'Connell that we need their numbers. Mr. Martin: We agree with the Planning Board. Mrs. Battin: Can't we refuse both of these proposals altogether? Chairman Kenney: Yes, but it is encumbent upon us to request that other ways are explored which would help the traffic problem. Chairman Kenney read a letter from Attorney David Murphy of the law Lot 91 firm of Russian and Barton regarding Lot 91 at the corner of Valleyfield Valleyfield Street and Grassland Street, which is owned by Joseph William Tripi, Jr. Brook and Robin Marie Sokow. The letter states that"for many years, indeed from time immemorial until some time five or six years ago, there existed a ditch which ran across Lot 91 along the rear line of the lot. The course of the ditch is clearly shown on a_. recorded plan. However, at some point in the recent past the Town was dredging the area and inad- vertently altered the course of the ditch such that presently it runs across the middle of Lot 91. My clients have purchased Lot 91 with the intention of constructing a home on the site. All necessary permits have been obtained. We have been heard by the Conservation Commission and are awaiting their Hatch Act approval of our proposal to have the course of the ditch re -altered back to substantially its original course in the rear of the lot. My purpose is to request your Board to issue appropriate orders for the performance of the work by the Town and the payment by the Town of the costs involved. The original alteration of the ditch was inadvertent Selectmen's Meeting June 3, 1974 and improper. I suggest to you that the Town accept, its, responsibility in this matter is the only logical and just course." Chairman Kenney read a letter from the Director of Public Works/ Engineering to Attorney Murphy stating that " The Town regrets to inform you that it can neither relocate brooks at the request of indivi- dual citizens nor bear the expense for such work. Chapter 263 of the Acts and Resolves of 1926 gives the Town of Lexington, through its Board of Selectmen, authority to alter water courses as it deems necessary. If your client wishes to alter the brook course, it is suggested that he re- quest, by writing the Selectmen, permission to relocate the brook. With this written request must be submitted an acceptable plan and profile of the work to be done. While not required by law, the Town is most inter- ested in obtaining permanent brook maintenance easements along all of its brooks. Such easements, it is felt, will serve the future interests of the Town and the land owner by firmly setting the course of each brook and by giving the Town the unquestionable right to enter privately owned land in the interest of the Town. For that reason the Department of Public Works/Engineering requests that you consider granting an ease- ment at no cost to the Town. Its width and location would be decided by mutual agreement. We must point out that all relocation work must be done entirely within the property lines of Lot 91 unless agreements are made with the abutters. Finally, the Town will not bear the expense for any of the work...." Mr. O'Connell: Attorney Russian came to see me and said that about 5 or 20 years ago, the Town did something to the brook and the course was changed. Because it was changed, the owner needs to do something about the problem. Chairman Kenney: Mr. McSweeney said that the Town didn't alter it, and our answer will be that, to the best of our knowledge, DPW did not alter the course of the brook. Therefore, we feel it is encumbent upon his clients to make whatever changes are desired on their own. This, of course, would be subject to conditions outlined in Mr. McSweeney's letter to Attorney Murphy. The Board agreed. Upon motion duly made and seconded, it was voted to approve the min- utes of the Selectmen's Meetings held on January 14, May2, and May 6, 1974. The Board discussed the vacancy existing on the Associate Membership of the Board of Appeals. Mrs. Battin moved and Mr. Bailey seconded the motion that Mrs. Natalie H. Riffin be appointed. Upon motion duly made and seconded, it was voted to appoint Mrs. Natalie H. Riffin an Associate Member of the Board of Appeals for a term of office to March 31, 1975, effective immediately. Minutes Appt. Board of Appeals Associate Member Q 68 Selectmen's Meeting June. 3, 1974 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 secu- rity, the financial interests of the Town, or the reputation of a person. After discussion of a matter concerning Hinchey Road, and matters concerning the financial interest of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:40 p.m. A true record, Attest: Executive Clerk, Selectmen- SELECTMEN'S MEETING June 17, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, June 17, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Hearing was declared open upon application of the Rowe Realty Trust to install one 10,000 gallon underground tank for the storage of gasoline on the premises at 41 Bedford Street, Lexington. Gasoline A notice of the hearing was inserted in the June 6, 1974 issue of Rowe Realty the Lexington Minute -man, and sent by certified mail by the applicant Trust to the abutters, as listed on the records of the Assessors. Application was approved by Fire Chief Walter Spellman after he had inspected the premises and reported that the plans have met all re- quirements of the State and N.F.P.A. for this type of installation. Chairman Kenney read the letter of application from Attorney Frederick Conroy stating that Rowe Chevrolet, Inc. and Rowe Leasing, Inc. have approximately 50 vehicles registered for everyday driving use. In addition to providing fuel for these vehicles, the company provides fuel for new and used vehicles sold and also in the repair of many damaged vehicles. During the recent shortage of gasoline the company business was hampered and on occasion had to go to Cambridge to obtain the neces- sary gasoline. Attorney Conroy: The tank will be located at the rear of the older garage property. The complex consists of three buildings and this would be at the building at the left. Chairman Kenney: If a client came in for repairs and asked for gasoline, would you supply it? Attorney Conroy: No, but we would if he were out of gas. It is not for sale to the general public. There are daily rentals with full tanks of gas. Chairman Kenney: I understand that in the past you would use the gas station you used to own. Attorney Conroy: Yes. They gave it up five years ago and there is no connection between the two operations now. No one appearing in favor or in opposition, Chairman Kenney declared the hearing closed. Mr. Bailey: Is there any reason to encase the tank in plastic? Mr. Busa: No. Mr. Brown: This is fairly high land; it is high and dry. Attorney Conroy: It is not near a brook. Upon motion duly made and seconded, it was voted to grant permission to Rowe Realty Trust for the installation of a 10,000 gallon underground gasoline tank on the premises at 41 Bedford Street, Lexington. 510 July 4 Carnival (Lions Club Selectmen's Meeting June 17, 1974 Mr. O'Connell discussed the request of the Lions Club for a permit to conduct the July 4th carnival. We have drawn up a set of conditions as a result of a meeting with the Lions Club. With minimum changes, these are comparable with those of last year's carnival, which was suc- cessful without fireworks. Chairman Kenney: Due to the tragic accident in Charlestown recent- ly, our Building Inspector should look it over. Mr. O'Connell: Inspections are a matter of the State Department of Public Safety. There is supposed to be a certificate, similar to an elevator permit. We will have this checked out. Chairman Kenney: Whoever is responsible, we would_. all feel better if some one in our Town checks the certification so we will know that the equipment is in good condition. Mr. O'Connell: We will look into it, and will also check out the insurance. Upon motion duly made and seconded, it was voted to grant permis- sion to the Lions Club to conduct a carnival in the Town of Lexington for three days, July 2, 3, 4, 1974, subject to the following list of conditions outlined by the Town Manager: "CONDITIONS APPLICABLE TO LIONS CLUB PERMIT Duration and Daily Hours Carnival will be limited to 3 days, i.e. Tuesday, July 2 from 6:00 P.M. to midnight Wednesday, July 3 from 6:00 P.M. to midnight Thursday, July 4 from 10:00 A.M. to midnight Set up and Dismantling Time Schedule Equipment trailers or similar facilities of the Carnival operator, his employees or concession operators, cannot use the site before noon, Sunday June 30. Set up operations may be conducted 9:00 A.M. to 9:00 P.M. Monday, July 1. All items must be removed from the site and the area cleaned by 7:00 P.M. Friday, July 5. Public Events Fireworks displays are to be omitted completely. Should the Lions Club elect to include a band concert, it should be concluded not later than 10:00 P.M., additional approval is not required. Layout A layout of the area to be used for rides, sales tents and other amusement facilities shall be furnished by Mr. Flynn (carnival operator) 57.1 Selectmen's Meeting June 17, 1974 to Paul Mazerall by June 15 for the review and approval by D.P.W. and the Police Department. This layout shall show all entrances and exits. The maximum number of amusement and sale units to be permitted will be established from the layout. The layout shall be accompanied by a list of the mobile homes, trailers, or similar units for housing or service support which will be on the grounds or nearby town or school department property during the period of the permit. The location of these units, including empty trailers, must be shown along with indications of water supply, toilet facilities, and electric power. The arrangements for these mobile tem- porary living units must be approved by the Health Department in advance. Caution: Any such units which do not meet Lexington requirements or are in unacceptable, unauthorized locations will have to be removed from the Town promptly upon notification. The sponsors (Lions Club) will be required to provide for collec- tion and removal and disposal of all garbage and rubbish. The plans for handling this must be submitted to and approved by the Board of Health. The entire area must be thoroughly cleaned up after the carnival. Simi- larly, the plans for provision of toilet and handwashing facilities must be submitted to the Board of Health for approval. Security and Use of Area A night watchman must be supplied at no cost to the Town from the hours of 11:00 P.M. to 8:00 A.M. from July 1 through July 4. This man will provide key access to public toilets for use by car- nival personnel. No tent camping or similar outdoor housekeeping will be permitted. Equipment must enter and leave the area from the parking area next to the swimming pool and the end of Park Drive only. No equipment can be set up on the. infield of the hard ball field. Quiet must be maintained after midnight. Noise which disturbs the nearby residents will not be tolerated. General Illegal gambling in or near the carnival area at any time will not be tolerated. Any concession at which gambling is detected will be closed immediately and those responsible will be prosecuted. There will be no exceptions or first warnings. Prices for all rides, games and other amusements, and for articles offered for sale must be filed with and approved in advance by the Lions Club. All prices must be prominently displayed. Prices for rides or i2 July 4 Band Con- cert Battle Green Garbage Contract Selectmen's Meeting June 17, 1974 games which operate on a time basis must state Tht Lions Club must submit a plan for insuring tect customers from overcharging. This should complaints. Violations of the price agreement of the concession. the applicable time period. compliance pricing to pro - include a plan for handling will be a basis for closing The Town of Lexington reserves the right to revoke the permit if the terms under which it is granted are violated or if the safety of the pub- lic should be endangered by conditions outside of or beyond the Town's control. Before any equipment is placed on the site, Mr. Mazerall is to be contacted by Mr. Flynn for an inspection of the condition of the area." Mr. O'Connell informed the Board that a request has been received for the use of the Battle Green for band concerts. Plans are being discussed for the formation of a band to play during the Bicentennial and, if organized in time, to give a concert on July 4 at 7:30 p.m. The problems identified are for funding and Town approval. Funding would be a Bicentennial Committee matter as this would be held under their sponsorship and permission would be given by the Selectmen. I would point out that July 4 is a carnival evening and the Lions. Club might possibly be interested in aiding in the sponsorship. I would caution the Board not to give permission for next year until we see how it goes this year. Upon motion duly made and seconded, it was voted to grant permis- sion to the Bicentennial Committee to sponsor a band concert on the Battle Green on July 4, 1974 at 7:30 p.m. Mr. Busa: Check with the Lions Club to see that it doesn't con- flict with them. Chairman Kenney: That would be up to the Bicentennial Committee. Mr. O'Connell: I will indicate to the Bicentennial Committee that the Board will withhold judgment regarding next year. Mr. O'Connell discussed the garbage contract. It is my feeling, in view of the citizens' expression at the referendum, that it will be at least two years before such an undertaking will take place and it would be in the Town's interest to take the three year contract. Chairman Kenney: I concur. It was demonstrated that it was some- thing the citizens did not want but we have an obligation to proceed as to recycling. I would ask the Selectmen to appoint a subcommittee to study paper and trash collection. Insofar as the garbage contract, we should take advantage of the bid for three years. Upon motion duly made and seconded, it was voted to award the gar- bage contract to Stanley Roketenetz, Inc., for a period of three years at the following amounts: Selectmen's Meeting June 17, 1974 From July 1, 1974 to 6/30/75 From July 1, 1975 to 6/30/76 From July 1, 1976 to 6/30/77 $82,000.00 84,000.00 86,000.00 Mr. O'Connell asked the Board to approve requests to the Appropria- tion Committee for transfers from the Reserve Fund. If we find we can reduce the amounts by June 24, which is when the Appropriation Committee meets, I will meet with Mr. McSweeney and adjust them down. If not, the Board will have given the Chairman authority to approve the requests in case of an emergency. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the requests to the Appropriation Committee to approve transfers from the Reserve Fund for the following accounts: Account #5900 Account #5250 Account #5700 Account #5600 Account #5500 - Water Maintenance -$6,000: For outstanding purchase orders and estimated expenditures. - Town Building Maintenance -$11,000: Outstanding pur- chase orders, Boston Edison Company, Boston Gas Com- pany, New England Telephone, estimated expenditures. Sewer Maintenance -$9,000: Outstanding purchase orders, Boston Edison, New England Telephone, estimated ex- penditures. - Street Lights -$17,000: Boston Edison Company. - Traffic Regulations and Street Signs -$15,000: Out- standing purchase orders, Boston Edison Company, esti- mated expenditures. Mr. O'Connell requested approval of the Board for an extra work order, under Contract 73-11-E, to C.E. Maguire Inc. for further hydrau- lic calculations for work on the Tophet Swamp. This came about as a result of requests by the Department of Natural Resources and the Lex- ington Conservation Commission after the review of our operational study prepared for the Massachusetts Department of Public Health for the Hartwell Avenue Sanitary Landfill. The proposal is for an upset limit of $1,200, which is available under Article 28 of the 1973 Annual Town Meeting. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to issue an Extra Work Order to C.E. Maguire, Inc., under Contract 73-11-E in an amount not to exceed $1,200. Mr. O'Connell informed the Board that a request has been received for a block party to be held on Carley Road on August 11, 1974. The Board had no objection. Mr. O'Connell informed the Board that a request has been received from Mr. McSweeney for the Board to sign a release form submitted by i') Transfer Requests C.E. Maguire Extra Work Order 73-11-E Sanitary Landfill Tophet Swamp Permit Accident Release 74 Selectmen's Meeting June 17, 1974 • the American Policyholders Insurance Company in full settlement of $529.63 for damage to Town property by Robert J. Grant, 36 Taft Avenue, Lexington, as a result of an accident on April 28, 1974. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Release of All Demands in the amount of $529.63 concerning the accident involving Robert J. Grant, 36 Taft Avenue, Lexington, on April 28, 1974. Mr. O'Connell requested and received approval of the Board for a Old Belfrey sign to be made with the lettering, Old Belfry, at a cost estimate of Sign $100.00. Preliminary approval has been given by the Historic Districts Commission. The Board approved the request for the Old Belfry sign. Mr. O'Connell advised the Board that the Police Department had a Youth difficult time with disturbances on graduation night and again on Satur- Vandalism day night. There were two parties on Wednesday night, one at Willards Woods with 50-100 youths, and the other at Gold Ribbon Farm, where they broke down the barrier and trees, and did damage to the nursery windows; 14 arrests were made. It was necessary to. have 20 policemen on duty that night. An attempt to burn the Maple Street bridge was thwarted by alert policemen. On Saturday night, the police were called to a party on Columbus Street attended by many under 17 years of age. They had to call for assistance from Bedford, Arlington, and the State Police, and 7 arrests were made; one youth escaped and surrendered in Rhode Island. One officer was injured and received hospital treatment. The situa- tion is getting worse and the make-up of the groups is getting younger. The normal complement of police officers can't handle it and citizens should be told that it is getting out of hand. Chairman Kenney: I agree. On three, separate occasions, Police cars have been stoned, have had beer bottles thrown at them, and offi- cers have been subjected to foul language. These youngsters are from Lexington, not from out-of-town. Chief Corr said it is getting beyond all proportions and police officers are getting tired of it. I think we should appeal to parents to know where the youngsters are and where they are going. Itis disgraceful in this Town. Mr. O'Connell: I have personally witnessed the events and it is not being overstated. The Police have to leave 1 or 2 men in the cruisers or they will be severely damaged. Chairman Kenney: The Selectmen endorse and appeal to parents to discourage these disgraceful acts, and we are considering the advis- ability of publicizing the names where it is legal. Mr. O'Connell: Parents have no desire to pursue the matter. Chairman Kenney: The Selectmen have been invited by Chief Corr to take a ride in the cruisers on Saturday night, and I urge all mem- bers to take advantage of his offer. Selectmen's Meeting June 17, 1974 Mr. Robert Bowyer, Chairman of the Town Meeting Members Association, met with the Board to discuss a change in the 1975 Town Meeting date. Chairman Kenney: I sent a memo to all concerned, and the Appro- priation Committee is more interested in the budget schedule. The Town Manager feels that we did not get as much benefit as we expected by TMMA delaying the start of Town Meeting by two weeks last year. The later Town starting date only served to extend the time period during which the Meeting unresolved questions remain unresolved. He recommends that we start Date on March 10, 1975, one week earlier; in future years to go back to the previous starting schedule of two weeks after the Town Election Day. The Planning Board recommends that we return to the old pattern, but to consider the possibility of scheduling a special town meeting to deal with matters which do not affect the tax rate. Mr. Bowyer: The issue, apparently, is how to deal with the prob- lems during the next two Bicentennial years. We discussed this and voted unanimously .to -request the Selectmen to consider, for 1975 and 1976 only, deferring or scheduling a separate Town Meeting in the fall or early winter, such as January, all possible deferrable items of non- financial nature; anything that would not carry on appropriation. There is a strong feeling not to have sessions on three nights a week. Also, 7:45 p.m. is a good time to start, provided we start on time. Chairman Kenney: We recommend that the coffee break be discon- tinued. Mr. Bowyer agreed. We felt that two good meetings a week were better than three, and gave Town boards time to get their work done. Mr. Bailey: Have you discussed Saturday or Sunday sessions? Mr. Bowyer: That would be out because of religious significance, but if there is a time pressure next year, then we might consider Satur- day or Sunday. It would be better than having people two or three additional nights a week. Chairman Kenney: We could do it on a Sunday afternoon. Mr. Cohen: No, because of the Sunday Blue Laws. Mr. Bowyer: Another item, there is continued sentiment for some sort of recording at Town Meeting sessions. Boards, officials, develop- ers, etc., make comments, and these are not recorded in any way. The feeling is that these records would be available to interested individu- als, and they could know what follow-up action could be taken. There are some members of the Executive Committee that feel we should have a written record of Town Meeting. Mrs. Battin: It has been the concern of TMMA for the past 10 years. The TMMA brought up the question this year of some way to see the impor- tant motions as they are brought up. Mr. Bowyer: It was discussed and the suggestion was made for one or more bulletin boards; especially, if Town Meeting members are going to have an amendment or a substitute motion. Also, the information tables seem to be cluttered, and you could have the old material in the lobby and new material only at the check-in desks. 5 G. Conservation Easement Emerson Gardens Realty Trust Selectmen's Meeting June 17, 1974 Chairman Kenney: The idea of an amendment being put up is good. We will take the matter under advisement. Mr. Bowyer retired from the meeting. Chairman Kenney requested the Board to sign the approval of the con- servation easement given to the Town by Emerson Gardens Realty Corpora- tion, as submitted by Town Counsel Cohen. Upon motion duly made and seconded, it was voted to sign the approval of the receipt of the deed for the conservation easement given to the Town of Lexington by Emerson Gardens Realty Corporation. "That EMERSON GARDENS REALTY CORPORATION, a Massachusetts Corporation having a usual place of business in Lexington, Middlesex County, Common- wealth of Massachusetts, for no consideration but as a gift, grants to the Town of Lexington, a municipal corporation of Middlesex County, Common- wealth of Massachusetts, (address of grantee: Town Office Building, 1625 Massachusetts Avenue, Lexington, Massachusetts), without covenants, a conservation restriction on the following described premises: That portion of Lots 11, 12, 13, 14, 15 and 16 on plan entitled "Emerson Gardens Section One Lexington, Mass", dated September 12, 1960, revised September 15, 1961, Fred A. Joyce, Surveyor, recorded in Middle- sex South District Registry of Deeds Book 9941, Page 536, which is located within fifty feet of the center line of Munroe Brook, as shown on said plan. That portion of Lot 10 located northeasterly of a line running northwesterly from a point on the property line between said Lot 10 and Lot 11 located 150 feet northwesterly from Emerson Road to a point on the line between Lot 9 and Lot 10 on said plan 264.16 feet northeasterly from said Emerson Road. That portion of Lots 8 and 9 on said plan located northeasterly of the center line of said Munroe Brook easement. The terms of this conservation restriction are as follows: that neither we nor our successors or assigns will perform the following acts or permit others to perform them, hereby granting to the Town the right to enforce these restrictions against all persons: 1. No building, sign, outdoor advertising display, fence, mobile home, utility pole or other temporary or permanent structure will be constructed, placed or permitted to remain on said parcel. 2. No sand, gravel, rock or other mineral substance, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or unsightly or offensive material will be placed, stored or dumped thereon. 3. No loam, peat, gravel, sand, rock, or other mineral resource or natural deposit shall be excavated or removed from said parcel in such a manner as to affect the surface thereof. 1 Selectmen's Meeting June 17, 1974 The foregoing restriction is authorized by G.L. c.184, s.31-33, and is intended to retain said parcel predominantly in its natural, scenic and open condition, in order to protect the natural and watershed re- sources of said Town. The restriction shall be administered by the Con- servation Commission of said Town, established under Chapter 40, s.8C, of the Massachusetts General Laws as amended. The conservation restriction hereby conveyed does not grant either the Town or the public any right to enter upon said parcel except as follows: 1. The grantor grants to the Town a permanent easement of access to enter said parcel, by its Conservation Commission, for the purpose of in- specting the premises and enforcing the foregoing restrictions and remedy- ing any violation thereof. The right hereby granted shall be in addition to any other remedies available to the Town for the enforcement of the foregoing restrictions. 2. The grantor grants to the Town a permanent easement to enter said parcel, by its Conservation Commission or its designees, to clear and clean Munroe Brook. The grantor grants to the Town with 9 and 10 located northeasterly of Munroe pass on foot for the purpose of fishing, study and to permit the Town through its and mark trails for said purposes. No documentary stamps are needed for this instrument, this conveyance being a gift to the grantee. Witness the execution and the corporate seal of said corporation this 1st day of June, 1974. respect to the portions of Lots 8, Brook an easement to pass and re - hiking, winter sports or nature Conservation Commission to clear Emerson Gardens Realty Corporation By William E. Maloney President William E. Maloney Treasurer APPROVAL BY SELECTMEN We, the undersigned Board of Selectmen of the Town of Lexinton, certify that we approve the receipt of the foregoing deed under G.L. s.8C, as it has been and may be amended, as requested by a Conservation Commission of the Town, for the protection of the natural and watershed resources of the Town. hereby c.40, vote of the Board of Selectmen (Allan F. Kenney (Fred C. Bailey (Alfred S. Busa (Sanborn C. Brown (Margery M. Battin 5 h Concord Ave. Realty Corp. Sewer Charges Executive Session Cary Library Parking Lot Selectmen's Meeting June 17, 1974 APPROVAL BY COMMISSIONER The Commissioner of the Department of Natural Resources hereby cer- tifies that he approves receipt of the within conservation restriction under G.L. c.184, s.32. Commissioner, Department of Natural Resources" Chairman Kenney read a report from the Director of Public Works/ Engineering, as follows: "With regard to the uncollected sewer charges in lieu of betterment that were to be assessed against the Concord Avenue Realty Corporation, we report the following: This corporation subdivided a parcel of land into four house lots and an open space parcel under a form A; subdivision control not re- quired. In order to make the house lots buildable a sewer was required and the developers requested permission to construct the sewer to the rear of the house lots parallel to Spring Street. Since this was not under subdivision control a betterment charge was to be assessed total- ing $3263.55 for the four lots. The sewer has since been constructed by the developer at no cost to the Town and they are now in the process of deeding the open space parcel and the sewer easement to the Town. In view of these facts, we would recommend that the sewer charges in lieu of betterment be abated." Chairman Kenney: This would be consistent with what we offered to Mr. Grammont (proposal to construct a sewer in Aaron Road area). The Board agreed. Upon motion duly made and seconded, it was voted to rescind the sewer charges in lieu of betterments which were previously assessed to the Concord Avenue Realty Corp. in the amount of $3,263.55. 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 the Planning Board on a matter of encroach- ment on Lowell Street, it was voted to go out of Executive Session. The Planning Board met with the Selectmen and the parking plan for Cary Memorial Library was discussed. Chairman Kenney read a letter from Mr. Fred C. Bailey, President of the Board of Trustees of Cary Memorial Library as follows: "We recommend that the spaces be allocated as indicated on the plan; the fifteen spaces in the rear of the lot would be for staff parking, and unmetered. The seven spaces opposite the entrance walk would also be unmetered and marked, "15 -minute parking --library use only." The re- maining twenty-six spaces would be metered. If the plan meets with Q�79 Selectmen's Meeting June 17, 1974 your approval, we hope that the Department of Public Works will be able to provide the necessary meters and signs, and to coordinate this work with the contractor." Chairman Kenney read a report from Mr. Kenneth Briggs, Planning Director, and Mr. Peter Chalpin, Traffic Engineer, recommending a standard parking stall of 18 feet x 9.6 feet; a roadway of 22 feet rather than 28 feet; loop system with entrance on the South end of the parking; several signs, including one each at the entrance and exit showing that Clarke Street is one-way. During the discussion, Dr. Clarke, Planning Board Chairman, said that the Planning Board felt there was a large number of parking spaces allocated to the staff, but conceded that fifteen spaces for a staff of twenty-five would not be too many. The Board of Selectmen and the Planning Board approved the plan, subject to additional recommendations. Upon motion duly made and seconded, it was voted to approve the plan for the parking lot of the Cary Memorial Library, subject to the following recommendations: 1. The plans show that the stalls vary in length from 14 feet to 18 feet throughout the lot. A standard parking stall of 18 feet x 9.6 feet is recommended. 2. The existing layout shows a road width of 28 feet, the recom- mendation is for a loop road with a width of 22 feet. The reduction in the width of the road will accommodate the needed increase in the length of the parking stalls. 3. The road should be a loop system with the entrance on the South end of the lot. 4. Several signs should be located on the lot, one each at the entrance and exit showing that Clarke Street is a one-way Street. The Planning Board and the Selectmen discussed the condition of the cul-de-sac in the Village Circle subdivision. Excerpts from a report of the Planning Director state that ". . . Village Circle was constructed under Section 33 of the Lexington Zoning By -Law, Planned Unit Development (PUD). Under this section, 25 percent of the land must remain undeveloped, and be granted to the Town for con- servation, outdoor recreation, or park purposes. The land within the cul-de-sac (21,698 eq. ft.) was part of the land set aside to meet PUD requirement of 25 percent open space. The Town accepted this land, designated as parcel "B" at the 1972 Annual Town Meeting under Article 72. An on-site inspection of the parcel shows that the circle has a 580 Selectmen's Meeting June 17, 1974 dish -like contour, with the low point in the center approximately 3 feet below the edge line of the road. There are 3 to 4 inches of standing water covering approximately 25 percent of the site. The rest of the site is stripped, with the exception of a small clump of trees at one edge. It is my opinion that the site should be mounded, creating a high point at the center 2 feet above the edge of the road, allowing any water caused by seasonal precipitation to drain into the catch basins in the road. The site should be landscaped with trees and evergreens that require only mini- mal care. This is no small matter and will be expensive. Assuming that the entire site will require 3 feet of fill to bring it to the desired con- tour, we are talking about approximately $7,230, before landscaping. This figure is not accurate, but provides an idea of what the cost might be. The question is whose responsibility is it to bring the circle to an acceptable standard? The developer might say, since the Town has accepted the land, it is now the Town's responsibility. The Town, on the other hand, may feel that it accepted a finished site, and it did not intend to accept a site that it had to expend $7,230 to bring to a condition, as de- scribed in Section 33, as conservation, recreation, or park land. This has been a source of irritation to the abutting residents, since the condition has existed for a year and a half, to this time. They feel that the aesthetic and environmental impact created by the unfinished condition of the circle has devaluating effects on their properties. This is a matter that both the Planning Board and the Board of Select- men should be made aware of, so that some resolution might be made with respect to responsibility for development and costs incurred." Dr. Clarke: The recommendation of the Park Department is $10,000. Beyond that, I understand there is not money in the budget, and it would wait until next year. The abutters have asked for specific design. Mr. Cohen: Would the developer do anything? No reply. Mr. Busa: How did this get by? Dr. Clarke: It didn't occur to us to put conditions on it. Mrs. Brown, Planning Board: There is another thing about it; there are two parcels at Village Circle, and we didn't accept the third. Chairman Kenney: When we get to Article time, let me know. Mr. McSweeney: For what purpose is the land accepted? For public purposes? No reply. Mrs. Battin: I talked with one abutter regarding agreement to forego the sidewalk. The developer might do the landscaping with money thus saved. Dr. Clarke: We explored that, but it would be treating the abutters unfairly. The Board of Selectmen and the Planning Board agreed to take the matter under advisement and to discuss the possibility of having an Article in the 1975 Annual Town Meeting Warrant regarding the project at Village Circle Rotary Island The Planning Board retired from the meeting. Selectmen's Meeting June 17, 1974 Chairman Kenney read a memo from the Traffic Safety Committee regard- ing Battle Green parking, stating that the Committee had discussed the letter from the Lexington Chamber of Commerce expressing their concern Battle about all -day parking around the Battle Green and suggesting this space Green be reserved for tourist: parking. As you know, the Committee has and Parking does recognize the parking problems in Lexington Center for the worker and tourist alike, and would like to see all accommodated. However, we feel that until some overall improvement can be made, no special areas should be set aside for tourists, as this action would only compound our existing difficulties. The Committee did vote to recommend to the Board that they advise the Chamber of Commerce to request employees to check the Town lot for parking availability before parking at the Green. It has been our experience that these employees park at the Green all day as a matter of convenience, rather than of necessity, since there is usually ample space in the Meriam Street lot at the time they arrive for work but it is a little further walk. Mr. Bailey: There are three churches around there with good-sized parking lots. Has anyone approached them to have parking spaces on their lots during the week? Chairman Kenney read a letter from Mr. Robert Tarlin, Bicentennial Director, stating "....I agree with the objective of eliminating all -day parking around the Battle Green in order to accommodate the more tran- sient parking of tourists, but believe it is too limited, especially in view of the greatly increased visitor expectations during the Bicenten- nial period of 1975-76. I recognize that parking should not be eliminated from all edges of the Green, plus the north side of Bedford Street (86 spaces) without an attempt to provide easily accessible, well -marked, alternate space for tourists." Mr. Brown: I don't think we have the facts as to whether all -day parkers are there and I would like to see the facts on how many there. are. The Traffic Safety Committee says there is no problem. Mr. McSweeney: We have spot-checked them and it averages about a dozen cars. It is only on Massachusetts Avenue, on both sides, between Harrington and Clarke Streets. They may be the Library construction workers. As Mr. Bailey suggested, it would be fine if they could use one of the church lots. Mr. Bailey: If you could put the buses behind the churches, also. Mr. O'Connell: I think the buses should be required to unload quickly and to into one of the church lots. Mr. Buse: Find out who the people are who work in the center and park there all day. Mr. McSweeney: It certainly could be looked into. Chairman Kenney: We should accept the recommendation for now and slate it for review after the Library lot is in use. Mr. Brown: I would still like to have the facts. 5S2 IStop Sign Request Muzzey & Forest Sts. Bedford Eldred Streets Sidewalk Parker li School Selectmen's Meeting June 17, 1974 Mr. McSweeney: We might eventually have to have 2 -hour limited parking. The Board agreed to accept the recommendation of the Traffic Safety Committee that the parking regulations around the Battle Green not be changed at this time. A letter to this effect will be written to the Chamber of Commerce and the Bicentennial Director, who will be requested to further investigate the possibility of using church parking lots in the Center. Chairman Kenney read a report from the Traffic Safety Committee in reply to requests from Mr. Penglis, 32 Muzzey Street, and Mrs. Beverly Kelley, 24 Forest Street, for a stop sign at Muzzey and Forest Streets, stating that the committee is in the process of collecting necessary data, such as intersectional traffic counts, accident data analysis, minor property surveys, etc. As soon as this is compiled, it will be submitted to the State Department of Public Works. Mr. Penglis and Mrs. Kelley are to be so informed by letter. Representative Cole met with the Board. The Board discussed a report from the Town Engineer regarding traffic counts at Bedford and Eldred Streets. "....as you know, there is no traffic light at Eldred Street and the Massachusetts DPW refuses to install one until three lanes in both directions are provided. Com- parison of the counts taken by TANS shows considerable increase in the .i morning peak, with no little change in the afternoon figures. It does appear, however, that more people today are obeying the left turn pro- hibition than two years ago. Justification for the Mass. DPW position is based on traffic capacity. Design capacity for free flowing traffic,; i.e., without a light, ranges from one thousand to eighteen hundred cars per hour per lane. Friction factors, such as driveway openings, tend to keep Bedford Street down to the minimum figure of a thousand cars per hour. Thus, a traffic light at Eldred Street would necessitate three lanes of roadway on Bedford Street if two thousand cars were to pass through during peak hours. Chairman Kenney: The status of it is that TAMS is going to go ahead and make recommendations to the State and we will be asked for comments: Mr. McSweeney: I can get a better report as to how much of a backup would be there. TAMS can certainly give us information mit a report to the Commissioner for review. Representative Cole: If you don't like what they quicker you do it the better. Mr. McSweeney is to come back to the Board with review with TAMS and the State DPW. as they will sub - are proposing, the a report after a Chairman Kenney read a request from Mr. Raymond Dellovo, 1 Valley j Road, for a sidewalk from 258 Bedford Street to the Parker School. A report from Mr. McSweeney was read, stating that the New England Telephone Company is in the process of installing underground conduit in Selectmen's Meeting June 17, 1974 the westerly shoulder of Bedford Street from Valley Road to Route 128, and beyond. In our negotiations with the Telephone Company, they have agreed to construct a bituminous concrete sidewalk over the conduit from Valley Road to the Parker School. A separate permit will be re- quired from the State Department of Public Works as this is a State highway layout and they have indicated that additional information must be supplied. The Board agreed to write to the State Department of Public Works and inform them that the Town of Lexington agrees to: 1. Assume the responsibility for construction and cost of the sidewalk through the agreement with the New England Telephone Company. 2. Assume responsibility for the maintenance and snow removal of the sidewalk upon completion. 3. Provide any necessary slope and/or construction easements and insure that the contractor carries adequate insurance to pro- tect all abutters in the event of grade damage. 4. Guarantee that no betterments will be assessed for this im- provement. .A .letter is to be written to Mr. Dellovo informing him that the sidewalk will be constructed in the near future. Chairman Kenney read a letter from Mr. Joseph 0. Rooney, Chairman of the Lexington Housing Authority, stating that the State Department of Community Affairs has tentatively approved the following lots for acquisition under the application for 705 Housing: Tarbell Avenue Philip Road Rockville Avenue Valleyfield Street Grapevine Avenue Spring Street Balfour Street Wood Street Lot 56 being a possible double lot Earl Street Garfield Street Avon Street Lot 145 Lot 42A Lot 19 Lot 24 Lot 50 Lot 72 Lot 204 Lots 55 and 56 Lots 31 and 33 Lots 36 and 37 Lots 423 and 424 Lexington Housing Authority Intent to Convey Town Lots 584 Selectmen's Meeting June 17, 1974 subject to the following conditions: 1. That the Authority vote to acquire the property. 2. That the Town convey these sites at no cost to the Authority. 3. That the Authority secure a building permit on these sites. 4. That the Authority investigate the sub -soil conditions of all these lots including the taking of test borings. 5. That all local approvals that may be necessary be obtained by the Housing Authority including variance, if required. 6. It is necessary for your Authority to vote to accept these conditions and to so notify this office in writing. 7. It is understood that under the provisions of Chapter 705, the Department of Community Affairs must conduct a public hearing after due notice ispublished in theappropriate newspaper. Mr. Rooney further states in his letter that the Lexington Housing, Authority has voted to accept the above terms and conditions. Additional site selection and review will continue to be made by the Authority to bring the total number of lots to twenty-five. The Board agreed to request the Board of Assessors to certify that the above -listed lots are tax title, foreclosed lots; to request a recommendation from the Planning Board regarding the use of the lots for 705 Housing; to inform the Lexington Housing Authority of the following vote: Upon motion duly made and seconded, the Board of Selectmen voted an intention to convey the above -listed lots to the Lexington Housing Authority, subject to recommendation from the Board of Assessors and the Planning Board. The Board discussed the moratorium on tax title lots and agreed Moratorium to extend it. Tax Title Upon motion duly made and seconded, it was voted to extend the Lots moratorium on the sale of tax title lots from March 31, 1974 to May 31, 1975. Conservation Commission Land Projects Chairman Kenney read a request from the Conservation Commission for a designated Selectman to work with the Commission on 1974 land acquisition Articles. After discussion, it was agreed to inform the Conservation Com- mission that the following Selectmen will work with the Commission on specified projects, with the understanding that the Selectmen will be contacted by the Commission. Fred C. Bailey Graziano, Marco and Elliott parcels Alfred S. Busa Vine Brook, Morrow and Schena easements Margery M. Battin Hillside Avenue lots Selectmen's Meeting June 17, 1974 Chairman Kenney read a letter from Mrs. Elizabeth Petrusauskas, 17 Crescent Hill Avenue, complaining about unsightly conditions on the abutting property at 10 Westminster Avenue. A report from the Building Inspector states that he and the Health Director inspected the property and found an unpiled supply of lumber in the front yard, three cars, one truck, and a front end loader with- out current registration plates, motorized contracting equipment, and poor housekeeping generally existing. Mr.. Warren Smith, owner, said that he does intend to utilize the building material and clean up his yard eventually. As far as the vehicles are concerned, Mr. Smith has voiced his refusal to remove them from the property to comply with our Zoning By -Laws, and failure to comply would result in legal action by this department. The Fire Department reports no fire hazard exists at this time, and the Health Director finds nothing unsanitary to health. The Board agreed to write to Warren and Helen W. Smith, 10 West- minster Avenue, and request them to clean up the area in conformance with the Town of Lexington By -Laws. Failure to comply within thirty days will result in legal action being instituted by the Town of Lexington. The Board discussed the appointment of a Chairman of the Bicen- tennial Committee. Mr. Lincoln P. Cole, Jr., was present and said that there should be a close relationship between the Bicentennial Committee and the Bicentennial Director. In my opinion, there could be a lot of volun- teer work done, and it is an opportunity to get the Town working together. Chairman Kenney: We concur. You have a good committee and the funding is in good shape. Mr. Busa: There is a lot of work to be done. Mr. Cole: The Town Celebrations Committee will be working on the parade; logistics will be 90 percent of the problem. Upon motion duly made and seconded, it was voted to appoint Mr. Lincoln P. Cole, Jr. as Chairman of the Bicentennial Committee, effec- tive immediately. The Board of Selectmen discussed the list of Election Officers, as recommended by the Town Clerk. Upon motion duly made and seconded, it was voted to appoint the following 1974-1975 Election Officers: 585 Complaint 10 West- minster Ave. Appointment Bicentennial Committee Chairman Election Officers 58t Selectmen's Meeting June 17, 1974 Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. LEXINGTON ELECTION OFFICERS 1974 - 1975 Lorraine C. Baron Ann M. Baum Anna M. Bushard Mary C. Casey Mary H. Coyle Elizabeth F. Downey Mary J. Ferry Eileen J. Fradette Helen G. Garten Mary C. Rita E. Edna F. Joan H. Joseph Kiley Marshall McDonough Mr. Henry P. Meade Mrs. Marjorie Modoono Mr. L. Francis Murphy Mrs. Mary G. Oliver Mrs. Maude A. O'Neill Mr. Joseph O. Rooney Mrs. Helen C. Rooney Mrs. Dorothy A. Shine Mrs. Mary V. Spencer Mrs. Marie T. Walton Mrs. Anne C. Williamson Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Edna D. Anderson Florence M. Downe Mary E. Clifford Gloria D. Colbert Mildred M. Cronin Ilda J. Field Ida B. Fisk Carol A. Goldthwait Rose J. Grant Agnes Heimlich Sally S. Hooper Mary F. Irwin Winifred E. Ivester Caroline P. Johnston Alice G. Marshall Mary G. McCauley Democrats Republican 236 Worthen Rd. 4 Wright St. 25 Bowker St. 22 Valley Rd. 20 Walnut St. 1 Stimson Ave. 50 Downing Rd. 35 Grapevine Ave. 11 Fairview Ave. 32 Eldred St. 37 Wachusett Dr 110 Woburn St. 123 Grant St. 17C Wm. Roger Greeley Village 285 Woburn St. 5 Bennet Ave. 610 Waltham St. 6 Independence Ave. 222 Waltham St. 222 Waltham St. 11 Utica St. 8 Cary Ave. 5 Spencer St. 150 Grant St. 21 Leonard Rd. 112 Bedford St. 54 Chase Ave. 6 Tewksbury St. 14 Utica St. 30 Chase Ave. 10 Spencer St. 30 Baker Ave. 16 Hillcrest Ave. 796 Mass. Ave. 282 Bedford St. 6 Grove St. 56 Woburn St. 8 Wilson Rd. 9 Independence Ave.. 75 Spring St. Selectmen's Meeting June 17, 1974 Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Ruth M. Mitchell Irene Norcross Dolores M. Swan Helen L. Perry Elinor M. Vassallo Virginia M. Warner Margaret •S. Wilson Marjorie E. Wirpio 16 50 24 16 145 71 103 22 Peachtree Rd. Forest St. Bedford St. Ellison Rd. Grant St. Adams St. Meriam St. Bartlett Ave. The Board discussed letters from various Town agencies submitting nominees for appointment to the Lexington Commission on Suburban Re- sponsibility. Upon motion duly made and seconded, it was voted to appoint the following members of the Lexington Commission on Suburban Responsibi- lity for a term of office expiring June 30, 1975: Lexington Commission on Suburban Responsibility Planning Board Metropolitan Area Planning Council League of Women Voters School Committee Lexington Teachers TMM Executive Committee TMM General Membership Lexington Housing Authority Lexington High School Lexington Interfaith Corporation Chamber of Commerce Town Employees Board of Selectmen Members -at -Large Stanley A. Brown Lois W. Brown Bernice Weiss (Mrs. Ephraim) Jacqueline Davison Nancy Haley Paul Plasse John Campbell William S. Sullivan G. Richard Beamon (Alternate) Sharon Geaghan Alan Wachman William T. Spencer Cornelius Cronin Fire Capt. Edward Silva Margery M. Battin Wiltrud R. Mott -Smith (Mrs. John C.) Leona Martin (Mrs. Charles T.) Chairman Kenney read a letter of resignation of Ralph V. Lord, Jr. as a member of the Town Celebrations Committee, effective immediately. Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Ralph V. Lord, Jr. as a member of the Town Celebrations Committee, effectively immediately. The Board discussed an appointment to fill the vacancy on the Town Celebrations Committee. Upon motion duly made and seconded, it was voted to appoint Raymond Flynn a member of the Town Celebrations Committee to fill the unexpired term of office of Ralph V. Lord, Jr. to March 31, 1977. 687 LCSR Appoint- ments Town Celeb. Committee Resigna- tion Town Celeb, Committee Appoint- ment 588 Minutes Bonds Abatements- Ambulance Bills -1972 Ambulance 1974 'Abatement Water Bills Warrant Dog Officer Contract 75-3-E Cary Hall Town Audit Selectmen's Meeting June 17, 1974 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on January 21 and May 2, 1974. Upon motion duly made and seconded, it was voted to approve the following bonds: Doris E. Barclay, Collector of Taxes, $131,000; Doris E. Barclay, Assistant Treasurer, $31,000. Chairman Kenney read a request from the Tax Collector to abate uncollectable ambulance bills for 1972, in the amount of $371.40. Upon motion duly made and seconded, it was voted to abate un- collectable ambulance bills for 1972, in the amount of $371.40, ac= Cording ..to.the list submitted by the Tax Collector. Upon motion duly made and seconded, it was voted to abate the ambulance bill sent to Frank Scurto, in the amount of $10.00, as he is a Town Employee taken from the DPW Barn. Chairman_.Kenney read a request from the Director of Public Works/ Engineering to abate water bills. Upon motion duly made and seconded, it was voted to sign abate- ments for the following water bills: Robert A. Beckett Gold Ribbon Farms Jan Eninger Donald J. O'Hara Mr. Nordahl Henry Merriam 370 Marrett Road 1265 Mass. Avenue 105 Simonds Road 17 Whittier Road 31 Meriam Street 44 Hayes Avenue $ 12.60 Wrong meter reading 710.85 Wrong meter reading 18.55 Wrong meter reading 45.50 Wrong meter reading 70.00 Wrong meter reading 35.43 Wrong meter reading Chairman Kenney requested the Board to sign the Warrant to Dog Officer Belcastro regarding 1,000 unlicensed dogs. Upon motion duly made and seconded, it was voted to sign the War- rant authorizing the Dog Officer to seek out, catch, and confine all dogs within the Town not duly licensed, collared, harnessed or tagged, according to the provisions of G.L. Chapter 140. Upon motion duly made and seconded, it was voted to grant the re- quest of Town Counsel to sign Contract 75-3-E with Frank DiCenzo & Sons, Inc., 25 Valley Road, Medford, for cleaning, caulking, pointing and silicone protection for Cary Memorial Hall, in the amount of $5,150. Contract was awarded on May 10, 1975. Chairman Kenney informed the Board that the audit of the Town has been received from the Massachusetts Director of Accounts. 589 Selectmen's Meeting June 17, 1974 Upon motion duly made and seconded, it was voted to accept the audit of the Town of Lexington from January 1, 1972 to July 31, 1973, as submitted by the Massachusetts Director of Accounts. 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 11:30 p.m. A true record, Attest: 1 .-2,t-c..-ZH, Executive Clerk, Selectmen 590 Guide SELECTMEN'S MEETING July 1, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday, July 1, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Busa and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. Chase, Town Engineer; Mr. Martin, Assistant Town Engineer; Mrs. McCurdy, Executive Clerk, were present. Rev. Harold Handley, Guide Director, met with the Board to request the re -appointment of David Lavender, Jr. Upon motion duly made and seconded, it was voted to appoint David Lavender, Jr. as a Lexington Official Guide. Hearing was declared open upon application of W.R. Grace Co. for permission to install two additional 11,000 gallon approved underground tanks for the storage of No. 2 fuel oil on the premises at 15 Hayden Hearing Avenue, Lexington. W.R. Grace Notice of the hearing was inserted in the June 20, 1974 issue of Fuel Oil the Lexington Minute -man, and notices were sent by the applicant by certified mail. Fire Chief Spellman reports that he has inspected and approved the location of the two additional underground tanks, which will be installed according to State laws and N.F.P.A. recommendations; also, the tanks are to be enclosed in plastic capsules as an additinal safeguard. Mr. John J. Harty, Project Engineer for W.R. Grace Co., informed the Board that the building has been occupied since last fall and we pro- pose to put the two 11,000 gallon underground tanks on the West side of the building. An addition to the building will be ready next week and, therefore, the existing tank is not enough for the supply of heating oil. No one appearing in favor or in opposition, the hearing was de- clared closed. Upon motion duly made and seconded, it was voted to grant permission for the installation of two additional 11,000 gallon underground tanks for the storage of No. 2 fuel oil on the premises at 15 Hayden Avenue, subject to the condition that the tanks be encased in plastic capsules. Mr. O'Connell informed the Board that bids had been received on the Contract refurbishing of fourteen tennis courts, as requested by the Recreation 75-4-E Committee. It is recommended that the contract be awarded to George Brox, Tennis Incorporated, 1471 Methuen Street, Dracut, for $22,900.; under the appro- Courts priation for Article 42 of the 1974 Annual Town Meeting. Upon motion duly made and seconded, it was voted to award the con- tract 75-4-E for tennis court construction to George Brox, Incorporated, in the amount of $22,900. Selectmen's Meeting July 1, 1974 Mr. O'Connell informed the Board that the Trustees of Cary Memorial Hall were enthusiastic about having signs made for the building and had appointed a subcommittee to look into the matter. The Board agreed to meet with the subcommittee and representatives of the Historic Districts Commission to discuss the signs identifying the Cary Memorial Building. Hearings were held on petitions from the New England Telephone Com- pany, represented by Mr. Leonard Scott, and the Boston Edison Company, represented by Mr. Louis Pratt. Notices were sent to abutters, as listed on the Assessors' maps, and approval received from Mr. E. Coscia, DPW Manager. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following installation: Bedford Street and Ledgelawn Avenue: From existing manhole 54/158 located on the southwesterly side of Bedford Street at Stations 72 and 42 approximately 308' of underground conduit southeasterly to a point at the corner of Ledgelawn Avenue, thence 54' northeasterly to northwest- erly side of Ledgelawn Avenue, then approximately 265' northeasterly to a pole 131/3 on the northwesterly side of Ledgelawn Avenue, subject to the condition that all excavation near the roots of trees must be done by hand. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following installation: Woburn Street: On the north side from MH 54/130, easterly, 55' to Lowell Street, southerly, 75' to south side of Woburn Street to corner of Lowell Street, southerly, 146' to Pole 58/68 on west side of Lowell Street. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company and the Boston Edison Company for the following installation: Worthen Road: On the easterly side, approximately 117' northerly from the corner of Massachusetts Avenue: One (1) pole. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company and the Boston Edison Company for the following installation: Bates Road: Northerly 211' from Wood Street: one (1) pole to be relocated; also, remove one (1) pole on the easterly side of Bates Road. 591 Cary Memorial Signs Conduit Bedford St. Ledgelawn Avenue Conduit Woburn St. Lowell St. Pole Worthen Rd. Mass. Ave. Pole Bates Rd. Wood St. 6cl dal Selectmen's Meeting July 1, 1974 Upon motion duly made and seconded, it was voted to grant permis- Conduit sion to the New England Telephone Company and the Boston Edison Company; Bates Rd. for the following installation: Springdale Rd. Bates Road: Southwesterly, at Springdale Road, a distance of about 24 feet - Conduit. Guy Wire & Anchor Concord Avenue Conduit Hartwell Avenue - Bedford Street Joint Pole Oakland St. Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company for the following installation: Concord Avenue: Northeasterly side, approximately 720 feet north- west of the Belmont -Lexington Town line, One (1) guy wire and anchor. Chairman Kenney informed the Board that a hearing is not required on the following petition from the New England Telephone Company as only the Town of Lexington is involved. A report from Mr. E. Coscia, DPW Manager, states that the New Eng- land Telephone Company is proposing to install conduit on Bedford Street (State Highway) from North Hancock Street to Hartwell Avenue - Harding Road from Bedford Street 305 feet - Simonds Road from Bedford Street 109 feet. The purpose of this conduit is to increase trunk capacity be- tween the Town of Lexington and the Town of Bedford which will eventually result in the elimination of the existing overhead cables. The permit for Bedford Street will be issued by the Commonwealth of Massachusetts, Department of Public Works; however, location is satisfac- tory to this department, with one condition, that the proposed conduit be placed approximately five feet below the existing culvert at Station 25+35 to allow for future lowering of the culvert, if needed. Harding Road and Simonds Road location is satisfactory to this department and all excavation near the roots of the trees must be done by hand. Therefore, this department recommends that the New England Tele- phone Company be granted permission to install said conduit and manholes. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following installation, sub- ject to the conditions outlined by the Director of Public Works/Engineer- ing: Hartwell Avenue: Approximately 55'.northerly from station 17, at south corner of Bedford Street and Hartwell Avenue, north and west 40' on the surface of Hartwell Avenue, then north 210' across Hartwell Ave- nue then north and east 40' at north side of Hartwell Avenue, then 60' north to proposed manhole 54/114 on Bedford Street all on the southerly side of Bedford Street. Chairman Kenney read a petition from the New England Telephone Com- pany and the Boston Edison Company for permission for joint ownership of a pole, now owned by Boston Edison, on Oakland Street. Selectmen's Meeting July 1, 1974 Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company and the Boston Edison Company for joint ownership of a pole at the following location: Oakland Street: From the southwesterly corner of Oakland Street at Meriam Street, southeasterly, approximately 774' from Meriam Street, one (1) pole. Mr. O'Connell informed the Board that he had received the resigna- tion of Mr. Arthur Burrell as Director of Civil Defense. After it is filed with the Town Clerk, the resignation will become effective. Mr. O'Connell advised the Board that Mr. McSweeney has received a quotation from Barnes Engineering of $4,710 for layout work in connec- tion with the plan for the development of Westview Cemetery. The Board agreed to award the contract to Barnes Engineering up to $4,710. Residents of the area met with the Board to discuss the plans for the construction of the Turning Mill Road Sewer. Mr. Brown and Mrs. Battin expressed a desire to defer a decision of the Board for two weeks. Mr. Martin, Assistant Town Engineer: The original route is one we proposed in 1972 for Town Meeting action. We have prepared addi- tional information for the Board to review and, naturally, we are anxious to proceed as we have a Hatch Act hearing in two weeks. Mr. McSweeney: We are not asking for final approval. Mrs. Wheaton: I would hope the Board would give extra time to listen to us. We agree that lower Turning Mill Road needs sewerage; the only thing we are concerned about is the route and hope that the Selectmen will respond to our concerns about the muskrat pond and the area used by school children. Mr. Trainer, Estabrook School Teacher: This area is particularly advantageous to us because of the trees and the vegetation, and the muskrat pond. Mr. Chris Theodore, 27 Turning Mill Road: I was the first person to start the petition for the sewer and I speak for the owners who have problems. We wish the Board would seriously consider to stop de- laying. I was told construction would start in September and it should not be postponed for another year. Mr. McSweeney: We have studied proposals and we will have the environmental impact by the end of the week. We believe we can put the project through without lowering the water table and, as soon as we re- ceive the reports, we will give them to the Board. We are going ahead on the hearing on the recommended route. We have no intention of ask- ing the Board to formally vote the intention tonight. H 5�9. Resignation Civ. Defense Director Westview Cemetery Barnes Engineering Turning Mill Sewer 594 Recycling Selectmen's Meeting July 1, 1974 Chairman Kenney: We will schedule another meeting for further dis- cussion. We understand the concern of the children and environmental- ists, and we will take this into full evaluation before the contract is let out. The residents retired from the meeting. Mrs. Margot Tutun, President of the League of Women Voters, met with the Board to discuss recycling. Chairman Kenney: I feel that we should not tie recycling in with trash collection, and we could form a committee on recycling. Mrs. Tutun: One or two members of the League would be glad to help, and we wondered if it would be an ongoing committee. Chairman Kenney: This would be a specific committee chargedwith recycling. When the study is completed, we would probably then discharge the committee. Mr. Busa: If we can have a partial solution to the problem, we will have something. Board members agreed to submit recommendations for appointment to the committee at the next meeting. Mrs. Tutun retired from the meeting. Mr. John F. Lahiff and residents of the Town met with the Board to MBTA discuss better bus transportation service throughout the Town. Bus Service After discussion, the Board agreed to write to the MBTA General Manager requesting buses on a more frequent basis during peak hours and the possibility of express service from Arlington Heights to Harvard Square during peak hours. Mr. Lahiff and residents retired from the meeting. The Board discussed the renewal of licenses for taxicabs, which had been voted at the meeting of April 29, 1974 to expire on June 30, 1974. Taxicab Chairman Kenney: There is a new owner, Mr. Joseph Bruno, and Chief Licenses Corr reports that conditions have improved. Upon motion duly made and seconded, it was voted to renew the following licenses for taxicabs in the Town of Lexington, expiring May 1, 1975: 81 Woburn Street Corporation Lexington Taxi Co., Inc. d/a/a/ Minuteman Cab Company Registration No. 11 11 11 11 11 11 11 11 452 453 471 1051 1052 5349 5354 5356 Registration No. 11 11 11 11 tl 470 472 483 485 486 1053 1054 5352 695 Selectmen's Meeting July 1, 1974 Mr. Cohen discussed the land in Meagherville which was voted for ac- quisition under Article 45 of the 1963 Annual Town Meeting. Meagher - Mr. Cohen: This land was to be acquired for school, playground, and Ville other public purposes. It is complicated because there are many tax title lots and I should know if the Selectmen want me to start doing the title work. If so, I would have to get a plan from Mr. McSweeney and we would have to have appraisals on taking by eminent domain. The Board agreed that Mr. McSweeney is to submit a plan of Meagher- ville to Mr. Cohen. Mr. Cohen discussed the small, remaining parcels of land which have not been acquired at the Woburn Street School Site. Woburn St. Mr. Busa: Several owners have approached me regarding the status School now. Site Mr. Cohen: Mr. Legro mentioned that there were a couple you might want to take for access. We should have more research. Mr. Busa: We should notify all boards to see if they are still in- terested in acquiring the land. The Board agreed that Mr. Cohen and Mr. McSweeney are to further research the matter. Chairman Kenney read a report from the Building Inspector as a re- sult of a letter of complaint concerning noise from a fan at the Highland Complaint Food Store at 321 Marrett Road. The building was inspected and the owner notified to take some means to muffle the noise of the fan. The Board agreed to so notify the complainant. The Board discussed an additional request from Mrs. Doward Barter for a "Slow Children" sign on Fairlawn Lane. The Board agreed to inform Mrs. Barter that the previous reasons for not installing the sign were still valid. Chairman Kenney informed the Board that the final jury list has been compiled and is to be sent to the Clerk of Courts in Cambridge. Upon motion duly made and seconded, it was voted to approve the 1974-1975 Jury List, as submitted. Chairman Kenney read a recommendation from the Director of Public Works/Engineering that a decision be deferred concerning a request from Sewer Col. Eugene Larson for a connection to the Town sewer system. Larson The Board agreed to inform Col. Larsen that sewer contracts are Wingate being evaluated and if there is available money he will be contacted Road in the fall. Traffic Sign Jury List Upon motion duly made and seconded, it was voted to table the re- Conserve. quest of the Conservation Commission to exercise the option on the Elliott Curtis S. Elliott land. Land 596 Selectmen's Meeting July 1, 1974 Chairman Kenney read a request from Mr. Ernest J. Rogers, 275 Dale Request for Street, Waltham, to open and operate a package goods store in Lexington. Package It was agreed to inform Mr. Rogers that the Board feels there are Goods sufficient package goods stores in the Town to well serve the public License and, therefore, additional applications are not accepted. Mr. Rogers' request is to be kept on file. Chairman Kenney read a request from Mr. Felix Costanza, 26 Rindge Avenue, for a chain link fence between his property and the Rindge Costanza Avenue playground; people are cutting through his property, grass Rindge Ave. clippings are dumped, dirt from the playground property level is fall - Playground ing onto his land. A report was read from Mr. McSweeney recommending that 80 feet of chain link fence be erected at an approximate cost of $600. It was pointed out that neighbors are using the area as a convenient dumping spot and, therefore, this is unrelated to the playground. The Park Department will remove boulders in the park and regrade the eroded areas. The Board agreed to accept the recommendations and to instruct the Director of Public Works/Engineering to make arrangements to include the sum of $600 in next year's budget for the installation of approximately 80 feet of chain link fencing. Mr. Costanza is to be so informed by letter. The Board approved the request of the Dierector of Public Works/ Orders for Engineering to sign Orders for Construction of Sewers. Construction Upon motion duly made and seconded, it was voted to sign Orders of Sewers for Construction of Sewer on the following streets: Turning Mill Road from house No. 25, a distance of 3,500 feet, more or less, to house No. 67. Grimes Road from Turning Mill Road, a distance of 300 feet, more or less, to end. Jeffrey Terrace from Demar Road, a distance of 340 feet, more or less. to end. Partridge Road from Turning Mill Road at No. 29.to No. 30 Partridge Road. Gould Road from Turning Mill Road, a distance of 230 feet, more ,or less, Southwest. Demar Road from Jeffrey Terrace, a distance of 1,160 feet, more or less, to Turning Mill Road. Chairman Kenney read an application from Mico Realty, Mr. Michael Colangelo Colangelo, for permission to install sewer and water line extensions to Sewer & service the development at Hartwell Avenue and Bedford Street. Water The Board agreed with the recommendation of the Director of Public Extensions Works/Engineering that Mr. Colangelo is to bear the cost of the sewer and water extensions, and approval is granted subject to the condition that Mr. Colangelo is to contact the Engineering Department and comply with all the regulations of the Town. Selectmen's Meeting July 1, 1974 Chairman Kenney read a letter from Mr. Ray Cone, Property Manager of Tektronix; Inc., regarding the application before the Board of Appeals for finding and determination relative to the acquisition of about 5 acres of land at the corner of Hartwell Avenue and Bedford Street for the construction of a facility for general offices and re- search and development operation. The letter states, "We have directed our architect to re -design the egress onto Hartwell Avenue completely avoiding Hinchey Road. There is also the question of a footpath from. the end of Hinchey Road out to Bedford Street near Hartwell Avenue; we have allowed for a footpath and steps not disturbing contour lines. We think that if the elevation of that portion of land owned by the town at the corner of Hartwell Avenue and Bedford Street is lowered to the street level, then the footpath can be a meaningful one. Our plans have left these elevations as they presently exist because we think it would be presumptuous of us to disturb elevations without first con- sulting with and obtaining town permission and approval. We do believe, though, that this matter can and will be easily and sensibly solved. Finally, I understand that there is a question of where municipal util- ities will serve the premises we are acquiring. Our submissions show municipal utilities servicing the premises from Hartwell Avenue. Our agreement with the present owner calls for him to install and pay for all costs of construction of municipal utilities to our property lines. He and I have indicated there would be no cost to the Town. I should also point out that our application states our willingness to do what- ever the Town wants in this regard and that any approvals granted may be granted with those contingencies. This has been made known in our application by pointing out that we will abide by any alternative pro- posed by the town, namely taking the utilities from Bedford Street." Chairman Kenney: We must write to the Board of Appeals on our position regarding this application. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the letter to the Board of Appeals stating that the Board of Selectmen has no objection to the application of Tektronix, Inc. being approved as proposed. Chairman Kenney read a request from the State Department of Public Health for the appointment of a representative of Lexington on the Area Emergency Medical Services Committee to attend a meeting on July 10. Mr. O'Connell agreed to have a representative attend the meeting and the Board will confirm the appointment on July 15. Chairman Kenney read a letter from Joseph Volante, 15 Lowell Street, requesting that the Town clean up Lowell Street from the island to the Arlington line and, also, to put in shrubs on the island. A report from Mr. McSweeney states that the Town picked up debris within the Town right-of-way and the Public Works Department had in- formed Mr. Volante that our roadside maintenance was limited to cutting Tektronix Inc. Board of Appeals Application Emergency Medical Services Committee Volante DPW Complaint 59 Selectmen's Meeting July 1, 1974 the brush and repairing any shoulder areas considered to be a hazard to driving and pedestrian public. Public Works will consider planting a few shrubs on the island of a size not to impede traffic sight distance. Mr. McSweeney further states that Mr. Volante has placed stones along the edge of the traveled way, which are approximately 10 feet within the Town right-of-way; he could be held liable for damages because of this violation. The Board agreed to order Mr. Volante to remove the stones he has placed on the public right-of-way in front of his property. Chairman Kenney read a letter from Mr. Robert Tarlin, Bicentennial Director, regarding Bicentennial food services. There will be far more visitors in the Town during the Bicentennial summers of '75 and '76 than can adequately be fed by existing facilities. Additional facili- ties must be provided, not only from a standpoint of visitor courtesy but, more important, to control this mass feeding, including complete Bicentennial control of health and sanitation. Some Town rules and regulations may Food have to be modified in order to accomplish the temporary measures re - Service quired; however, no relaxation of rules and regulations which pertain to Article X (Temporary Food Service Establishments) of the Sanitary Code will be allowed without express approval of the Town Health Officer. The most feasible way to cope with this oncoming problem is to encourage Town -located food service facilities to expand their capa- bilities on a temporary (two summer) basis and equally encourage Town religious, fraternal and civic organizations having facilities which lend themselves to this type of project. Specific examples are as follows: 1. Outdoor picnic table type facilities with or without protec- tive cover (tent top or tarp) collocated adjacent to the sponsoring establishment and utilizing the same kitchen facilities. The Town must determine not only if food service establishments may. rent Town parking space, but also the rates (if any) at which this space maybe rented. I would suggest the rental rates be tied directly to the lost revenue from appropriated parking spaces. Food stores, both chain and local, can consider similar activities on their own parking areas, being constrained only by their lack of kitchen facilities. They could sponsor picnic bench areas, possibly under tents/tarps, with customers entering the store to purchase snack -type foods, fruits, pre-packaged sandwiches, and hot and cold beverages; then returning to the picnic area to consume them. Town organizations (religious/civic/fraternal) should be encouraged to utilize their facilities for a fast-food opera- tion on a continuing basis or for periodic pancake breakfasts, box lunches, bean suppers, etc. This should be coordinated by the Lexing- ton Bicentennial Committee to insure a spread of activities and a min- imum of competition. Selectmen's Meeting July 1, 1974 Along with the Town -sponsored plan to establish two picnic sites of about 25 tables each, a Town food -service establishment might wish to em- place a mobile food serving unit at each of these sites. (Similar to the canteen trucks which service industrial/commercial areas.) Mr. O'Connell: Mr. Tarlin had a meeting with the LBC subcommittee and local restaurant owners, who asked what the Town would or would not allow them to do. We thought that the existing restaurants could be allowed to use their facilities but to use a larger area by having a sum- mer location as close to their place so their kitchen could serve the people. Their menu would have to be regulated as to what the Health Ser- vice would allow. We have been exploring the sanitation and Mr. Tarlin was asking about restaurant operators and churches that may want to go into the snack -type bar as a fund raiser. Chairman Kenney: I think we should look at it further. If it doesn't work out well, we can stop it. Mr. O'Connell: It has to be controlled and it could be done by those having licenses in the Town. The Board agreed to authorize Mr. Tarlin to proceed with his out- lined proposals. Chairman Kenney read a request from Mr. John Drew, Special Assistant to Governor Sargent, for the appointment of a representative of Lexington to serve on the Task Force to consider appropriate future uses of U.S. Air Force Property at Hanscom Field. The existence of a community Task Force will provide a central forum for discussion of the ultimate dis- position of these lands. Upon motion duly made and seconded, it was voted to appoint Select- man Sanborn C. Brown to serve as a member, and Chairman Allan F. Kenney as an alternate member, of the Hanscom Task Force. Chairman Kenney read a request from the Director of Public Works/ Engineering to sign the contract for the construction of sanitary sewers, awarded by the Board on June 3, 1974 to Somerset Paving Corporation, 41 Kay Street, Somerset, in the amount of $122,845.03. Upon motion duly made and seconded, it was voted to sign Contract 73-13-E awarded to Somerset Paving Corporation for construction of sani- tary sewers, in the amount of $122,845.03. Chairman Kenney read a recommendation from Mr. C.F. Mistretta, State DPW Highway Engineer, that an extension of time be granted to the contractor on East Street Chapter 90 project. Upon motion duly made and seconded, it was voted to approve an extension of time from June 30, 1974 to August 31, 1974 to Cetrone- Compa Corp., Contractor on the East Street Chapter 90 project. Upon motion duly made and seconded, it was voted to sign the forms accepting State Aid -Highways in the amount of $446,500. 599 Hanscom Task Force Appointment Contract 73-13-E Sewers Somerset Paving East St. Contractor Extension of Time State Aid - Highways 600 U Bond LCSR Selectmen's Meeting July 1, 1974 Upon motion duly made and seconded, it was voted to approve bond No. 32-51-32 in the amount of $2,000, covering Norma B. Jervis, Assis- tant Town Clerk. Mrs. Battin informed the Board that she had attended the Lexington Commission on Suburban Responsibility meeting on June 25, and Stanley Brown is the new Chairman. They had reviewed the whole problem of de- institutionalization. The State is now returning the problem of for- merly institutionalized persons to local communities - the mentally retarded, ex -mental patients, ex -offenders, etc. It was thought that LCSR might be the group to look into it. Motion was unanimously passed that LCSR recommend to the Selectmen that they be authorized to estab- lish a sub -committee to research the problem of people with special needs, report to LCSR, and tran'mit recommendations to the Selectmen. In essence, to find out what provisions we ought to make in dealing with the problem. Chairman Kenney: Give that to us in writing and the Board will act on it next week. Mrs. Battin agreed. Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on ,Session 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 the sanitary landfill, the Fire Department, and the financial interests of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. A true record, Attest: )22 Executive Clerk, Selectmen SELECTMEN'S MEETING July 15, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, July 15, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, 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 informed the Board that a request has been received from Mrs. Sandra Gold of the American Cancer Society for a Bike-a-Thon through Lexington on September 22, with a rain date of September 29, 1974. The Board approved the request subject to the condition that the exact route be approved by the Town Manager and the Police Chief. The Board discussed recommendations from the Bicentennial Subcom- mittee regarding parking around the Battle Green. It was requested that prompt action be taken to discourage all -day parking for the re- mainder of the tourist season, through September, on both sides of Bedford Street, between Meriam Street and Harrington Road. A report from the Traffic Safety Committee stated that it unani- mously agreed that this matter should be referred to the Director of Planning, and it should be included in the overall study of the down- town parking and traffic circulation. Without the necessary data gathering, it is very difficult to take professional approach and to make an assessment of these traffic and parking restrictions. Mr. McSweeney: The Planning Director and the Traffic Engineer are now checking into bus parking and zoning. The Board agreed to schedule a meeting with the Bicentennial Subcommittee to discuss the matter of parking around the Battle Green. Mr. McSweeney recommended that the Board table the request for no parking on Forest Street from Waltham Street to Massachusetts Avenue, pending a recommendation from the Traffic Safety Committee. Chairman Kenney read a letter from Mr. James Ritchie, 1 Whipple Road, objecting to the use of the property at 141 Lowell Street, owned by Brian Belcastro, for commercial purposes, such as a trucking ter- minal. Also, a horse truck has been kept there with ponies locked inside for as long as 24 hours; these ponies are allowed to graze on the front lawn. Three dogs are tethered to trees, and complaints to the Dog Officer go unheeded. The garage at the rear is used as a re- pair shop for trucks, cars and motorcycles. Fourteen vehicles have been on the premises, including a cabin cruiser, cars for sale, junk cars, and an antique automobile. Because the area is strictly resi- dential, Mr. Ritchie requests that his complaint be given prompt and serious attention. Permit Parking Battle Green Parking Forest St. Complaint Ritchie- Belcastro Lowell St. Zoning Cert. of Inoorp. Water Abatements Youth Advisory Commission Selectmen's Meeting July 15, 1971 A report frau the Assistant Building Inspector stated that he had - investigated the complaint and found that one truck is parked overnight and is used by Mr. Belcastro going to and from work. He had bean in- formed by the owner that the situation with horses an the trek and grazing had happened once. Two friendly dogs were chained to trees. The yard was clean and orderly, with a covered boat and two unregis- tered cars. As this appears to be a problem between two neighbors, periodic inspections will be made to eliminate any possible zoning violations. The Board agreed that the situation had improved, and to so in- form Mr. Ritchie. Upon motion duly made and seconded, it was voted to certify the character of Joanne Spiro29 Burroughs Ahad, who has Applied for certificate of incorporation "Arsenal. Arts." Also, to approve, as avail drop, the location of the incorpora- tion known as "Raytheon Historical Foundation Corporation" at 141 Spring Street. Upon motion duly made and seconded, it was voted to epprove the reoctmmehdatioh of the Director of Public Works/Engineering to sign the abatements of the following wager bills: Vine Brock Village 150 Waltham St. William C. Sears Robert Sheridan Itek Robert Pestana Tony Cataldo Francois Morel 195 Burlington St. 21 Barbell St. 10A Maguire Road 34 Bow Street 14 Rindge Avenue 29 Maple Street $16.10 Zhao accounts -same meter number 41.64 Blue slip not turned in for change of meter. 21.00 Incorrect reading by owner 33.36 Killer's error 27.04 Incorrect reading by owner 8.75 No meter 120.05 Biller's Error The Board discussed appointments to the Youth Advisory Commission. Upon motion duly made and seconded, it was voted to appoint the following members of the Youth Advisory Commission for acneyear term of office frau July 1, 1974 to June 30, 1975: Board of Selectmen School Committee Recreation Committee Police Department Town Meeting Representative Lexington Education Association (LEA) Junior High Students Alfred S. Buse Jane Berdstald Charles F. Gallagher, Jr. Captain Paul E. Furdon Stephen M. Politi Myron L. Miller Jeffrey Hanson (Clarke Jr. High) George Megrue (Muzzey atm High) Jeanne Hathaway (Diamond Jr. High) t 1 Selectmen's Meeting Mystic Valley Mental Health Center Re -Place Attic Congregation of Churches Garry Margolius Jean Miley Steen Moore Robert Duprey Ridhanittmegaman Dr. Gerald Stechler Mrs. Arlene Mager July 15, 1974 The Board discussed appointments to a Subcommittee on Refuse and Regyc, i ng. Upon motion duly made and seconded, it was voted to -appoint the following members of the Subcommittee on Refuse and Recycling: Alfred S. Buse, Mrs. Joyce Hals, Paul Marshall. Richard Michelson, Mrs. Mary Shunney. Chairman Renner read a request from the Lexington Bicentennial Com— mittee to conduct band concerts on the Battle Green during July and August. Mr. O'Connell: I would suggest that they don't go forward with any plans for a grandstand or special lighting. The Board agreed to so request the Ccmnittee. Upas motion duly made and seconded, it was voted to grant permis- sion to the Lexington Bicentennial Committee for the use of the Battle Gruen for band concerts on July 18, August 1, August 15, and August 29, 1974 at 7:00 p.m. 3 Subcatmittee Refuse & Re- cycling Appointments Mis. Battin discussed the notion, which was unanimously passed by the Lexington Ctassicn on Suburban Responsibilities at the meeting held on Jw a 25, 1974, to recommend that LCSR be authorized to estab- lish a subcommittee to do research on the nature of the problem of people with special needs, and to report to the Commission with recom- mendations, for transmittal to the Selectmen, of a longer-term organ- izational framework for dealing with the problems. Mrs. Battin: It was the feeling at the LCSR meeting that new minority groups, the retarded, troubled adolescents, etc. be dealt with. These problems are rapidly being turned back to cities and towns by the state and federal government, and these is no municipal agency to deal with thea. LCSR would look at the extent of the problem and recommend to the Selectmen an how to deal. with.it. Mr. Bailey: I wonder if you want to divert activity into this area. LCSR may have the problem of having to deal with the original mandate. Mrs. Batten: LCSR felt that a settee could be formed to de- fine the extent of the problem, and to reomen nd to the Selectmen who would deal with it. Battle Green Band Concerts LCSR Subcommittee Selectmen's Meeting July 15, 1974 Mr. Buse: I have no objection but, if the vote was unanimous, it should be brought back to the full Commission, with a letter of particu- lars and who should vote on it. Chairman Kenney: Would this committee report back to LCSR? Mrs. Battin: Yes. Report to the full Commission, with recommenda- tions for transmittal to the Selectmen. Upon motion duly made and seconded, it was voted to approve the recoemendation of the Lexington Commission on Suburban Responsibilities that a subcommittee be established in accordance with the following motion unanimously passed at the LCSR meeting held on June 25, 1974; "That LCSR establish a subcommittee to do research on the nature of the problem of people with special needs and to report to the Commission with recommendations, for transmittal to the Selectmen, of a longer-term organizational framework for dealing with the problem." The Board discussed the route of the Turning Mill Road sewer with i Turning residents of the area. Mill Chairman Kenney: For the record, I will read a memo from Mr. Sewer Mcsweeney as follows: "Since therroute that we have proposed has Appar- ently ppa -ently stirred some opposition, based on a variety of reasons we feel it imperative to give a brief summary for selecting this route and a de- scription of alternate routes, along with the reasons for which they were rejected. The route, as presently proposed, runs though two large parcels of Town -owned land and two small privately owned lots fronting on Grove Street, one of which is vacant and unbuildable. Soil test borings were taken every 100 feet along the route with the major classification being dense brown sand and gravel with some boulders. No ledge was encountered within the easement. The cost of this sewer is estimated at $98,000, Within the Town -owned land which totals 34.0 acres the maximum land area to be disturbed is 1.6 acres, leaving 32.4 acres in-situ for nature studies or other conservation or recreation uses. In addition, upon completion, the easement could be utilized as a nature trail or bicycle path with minimal potential of neighborhood disruption. Alternate 1 follows the same route as our recommendation from Turning Mill Road to the Edison easement and then runs parallel to the sideline to Grove Street. This route has two major disadvantages; the first being economics (cost estimated at $185,000); second being that it would be necessary to remove and relay approximately 620 ft. of live sewer in Grove Street. Alternate 11: This route is similar to our recommendation except for two items; it would require replacing a substantial amount of pipe on Grove Street (480 l.f.) and will result in a major disruption of the properties at #145 and #151 Grove Street. These properties are separated by a well established wood line, which provides affective screening and privacy. Construction of a sewer at depths of 16 ft. or better through this land would complete desecrate this area. This route is estimated at $122,000. 1 Selectmen's Meeting July 15, 1974 Alternate.111: This is the least acceptable of all routes. It in- volves installation of a pumping station and force main. It is our recommendation that pumping stations be considered only as a last resort. Aside from the possibilities of mechanical failure or power shortages, actua& DPW records indicate that maintenance costs for pumping stations average better than $2,000 per year. Projecting this figure for 25 years at a 7% inflation rate amounts to more than $130,000 just to maintain the station. installation tests for the pumping station and force main are estimated at $116,000. Recap Length Recommended Alternate 1 Alternate 11 Alternate 111 Cost 2970' $ 98,000 15'-9" 3165' 185,000 24'-3" 3125' 120,000 17'-0" N/A 160,000* 17'-0" tat wetwell) *Saes maintenance Bhairman Kenney read an additional memo from Mr. McSweeney stating that "eixpert opinions had been obtained and were contained in the (1) re- port prepared by Dr. Fobert S. DeSanto, Chief Ecological Scientist for the consulting firm of C4E. Maguire, relative to the project's effect on the environment, (2) report prepared by Mr. Asaf Qazilbash, P.E., Soils and Foundation Engineer for C.E. Maguire, relative to the proposed pro- ject's effect upon the water table in the area of concern, These re- ports reaffirm our recommendations and that the design was soundly based on good engineering practice, and to ensure that the project could be constructed with a minimal impact on the environment. Also, our., recommendation is economically the most viable. There is another area which must be taken into consideration, and that is time. While we concur that alliavenues must be fully investi- gated before prudent decisions may be reached, (which we consider to have been done) we believe it is essential that this project be substan- tially completed during this construction season. 4i. e. available for connection). Should. a. route.other.than that recommended be considered, new ground surveys, easement. plans, contract drawings and soils tests borings would be required, necessitating. a 4 to 6 weeks delay. This does not include the sixty day moratorium established under the Hatch Act, should a new notice of intent be required. Should a pumping station be considered, while no easement or Hatch Act would be required, delivery of the pumps and appurtenances would require approximately 90 days from the date the order was placed. In essence, any change resulting in major redesign and/or location would substantially delay the project to the point where completion during this construction season would be highly unlikely. In conclusion, it is the opinion of this department that=the recom- mended route produces the leastFaeighborhood impact, is most economically feasible, and can be constructed with minimal ecological dispuption." 5 b Selectmen's Meeting July 15, 1974 Chairman Kenney: For the record,mwe received a letter from the Coals servation Commission recommending a pumping station. Mr. Chris Theodore, 27 Turning Mill Road, wrote us that postponement wouad result in serious health hazards. Mr. and Mrs. Thomas Lamb, Estabrook.P.T.A., wrote to us urging that the wildlife area be preserved in its natural state, and to identify an alternate route for the sewer line. Mrs. Wheaton, Presi- dent of the North Lexington Association, requests reconsiderati+ns of the route, and to reconsider the pumping station as a possible viable alternati time. Miss Nellie -Way Hayden, 151 Grove Street, wrote to protest against the sewer line being put through between 145 and 151 Grove Street. Mr. Bailey: What is the status of the sewer laterals in Turning Mill load? Mr. Martin, Assistant Town Engineer: It is going to be one contract, and will run in concurrence with the 60 days of the Hatch Act: they would be installed simultaneously) Mr. Bailey: Would you expect to start construction about the first of:September, and when would it -be completed? Mr. Martin: On the entire project, we are hopeful that we would start installing services by the end of December. Mr. Bailey: What is the estimate of construction time for a pumping Station? Mr. Martin: The actual time to install would be in the vicinity of 60 days. Boston Edison and Telephone Company have'to bring in alarms, etc. The Contractor does not moat enitf1_:90fdaprs tngtthetcontract. Mr. Bailey: If you start the clock on September 1, it would be mid or late December before that happens. What is your estimate on the de- sign period? Mr. Martin: Probably about three weeks, if we start on it tomorrow. Mrs. Battin to Mrs. Rawls: I understand your committee imposed con- ditions. I wonder if bhey would add on to the time? Mrs. Rawls: We had the Hatch Act hearing last Tuesday and the full commission had not met on it. The Hatch Act covers the water problems. The Conservation Commission had many objections that did not have to do with this but we do feel the line does run too close to the muscrat pond. Mrs. Battin: Do you have any disagreement about our estimate of the costs of a pumping station? Mrs. Rawls: As we said in our letter to you, we feel that the econo- mic.arguments presented against the pumping station are open to question. It was not taken into account that the position of Turning Mill Road and Gould Road, through which the trunk wouMa pass, would have to be dug up for laterals in any case, so the initial cost should be reduced to reflect a deduction in the cost of the lateral. The figures presented regarding maintenance costs over a 25 -year period appear to reflectthe value of the $2,000 per year cost as if it were put in a savings bank each year and collecting compound interest. The argument that a pumping station requires 1 1 1 * Selectmen's Meeting July 15, 1974 maintenance and a gravity line cannot be refuted but in this case the Commission feels it is well worth the extra effort to avoid damaging. We strongly urge that you decide in favor of the pumping station. Chairman Kenney: Do you people think the residents of Turning Mill Road_ should wait up to one-half year or more? Mrs. Rawls: We are not convinced they would have: to. Mr. Bailey: The figures indicate a minimum of four months. Mr. Martin added that delivery dates are extremely questionable. Mr. Buse: I walked it today and the sewer line being constructed under Plan A is under a roadbed and I agree there are problems. Six or less oak trees would be disturbed. In consideration of a pumping station, a blowoff would be more of a hazard. If we had a power failure, that has to be pumped out or vp to a manhole gravity feed. Mr. Brown: Would $98,000 increase to about $116,000 for a pumping station if it included a dam. Mr. Martin: I am saying it will go down, but it might go up, also. Mrs. Nellie Hayden: I wish to go on record as being against any sewer line being put through betweenz:145 and my property at 151 Grove Street. i first saw it in the newspaper and a phone call could have been made to me. It would be a major disturbance, and I have a list of require- ments. Mr. McSweeney: I apologize for not calling you. Mr. Manfred Friedman: There is no question a sewer line is needed but I am very interested in how you get your easements, and no agreements as to damages have been made. Any litigation would result inna delay. Mr. Cohens You don't need a Town Meeting vote for a sewer easement. Naturally, people have a right to damages and if they don't agree with the town, they can go to court. Mr. Friedman: People may have to go to court. The time for a pump- ing station would be from 3 to 6 weeks and, if you start as soon as possible, it could be in by November, or at least in January. NN*.•Wbaat one • A lot of people here are concerned. In 1960, there ware two articles Town Meeting voted for this lands it was valuable then and it is now. I don't see how anybody cann assess damages on a 200 year old tree. Mr. Baileys On the matter of timing, it is not a minimum of three months. We have 90 days for pumps and 60 days for installation, and that looks to me to be around the first of March or April, and talking •of at least 4 months. If the Board makes the decision on a pumping sta- tion, it will be a 6 -months delay. Chairman Kenney: Another point is that the construction of a pump- ing etataon in January or February is impossible. Mr. McSweeney: We have put in over a year on this project and these engineers tell you that a minimum amount of damage will be done; they say the muscrat pond will stay there. I havetAt heard any commis- sion give any reasons for that pumping station. * Mr. McSweeney: The principle of a pumping station requires land taking. Selectmen's Meeting July 15, 1974 Mr. Brown: The Tree Warden said it wouldkill the trees. I have a question on timing; part of the delay on the pumping station is 90 days to order the pumps and R ask if the Town could order them but have the contractor install them. Mr. O'Connell: It is the contractor's responsibility to procure them. Mrs. Miller, Teacher: How much of the humus layer would you put back? Mr. Chase: If 6" is there now, we will put it back. Mr. McSweeney said there was going to be an access road, capable of supporting a vehicle. Mrs. Ray Quick, 32 Turning Mill Road: I go there three times a dpy and rarely meet another neighbor. How many people really use it? Mr. Quick: We have a serious problem and this sewer has been post- poned several times. The prospect of a pumping station is far more dangerous. I urgently recommend that the sewer be laid on the proposed route. Mrs. Rawls: I would remark that the Commission is very much afraid when we have to cut a 25 ft. swath that it would be open to every kind of traffic that you find on conservation land. We are really worried about this. Mr. Busa: We are going to make every effort to prevent bicycles, etc. from using it. Chairman Kenney: Both entrances are going to be blocked. In temms of practicality and particularly in terms of timing where we can get sewers connected to these houses, my personal feeling is that the recom- mended route would be preferable. Mr. Brown: I have a strong feeling that we don't want to destroy our natural resources. However, a year before we moved to our home, a gasoline line was dug into our property and just below is. an MDC trunk sewer; no effort was made by the Oil Company to put anything else back But gravel and I invite youto come -and you can't see where it is. I feel we need to make it very clear to the Engineering Departmentthat when they take away any loam, they put it back. If a motorcycle path is made, they should put big boulders there to keep them out. We should vote for the sewer line but be very sure that the Selectmen and the towns- people in that area want to be able to walk across it in a year. and not see motorbikes and not see drainage. I think it can be done so that the water level won't come down. We are asking for a demonstration £rom.our Engineering Department that they can put this sewer in and in two years we can say they didn't ruin it ecologically. Mr. Buse: There is not much more I can add to that, but if emery - body would look at this easement later on and you would never know theme was a sewer in that area. Mrs. Bettis: 1 agree with Mr. Brown about putting the land back but I am not convinced that it is possible if we go through the wetland. I would vote for the pumping station but, if in does not prevail, I would urge that it be put back in its original form. Selectmen's Meeting July 15, 1974 Mr. O'Connell: I would suggest if the Board chooses the recommended route, they include in the project an environmental controlas insurance - as meeting all of the environmentaland. ecological restrictions. Mrs. Battin and Mr. Brown concurred. Mr. Baileys I would comment on the pumping station vs. the recom- mended route. On the pumping station, there are two problems: time in- volved and the comparative reliability of a pumping station vs. gravity sewer. From my personal experience, I am pessimistic about the dates given by Mr. Martin. On what the long-term damage to the easement might be - within a. couple of years, this area will be completely healed and back in its original state. In my opinion, the only viable way is to go the recommended route, and how the cuts are to be handled in the critical area next to Turning Mill Road. Upon motion duly made and seconded, it was voted to approve the route of the Turning Mill Road sewer, as recommended by the Director of Public Works/Engineering. Mrs. Battin voted in the negative. Mrs. Margaret Raffel, 23 Eliot Road, introduced Mrs. Doris Davis, member of the Board of Directors of the Lena Park Community Development Corporation of Dorchester. Mrs. Raffels Last year the Day Care Center was invited to Dover for the day and they used the community property. I hope that Lexington might open their facilities to them this summer. Lena Park takes care of the food and transportation and would only use the facilities of the Town. Lena Mrs. Davis: We have 500 kids on Lena Park Day and, because there is Park no place to swim in Dorchester, we hope they can use the Old Res. We Outing have our own staff and our own counsellors. The age groups are from two to six years, and seven through fourteen years. We Would hope to come on August 7 or 14. Mr. Brown: Do we have a legal responsibility if they are going to use the Old Res, and if something happens to the two-year olds? Mrs. Davis: They are not particularly interested in swimming. It was agreed the Old Res would not be used. The Board agreed to grant permission for the use of Town facilities to accommodate the Lena Park group for a one -day outing. The date is to be confirmed with Mr. O'Connell by Mrs. Davis. Mr. O'Connell agreed to make the final arrangements with Town agencies. Chairman Kenney read a recommendation from Mr. McSweeney, Director of Public Works/Engineering for an increase in water rates as follows: "Recent Legislation has authorized the Metropolitan District Commis- sion its first water rate increase since 1962. Effective this year the water rate mill rise $120.00 to $200.00 per million gallons. This change will bring to an end the costly M.D.C. practice of piling up debt and interest obligations to defray annual deficits and put them on a pay-as- you-go basis. Water Rate Increase 10 Selectmen's Meeting July 15, 1974 With the knowledge that the Tows must also increase its charges for water, we have prepared this report as an aid to the Selectmen in their determination of the future water rate. In 1973, Town water revenues exceeded costs for a surplus of $119,000. Anticipated costs for 1974 are expected to exceed revenues for a loss of $25,000 to the Town. This loss figure is based on the new M.D.C.°=+rate and the present Town rate. If this loss is to be turned into a surplus, the Selectmen must vote a rate change (which also must be approved by the M.D.C.) before the 'semi-annual billing in December. It is assumed that no change will be made in the current June billings which are expected to be sent out before the end of this month. With the June bills, however, could be mailed notification that the rate will increase in the next billing period. Also included could be a brief description explaining the raise in rate. The present Lexington water rate is $0.35 per cubic feet with lesser charges of $0.27 for users of overa0,000 cubic feet. When compared to ten outside communities, Lexington is equalled by two, exceeded by four and greater than four with an overall average of $0.365. Five of these ten communities also gave us their new rates. These average out at $0.453 per 100 cubic feet and $0.415 per 100 cubic. feet over 10,000 cubic feet. After some consideration the DPW/Engineering would like to recommend with a few exceptions that one flat rate of $0.45 per 100 cubic feet be charged to all users, with a minimum semi-annual billing of $11.25, en- titling the user to 2500 cubic feet or less. The M.D.C. change in rate represents a 67% increase. Our recommended rate will result in a 29% increase to users of less than 10,000 cubic feet. For users of over 10,000 cubic feet the increase would be equal to that of the M.D.C. or 67%. For the few exceptions such as Hanscom and the VA Hospital we would recommend ik67% increase in their present rates. These special users paid for the construction of their water lines and for that reason are charged less." After discussion, the Hoard: accepted the reamemendation. Increased :Upon moti9d duly -made and seconded, itwae;voted.to-accept the recom- Water mendation of the Director of Public Works/Engineering for an increase in Rates water rates for the residents of the Town of Lexington, as follows, sub- ject to the approval of the Metropolitan District Commission: A flat rate of $0.45 per 100 cubic feet to be charged to all users, with a minimum semi-annual billing of $11.25, entitling the user to 2,500 cubic feet or less. Exceptions: Hanscom Field - $0.29 Rate per 100 cubic feet up to but not exceeding 20,053,500 cubic feet annually. $0.19 Rate per 100 cubic feet in excess of 20,053,500 cubic feet annually. V.A. Hospital - $0.20 All Quantities. Selectmen's Meeting July 15, 1974 Mr. O'Connell recommended that Fire Chief Walter Spellman be ap- pointed as Lexington's representative on the Emergency Medical Service Board. Upon motion duly made and seconded, it was voted to appoint Fire Chief Walter Spellman as Lexington's representative on the Emergency Medical Service Board. Chairman Kenney discussed a request from Mr. Dean Curtin to pur- chase a Town -owned lot on Reed Street. We have voted a moratorium on the sale of lots but I feel we should define the moratorium in terms of scope. We could refer to the Planning Board for a recommendation. The Board agreed. Mr. Brown informed the Board that he had received a telephone call from Governor Sargent asking him to become Chairman of the Hanscom Task Force, and he had accepted. 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 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 11:05 p.m. A true record, Attest: 4It Executive Clerk, Selectmen 11. E.M. S, Fire Dept. Tax Title Curtin Request Hanscom Task Force Select, man Brown Executive Session 12 SELECTMEN'S MEETING July 29, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, July 29, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. Zehner, Town Treasurer, met with the Board to request approval of borrowing $35,000, to be used for the construction of the Wyman Road Treasurer sewer. We previously borrowed $200,000 in sewer money and we have a balance to work on laterals; that balance should carry us through until September 30. Four bids were submitted: New England Merchants Bank - 5.20%; Lexington Trust -5.25%; Depositors Trust and Harvard Trust -5.75%. I recommend that it be awarded to the New England Merchants Bank at 5.20%. Upon motion duly made and seconded, it was voted to award the bid for borrowing $35,000 to the New England Merchants Bank at 5.20%. Mr. Zenner discussed the printing of the 1974 Town Report. Last year, the cost was $6,800 and we have an appropriation of $7,000 for the upcoming.- report. I talked with Semline today and was given a ball- park figure of $8,100. The 1973 report did not contain 20 pages of in - Town come reports and expenses, and that would be additional. Because of the Report inclusion of primary and state elections in the 1974 report, there will be 20 additional pages at approximately $350-400. Regarding my successor, if I were asked to help I would be very willing to do so. I think Mr. Gilmore would be interested in doing it as part of his work with the Town Report Committee but he couldn't be expected to take the time from his job to do it for the Town. The Massachusetts Selectmen's Association is de-emphasizing the Town Report and next year there will just be a photographic contest. Chairman Kenney: The quality and detailing of the report has noth- ing to do with the Massachusetts Selectmen's Association but because of the good historic value of the report. Mr. Bailey: I think it would be a big mistake to cut anything out. As to the cost, we could immediately alert the Appropriation Committee. of the possibility of a transfer. Mr. O'Connell: I think it is time the Town faced up to the reality of the best approach to the future is to get some amount of professional help under a contract arrangement, with the guidance of the Chairman of the Town Report. It is a concentrated effort of three months' work. Chairman Kenney: We still have the immediate problem concerning this year. Mr. Busa: I would inform Mr. Zehner that he would continue with the Town Report. 1 1 13 Selectmen's Meeting July 29, 1974 Mr. Zenner: I am content to do this but it would make the Town less vulnerable with professional backup. Mrs. Battin: How much money would be involved? Mr. O'Connell: It was about $2,000 last year. We have a Rrofes- sional Services account but we did not ask for money for this, but we have the authority to go forward if the Board agreed and we can alert the Appropriation Committee that we would then be short of funds. Chairman Kenney: We would still need some additional money in the account itself. Mr. O'Connell: Yes, there would be two accounts that would be affected. Mrs. Battin: I would like to urge that the Appropriation Committee be alerted to this. Chairman Kenney to Mr. Zehner: The Board is very much in favor of you carrying on for one more year CT so as Chairman of the Town Report Committee. Mr. Zehner: I am agreeable. I will give you a memo on the cost and we will address ourselves to the problem. Chairman Kenney to Mr. O'Connell: Confer with Mr. Gilmore and come back with specifics on how he could be hired. Mr. O'Connell agreed. Mr. Zehner retired from the meeting. Deputy Fire Chief Silva and Captain James Catalano were present at the meeting and were congratulated by the Board upon their regent promo- Fire Dept. tions in the Fire Department. Mr. Robert Tarlin, Bicentennial Director= Mr. Roland Greeley, mem- ber of the Bicentennial Subcommittee on Parking Around the Battle Green Parking Area; Mr. Anthony Mancini, President of the Chamber of Commerce, met Battle with the Board to discuss parking conditions in the Battle Green area. Green Chairman Kenney: Your basic concern is that all -day parkers are using the area and you would like it to be restricted to the use of visi- tors. A report from the Traffic Safety Committee recommends that a 2 -hour parking, limit would be more suitable for this purpose. Mr. McSweeney: The Planning Director is looking into this and we will have more information shortly. Chief Corr is thinking about the en- forcement aspect and recommended that it be implemented on an experi- mental basis for 60 days. Mr. Mancini: As you drive down Bedford Street, you see the same cars there every day; not because the Meriam Street lot is filled but because it is for their own convenience. From 2:00-3:00 p.m., there is a great deal of traffic, including buses pulling up and double parking. If "Tourist Parking Only" signs were placed there, it would discourage all -day parkers. I would like to see it done for the next 60 days. 14 Selectmen's Meeting July 29, 1974 Mr. Greeley: We would like to try it for the rest of this summer. We know it is going to be a more acute problem next year. Mr. Brown to Mr. McSweeney: How long would it take to get the 2 -hour signs? Mr. McSweeney: We have them now. Mr. O'Connell: Does tourist parking include bus parking? They constitute a very severe traffic hazard as it is common practice for them to park at Bedford and Hancock Streets. We should get an answer on their parking elsewhere. Mr. Bailey: What happened to putting them in the church areas? Mr. Tarlin: We are working on it. Mr. Greeley: Next year, we must make provision for buses. Mr. Tarlin: I agree with Mr. O'Connell but, as of today, we want to get to the beginning. Upon motion duly made and seconded, it was voted to request Mr. McSweeney, Director of Public Works/Engineering, to make arrangements for the installation -of "2 -Hour Parking" signs around the Battle Green area for a trial period of 60 days. Mr. O'Connell informed the Board that, as a result of the complaint filed concerning the removal of earth on Lowell Street at the Burlington Arcade, Mr. Wathen-Dunn, 44 Maple Street, had requested a ruling as to Earth the exact meaning of Article 29 -Loam, Sand, and Gravel Removal. I met Removal with Mr. Wathen-Dunn and explained it to him. I then met with Town By -Law Counsel and the Building Commissioner, who requested an interpretation by Town Counsel. Town Counsel Cohen replied that when gravel, sand, loam or earth are being removed from a Lexington property, the only conditions under which removal is legal are: 1. When the removal is incidental to the erection of a building for which a building permit has been issued. 2. When the removal is incidental to the construction of a street, which has been approved by the Planning Board. 3. When the removal has been authorized by special permit granted by the Board of Appeals. Under all other conditions, removal is illegal. The Board agreed to send a copy of Town Counsel's decision to Mr. Wathen-Dunn. Mr. O'Connell is to inform the Police Department and all concerned Town agencies. Turning The Board discussed the vote of July 15, 1974 to approve the recom- Mill Road mendation of the Director of Public Works/Engineering to construct the Sewer Turning Mill Road sewer 17 Selectmen's Meeting July 29, 1974 Chairman Kenney: We have received many letters requesting recon- sideration of our vote. In my opinion, it was a correct decision and if done very carefully the long-term environmental impact will be negative. Mrs. Battin: In response to the letter from the North Lexington Association, the pumping station route was less costly; two engineers suggest when going out for bid, to come in with figures on gravity and the pumping station. Mr. McSweeney: The whole line would have to be re -designed. Discussion was held with residents of the Turning Mill Road area and it was Bite decision of the majority of the Board not to change the vote of July 15. Mr. O'Connell informed the Board that bids have been received on DPW road machinery: two 35,000 lb. trucks, complete with sander bodies; one front end loader; one 35,000 ib truck, chassis only. The low bidder for each of the two units wassTaylor and Lloyd, Inc., Bedford, at $25,384 for each of:_the two units - $20,800 for the chassis Road and the remainder is for sanding body equipment. $50,768 for the two Machinery units. Purchase Chairman Kenney: What's in the budget? Mr. O'Connell: $17,000 for each truck chassis, $3,500 for each sander body. We are short for each unit, and this represents an in- crease in truck cost. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to purchase two 35,000 lb. trucks, complete with sander body, from Taylor and Lloyd, Inc., Bedford, in the amount of $50,768. Mr. O'Connell: We carried $37,800 in the budget for replacement of the front end loader. There were five bids and the lowest was for $32,095 but they did not meet the specifications. The recommendation is to award to State Equipment Co. at $34,201 as they meet the specifi- cations. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to purchase a front end loader from State Equipment Co. in the amount of $34,201. Mr. O'Connell: Taylor and Lloyd was the lowest bidder for the 35,000 ib. truck, chassis only, at $20,872. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to purchase a 35,000 ib. truck, chassis only,;from Taylor and Lloyd, Inc., Bedford, in the amount of $20,287. The Board agreed that Mr. O'Connell is to answer all questions re- E.P.A. garding the E.P.A. Transportation Control Plan. Trans. Plan 16 Benches Selectmen's Meeting July 29, 1974 Mr. O'Connell informed the Board that Mr. McSweeney is going for- ward on approval of Historic Districts Commission to install benches. The plan is to replace those on the Green and, also, on the approach to Belfry Hill. Later on, there will be one in Hastings Park and Tower Park. The total cost would be approximately $50-75. Chairman Kenney read a request from the Director of Public Works/ Engingering to take a sewer easement off Gould Road. This easement is approximately 150 feet in length and 20 feet in width, and will service three homes. The easement was incorporated into the design due to the Sewer topography of the house lots in the area. Alternately stated, for these Easement three homes, it would be uneconomical to be serviced to the front due to Gould Rd. the deep cuts that would be necessary. All three abutters were notified by mail of the proposal approximately six weeks ago, and to date there have been no objections. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to take sewer easements off Gould Road, approximately 150 feet in length and 20 feet in width to service three homes. Chairman Kenney informed the Board that the Traffic Safety Committee recommends that there be no parking on Forest Street from Waltham Street Traffic to Massachusetts Avenue. Rules Upon motion duly made and seconded, it was voted to amend the Traffic Amendment- Rules and orders of Lexington, adopted by the Board of Selectmen on Nov - No Parking ember 13, 1967, by adding to Article V, Section 2, Schedule #1, the Forest St. following: Tow -Away Zones Location Side From To Type Parking Forest Street Northerly Waltham St. Mass. Ave. No Parking This Side Approval of the Massachusetts Department of Public Works is to be requested. Upon motion duly made and seconded, it was voted to table the re- quest of the Traffic Safety Committee to install Stop Signs at various locations. Chairman Kenney read a request from Police Chief Corr to amend the Traffic Rules and Orders to include a provision for towing from re- stricted areas, especially because of the upcoming celebration year. This will provide towing penalties when someone parks under a "No Park- ing" sign. 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 11, Section 7, Paragraph 4, a new sub -paragraph to read: (J) in a restricted area where parking is prohibited. Approval of the Massachusetts Department of Public Works is to be requested. Selectmen's Meeting July 29, 1974 Chairman Kenney read a letter from Newton Mayor Mann to nominate a representative of Lexington to the Advisory Manpower Planning Board. Upon motion duly made and seconded, it was voted to appoint David Hughes as the representative of Lexington on the Advisory Manpower Plan- ning Board on a temporary basis. Chairman Kenney informed the Board that recommendations have been received from the Munroe School P.T.A. regarding the installation of a pedestrian signal. It was agreed to refer the recommendations to Mr. McSweeney, Chair- man of the Traffic Safety Committee, for re-evaluation, after which a meeting would be arranged with the P.T.A. in September. Chairman Kenney requested the Board to sign the renewal of the Selectmen/Town Manager insurance policy. Upon motion duly made and seconded, it was voted to sign the renew- al of the Selectmen/Town Manager insurance policy with Alexander & Alexander, One Boston Place, Boston, Mass. in the amount of $1,500 (plus Mass. Tax of $60) for the period of July 1, 1974 to July 1, 1975. Upon motion duly made and seconded, it was voted to approve the request of the Director of Public<Works/Engineering for abatement of water bills, and to sign the abatement forms for the followings Howard Richter Francis DeRoche Sumner Lawrence Daniel Hampton Alice G. Marshall Herbert Ansel' Harry Wolfe 26 Suzanne Road 144 Grant Street 48 North Street 20 Bartlett Ave. 9 Independence Ave. 12 Peacock Farm Rd. 15 Phinney Road $ 8.40 Min. charge not deducted 8.40 66.26 Pit meter read wrong 16.10 Wrong meter reading 3.50 Min. charge not deducted 70.00 Wrong meter reading 9.10 Wrong reading O fl 11 11 Upon motion duly made and seconded, it was voted to sign the Theatre licenses for weekdays and Sundays for the Lexington Theatre, Inc., Mass. Avenue, Lexington. Upon motion duly made and seconded, it was voted to sign the appli- cation by Lexington Theatre, Inc., for a State Sunday license. Chairman Kenney read a request from the Board of Retirement to approve the retirement of Dr. Ado Commito, Assistant Superintendent of Lexington Schools. Upon motion duly made and seconded, it was voted to approve the retirement of Dr. Ado Commito, Assistant Superintendent of Lexington Schools, under G.L. Ch. 32, s. 58(b) -Veterans' Section, effective July 31, 1974. it Advisory Manpower Planning Board Munroe PTA Traffic Signal Selectmen/ Town Mana- ger Insur- ance Policy Water Abatements Theatre License Lexington Theatre Sch. Empl. Retirement Dr. Commito 18. Historical Park Selectmen's Meeting July 29, 1974 Chairman Kenney read an invitation from the Minute Man National Historical Park Service to attend the ground breaking ceremony on August 2, 1974. Chairman Kenney is to attend. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied to Secretary Davoren for Cert. of Certificate of Incorporation: Incorpora- tion Nancy B. MacKenzie, Paul J. MacKenzie, 13 Maple Street; James P. and Marion C. Feilly, 25 Walnut Street; Frank B. and Marcia M. Stille, 5 Hawthorne Road, "Food for Children in Vietnam, Inc." 75-4-E_Tennis Court Con- struction Executive Session Glenn W. Boynton, 48 Hancock Street, "Brighton Community Health Education Project, Inc." Salvatore Pace, 9 Wildwood Rd., "Communications Resource Center, Inc:" Upon motion duly made and seconded, it was voted to sign Contract 75-4-E awarded to George Brox, Incorporated, 1471 Methuen Street, Dracut, for tennis court construction in the amount of $19,493.32. 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 ooncerning personalities and legal matters, 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: �,. hc' Executive Clerk, Selectmen SELECTMEN'S MEETING August 12, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, August 12, 1974, at 7:30 p.m. Chairman Kenney, Mr. Bailey, Mr. Buse, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works/Engineer- ing; Mrs. McCurdy, Executive Clerk, were present. Mr. Roland Greeley, President of the Lexington Historical Society, and Mr. Otis S. Brown, Jr., Chairman of the Hancock -Clarke House Resto- ration project, met with the Board to discuss moving the Hancock -Clarke House across Hancock Street to its original site and to make restora- tions. Mr. Greeley: Plans call for a completely new foundation and the house will be totally fire resistant and climate controlled for arti- facts. There will be a new wing, for which there is no room on the present site, and a reception area for tourists. This will allow us to display the furniture we acquired at the auction in June; furniture which was originally in the house. Afterwards, we will landscape the area. No off-street parking is to be provided. Mr. Otis Brown: In thinking of resurfacing and reconstruction of Hancock Street, we request that you give consideration to not curbing within 150 feet of the Hancock -Clarke House. The Board agreed to take the request under consideration. Chairman Kenney: The Historical Society has requested that the Board endorse a resolution on the restoration project. Upon motion duly made and seconded, it was voted to endorse the following resolution: RES O L U T I O N "Whereas returning the Hancock -Clarke House to its original site, and restoration of the kitchen wing are vital to the proper display of this historic building during the Bicentennial years; and Whereas exhibiting the most outstanding mementos of the Battle of Lexington in truly distinctive setting will enhance their educational and inspirational value; and Whereas provision of thoroughly safe, climate -controlled space is essential for the storage and preservation of those records, artifacts, and archives which the Lexington Historical Society has acquired and maintained on behalf of the Townspeople; 19 Hancock - Clarke House 20 Selectmen's Meeting August 12, 1974 Therefore, be it resolved by the Lexington Board of Selectmen that the Hancock -Clarke Restoration Project be endorsed as a major undertaking of the Lexington Bicentennial celebration, and that the citizens be urged to support this worthy community project. Allan F. Kenney Fred C. Bailey Alfred S. Buss Margery M. Battin" August 12, 1974 Board of Selectmen Mr. Greeley: We have a permit from the Board of Appeals and the Historic Districts Commission has given approval of this. Mr. Edgar Bailey, Mr. George Graves, Cary Hall Trustees' Sub- committee on a Cary Hall sign, and Mr. Donald Shaw, Historic District Cary Hall Commission, met with the Board. Signs Chairman Kenney: We have had requests from citizens for signs identifying Cary Hall and we would like your reaction. If you approve, we would come up with a definite suggestion and take it to the Historic Districts Commission. Mr. O'Connell: The letters would be approximately 8 inches and the valance board is approximately 12 inches. We estimate it would cost no more than a few hundred dollars. Mr. Shaw: Would you have raised wood lettering? Mr. Graves: I prefer raised metal letters. We want to be able to read it from the street as it is up so high. Chairman Kenney: Raised letters would double the cost; gold leaf becomes prohibitive in cost. Mr. Edgar Bailey: The thinking at the moment is to have raised letters. There is a question as to whether it should have the dedica- tion name, Isaac Harris Cary Memorial Hall. It was agreed that the Subcommittee would discuss the sign with the Cary Hall Trustees and come back to the Board. Mr. Edgar Bailey, Mr. Graves and Mr. Shaw retired from the meeting. Jurors At the request of the Town Clerk, six jurors were drawn, as follows: Betty L. Fogg Gail Lee Hubred Martin M. Rogers Edward A. Brown Jean 8. Sullivan Roger D. Gould 10 Hilltop Avenue 41 Reed Street 33 Ewell Avenue 8 Birch Hill Lane 25 Wyman Street 20 School Street Selectmen' Meeting August 12, 1974 Mr. O'Connell discussed House Bill 6100 (revision in the allocation formula) and the effect on the Cherry Sheet. This bill was passed by the State -and, as a result, the allocation of funds on the Cherry Sheet was substantially reduced. We received a oopy of the estimate that was prepared by the State and, before it could be distributed to the Board, we received a Cherry Sheet supplement. The figures don't agree. The major change is the revision of the apportionment of increased assess- ments to Lexington, $253,773 to $277,676. There are major changes due to the Bill; the other changes between money in the Bill and on the Cherry Sheet are small. Two hundred and fifty cities and towns benefited; ninety-four get a decrease, and we are one of those. Lexington would lose between $1.00 and $1.50 on the tax rate due to County assessments; a change in the formula determining the allocation of the County budget among towns. Chairman Kenney: It is expected that the Assessors will set the tax rate. Mr. O'Connell: I believe it will be about the same as we forecast. Mr. O'Connell discussed the Boston Transportation Control Plan re- quirements relating to a reduction on employee parking spaces and the development of a plan to prohibit on -street parking by employees when the available parking spaces are reduced. I have asked for an extension of the September deadline pending clarification from E.P.A. on how-to deal with problems growing out of the reduction of our parking spaces. As I interpret the regulations, we have to reduce by one-quarter. Chairman Kenney: We would then have to push them out onto the street, and what is the Post Office going to do? Mr. O'Connell: I asked for their plan and learned that no federal agency has filed. The Board agreed that Chairman Kenney is to write to Congressman Cronin asking for his assistance in having the matter referred to some independent Board or authority for a complete review. Mr. Robert Bowyer, Mr. Daniel McCabe, Mrs. Angela Frick -Conserva- tion Commission, and residents of the Valleyfield Street area met with the Board to discuss the proposed footpath. Mr. Bowyer: The cost is obviously a consideration and what we -are proposing would be as minimal in cost as you could get away with for improvement; no macadam. The Town already owns half of this; the parcel on the left is presently a paper street and the ownership is not clear. In checking with the Assessors, no taxes are assessed and not paidon it, so that parcel is not readily developable, and the question is why should the Town acquire it - and I think you have to acquire it to insure right- of-way access. Kids are using it now and are traveling over private property. Chairman Kenney: These are the owners we can't find? 21 H. 6100 Transport- ation Control Plan - Town Office Parking Spaces Valley- field Footpath 22 Selectmen's Meeting August 12, 1974 Mr. Bowyer: In all likelihood, it could be the two abutters. The kids are using it now. Chairman Kenney: As I see it, you are asking the Town to build a non - path; not to plow it or maintain it. What is the legal implication if a kid falls down? Mr. Bowyer: You can use the same logic when the sidewalks are not plowed; there is no difference. The only thing we are saying is, we re- quest that this one isn't plowed. Mr. McSweeney: There is a big difference between a public footway and what you are asking for. You might find there are people that might not agree With you, and also they might want it paved after it was laid out. You have to have a public hearing. The questions of whether it is asphalt or whether it is maintained, those things come afterwards. Some- one else might have another opinion of how they want their children to get to school. Mr. McCabe: We had a meeting and the general consensus was towards this. The neighbors don't want macadam. I have no qualms about.having a hearing. Mr. Bailey: Do we have any similar footpaths now? How do we handle liability? Chairman Kenney: We have bikeways now; we built them to our specifi- cations. Mr. Busa: If it becomes a footpath under Town jurisdiction, how would the neighbors feel or the School Committee feel if we try to elimi- nate the bus? Once the Town assumes the responsibility, the school will be notified, and one bus taken off. Then, What? Mr. McCabe- It is an interesting problem between the neighborhood and the residents in the Bridge Street/Valleyfield Street area. Their children are walking now; all the Junior High kids are walking and only those in Woodhaven are bused. Wehave talked to Dr. Fobert and the School Department and they say that if the path is not plowed, it will not affect the buses. I think we are on fair ground with the School De- partment, but have<.a,difference of opinion with other neighbors. We had a compromise if the path could be built of an informal nature and still have the bus. I would like to see a path that is not a mongrel and un- safe, and would like one built comparable to bikeways. There are two types at the Res, some paved and others that are gravelled. We are look- ing for a path of reasonable standards, not brought up to standards of paving. Mr. Bailey: It is a question of getting title to the whole right- of-way from Waltham Street to Valleyfield Street, and to make a decision of improving it or not. I think we should immediately establish that a right-of-way can be ensured and we should ask the Town Counsel what the possibilities are. I have no objection to putting it in for next year's budget for the modest need at a modest cost. But we have to first make sure we can do it legally. Selectmen's Meeting August 12, 1974 Chairman Kenney: With Town Meeting authorization to take the land. Mr. Buse: Mr. Sokow could comment on this. Mr. McCabe: Mr. Sokow is in the beginnings of building a house and in the beginning he was concerned about it; but when he found out what we proposed to do, he has no objections. Mr. Buse: How about Mrs. Hooper? Mr. McCabe: They are (Hoopers) taking a toll of the kids. Mrs. Perry: The original observation involving that was dropped, and the only other question was the school bus and what they are pro- posing now has our complete support. Mr. McSweeney: I am not for or against, but I don't want anybody to think when we have requests to plow that we have to go in. The minute that goes in, you are going to lose your bus. We see nothing wrong with going in. As Mr. Bailey has said, you want an Article and you want to make it safe. There is a possibility that people will be requesting that it be plowed. Mr. McCabe: The consequences of the possibility of losing the bus are what we are worried about. We would like the School Department to be cooperative and not take the bus away. Chairman Kenney: Mr. McSweeney is saying we don't know about the future. You are setting in motion a series of events of losing the bus. I am also worried. Mrs. Frick: I would encourage the Selectmen to encourage walking. I think Mr. Sokow is still waiting for a final Order of Conditions because he has to wait for Mr. McSweeney and the Selectmen to move a brook. Mr. Busa: I agree that children should walk. You mean leave it as it is and have them walk the entire route. It is better to walk through a wooded area than to walk out and be hit by cars. We have the same situation all over Lexington. Mrs. Battin: I would support Mr. Bailey. We should go to Town Counsel about titles and talk to the School Committee about the bus. Chairman Kenney: We will go along with all but the School Committee. Chairman Kenney to Mr. McSweeney: Include in the budget, figures similar to a bike path. Mr. Bailey: We will ask Town Counsel to look at the title. Mr. McSweeney: We will confer with Town Counsel. Chairman Kenney: When we get the technical. specs.,. we will send them to Mrs. Frick. Mr. Bowyer: .One .of .the things that .got us .into .the .problems last March.was-the-apparent requirement .on . one hand that such a pedestrian pathway be called a footpath, and that.implied certain standards of liability on the part of the Town, such as, lighting, plowing, insurance vs. conservation walkway or path. I would like not to get caught in that polarity - there ought to be something in between. We have some walkways that are not laid out like a street. I don't know the answer but would hope we could ask Town Counsel for middle ground; not in Conservation's lap nor a formal pathway. 23 24 Buckman Tavern Maintenance Items Pole Bedford St./ Hartwell Ave. Selectmen's Meeting August 12, 1974 Mr. McSweeney: You are looking for a walkway and the Board has the authority to set any standards to make it safe, and not put lighting in there unless a request is made by residents. Conservation footpaths and several short cuts or easements that were put through subdivisions. Once accepted by the Town, the School bus doesn't go in there. Chairman Kenney: It is our intent, obviously, to do a minimal job, as requested, and to confer with Town Counsel on takings. It could be made out of dirt until you get a group of people coming in that want to change it. Mr. McSweeney was instructed to submit cost estimates for 'a foot- path in the FY 76 budget and, also, to confer with Town Counsel on titles and land taking. Mr. Bowyer, Mr. McCabe, Mrs Frick, and Valleyfield area residents retired from the meeting. The Board discussed a request from the Buckman Tavern Reconstruc- tion Committee that the Town maintenance forces continue with lawn mow- ing; clean and examine gutters periodically; clean and examine downspouts and drywells to ascertain that proper drainage is maintained away from the basement walls; trim bushes; maintain grades sloping away from the foundation to prevent water from entering the basement through the stone foundation; consider the feasibility of assisting in the installing and removing of storm windows; consider adding to the other evening -hour patrol activities of the Fire Department, the inspection of the Buckman Tavern property from the exterior, and of the interior only When noti- fied that the building will be vacant - for vandalism, fire protection devices and any other unusual conditions observed, especially during the Bicentennial period. Chairman Kenney read a report from the Director of Public Works/En- gineering stating, " I regret to say that, while this Department will continue to cooperate as we have in the past with the outside ground maintenance and any other minor problems, we 'could not undertake this additional program without careful consideration of our needs for staff, budget, and equipment." After discussion, the Board agreed to inform the Buckman Tavern Re- construction Committee that our arrangements with the Historical Society to perform ordinary maintenance on Buckman Tavern would be continued, such as lawn mowing, clipping of shrubs. The inspection of the exterior by the Fire Department has been taken under advisement pending a recom- mendation from the Town Manager and the Fire Chief. Chairman Kenney read a request from the New England Telephone Com- pany and the Boston Edison Company for the relocation of a joint -owned pole at the Bedford Street/Hartwell Avenue intersection. No hearing is required. Selectmen's Meeting August 12, 1974 Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company and the Boston Edison Company for the joint relocation of a pole at - Bedford Street: One joint owned utility pole to be relocated approximately six feet to a point forty feet northwesterly of station #14 on Bedford Street near the intersection of Hartwell Avenue. Chairman Kenney read a report from the Director of Public Works/ Engineering regarding the request from W.R. Grace Company for the Town to assume the cost, in the amount of $1,225, of underground electrical service on Hayden Avenue by discontinuing the temporary service to the Hayden Avenue pumping station. The report states, "This temporary ser- vice was allowed as a result of their needs for electrical power during the construction phase of their buildings. The reason for this request was that in their dealings with Boston Edison, they found out that the installation schedule from Boston Edison would not meet with their time schedule. Therefore, the quickest way to expedite this matter was to install the temporary service to our pumping station. The Board granted approval of this temporary service, with the condition that they provide the necessary electrical disconnect and that they would assume all costs for both temporary service and the restoration of same. . I feel that the Town has more than paid its share of cost for electrical under- ground service on Hayden Avenue." The Board agreed to inform W.R. Grace Company that it is the con- clusion of the Selectmen that the charge of $1,225 was fair and reasonable and the Town would not participate in the cost. Chairman Kenney informed the Board that the State Department of Public Works requests that the Board sign the agreement relative to the installation of Pedestrian -Actuated Traffic Control Signals on Route 2A. The agreement has been checked and approved by Mr. McSweeney for the location at the Minuteman Regional Vocational Technical School. Upon motion duly made and seconded, it was voted to sign the agree- ment between the Commonwealth of Massachusetts and the Town of Lexington relative to the installation of Pedestrian -Actuated Traffic Control Sig- nals on Route 2A at the Minuteman Regional Vocational Technical School. Chairman Kenney read a letter from the Cary Memorial Library Trustees nominating Mrs. Sarah Harkness, 34 Moon Hill Road, to fill the vacancy on the Historic Districts Commission caused by the resignation of Royston Daley. Upon motion duly made and seconded, it was voted to appoint Mrs. Sarah Harkness a member of the Historic Districts Commission, repre- senting the Cary Memorial Library Trustees, to fill an unexpired term of office to January 1, 1978. 25 W.R. Grace Electrical Costs Hayden Avenue Min. Reg. Voc.School, Route 2A Traffic Signals Appt. Historic Districts Comm. 26 Tax Title Special Police Officers Youth Advisory Commission High School Representa- tives Cert. of Incorp. Minutes Town Report Printing Selectmen's Meeting August 12, 1974 Chairman Kenney read a letter from the Planning Board stating that it agrees there should be a moratorium on all tax title lots for one year in order to give Town agencies an opportunity to review each lot to determine whether or not there is an appropriate Town use for these lots. The Selectmen have the up to date list of tax title lots considered suitable for scattered site housing, which the planning staff has compiled from existing records. If additional previously unknown lots are brought to our attention, the Planning Board will review them on an individual basis and keep you advised. Chairman Kenney: We will continue with our prior vote of a moratorium on the sale of tax title lots until May 31, 1975. The Board agreed. Chairman Kenney read a request from Police Chief Corr to appoint three additional Special Police Officers. Upon motion duly made and seconded, it was voted to appoint the following as Special Police Officers in the Town of Lexington: Patricia A. Swanson, Anne R. Scigliano, Angelo D. Azzolino (Libraty Custodian). Chairman Kenney informed the Board that a list of High School nominees has been received for appointment to the Youth Advisory Commission. Upon motion duly made and seconded, it was voted to appoint the following members of the Youth Advisory Commission for a term of office from July 1, 1974 to June 304 1975. Josh Cochin, Betsy Kassler, Madelyn Quinlan, Christopher Anderson, Suzanne Abkowitz, Mary Rockwood, Matthew Powers, Douglas Gallager. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration: Robert P. Hunter, 20 Benjamin Road, "The Hunter Farm, Inc." Charlotte Aladjem, 3 Field Road, "Waltham Committee for Community Residences, Inc." Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings of January 28, February 4, Feb- ruary 11, February 19, February 25, March.4 „May 13, May 20, 1974. The Board discussed a memo from Mr. Zehner, Chairman of the Town Report Committee, regarding the budget for printing the report. Chairman Kenney: Essentially, Mr. Zehner is saying that he has a budget of $7,000 and he will need $8,500. The Board agreed to meet with Mr. Zehner to discuss the budget and the cost for professional services. Selectmen's Meeting August 12, 1974 Upon motion duly made and seconded, it was voted to sign the Warrant for the State Primary to be held on September 10, 1974 and to set the polling hours of 7:00 a.m. to 8:00 p.m. Upon motion duly made and seconded, it was voted to remove from the table the request from the Traffic Safety Committee to amend the Traffic Rules and Orders by adding Stop signs at various locations in the Town. Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders, adopted by the Board of Selectmen on Novem- ber 13, 1967, by adding the following: By adding to Article VIII, Section 22, Schedule #7, the following: Street Spring Street Bridge Street Middle Street Westminster Ave. Vaille Avenue Gleason Road Gleason Road Locust Avenue Locust Avenue Dawes Road Muzzey Street Muzzey Street Hayes Avenue Hayes Avenue Location Northeastbound at Northwestbound at Southwestbound at Northwestbound at Eastbound at Reed Northwestbound Southeastbound Northeastbound Southwestbound Northeastbound Northeastbound Southwestbound Northeastbound Southwestbound at at at at at at at at at Marrett Rd. & Bridge St. Marrett Rd. & Spring St. Lincoln St. Lowell St. St. Fuller Rd. Fuller Rd. Follen I. Pollen Rd. Pollen Rd. Forest St. Forest St. Meriam St. Meriam St. Regulation Stop Stop Stop Stop Stop Stop Stop Stop Stop Stop Stop Stop Stop Stop A request is to be submitted to the State Department of Public Works for approval of the locations. Chairman Kenney informed the Board that the Board of Appeals has requested an opinion regarding the application of Kitchen and Kutchen for a finding and determination on the 3.0514 acres of land located at the northeasterly corner of Hartwell Avenue and Hinchey Road. It was agreed to inform the Board of Appeals that the Board of Selectmen has no objection to the development, as proposed by Kitchen and Kutchen. 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. 27 State Primary Warrant Stop Signs Kitchen and Kutchen Hartwell Ave. Executive Session 2S Selectmen's Meeting August 12, 1974 After discussion of matters concerning Town Departments, it was voted to go out of Executive Session. Upon motion duly made and seconded; it was voted to adjourn at 10:00 p.m. A true record, Attest: Executive Clerk, Selectmen SELECTMEN'S MEETING August 26, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday August 26, 1974 at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering and Miss Casey, Assistant Executive Clerk were present. At the request of the Town Clerk, Ruby O. Fawcett William H. Copp, Jr. Elizabeth Rose O'Neil Edward J. Ferri Ivadelle M. VanWingerden Daniel I. Murphy Timothy J. Quinlan seven jurors were drawn as 511 95 905E 10 21 54 2 Marrett Rd. Bridge St. Mass. Ave. Colony Rd. Oxbow Rd. Gleason Rd. Eliot Rd. follows: Mr. O'Connell read a letter from Mr. Patrick F. Joaaes, Jr., Presi- dent of the Lena Park Community Development Corporation quoted in part as follows: "On behalf of the Lena Park Community Development Corporation I herewith express our sincere thanks to you for your cooperation in making our visit to Lexington an enjoyable and meaningful affair. It is the unanimous feeling of the more than 600 youths and adults who attended and participated in the day's events that Lexington is a fun place. While we all enjoyed the scenic and picturesque landscape, we were equally fond of the sort of easy 'no hassle' style which seems to exude your Town and its citizens. Anytime you care to exchange or spend a day or so in a different atmosphere, we will try to accommo- date your wishes. Would you be kind enough to thank the personnel of the Estabrook School as well as firemen, park employees and others who made the day such a success. Sorry T cannot remember all of the names." Lena Park The problem of police enforcement of the By -Laws regarding land removal was discussed. Mr. Bailey pointed out that the police need specific guide lines and that they should be published in the local newspaper. The Board concurred that the Town Manager should take Land steps to publicize the rules. It was also agreed that the building Removal inspector would meet with the owner of the property that Mr. Wathen- Dunn was questioning and impress upon the owner the necessity to make the property more presentable. 30 Tax Rate Day Care Centers Parking Wilson Farm Stand Selectmen's Meeting August 26, 1974 The Board of Assessors advised by letter that they had set the tax rate at $70.40 which was approved by the State last Friday. The new rate represents 800 per thousand over the 6 months tax bill and 600 in- crease over the 1973 annual tax bill. This amounts to approximately 1% increase in the tax rate. Mr. O'Connell: Looking back over the last five years, Lexington's tax rate increased from $65.00 to $70.40 which represents less than 11% increase over the five-year period. During that period Lexington did not receive much relief from Federal revenue sharing. Surrounding communities have increased by 10-12% per year. I wonder if the Town understands and appreciates. Lexington's valuation is approximately 90% -- it is extremely higher in Lexington than other places. Lexing- ton Taxpayer is carrying his own weight. Mr. O'Connell informed the Board that the State.Office for Children had advised the Town that pursuant to Section 12 of Chapter 28A of the General Laws, they were going to rescind to all delegated cities and towns the authority to issue licenses to Day Care Centers. The Lexing- ton Board of Health has served under the auspices of the Massachusetts Department of Public Health as the licensing authority within Lexington. In 1972 Chapter 875 of the Acts of 1972 replaced the Department of Public Health with the Office of Children. The licensing procedure remained essentially unchanged. This change in licensing procedure will become effective as of November 1, 1974. Mr. O'Connell: It appears that there are two things to do. One, Simply have the Board of Health extend the licenses to the end of the year at no charge or the alternative to make a full renewal charge. September 15 is the annual renewal date for the licenses for our Day Care Centers. The annual rate is $15.00. We have about ten daycare centers. The Board of Health would appreciate:; having it expressed that they be authorized to handle it. They have expressed in a meeting with Dr. Cosgrove and George Smith that they will question day care centers that they believe are below the size that is appropriate. They may be told by the State that they do not plan to renew their licenses. Mr. Kenney: We will be pleased to do this. Maybe they would do well not to charge the additional fee. The Board agreed not to charge the additional fee. Mr. Kenney read a letter from Mrs. Morash regarding the parking problem at Wilson Farm Stand at Fern and Pleasant Streets. Enclosed were pictures showing cars parked on the sidewalk at this location. This letter had been referred to the Traffic Safety Committee for a report. At their meeting of August 6, the Committee discussed the letter and noted that the construction at this location had not been com$leted when the picture was taken. Therefore no clearly defined - edge of roadway had been provided. Since then, construction has been completed and a berm has been provided, and in order to park on the sidewalk a motorist must mount this berm, a bump he cannot help but notice. The Committee has requested the Police Department to check for violators during peak business hours at Wilson Farm Stand. Selectmen's Meeting August 26, 1974 Mr. Bailey: Wilson's is getting to be a problem. The police have to be heavy-handed. Wilson's will have to provide mere parking places. Mr. Kenney: Would it help to paint it yellow? Mr. Bailey: Talk with this lady and see if she still has complaints. Mr. Kenney: We don't want the entrance to the street blocked. Mr. McSweeney, please talk with Mrs. Morash and get back to us with a report. The Board of Selectmen had received a request from Mr. White of 8 Sunnyknoll Terrace to be connected to the Town sewer system. Mr. Kenney read a report from the Health Department that stated that Mr. White did need to have sewerage to his property. The 1975 sewer budget was dis- cussed. Mr. Bailey: How are we doing on next year's line-up? Mr. McSweeney: There are half a dozen of these. We will come back with the availability of the funds and a run-down of needs. Four or five bids will come in on Thursday. The Board agreed to accept Mr. McSweeney's recommendations. On July 22, 1974, Mr. Domenic J. DeFronzo had written a letter to the Board of Selectmen regarding the trafficconditions on North Hancock Street. This was referred to the Traffic Safety Committee for a report. Mr. Kenney read the Traffic Safety Committee's report. It was -their feeling that although geometrically North Hancock Street is in the minor street category, its volume and usage characteristics place it in an arterial street capacity. As North Hancock Street exists, it is difficult for the Police Department to cite speeders due to the lack of any approved speed zoning. It was their recommendation, based on usage and effective enforcement considerations, that North Hancock Street be studied for the posting of speed zones. The Board agreed to the pro- posal. Mr. Kenney read a letter from the St. Jude Children's Research Hospital for permission for their organization to conduct the Annual Danny Thomas March on October 5-6 throughout Lexington. Mr. O'Connell: I suggest that you be sure the police know about it. It was agreed that permission be granted and the police be so notified. Mr. Kenney read a letter from the Muscular Dystrophy Associa- tions of America, Inc. requesting permission to conduct the Annual Appeal Funds Drive on Sunday, October 27, 1974 throughout Lexington. It was agreed that permission be granted and the police be so notified. 31 Sewerage Sunnyknoll Terrace Traffic No. Hans, cock St. Annual Danny Thomas March Muscular Dystrophy Funds Drive 32 Minutes Selectmen's Meeting August 26, 1974 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on March 11, 1974 and May 16, 1974. Mr. Brown requested one correction in the minutes of the March 11 meeting. Reference to the "Minute Man statue in stone" be changed to "Minute Man statue in bronze." A request from the Vine Brook Corp. for permission to move to 52 Vine Brook Bedford Street was read. Corporation Upon motion duly made and seconded, it was voted to set up a public hearing for September 9, 1974 for permission for the Vine Brook Corp. to move to 52 Bedford Street. This would be advertised in the Minute Man on August 9, 1974. Mr. Busa abstained because of his family relationship with members of the corporation. Canon Rock Lot The Flicks Chairman Kenney read a letter from Mrs. McGrory regarding a parcel of land at Washington and Warren Streets that was alleged to have been used by General Percy during the Revolution. It was suggested that the Town acquire the property. Chairman Kenney: The Bicentennial Committee has decided not to par- ticipate in the acquisition of the property. Mr. O'Connell: If it is acquired essentially out of its historic value we could consider the appropriateness of using conservation funds. but don't make it next year. Mr. Bailey: What are the funds available right now. Mr. O'Connell: Public Trust Funds are available. Chairman Kenney: The feeling is that the general public partici- pation might be more appropriate for this piece of land. Try trust funds as one source. We should instruct Town Counsel to take proper action. Mr. Brown: The problem is that there is no absolute evidence that this land was ever used by General Percy. The placques on Massachusetts Avenue were removed at Mr. Worthen's insistence. There seems to be no real evidence. Mr. Bailey: Still, keep it on ice. Chairman Kenney: We should accept the recommendations and instruct Town Counsel to file notice of claim. General public participation would be most appropriate. Upon motion duly made and seconded, it was voted to sign the licenses for week -days and Sundays for the Lexington licenses for the Minuteman Cinema, Inc. d/b/a the Flicks., 10 Muzzey Street, Lexington. It was agreed to hold the licenses until the State license for Sundays and the remit- tance fee was received from the Flicks 33 Selectmen's Meeting August 26, 1974 Mr. O'Connell stated that the Department of Public Works planned to renew the Sanitary Landfill permits for two years beginning October 1. Sanitary He requested the Board to authorize the Department of Public Works to Landfill extend the existing permits up to the end of October to give an over -lap Permits period, and continue the $1.00 nominal fee so that the residents would get two years for one fee. Upon motion duly made and seconded, it was voted to extend the Sanitary Landfill permits to expire on October 1, 1976. Upon motion duly made and seconded, it was voted to appoint Neil Guide Mager, 1 Berwick Road an Official Guide of Lexington. Mr. O'Connell requested the Board to authorize abatement in the amount of $60.00 for July and August for two months' charges. against Abatement Hanscom Field for the dog shelter. The contract expired the end of June Dog and they said they were pleased to renew. The new contract was forwarded Shelter to them and they responded they did not want to extend the contract. Upon motion duly made and seconded, it was voted to abate the two months' charges against Hanscom Field for the dog shelter. Mr. O'Connell stated that he had noticed, for quite some time, numerous violations of the By -Law regarding the use of the Battle Green. He pointed out that visitors have no way of knowing any of the rules as they are not posted. Mr. O'Connell: I would like to know if the Board felt desirous to authorize the posting of a few signs calling attention to what is permitted and have these rules posted on the 30 minute parking signs. Mr. Kenney: Do you think it is going to be a problem in 1975? Mr. O'Connell: It is not a big problem now but it will increase in 1975. Mr. Kenney We will attempt to provide picnic areas for visitors. Mr. Bailey: We could post the regulations at the Visitors Center and on the Green. We have to have them out somewhere. Mr. Kenney: One thing we would not like would be a cook -out on the Green. It is only fair to the visitors to make the rules available. Mr. Busa: Rules and regulations are posted in other parks. Mr. Kenney: We would be negligent not to do so. It was agreed to poet regulations on the parking signs regarding the use of the Battle Green. Battle Green 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- Executive rity, 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 11:15 p.m. A true record, Attest: Assistant Executive Clerk Selectmen 34 Liquor iVinebrook Petition for Location Change EPA - Reduc- i tion in Parking Lots EEA Agepeement Contract 73-8-E Sewer Con- struction SELECTMEN'S MEETING September 9, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's meeting room on Monday, September 9, 1974 at 7:30 p.m. Chairman Kenney, Messrs.`,Busa and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineer- ing; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney read a letter from Attorney Tropeano stating that on behalf of Vinebrook Corporation, the petition to transfer the Package Goods license from 1700 Massachusetts Avenue to 32 Bedford Street is withdrawn, due to failure in notifying all abutters. A new petition is to be filed later. The Board approved the withdrawal request. For the Board's information, Mr. O'Connell advised that the Environ- mental Protection Agency is conducting a meeting at the High School on September 16. Because Lexington should have strong representation, he had asked Mr. Hughes, Chief Corr and Mr. Chalpin to attend. The School Department has also been contacted to send a representative because of the effect on teachers if the High School parking lot had to be reduced by 25 percent. Mr. O'Connell recommended that the Board sign the agreement for the Emergency Employment Act Program, which has been extended to March 31, 1975. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the agreement for the Emergency Employment Act Program. Mr. O'Connell requested that the Board award the contract for sani- tary sewer construction on Grove Street to Turning Mill Road, Turning Mill Road, Partridge Road, Demar Road, Gould Road and Easement, Grimes Road, and Jeffrey Terrace. Bids were received on August 29, 1974 from: D.G. Construction Co., Inc., Cambridge, $263,325; Charme Construction Inc., Roslindale, $286,692.05; Crognale Construction Co., Inc., Canton, $321,015. After an extensive examination of the bids and review as to qualifications, Mr. McSweeney recommends, and I concur, that the bid be awarded to Crognale Construction Co., Inc. as this firm is the low- est bidder considered to be fully qualified. The tee lowest bidders are withdrawing their bids. Upon motion duly made and seconded, it was voted to award Contract 73-8-E for sanitary sewer construction to Crognale Construction Co., Inc., the lowest responsible and eligible bidder, in the amount of $321,015. 3 t J Selectmen's Meeting September 9, 1974 Chairman Kenney requested the Board to sign the application to the -State Commission of Public Safety for a Sunday Theatre License. Sunday Upon motion duly made and seconded, it was voted to sign the els.- Theatre plication to the State Commissioner of Public Safety for a Sunday License Theatre license for the Minute -Man Cinema, Inc. d/b/a The Flicks, 10 Muzzey St. Chairman Kenney read a request from the Lexington Minute Men, Inc. for the use of the Green for the installation of officers, and an invitation to the Board to attend the ceremony. Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Minute Men, Inc. to use the Green on Sunday, September 15, 1974, at 2:00 p.m. for the installation of officers. Board members plan to attend. ' Chairman Kenney read a report from the Traffic Safety Committee regarding Bicentennial Bicycle Tours to commence at the Old Burying Grownds, out to Massachusetts Avenue left onto Worthen Road right onto Lincoln Street right onto School Street left onto Massachusetts Avenue to Fiske Hill Farm Foundation and thence along Massachusetts Avenue to Fiske Hill Information Center, or continue without this stop along the Battle Road to the new Minute Man National Park Head- quarters. Bike route in reverse back to Lexington. The Traffic Safety Committee had met with Mr. Robert Tarlin, Bicentennial Director, and had agreed to a favorable approach to the tours, with the understanding that the rules and regulations for bicycle riders are to be carefully explained to the participants at the beginning of each tour. The Beard of Selectmen endorsed the concept of the Bicentennial Bicycle Tours. Green - Minute Men Bicycle Tours Chairman Kenney read requests from the Conservation Commission for three "No Motorized Vehicles" signs to be located on Whipple Hill and Juniper Hill; also, placement of barriers at the entrance Conservation to Conservation land between #5 and #9 Red Coat Lane, and at the East Signs and Street entrance to the Old Bowser Cart Road. Barriers Upon motion duly made and seconded, it was voted to tabbe the matter pending a recommendation from Mr. McSweeney. Chairman Kenney distributed copies of the report of the Advi- sory Committee to the Lexington Board of Selectmen on Cable Televi- sion and Cable Communicatimns. The Committee requests financial assistance in reproducing the report of approximately 45 pages and it was agreed to discuss the matter with CATV members at the next meeting. CATV Report 36 Selectmen's Meeting September 9, 1974 Chairman Kenney requested the Board to sign the list of sewer bet - ,Sewer terment assessments, as recommended by Mr. McSweeney. Betterment Upon motion duly made and seconded, it was voted to sign the lists Assessments of sewer betterment assessments for the following streets: Adams Street, Bowser load, Fourth Street, Kimball Road, Leonard Road, Myrna Road and Carl Road, Oakmount Circle, Rumford Road, Saddle Club Road, and Skyview Road. 'Incorp. Upon motion duly made and seconded, it was voted to sign the approval Mail Drop of location at 31 Moon Hill Road for the incorporation, "Dance/Mass. Movement, Inc." formerly located in Boston, as requested by Secretary Davoren. Chairman Kenney read a letter from the Massachusetts Legislative Research Council for an opinion of the Board regarding H5480, which would H5480 add a new section 4B to Chapter 4 of the General Laws: No statute, re - H1254 quiring an expenditure by cities, towns or districts, although general in nature, shall be effective as to any individual city, town or.dis- trict until such city, town or district has accepted its provisions. Such acceptance shall, except as otherwise provided in such statute, be, in a city, by vote of the city council, subject to the provisions of the charter of such a city, in a town, by vote of the town at a town meeting or, in a district, by vote of the district at a district meeting. The letter states that the proposed statute resembles "fiscal re- sponsibility" proposals for constitutional amendments introduced fre- quently over the years, among them being the following constitutional proposal by the Massachusetts Selectmen's Association in House, No. 1254 of 1974: No law imposing costs upon two or more cities or towns by the regulation of the compensation hours, status, conditions or benefits of municipal employment shall be effective in any city or town until such law is accepted by vote or by the appropriation of money for such purposes, in the case of a city, by the city council in accordance with its charter and in the case of a town, by a town meeting, unless such law has been enacted by the General Court by a two-thirds vote of each of its branches, or unless the General Court, at the same session in which such law is enacted, has provided for the assumption by the Commonwealth of such additional cost. No law granting or increasing exemptions from local taxation, increasing the pension or retirement benefits of municipal employees or increasing the benefits payable to any class of persons shall be effective in any city or town, unless such law has been enacted by the General Court by a two-thirds votes -of each of its branches, or unless the General Court, at the same session in which such law was enacted, has provided for the assumption by the Commonwealth of any such increased expenditures or of any loss of taxes resulting from such exemption. Chairman Kenney: They are interested in Lexington's viewpoint. I am personally sympathetic of what they are trying to do but if you subject every state law to local acceptance... We couldn't even change pensions. 1 Selectmen's Meeting September 9, 1974 Mrs. Battin: It would be unduly restrictive. Mr. O'Connell: I think that the Massachusetts Selectmen's propo- sal provides a good basis for the General Court to get it through. Chairman Kenney: Would you be willing to go along with the bill recommended by the Massachusetts Selectmen's Association? Mrs. Battin: We will go along with it but not enthusiastically. The Board agreed to inform the Legislative Research Bureau that the Selectmen feel the proposed new Section 4B would be unnecessarily restrictive and a hindrance to the passage of good legislation by the General Court. However, there has been great concern in the past several years with the practice of the General Court in enacting laws which impose costs at the local government level without considera- tion of local impact of such laws.. Therefore, the Board of Selectmen would support the fiscal responsibility proposal, as presented by the Massachusetts Selectmen's Association. Chairman Kenney read a request for residents to conduct a block party. Upon motion duly made and seconded, it was voted to grant permis- sion to the residents of Longfellow Road to conduct a block party on Saturday, September 14, from 3:00 to 10:00 p.m., subject to the regu- lations of the Police Department. 37 Permit Chairman Kenney read a letter from State DPW Commissioner Camp- bell stating that $47,686 has been allocated to Lexington for State Aid -Highways. These funds are provided by an authorization contained in Section 4 of Chapter 765 of the Acts of 1972, and can be used for construction and/or improvement projects on all public ways which State Aid qualify under Chapter 90 guidelines adopted by the Public Works Com- Highways mission, with no municipality or county required to provide any match- ing funds unless they so desire. This program replaces the Chapter 81 and Chapter 90 programs of the past and application for these funds will follow the existing State Aid -Highway procedures. Chairman Kenney to Mr. O'Connell: Is this a new source? Mr. O'Connell: This is the new way they allocate the old Chapter 90 money. Chairman Kenney to Mr. McSweeney: Is this the new version of the old Chapter 90? Mr. McSweeney: Yes. Of the $47,000, $6,000 is for maintenance and $41,000 will be assigned to Hancock Street. Chairman Kenney: Then the main difference iiCthat we don't have to put any money in. Chairman Kenney read a request from the Director of Cary Memorial Library for the Chairman to sign an affidavit of approval of applica- tion to the State Executive Office of Educational Affairs for a Bicen- tennial grant to publish a booklet. Cary Library Booklet 38 Bicentennial Crafts Program Selectmen's Meeting September 9, 1974 Upon motion duly made and seconded, it was voted to authorize the Chairman of the Board of Selectmen to approve the application of the Cary Memorial Library to the Massachusetts Executive Office of Educa- tional Affairs for a Bicentennial grant for the printing of a booklet entitled, "A Guide to the Study of Lexington." Chairman Kenney read a_request from Mr. Robert Tarlin, Bicenten- nial Director, for permission to use the Buckman Tavern grounds for Bicentennial Craft Programs. Upon motion duly made and seconded, it was voted to approve the request Of the Bicentennial Director for the use of the Buckman Tavern grounds for the following events on Saturday, September 14, 1974: Colonial Bake Shoppe, sponsored by the Pilgrim Congregational Church, at 10:00 a.m. Demonstration of quilting and weaving by local craftsmen at 12:30 p.m. Band Concert at 3:30 p.m. Chairman Kenney read a request from the League of Women Voters to LWV proclaim the week of September 8-14 as League of Women Voters' Week. Proclamation Upon motion duly made and seconded, it was voted to sign the pro - Week clamation declaring the week of September 8-14, 1974 as League of Women Voters' Week in Lexington. As Chairman of the Governor's Hanscom Task Force, Mr. Brown reported that bi-weekly meetings have been conducted during the summer. We have a secretary and we are developing a staff to gather material. We hope to Hanscom Task have someone located in the Governor's office and we have made a formal Force request to the Governor's office for a long-range plan for Hanscom Field. We have all received vast amounts of material, including a long-range plan for Logan Airport. Everybody is listening to what the Task Force is doing as the citizens worry about expanded use of Hanscom. The main thing that has enabled us to progress is the willingness of the Governor's staff to provide help. Chairman Kenney expressed the appreciation of the Board for the pro- gress attained by Mr. Brown and his oommittee. Executive Upon motion duly made and seconded, it was voted to go into Executive Session 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 concerning litigation, committees and personalities, 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: A4t.e Ex cutive Clerk, Selectmen 1 1 t SELECTMEN'S MEETING September 16, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting loom, Town Office Building, on Monday, September 16, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. :^. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Members of the Firefighters Union met agreement between the Union and the Town. President, John Quinlan, Richard Sullivan, and Ted Sennott were present; also, Deputy Board members signed the contract and it to Mr. Washburn. with the Board to sign the Messrs. Arthur Washburn, Alfred Webb, Robert Walton Chief, Joseph Marshall. Selectman Bailey presented Four retired Call Firemen met with the Board: Donald Pring, Arthur Silva, Joseph O. Rooney, and Wallace C. Weisinger. Chairman Kenney, on behalf of the Board, thanked them for their many years of service as Call Firemen: Mr. Pring -24 years; Mr. Silva - 30 years; Mr. Rooney -28 years; Mr. Weisinger-41 years. Upon motion duly made and seconded, it was voted to sign the following resolution: The Board of Selectmen, speaking on behalf of the citizens of Lexington, hereby commends (name) for his many years of service to the Town of Lexington as a Call Fireman. Mr. O'Connell informed the Board that he had prepared, for the Board's approval, a position statement regarding the EPA transporta- tion control plan, which would be read at the EPA meeting at the High.School this evening. The Board endorded the statement. "POSITION STATEMENT REGARDING EPA TRANSPORTATION CONTROL PLAN The following statement represents the view of the Board of Select- deri and the Town Manager concerning the impact of the Transportation Control Plan on the Town of Lexington. We believe that it also repre- sents the views of Town employees and citizens affected. Lexington has always endeavored to fully support any Federally sponsored national effort. We fully endorse the objectives of the Federal Clean Air Act. We cannot,: :however, agree with the method of implementation which the Boston Area Transportation Control Plan, in its present form represents. The significant objections are: 34 Fire Union Contract Retired Call Firemen EPA Transporta- tion Control Plan 4() Selectmen's Meeting September 16, 1974 1. The plan focuses on and is limited to reduction in automobile use by only one of the many categories of use. It concentrates on and is limited to the most essential use of the family automobile, i.e., getting to and from work. It ignores all other types of transporta- tion, much of which is less essential, which occur at the same period. For example, large commercial trucks which are a major source of pollu- tion will continue to operate without restraint during this critical period of the day. 2. The plan is not responsive to the transportation conditions which exist in Lexington and similar suburban communities, particularly the lack of public transportation. We question that after taking action to use all transportation alternatives which are feasible, anything near a 25% reduction in employee use of personal cars is realizable. We fear that despite major promotional effort and good employee cooperation, car pooling will have only limited effect. Since public transportation is virtually non-existant and walking and bicycling are suitable for only a small percentage of employees and even in these cases will not be dependable transportation in the winter, the practical alternatives do not constitute a workable plan. The arbitrary targeting of certain employees using their cars to earn a living, while ignoring all other car use will produce strong negative reaction by employees affected. This is not a favorable cli- mate in which to promote voluntary carpooling. 3. The plan creates serious discriminatory effects, for example; the employees of a firm which has not supplied employee parking are not required to take any action. The plan calls for controls of teacher parking but ignores student parking. Student cars constitute about 50% (conservative) of the cars in a typical senior high school parking lot. Because of the diversity of teachers' residences, car- pooling has very limited application. 4. Because of the lack of satisfactory alternate transportation methods of employees getting to work, the application of the employee parking control plan will not represent a solution but instead will create a shortage of essential parking, and cause the problem to re- appear in other locations, such as violations of street parking; violations of zoning by-laws by the useeof private residences near industrial plants for employee parking; illegal parking on publicly. owned land. These are just a few of the conditions which will result from the problem being pushed around. In summary, we find the employee parking control plan questionable due to its arbitrary application to one segment and not workable due to lack of alternative methods of employee transportation. We interpret the intent of the other part of the regulation (deal- ing with prohibition of on street "commuter" parking) to be that the municipality should make illegal, parking on streets near industrial plants, for the reason that the car owner is employed near by. This con- firms that application of these regulations simply push the problem around. 1 4i Selectmen's Meeting September 16, 1974 Based on limited information available, we question the legality and feasibility of this regulation. It appears that enforcement would require identification of both residence and place of employ- ment of the operator (not just the owner) of the chicle, an impos- sible task for local police. Selective no parking areas near the trouble spots would have to be extended as the employee attempts to beat the ban by parking just beyond the limit. This will produce considerable all day parking on neighborhood streets, which will produce strong reaction from area residents, possibly forcing the extension of the ban onto neighborhood streets. Unless the street resident is to be included in the ban, identification of the cars of local residents by stickers is necessary --a very large difficult task to administer. This resident sticker now makes it possible for that car owner to park on the street next to his place of employment on the other side of town. These and other reasons make this plan (as we understand it from the regulations) extremely difficult to admin- ister in Lexington. We hope that a more practical, rational and workable plan will be substituted and we are willing to cooperate with ideas and sugges- tions, the details of which need not take up time of this meeting. Water C. O'Connell Town Manager" Mr. O'Connell informed the Board that bids had been received on the installation of traffic signals at the intersection of Lowell and Contract East Streets. He recommended that the contract be awarded to the 75-13-E - lowest bidder, New England Traffic Signals, Incorporated, 137 Shirley Traffic Street, Winthrop. Authority is under Article 35, 1971 Annual Town Signals Meeting. Upon motion duly made and seconded, it was voted to award Con- tract 75-13-E to New England Traffic Signals, Incorporated, Winthrop, for the installation of traffic signals, in the amount of $14,770. The Board agreed to meet in Executive Session with the Personnel Advisory Board on September 30. The Board discussed the recent request from the Conservation Com- mission for the installation of signs and barriers on Conservation land. After discussion, it was agreed to inform the Conservation Commis- sion that Mr. McSweeney, Director of Public Works/Engineering, has been instructed to make arrangements for the installation of three "No Motorized Vehicles" signs on Whipple Hill and Juniper Hill lands. Mr. O'Connell, Town Manager, has agreed to authorize the use of Conserva- tion funds for materials for these signs. Also, Mr. McSweeney is to submit a recommendation regarding the placement of barriers at Red Coat Lane and East Street entrance to the Old Bowser Cart Road. Conservation Signs & Barriers 42. Selectmen's Meeting September 16, 1974 Mrs. Faith Margolin, Mrs. Angela Frick, Chairman of the Conser- Citizens' vation Commission, and Mr. David Williams met with the Board to Conservation discuss Citizen coeservation Day on October 5, 1974. 1Day After discussion of a town -wide effort, it was agreed that the Public Works Department would cooperate by picking up accumulated trash in designated locations. Upon motion duly made and seconded, it was voted that the Board of Selectmen would sponsor, with the Conservation Commission, a Citizens' Conservation Day to be held on Saturday,.October 5, 1974. Chairman Kenney read a letter of resignation from Dr. Howard Conservation Kassler as a member of the Conservation Commission. Resignation Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Dr. Howard Kessler as a member of the Con- servation Commission. At the request of the Director of Public Works/Engineering, the Board voted to sign the lists of sewer betterment assessments. Sewer Upon motion duly made, and seconded, it was voted to sign the Betterment lists of sewer betterment assessments for the following streets: Assessments York Street, Third Street, Webb Street, Winter Street, Woburn Street, Woodland Road, Wright Street, and Young Street. Upon motion duly made and seconded, it was voted to sign the Abatements abatement of sewer betterment assessment to W. Scott III and Adelaide Sewer Sims Cooledge, 38 York Street, in the amount of $663.94; previously assessed. At the request of the Director of Public Works/Engineering, the Water Board voted to sign the abatements for water bills. Abatements Upon motion duly made and seconded, it was voted to sign the abatements of the following water bills;. Joseph C. Tropeano 9A Larchmont Lane $451.97 Wrong meter reading Nishan Haroian 353A Concord Avenue 8.75 Meter taken out Itek 10A Maguire Road 100.00 Wrong billing Chairman Kenney read a request from Ms. Dorothy B. Mead to con- Walk-a-Thon duct a Walk-a-Thon for the March of Dimes on Sunday, October 13, 1974. Mr. O'Connell: If they walk on the sidewalk, they do not need a permit; just grant permission if they stay on the sidewalk, and notify the Police Department of their route. The Board agreed to inform Ms. Mead of Mr. O'Connellis recommenda- tion. 43 Selectmen's Meeting. September 16, 1974 Chairman Kenney requested the Board to sign an Auctioneer's license. Upon motion duly made and seconded, it was voted to sign the Auc- Auctioneer tioneer's license for Richard H. Soule, 16 Hancock Street. At the request of the Director of Public Works, it was voted to sign the contract with Warren Brothers for street resurfacing. Contract Upon motion duly made and seconded, it was voted to sign the con- 75-6-E tract awarded to Warren Brothers Company, Saugus, for street resur- facing, in the amount of $50,100. Mr. O'Connell left the meeting at 8:15 pdm. to attend the EPA meeting at the High School. Mr. William Page, Chairman, and members of the CATV committee met with the Board. Chairman Kenney congratulated the committee for the excellent CATV CATV report. Mr. Page: We will send copies of the report to Town boards and agencies and request a formal statement from each. 'We will be available to meet with them and discuss how CATV could have an influence in Town business and school areas. A lot of citizens would want to participate even though the final decision is made by the Selectmen. We are propos- ing an Article in the Warrant that would authorize a By -Law Commission so that the Town would be set up in a permanent way and is organized on how it wants to review and supervise CATV in Lexington. Chairman Kenney: If you are going to have such wide distribution of your report, you will need copies. We have estimated $400 to repro- duce it and we don't have it. Mr. Page: We are trying our own sources in terms of copies and we could manage a limited number. Chairman Kenney: We talked about 26 pages of the report, not 45 pages. Mr. Brown to Mr. Ward, CATV: What is your feeling about the number of people in Town Meeting that your technical section is important to read? Mr. Ward: Not a large percentage, 10 or 20 percent would have a technical understanding. The problem is that CATV is new to people and the main problem is to get people acquainted with what it can and cannot do. Mr. Bailey: I think we should definitely ask for a transfer from the Reserve Fund. To restrict the number getting it would be a mistake. I would hope we could make a strong case to the Appropriation Committee. The report will sell itself to them. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from the Reserve Fund for copies pf the CATV report, in the amount of $500. 44 Selectmen's Meeting September 16, 1974 James G. Dolan, General Counsel for the Planning Office for Urban Affairs, met with the Board regarding the proposal to build 16 homes St. Brigid's for low and moderate income families on the property at St. Brigid's Housing Church. Chairman Kenney: This is not a public hearing but an informal meeting with Mr. Dolan, the Board of Appeals -Mr. Nickerson, Chairman, Mrs. Morey, and Mr. Cataldo; also, other interested boards, such as the Planning Board and the Conservation Commission, and citizens of the Town. We -have received letters from people, one of whom is Susan Beck, Town Meeting member of Precinct 6, expressing her disappointment in the decision of the Board of Appeals to appeal to Superior Court the ruling of the Department of Community Affairs in favor of St. Brigid's Housing in the Grove. She states, "I firmly believe that the higher court will find no grounds on which to overturn approval on the project. The appeal merely puts off the inevitable at considerable cost to the taxpayers in unnecessary legal fees." The Planning Board voted at the meeting tonight, "That the Plan- ning Board notify the Board of Selectmen that in the event of an appeal to the Superior Court by the Board of Appeals in the St. Brigid's case the Planning Board will intervene as a party and hereby requests the Board of Selectmen to provide legal counsel for the Planning Board." Mr. Dolan: I appreciate your courtesy in having me here tonight. You all know that for two years we have been working on a proposal for 16 town houses to be known as Pine Grove. A number of entities in Lexington have endorsed this and the pastors have wholeheartedly en- dorsed it. The Lexington Planning Board has analyzed the proposal and concluded by supporting it. The Selectmen voted 4 to 1 at Town Meeting in 1973 and the majority of Town Meeting members voted in favor. A two- thirds' vote was required and it fell short. The General Court was so concerned about the shortage of low income housing, and that many com- munities had adopted patterns in preventing this type of housing, it passed Chapter 774 s.40B, which provides that the entire zoning may be set aside. Only when the community did not meet the standards could the applicant take the appeal to the state level. Lexington does not meet these standards. I learned that the Board of Appeals had requested its counsel to appeal the decision. They did it by a 2 - 3 vote in August of 1973, and we appealed. In its decision, it was ruled that the Board of Appeals' act was unreasonable, etc. The Board of Appeals is appealing that decision, and I don't know the reason. Once a decision is reached, they do not get a third trial. The chances of any judgment that the Housing Appeals acted in any arbitrary manner are slim, and to con- duct this appeal people will ask that taxpayers' money not be spent when there is little prospect of success. It might entail another year's delay and, at least, seriously jeopardize the prospects of housing for which funds are available. Therefore, I would ask the Board of Selectmen if the Board of Appeals persists in this matter,'to rule that Town Counsel 1 45 Selectmen's Meeting September 16, 1974 not conduct this appeal because chances are slim. The Board of Select- men, Planning Board, and TMMA are elected and the Board of Appeals is an appointed body. We have been working with the Historic Districts Commission and made changes in the facade of our building, and hope to get a Certificate of Appropriateness, and to give a Conservation ease- ment so that Pine Grove would remain in its natural state. I told Mr. Cohen we would meet with him for necessary Town documents and I would ask the Board of Appeals to assist and not jeopardize it for what I know are theoretical reasons. Mr. Nickerson: I was not invited to come tonight. Our Board met a week ago and we considered, for what we thought was the last time, for combatting in court the decision that was handed down by the Commis- sion. We have eleven reasons for disapproving; we should be right on one. Mr. Dolan got in touch with me to have a meeting to reconsider and I told him we would take a vote - it was 4 - 1 in favor of proceeding and 1 abstaining. Chairman Kenney: You are the Attorney for. the Board against which our Board of Appeals would be trying a case, and I would have no intent this evening to debate the merits. We did vote 4 - 1 at Town Meeting and, this evening, it would be 4 - 1 for the project. The Board of Ap- peals has the right to appeal as there is no clear-cut evidence; Chapter 774 was set up to allow them to appeal as there are sufficient legal questions involved. I have been led to understand that if not afforded Counsel, they could find it elsewhere. Keep in mind at what point do we not support a Town Board in taking another legal step. On Interfaith, we had Town Counsel represent them, and to do otherwise would set a dangerous precedent in not providing legal services, that if they did not reflect the viewpoints of the Selectmen, to deny them. That prece- dent is extremely strong and has been binding over the years. From that viewpoint, it would support the concept of providing legal services of Town Counsel. Mr. Dolan: I do not challenge the legal right of the Board of Ap- peals. I draw a distinction of the usual matter that comes before the Board of Appeals, such as set backs, etc. This matter has broad, special appeal. Mr. Brown: I take exception to things about precedent, things that were said about the way that we dictate about what is tried in court. It is valid but, it seems to me, we have to decide also whether the Board of Appeals' action could be capricious. It seems to me if our Planning Board has said that this is good planning, then we have a case in which the Appeals Board is telling the Planning Board that it is not. We should weigh whether the Board of Appeals in this particular case is capricious; whether it is valid that they can fly in the face of our vote and the Planning Board vote. 46 Selectmen's Meeting September 16, 1974 Mrs. Battin: It is not a simple question of how we feel indiviu- ally about the Board of Appeals decision nor is it purely a matter of granting counsel as a courtesy to a Board for a matter that is exclu- sively their decision. The subject is not exclusively the province of the Board of Appeals, falling solely within their purview and area of expertise. The elected Planning Board, which is charged with -,overall town planning shares the responsibility. They disagree and have elected to intervene; therefore the Selectmen, as the senior policy making Board, are the final arbiters who must make the determination of whether to con- tinue the appeal. I have questions of Town Counsel. What will be the cost of gaining counsel to both Boards for both Superior Court and Supreme Judicial Court appearances? What do you think the chances are of the appeal's success in both courts? Mr. Buse: Before he answers what his opinion would be - that is for the court to decide. I object to him saying what his opinion of success is in a public hearing. Chairman Kenney to Mr. Cohen: We have a motion from the Planning Board, taken at their meeting tonight. That the Planning Board notify the Board of Selectmen that in the event of an appeal to the Superior Court by the Board of Appeals in the St. Brigid's case the Planning Board will intervene as a party and hereby requests the Board of Selectmen to provide legal counsel for the Planning Board. The vote carried 4 - 1. From a legal viewpoint, could they intervene? Mr. Cohen: I don't really know exactly what they have in mind about intervening, as:I don't know what they planned to do. They want to be- come a party and have their own Counsel represent them at the hearing. About the cost, it depends ... I assume that Town Counsel would repre- sent the Board of Appeals, and that would be the appropriate thing - and to have an appropriation for the Planning Board Counsel. Mr. Brown: It costs the Town to have legal counsel. It, actually, is going to cost the taxpayers money. Mr. Bailey: I am stunned that we are attaching a price tag to what is right or not right. I resent having the money put up front. Mrs. Battin: we have to consider it in terms of likelihood of suc- cess, the cost and also the reputation of the Town in the Bicentennial year. Do we want to be memorialized by the Supreme Judicial Court as the definitive case in which suburban towns were taken to task for exclu- sionary tactics? Mr. Bailey: The alternative is that you are asking us to sit in judgment tonight. My position on the housing development is clear - I supported it before and would support it again. If the founding fathers of Lexington wanted it to be that way, we wouldn't have gone through all the agonies of Town Meeting and Planning Board and Selectmen's meetings. If it had been the Selectmen and the Planning Board only, the buildings would be set up there. The Board of Appeals has a function and a legal responsibility to the Town and it is encumbent upon our Board that if the Board of Appeals voted 4 - 0, and insists on seeking an appeal, I would support Counsel for them; if the Planning Board wishes Counsel, I would support that, also. That is the only course open to our Board now. 1 1 1 4 Selectmen's Meeting September 16, 1974 Chairman Kenney: I can easily distinguish between the Appeal Court and the Superior Court. Mrs. Battin: We may not have the option; we can stop it now. Chairman Kenney: We can't. Chairman Kenney to Mr. Brown: If voted 4 - 0, they were not act- ing in a capricious manner. Chapter 774 gives them the legal right and people are trying to take it away from them. Dr. Clarke; Planning Board: The Planning Board feels that on Chapter 774, particularly in Hanover, the Judge said there were two issues, the need for subsidized housing and whether there were any objec- tions from the Planning Board. We were thoroughly involved in this and wanted to intervene. Section 2, Article 20, says the Board of Select- men shall have full authority to settle claims. That is indicative of the authority of your Board. Mr. Cohen: That was amended at Town Meeting last year. Mrs. Battin: It was really amended by the Selectmen/Town Manager Act. Chairman Kenney to Mr. Cohen: Do you feel there are other people who could represent the Board of Appeals regardless of what we do? Mr. Cohen: You ask if the Selectmen voted not to provide Town Counsel, could the Board of Appeals, using their own money, represent themselves? Not unless they got a gift. I am not sure there has been any precedent, I don't see why they couldn't get another lawyer. Mr. Cataldo, Associate member of the Board of Appeals: I don't think there has been any issue that has been discussed in any greater depth, and people with the authority being Town Meeting ... I don't think it is the issue here tonight. As I listen,'this is highly unusual for a matter that could be litigated for the Selectmen to be dis- cussing it publicly. If questions are raised, they should invite the Board of Appeals to come in Executive Session. I don't think if Mr. Dolan had a case ... If the Board wants to go into it in greater depth, Boards should be called and it be discussed in a proper manner. There is no question that as far as the Board of Appeals is concerned, it shoustd-be considered. Chairman Kenney: We had looked at it as a procedural question. Mr. Cataldo: I have never seen this happen about a matter that could be in litigation. The recommendation was made to go into Executive Session for fur- ther discussion. Mrs. Battin objected and said it should be discussed in open meet- ing. Mr. Cohen: You can't discuss the case with other Counsel (Mr. Dolan) here but if you discuss reasons, it is a proper matter. I think the Chairman:has been very careful not to get into the merits of the case. 4S Selectmen's Meeting September 16, 1974 Mr. Arthur Bernier, Appropriation Committee, came into the meeting; Mr. Furash wanted me to say that the Appropriation Committee feels that funds would be supplied for the Board of Appeals one more time; also, if monies were paid for the Planning Board Counsel, it could be adju- dicated in a court of law. Motion was made and seconded to go into Executive Session for further discussion. Mr. Nickerson objected on the grounds that his full Board was not present. It was agreed to meet with the Board of Appeals on September 23, 1974 to discuss the matter. Mrs. Battin added: Withethe understanding that our decision will be rendered in public and we will give the procedural decision. Upon motion duly made and seconded, it wes 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 concerning a committee and the Fire Department, 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 trure record, Attest: Executive Clerk, Selectmen SELECTMEN'S MEETING September 23, 1974 A regular meeting of the Board of Selectmen was men's Meeting Room, Town Office Building, on Monday, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town McCurdy, Executive Clerk, were present. held in the Select - September 23, 1974, Brown and Mrs. Counsel; Mrs. At the request of the Town Clerk, seven jurors were drawn, as follows: Michael L. Colangelo Elizabeth O. Tiezzi Robert Allen Pitt Anthony R. DiGiovanni Walter J. Lopez Dorothy E. Aiello Anne L. Novak 115 Kendall Road 15 Ingleside Road 2361 Mass. Ave. 10 Fairbanks Road 7 White Pine Lane 38 Philip Road 53 Turning Mill Road Jurors Mr. Zehner, Town Treasures, -met with the Board to request ap- proval of a $650,000 bond anticipation; $85,000 to purchase the Porter land for conservation purposes; $330,000 for sewer construc- tion during the fall and early winter. Seven bids were received, and the low bidder was the County Bank at 5.39 percent; the second low-. est bidder was the Harvard Trust Company at 5.49 percent. Upon motion duly made and, seconded, it was voted to approve the recommendation of the Town Treasurer of a $650,000 bond anticipation loan from the County Bank of Cambridge at 5.39 percent, notes to be dated September 30, 1974 and mature on February 7, 1975. Mr. O'Connell informedothe Board that bids had been received on the exterior painting of the Cary Memorial building. New England Paint Contractors, Framingham, was the lowest bidder at $2,295.00, and the recommendation is to award the contract to this company. Upon motion duly made and seconded,:. it was voted to award the contract to the New England Paint Contractors, Framingham, in the amount of $2,295.00, for exterior painting of the Cary Memorial Build- ing. Authority is contained in Account #5250, Town Office Building Maintenance. Mr. O'Connell discussed a deferred annuity program for Town em- ployees who wish to participate. Previously, only teachers were able to benefit by this program. If the Board concurs, Mutual Life Insur- ance Company of New York could be designated as the insurance con- tractor and Mr. Joseph Rooney as the agent of record with whom the Treasurer, on behalf of subscribing employees, may negotiate for the purchase of a deferred annuity contract. 49 Treasurer Bids Cary Memorial Building Deferred Annuity Insurance Program 50 Sewer Easements Turning Mill Rd. Gould Rd. Selectmen's Meeting September 23, 1974 Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to designate Mutual Life Insurance Company of New York as the insurance contractor and Mr. Joseph Rooney as the agent of record for Town employees participating in the de- ferred annuity program. Mr. Cohen requested the Board to sign the taking of sewer ease- ments on Turning Mill Road and Gould Road. Upon motion duly made and seconded, it was voted to sign the taking of sewer: -easements on Turning Mill Road and Gould Road. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 23rd day of September, 1974, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 19, 1973, namely at an adjourned session thereof duly held on April 11, 1973, in accordance with the provisions of law applicable thereto, it was unanimously "VOTED: That the Selectmen be and they hereby are authorized to install sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise ac- quire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $640,000.00 therefor;" WHEREAS, the Selectmen have determined that in order to install the sewer mains, it is necessary that the sewer mains be located in the land hereinafter described. NOW,: THEREFORE, we the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, 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 the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, re- place, operate and forever maintain a sanitary sewer or sewers with manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land located off Gould Road in said Lexington, bounded and described as follows: 1 51 Selectmen's Meeting September 23, 1974 Beginning at a point on the northwesterly sideline of Gould Road, said point being on a curve of 162.14 ft. radius distant 25.50 ft. from a point of curvature; thence N 610-12'-13" W distant 90.99 ft. to a point; thence N 27°-15'-20" W distant 60.00 ft. to a point; thence N 62°-44'-40" E distant 15.00 ft. to a point; thence S 27°-15'-20" E distant 50.00 ft. to a point; thence S 61°- 51'-29" E distant 84.69 ft. to a point on the said Sideline of Gould Road; thence southerly and bearing to the left with a curve of 162.14 ft. radius distant 20.00 ft. to the point of beginning. All as shown on a plan entitled "Plan of Sewer Easement off Gould Road, Lexington, Mass., Scale 1"=40', July 16, 1974, James E. Chase, Town Engineer" to be recorded herewith. We do hereby also so take temporary construction easements, for use in constructing the sewer mains to be installed in the permanent easement hereinabove described, in the following two strips of land situated in said Lexington: 1. A strip of land abutting upon and extending the entire length of the southwesterly sideline of the above described Sewer Easement, and shown on.said plan at "10' Temporary Construction Easement." 2. A strip of land abutting upon a portion of the northeasterly sideline of the above described Sewer Easement, and shown on said plan as "10' Temporary Construction Easement." 3. Also another strip of land abutting upon the said northeasterly sideline of the above described Sewer Easement, shown on said plan as "Temporary Construction Easement." The temporary construction easements herein taken include the right to enter upon the land taken, to deposit earth and material thereon and in general to make all use necessary or desirable in connection with the aforesaid sewer mains construction. The construction easements shall- terminate hallterminate thirty days after the completion of the sewer construction, and, in any event, not later than December 31, 1975. Said rights and easements in the land included within the above de- scriptions are hereby taken without interference with or prejudice to the rights of the respective owners of the land or interest therein, ex- cept so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners of the land or interest therein, and their heirs, successors and assigns, all their respective rights in and to the use of their lands for all law- ful purposes not inconsistent with the use thereof for all of the pur- poses hereinabove mentioned for which said rights and easements are hereby taken. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably as good condition as when the entry was made. 52 Selectmen's Meeting September 23, 1974 Any trees upon the land included within the above described ease- ment and temporary easements are included within the taking. Betterments are to be assessed for the improvements for which this taking is made. And said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded. The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us: Lot No. Registered Land: Supposed Owners 28 & B Donald H. & Rosalyn M. Lyons 29 & A Louis N. & Alice G. Howard Unregisteted Land: 35A John & Mary Elizabeth Rheinstein Witness our hands and seals in said Lexington the day and year first above written. TOWN OF LEXINGTON Allan E. Kenney Fred C. Bailey- Alfred S. Buse Sanborn C. Brown Margery M. Battin Majority of the Board of, Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 23rd day of September, 1974, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 19, 1973, namely at an adjourned session thereof duly held on April 11, 1973, in accordance with the provisions of law applica- ble thereto, it was unanimously 1 1 53 Selectmen's Meeting September 23, 1974 "VOTED: That the Selectmen be and they hereby are authorized to install trunk sewers in the Turning Mill Road area o U the Town es the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, ease- ment or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $120,000.00 therefor and that to raise this amount the treasurer with the approval of the Selectmen be authorized to borrow $120,000.00 therefor;" WHEREAS, the Selectmen have determined that in order to install the trunk sewers, it is necessary that the trunk sewers be located in the land hereinafter described. NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisionsof Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, 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 the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, construct, inspect, repair, remove, replace, oper- ate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts inci- dental thereto, including the right to pass along and over the land for the aforesaid purposes, in, through and under a certain strip of land located between Grove Street and Turning Mill Road in said Lexington, bounded and described as follows: Beginning at a point on the easterly sideline of the 1946 County layout of Grove Street, said point being on a curve of 554.64 ft. radius distant 159.01 ft. from a point of curvature of said side- line; thence N 74°-43'-04" E distant 253.73 ft. to a point; thence N 70°-52'-54" E distant 286.71 ft. to a point; thence N 690-26'-38" E distant 298.01 ft. to a point; thence N 58°-27'-55" E distant 254.66 ft. to a point; thence N 37°-58'-18" E distant.256.30 ft. to a point; thence N 24°-23'-20" E distant 292.58 ft. to a point; thence N 07°-20'-47" W distant 297.73 ft. to a point; thence N 35°-32'-16" Er distant 305.99 ft. to a point; thence N 29°-58'-02" E distant 345.65 ft. to a point; thence N 33°-48'-10" E distant 285.89 ft. to a point on the southwesterly sideline of Turning Mill Road; thence by said sideline S 41°-49'-30" E distant 41.29 ft. .to-a-point.on said side- line; thence S 33°-48'-10" w distant 282.41 ft. to a point; thence 5 32°-21'-50" W distant 338.94 ft. to a point; thence S 350-32'-16"'7W distant 296.17 ft. to a point; thence S 070-20'-47" E distant 295.01 ft. to a point: thence S 24°-23'-20" W distant 302.66 ft. to a point; thence S 37°-58'-17" W distant 263.80 ft. to a point; thence 54 Selectmen's Meeting September 23, 1974 S 58°-27'-55" W distant 261.58 ft. to a point; thence S 69°-26'-38" W distant 300.07 ft. to a point; thence S 700-15'-24" W -distant 297.87 ft. to a point; S 74°-36'-13" W distant 251.68 ft. to a point on the said easterly sideline of Grove Street; thence northerly and bearing to the right with a curve of 554.64 ft. radius distant 30.00 ft. to the point of beginning. All as shown on a plan entitled, "Plan of Sewer Easement Grove Street to Turning Mill Road, Lexington, Mass., Scale 1"=100', May 31, 1974, James E. Chase, Town Engineer" to be recorded herewith. We do hereby also take temporary construction easements, for use in constructing the trunk sewers to be installed in the permanent easement hereinabove described, in the following two strips of land situated in said Lexington: 1. A strip of land having a width of 11 feet, more or less, said strip abutting upon and extending 252 feet, more or less, along the southerly sideline of the above described Sewer Easement, said strip of land being shown on said pian as "10' Temporary Construction Easement." 2. A strip of land having a width of 11 feet, more or less, along the northerly sideline of the above described Sewer Easement, said strip of land being shown on said plan as "10' Temporary Construction Easement." The temporary construction easements herein taken include the right to enter upon the land taken, to deposit earth and material thereon and in general to make all use necessary or desirable in connection with the aforesaid trunk sewer construction. The construction easements shall terminate thirty days after the completion of the sewer construction, and, in any event, not later, than December 31, 1975. Said rights and easements in the land included within the above descriptions are hereby taken without interference with or prejudice to the rights of the respective owners of the land or interest therein, ex- cept so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners of the land or interest therein, and their heirs, successors and assigns, all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use therefor for all of the purposes hereinabove mentioned for which said rights and easements are hereby taken. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon; it shall be the obligation of the Town to remove all surplus material and ho leave the premises in reasonably as good condition as When the entry was made. Any trees upon the land included within the above described easement and temporary easements are included within the taking. No betterments are to be assessed for the improvements for which this taking is made. Selectmen's Meeting September 23, 1974 The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest iv owned by an owner or owners unknown to us; and that our award is made as to the lawful owners of said parcel of land and all persons having any right, title or interest therein as their respecs tive interests may appear. We estimate the damages sustained by the persons owning property within said taking for said easement as follows: Lot No. Supposed Owners Registered Land: 36 Robert A. & Patricia May 10,354 Square feet of $500.00 land (Approximately) Area Taken Award 37 Robert D. & Elizabeth M. Chapman 38 Town of Lexington Unregistered Land: Unnumbered.Lot Town of Lexington Witness our hands and seals in said first above written. 2,772 square feet of land (approximately) 100.00 None None Lexington the day and year TOWN OF LEXINC'TON Allan. F. Kenny Fred C. Bailey Alfred S. Buse Sanborn C. Brown Margery M. Battin Majority of the BOARD OF SELECTMEN Chairman Kenney read a recommendation from Mr. McSweeney, Director of Public Works/Engineering, for additional sanitary sewer construction on Concord Avenue, Wingate Road, Wunnyknoll Terrace, Spring Street, Concord Avenue, and Waltham Street, in the amount of $77,500. The re- port states that these requests have been reviewed with the Health Director, who has informed us that there is a definite need for sewer 55 Additional Sewer Con- struction a, 5b Chapter 90 Maintenance and Con- 'struction Selectmen's Meeting September 23, 1974 on Wingate Road and Sunnyknoll Terrace. Both areas of Concord Avenue have soil conditions which are unfavorable for septic tanks, and there is a general need for sewer within that entire area. At 98 Spring Street, there are unverified reports of septic tank failure which the Health Director is in the process of checking. Also, 365 Waltham Street has recently renewed its tank and leaching field but the system is considered marginal and its life expectancy is in doubt. We now believe that sufficient funds exist to construct all of these sewers as a result, of the bid prices for the last two sewer contracts - Wyman Road and Turning Mill Road. In view of thisinfor- mation, we recommend that the Board vote to approve sewer construction in all the above locations where potential health hazards exist. Chairman Kenney: We have received letters requesting these sewer installations and Mr. McSweeney could take care of them by amending the sewer contracts. Any objection? No objection. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering, to add the following sanitary sewer construction projects to the Town sewer con- tracts: Location 155 Concord Avenue 7 Wingate Road 3, 5, 6 Sunnyknoll Terr. 98 Spring Street 196 to 226 Concord Ave. 365 Waltham Street Length 500 feet 450' feet 400 feet 100 feet (in Woodcliffe Rd.) 750 feet 100 feet (in Grapevine Ave.) Approx. Cost $16,000.00 16,000.00 13,000.00 2,500.00 25,000.00 5,000.00 $77,500.00 For the information of the Board, Chairman Kenney read a notice from State DPW Commissioners of a hearing on public roads to be held on October 2, 1974 at the County Commissioners' Office. Chairman Kenney read a memo from Mr. McSweeney stating that it is required that a representative of the Town present a preliminary proposal for Chapter 90 Maintenance and Chapter 90 Construction. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to submit a preliminary proposal at the meeting in the County Commissioner's Office on October 2, 1974 for: Chapter 90 Construction - $60,000 - Hancock Street from Bedford Street to Adams Street, approximately 2,750 feet; estimated cost $192,500. (This is the second year of a 4 -year program.) Selectmen's Meeting September 23, 1974 Alternate: East Street from near Lowell Street to Woburn Town line, approximately 665 feet; estimated cost $50,000. Chapter 90 Maintenance (Resurfacing) - $6,000: Various Chapter 90 roads. Chairman Kenney read a request from Mr. McSweeney, Director of Public Works/Engineering, to sign the agreement with the State De- partment of Public Works for the Chapter 90 Maintenance Resurfacing of Pleasant Street, in the amount of $6,000.00. Upon motion duly made and seconded, it was voted to sign the Agreement with the State Department of Public Works for the Chapter 90 Maintenance Resurfacing of Pleasant Street, in the amount of $6,000.00. Upon motion duly made and seconded, it was voted to approve the bond for Patrick J. Moynihan, Deputy Collector, in the amount of $2,500.00, as requested by the Tax Collector. Chairman Kenney read a letter from Mr. James W. Ritchie, 1 Whipple Road, complaining of zoning violations at 141 Lowell Street, owned by Mr. Brian Belcastro. A report was read from the Building Commissioner stating, "he had filed a complaint in late August at the Concord District Court. On August 6, 1974, the case had been heard by Judge Forte and Mr. Belcastro had been found guilty and fined $50.00. Mr. Belcastro ap- pealed and the case has been forwarded to the Supreme Court in Cambridge. Conditions at the site have not been corrected, and a second complaint is being prepared for filing at Concord by Captain Furdon. This procedure can be continued and fines accumulative for each day of violation. The other procedure for abatement of the problem would be by obtaining a restraining order or an injunction at a higher court than a District Court, and would have to be obtained by Town Counsel." After discussion, the Board agreed to inform Mr. Ritchie that the Building Commissioner and Town Counsel have been instructed to follow through on the matter. If the situation is not rectified, additional legal steps will be taken. Chairman Kenney informed the Board that the Director of Public Works/Engineering requests that sewer, water and street assessments be signed. Also, a request to abate sewer betterments assessed on Concord Avenue. Upon motion duly made and seconded, it was voted to sign the following lists of assessments submitted by the Director of Public Works/Engineering. 57 Chapter 90 Agreement Pleasant St. Resurfacing Bond Complaint Ritchie/ Belcastro Zoning Violations 58 Selectmen's Meeting September 23, 1974 Sewer betterment assessments for Emerson Road, Brent Road, Con- cord Avenue, Mill Brook Road, Suzanne Road, Westwood Road, Young Street. Water betterments for Adams Street Street betterment assessments for Philip Road. Upon motion duly made and seconded, it was voted to approve the Abatement recommendation of the Director of Public Works/Engineering to abate Sewer sewer betterment assessments for the following on Concord Avenue: Betterment Concord John F. Henry and Avenue Mildred M. Collins $ 664.15 -Sewer not extended to service #275 Neil L,'and Susan J. Chayet $1,585.06 VI #272 Chairman Kenney read a request from Secretary Davoren to certify the Character of applicants for Certificate of Incorporation. A re- port from Chief Corr states that he has investigated and sees no reason why the Board should not certify the character of these appli- cants. Upon motion duly made and seconded, it was voted to certify the Cert. of character of the following who have applied for Certificate of Incor- Incorp. poration: Permit Joseph S. & Ann K. Berline 3 Compton Circle "Field Point Property Owners Asso. Inc." Jeanne Schwartz 26 Taft Avenue "Lincoln Community Children's Center, Inc." Richard L. Whelan 100 Mass. Avenue "Charitable Union of Mass. Inc." Chairman Kenney read a request from Ms. Susan S. Beck, for the Committee for Paul Tsongas, to hold an auction at 16 Hancock Street on Saturday, October 5, 1974,7from 10:00 a.m. to 4:00 p.m. Mr. Bailey: Would there be a policeman? Hancock Street is very busy on Saturday. Ms. Susan Beck was present and said that she would talk with Chief Corr and, if necessary, arrangements would be made for a Special Police- man to be on duty. Chairman Kenney to Ms. Beck: You have asked for a rain date of a Sunday. No auctions, garage sales, etc. are allowed on Sundays. Ms. Beck: I now understand that. We will stay with the Saturday date, 59 Selectmen's Meeting September 23, 1974 Upon motion duly made and seconded, it was voted to grant permis- sion for an auction to be held by the Committee for Paul Tsongas at 16 Hancock Street on Saturday, October 5, 1974 from 10:00 a.m. to 4:00 p.m. The Board agreed to meet on Tuesday, October 15, because of the Columbus Day Holiday on Monday, October 14. The Board discussed a mean from Mr. O'Connell, Town Manager, recom- mending the use of Trust Funds. The memo states, "During the review of capital and expense budgets Use of for FY 75, certain requests for funds were reduced or deferred as part Trust of budget reduction but with the understanding that, where appropriate, Funds Trust Funds would be requested to fund those items. I recommend that the 'Hoard request approval of the Trustees of Public Trusts for these expenditures. Regarding future application of presently unusable Trust Funds, I have certain recommendations for making legal use of funds now accumu- lating and unusable because the specific exclusive use designated in the bequest requires only a fraction of the income, for example: the A.B. Tenney Memorial Fund provides for nightly illumination of the statue. This will continue to cost less than $100 per year. The current balance is over $3,500 and increasing to about $300/year net. I suggest Town Counsel be requested, after review with the Trustees, to seek court ap- proval to reassign the unusable income balances of certain trusts... If court authority can be obtained, it would provide for the accumulation of those funds with broad purposes. Assignment of responsibility for finding appropriate needs and administering the expenditures for author- ized purposes could then readily be made to operating department (DPW for cemeteries and Battle Green area) and/or suitable Town agencies. Use of the Charles Lyman Weld Fund. It is unlikely that the new Westview Development Committee will recommend that a chapel building be included in the program. The cost would be large and the use limited. It is probable that the landscaping plans may include an outdoor medita- tion area. It would, in effect, be a chapel without walls or roof. It may be appropriate to include at this time court approval (if necessary) to allow the available funds to defray part of the cost of the medita- tion area." The Hoard agreed to write to the Trustees of Public Trusts requesting transfers and to invite them to a Selectmen's meeting to answer any ques- tions. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to consider the expenditure of the following amounts from the appropriate Trust Funds: *1. $1,000 for replacement of power tools and equipment used on cemetery trees, including Dutch Elm eradication work. Trust Funds against which this could be allocated: Taylor Tree Fund, Charles E. French Colonial Cemetery Fund, Munroe Cemetery Fund, E.M. Mulliken Fund. 60 Selectmen's Meeting September 23, 1974 *2. $5,50 for'purchase:.of rotaxy hand mowers,.one'lawn sweeper, two trimmers. Trust Fund against which this could be allocated: Same as Item #1. *3. $1,000 for materials to reloam and reseed "Ye Olde Cemetery" for Bicentennial. Trust fund against which this could be allocated: Colonial Cemetery Fund. 4. $900 for protection of Minute Man Statue: $600 for repair of ma- sonry under the fountain and pointing up of the stones in the base of the statue; $300 for the purchase of removable barrier to protect the statue from climbers during public ceremonies. Trust Fund against which the $900 could be allocated: Hayes Fountain Trust Fund. -5. $250 for the purchase and installation of a sign, mounted on a pedestal base, calling attention of tourists to activities prohi- bited on the Battle Green by the General Laws. Trust Fund against which this could be allocated: Orrin W. Fiske Battle Green Trust Fund. **6, $1,000 for engineering plans for Tower Park Pond and Skating Rink. The recreation Committee, as part of its program of neighborhood skating areas, is very interested in building a Tower Park Pond and Skating Rink, and this would require a plan for an all -year pond with winter skating. The pond feature is considered essen- tial to meet the aesthetic requirements, and the water retention need on a year-round basis, instead of a winter flooded area only. The original cost estimate was $6,000 and, because of Wet- lands Act requirements, an engineering development study is necessary. Therefore, the Selectmen are requesting $1,000 for a set of plans showing the layout of the pond, water supply and level control, etc. and an estimate of construction cost. We suggest that the Tower Fund be used for this $1,000 and, if the fund could not absorb the entire cost, we would seek the balance under a Town Meeting Capital Budget appropriation. **7, When setting up the Bicentennial budget, we intended to ask for approximately $10,000 from Trust Funds to help defray unusual Bicen- tennial costs. Therefore, the Selectmen are requesting the income balance of approximately $4,700 from the Leroy S. Brown Fund, and approximately $5,300 from the George I. Gilmore Fund to make up this total of $10,000. We understand that the expenditure from the George I. Gilmore Fund would require a vote of the 1975 Annual Town Meeting. * Items 1,2 and 3 were included and !approved" in the FY75 operating budget. ** Items 6 and 7 were included and "approved in the FY75 csap&ta3.il u2get. 1 61 Selectmen's Meeting September 23, 1974 Chairman Kenney asked the opinion of the Board regarding the pre- Bird vious request from Dr. Howard Smith to re -name the Bird Room in the RoM . Cary Memorial Building to the Bicentennial Room. Mr. Brown: I talked with the Bicentennial Committee and there has been no response. After discussion, the Board agreed not to change the name of the Bird Room, and to so inform Dr. Smith. Chairman Kenney informed the Board that he had received a call from Representative Cole that the META has four bus shelters that could be made available to the Town. Bus We could accept these shelters and see how they work out. I Shelters understand that the Public Works Department would be responsible for putting in the concrete pada The recommended locations are (1) Massa- chusetts Avenue and Taft Avenue; (2) Concord Avenue and Waltham Street; (3) Lincoln Street and Marrett Road; (4) Countryside area. Chairman Kenney to Mr. O'Connell: Talk to the Planning Director and a decision could be made next week. Mr. O'Connell agreed. Mr, Busa reported to the Board that the Committee on Refuse and Recycling had met and agreed to ask the churches and temples if they are interested in putting a container on their property to collect newspapers, and they would realize a profit on the sale. This would add to the life of the sanitary landfill. According to the League of Women Voters, 50 percent of what is going into the landfill is news- papers. We are in the process of contacting the churches and temples to see how many would be interested. If they are not interested, we have another program. We have an interested commercial person who would collect one or two days a month at no cost to taxpayers. Any money realized, over a marginal profit, either our committee or the Board of Selectmen could come to an agree- ment of having excess profits turned over to the General Fund of Lexington. If the churches are interested, the committee recommends that we take this step first. Mr. Brown: This is in addition to what is going on at the sani- tary landfill? Mr. Busa: Yes. Mr. Bailey: You wouldn't do anything with glass or metal? Mr. Busa: Not now. Chairman Kenney: If someone (disposal company) would pick up without a charge, it might be worth a try. The Board agreed that the Refuse Committeeis to contact the churches and temples for agreement to have a container for newspaper collection on their property. Newspaper Collection 62 Selectmen's Meeting September 23, 1974 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 secur- ity, the financial interests of the Town, or the reputation of a person. After discussion of matters of collective bargaining, and a meeting with the Board of Appeals, it was voted to go out of Executive Session. Board of Appeals Bd. of App. Sel. Rm. The Board of Appeals was present at the open session. Chairman Kenney: We have met with the Board of Appeals in Execu- tive Session regarding St. Iltigid'-S: housing. The record shows that the Board of Selectmen supported this pro- posal at the 1973 Town Meeting. On a roll call vote, the Selectmen voted 4 to 1 in favor of the proposal. The question before us tonight is a procedural one, namely, "Would the Board of Selectmen assign the services of Town Counsel to represent. the Board of Appeals in its appeal to the Superior Court against the recent ruling of the Housing Appeals Committee?" Mr. Busa moved and Mx. Bailey seconded the motion to assign the services of Town Counsel to represent the Board of Appeals in its appeal to the Superior Court against the ruling of the Housing Appeals Com- mittee. Mr. Brown: We have heard from two lawyers that the case would be lost, and it would be a waste of the taxpayers' money. Mr. Bailey: Although two attorneys have indicated this, there are legal problems that are not resolved at this time and they deserve Counsel. Mr. Brown: I still think it is not economically sound. Chairman Kenney: I am convinced that the Board of Appeals has the right to Counsel. How does the Board vote? Mr. Bailey, Mr. Busa and Chairman Kenney voted in favor; Mrs. Battiuc.and Mr. Brown voted in the negative. Mr. Nickerson, Chairman of the Board of Appeals, requested the use of the Selectmen's Meeting Room on Thursday, rather than Tuesday, evenings. The Board agreed to Thursday evenings. 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 with the Planning Board regarding St. Brigid's Housing, it was voted to go out of Executive Session Selectmen's Meeting September 23, 1974 The Planning Board was present at the open meeting. Chairman Kenney: The Planning Board has requested the Board of Selectmen to provide legal counsel. In the event of an appeal by the Board of Appeals to the Superior Court in the St. Brigid's case, the Planning Board would intervene as a party. The Selectmen are willing to support the Planning Board out of respect for that Board and the conviction that they have such a deep-rooted interest in the case. It was agreed that the Planning Boad will submit a transfer request to the Selectmen, which the Selectmen will endorse and send to the Appropria- tion Committee. Upon motion duly made and seconded, it was voted to support the Planning Board by providing Special Counsel for the Planning Board to act as intervener in the appeal of the Board of Appeals against the re- cent ruling of the Housing Appeals Committee regarding St. Brigid's housing. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true copy, Attest: Executive Clerk, Selectmen C i ��`�1111 B_' 6 4 Town Clerk Town Report Photography Contest SELECTMEN'S MEETING September 30, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, September 30, 1974, at 7:15 p.m. Chairman Kenney, Messrs. Bailey, Buse and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Miss Mary R. McDonough, Town Clerk, Mrs. Lois Brown, Mrs. Helena Butters, Mrs. Natalie Riffin, and members of a Citizens' Planning Com- mittee met with the Board to present a painting by the Lexington artist Philip Parsons, to Miss McDonough in recognition of her tenth year as Town Clerk and thirty-three years of service to the Town. Mrs. Riffin: I would like to thank Mr. O'Connell for making ar- rangements:for this evening. Mrs. Butters spoke to us and we agreed it would be nice if the Town Clerk's office had a painting equal to those in other Town offices. A group of us got together and we decided to ask Mr. Parsons to paint a scene of Lexington for Mary. In making this gift, we wish to recognize the cheerful welcome and competent attention given to all the people who visit her office, and we request that it be hung permanently in the Town Clerk's office in a prominent location clearly visible to the public. On behalf of the following individuals, we present this painting to Miss McDonough: Rebecca and Alan Adams Lois and Sanborn Brown Helena and Keith Butters Elizabeth and Eric Clarke Anne and Austin Fisher Angela and Frederick Frick Polly and Roland Greeley Janet and Howard Kessler Barbara and Robert Kent Diane and Eric Lund Martha and Irving Mabee Ellen and Feank Michelman Natalie and Paul Riffin Elisabeth and Thomas Taylor RuthcaNCWeiant Wathen-Dunn , Mr. O'Connell presented flowers and he and the Board members ex- pressed their appreciation to Miss McDonough for the outstanding job she has performed during her many years of service with the Town. Miss McDonough accepted the gifts and thanked everyone for the great honor bestowed upon her this evening. Mr. Louis Zenner, Chairman of the Town Report Committee, met with the Board to show the ten photographs he is submitting for the Massachusetts Selectmen's photography contest. These are pictures which have been in- cluded in previous Town reports and have been selected as the most out- standing and worthy of being included in the competition. The Board thanked Mr. Zehner and he retired from the meeting. Selectmen's Meeting September 30, 1974 Mr. O'Connell discussed with the Board the possible locations for bus shelters in the Town. Mr. Lincoln Cole, as our liaison with the M.B.T.A., has gotten an option on them and it is up to us to recommend the locations. These are aluminum shelters, approximately 6' x 8', to be located on a concrete slab on a strip of the sidewalk. The con- crete slab could be installed by the Public Works Department. Mr. Briggs, Planning Director, recommends the following locations, but there might be a problem with those within the Historic Districts: 1. Massachusetts Avenue and Taft Avenue. 2. Concord.Avenue.and Waltham Street. 3. Lincoln Street and Marrett Road. 4. Intersection of Lincoln Street and Parker Field Playground. 5. Countryside. 6. Depot Square 7. Massachusetts Avenue at the Colonial Garage. Chairman Kenney: Are these in order of preference? Mr. O'Connell: Not necessarily; these are all very busy spots. Chairman Kenney: Lincoln Street and Parker Field location would probably be used the least. For now, we will recommend four locations and, -.later on, we can go to the Historic Districts Commission on those within their jurisdiction. The Board agreed to inform Mr. Cole of the acceptance of these bus shelters, and to request him to contact Mr. McSweeney, Director of Public Works/Engineering, to finalize the arrangements for installing concrete pads in the following locations: 1. Massachusetts Avenue and Taft Avenue. 2. Concord Avenue and Waltham Street. 3. Lincoln Street and Marrett Road. 4. Countryside. Mr. William Page, Chairman of the Advisory Committee on Cable Tele- vision, met with the Board to discuss the possibility of funds for the printing of the CATV Report for distribution to interested persons in the Town. Mr. Page: When we last met, we discussed a transfer request to the Appropriation Committee for $400 to print the CATV report. The Appro- priation Committee took no action, either pro or contrary, because the particular account into which the funds would go is healthy, but all of these items are budgeted. I asked them how they would feel if we came back to them in the spring but they feel it is not absolutely; necessary to give copies to Town Meeting Members. We have three options: (1) We could have copies in the Selectmen's Office and the Library (2) We could change the timetable and budget it for 1976; (3) We could put out a progress report; (4) We could find a cheaper way to print it. Bus Shelters CATV E.P.A. Reduc- tion in Parking Spaces Bike-a- Thon Munroe School P.T.A. Selectmen's Meeting September 30, 1974 After discussion, the Board agreed that Mr. Ward is to come back with a quotation on printing 150 copies of Volume 1 of the CATV report. Mr. Ward agreed and retired from the meeting. Mr. O'Connell informed the Board that we have filed with E.P.A. on employee parking lots and Chairman Kenney has just received a letter from them stating there will be a "no prosecution date" until January 1, 1975 as they are proposing to revise their regulations. We have made great progress on this through the efforts of the Massachusetts League of Cities and Towns. Chairman Kenney read a request from Mrs. William Smith, West Subur- ban Chapter of the Kidney Foundation, for permission to conduct a Bike- a-Thon through the Town on Monday, October 28, 1974. Mr. O'Connell: I would suggest that they run it in sections, rather than have all bicyclists together. I don't think they need a permit. Chairman Kenney: Chief Corr has approved the route. The Board had no objection and agreed to ask Mrs. Smith to make ar- rangements for the bicyclists to be separated into sections. Chairman Kenney read a request from the Eunice Kennedy Shriver Center for Mental Retardation for permission for a Walk-a-Thon on Sunday, October 20, 1974. The Board had no objection. Mrs. Rebecca Shankland and members of the Munroe School P.T.A. met with the Board to discuss the installation of a pedestrian traffic signal,. Mrs. Shankland: We represent Munroe School P.T.A. When we came originally a year and a half ago, the petition was signed by 88 people? there were 103 families but, because it was June, there were 15 out of town. This represented 84 percent. We have now grown to 123 families and concern is close to 100 percent. Speaking on behalf of the petition signers, this is for a pedestrian traffic light. One signer is a senior citizen and he felt there is a heed between Adams School and the Center because there is no protective crossing for pedestrians. There is a need for adults as well as children. 1. Massachusetts Avenue, near the Munroe School, there is high density traffic. In September, a survey showed more than 1,000 cars per hour, which amounts to 17 cars per minute and 1 car every 4 seconds. The speed limit is 35 miles per hour and most of the traffic travels that or faster. In making a traffic count, we saw it was difficult to cross the street for 1 or 3 minutes for clear crossing. 2. The second factor is children, particularly when there is no school crossing guard. The time would be for extra help be- fore and after school, and especially Thursday after school sports programs and Brownies; playgrounds are used also on weekends. 67 Selectmen's Meeting September 30, 1974 We see a serious problem at Munroe School and a traffic light would alleviate this problem. Chairman Kenney: We have received a report from the Traffic Safety Committee stating, "....the Traffic Safety Committee would like to say that the "balanced account" of conclusions in the Manual on Uniform Traffic Control Devices and, further, we were not aware that a traffic safety problem existed at this location. Also, • the Committee was of the opinion that it was comprised of "those people in the Town who are responsible in such mattershich is a quote from the Munroe School PTA report being the agency which makes recommendations based on facts to the Board. Obviously, conclusive guidance, in the form of the Manual, does exist and, in accordance with our following that guidance, we again recommend that the request of the P.T.A. be denied. Further, we recom- mend that, until such time as substantial increases in vehicular and/or pedestrian volumes occur, the Board notify the P.T.A. that no additional applications will be considered." Chairman Kenney to Mr. McSweeney: Did you take prior surveys? Mr. McSweeney: Yes. Chairman Kenney: Mr. McSweeney's report also states that in order to properly re-evaluate the validity of such an installation of pedes- triaa actuated traffic signals on Massachusetts Avenue at the Munroe School, the Committee requested that the Engineering Department and the Police Department gather new data relative to speed, vehicular volume, and pedestrian volume. This data revealed that the 85 percentile speed is 40 M.P.H.; the vehicular volume is approximately 1000 vehicles per hour, between 7:00 A.M. and 6:00 P.M., and the pedestrian volume varies from a high of 129 per hour to zero per hour, and during the two sub- je4t days did not exceed 267 for an 11 -hour period. These results are substantially the same as those we have found in studies of this loca- tion during the past two years. More importantly, the warrants for the installation are not met. Two of the 8 warrants apply to this particular petition. They are Warrant 3, Minimum Pedestrian Volume, and Warrant 4, School Crossings. Warrant 3 is based on two conditions, both of which must be met. The first relates to pedestrian volume. It states that for each of any eight hours of an average day there must be 150 pedestrians or more crossing. This condition is clearly not met. The volume does not exist. Warrant 4 is based on a time delay premise; it is not met by this loca- tion; firstly because a crossing guard is present when school opens and closes. Secondly, even without the assistance of a crossing guard, our observations tell us that adequate gaps in traffic exist." Chairman Kenney: The Traffic Safety Committee's recommendation is based primarily on the criteria that is acceptable to the State. The warrants are in no way being met. They also feel that sufficient traf- fic gaps do exist, and nothing is completely safe. We share your concern for your children's safety but they have to be taught. Mrs. Battin: How were the warrants met for Adams and Parker Schools? 68 Selectmen's Meeting September 30, 1974 Chairman Kenney: Parker has a different set of warrants, for vehi- cular intersections. Adams School has the library and a church. I understand the State can make exceptions. Mr. Brown: There is a school, two churches, and the library; it brings the average up much higher than children just going to play. Chairman Kenney: The question is whether you further improve it by putting in a traffic light. The State engineers feel you have to meet the warrant. Mr. Lombard, School Principal: The State does make compromises. are you saying there isn't an appeal by us to the State? Chairman Kenney: I didn't say that. If you felt there was a real strong case 1.. Mr. Lombard: I am saying does it stop here or go further? When you make a final decision, can an appeal be made to the State? Dr. Kenneth Snell, P.T.A.: I called the State DPW and asked what the warrants were about and was told that they were primarily interested in vehicular volume and, if it was more than 60 seconds to get across the street, a warrant would be considered regardless of vehicular traffic. Mr. Silverman: We are grateful to Mr. McSweeney for the Manual on Uniform Traffic Control but I question whether we should use Chapter 7 rather than 3 or 4. Chapter 7 is school areas; 7A-3 has crossing crite- ria that you have to have the number of gaps equal the number offminutes. Both DPW and you agreed on 1,000 cars per hour, and we are talking less than 1 a minute, which would meet this criteria. It seems to me that if one focuses on Chapter 7 -School Crossings then the criteria would be met and the Board would be justified in requesting a signal. Mr. McSweeney: Then you would set up a school zone, and that wouldn't fit the purposes. You presently have a crossing guard there. School Zone lights reduce the speed down to 20 miles per hour and they are on in the morning and afternoon. Mr. Bailey: I am hearing that there is some other kind of traffic control device, something that will create gaps. I don't see how a school zone will create gaps. Did you time the gaps? Mr. McSweeney: I don't believe so. Chairman Kenney: Mr. Bailey's question is, "Is there a method whereby you can create gaps?" Mr. McSweeney: It is interrupted in mid -blocks. Chairman Kenney: The Traffic Safety Committee said these were suffi- cient gaps. Mr. Brown I have watched the operation of the traffic light at East Lexington, and it was used often by the children to get agross the street. It seems to me that, essentially, that traffic goes by at that point as it goes by Munroe. I wonder about the gaps at that light and at Munroe. Mr. McSweeney: I don't have the figures available. Selectmen's Meeting September 30, 1974 Chairman Kenney: It would be better to get a comparison. Is it true that if there are insufficient gaps that might be able to over- ride the pedestrian count, which they don't have? For the edification of the Board, provide us with some sort of a study made regarding the gaps Mr. McSweeney: Remember that the gaps and pedestrians are not re- lated to the school. We believe that a crossing guard is much safer than a traffic light. Chairman Kenney: State and ask them to Mr. Bailey: See Mrs. Battin: In education of children We agree. We will go over the figures with the come out to go through each warrant. if Mr. Silverman is correct. case we don't meet the warrants, there must be and motorists. Have you plans for more strictly enforcing the rules and regulations? Mr. McSweeney: The Chief is very strict. Don't forget they have a Safety program in the schools. Mr. Brown: I would point out the fault of adults; if there is any policeman there, they observe the signs. I am saying it is the adults, not the kids. Mrs. Battin agreed. Perhaps there ought to be citizen membership on the Traffic Safety Committee. Chairman Kenney: I hesitate to put citizens on, but we do allow and encourage people to attend their meetings. Chief Corr has met with these people in his office and 25 or 30 of them were there. Mrs. Battin: I justthought that, like the Design Advisory Com- cittee, they might be of use, and it is a good point we might consider. Chairman Kenney: We will leave it that Mr. McSweeney will bring back further information on gaps in the Munroe School area. Also, check the pointmade by Mr. Silverman regarding Chapter 7. The Board agreed to contact the Munroe School P.T.A. when the in- foconation is received from Mr. McSweeney. The Board discussed the invitation to the President of the United States to attend the rededication of the Battle Green on Sunday, April 20, 1975. It was the unanimous decision of the Board that the invitation be extended to the President, to be hand -delivered by the Chairman of the Board of Selectmen. Mr. Buse recommended that.a member of the Bicentennial Corporation be ',invited to accompany the Chairman to Washington and present a Bicen- tennial medallion to the President. Mr. O'Connell added that a representative of the Scottish Rites' Museum of Natural History should also be invited. Mrs. Battin asked if there were any particular security costs in- volved? Bicentennial Invitation to the President 70 Killefer Drain Elena Road Selectmen's Meeting September 30,::1974 Mr. O'Connell said that they would be very substantial. The Secret Service, out of Boston, would handle it but if thousands of people want to see the President, it is a local problem - before, during and after. The federal government just moves him through the crowd. It was agreed that Chairman Kenney is to talk with Mr. Tarlin, Bicentennial Director, to draft an invitation to the President to attend the ceremony on April 20, 1975. Chairman Kenney read a request from Mr. William Killefer, 8 Elena Road, for permission to tie into an existing Town -owned drain, adjacent to his back property line, for the installation of an in -ground swimming pool. The drainage tie-in would be at Mr. Killefer's expense. A report from Mr. McSweeney states that this proposal is acceptable to the Department of Public Works/Engineering and he recommends that the Board grant approval. Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Director of Public Works/Engineering to grant permission to Mr. William Killefer, Jr. to tie into a Town -owned drainage system abutting the rear of his property at his expense, subject to the follow- ing conditions set forth by the Director of Public Works/Engineering: 1. All work will be done in accordance with Town specifications. 2• By no way will any back -wash water from the proposed pool be discharged into the proposed or existing drainage systems. 3. The owner guarantees that the Town shall not be held liable for any damages resulting from the backing up of any drainage system. Chairman Kenney read a report from Mr. McSweeney, Director of Public Works/Engineering, in reply to a request from the Lexington Golf Club for an adjustment in the water bill of $870.25, which the Club feels is a very considerable amount of money for their water bill. Lexington The report states that our records indicate that in July of this Golf Club year, the Lexington Golf Club requested a check of their Pit Meter No. Water Bill C-61-55 that services the Club, and it was found to be running in good working order on that day. This check was done at the request of the Chairman of the Greens Committee as a result of the high water bill that they had received. At that time, the Working Foreman of the Water Divi- sion notified them that the meter was in good working order and that they apparently had a leak on their side of the meter (this was the reason for the meter to be operating), and he suggested that they check their line because it could have been running all winter. In checking recently, they have given us the indication that they have not repaired their lines. I personally witnessed a bad leak running adjacent to the club house. With two 2" lines servicing their maintenance needs, it does not take long to run up a sizable bill. Selectmen's Meeting September 30, 1974 I would suggest that they contact the Water Division and have this service shut down at the main until this condition is corrected. I would also recommend that the line be shut down seasonably to prevent any! misuse or vandalism to their line. Therefore, I find no reason for recO mmending an adjustment on this bill. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering that there is to be no adjustment of the water bill and to inform the Lexington Golf Club that the amount of $870.25 is due and payable to the Town of Lexington. Upon motion duly made and seconded, it was voted to table the memo from the Conservation Commission regarding conditions at Bowman Park, pending a recommendation from Mr. McSweeney. Chairman Kenney read a :recommendation from the Director of Public Works/Engineering to abate the sewer betterment assessment of Andrew C000, 171 Woburn Street, in the amount of $1,668.25 because a portion of the lot has been previously assessed. Upon motion duly made and seconded, it was voted to sign the abatement of the sewer betterment assessment of Andrew Cupp, 171 Woburn Street, in the amount of $1,668.25. Chairman Kenney read a letter, dated September 20, 1974 from Mr. Stephen Millen, the new owner!,operator of the White Hen Pantry loca- ted, at 373 Massachusetts Avenue, requesting a temporary permit to re- main open twenty-four hours a day. The.1etter states, "... I have had a number of requests from local townspeople and town employees, who happen to work late at night, to deep the store open for twenty- four hours." Another letter from Mr. Milien, dated September 30, states that in the event his request for twenty-four hour operation is denied, he requests an extension of hours from 6:00 a.m. through 3:00 a.m. (The current hours of operation are from 6:00 a.m. to 12:00 Midnight.) Mr. Millen was present at the meeting. Chairman Kenney: You do not have a Common Victualler's License. Mr. O'Connell: The question is whether he needs a Common Vict- ualler's License if he sells sandwiches and they are not consumed on thepremises. Mr. Milien: I went to Mr. Smith, Health Director, to get all thej necessary licenses and there was no mention of anything else. Chairman Kenney: I understand that they had been staying open all night at one time. Mr. O'Connell: The neighbors complained about this and they cut back to 1:00 a.m., and the neighbors still complained. 71 Cupp Sewer Betterment Abatement White Hen Pantry 24-hour Opening li 72 Minutes Selecetmen's Meeting September 30, 1974 Mr. Bailey: How do we become involved when there is no Common Victualler's license? Chairman Kenney: When the neighbors complain. Mr. O'Connell: If you don't issue a Common Victualler's license) there is no way of enforcement. Mr. Millen: I have had requests from people who work after mid- night to stay open until 4:00 a.m. Mr. Bailey: If there is any difficulty, then we become involved quite rapidly. Mr. Buse: I don't think the change in management is going to change the nuisance, as Mr. Millen can't be there twenty-four hours. Mr. Millen: Since I became Manager, the number of complaints has decreased, and I haven't had a problem. Mr. O'Connell: Have you discussed your plans with the people who are immediately next to you? Mr. Millen: It is vacant. I have talked to neighbors and asked them if they mind and they said, "Yes, but we will see what happens." Chairman Kenney: We had a petition the last time and I would say' that, as of this evening, the Board will not give you permission because this is beyond our power (without a Common Victualler's license) but we will look into it and get a report from Chief Corr. We request that you get the feeling of the neighborhood. Mr. Bailey: As far as Mr. Millen is concerned, and as fax as hours of operation are concerned, he is on his own. Chairman Kenney: And if complaints are received, we will take steps to abate the nuisance. Mr. Bailey: I think the whole operation of opening for twenty-four hours is new and will be coming to us. Maybe we should ask the Planning Board if they want to jointly sponsor an AZticle in the Warrant (against 24-hour openings). Mr. Millen: I would not he here if I had not had requests from people. The Board agreed that no action would be taken as a Common Vict- ualler's license is not involfed. But, if Mr. Millen remains open twenty-four hours and if complaints are received from residents of the neighborhood, the Board of Selectmen will again look into the matter. Chairman Kenney asked Mr. O'Connell to contact the Planning Board to discuss the sponsorship of an Article in the Warrant for the 1975 Annual Town Meeting. Mr. O'Connell agreed. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on February 21, March 18, and April 1, 1974. Veterans' The Board agreed to accept the invitation from the Town Celebra- Day tions Committee to participate in the morning- parade on Veterans' Day October 28, 1974. 1 73 Selectmen's .Meting September 30, 1974 Upon motion duly made and seconded, it was voted to approve the Contract request of the Director of Public Works/Engineering to sign Contract 73-8-E 73-8-E for sanitary sewer construction, awarded on September 9, 1974 Sewers toCrognale Construction Company in the -amount of $321,015. Chairman Kenney informed the Board that the decision has come down from the Superior Court Judge on the Interfaith appeal that the Sousing Appeal Committee's decision has been upheld. At this stage in time, we will allow that opinion to be given to the Board of Appeals. Nr. Cohen: It is an important decision and it is too bad that thel Judge didn't see fit to write out the decision. People will be disappointed that he didn't do so. Interfaith Appeal Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting on'matters which, if made public, might adversely affect the public Executive seourity, the financial interests of the Town, or the reputation of Session a person. After discussion of matters of Town and financial interests, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:35 p.m. A true record, Attest: X37 Executive Clerk, Selectmen 4 SELECTMEN'S MEETING October 7, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, October 7, 1974.at 7:30 p.m. Acting Chairman Bailey, Messrs. Busa and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cphen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Police Chief Corr, Patrolman Allen M. McSherry, Jr., Lt. Lloyd Policeman Faulkingham, and Sgt. Philip Taylor met with the Board. Medal of Chief Corr presented Patrolman McSherry with the Lexington Police Merit Department Medal of Merit. The award, established under Section 27 of the Department Rules and Regulations, recognizes those officers who have distinguished themselves through meritorious action in the line of duty. Nomination to the Chief of Police must be made in writing within seven days of the act and is subject to review by the Chief and two officers. Patrolman McSherry is the second recipient of this Police Department award, the first being Detective George (Mike) Forten on May 1, 1971. Chief Corr commended Patrolman McSherry and said there was no question but that he deserves the award by virtue of his professional skills and devotion to duty. Chief Corr read Special Order No. 2, dated September 12, 1974 as follows: "The below named officer is hereby officially commended in special orders by virtue of his professional skills and devotion to duty as herein defined: McSherry, Allen M. Jr. Patrolman On November 2, 1970, at approximately 2:00 p.m. and while off duty, Patrolman McSherry observed a man with a gun at the intersection of Massachusetts Avenue and Clarke Street. The suspect was in the pro- cess of taking aim at a teenaged Lexington resident who was standing near the Minuteman Statue. Without regard for hie own personal safety, Patrolman McSherry who was unarmed, confronted the suspect. With the assistance of another officer, McSherry successfully disarmed the sus- pect and took him into custody. During this encounter, the suspect's revolver was discharged in an attempt against the officer's life. On September 9, 1973, at approximately 9:30 p.m. and while on duty, Patrolman McSherry had occasion to stopla suspicious car on Route 2A. While the officer questioned him, the driver, suddenly and without warning sped away at a high rate of speed. Patrolman McSherry skill- fully overtook the suspect vehicle and seized a loaded revolver from 1 Selectmen's Meeting October 7, 1974 onelof the occupants. A passenger in the vehicle had recently escaped fro0 state prison where he had been serving a 14 to 20 year sentence for armed robbery. McSherry successfully arrested the -fugitives. On November 14, 1973, at approximately 9:20 p.m. and while on duty, Patrolman McSherry had occasion to stop a suspicious car on Woburn Street near the Woburn/Lexington town line. His persistance and keen instinct were responsible for the arrest of two members of a motorcy- clei gang who were heavily armed with a loaded .25 caliber automatic, a .45 caliber automatic, and a .32 caliber revolver. With knowledge that members of this gang had threatened to kill certain members of a rival, Lexington motorcycle club, McSherry had managed to intercept thein before the threat could materialize. On August 24, 1974, at approximately 3:30 a.m. and while on duty, Patrolman McSherry had occasion to stop a motor vehicle onnPleasant Street for a minor traffic offense. The officer questioned the driver carefully, then arrested him for possession of a fully loaded pistol. Ballistics tests later proved that the weapon had been used in a series of armed robberies throughout Massachusetts. His commanding officers, in their letter of recommendation to the Chief of Police, said this: "We have never been more eager to write a letter of recommendation for a police officer than we are for Officer Allen McSherry. It is a rare occasion however, when the writer of such recommendations does not have to pause from time to time to be sure that the words sound proper and create the desired effect. There will be no pause here." Each of these events, individually rather than collectively would norm- ally suggest a commanding officer's commendation. Unfortunately however, McSherry's uncommon performance of duty has become commonplace and his commanding officers have come to expect it, without due recognition, as typical of this officer's attitude and record of performance. Through his unselfish, professional conduct, Patrolman McSherry has reflected great credit upon himself, the law enforcement agency which he repre- sents, and the Town of Lexington. In so doing, he has maintained the high principles of the Lexington Police Department. In acknowledgement, Patrolman McSherry is hereby awarded the Lexington Police Department. MEDAL. OF MERIT. The officialrecord will show this to be Only the second such presentation in the history of the Lexington Police Department. James F. Corr Chief of Police" 76 Traffic Burlington Street Saint Brigid's Center Tree Planting Selectmen's Meeting October 7, 1974 Acting Chairman Bailey, on behalf of the Board and the Town, con- gratulated Patrolman McSherry and presented him with a framed certifi- cate and a U.S. savings bond in the amount of $150.00 The Board discussed with Chief Corr Burlington Street. Mr. Bailey: We received a petition residents and referred it to the Traffic cussed and referred it to Chief Corr for Chief Corr: I wish that the people driving on Burlington Street. We have a we had a patrol car in the area for three or did not see too many cars but there are more the other small streets. I assure the Board and if, in the future, there is a problem on try and straighten it out. Mr. Bailey: We will communicate to the that they will receive special attention and are not caught speeding. the traffic conditions on from the Burlington Street Safety Committee, who dis- traffic enforcement. in Town would slow down when speeding problem there and four days. We, in effect, speeding vehicles than on that we will pay attention Burlington Street, we will people on Burlington Street we hope that the residents Mr. O'Connell: The Board voted to support the request of the Plan- ning Board for outside legal assistance relative to possible further litigation involving St. Bridid's housing. Since that time, the Plan- ning Board agreed the cost of such services would be $2,000 and we have a transfer request prepared in that amount to Account 1775 -Legal Fees. I recommend favorable action of the Board for transmission to the Appro- priation Committee. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from the Reserve Fund to Account 1775 -Legal Fees in the amount of $2,000. Mr. O'Connell: Mr. McSweeney asked me to advise the Board the tree planting program in the Center is about to go forward, and tree planting to be done from Muzzey Street to the Bargain Barn. Acting Chairman Bailey opened the hearing on the petition of the Boston Edison Company for the installation of conduit on Massachusetts Conduit Avenue and Woburn Street to provide service to the Russell Square condo - Mass. Ave. & miniums. Woburn St. Notices of the hearing were sent to abutters, as listed on the petitioner's map and also filed with the Public Works Department. Mr. Louis Pratt, representing the Boston Edison Company, was present and informed the Board that the conduit will be run off the existing poles; one service will come in from Massachusetts Avenue and two will come from Woburn Street. Mr. Bailey read a report from Mr. Coscia recommending that approval be granted for this installation. 1 1 1 Selectmen's Meeting October 7, 1974 No one appearing in favor or in opposition, Acting Chairman Bailey declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company for the following location of conduit: Massachusetts Avenue: Northeasterly, approximately 239 feet south- east of Woburn Street a distance of about 8 feet. Woburn Street: Southerly, approximately 168 feet east of Massachusetts Avenue, a distance of about 9 feet. Woburn Street: Southerly, approximately 265 feet east of Massachusetts Avenue, a distance of about 8 feet. Acting•Chairman-Bailey read -a -request from the -Director -of -Public Works/Engineering to vote -an intent to- acquire slope• easements• on Clarke Slope and Muzzey-Streets, with -an -award -of no damages An -appraisal from W.H. Easements Lyon states'that no damages will'be incurred by the proposed taking and Clarke & the value will be greater after the taking. Mr. Lyon's appraisal report Muzzey Sts. excluded property at 19 Muzzey Street because of an ownership interest, and 32 Muzzey Street because of his management for the Lynah family. Mr. Busa: If fences and shrubs are removed, will they be put back? Mr. McSweeney: Yes, removed and reset. Upon motion duly made and seconded, the Board voted an intent to ac- quire slope easements for the reconstruction of sidewalks on Clarke and Muzzey Streets, with an award of no damages. Town Counsel was instructed to prepare the necessary documents for these proposed takings. Mr. O'Connell informed the Board that he will be on the panel on collective bargaining at the annual meeting of the League of Cities and Collective Towns on October 17 in Worcester. A representative of the Selectmen Bargaining should be present to vote on matters concerning officers and by-law Changes. Mr. Busa agreed to attend the meeting as the designee of the Board to vote on official matters. Mr. O'Connell advised the Board that the Health Director has been contacted by Mr. Anthony Cataldo to see if he could keep eight buffalo on the property behind the Gold Ribbon Farm area. There has been recent action by the Board of Appeals granting a permit for the continuation of the business and, at the hearing, some of the neighbors objected to the permit. Mr. Smith, the Health Director, has also been approached by the neighbors stating their objection to the buffalo. Mr. Smith reviewed the pertinent State law and it appears that it refers only to sheep and hogs, and there is no mention of buffalo. The residents are showing great concern. Gold Ribbon Farm Buffalo Proclamation Cert. of Incorp. 4th of July Carnival Contract 75-14-E Cary Hall Resignation Personnel Advisory Board Use of Cary Hall Bowman Park Selectmen's Meeting October 7, 1974 Mr. Bailey: Are they worried about the fact that there are animals there or the fact that they are buffalo? Mr. O'Connell: I think both. I suggest that Town Counsel research this. The Board agreed that Town Counsel is to research the matter. Upon motion duly made and seconded, it was voted to sign the procla- mation declaring the week of October 6-12, 1974 as National 4-H Club Week. Upon motion duly made and seconded, it was voted to certify the char- acter of Louis C. Fillios, 19 Eliot Road, who has applied for Certificate of Incorporation, "United Hellenic -American Organizations of New England, Inc." Acting Chairman Bailey read a request from the Lions Club to conduct the Annual 4th of July carnival on July 2, 3, and 4, 1975. Mr. O'Connell: In our discussion with the Lions Club, it was con- cluded that there was nothing wrong with the rules we asked them to comply with, and they gave us assurance that they understand the problem and the conditions will be lived up to. Mr. Bailey: The Lions Club is aware that it is up to them to see that the conditions are properly enforced. Upon motion duly made and seconded, it was unanimously voted to grant permission to the Lions Club to conduct the Annual 4th of July Carnival on July 2, 3, 4, 1975. Upon motion duly made and seconded, it was voted to ,approve the re- quest of the Director of Public Works/Engineering to sign Contract 75-14- E, awarded on September 23, 1974 to New England Painting Contractors, Framingham, for exterior painting of Cary Memorial Building, in the amount of $2,295.00. Acting Chairman Bailey read a letter of resignation from Mr. Neil Chapman as a member of the Personnel Advisory Board. Upon motion duly made and seconded, it was voted to accept the resig- nation of Mr. Neil Chapman as a member of the Personnel Advisory Board. The Board discussed a request from the Lexington Grange to hold the Massachusetts Grange meetings in Cary Hall on October 27 - 29, 1974. The Board agreed that Cary Hall is inappropriate for such a large gathering of people, and to so inform the Lexington Grange. The Board discussed a request from the Conservation Commission to clean up the debris in the Bowman Park and to possibly put some boulders at the entrance in order to discourage vehicles from parking there. The Board agreed to request Mr. McSweeney to make arrangements to clean up the area and, also, to request Chief Corr to police the area to discourage parking and littering. 1 79 Selectmen's Meeting October 7, 1974 Mr. Buse informed the Board that there is one appointment open on Appointment the Youth Advisory Commission, and he recommended that Mr. Alexander Youth Liazos, 72 Bow Street, be appointed a member -at -large. Advisory Upon motion duly made and seconded, it was voted to appoint Mr. Commission Alexander Liazos to the Youth Advisory Commission as a member -at -large. 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 a matter involving appointments, it was voted to go out of Executive Session and resume the open meeting. Executive Session Members of the Citizens for Lexington Conservation were present at the meeting. Conserve - Mr. O'Connell said that he is prepared to make two appointments to Comm. Appt. the Conservation Commission, with the approval of the Board of Selectmen. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to appoint the following members to the Conservation Commission: Mrs. Susan Soloman to fill the unexpired term of Mrs. Margaret Rawls to April 1, 1977; Mr. John J. McWeeney to fill the unexpired term of Doctor Howard Kessler to April 1, 1976. Mr. Bailey announced that the matter of the reappointment of Mr. Manfred Friedman will be resolved shortly. 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 with the Personnel Advisory Board 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 so SELECTMEN'S MEETING October 15, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Tuesday, October 15, 1974, at 7:30 p.m. Chairman Kenney, Mr. Buse, Mr. Brown; 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 award the contract for Sidewalk sidewalk construction on both sides of Muzzey Street and Clarke Street Contract to the lowest bidder, Santorelli Construction, Inc., Wakefield, in the Muzzey amount of $59,986.50. Clarke Sts. Upon motion duly made and seconded, it was voted to award Contract 75-5-E to Santorelli Construction, Inc., Wakefield, Mass. in the amount of $59,986.50 for the construction of sidewalks on both sides of Muzzey Street and Clarke Street, as authorized under the $60,000 appropriation of Article 19 of the 1974 Annual Town Meeting. Mr. O'Connell requested that the Board approve the transfer of $3,200 from the Reserve Fund to the Engineering Overtime Account 5100. Transfer This transfer is necessary because a senior engineer was assigned in - Account 5100 spection duties of a junior engineer who has been out because of a work-related disability; also, increased workload in traffic engineer- ing and recreation projects, and the increase in the number, or length, of workdays because of contractors working on Saturdays and, therefore, requiring an inspector. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approvethe request.for a transfer from the Reserve Fund to Account 5100 in the amount of $3,200. Mr. O'Connell informed the Board that a letter has been received from Robert S. DeSanto, Chief Ecological Scientist with C.E. Maguire, Turning Mill Inc., concerning a proposed fee scheddle for the use of an Ecological Ecological Technician to monitor the Turning Mill sewer construction. The sum Contract is not to exceed $10,000 for a 60 -day period. Upon motion duly made and seconded, it was voted to accept the proposal submitted by C.E. Maguire, Inc. for an Ecological Technician to monitor the Turning Mill sewer construction for a 60 -day period in an amount not to exceed $10,000, and to authorize that a suitable con- tract be drawn up for approval of the Board. Domings Lot Mr. Cohen, Town Counsel, requested the Board to sign the release Restriction of a restriction on Lots 166 and 167 Valleyfield Street owned by Edward E. and Mary L. Domings. Upon motion duly made and seconded, it was voted to sign the follow- ing release of restriction on Lots 166 and 167 Valleyfield Street owned by Edward E. and Mary L. Domings: 1 1 Selectmen's Meeting October 15, 1974 WHEREAS, under date of April 15, 1968, the Town of Lexington, a municipal corporation in Middlesex County and the Commonwealth of Massachusetts, acting by its Board of Selectmen under and by virtue of the power conferred on it by the vote of the Town Meeting held March 16, 1953, as Grantor, by a deed recorded in the Middlesex South Registry of Deeds, Book 11493, Page 147, imposed a restriction upon certain real estate in said Lexington, being designated as lots 166 and 167 on Valleyfield Street in said Lexington, as shown on a plan entitled "Farmhurst, Section 4, Lexington, Mass., Belonging to Neil McIntosh, Tr., Jan. 1923, C.H. Gannett C.E.," recorded with Middlesex South District Registry of Deeds, Book of Plans 361, Page 20. WHEREAS, said restriction combined, for purposes of building, said lots 166 and 167 with lots 168 and 169 on said plan, and pro- vided that only one building, together with customary accessory build- ings, be erected, placed or maintained on the combined lot, dor a period of ninety-nine years from the date of said deed. WHEREAS, the record owners of said lots, Edward E. Domings and Mary L. Domings, the Grantees in said deed, have requested that the Town of Lexington release said lots from the restriction imposed in said deed. NOW, THEREFORE, the Town of Lexington, acting by its Board of Selectmen, under and by virtue of the power conferred upon it by the vote of the Town Meeting held March 1, 1971, namely at an adjourned session thereof duly held April 5, 1971 for consideration of $4000 paid, does hereby release, abandon and forever discharge the restric' tion heretofore imposed on said lots. IN WITNESS WHEREOF, the name of the Town of Lexington has been hereto affixed, and this instrument has been executed in its name and behalf by 'A majority of the Board of Selectmen and countersigned by the Treasurer of the Town of Lexington and sealed with the Town seal this 15th day of October, 1974. Town of Lexington Countersigned By Allan F. Kenney Alfred S. Buse Louis A. Zehner Sanborn C. Brown Town Treasurer Majority of the Board of Selectmen 81. S2 Selectmen's Meeting October 15, 1974 Upon motion duly made and seconded, it was voted to certify the Cert. of character of the following who have applied for Certificate of Incor- Incorp. poration: Marlis Fahimi, 15 Peacock Farm Road, "Boston Arts Review, Inc." Anthony J. Bartolotti, 1132 Mass. Ave., "The Pro -Bus Guild, Inc." Minutes ABC Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meetings held on March 25, April 8, April 16, April 22, April 29, 1974. A notice from the Alcoholic Beverage Control Commission was read, stating that Package Goods could remain open and Motels, Restaurants and Clubs could serve during the regular hours on Election Day, Novem- ber 5, 1974. The Board agreed to inform the managers of all involved. Chairman Kenney read a request from Mr. Elliott I. Mishara for a sewer connection to service his home at 193 Grant Street. Mishara A report from Mr. McSweeney was read, stating that all of the cur- Sewer Request rent funds have been expended for the construction of sewers which had Grant St. been previously requested and approved but it is recommended that this request be included in next year's budget. There is a possibility of funds being available in the spring if the bids are low and, if so, consideration will be given to Mr. Mishara's request. The Board agreed'to inform Mr. Mishara that his request will have high priority on the list of sewer projects. Mr. Morey, Chairman, Mr. Rutherford, Mr. McEwen, and Mr. Grace of the Board of Trustees of Public Trusts met with the Board to discuss the use of trust fund appropriations for Town purposes, as requested Trustees by the Selectmen in'September.. Public Mr. Rutherford: I would suggest that if you have work to be done, Trusts notify us that you would like money for a specific purpose and we Will determine from which funds the money should be appropriated. We want to cooperate with you; we have a lot of income to be spent but we want to decide which funds are used. Chairman Kenney: We understand that you are the Trustees of Public Trusts and that is your job. We aren't trying to usurp your authority. The Board agreed to submit a letter to the Trustees outlining the procedure to be followed in requesting trust funds from them. The Trustees retired from the meeting with the understanding that they would approve hhe Board's requests foe trust funds as outlined in the minutes of September 23, 1974. Rushton Water Con- nection Request Chairman Kenney read a request from Mr. Robert K. Rushton for a water connection to service his home at 29 Marrett Street. He has been using a well but the supply has diminished; also, the Health De- partment has found traces of contamination and advised that the water should not be used. Selectmen's Meeting October 15, 1974 Chairman Kenney: This particular problem goes back to 1963 and Mr. McSweeney reports that the only solution to his problem is to have a water connection from his property to the U.S. Air Force 10" A.C. water main located with an easement on Wood Street property, a distance of approximately 250 feet. we will ask Mr. McSweeney to talk with Hanscom. The Board agreed. Upon motion duly made and seconded, it was voted to set the poll- ing hours on Election Day, November 5, 1974, from 7:00 a.m. to 8:00 p.m. State Upon motion duly made and seconded, it was voted to sigh the War- Election rant for Election Day, November 5, 1974. Chairman Kenney read a request from Mr. Herbert L. Slade,.14 Rumford Road, for an abatement of.$387.00 sewer betterment assessment Slade as he feels the cost should have been $180.00 for the connection. "If Sewer the contractor had read the Town sewer plans according to contract, Better - the sewer main would have been extended further and my connection meek would have been shorter." Assess - Chairman Kenney read a report from Mr. McSweeney stating that the ment present policy dictates that the homeowner adjacent to a sewer main pay for the cost to construct his sewer service from the main to his property line on a per -foot basis, regardless of length. Unless the Town policy is changed, there is no justification for abating the cost of the sewer service to Mr. Slade's property. Upon motion duly made and seconded, it was voted to accept the recommendation submitted by Mr. McSweeney and to inform Mr. Herbert L. Slade that the charge of $387.00,is correct. Chairman Kenney read a request from Mr. McSweeney for approval of an Extra Work Order on Contract 73-5-E, awarded to Grandview Con- Contract tracting Inc., to cover sewer extensions on Wingate Road and Sunny- 73 -5 -E - knoll Terrace, in the amount of $29,000. "These two streets are, we Extra believe, the most critical as far as health hazards go." Work Upon motion duly made and seconded, it was voted to approve Order Extra Work Order No. 1 under Contract 73-5-E for sewer extensions on No. 1 Winga4e Road and Sunnyknoll Terrace. Chairman Kenney read a request from Mr. Roger Bejian for an abatement of a sewer betterment assessment of $571.21 on his property at 17 Kimball Road. Mr. McSweeney: After the subdivision was approved, the builder put up two houses on the edge of the area; these were sewered by the contractor without permission from the Town. Upon motion duly made and seconded, it was voted to request Town Counsel to look into the matter and report back to the Boatd. Bejian Sewer Assess- ment Kimball Road Selectmen's Meeting October 15, 1974 Chairman Kenney read a request from Mr. David L. Gennaro, 108 Winter street, for deferment of sewer betterment assessment in the amount of Gennaro $1,391.14. "My home is situated approximately 800 feet from the sewer Sewer age connection on Winter Street. Due to this unusual distance, the Assessment elevation of the land is such that it is impossible for me to make use Winter St. of the system. 1 have discussed this problem with your Town Engineer and he can confirm these results. A report from Mr. McSweeney recommends that the Board defer pay- ment of Mr. Gennaro's sewer betterment. "While chances are very slim that he would ever install an 800 ft. sewer service to his present home, he could conceivably build a new home closer to the street under the right circumstances, and for that reason we feel that the betterment should stand. A deferment costs Mr. Gennaro nothing and protects the Town's interest. In no way do we recommend an abatement. Chairman Kenney informed the Board that a recommendation has been received to appoint Miss Sandra Small a member of the Cable Television CATV Committee to fill the vacancy caused by the resignation of Robert Cain, Appointment Library representative. Upon motion duly made and seconded, it was voted to appoint Miss Sandra Small a member of the Cable Television Committee as a representa- tive of the Cary Memorial Library. Bicenten- Mr. Robert Tarlin, Bicentennial Director, and Mr. Lincoln P. Cole, vial Plans Chairman of the Bicentennial Committee, met with the Board to give a progress report on Bicentennial plahs. 1. A $28,000 profit from the sale of Bicentennial coins. Money will be set aside for a permanent memorial on the Green. A subcommittee has been set up to take care of the Bicentennial booklet. Plans are being made for a Bicentennial poster contest. 2. The Police Department is working on a contingency police force. Sena- tor Kennedy and Congressman Cronin are cooperating on obtaining National:Guard assistance. 3. Fire Department details are being refined and assurance has been re- ceived of medical personnel assistance. 4. Twenty walkie-talkies are needed but, to date, only 6 to 8 have been promised. 5. Arrangements are being made for portable toilets. 6. Events are being planned, such as quilting, band concerts, Master- works Chorale. 7. Guest seating is being worked on and a final list to be submitted shortly. Selectmen's Meeting October 15, 1974 It was agreed to arrange a meeting with the Concord Board of Select- men to discuss the invitation to the President. 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 concerning the budgets, 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: ? c. Executive Clerk, Selectmen 86 Jurors Bicentennial Flag Appt's. Youth Advisory Commission DPW Tools N.E.T. & T. Company Conduit Adams St. SELECTMEN'S MEETING October 21, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday, October 21, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Battin; 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 Elin Cooper 40 Wachusett Drive Helen Baker 46 Grove Street Robert McGrory 44 Parker Street Clerk, six jurors were drawn as Bertha Quinn 5 Sylvia Street David D. O'Connell 23 Ivan Street Roger Kravett 23 Constitution Road follows: Mr. Robert Tarlin, Bicentennial Director, and Mr. Lincoln P. Cole,;Jr., Chairman of the Bicentennial Committee, met with the Board and presented the official Bicentennial flag and a certificate of official recognition' from the Massachusetts Bicentennial Commission. The Board accepted the flag and requested Mr. O'Connell to have it flown on special occasions. Mr. Christopher Anderson, Chairman sion, met with the Board to request the and Verna Frasca. Upon motion duly made and seconded, Madalyn Quinlan and Miss Verna Frasca as Commission. of the Youth Advisory Commis - appointment of Madalyn Quinlan it was voted to appoint Miss members of the Youth Advisory Mr. O'Connell informed the Board that only one bid had been received an mechanics' tools, and he recommended that it be awarded to Snap -on Tools in:the amount:of $2,908.46. This amount is withinqthe budget appro- priation. The Board agreed that Mr. O'Connell is to award the contract to Snap - on Tools. Chairman Kenney declared the hearing open on the petition of the New England Telephone and Telegraph Company for the installation of conduit on Adams Street. Notices of the hearing were sent to the abutters, as listed on the petitioner's plan, and filed with the Department of Public Works. Chairman Kenney read a letter from Mr. Coscia, DPW Manager, recom- mending that approval be granted. Selectmen's Meeting October 21, 1974 No one appearing in favor or in opposition, the hearing was closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone and Telegraph Company for the follow- ing installation of conduit: Adams Street: From M.H. 54/206, northerly to Pole 1/21 place approximately 332 feet of underground conduit, From M.H. 54/206, approximately 118 feet, southerly to Pole 1/19. Chairman Kenney declared the hearing open on the petition of the New England Telephone and Telegraph Company for the installation of conte. duit on Hartwell Avenue. Notices of the hearing were sent to the abutters, as shown on the petitioner's plan, and filed with the Department of Public Works. Chairman Kenney read a letter from Mr. Coscia, DPW Manager, recom- mending that the approval be granted to install one manhole and conduit in Hartwell Avenue to replace the existing service into Chandler Leasing. No one appearing in favor or in opposition, the hearing was closed. Upon motion duly made and seconded, it was voted to gs.ant permis- sion to the New England Telephone and Telegraph Company for the follow- ing installation: Hartwell Avenue: Between state stations .28 and 29 in front of Instrumentation Laboratories one (1) manhole., and approximately 10 feet of underground con- duit in the sidewalk area, northwesterly side. Chairman Kenney declared the hearing open on the petition of the New England Telephone and Telegraph Company and the Boston Edison Com- pany dor the installation of'one pole and removal of one pole on Allen Street. Mr. Pratt; representing the Boston Edison Company, was present. Notices of the hearing were sent to the abutters, as shown on the petitioner's plan, and filed with the Department of Public Works. Chairman Kenney read a letter from Mr. Coscia, DPW Manager, recom- mending that approval be granted to relocate pole 2/7 in Allen Street for the purpose of street construction (Pitcairn Placa) in the Minute Man Ridge Subdivision. Mr. Pratt: The existing pole is in the middle of the proposed rodd and must be moved for the development. No one appearing in favor or in opposition, the hearing was 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: Alien Street: Approximately 847 feet northeasterly, from Waltham Street, one (1) pole; also, remove one (1) pole. 87 N.E.T.&T. Conduit Hartwell Avenue N.E.T.& T. Boston Edison Company Pole - Allen St. SS N.E.T.&T Co. Boston Edison Company Concord Ave. Krebs School N.E.T.& T. Co. Boston Edison Poles Concord Avenue Selectmen's Meeting October 21, 1974 Chairman Kenney declared the hearing open on the petition of the New England Telephone and Telegraph Co. and the Boston Edison Company for the installation of one pole and the removal of one pole on Con- cord Avenue in front of Krebs School. Mr. Pratt, representing the Boston Edison Company, was present. Notices of the hearing were sent to the abutters, as shown on the petitioners' plan, and filed with the Department of Public Works. Chairman Kenney read a letter from Mr. Coscia, DPW Manager, recom- mending that approval be granted to relocate pole 94/75 in Concord Avenue for the purpose of installing underground service to the new addition to the Krebs School. Attorney Allan Green, representing the owners of Krebs School, was recorded in favor of the petition. No one else appearing in favor or in opposition, the hearing was closed. Upon motien 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. Concord Avenue: Approximately 1660 feet northerly from Waltham Street, one (1) pole; also remove one (1) pole in front of Krebs School. Chairman Kenney declared the hearing open on the petition of the New England Telephone and Telegraph Company and the Boston Edison Com- pany for the installation of three poles and two anchor guys to service 562 and 564 Concord Avenue. Mr. Pratt, representing the Boaton Edison Company, was present. Notices of the hearing were sent to the abutters, as shown on the petitioners' plan, and filed with the Department of Public Works. Chairman Kenney read a letter from Mr. Coscia, DPW Manager, recom- mending that approves be granted to install three poles and two anchor guys on Concord Avenue for the purpose of servicing 562 and 564 Concord Avenue. No one appearing in favor or in opposition, the hearing was 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: Concord Avenue: Approximately 792' from Field Road, westerly side, two (2) poles. Easterly side approximately 749' Northerly, from Field Road, one (1) pole. Anchor guys on Pole 16/563 and Pole 16/5635 89 Selectmen's Meeting October 21, 1974 Chairman Kenney read a petition from the New England Telephone and Telegraph Company for permission to install conduit on Myrna Road. Chairman Kenney.read a letter from Mr. Coscia, DPW Manager, NET&T Co. recommending that approval be granted for permission to install con- Conduit duit on Myrna Road at Adams Street; Myrna Road is an unaccepted street, Myrna Road therefore permission must be granted by the abutters. The Board agreed that the Telephone Company must receive permis- sion from the abutters. Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone and Telegraph Company for the following location: Myrna Road: Starting at a point at the intersection of Adams Street Westerly, approximately 105 feet of under- ground conduit, then northerly to Pole 219/1 approximately 35 feet of underground conduit. Mr. Cohen discussed -the Grammont sewer project on Aaron Road. Attorney Legro, representing Mr. Grammont, would like an indication from the Board that there is no objection to the project. Chairman Kenney: Mr. Grammont has said that he would pay for Grammont the sewer, so there would be no betterments. Sewer Mr. Cohen: Also, he would furnish a bond. Upon motion duly made and seconded, it was voted to approve the construction of an 8" sewer lateral from Nickerson Road to Aaron Road and in land. owned by Ronald G. Grammont and Diana H. Grammont subject to the conditions set out in the Board's letter dated May 15, 1974 and to authorize the Director of Public Works/Engineering to issue to Ronald G. Grammont or to D.G. Construction Co., Inc. a permit to open, occupy and obstruct a "Utility Easement" on plan entitled "Woodbridge Estates in Lexington, Mass.", dated June 17, 1966, Albert A. Miller & Wilbur C. Nylander, Civil Engineers and Surveyors, recorded with Middle- sex South District Registry of Deeds, Book 11275, Page 16, for the purpose of installing an 8" sewer lateral from Nickerson Road through said easement as specified in a contract dated October 8, 1974 between said Ronald G. Grammont and D.G. Construction Co., Inc., which permit shall be subject to such other terms and conditions expressly set out in permits to open or occupy streets presently issued in the Town as the Director of Public Works/Engineering deems applicable, and subject also to such other terms and conditions as the Director of Public Works/ Engineering may determine to be necessary for the protection of the Town and the public and to provide for the restoring of the easement. The Board discussed a proposal from Five Fields, Inc. for a Massa- Bicenten- chusetts Avenue Mall during the Bicentennial and agreed that they agree nial Mall with the concept but the street could not be clocked off and they would encourage Five Fields, Inc. to study the use of sidewalk areas. 90 Mailboxes Permit TMMA Forum Contract 75-13-E Traf. Sig. St. Brigid's Planning Board Counsel Elks Club Executive Session Selectmen's Meeting October 21, 1974 A letter from Dr. Eric Clarke recommended that the mailboxes be re- located at the left-hand side of the Cary Hall driveway. The Board agreed that the disadvantages outweigh the advantages because of pos- sible traffic problems. However, the Board will pursue the possibility of a left-hand mailbox in some other convenient area in the center of Town It was agreed to inform the ladies of the Pilgrim Congregational Church that the Board had no objection to a Treasure and Trinket Sale on October 23, 1974 on the church grounds. Mr. McSweeney agreed to submit information to the Board on the up- coming sewer program and Mr. Busa is to be responsible for major land acquisition material when both items are discussed at the Town Meeting scheduled for November 21 and December 12. 1 Upon motion duly made and seconded, it was voted to approve the re- quest from the Director of Public Works/Engineering to sign Contract 75-13-E for the installation of Traffic Signals at Lowell St. and East St. intersection. Chairman Kenney informed the Board that the Planning Board has voted to retain the services of Paul G. Counihan as Special Counsel to the Plan- ning Board in the St. Brigid's Housing case. Mr. Kenney: The Appropriation Committee has taken no action on our request for approval of a transfer of funds to cover this expense as they felt we now have funds in our legal account. I assured Mr. Furash that we would run out of money as our legal budget is committed. We can vote tonight with the understanding that we will approach the Appropriation Committee later on for a transfer. Upon motion duly made and seconded, it was voted to approve the action of the Planning Board in retaining the legal services of Paul G. Counihan, Esq. as Special Counsel to the Planning Board in the St. Brigid's Housing case. Upon motion duly made and seconded, it was voted to grant the request of the Elks Club to open the bar on Columbus Day at 12:00 noon. Upon motion duly made and seconded, it was voted to go into Executive Session forthe purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m. A true record, Attest: E ecutive Clerk, Selectmen 1 SELECTMEN'S MEETING October 29, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, October 29, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. Temple Scanlon, Executive Director of the Lexington Housing Authority, Mr. George Adler, Architect, and Attorney William Dailey met with the Board. Mr. Scanlon: Two years ago Town Meeting authorized the Selectmen to convey certain lots to the Housing Authority. We have acquired two houses in the Minuteman Park and we are trying to get two more. We have spoken to the Planning Board and Mr. Cohen and we ask the Select- men to consider conveying a lot on Philip Road and Lots 55 and 56 on Wood Street. There is a problem on Old Wood Street as it was rebuilt by the County Commissioners and relocated. We are going to ask the Board of Appeals if we can locate two houses near the front of the lot as there are problems -with the terrain, and we are asking the Selectmen for an Article in the Warrant to convey to us a portion of Old Wood Street. The Board agreed to inform the Board of Appeals that an Article might be inserted in the Warrant to convey a portion. of Old Wood Street to the Housing Authority if their approval is received. Chairman Kenney: What about the Philip Road? Atty. Dailey:. I don't think there is a major problem there. Chairman Kenney: We are on record as supporting you on scattered sites and carrying out the mandate of the Town Meeting vote. Should the conveyance to the Housing Authority have a long term condition that they return to the Town if the Housing Authority doesn't use the lots? Atty. Dailey: If we did use them, then that right of return would expire? Chairman Kenney: Yes. S raise the policy question that we have some -stipulation if the Housing Authority plans never come to fruition that they revert back to the Town. Atty. Dailey agreed to check with Town Counsel Cohen regarding the stipulations to be written in the conveyance deed when the matter is settled. Messrs. Scanlon, Adler and Dailey retired from the meeting. Messrs. Paul Riffin and William Spencer, Town Meeting Members Asso- ciation, met with the Board to discuss the Town Meeting Forum to be held on November 21. Major land acquisition and funding were discussed and it was agreed -that information will also be given at the Forum on Con- servation and Recreation acquisition of land. Messrs. Riffin and Spencer retired from the meeting. Housing Authority Philip Rd. Wood St. Lots Town Meeting Forum Hartwell Ave. Connector Parking Lot Selectmen.'s Meeting October 29, 1974 Messrs. Edward Elfman, State D.P.W. Project Expeditor; Richard Riccardi, State D.P.W. Assistant Environmental Engineer; George Stuopis, H.W. Lochner Inc. Project Engineer; Peter Murphy, Central Transportation Planning Staff, and members of the Planning Board met with the Select- men to discuss the feasibility of developing.a Hartwell Avenue Connector between Route 128 and Hartwell Avenue and the environmental impact on this project. Chairman Kenney: We had a meeting with Commissioner Campbell on February 3 concerning this connector, and you gentlemen were there; also. members of the Planning Board and Representative Cole. At that time, Lochner was to make an environmental study which would include the park- ing lot for the extension of the Red Line. The feeling from you was that these elements should be part of.the overall plan. There was no time given for the start or completion date, but it was concluded that it would take several years. The position of the Town of Lexington was that Hartwell Avenue would be considered on its own merits and not get tied up with other plans. Mr. Elfman: I am the expeditor for the Department of Public Works on the Hartwell project. At the end, we would hope to set a public hearing. I would inform you, that we have been working primarily on the environmental impact on a connector, the fringe parking lot, and the area in general. I would like to publicly thank Mr. McSweeney for get- ting the data and the required plans. Our corridor study is pretty much the same as we said the last time. Although the corridor alignment appears to be what we showed you a year ago, there was a lot of work done in collecting data. Mr. Stuopis and Lochner began the work last September. Under another contract, we were doing feasibility studies on the parking lot at Route 128 and the B & M was identified as a feasible site. Since that time, our project was combined into a single unit and a new contract was given us on the environmental impact on this area. Nego- tiations were completed last year but'work was not begun until March of this year. The Bureau of Planning of Transportation and Development assistance was not provided until August of this year, and the impact was finished in June. We were given some specific location controls for a connector from the D.P.W. and the Town, and we were supposed to terminate the connector opposite Hartwell Place; the other one was to interchange at Route 128. In preliminary studies, we also looked at alternates and we are evaluating three interchanges. On the Parking Lot, we wanted to create one that would draw away commuters to park near bus or train services. This particular one is next to the railroad tracks and is visible from the highway and, if a connector is built, it would be easily accessible. If the connector is not built, the parking lot would not be built. We would have a 400 to 1,000 car parking lot located on Town -owned land which stays above the elevation of 120 and stays within the limits of wetlands. We have devel- oped some hydrolic studies and we have utilized the Maguire reports. A study by Wilbur Smith shows the demand might be within 400-500 cars. We have not developed detailed plans but in the initial phases we feel it would be from 400 to 600 cars. 1 1 1 Selectmen's Meeting October 29, 1974 I should tell you that this is only an environmental assessment and, if accepted, we can go into the design stage. This particular project would require just an environmental assessment. A -connector would definitely relieve traffic on Bedford Street. The Bedford Street study, being done under TOPICS, would need improvements. There are some utility lines that need to be raised because clearance is inadequate. There are no, homes affected. In our studies, we have made some assumptions on water flow improve- ments that may take place in surrounding areas. Basically, these are the things we are studying right now and we will have a number of displays for the public meeting showing projected land uses, accidents, etc. Chairman Kenney: You make a statement that the parking lot would not be constructed without the connector. Isn't the demand contingent on what type of improvement and what kind of bus service there is? Mr. Stuopis: If there is express bus service, it would be helpful but the biggest thing would be train service. Mr. Elfman: I want to stress here that the parking lot is to cut down the number of cars going into Boston and it would help alleviate the strangulation in the core city. It is also going to relieve the traffic on Bedford Street. Mr. Costello, Planning Board: I don't see any access from Route 128 to the parking lot. I am not against it but I would like to see particu- lar access to it. Mr. Stuopis: It is almost impossible to allow access from 128. Mr. Costello: It is a fairly long distance. Mr. Stuopis: Yes. Mr. Stanley Brown, Planning Board: When we last talked, the concen- sus was for the connector.and improvements to Bedford Street were to be at the same time. Mrs. Battin: No, we wanted the connector right away. Mr. Stanley Brown: To what extent do you relate it to Bedford Street? Mr. Stuopis: To make sure that the projects would be compatible. Chairman Kenney: Our position has been that if we could get the con- nector, we could look at Bedford Street in another light. Mr. McSweeney: They were separate issues and were put together when we went into the Commissioner's meeting. Mr. Stuopis: We would like a public meeting and listen to input and check reactions of people. If views are compatible, we have a much better chance to go along with environmental assessments. If not favorable, we could still then go to a full environmental statement, which would cause a year or two delay. Mr. Bailey: If the concensus is that the connector is a good scheme as it stands there, what is the next step and time schedule for completion? Mr. Stuopis: It is difficult on a time schedule because of reviews under environmental laws. If the public accepts what we have and the federal government accepts the package as a whole, we could then go with the environmental assessment. It could be in final design probably by next summer. 93 94 Permit Wastewater Study Slope Ease. Clarke & Muzzey Sts. Bejian Sewer Betterment Kimball Rd. Selectmen's Meeting October 29, 1974 Chairman Kenney: Good. It has been the position of the Town that we have been in favor of the connector and would cooperate with any help on the project. It was agreed that an informational meeting would be held by the En- vironmental Section of the Massachusetts Department of Public Works on November 19, 1974 at 8:00 p.m. in Cary Memorial Hall on the feasibility of developing a new Connector roadway between Route 128 and Hartwell Avenue, and a Fringe Parking Facility in the Connector project area. Messrs. Elfman, Riccardi, Stuopis and Murphy retired from the meeting. Upon the recommendation of Mr. to Redbook Magazine taking pictures the understanding that arrangements ical Society for permission to take O'Connell, the Board had no objection for the Christmas, 1975 issue, with would have to be made with the Histor- pictures inside their buildings. Mr. O'Connell informed the Board that Mr. Chase, Town Engineer, at- tended a public hearing concerning wastewater studies to be made under a $2.5-$3 million appropriation. It appears that neither MAPC nor MDC is fully qualified to conduct the study, and MAPC may be selected. It would be better from Lexington's viewpoint if it were MDC as we are associated with them now. We shall keep abreast of the matter. Upon motion duly made and seconded, it was voted to approve the re- quest of Town Counsel to sign Orders of Taking for slope easements on Clarke and Muzzey Streets for the construction of sidewalks. The Board discussed the request from Mr. Roger Bejian concerning the sewer betterment assessment on his property at 17 Kimball Road. Mr. McSweeney explained that, while Mr. Bejian does have sewer and water service to his home, these services must be considered as illegal in that the Town has no "white card" permit application for them. A possible explanation may lie in the fact that this home was erroneously known as 17 Hickory Street for a while, and that permits may have been issued for 17 Hickory Street and services installed at 17 Kimball Road. As there is, in fact, a real 17 Hickory Street, the contractor doing the work must have known that he was using one permit for two homes. He, however, chose not to inform the Town. Secondly, Mr. Bejian's home was not a part of the Hickory Street sub- division, as he believes. Our plans show that twenty feet of his ninety foot frontage lies within the subdivision,: and in no way does the Depart- ment of Public Works/Engineering consider his lot as being part of the overall subdivision. A developer did build a home on the lot and sold it as being free of encumbrances, when, in fact, it was illegally serviced to Town utilities. This only came to light through Mr. Bejian's letter. Upon motion duly made and seconded, it was voted to deny Mr. Bejian's request for an abatement of a sewer betterment assessment on the property at 17 Kimball Road in the amount of $571.21. 1 1 1 Selectmen's Meeting October 29, 1974 Upon motion duly made and seconded, it was voted to approve the request of the New England Telephone Company and the Boston Edison Company for joint ownership of a pole on Lowell Street, approximately 535 feet southerly.from Fairlawn Avenue. Upon motion duly made and seconded, it was voted to approve the request from the Board of Assessors for abatement of the sewer better- ment assessment and interest for this year in the amount of $54.15 and suspend the outstanding sewer betterment balance of $402.49 on Lot 35, Assessors' Map 24, Valleyfield Street, owned by the Manfredi family. Chairman Kenney requested that the Board sign an amendment to the Traffic Rules and Orders concerning "Tow -away Zone" prohibited parking in Lexington. Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders of Lexington, adopted by the Board of Se- lectmen November 13, 1967, as follows: By adding to Article 11 (Authority and duties of Police and the Board of Selectmen), Section 7 (Towing of vehicles unlawfully parked or standing), Paragraph 4, a new sub -paragraph J, to read: (J) in a restricted area where parking is prohibited by posted signs. Chairman Kenney read a letter from Mr. Gaynor Rutherford, Trustee of Public Trusts, stating that the Trustees agree to comply with the Board's request for expenditures from various trust funds for power tools and equipment used on cemetery trees, reloam and reseed a ceme- tery, protection of the Minuteman Statue, etc. Payment will be made by the Trustees upon receipt of vouchers covering items or projects. The Board discussed the possibility of requesting the Trustees for funds to pay for the color television set for Vynebrooke Village. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts for an expenditure of $498.00 from the ap- propriate trust fund to pay for the color television set for Vynebrooke Village. Chairman Kenney read a letter from Attorney F.W.K. Smith regarding the purchase of the cannon rock lot at the intersection of Washington and Warren Streets by means of a trust fund. Chairman Kenney: There appears to be some historic validity to do this, but I am not sure. Mr. O'Connell: It is listed in the Capital budget and the Select- men can decide whether or not you want to do it. It was agreed to defer consideration of this matter until the dis- cussion of Capital budget items. .;. J/O Pole Lowell St. Fairlawn Avenue Manfredi Sewer Assessment Valleyfield Street Traffic Rules Tow -away Zones Trustees of Public Trusts Trust Fund Vynebrooke Village Cannon Rock Lot Selectmen's Meeting October 29, 1974 Mr. Kenney informed the Board that Lowell Street residents have re - Burlington quested that trees be planted on Town -owned land at the Burlington Arcade Arcade - Shopping Center. Also, we should have the Engineering Department look at Guard Rail & the problem of extending a guard rail there. Trees Mr. McSweeney: We have included the money for the guard rail in the upcoming budget. i don't believe the developer is responsible for this, and we have to do it sooner because of the safety factor. We will also consider the possibility of planting trees in that area. 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 10:00 p.m. A true record, Attest: Executive Clerk, Selectmen 9i SELECTMEN'S MEETING November 4, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November.4, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Busa and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. The Board welcomed three new Firemen, Allen Campbell, Donald Martini, New and Donald Worthington, and wished them success as new employees of the Firemen Town. Mr. Zehner, Chairman of the Town Report Committee, and award win- ners of the Municipal Photography Contest conducted by the Massachu- setts Selectmen's Association, met with the Board. The Board congratulated all present who had participated in the contest and made it possible for the Town of Lexington to receive recog- Photo- nition for outstanding achievement in the following categories: Third graphy Place in Category 1, Municipal Buildings; First and Second Place in Awards Category 11, Events of Public Interest; Second Place in Category 111, Action; First and Third Place in Category V, Candids; and Overall Best Picture of the Municipal Photography Contest. A Certificate of Award was presented to the following: Gerald Gilmore, Raymond Barnes, Robert Hickey, Diane Holzheimer, Samuel Kitrosser, and Thomas Curran. Chairman Kenney: Three silver bowls were presented to the repre- sentatives of the Town at the Massachusetts Selectmen's Annual Meeting on last Saturday, and will be on display when the Lexington Room at the Library is opened in May. The Board discussed appointments to the Town Report Committee. Upon motion duly made and seconded, it was voted to appoint the fol- Town lowing as members of the Town Report Committee: Louis A. Zehner, Chair- Report man; Edith Cheever, Harold T. Handley, Richard W. Hoover, Shirley Stolz, Comm. John E. Taylor and Hal Singley. Appts. Captain Robert Marrigan of the Lexington Minute Men, Inc. met with the Board. Captain Marrigan: During the next few weeks, we will be making a Minute concerted effort to acquaint all the people in Lexington with our plans Men for establishing the Lexington Minute Men Museum. The support of the Museum Board of Selectmen is vital to the success of our project. Funds are available from several Trusts and Foundations; however, written proof of Town support is a prerequisite for obtaining funding approval. The Charter explains, also, that citizens may donate funds. We would be pleased to have the Board of Selectmen endorse a Resolution. 98 Selectmen's Meeting November 4, 1974 Upon motion duly made and seconded, it was voted to sign the Reso- lution to endorse and support the establishment of the Sanderson House as the Lexington Minute Men Museum to serve as a permanent memorial to the Bicentennial, and that all citizens be urged to support this his- toric achievement during the 200th year of independence for the United States of America. Mr. O'Connell informed the Board that the Cary Trustees would like Cary Hall the sign for the Isaac Cary Memorial Hall to be done in 9 -inch raised Signs black letters. The signs would be made when funds are voted for the cost, which has not, as yet, been determined. There is a question of whether the standing sign in front of Cary Hall would remain. If re- moved, the appearance of the circle would be improved. The Board requested Mr. O'Connell to ask the Trustees if they felt that the sign should be removed. Members of the Recreation Committee, Daniel Busa, Chairman;_ Vincent Hayes and James Dhimos met with the Board. Chairman Kenney: As agreed last year,we would like to Ago over your capital budget requests with you. You are requesting a total of $155,000; Recreation Ball Field Lighting -$35,000; Old Res Bathhouse and Fence -$55,000; Bike Capital Path Program -$7,000; 4 Tennis Courts -$50,000; Neighborhood Playground Im- Budget provement-$3,000; Riding Ring and Bocce Court -$5,000. Mr. Daniel Busa: Let's not talk figures but talk about the need. We have met five times since I have been Chairman to try and evaluate the programs for the need and why the need is more this year than last year. Ball Field Ball field lighting: We are aware of the energy crisis and under - Lighting stand it was a bad time because of this but, because of pressure from the softball players for the need, we would light one field and we will live under that particular expenditure. Chairman Kenney: What is your season and how often do you use them? Mr. Daniel Busa: It says "ball field lighting" and takes in quite a scope - Pop Warner, girls' field hockey, soccer, etc. and, as you know, we have four lighted courts for tennis. It isnot only for softball but could serve a lot of areas that could be lit. We have Pop Warner in the fall and, at this time of year, lighting could be essential for this pro- gram. Chairman Kenney: They (Pop Warner) are now going to the Air Base? Mr. Hayes: We utilized the field to capacity. Mr. Daniel Busa: On each one of our particular items, we plan to follow up with specifics and reports. Mk. Dhimos: I would expand by saying that, unfortunately, this has been listed as softball lighting and that is incorrect in a sense. We will call this area lighting of the complex that is bounded by Worthen Road and Park Drive. We would like to see the entire complex with light- ing for football and all other activities. We have the Little League and the softball program from May through August. If the fields were to be lighted, hopefully the program would be expanded by another 20 teams. 1 1 99 Selectmen's Meeting November 4, 1974 Chairman Kenney: Are they all Lexington teams? Mr. Dhimos: Not all of them but the requirement is a team con- nected with Lexington, such as Rowe Chevrolet team. The whole area could be utilized for baseball programs for boys and girls, by the American Legion, Inner City Industrial League, Minute Men League. The entire program would serve about 1200 people over a 2 -year period after we get the other area lighted. Mr. Hayes: Another aspect is that you are getting into another age group in softball. Mr. Daniel Busa: To elaborate further, there has been high school use for practice; this is also a need. The end result could be func- tional to the high school. Chairman Kenney: You are assuring the Town that the area would be used. Mr. Daniel Busa: There is no question. We have surveyed other towns that have been lighted for 20 years. Chairman Kenney: The next item is the Old Res Bathhouse for Old Res $45,000 and fencing for $10,000. Bathhouse Mr. Daniel Busa: This was initially put in the Town budget 5 years ago and put out for bid and design for thebathhouse was $15,000. The longer we put it off, the more it will cost. With the number of people swimming there, there would be unsanitary conditions. Chairman Kenney: How many thousands go there? Mr. Daniel Busa: 11,249 used it. Chairman Kenney: The program is well received by the Town and the time is coming when, ultimately, we will have to do it. Mr. O'Connell: We have $2,000 a year in the operating budget for temporary arrangements; we are operating at the tolerance rate. Chairman Kenney: You have listed a backstop at Garfield Court.. Play - Mr. Daniel Busa: The area is in need of a backstop, and others grounds also. We don't want to be locked into just Garfield as there are others in Town for just a neighborhood need. Mr. Hayes: We established these play areas and loam and seem them; as the need comes up, we get petitions for basketball courts. Chairman Kenney: On Town bike trails, we appropriate $5,000 each Bike year to continue the program to complete 10 miles and get areas con- Trails nected. We have the Town working in Willards Woods to finish off that bike path. We are trying to look at the situation between Town bike trails and motor bike trails. There is one, now, at the present dump site. Mr. Brown: I thought the bike trails were there, but not for motor bikes. Mr. Daniel Busa: There are particular ones listed for motor bikes. They will not run motor bikes on a regular bike trail. We might put up signs now or in the spring. Chairman Kenney: Is there any particular reason why you want from $5,000 to $7,000? Mr. Daniel Busa: Only because we had the new bike path along with the motor bike trail. 100 Selectmen's Meeting November 4, 1974 Tennis Chairman Kenney: What about the request for four tennis courts? Courts Mr. Daniel Busa: We have a need for practice boards, especially in the center. We feel there are areas in the Town for tennis courts - Diamond Junior High was recommended. As you know, the need for tennis courts is essential for towns, and we are average as far as population. There were no questions on tennis courts. Chairman Kenney: For new projects, you are requesting $5,000. Mr. Daniel Busa: Our committee has often discussed what recrea- tion really is, and it is for the entire Town. There are areas in Town where people own horses, and we have groups asking for horse rings Riding Ring for horse shows. There is a need where people should go into a parti- Bocce Court, cular area. A horse ring is not an expensive item. We could have one at Willards Woods, Harrington School, and we have thought of the former Hennessey property. Harrington would be good. Also, we have literature on bocce courts. Of the $5,000, it would be $3,000 for bocce court and $2,000 for a riding ring. Mr. O'Connell: These figures are quite preliminary. Mr. Hayes: Several years ago, we presented a program for the Har- rington School area. I believe the base is all laid for that area. Mr. O'Connell: Regarding the tennis courts, $50,000 provides for practice bangboards. There is a possibility we will have money left out of the $31,000; if so, this figure becomes somewhere between $45,000- $50,000. Mr. Daniel Busa: To update you, we have joined with the Planning Board in the survey money for recreation. They are meeting to carry forth in the Town on recreational programs. The Selectmen should be aware that three members of our committee and three members of the Planning Board are going to meet to go over it. Has there been any discussion on the recreational center (Ralph Lord's proposal)? Chairman Kenney: We haven't taken any position as it appeared to be an expensive program. The way we look at budgets this year and in past years, I don't think we could give it consideration. We would love to have it but, in terms of priorities, that sets it back a bit. Mr. Daniel Busa: .Is there anything to take back to my committee? Chairman Kenney: Nothing specific. We did want to afford you the mutual opportunity of giving additional input before we went into the initial capital budget slicing. Mr. Daniel Busa: The Recreation Committee feels strongly that we would like to work closely with the Selectmen. Chairman Kenney: It is the consensus of the Selectmen that a capi- tal expenditure of $155,000 is unsatisfactory. If possible, you may be able to catch up in some areas. Mrs. Battin: Have you looked into the possibility of using the facilities of the Minute Man School? Mr. Daniel Busa: We will look into it. Messrs. Busa, Hayes and Dhimos retired from the meeting. Selectmen's Meeting November 4, 1974 Mr. Cohen discussed the St. Brigid's housing proposal. Last week, my associate was called by Paul Counihal as to whether or not we would be willing to consent to the Planning Board intervening. I said I would have to discuss it with my client, the Board of Appeals. I polled them and the Board of Appeals unanimously said that I should not consent. Chairman Kenney: What would your normal procedure be? Mr. Cohen: Normally you are representing a client and if they wanted to intervene you would not consent to it. Mrs. Battin: What happens now? It will go to the Judge? Mr. Cohen: He will make a motion to intervene. If we consent, he would make a motion for the other side. Mrs. Battin: We aren't the other side. Chairman Kenney: The Selectmen voted to instruct Town Counsel to represent the Board of Appeals and, if they won't consent, the attorney for the Planning Board has ample opportunity to present his motion to the Judge. Mr. Cohen agreed. Upon motion duly made and seconded, it was voted to approve the re- quest from Secretary Davoren to certify the character of Levi Burnell, Jr., Logan Clarke, Jr., Chester C. Duval, Rudolph J. Fobert, Albert W. Hruby, and Anne R. Scigliano, who have applied for a Certificate of In- corporation to be known as "Vernon C. Page Memorial Fund, Inc." Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on Wingate Road, from Leeland Terrace 340 feet, more or less. Upon motion duly made' and seconded, it was voted to sign the Order of Sewer Taking on Sunny Knoll Terrace from existing sewer to #3, #5, #8, #10 Wingate Rd. Chairman Kenney read a request from James J. Gordon Inc., Movers, Hingham, Mass. to move the Hancock -Clarke House across Hancock Street on November 16, 1974. The move would require closing Hancock Street, in the area of #35 -Hancock Street, from 8:00 a.m. to 4:30 p.m. on this day. Mr. Brown: Would we lose any trees? Chairman Kenney: One was cut down and there would be no others. Mr. McSweeney came into the meeting. Mr. McSweeney: We had a hearing on the one tree and there will be some high trimming on others. The street will be closed during the move and the Police will set up recommended detours. Otis Brown, Chief Corr and I will meet again to discuss the streets to be shut off. Itis my understanding that Time Magazine will have full cover- age on the move. Upon motion duly made and seconded, it was voted to grant permis- sion to James J. Gordon Inc. to move the Hancock -Clarke house across 10' _ St. Brigid's Vernon Page Incorp. Sewer Con. Orders Wingate Rd. Sunny Knoll Terrace Hancock Clarke Move 1O2 Selectmen's Meeting November 4, 1974 Hancock Street on November 16, 1974 during the hours of 8:00 a.m. to 4:30 p.m., subject to the conditions that the move be made under the direct supervision of the Director of Public Works/Engineering and with the cooperation of Police Chief Corr. Contract Upon motion duly made and seconded, it was voted to approve the 75-5-E request of Mr. McSweeney to sign Contract 75-5-E, awarded on October Clarke & 15, 1974 to Santorelli Construction, Inc. for sidewalk construction, Muzzey Sts. $59,986.50. Theatre Upon motion duly made and secondet, it was voted to sign the Licenses Weekday and Sunday licenses for the Lexmil Theatre, Inc. d/b/a Cinema Cinema II II, located at 10 Muzzey Street. Also, to sign the application to the State for approval of the State Sunday License. The Board discussed Flood Insurance. Flood Mr. O'Connell: Since we last reviewed it, the Army Corps of Insurance Engineers has reviewed it. The danger isn't any greater now than be- fore. There are almost no buildings that exist in the areas shown, "spring flooding of the brooks." The federal government is putting stress on and would deny monies so we may be forced to "qualify." It is quite improbable that anyone would want to build a building in the areas shown. Conservation is seeking easements along the brooks. The Board agreed to request further information from the Plan- ning Director. The Board discussed the island at Village Circle. Chairman Kenney: We met with the Planning Board and, at that time, there was an initial estimate of $10,000 to rectify the matter. Village The Board agreed with the Planning Board that we would support an Circle Article for the 1975 Town Meeting. Mr. Buse: I agree that we would support it to some extent but I want to see to what extent they upgrade that island. There are others owned by the Town. We should clean it up but I don't think we should make any major project out of it. Mr. McSweeney: This is one of the first to be considered and I think the issue should be settled with the developer. If we do this one, there are a number of them in Town. We can talk with the devel- oper and come back with more positive information. Chairman Kenney: Mr. Briggs' memo gives an estimate of $7,230. Mr. O'Connell: I believe Mr. Briggs' estimate was based on a complaint of a property owner of the possibility of a child drowning. The real hazard is the brook behind the property. Mrs. Battin: I think that person hoped that money would be waived for a sidewalk and could be used for the circle. We have to rectify the situation and I would urge that the developer participate. Selectmen's Meeting November 4, 1974 Mr. Busa:_ Once you get into the neighborhood and ask what they want, you can get it up to $50,000. Chairman Kenney: We will ask for minimal improvements. We will ask the Planning Board to do some additional work on it. Meanwhile, the Article spot is there. Mr. Busa reported on the progress of the Trash Committee -to col- lect and recycle newspapers. Four Churches and two Temples will parti- cipate in a weekly collection and, at some place in Town, there will be a collection each week. There will be a dumpster and a trailer each Trash weekend and we have to find out whether Miller and Shaeffer disposal Companies companies are willing to participate. in this type of program. If so, the first collection of newspapers would be up during the second week of December. Chairman Kenney: Good. Will it cost us anything? Mr. Busa: I don't think it will; the money will go to the Church or Temple and the disposal companies that hawl it away. Mr. Brown: This is a substitute for paper at the dump? Mr. Busa: No, in conjunction with. Mr. Brown: Does this include glass? Mr. Busa: No, this is a pilot program. Chairman Kenney: You are attempting to see citizens' participa- tion in terms of tonnage? Mr. Busa: Yes. If it doesn't work out, one of the collection trucks would go from street -to street one day a week. If 80% partici- pation, we could save 40% of the newspapers going into the sanitary landfill. 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, ifmade 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 and resume the open meeting. Mr. Cohen retired from the meeting. The Board discussed the Capital Budget requests, as submitted by Mr. O'Connell, and agreed to carry, on a preliminary basis, $1,684.000. Capital Budgets Trunk sewers and sewer laterals -$650,000; Trunk Sewers: Concord Avenue from Waltham Street about 1800 feet through Lexington Conser- vation Land to Concord Avenue, to service homes on Concord Avenue be- tween Blossom Street and Waltham Street. Moon Hill Road from existing sewer in Mason Street about 1730 feet through private land to Moon Hill Road to sewer part of the Moon Hill Area. 104 Selectmen's Meeting November 4, 1974 Water Mains -$25,000; Storm Drains -$50,000; Master Drainage Studies- and Sewer System Inflow Study -$25,000.. Improvement of Public Property and Ways -$246,000 Street and Sidewalk Construction -$175,000; Chapter 90 Street Construction and Maintenance -$66,000; Curbing -$5,000. Equipment -$207,000. DPW Road Machinery -$200,000; Fire Department Ambulance Rescue -$5,000; Police Special Service Vehicle -$2,000. Technical Services -$21,000. Community Development Studies -$10,000; Mosquito Control Services -$11,000. Buildings -$50,000 is recommendation of Town Manager. Land Acquisition and Development -$250,000 is recom- mendation of the Town Manager. (Board agreed not to sup- port Cannon Hill.) Recreation -$132,000. Ball Field lighting -$35,000; Old Res Bathhouse/Fence-$55,000. Bike Path Program -Riding Ring - 4 Tennis Courts. (Mr. McSweeney is to discuss the cost of tennis courts with the Recreation Committee.) Board agreed not to support bocce courts. $750,000 $246,000 $207,000 $ 21,000 $ 50,000 $250,000 $132,000 Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m. A true record, Attest: Executive Clerk, Selectmen 299 SELECTMEN S MEETING November 5, 1973 A regular meeting of the Board of Selectmen was held in the -Select- men's Meeting Room, Town Office Building, on Monday, November 5, 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; Mr. Coscia, DPW Manager of Operations; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney read a request from the Director of Public Works/ Engineering to add to Contract 72-5-E a 200 ft. sewer extension on Lowell Street at East Street. The estimated cost of this extension. is $6,000; this estimate does not include ledge, which would be $2,000 extra. Betterments will be assessed for $780.85 for House No. 529 Sewer Lowell Street; all other properties are previously assessed. Contract Mr. Bailey: Where is the money coming from? Is it left over from 72-5-E the appropriation? Mr. Coscia: Yes. Upon motion duly made and seconded, it was voted to approve the request of the Director of Public Works/Engineering to add a 200 ft. sewer extension on Lowell Street at East Street to Contract 72-5-E for sanitary sewer construction. - Chairman Kenney read a request from the Traffic Committee to make application to the State Department of Public Works for stop signs. Upon motion duly made and seconded, it was voted to authorize the Stop Signs Chairman to sign the application to the State Department of Public Works for approval of stop signs at the following locations: Bridge Street Northwesterly Marrett Road (Rte. 2A) and Spring Street Spring Street Northeasterly Marrett Road (Rte. 2A) and Bridge Street Middle Street Southwesterly Lincoln Street Mr. O'Connell informed the Board that a new law goes into effect in December covering the operation of bicycles. Some of the provisions are that bicyclists may ride on all streets and roads in the state except posted limited access highways and expressways. They are required to ride single file with the flow of traffic, obey all traffic signs and Bicycles signals, give hand signals for making turns, yield the right of way to pedestrians and give an audible warning (with bell, horn or voice) when necessary. Outside business districts, bicycles may be ridden on side- walks where there are no bike paths. Violators of the road rules and equipment provisions may be fined up to $20. Police can give either a warning, a non -criminal ticket similar to a parking ticket, which can be paid by mail, or a court summons. If the violator is under 18, the bicy- cle can be impounded for 15 days. 300 Selectmen's Meeting November 5, 1973 Mr. O'Connell: Obviously, this will call for a change in the Police safety program; they will have to crank this in and end up with the in- evitable enforcement requirements. It is my suggestion to use the pro- posed revision in the General By -Laws to forbid them from Meriam Street down to the Boston Edison Building; also, to provide some means of parking bicycles. If the Board concurs, we can go forward with the Traffic Committee to effect these changes. The law now authorizes the use of coin meters for bicycles but I would recommend it as it would add to the problems. We could make these revisions applicable to _the April 19 parade for the purpose of eliminating bicycles from the problem areas. Chairman Kenney: We will reserve a space for an Article in the Warrant, and we will expect a recommendation from the Traffic Committee regarding the changes in the By-laws. Mr. O'Connell: We could also amend the hawkers' and peddlers' rules concerning vehicles making sales on Massachusetts Avenue from the Arling- ton line to the Lincoln line "nor within a distance of 200 feet of Massa- chusetts Avenue." Mr. Brown: It seems to me there is a problem unless all the traffic laws concerning bicycles are clarified. Lexington strips its roads with a solid line and that would be a safe place for bicycles, but it needs to be made clear that automobiles are not allowed to cross that solid white line Mr. 0.Connell: If the road is wide enough. The Board agreed. Mr. O'Connell informed the Board that $16,568,293.08 had been col- lected for real estate taxes by Mrs. Barclay, Tax Collector, who has done an outstanding job; the money was collected during October but the greatest volume came during the last two days. The Town was able to pay Real Estate off our tax anticipation loan on November 2 and, within 24 hours, it Taxes was possible for Mr. Zehner, Treasurer, to invest $1.5 million, which will yield the Town $9,000;. $500,000 is being held for the County tax. The law forbids a Town from investing any tax revenue if there are any tax anticipation loans outstanding. Therefore, we are now in the investor's status for a short period of time. The Board members asked Mr. O'Connell to convey their appreciation to Mr. Zehner and Mrs. Barclay and her staff. Mr. Cohen recommended that a notice be inserted in the November 8 Lexington issue of the Lexington Minuteman that at the Selectmen's Meeting to be Housing held on November 19, 1973, the Board of Selectmen and remaining members Authority of the Lexington Housing Authority will vote by ballot to fill a vacancy Vacancy on the Lexington Housing Authority. (The vacancy was caused by the resignation of Temple E. Scanlon.) The Board agreed to insert the notice and to notify the remaining members of the Lexington Housing Authority. 301 Selectmen's Meeting November 5, 1973 Mr. Cohen requested the Board to sign the order of taking of sewer easements off Woburn Street. Sewer Ease Upon motion duly made and seconded, it was voted to sign the order ments off of taking of sewer easements off Woburn Street. Woburn St. Chairman Kenney read a letter from Mr. G. Robert Melber, 97 North Street, regarding the intersection of North and Adam Streets. He re- quests that steps be taken to provide adequate warning to motorists approaching this blind corner as two cars were literally demolished last week. Two signs could be placed in each direction of travel and wide yellow caution bands could be painted across each of the roads at the top of each hill approaching the corner, or'blinking caution lights could be installed. After discussion, the Board agreed to request the recommendations of the Traffic Committee, and to inform Mr. Melber that the Board essentially agrees with him regarding the seriousness of the situation but would point out that the accident he referred to was caused by one driver travelling at an excessive speed and failed to stop at the Stop Traffic sign. Whatever improvements are made here will be of little value in North and this type of accident. Also; the Selectmen attempted several years ago Adams Sts. to reconstruct the section of Adams Street from East Street to the Burlington line. However, principally due to local neighborhood objec-- tion, this proposal was defeated by Town Meeting. Upon motion duly made and seconded, it was voted to refer Mr. Melber's requests to the Traffic Safety Committee for recommendations. Chairman Kenney read a recommendation from the Board of Retire- ment that Mrs. Marion H. Glenn, widow of former firefighter George W. Glenn Glenn, be granted an annuity of $2,000 starting November 1, 1973. Annuity Upon motion duly made and seconded, it was voted to accept the recommendation of the Board of Retirement to grant Mrs. Marion H. Glenn a $2,000 annuity starting November 1, 1973, under the appropria- tion in the Non -Contributory Pension Fund, Account Number 7825. Chairman Kenney read a request from Big W. Trans., Ashland, for a license to travel over Route 128 from the Waltham to the`Burlington Town line. Big W Upon motion duly made and seconded, it was voted to issue a Trans. license to Big W Trans. to travel over Route 128 from Waltham to the License Burlington Town line with the stipulation that no stops are allowed. Upon motion duly made and seconded, it was voted to certify the character of Juan C. Ryan and Leonor Ryan, 74 Blossomtrest Street, Cert. of who have applied to Secretary Davoren for a Certificate of Incorpora- Incorp. tion "Club Latino American Inc." 302 Selectmen's Meeting November 5, 1974 Chairman Kenney read a letter from Mrs. Lester A. Duncklee of Mystic, Connecticut, asking if the Board would like to have a picture of the Lexington residents portraying the Rebel Army which Duncklee was taken during the 1925 Pageant. Gift Chairman Kenney: Mr. Zehner would like to use the picture in the next Town Report. Upon motion duly made and seconded, it was voted to accept the gift from Mrs. Lester A. Duncklee of a picture of the Rebel Army taken during the 1925 Pageant. Mr. Bailey: It would be appropriate to petition the Library Trustees to vote to accept it for display in the Lexington Room. The Board agreed. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting 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. Police Chief Corr and the Appropriation Committee met with the Board. Chairman Kenney: At the end of the last. Town. Meeting, it was agreed, for the benefit of the Appropriation Committee and the Select- men, to request Chief Corr to give the overall picture of his depart- ment and estimates for the next five or sixyears. Chief Corr: There are presently 49 officers although the author - Police ized strength is for 51. My recommendation for 1974 is that there be Department 56 officers and by 1990 there will be a need for 65 men. Until the Civil Service Act was changed in 1966 to allow local communities to . hire police officers from outside the Town, it was difficult to hire men for police duty because there was no one in Lexington who wanted to work for $125 a week. Rep. Cole introduced a bill to end that, and the next year Lexington was able to hire 9 police officers from Somerville. Since then, I have been coming to both Boards to ask for more police officers. Chief Corr explained detailed charts showing that Investigation - Complaints and Reports had increased from 3500 in 1962 to 8000 in 1972. For the most part, these are calls received at the switchboard which must be investigated. Serious offenses known to the police increased from 361 in 1961 to 1121 in 1972; by the end of 1973, these could total up to 1250.. Arrests, including summons, increased from 500 in 1955 to between 6000 to 7000. Fines increased from $4300 in 1955 to $65,000 in 1972; most of the money goes to the County Court and only about 10 percent comes back to the Town. Housebreaks increased from 303 3:. Selectmen's Meeting November 5, 1973 100 in 1961 to 350 in 1972; 85 percent of these are committed by out- siders and 15 percent by Town youngsters from 13 to 18 years old. Auto thefts increased from 40 in 1961 to 120 in 1972. Value of property stolen increased from $50,000 in 1962 to $500,000, and the value of property recovered is $200,000 per year. Accidents have increased from 400 to 1100 in the last 15 years, and 20 percent of these occur on Route 128. From 1957 to 1967, there was no change and then we put on 9 men from Somerville. We have not put anybody on since 1967, with.two excep- tions,as a result of 4 and 2; last year, we put on one police officer. Our current authorized strength is 51 men. We have 3 provisional men, 2 of which we hope to keep. In 1965, I became Chief and in 1966 I sub- mitted a master plan on coverage which was the absolute minimum for Lexington. We have 4 one-man cruisers in the four sections of Town plus 1 two-man cruiser plus a Patrol Supervisor. On coverage, we have 1 Com- manding Officer, 1 Desk Officer, 1 Center officer, 4 one-man cruisers, I two-man cruiser, 1 Patrol Supervisor, 1 Detective, plus 1 Civilian Dis- patcher; a total of 11. Civilian Positions: 4 Clerical, 2 Dispatchers, 1 Mechanic who is also on meters, 6 Police Cadets - 3 actually as there is a full complement only during the summer. Mr. Bailey: Do you stretch the use of civilian personnel as far as you can? Chief Corr: Yes. Mr. Furash: From the way you are currently operating, where are the five men needed? Chief Corr: If we get the five men, we need them during vacations and for cruiser coverage and if the men are out sick. .We have two men at the District Court, two at the schools, and a photographer .and devel- oper of film during the daytime. Mr. Mitchell: Could the photographer be a civilian? Chief Corr: I looked into it and it would cost just as much as a full time officer, and maybe more so; we don't think we would be getting the full use of him. Mr. White: To what extent could you use more cadets? Chief Corr: I felt if I asked for police officers and cadets, it wouldn't go through, so I ask for officers to perform the law. A cadet is in the learning process and is not supposed to be used as a full time police officer. They fill in on surveys, school crossings, etc. and I would like to see the program expanded in future years. Mr. O'Connell: Explain the problem. Chief Corr: Twenty years ago, Civil Service said you had to pick residents but the Lexington community has college graduates, lawyers, etc. We should be able to entice citizens and convince Town Meeting and the Board to go into a cadet program and at the end of five years when they have received a degree in criminology they would want to come and work for us. With the six we have now, who are residents of the Town, we have a waiting list of approximately nine more. We have the 304 Selectmen's Meeting November 5, 1974 cadet with us for five years, and because of Civil Service and it pro- cedures, we are unable to tap them. If a police cadet went in and took the open examination at this time, he would come out 7 or 8 on the list and the only way we can pick him is over a period of time when the list expires. Legislation passed last year which said if a resi- dent took the exam, if he was a resident for one year he would go to the top of the list. The Attorney General said it was unconstitutional. With the population at 33,000 in 1973, it is estimated to be 48,000 in 1990. In 1973, our authorized figure is for 51 police officers; in .1974, we recommend 56; in 1990, it is estimated we will need 65. By giving us the proper amount.of additional manpower, I do feel we would have coverage for our shifts. Chairman Kenney: What is the effect on your work load as the re- sult of drugs and the 18 year old being able to drink? Chief Corr: They have increased tremendously in drugs, and our problems have increased 500 percent since they have been allowed to drink at 18; also, they are going to the recreation areas. The Board thanked. Chief Corr for his presentation and he and the appropriation Committee retired from the meeting. Mr. Donald Glennon, Veterans' Agent, met with the Board to request approval of a veterans' memorial plaque, dedicated to the men and women of Lexington, at a cost of approximately $650. Chairman Kenney: It is to be understood that names of individuals Veterans' are not to be inscribed. The price of $650 for a Vermont granite Memorial memorial is within the appropriation approved under Account 7150 - Veter- ans' Benefits.. Mr. Glennon: There are several proposed locations and after approval of the Selectmen, we would have to go -before the Historic Districts Com- mission. Upon motion duly made and seconded, it was voted to approve the ex- penditure of $650 for a Veterans' Memorial Plaque, and to take the necessary steps to place the plaque at the base of the flagpole located on the lawn at Cary Memorial Hall. 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 10:45 p.m. A true record, Attest: Executive Clerk, Selectmen SELECTMEN'S MEETING November 11, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November 11, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey and Brown, Mrs. Battin, Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; and Mrs. McCurdy, Executive Clerk, were present. Mr. Donald K. Irwin, Building Commissioner, met with the Board and was presented a Certificate of Merit for his participation in the Municipal Building Officials Conference at the University of Massa- chusetts. Chairman Kenney, on behalf of the Board, thanked Mr. Irwin for his outstanding interest in his profession and for attending this conference annually. Mr. O'Connell said that what Mr. Irwin is participating in is a good example of what we are going to have to do on continuing educa- tion and specialized training of our building inspectors since the shift from the local building code to the mandatory code, which is effective January 1, 1975. There will be added work at the local level by inspection of every church, school, and theatre, etc. This was•formerly done by the State Commissioner of Public Safety staff. Mr. Irwin added that one of the major things on the take-over by local government is monthly inspections of apartment complexes, con- dominiums, and nursing homes. The new codes will add tremendously to our workload. Mr. Irwin thanked the Board and retired from the meeting. Chairman Kenney read a request from the Town Clerk to certify the number of votes for candidates and ballot questions on election Certifica- day. tion of Upon motion duly made and seconded, it was voted to sigh the Votes certificates for the Clerk of Courts for the number of votes for can- didates and ballot questions on November 5, 1974. Building Commissioner The Board discussed the date of the closing of the Warrant for the 1975 Annual Town Meeting. 1975 Upon motion duly made and seconded, it was voted to close the Annual Warrant for the 1975 Annual Town Meeting for the submission of Arti- Town Meeting cles on Friday, December 27, 1974, at 4:30 p.m. Upon motion duly made and seconded, it was voted to insert the Articles on January 6, 1975. Later in the meeting, the Board discussed the date for the Town Meeting with the Appropriation Committee. March 10 was mentioned but the Board finally agreed to Monday, March 17, 1975. 1.06 Selectmen's Meeting November 11, 1974 Upon motion duly made and seconded, it was voted to call the Annual Town Election on Monday, March 3, 1975, with polling hours of 7:00 a.m. to 8:00 p.m. Upon motion duly made and seconded, it was voted to call the Annual Town Meeting on Monday, March 17, 1975, at 8:00 p.m. in Cary Memorial Hall. Mr. Louis A. Zehner, Town Report Chairman, and the Appropriation Committee met with the Board to discuss a request for a transfer for Town Report printing the 1974 Annual Town Report. Transfer Mr. Zehner: Last year, the cost for printing the Town Report was Request $6,800, which figures out to a little less than 68 cents a copy. The budget for this upcoming year is $7,000. There have been some signifi- cant increases in the cost of paper, and last summer I requested a ballpark figure from the printer. I was told 20 percent, and this would bring it up, roughly, to $8,100. The Selectmen and the Town Manager tell me there would be 28 more pages in the upcoming report for print- ing election returns and a schedule of Town receipts. I had asked for professional help for design and layout and this would have been $2,600 but after we won so many awards in the Massachusetts Selectmen's photo- graphy Contest I would like to keep it on the basis of community parti- cipation. So we will rule out the $2,600. This afternoon, 1 got a figure of $7,905, but this is not a firm figure so 1 would round it out to $8,500. There is no figure in there for contingencies. Therefore, I request that the $7,000 figure in the budget be increased to $8,500. Chairman Kenney: The Board and the Townspeople are very appre- ciative of Mr. Zehner's decision to serve again this year as Chairman of the Town Report Committee. When Town Meeting approved $7,000 last year, they generally approved the type of report we have been putting out, and to do that, it would take $1,500 more. If the Appropriation Committee feels it should be cut, it would be more appropriate to do it at the next Town Meeting. Mr. Zehner has our strong support. Mr. White: Of the $1,500, what is representative of the extra pages? Mr. Zehner: About $400. Mr. Mitchell: Have you considered smaller print for statistics? Mr. Zehner: We might be able to reduce it. Chairman Kenney: We want to point out that these extra pages are not something that is unusual. Also, as Mr. Zehner said, this is a community based effort from all aspects; the Boy Scouts help us by dis- tributing them. Mr. O'Connell: Printing and related costs are in Account 1760, and there is no money in there for "people power." I endorse the con- cept of community participation but there is the complicating factor of sickness, vacations, etc. and I would recommend a backup plan that Mr. Zehner designate a person available for, and assisting him, layout and design, and that person be employed as part-time and temporary at $1,000. I would feel uneasy if we had no way of a backup. Mr. Blaisdell: What is the minimum requirement of the State for the Town Report? 1 1 107 Selectmen's Meeting November 11, 1974 Mr. Zehner: According to State law, there must be an annual report from the Selectmen, School Committee, a list of jurors, and a report from the Town Accountant. Our By -Laws require it from each department and committee. Mr. White: Would you be asking for that $1,000 from the Reserve Fund? Mr. O'Connell:. Yes, but I am just alerting you"at this time. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from the Reserve Fund to Account 1760 -Town Report in the amount of $1,500. Mr. Richard M. Perry, Town Comptroller; members of the Appropria- tion Committee; Mr. John Butler, Chairman, and Mr. Nicholas LaFauci Comptroller of the Personnel Advisory Board;"Mr. Neil Chapman, Personnel Consul- Personnel tant, met with_theBoard to discuss additional personnel requirements. Requirements Mr. Perry: We have three employees in the Assessors' Office, six in the Comptroller's Office, and we are funded for four and a part-time person from the Clerical Pool, for the Treasurer's and Tax Collector's Office. Last year, I made the same request for an addi- tional full time person directly in this financial area. We have the definite need, and should have the ability to share this person in the offices I mentioned. With the 6 -months personal and property tax bills, there is an increased workload in the Collector's office; especially if a person hasn't paid the first half, then we have to add'the amount on the next bill. Also, some people pay the entire bill, instead of just half of it. It is a proven factor that as we get money into the bank, it can be invested and, by doing that quickly, we feel we can more than pay for this additional clerk. This additional -person would help in these areas and, additionally, could be used in the Comptroller's office to get out W-2 forms and also assist in getting out the motor vehicle excise bilis. As I said last year, the work in the Comptrol- lers office is increasing regarding Retirement work; I now borrow two people and the time is near for a full time person. We have 750-800 people and the retirement system should have a full time person. In review, with the payroll going to bi-weekly, it allowed us to pickup a workload. We have six collective bargaining units for dues deductions. We have gone outside (computer) on the real estate tax bills and we use that person in the Assessors' office to do other things. The semi-annual tax billing is the crunch of the workload in the Assessors' office. In that area and sharing a person in the Treasurer's office, and keeping our dollars working for us by getting them into the bank, would more than offset the cost of this additional clerk. Mr. O'Connell: I would emphasize that when he talks:about finan- cial areas, he talks about the Collector, Assessors, Retirement, and the Comptroller. Not only do the motor vehicle excise tax bilis create a problem by being late, and then coming in large waves, but the high content of incorrect bills is adding substantial work for the Tax Collec- tor and Assessors' offices. Another thing is the forecast that the per- sonnel system will involve systematizing and will create work. pus M.B.T.A. Senior Citi- zens passes Selectmen's Meeting November 11, 1974 Chairman Kenney to Mr. Perry: You mention that an additional person would enable us to invest our funds faster. Mr. Perry: Yes. Now, Mr. Zehner has to wait longer because we don't have enough people to process quickly. He doesn't know how much money is needed for warrants; if he doesn't need additional funds, then he could invest them. Mr. O'Connell: Two days interest on $1 million would pay the salary of an employee for a month. Also, there is work to be done when checks come in as they not only include excise taxes but better- ments. Mr. White: What is now suffering? Mr. Perry: We are.borrowing a person under E.E.A. Mr. O'Connell: We are currently using federal money; Congress authorized spending it until March 1. Mr. Mitchell: What should the main area be? Mr. Perry: I would suggest that it be disbursed to the Comp- troller's office and then out from there. Mr. Butler: A comment on periodic overtime - I assume that wouldn't help you? Mr. O'Connell: The period is too long; it is weeks, not days. Employees with families would not be available for overtime after 5:30 p.m. Mr. White: At what level would it be? Mr., O'Connell: S-3 or S-5, or a little bit above. Chairman Kenney: You are saying that you have thirteen and an E.E.A. person, and you would end up with the same number? Mr. Perry: Yes. Mrs. Battin: Could we use C.E.T.A. (Comprehensive Employment Training Act) instead of E.E.A.? Mr. O'Connell: If, and when, we get the money, we could have an appropriate person. Chairman Kenney thanked Mr. Perry for his presentation. Mr. Perry, the Appropriation Committee, Mr. Butler and Mr. LaFauci of the Personnel Advisory Board, and Mr. Chapman, Personnel Consultant, retired from the meeting. For the information of the Board, Chairman Kenney read a letter from the M.B.T.A. regarding registration of senior citizens for half - fare passes to be held in Cary Memorial Hall on November 19, 1974 from 10:00 a.m. to 2:00 p.m. Chairman Kenney informed the Board that the moving date of the Hancock- Hancock Clarke House has been postponed from November 16 to November Clarke 23, 1974, as the mover is unable to meet the deadline. House Move The Board agreed to grant the request of James J. Gordon, Inc., Hingham, to move the Hancock Clarke House across Hancock Street on November 23 instead of November 16, 1974. 1 1 Selectmen's Meeting November 11, 1974 The Board discussed a request from the School Committee to submit a date that the Selectmen would be available for a joint meeting with the Appropriation Committee, Capital Expenditures Committee, Planning Board, Permanent Building Committee, and the Town Manager to discuss the Survey Made of School Buildings by Drummey, Rosanne, and Anderson, Architects. The Board agreed to submit the dates of November 26 or December 3, for the joint meeting. Chairman Kenney informed the Board that the Youth Advisory Com- mission has submitted a budget request, under Account #1146 -Juvenile Services, in the amount of $1,432 for the printing and distribution in the Town of a Youth Booklet. The Board agreed to submit the budget figure of $1,432 but to re- quest the Youth Advisory Commissionto investigate the possibility of cutting down on the number of booklets printed and, therefore, have a different method of distribution. Mr. Roy Weinstein, 6 Nickerson Road, Mr. David Kocher 4 Nicker- son Road, and Mr. Ronald Grammont met with the Board regarding the construction of a sewer by Mr. Grammont through a Town -owned easement at 6 Nickerson Road. Chairman Kenney: Mr. Weinstein and Mr. Kocher wrote to the Board to express their concern for the trees on the land and, also, re- questing that the exact route of the sewer be marked out through the easement. Mr. Weinstein: This cuts into an area in which we maintain our German Shepher; we tie him to a tree which is marked to come down. I never heard Mr. Grammont's proposal to the Town and was not given the courtesy of being told about it. They would be taking down three very mature, solid trees. Did the Selectmen give permission considering the path? Did they consider the balance between my loss and Grammont's gain? Is the Town responsible to Grammont? Will the area be re- finished in its present contour? I think it is odd that I haven't been given the chance to ask questions. Mr. Bailey: The purpose of this meeting is to find out your in- tentions. Mr. Weinstein: Has a variance been granted to the Town? Chairman Kenney: It is a Town -owned easement through your prop- erty. When you bought your property, you knew that. The Selectmen said the sewer would go somewhere in the easement, and we told Mr. Grammont to get specifications and contracts. Mr. Weinstein: Your approval was conditional upon approval of Mr. McSweeney? Chairman Kenney: Yes, the additional engineering plans and specifications have to be approved by Mr. McSweeney. Mr. Weinstein: The specifications have to be approved per se by Mr. McSweeney? 109 School Committee Joint Meeting Survey of Schools Youth Advisory Commission Budget Grammont Sewer 11 .0 ,Burlington 'Arcade Lowell St. - Tree Screen Selectmen's Meeting November 11, 1974 Chairman Kenney: Yes. Mr. Weinstein: Had the Town proceeded to use this easement - I fully expected that. My concern is that the Town isn't using it, but a private party is. Chairman Kenney: I understand your concern but the Town couldn't do it on our priorities for sewer construction. We have areas to be done for health reasons and if they had to wait for the Town to do it, they would have to wait a long time. We told them they would have to do it to our specifications, post a bond, etc. Mr. Grammont: My only comment is I have only been able to prog- ress as far as you saw today. The trees have been marked. Chairman Kenney: Do you understand the conditions of the permis- sion given to you? Mr. Grammont: Yes, there can be nothing done until I do all the conditions. Mr. McSweeney: I would point out that even though the trees may be marked, it doesn't mean they would be coming down. Mr. Weinstein: If the Town were doing this, would they consider a path to save a tree? Mr. McSweeney: Yes. Chairman Kenney: We will tell Mr. McSweeney to consider your re- quest to save a tree. Mr. Weinstein, Mr. Kocher, and Mr. Grammont left the meeting with the assurance of the Selectmen that Mr. McSweeney is instructed that all procedures are to be carefully followed, and the matter will be re- solved to the mutual satisfaction of all concerned. The Board discussed conditions in front of the property owned by the Burlington Arcade on Lowell Street. Chairman Kenney read a recommendation from Mr. Paul Mazerall of the Department of Public Works regarding a request for a tree screen in the area. For complete screening by 81 evergreens, 5 to 7 feet tall, 12 feet apart, $1,065 total; 60 White Pine @ $750 and 21 Spruce @ $315. Also, without a. complete screening, Norway Maples and Red Oaks would do well mixed with White Pine, $1,030 total; 15 Norway Maple @ $375, 15 Red Oak @ $405, 20 White Pine @ $250. Chairman Kenney: If the idea meets with the approval of the Board, I would like to ask Mr. McSweeney to include $1,000 in the budget for tree screening in the area. Mr. Bailey: What about the Harrington seedling forest project? Chairman Kenney: Maybe they could participate. Mr. O'Connell: Are you suggesting that we intersperse small seedlings with large trees? Mr. McSweeney: The seedling program is usually along brooks. Chairman Kenney: We could budget a figure. The Board agreed to ask Mr. McSweeney to include $1,000 in the DPW FY -76 budget for a tree screen on Lowell Street in front of the Burlington Arcade property. Selectmen's Meeting November 11, 1974 Mr. McSweeney presented a plan of the area of the Burlington Ar- cade property and emphasized that there should be some kind of a roadside barricade to prevent anyone from leaving the roadway and going over this particular portion of the embankment. He recommended that 375 feet of guard rail be installed because of the drop-off, and this proposal, includ- $5,000, but this does for highway safety reasons. The total cost of ing $1,000 for atree screen, is approximately not include the labor for tree planting. Chairman Kenney: This safety hazard has developer, by his digging. In terms of $4,000 for the guard rail. Mr. McSweeney: Yes, installed. Chairman Kenney: Mr. McSweeney Department recognizes the safety hazard Board that it would cost $4,000 for 375 budgeted up to $1,000 only. Is it the opinion of the Department that there is sufficient urgency for this? Mr. Mr. Mr. some Mr. this been created by the dollars, you are talking is saying that the Engineering and is bringing it to the feet of guard rail. He is Engineering McSweeney: Yes. Bailey: This means a transfer request. McSweeney: The highway maintenance budget has money in it for items. O'Connell: Mr. McSweeney is saying that he can spend $4,000 for emergency but some other approved one would require a transfer. Mr. Bailey: As the Board of Public Works, (1) We ought to go ahead and do this; (2) I don't think we ought to hurt ourselves by having to get money later. The Board and Town Counsel discussed the developer's liabilities but, because of litigation, it was agreed to take emergency measures at this time. _ Upon motion duly made and seconded, it was' voted to instruct the Director of Public Works/Engineering to take immediate steps to solicit bids for 375 feet of running feet of guard rail to be installed in front of the property owned by the Burlington Arcade on Lowell Street, at a budgeted cost of $4,000. The Board agreed to write to the Appropriation Committee and in- form them that, because of extraordinary and unforeseen safety hazards which have developed in front of the property owned by the Burlington Arcade on Lowell Street, it has been voted to instruct the Director of Public Works/Engineering to take immediate steps to make this area safer by installing a guard rail of approximately 375 feet at a budget cost of $4,000. The Board wishes to alert the Appropriation Committee that the DPW Account #5400 is not budgeted for this amount and it is quite possible that a request for a transfer may be forthcoming later in the fiscal year. Lowell St. Guard Rail 112 Selectmen's Meeting November 11, 1974 Chairman Kenney informed the Board that a letter has been received Sunday Shop from Mr. Richard Eaton, Real Estate Broker, asking the question as to Openings whether a client of his could have a gift shop open on Sundays. Mr. Cohen: You could tell Mr. Eaton that his client's counsel should advise him about the Sunday blue laws. Chairman Kenney: We will also tell him that the Selectmen have a negative attitude about opening on Sundays. Mrs. Battin informed the Board that the Drug Advisory Committee has Drug discussed sending out a leaflet containing telephone numbers and a brief Advisory outline of services offered by the Town Youth Counselor, Re -place, and Leaflet Mystic Valley Mental Health Center. The committee would like to have it typed on Selectmen's stationery and mailed to the Clergy, and all Doctors and Lawyers practicing in Lexington. The Board agreed to approve the request of the Drug Advisory Com- mittee. 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 adverseley affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning personnel, union, and a public health nuisance, 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: Executive Clerk, Selectmen SELECTMEN'S MEETING November 18, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November 18, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, seven jurors were drawn, as follows: Freida C. Alpert, 12 Tufts Road; Virginia L. Cardozo, 6 Paul Revere Road; William H. McAlduff, 15 Theresa Avenue; Herbert P. Grossimon, 52 Winthrop Road; Lila H. Groisser, 510 Concord Avenue; Isabel F. Willey, 12 Balfour Street; Elizabeth M. Pilato, 4 Holmes Road. 113 Jurors Mr. Raftes and Mr. Martin Smith, Jr., Post Office officials, met with the Board to discuss the proposed Post Office site on Waltham Street. Chairman Kenney: We have asked you to meet with us to update the Board concerning your plans on relocating the central service in the Post Office Town. Move Mr. Smith: We have presented our material to the Planning Board, and will go to the Board of Appeals, on the facility called an incoming mail facility. This is one of five being built in the general area around Boston. It is primarily aimed at rearrangement of mail distribu- tion pattern in greater Boston and the surrounding area. Incoming mail will be coming there but outgoing will not be processed. The center will serve Arlington, Belmont, Weston, Waverley, Waltham and Lexington, and will have carrier areas. There are 40 carriers located next door now and, in addition to them, Waltham carriers will be there, and 34 carriers from Belmont will be located there. Outgoing mail will con- tinue to go into the South Postal station in Boston. Incoming will come in to be processed and will be delivered here. Lexington mail bound for Portland, for example, would be sent to South Postal. There are 40 carrier routes in Lexington and 61 in Waltham, a total of 101 going out here; with the addition of some from Belmont, which will not be effected for some time. The facility will operate 24 hours a day, 6 days a week, with an annual payroll of $5.1 million. Parking re- quirements on-site are for 289 vehicles, including USPS and employees' vehicles, with future expansion to 345. The 40 Lexington carriers will go to Waltham Street to Spring Street and from there into the Lexington area. Waltham carriers will go onto Waltham Street to Waltham. Belmont carriers will go Waltham Street to Route 2 to Con- cord Avenue. Most of the operation takes place in the off-peak period. Incoming mail in larger trucks will be done during the night. Carriers will go out between 8 to 10 and return between 2 and 4 p.m. Chairman Kenney: Mr. Bailey asks that you further explain the Waltham to Spring Street route. 114 Selectmen's Meeting November 18, 1974 Mr. Bailey: You are apparently seeking to be located on Waltham Street. Why is Spring Street involved? Mr. Smith: It is not. We will go via Waltham Street. The carriers will all be located down there. I know you are interested in the present facility. The newspaper previously mentioned that we would -have a store -front; we meant that we would have a finance opera- tion in a small store or a new building that we might have built for us. We would go into the shopping center. There would be no carriers or mail sorting. Mr. Bailey: There would be boxes? Mr. Smith: Yes, for local pick-up. The present building, being federal property, would be turned over to G.S.A., who normally offers them first to other federal agencies such as state and municipalities, and finally on the free market for sale at market value. At this point, if Lexington is interested in obtaining the postal facility there, it would be no problem to do so. Chairman Kenney: We don't have any immediate plans but we do want to emphasize the point that we are interested in that it has possibili- ties that are definitely worthwhile exploring. Mr. Smith: We could also maintain our present finance operation in that building, if the Town wan maintain and lease the rest of flexible. There could be the taxable. Chairman Kenney: One -of drop. Mr. Smith: Mr. Walker ha look at Hayden Avenue, and tha as they felt we were getting t was tight; there was a questio, parking. We located a 24 acre ed to purchase and lease, or we could the building to the Town. We would be ale to private ownership, and it could be ur problems is getting a left-hand mail the message. Regarding our site, we did was turned down by the Board of Appeals o much facility on too little land, and it of whether we could handle additional tract on Waltham Street and the Planning Board felt that was adequate, more than we need. Mr. Raftes: Where the area is more than we need, the Planning Board suggested that they pick up 10 acres of the site for Conservation. Mr. O'Connell showed a map of the area and pointed out the lowland and the area that is buildable. Mr. Brown: I have a question as to who owns the Aiden L...Rip ey painting, which we took off the previous Post Office wall and put on the present one. Does the Town own it or the Post Office? It was originally painted on plaster and it was cut out of the wall and mounted. Mr. Raftes: I think the Town would get control of that. Mr. Brown: On the "input - output" level, you suggest that trucks come into the Town between 3 and 5 a.m. These would be 10- wheelers. Mr. Raftes: They won't come through the Town. Mr. Brown: The real heavy trucking is coming in just at these hours. Mr. Smith: A good number of them will come up Route 2. Coming from Springfield or South Postal, I am sure they will use Route 2. 1 1 1 5 Selectmen's Meeting November 18, 1974 Mr. Brown.: I am saying they will come down Waltham Street. Is that correct? Mr. Raftes: There are only a few of them, and they are staggered. They don't come all at once. Mr. Smith: They would only come down Waltham Street from the in- tersection of Route 2. Mr. Brown: I know that the residents will be awakened and will be calling the Selectmen. Chairman Kenney: Is your next step to go to the Board of Appeals? Mr. Raftes and Mr. Smith: Yes. If you have any questions, just let us know and we will keep you advised. We did everything in our power to accomplish this and will continue to do so. On the advice of the. Planning Board, we changed the plan and will not have -metal on the building, which is to be of brick and concrete. Mr. Raftes and Mr. Smith retired from the meeting. Fire Chief Spellman, Deputy Chief Silva, the Appropriation Com- mittee, Mr. Butler and Mr. McGonagle of the Personnel Advisory Board, Fire De - Mr. Chapman, Personnel Consultant, met with the Board to discuss per- partment sonnel requirements for the Fire Department. Personnel Chief Spellman:• It is necessary to increase the personnel of the Requests Fire Department,and, with the changes in the state law, we believe that what we are to present to you tonight is a program that will in- crease the efficiency and give more protection in the area in which we are empowered. Deputy Silva will make the presentation. Deputy Silva: The operation of the fire service is becoming more involved each year, which makes it necessary for interdepartmental changes, such as rescheduling of shifts and regrouping of personnel. It is the fire department's responsibility to maintain adequate pro- tection in the manner that the residents of the town have been ac- customed to. Therefore, sufficient manpower to handle the ordinary emergencies must be considered. Manpower has been a problem for many years. In all cases, it has been acknowledged that the fire department was below the standards set by the National Fire Prevention Associa- tion's recommendation of 1.09 on -duty men per 1000 population. At present, this department is operating on approximately 0.45 on -duty men per 1000 population. Beyond this point, our department has a mutual aid agreement with the bordering towns. Also, the return of the off- duty men is required. Back in 1968, 1969, and 1970, the department operated with a complement of 16.3 on -duty men per shift. In 1971, due to the reduction in the hourly work week from 50.4 hours to a 42 -hour work schedule, the manpower was reduced to 14 on -duty men per shift. In 1972, the number of men in the department was increased to a total of 15 on -duty men per working shift. This is the arrangement that still exists within the department today. Inview of the adoption pos- sibilities of new federal rules and regulations pertaining to the Emer- gency Medical Services, plus the ever-increasing vacation period and 116 Selectmen's Meeting November 18, 1974 sick leave policy that the town has adopted, reduction in manpower is evident during the greater part of the year. We must keep in mind the ever-growing population and the upcoming Bicentennial with its numerous unforeseen problems and emergencies. The Fire Prevention and Inspection Bureau has increased in its responsibilities to the ex- tent that the department can afford, and should have, a fire prevention officer working a 5 -day week. This would increase the personnel by 1 man, and a request of 4 additionalmen that would increase the total manpower to 16 _on -duty men per shift, will nearly equal the complement established back in 1968, 1969 and.1970. The 42 -hour work week, as it now exists, is broken down to a 4 - shift basis of 15 men, each. With this number, it can be seen that we have the bare minimum for a single emergency of fire. Vacations, sick leave, injured leave, and ambulance requirements can reduce this figure to 6 or 9 men. If there are 3 men on vacation, 1 man on sick leave, 1 dispatcher, 1 Deputy Chief may be on another assignment, this leaves 9 men to respond. An ambulance.call, which requires 2 or 3 men depending on the required attention of the emergency, can reduce the response to 6 or 7 men. A calculated risk can sometimes be taken on a given emer- gencybut, with the present manning, I believe we are far below the safety factor for the proper protection of the townspeople. Mr. Chapman: How many more are you asking for in addition to the fire prevention man? Deputy Silva: Four men, in addition to the fire prevention offi- cer. Chairman Kenney: How many call firemen are there? Chief Spellman: Six. Deputy Silva explained a manpower and equipment chart showing a dispatcher, Deputy Chief, driver and officer on Engine 2, driver and attendant on the Rescue vehicle, driver and attendant on the ambulance, and drivers on the ladder and Engine 3. There are two floaters who could be assigned to Engine 2 or the ladder. At East Lexington are a driver and officer for Engine 1, and two floaters for Engine 4. Chief Spellman remarked that it is sometimes necessary for him to accompany the ambulance driver because of a shortage of men. Mr. O'Connell: I think it only fair to ask how many times that has happened? Chief Spellman: I do not have the figures. Chairman Kenney: If you go out from East Lexington, would the two engines go out? Deputy Silva: Yes. Chairman Kenney: You have mentioned vacations. How many men, normally, are on a shift? Mr. O'Connell: Explain voluntary call back and how it is used. Deputy Silva: We do have voluntary callback when we go below the minimum coverage; then we call them back on a voluntary basis. Mr. Bailey: That is below the 12 men? 1 117 Selectmen's Meeting November 18,-1974 Deputy Silva: Yes. When we run on a minimum, we are one short in the station. Mrs. Hagedorn, Appropriation Committee: Who establishes minimum coverage? Mr. O'Connell: That is now an item for collective bargaining. We have -.13 men normally, and 12 in the summer. Mr.. Furash, Appropriation Committee: Is that subject open, or bar- gained the first year? Mr. O'Connell: No, but the first year we put it in the contract in this specific a form. Mr. Furash: What is the Town's obligation? Mr. Bailey: It is a delicate situation. Mr. Mitchell, Appropriation Committee: Have you considered making the dispatcher a clerk? Mr. O'Connell: The fact is that we have a sufficient complement of limited duty so we can more than meet that request for a man that can't respond to fires. Mr. Furash: Before the Appropriation Committee evaluates the propo- sal, since you want to use the National Association level, we would like to know at what level it relates to the size of the town and the nature; relate that to fire frequencies, and where does Lexington fit in these fire frequencies. Give us the nature of our fire classification in in- surance. Examine the frequency of fires on a daily basis in relation to the amount of coverage, the frequency of calls, the number of major fires vs. minimum fires; ambulance calls for a typical 30 -day period. Give us a feel on relationship of how you stand on manpower in rela- tion to call frequency. Chief Spellman: Melrose, Wellesley, Belmont, and Winchester have a population between 22,000 to 34,000 and with their manpower situation compared to Lexington, we are considerably lower. We have an area in Lexington of 161 square miles and Melrose has 4.01 and Wellesley has 10 square miles. Mr. Furash: Is the call frequency the same in all these towns? Chief Spellman: We differ from the majority because we are the only ones that operate an ambulance. Mr. Furash: But they all have different amounts and different types of industry than we do. Chief Spellman: The total alarms do not differ from what we have in Lexington. Mr. Levingston, Appropriation Committee: Some towns don't have an ambulance? Chief Spellman: In some, the Police run the ambulance. Mr. Levingston: We would like the population density and the area. Mr. Furash: We are trying to get the number of dwellings and the number of men on duty. We are faced with the problem that once we went to the 42 -hour week in 1971... Do insurance classifications depend on experience? Has there been any change reflecting adverse experience when we went to 42 -hour coverage? 118 Selectmen's Meeting November 18, 1974 Chief Spellman: They take equipment into consideration. As far as commercial rates, they said they wouldn't change it. That was before we dropped down into a lower manpower situation. Chairman Kenney: It seems to me that going back over the years when we have had requests for manpower, the attitude was "watch the tax rate." It appears that the time has come to take a hard look at departments and start getting manpower and put it on a more adequate basis; we are in worse shape than in the '60's. The town has to face it, maybe spread over a period of years. Mr. Furash: I wouldn't say we are against it if the evidence is not enough to persuade us. We are responsible for making decisions on facts, and dollars and cents. We would not consider it on the basis of anecdotes heard here tonight. Mr. Mitchell: If you get one guy; you asked for five people, what is the priority? Mr. O'Connell: There are two positions, four to fill one ofthe positions, and one for the other. Mr. Mitchell: Do you want to increase fire coverage on some shifts or on the fire prevention program? Chief Spellman: At the present time, we would take one if you say you will give us one, and put him in fire prevention because of the changes in the laws. Therefore, we believe the one man on priority would be for fire prevention. Mr. Mitchell: How about two men, would you still go that way? Deputy Silva: I can't see an unbalanced structure. Chairman Kenney: Assuming you. couldn't get four, obviously the two men would be two more firefighters to help out on vacations.. Chief. Spellman:- We do have a floater system. Mr. Mitchell: If you get two men, would one be for fire preven- tion and one for fires? Chief Spellman: One for fire prevention and one as a floater. Mr. Furash: I would like to know how fire prevention is being done now and what the workload is being done. Deputy Silva: When I was the Deputy Chief, my job wasin just in schools and in command of Group A; I didn't have enough time and had to do it on off duty time. It is.a time consuming job. Mr. Furash: Have you made a list of calls and put classifica- tions on them, and a category of things to be done and, at various levels, things not to do? Then, we would like to know who is doing that now. Next, how you would assign, and what it would mean by assigning a person. Things that people can't do now because they are doing fire prevention and for education purposes. Sharing of men is of some benefit. Mr. Levingston: We would like to, see the relationship to fire inspection - what the Fire Department does and what the Building In- spector does. Selectmen's Meeting November 18, 1974 Chief Spellman: We have priorities. Schools, fire alarm drills, quarterly inspection of nursing homes and, occasionally, we have the state inspectors here and the Department of Public Safety coming out. We have to go with them on routine inspections and we have to send a man with them. Mr. Furash: Does this man have to be specially trained? Chief Spellman: Yes, by seminars and special courses. Mr. O'Connell: There are more than prevention matters. The Fire Department operates under a certain section of law which spells out fire safety Building Department operates under,building codes. Mr. Levingston: Is there, in. fact, any overlapping? Mr. O'Connell: Yes. The Building Inspector inspects according to plumbing, heating, electrical, etc. codes; the Fire Department.accord- ing to combustion hazards. Building inspects under the building codes and the Fire Department can find out if it represents a safety hazard. This is the case right.now regarding plastic material. Mr. Chapman: I have heard your ideas for the future and, rather than have men playing cards, they could be out on inspection; You could train them for things for which they don't qualify. I am talk- ing about greater utilization of manhours that they are being paid for; they are going to be doing more in total than they are doing now and it is of benefit to the town. Chief Spellman:. In 1970, we did 3,000 and now we are doing 6,800 inspections. Mr. Furash: Are people in the department doing this? Chief Spellman: Everybody is doing it. Mr. Furash: With benefit of training, everyone could do inspec- tions. What would these people be doing if put in the hands of specialists? Mr. O'Connell: Mr. Chapman is extending it to codes. Mr. Bailey: I visualize the fact now that the way the shift works out, he is on duty.during his normal, full sequence of work; the way the four shifts work, something gets lost in the continuity of inspec- tion. Also, the continuity of firefighters on the risks, etc. The way I visualize.it is the lead man would take teams of on -duty firefighters out, and he would be the coordinator and not do it all himself. Mr. Chapman: Are you doubting the possibility? Mr. Bailey:- There is one man who is working the day shift and you will have the continuity and it is systematized from Monday through Friday; the men. wouldn't end up just two days. Deputy Silva: It would be two days out of eight. Chairman Kenney: It was mentioned that they sit around playing cards; these fellows are making inspections. Mr. Furash: If they make 50 inspections, how many men would be out? Chief Spellman: it fluctuates. Mr. Chapman: Do the inspections have to be done during the day? Mr. O'Connell: The majority are only open during the day. Chief Spellman: This is when we can get the men out. 119 120 Burlington Arcade Guard Rail Selectmen's Meeting November 18, 1974 Mr. Chapman: Someone raised the question of whether this is the result of demands Apart from that, but related to it, what is the feeling of the men regarding staffing, and why? Chief Spellman: There is one man on the back of the truck. They pick up the codes and ask for figures as they say we are running con siderably less than surrounding towns. They feel they should have sufficient manpower riding on the trucks with them. Mr. Chapman: Is this a feeling of exploitation? Deputy Silva: It is a more comfortable feeling back-up men. Mr. Chapman: I don't understand it if you have shift. Do you have sick leave statistics? Chief Spellman: We were running between 5% and last year. Mr. Bailey: Is this for all causes, injuries, Chief Spellman: Yes. Mr. Chapman: What about temporary men? Mr. O'Connell: We have voluntary call back, on straight time. Chief Spellman agreed to compile additional information which will be submitted to the Appropriation Committee, and he and Deputy Chief Silva retired from the meeting. to -know you have 14 or -15 men on a 7% this year; 4% non -injuries? Mr. Furash discussed the vote of the Board on November 11 to in- stall a guard rail in front of the Burlington Arcade on Lowell Street. He said that he realized it was necessary because of a public safety hazard but the Appopriation Committee asks what effort is being made against the developer to recover the costs in creating.this situation. Chairman Kenney: You understand that we are in litigation now re- garding illegal removal of gravel from the Lexington side. Mr. Furash: If your Board has ruled that it is a matter of public safety, does this owner have any responsibility for having created a hazard? Mr Busa: The hazardous point is at the Burlington -Lexington line. Chairman Kenney: Our position is that we want him to fix that place Mrs. Hagedorn: That is different from public safety. Mr. Furash- If you run out of money, we will ask what you are doing to get the money back. Mr. Buses: We will do everything Mr. Furashi That's what we want The Appropriation Committee, Mr. Chapman retired from the meeting. up. we can. to hear. Butler, Mr. McGonagle, and Mr. Chairman Kenney read requests from Mr. Trimhold, 57 Reed Street, Traffic for a painted crosswalk at Bedford and Reed Streets, the relocation of Reed and the bus stop from Bedford and Reed Streets to Bedford and Vaille Avenue, Bedford Sts. and a pedestrian signal at Bedford Street and Worthen Road. Selectmen's Meeting November 18, 1974 After discussion, the Board accepted the recommendation of the Traffic Safety Committee to continue the bus stop location at Bedford and Reed Streets. Also, it was agreed that the Traffic Safety Com- mittee would request the Engineering Department to study the inter- section of Bedford Street and Worthen Road to determine"if this area meets the State warrants for a pedestrian signal. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to make arrangements for a crosswalk to be painted at Reed. and Bedford Streets. The Board discussed the Bicentennial Committee's recommended list of invitations to activitiesscheduled for Patriots' Day weekend of 1975. It was agreed torecommend the following changes: (1) Confirm the number for Scottish Rites for 4 people. (2) Raise the number for ESK Hanscom to 6 people. (3) Dignitaries for the rededication ceremony under "Other Countries" should be included on April 19, and the invi- tation to England should be of a higher rank than the Consul General. (4) Reserved seating for the distinguished visitor not on the list. Guest Lists for Patriots Day Weekend 1975 Saturday, April 19. 1975 Number. (Including Spouse) United: Nations: Secretary General Brad Morse Other Countries: British Consul General MayorDoIores Hedalgo United States:. Chief Justice Burger Senator Brooke Senator Kennedy Representative States: Governors of 13 Original States 2 2 2 2 2 2 26 121 Bedford & Worthen Rd. Pedestrian Light Request Guest List April 19, 1975 Week- end 122 Selectmen's Meeting November 18, 1974 Saturday, -April 19th, 1975 (Con't.) Massachusetts: Governor Lieutenant Governor Chief Justice Adjutant General Senator MacKenzie Representative Cole One Additional State Senator Two Additional State Representatives Other Towns: 21 Other Lexingtons in U.S. Lexington: Town Manager Board of Selectmen Town Celebrations Committee Lexington Bicentennial Committee President, Lexington Historical Society Parade Chief Marshall White Tricon Hat Recipients Chairman, T.M.M.A. Stan Maxwell, Scottish Rites National Park: Superintendent Director Military: Commander, Commander, Commander, Commander, Fort Levens 1st Naval District 1st Coast Guard ESD Hanscom Sunday, April 20, 1975 (Rededication Ceremony) Number (Including Spouse) - 2 2 2 2 2 2 2 4 42 2 10 18 30 2 2 7 2 4 2 2 2 2 6 The guest list for April 20th closely resembles that for April 19th. Probable deletions include: (a) 21 Other Lexingtons and (b) Military representatives 1 123 Selectmen's Meeting November 18, 1974 Sunday, April 20th, 1975 (Rededication Ceremony-Con't.) Probable additions include: (a) Other Countries England - Queen or representative of royal family Mexico - President or Ambassador Canada - Prime Minister or Ambassador France - President or Ambassador (b) United States President Ford (c) Other Towns Selectman Chairman from 28 neighboring 1775 towns Representatives of Concord Celebrations Committee The Board discussed and agreed to table the decision regarding the Housing & Housing and Community Development Act of 1974 pending a recommendation Comm. Dev. from Mr. O'Connell after his visit to Washington. Act of '74 The Board discussed a letter received from Frank Michelman and Donald Turner concerning a letter to the editor, published in the Lex- ington Minute -ma -n, describing an allegedly unwarranted stopping of a Complaint vehicle and interrogation of its occupants by two members of the Lex- Police ington police force. Department Chairman Kenney: They are saying to the Board that we should investigate this to see if the officers had sufficient cause to stop them and, if that was the case, it should be stopped. I don't know if the facts are -alleged or complete. Mrs. Battin: Our policy is that the Chief would agree to talk with them. Mr. Bailey: How long ago did this occur? Chairman Kenney: The incident happened about a month ago. Mr. O'Connell: There has been no contact with anybody in Town government. Mrs. Battin: We should publicize our policy in the newspaper that (1) they should go to Chief Corr and if there is no satisfaction, (2) to go to the Town Manager. Mr. O'Connell: With the understanding that the parties involved have to .document it. Chairman Kenney: I will respond to the letter and tell them our. policy. The Board agreed. 1'24 Executive Session Selectmen's Meeting November 18, 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 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 concerning the financial interest of the Town and an item on the Bicentennial weekend, 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: c Executive Clerk, Seledtmen SELECTMEN'S MEETING November 25, 1974 A regular meeting of the. Board of Selectmen wa men's Meeting Room, Town Office Building, on Monday, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Battin; Mr. O'Connell, Town Manager; Mr. Cohen,. -To McSweeney, rireetor of Public Works/Engineering; Mr Clerk, were present. held in the Select - November 25, 1974, and Brown, Mrs, Counsel;_ Mr. McCurdy, Executive 125' Mr. Roy Weinstein, 6 Nickerson Road, and Mr. nald G. Grammont Grammont met with the Board concerning the proposed sewer to be constructed by Sewer Mr. Grammont through a Town -owned easement at 6 Ni erson Road. Mr. Weinstein: There are two things to discus . One is the gen- eral problem of that type of easement, and the othe is a specific problem. On the general problem, there is no ques ion in my mind that everyone has acted properly. It is not a problem of personal action but of procedures regarding easements of this sort. determine, there are one or two of them a year. In turns it over to a private person or developer and shares a loss because it follows -a different course Notification falls between cracks. It isn't c Bible for notifying the property owner. The line o staked out; 'that is not done. It gets rather loose third party:involved. Because of possible loss, as duce at the .time it is brought to the Selectmen, th be notified. A formal meeting with the pro be standard procedure because of the fact that the lose. On the :specific problem, I have no question o: easement. X assume the sewer will be built. The line of the, sewer. The easement runs from Nickers Road and the way it was laid out makes it clear th to run up to Aaron Road. Three trees are endanger Shepherd is.tied to these trees. If an easement w in Aaron Road, it would miss the three trees. My Road is not! being treated as it would have been if sewer. Mr. McSweeney: To accomplish what Mr. Weinst the line would come down just off the property lin ation.of a manhole. Mr. Weinstein: Mr. Coscia (DPW) strongly manhole. Chairman Kenney: I thought we were going As best as I can my mind, the Town the property owner lear who is respon- f sewer is not when there is a a general proce- he property owner erty owner should property owner will down. Mr. McSweeney: Yes, the one at the rear. the intent of the roblem is in the n Road up to Aaron t the intent was d, and our German s taken by the Town roblem is that Aaron the Town built the in is referring to, , with the install - recommended to take only against the one tree 126 Federal Fund- ing -Housing & Community Development Selectmen's Meeting November 25, 1974 Mr. Bailey: If we concede on .the rearmost tree, can it be done to Mr. Weinstein's satisfaction? Chairman Kenney: Assuming we can, if it meets with mutual satisfaction, we will go that route. Assuming we can't, go back to the original plan we have; Mr. Weinstein doesn't want that manhole. Chairman Kenney to Mr. McSweeney: Meet with Mr. Kocher of 4 Nickerson Road, and Mr. Weinstein and explore the possibilities of avoiding the trees. If not, go back to the original plan and give Mr. Grammont his permit. It has become apparent to me that after having an instance where the Town is not directly responsible, perhaps a change in procedure would be better.. We will take due care that in the future all con- cerned will be notified. Mrs. Battin: I would also add that the property owners will not only be notified but we would have a hearing at the same time. The Board agreed. Mr. O'Connell gave a summary report on federal funding, as a re- sult of his trip to Washington last week. On the Housing and Community Development Act, that is where all the money is. Programs included housing and community development, transportation, environmental pro- tection, CETA, Bicentennial, elderly, etc. When the Housing and Com- munity Development Act was filed, it was called the Bettered Community Act, and it has direct bearing on revenue sharing. It is determined by formula which cities are entitled and it focuses on blighted areas and low income families. The new Act reduces red tape and makes sig- nificant changes in municipal responsibilities. The program has to be administered by or through the chief executive function and there is no local appropriation action needed. There is much more freedom as it can be spent anywhere in the community; the community handles it as it sees fit. It is very broad in terms of how it is administered, and it is keyed to housing'but is 100 percent federally funded. FY 75 money is locked up; $2.5 billion is planned funding for 1975 and 80 percent of this is committed and will be restricted to cities of 50,000 and communities of over 200,000. There are 400 so-called en- titled cities; Boston -gets $30 million by the formula of population, poverty, overcrowded areas, etc. We are one of the communities out- side of this 80 percent group but inside of SMSA, to which part of the 20 percent discretionary fund applies. The balance of the 20 per- cent goes to communities who are not in the 20 percent but in SMSA, and that is where we fail statistically. Chairman Kenney: There is not much left of the pie for us. Mr. O'Connell agreed. We were hoping there was an area where our type of application would fit in. The mechanism which provides for "pre -application" is on a short form but you have to have housing as- sistance program as part of a comprehensive plan. We might have a pretty respectable housing assistance plan on the basis of what has been done for the elderly. The other aspect is what the Town is doing under the transfer of tax title land is to be refunded by the federal govern- ment. 1 1 Selectmen's Meeting November 25, 1974 Chairman Kenney: How do we go about filing the pre -application form? Mr. O'Connell: It gets you an informal meeting with HUD. We would have 'to pull together a Town -type program and would have to pull in LHA. It1 should be an effort with the Selectmenj', Planning Board, Lexington Housing Authority. We have the agency that has some in- volvement and it would have the most impact if fochised toward the low income elderly. There is no formality to the pre -application. Chairman Kenney: Have you procured any forms? Mr. O'Connell: No, they are not printed yet.' The deadline is April. The money available, from our standpoint its partly the result of the whole harmless clause, which disappears in three years. Chairman Kenney: Is there federal reimbursement for a sewer pro- ject? Mr. OConnell: We would be competing against Waltham and they would be away ahead of us. Chairman Kenney: Have Mr. -Briggs (Planning Director) discuss it with the Planning Board and we can have a joint team with them and the Housing Authority Mr. O'Connell agreed. Police Chief Corr, the Appropriation Committee and the Personnel Board met With the Selectmen. Chairman Kenney: We have a vacancy on the Personnel Advisory Board since the'resignation of Neil Chapman, and nominees for re- placement have been sent to the Appropriation Commlittee. We think Donald Comstock, 136 East Street, President of Bellofram-Company, is well qualified as he has been in management development programs and personnel work. The Appropriation Committee agreed. Upon motion duly made and seconded, it was voted to appoint Mr. Donald Comstock a member of the Personnel Advisory Board for a term of office expiring.March 31, 1976. Mr. Btsa: For the information of the Board, two policemen were hospitalized this weekend. Chief Corr:At the present time, they are holme. They received a severe pummelling by at least four people in the Watertown Street area. We expect they will be back to work in a cduple of days. The police department was called because of a family situation and two policemen, answered. Six people were at home and One crawled to the cruiser for help. We called Arlington for assistance and they sent five men. ,There is a definite need for additional police manpower. Two years ago, I said the same thing. 121 Appointment Personnel Advisory Board Police Department 128 Selectmen's Meeting November 25, 1974 Chief Corr presented his request for additional manpower. Police Investigations: There is a need for police services. In 1962, Department- we received 3,500 calls and in 1974 we received 9,500 calls for as - Personnel sistance. Requests Serious Offenses: These increased from 361 in 1961 to 1,263 serious crimes in 1974; tripling in a 12 -year period. Arrests: Up -from 700 to 7,000 in 1974; these include traffic. Fines: $4,000 in 1955 increased to $81,600 in 1974. Housebreaks:, From 100, they are up to 350 a year, averaging one housebreak a day. Auto Theft: This is a severe problem. Dropped from 170 last year to 130 this year, due to locking devices. Of the 96 stolen, we recovered 66, valued at $182,000. Stolen Property: The value has risen from $50,000 to $600,000. Our. recovery rate has dropped this year; this includes automobiles. Accidents: 1,000 accidents this year. There is a traffic en- forcement program going on in the community, and the lowering of speed -on -Route 128 and Route 2 has helped. Police Officers on Duty: In 1957 to 1965, it ranged from 30 to 36 men. It was difficult to:ask for additional manpower because only citizens of the community could be put on, and only residents took the exam. Now we can go outside. In 1967, legislation was put through which allowed us not only to pick from other lists but allowed cities and towns to pick from anywhere in the Commonwealth of Massachusetts. We had 43 police officers in 1967 and now we are back to 43. In 1970, because of the decision by Judge Wyzanski, the list was frozen and we have not been able to put a police officer on. Now, we should be able to put on at least 6 police officers from that list in a couple of weeks. We have not increased since 1967, when we put on 8 men. Mr. White, Appropriation Committee: How long have you been authorized for 51 men? Chief Corr: Since 1969/70. Mrs. Flynn, Appropriation. Committee: Are cadets included in the 43? Chief Corr: No. We have 6 cadets. Chairman Kenney: Normally, two of them are in school. Chief Corr: They are not sworn police officers. We are enticing them to go to college and get a degree, and then convince them that Lexington is the place to come. Cruiser Control Section: I have recommended this for the last several years. At the present time, this town is divided into four equal sections, and we have a 1 -man patrol car assigned to each. We hope to have a 2 -man car as back-up car but we have not been able to put that 2 -man car in operation. With vacations, sick leave, and the lack of personnel, that car sits out back. Mr. Chapman: What happens if you have an accident: Does that mean the other zone is unattended? Selectmen' Meeting November 25, 1974 Chief Corr: Yes, the dispatcher tells the other vehicles that they will cover that section. I recommend that minimum patrol"coverage is 4 men; 1 man plus 2 -man cruiser plus the patrol supervisor. In addition to other shift coverage, typical coverage is - and we would like to see -working on a shift - Com- manding Officer, Lieutenant, Desk Officer, Patrolman, a man in Lexington Center, four 1 -man cruisers. operated by Patrolmen, one 2 -man cruiser would be operated by two Patrolmen, 1 Patrol Supervisor, 1 Sergeant, 1 Detective (he is not on from "midnight to 8:00 a.m.), 1 Dispatcher. Civilian positions in the department: Four in clerical, 1 dis- patcher'during the day and 1 -in the first half; 1 mechanic who takes care of cruisers --and meters uptown; 6 police cadets, only .3 -on at a given time while they are at college. The only time all 6" are on would be during the summer months. In order to implement.minimum staffing, it would be necessary for us to add aminimum of 5 additional police officers. I would remind you that in 1942, it was 47 and, in 1974, it is 43. Authorized strength is 51 men. I am recommending in 1975 to increase that by 5 police officers, plus the position of community services officers - 3 of them. It is important because of the fact that we have spent 6 years on the police cadet program, which started in 1968 and this is the completion of 5 years; they graduate in 1975. -Inasmuch as the police list! is tied up in litigation at the present time, civil service has not indicated they are going to give any new exams in the next 6 months. Wa have 3 cadets graduating next June, and nowhere to -go in the Lexington Police Department. We have spent 5 years training them, and it seems a terrible waste to lose these boys after having spent Lexington taxpayers money. The only way is to develop the new position of community service officers, which is the terminology -of LEAA, and the pay would be commensurate with his position. They would not have the power to serve criminal 'processes. This is the important part of my budget request, so that we won't lose these boys. Chairman Kenney: Let them understand that if it were not for the civil service problem, you would be asking for 8. Chief Corr: Yes. Chairman Kenney: Also, if they could take the exam and once this civil service list is furnished, you wouldn't have that position? Chief Corr: Yes. Mr. Bailey: You can get 6 off the list? Chief Corr: Yes, we are doing the background now. Chairman Kenney: As I -understand it, although you are down to 43, it is these' extra names that are needed. In order to get by, you have call back. Chief Corr: Good point. We are eating it up by time and a half rather than. straight time and, at the way we are going, we would not have enough, money to carry us through. Forty-three are' not enough to 129. Police Additional Personnel Request 130 Selectmen's Meeting November 25, 1974 protect areas of town because of the number injured, out sick, etc. Tonight we hired two people and they are working a double shift. There is a very definite strain on the Police Department. Mr. Chapman: It might make people understand if you talked of the problem of civil service and why you haven't been up to strength. Chief Corr: We have had it for the last three years. Judge Wyzanski said the exam was considered to be discriminatory because minority groups were not give a crack at the exam, and he froze the civil service list.and said that you will not be able to hire until the exam is not discriminatory. The State appealed to the Court of Appeals, and we lost. Since then, it has been in litigation. The Court passed the residency bill as a result said that we will take your residents and put them on top of the list - and that was declared discriminatory. It went to court and we won in Superior and won in the Supreme Judicial Court. The minority group went back and got an injunc- tion that no appointments be made. Now, thanks to Mr. Cohen, we have solved the problem with minority by giving them the opportunity for them to come here. A list was sent to us last week and we are in the process of examining it. Mr. O'Connell: I would point out that the community officers will have to do it if it is not possible to get it done. Chief Corr: Without the cadets, We would be in serious trouble as they are performing jobs of police officers. Three of these boys have 5 years with us. Chairman Kenney: Do these three want to join? Chief Corr: They have indicated a desire to become Lexington Police Officers. Mr. White: Will they accept that interim position? Chief Corr: I haven't mentioned it to them until I have an indi- cation of approval. In my opinion, it could be "Yes, they would accept it." Projected estimates: The population is approximately 33,000 and in 1990 it will be 48,000. We had 51 Police Officers in 1973 (author- ized) and that, based on the average of 1.8 Policemen per thousand, it will be 85 in 1990. Productivity: In the Police Department, we have been involved for the last 10 years in trying to improve. We felt that the community was not being properly covered so we went to a 1 -man car. We were criti- cized because most of the men didn't want to drive alone. 2. Civilian Dispatcher: This was instituted 7 years ago because a policeman was answering the telephone and it should be a civilian, which would put the officer in the street. 3. We .changed the parking meters in the Meriam Street area and found one meter that didn't need to be wound, and eliminated sending an officer to wind. 4. Courtroom standby: To eliminate this, we put him on standby. We get a call from the prosecutor and when they have to testify they get a call from the Captain and they have to go to court. 1 1 131 Selectmen's', Meeting November 25, 1974 5. Cruiser maintenance: They have 70,000 miles on them; they are fine lobking cars and a great effort is made to keep them in good order. 6. Eliminated call boxes. We paid $10.50 each month to the Telephone Cbmpany and we now use outside telephones. Chairman Kenney: That is $1,000 a year. 7. Annual physical: We have a weight requirement. Keeping our troops in gbod shape gives better service. 8. Re -writing of regulations: We did this with the Selectmen. We think that is productivity. 9. Established a Patrol Supervisor. 10. Placed resuscitator in each car for citizens. 11. Civic speaking team: We have at least 10 people in the de- partment. We think that is productivity. 12. Performance evaluation under the merit system was instituted by the Town Manager and the Selectmen. 13. Departmentphotographers to take pictures; 7 men. 14. Selective enforcement. 15. Handwriting of reports on patrol; written in longhand while on the street and re -written by the girls in the office. 16. Cadet program. 17. Officer schooling; we have taken advantage of all opportuni- ties. 18. Established <a Boy Scout explorer program in the Police De- partment; we tell the boys to come and join to become law enforcement officers. Chairman Kenney to Chief Corr: We appreciate the enthusiasm with which you have given your presentation. Are there any questions from the Personnel Board? Mr. Butler, Chairman. Personnel Advisory Board: It was most im- pressive. Do you have any items on a "wish list" you would like to take place? Chief Corr: Yes, the 5 officers and 3 community service officers. Mr. Comstock, Personnel -Advisory Board: Are the duties of the community service officers different from other officers - the fact that they are non -civil service, do they perform different functions? Chief Corr: The rule is that they would not be allowed to serve a criminal process as we would run into trouble with civil service. Mr. Comstock: Was the authorized strength authorized by the Selectmen? Chairman Kenney: Authorized by Town Meeting. Mr. McGonagle, Personnel Advisory Board: Are these (policemen/ population). your figures or Metcalf and Eddy's? Chief Corr: Metcalf and Eddy's. Using 1.8 Policemen per thou- sand, the Lexington Police Department ought to be at the strength of 61 at the present time. t32 School Com- mittee School Survey Fire Department Sidewalk Construction Bedford St. & Valley Rd. Selectmen's Meeting November 25, 1974 Mr. White, Appropriation Committee:If there were some way to -add people to the force immediately, how would you go about doing it? You plan to add 6 immediately and, assuming the Town authorizes the in- crease, do you think there would be a problem at the next budget? Chief Corr: I am asking for authorization to increase my strength so I can be ready to.add when I, can. If I get authorization, I will make every effort to fill it. I can't understand why the Director of Civil Service has not established.a new examination.. If.it_were held in December, itmouldbe September before the positions are filled. I hope you give the authorization. Mr. White: You have 43 now and hope to add 6, which is 49. You will still have two slots. Chief Corr: From the list, I don't think they have the qualifica- tions to do the job. If 4 vacancies, we can only look at 6 names, and we can't go beyond these 6 names. Mr. White: Could you ask for a list? Chief Corr: We could put on 6 and, at a later time, ask for a new list. Mr. Chapman, Personnel Consultant: Do you see anything on the hori- zon in terms of technological changes coming to Lexington to improve police service? No surprises? Chief Corr: No surprises. Chief Corr, Appropriation Committee and the Personnel Advisory. Board retired from the meeting. Chairman Kenney informed the Board that the School Committee has in- vited the Selectmen to a joint meeting on December 11, 1974 in Estabrook Hall to discuss the Drummey and Rosane School Survey of Buildings and the declining enrollment in schools. The Board members agreed to attend the meeting. Chairman Kenney read a letter of appreciation from Dr. Perlmutter of Symmes'Arlington Hospital for assistance received from Deputy Fire Chief Silva and Ambulance Coordinator Quinlan in the Cardiopulmonary Resuscitation course at the hospital. The Board agreed to write a letter of thanks to Mr. Silva and Mr. Quinlan. Chairman Kenney read a letter from Raymond Dellovo, 1 Valley Road, regarding the status of his request for the construction of a sidewalk between Valley Road and the Parker School on Bedford Street. 'A report from Mr. McSweeney was read stating that the Telephone Contractor has been in the area and must be released from all his obli- gations before the scheduled sidewalk construction could begin. Due to weather conditions, the project is re -scheduled for the spring. The Board agreed to so inform Mr. Dellovo. 1 1 1 13e. Selectmen's Meeting November 25, 1974 Chairman Kenney read a memo from Mr. Robert Tarlin, Bicentennial Director, regarding 1976 Bicentennial plans. Mr. Tarlin requests com- ments from the Selectmen on the following alternatives: 1976 Bicen- tennial 1. To have the 1976 parade and be prepared to ask the taxpayers Parade for an additional $60-70,000 for its logistical support. 2. ToLplace a 1 -year moratorium on the p.m. parade. 3. To have the parade and hope that current estimates of 1976 tourism -in -Massachusetts will.not significantly -impact Lexing- ton in April of that year. The Board agreed -to request Mr. Tarlin to meet with the Bicenten- nial Committee to discuss the matter and report back assoon as possible because of budget involvement. ' Chairman Kenney read a letter from the Middlesex County Engineer statingthat his department is in the process of establishing a county bounds, program within each city and town in Middlesex County, doing all engineering workand supervision of the setting of the bounds. Any city or town interested in the project will be required to provide the granite boundsandthe labor to set them. Chairman Kenney: What is the cost of a bound? Town Mr. McSweeney: $30.00 Bounds - The Board agreed that Town Engineer Chase is to meet with the County County Engineer to discuss the project and report back to the Board. Engineer For the information of the Board, Chairman Kenney read a letter from State DPW Commissioner Campbell stating the following funds are Highways available to Lexington under each of the following programs: Chapter State Aid 765, Acts of 1972: $47,686 per year for Fiscal 1975, 1976 and 1977. Chapter 497, Acts of 1971: Approximately $135,000 will be made available to Lexington on the, Cherry Sheet, which will be distri- buted early in 1975 for expenditures in Fiscal 1976. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on May 29, June 3, and November 11, 1974. Minutes Chairman Kenney read a request -from MAPC to participate in and adopt a resolution on a joint plan for a coordinated wastewater man- MAPC Water agement planning effort for the Boston Metropolitan Area. Quality The Board agreed to sign the resolution, with deletions, subject to the recommendation of the Director of Public Works/Engineering. Chairman Kenney read a request from the Knights of Columbus for K of C an extension of hours, under the Club Liquor License, to 2:00 a.m. on New Year's New Year's Eve 34 By -Laws 24 hour ;Openings Common Victualler's license 'Re -dedication sof Battle Green Committee Waste Paper Collection Capital Budget Executive Session Selectmen's Meeting November 25, 1974 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 their Club Liquor License to 2:00 a.m. on New Year's Eve. Chairman Kenney informed hour opening by the White Hen Lexington, an Article will be of retail establishments. Town Counsel Cohen that, due to the 24 - Pantry on Massachusetts Avenue in East in the Warrant regarding operating hours Chairman Kenney informed the Board that an application has been received from Peter's Delicatessen, formerly Arno's Deli. Upon motion duly made and -seconded, it was voted to issue a Common Victualler's license to Peter's Delicatessen, 321 Woburn Street, with hours of operation of 6:00 a.m. to 7:30 p.m. - 7 days a week. The above premises have been inspected and approved by. the Board of Health. Chairman Kenney read a recommended list of nominees, submitted by Rev. Harold Handley, Chairman of the Re -dedication of the Battle Green Committee, for appointment to his committee. These members would be in addition to the following members appointed on March 25, 1974: Rev. Harold T. Handley, Chairman; Messrs. Fred C. Bailey, Roland B. Greeley, Richard A. Michelson, Rev. Henry H. Clark -Hancock Church, and Rev. Robert Zoerheide-Unitarian Church. Upon motion duly made and seconded, it was voted to appoint the following additional members to the Re -dedication of the Battle Green Committee: Mrs. Margery M. Battin, Mrs. Elizabeth Clarke, Mrs. Margot Tutun, Msgr. George W. Casey, Cornelius Cronin. Mr. Buse reported that the Trash Committee will meet again to re- evaluate their decision on collecting waste paper. We would still like the public to save it. The bottom of the market has fallen out, and it went down to $3.00 a ton last week. We would like to recycle and will Ten tons of paper were Miller Disposal collected have to hold off until the first of the year. collected by the Temple at a total of $30.00. $25.00 and that left $5.00 for the Temple. Mr. O'Connell distributed copies of Revision #1 of the FY 76 Capital Budget to the Board members. Mr. O'Connell: Now you can start and make your determinations con- cerning the Capital Budget. The Board agreed. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:15 p.m. A true record, Attest: 71 ,2e Executive Clerk Selectmen. 15 Q. SELECTMEN'S MEETING December 2, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office. Building, on Monday, December 2, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey and Buse, Mrs. Battin; Mr. O'Connell, Town Manager; Mr, McSweeney, Director of Public Works/ Engineering; Mrs. McCurdy, Executive Clerk, were present. Mrs. Lucile Schuck, National Organization of Women, and Mrs. Margot Tutun, Chairman of the League of Women Voters, met with the Board to request thatthe Board proclaim 1975 as International men's Year in Lexington, and to urge all citizens, young and old alike, interested groups and organizations, town officials and com- Proclamation mittees, members of educational and religious institutions to recog- nize the contribution women have made to the community, to the nation and to the world, and to -begin now to provide for the observance of International Women's Year with practical and constructive measures directed toward bringing about an equal partnership between men and women. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the proclamation declaring 1975 as International Women's Year in Lexington. Mr. McSweeney reported to the Board that he had met with Mr. Grammont, Mr. Weinstein, and Mr. Kocher to explain the alternatives of the proposed route of the Grammont sewer, one being a line with two structures (manholes). The question came up about getting the easement out the other half of Aaron Road but this is not possible. Mr. Grammont requested that a structure be put three feet off the easement but this was not acceptable to Mr. Weinstein. I left it in their hands to discuss the alternatives. I received a letter from Mr. Weinstein today that the sewer line follow the original path, which necessitates the removal of an ash tree. Also, they have some other agreements.- I recommended that a copy of the letter, plus the agreement, would -.suffice for the Board to vote and we will continue to monitor, -as we agreed upon. Chairman Kenney: Mr. Grammont has conformed to all other condi,- tions. ondi-tions. The Conservation Commission and the Appropriation Committee met with the Board to discuss the Conservation expense budget. Mrs. Frick, Conservation Chairman: In Account 2460, line item 340, we put in $10,000 for professional services, and we thought we wouldhave administrative assisstance: $5,000 is for land mainten- ance. Conservation lands are frequently in need of cleanup, bound- ary marking, mowing (Swenson Farm particularly), vandalism repair, trail marking and protection against vehicles. Both of these are bookkeeping items. Grammont Sewer Conservation Commission Expense Budget 136 Selectmen's Meeting December 2, 1974 Chairman Kenney: You say they are bookkeeping items. If you are talking $10,000, the best place would be to put it in the Engi- neering budget. _ On land maintenance, the best place is in the Park Department. Mrs., Frick: There is a great deal of trail marking, etc. and we would have some places done for the Bicentennial for tours on Town land. Mr. O'Connell: For the purposes of this meeting, all the Board would like is to have the Conservation Commission explain what you need $10,000 and $5,000 for. If it turns out that you want certain services of Town employees, that money would have to end up in the Personal: Services account of that department supplying the service. Chairman;Kenney: We are asking why you want more engineering funds than you are receiving. Last year, we did include $3,000. Mrs. Frick: We don't know how much time is being spent. Mr. Mitchell, Appropriation Committee: Are you getting satis- factory service? Mrs. Frick: Yes, but Mr. O'Connell: Have you.asked Engineering? Mrs. Frick: No. We thought this would be resolved by a Conser- vation Assistant.. Mr. O'Connell: It probably would be. Mr. Bailey: We have been budgeting something in terms of $3,000? Mr. O'Connell: Mr. McSweeney had some in and we had $3,000 in professional services, and we transferred that $3,000 and added it to the Engineering personnel budget so that one could be used to supply the money. Mr. Bailey was satisfied. Chairman Kenney: On land maintenance, we discussed this among our- selves several times last year and there were reasons for several signs for the improvements in several areas. It was pointed out that the Town did not have a specific account of this nature and Mr. O'Connell men- tioned that some funds should be allocated for this type of maintenance of Conservation areas mostly for cleanups, blocking and unblocking areas, boundry marking, etc. Why not ask Mr. McSweeney, -through Mr. O'Connell, how far $5,000 would go? Mr. O'Connell: Hopefully, if Conservation could furnish a list of major projects, such as boundary marking - those that get into real money. Mrs. Frick: These are things that when Engineering is laying out a plan they could mark it so that signs could be put up right away. It is difficult to know whether they would be on Town property or Conservation land. Mr. Furash, Chairman of the Appropriation Committee: The time to put up a marker is when a survey is done for the acquisition of Conser- vation land. Mr. McSweeney: It is usually included in the survey plan. The bounding should be included at that time. The Board agreed. 137 Selectmen Meeting's December 2, 1974 Chairman Kenney: If you have any additional specifics, we would appreciate having those furnished to us. Mr. McSweeney recommended that a meeting be arranged with Engi- neering and Conservation to understand exactly what their program is, and then come back to the Selectmen. The Board agreed. Mr. Mitchell: We have a question on the big increase in secre- Cons. Comm. tarial services ($3000 to $3750). Secretary Mr. O'Connell: That is based on the significant increase in the number of hours worked per month, and an increase in the rate which is established as part of the personnel policy in the Town. You have been at 24? Mrs. Frick: Between 24 and 25 hours. 0ur budget was cut last year and I should warn everybody that we are going to ask for a trans- fer as Mrs. Greene is in on Tuesday, Wednesday, Thursday and Friday, and we are not getting -the paper work turned out. Even if -we get the Conservation Assistant - I spent a great deal of time when Mr. Whitney was there because I had to teach him - we are going to have to ask for more money. Mr. Mitchell: I don't know if I buy the increase. Chairman Kenney: We would like to schedule another meeting to discuss the Capital budget. The Board agreed to a joint meeting with the Appropriation Com- mittee and the Conservation Commission on December 16, 1974 at 9:00 p.m. Conservation Commission retired from the meeting. Mr. John J. McSweeney, Director of Public Works/Engineering, the DPW Person - Appropriation Committee, and the Personnel Advisory Board met with nel Require - the Selectmen for a presentation by Mr. McSweeney of DPW personnel ments requirements. Mr. McSweeney: In 1972, the Board approved the consolidation of the three departments, headed by a Director. The purpose of the reorganization was to improve the efficiency and productivity of engi- neering services - and we feel we have improved - and to have tighter control methods. Out of this came a new building maintenance pro- gram. We added a new building supervisor, which has been a benefit to us. We picked up new agencies, such as conservation commission by 3/4 of a man, maintenance in the school department, snow removal, etc., Permanent Building Committee by engineering services. Mr. Mitchell: Are you reimbursed at all? Mr. McSweeney: None of this is reimbursable. With. the school department, we do have two men and equipment after the 40 hours on resurfacing contracts in parking lots. Mr. Levingston: How many people are represented in engineering and administation? 8 Selectmen's Meeting December 2, 1974 Mr, McSweeney: 14 in engineering; 14 in administration plus a secretary and the Director. Mr. Levingston: Does this include supervisors? Mr. O'Connell: It goes up through Mr. Coscia. Mr. Levingston: Who are the people in administration? Mr. McSweeney: Clerical help; Mr. Coscia, Office Manager; Fred Sweet and custodians; Mr.. Jefferson. Mr. Gilmore: How many all together? Mr. McSweeney: 82. Chairman Kenney: The only item which is a little different is that we put buildings under the administration. Mr. McSweeney: Yes, it took two years to accomplish this. We have been current, as far as our contracts, for about 6 to 8 months. This was operating for a full year on maintenance and work orders. The most efficient -way was to.get all operation in here and one person plans and assigns all the work, and sees that it is carried out. We have some other reorganization plans ahead. Mr. Chapman: Explain operations as it relates to planning and ad- ministration. Mr: O'Connell: All work originates in administration and ends up in operation. Mr. McSweeney: We have a head of operations, a head .of administra- tion, and a town engineer. We have taken on a tremendous task in getting the job done. If we are to continue or consider other modes of improving it, we have personnel needs and personnel requests. In operations: a welder and mechanic's helper - we have in excess of $1 million in equip- ment to maintain; DPW needs and requests them. In parks, two laborers; highways - one laborer; cemetery - two laborers; water - one; traffic laborer and equipment operator. In buildings, we have three people on loan, two from highway department and one from parks taking care of these buildings and the visitors' center. Mr. O'Connell: Clarify the custodians. You aren't planning to add three custodians; you want to return them to where they belong. Mr. McSweeney: Yes, a lot of things can be accomplished by trans- ferring. There is a man in traffic now from the highway department. We have four classifications and any man can be shifted to other places. Mr. White: You are talking about putting these two people under planning and administration back in parks? Mr. McSweeney: Yes, they are all in the same classification. For the building people, you need a complement of eight. Chairman Kenney: You want two, in addition to the custodian you want to return? Mr. McSweeney: Yes. Mr, Mitchell: You have a request for six people in administration. Is that a result of engineering? Mr. McSweeney: It is as a result of improvement in our operation. Mr. White: It would seem that as we become more efficient, we have had to add new people, which is inconsistent. 1 1 1 :139 Selectmen's Meeting December 2, 1974 Mr. McSweeney: We have accomplished it in different ways - while other areas have suffered. That is why we need some of these people. Chairman Kenney: When we had increasing requirements for cus- todial services, someone was taken from DPW; he is still budgeted up at the barn but is at the visitors' center. Another example is the people in traffic; when we want to get them onthe street, they are in another area. Mr. O'Connell: There isa long list of accomplishments we have achieved`in the past two years. Our buildings would be in sad condi- tion waiting for extra people and, in order to get the work done, our list of personnel requests would be larger and larger. Mr. 'McSweeney: We have accomplished the pickup and maintenance work in the buildings and the janitorial work has to be done. Chairman Kenney: I would point out that they had been far behind in the work. We are current with our sewers but, in 1970, we were doing 1967 commitments. Mr. McSweeney: We are still studying the cost effectiveness but we know from past experience where we need help. We are unable at this particular time to set our priorities, and what action should be taken. We have increased our productivities by having a school - cooperative program with the High School for our clerical help and also at the barn with High School students. They have been some of our largest assets when they come in at vacation time and in the summer- time. We have had the Neighborhood Youth Corps under federal funding and, also, employment under E.E.A. Our present building supervisor came to us under that program. Mr; White: How does the number 18 compare with the traditional number (requested) in the budget over the last 3 or 4 years? Mr. McSweeney: Last year, I asked for 4 to replace the custo- dians and put highway -back up to applied strength. Mr. O'Connell: I think the number Mr. White wants is the figure 11. Mr. McSweeney: Yes, but that was when we were going through the phasing three years ago in 1971 and the Board approved but we had no change in the number of personnel. We received four in seven years in engineering and last year we -received two in landfill. Mr. White: By reorganization and delivering efficiencies within -departments, we have refined precise areas. Is it because we have reached some sort of plateau. The thing that strikes me as inconsis- tent is the large number of requests for manpower. Mr. O'Connell: Mr. McSweeney is not yet requesting 18 people; he is exposing you to the department requests. Mr. McSweeney: Also, we are talking about the everyday operation here. Things were not getting done and they are now. The demands on the department far exceeded the people we have. Now you are seeing the estimates of department heads in terms of what they think of man- power in the form of increased requests and increased pressures. During the two years, we weren't adding anybody; the "wish list" was for 11 or 12. 140 Selectmen's Meeting December 2, 1974 Mr. White: The people that developed these numbers did so under the same general philosophy as in the past, or under a different set of standards that the practice may may not have changed. Mr._ McSweeney: They were developed under the old standards. Until we can get some of the costs and until we can justify two men in parks or in cemeteries ... Allwe have been- doing is producing and improving the organization. With the workload, we haven't been able to collect some of the. data.. We are telling youwhat our problem areas are, and what our needs are. When we analyze_the.cost effec- tiveness ourselves, we will come back. Mr. Bailey: Mr. McSweeney has said that the reason the depart- ment has been running hard in the past three years is because they have been doing things,. that weren't done before. The next questions how has the total workload of the department changed? What is happen- ing more? Is there more repaving, more trees to prune, is there documentation? As Mr. White said, it comes to a point of leveling off, and if going on forever and ever even if the square miles are the same and the population is the same... Mr. Chapman: You have added conservation projects that you didn't have before. This is creating more work and does it create various other standards? Mr. McSweeney: Yes. In some areas, the job is not being done the way we would like to have it done. Mr. Busa: I would make an observation that our parks and play- grounds are in deplorable condition and nothing has.been done other than cutting the grass. In getting the sewers and sidewalks done, they have had to neglect playgrounds and parks. Mr. O'Connell: The most significant has not been mentioned - the impact of the wetlandscontrol act - the amount of work going into preparation, the administrative work, all approvals. We now have a great deal more work -under the wetlands act. Mr. McSweeney: There is One senior-engineer`and:an assistant town engineer and;. last year, we gave the figure of 1,500 hours;-, this year it is over 2,000 hours. There are a number of areas that we have to get the.. cost effectiveness ourselves. Chairman Kenney: In answer to Mr. Bailey's questions - 1. Are we leveling off in some areas? Mr. O'Connell mentioned wetlands, and Mr. Chapman mentioned that Conservation projects have resulted in a tremendous increase in the work. 2. Citizens' complaints are increasing each year, and those that go to Mr. McSweeney we are not responding to as quickly. This has been greatly increasing. In operations, we know we don't have more lines to paint, but we have to do all that we have. I don't think he is suggesting more work in parks and highways but rather to a better standard. 3. In Engineering, I would see a leveling off in another three years on sewers. On the other hand, they would be on wetlands. 1 1 1 141 Selectmen's Meeting December 2, 1974 Mr. McSweeney: If we can come up with a contractural program - putting out contract is another way of accomplishment. Also, if we can get some help in the administrative area. We are ready to put all of this in a program and to use the new vocational high school As a service. I am not saying I am looking for 18 people. To keep up.with the current load, these are the aims. Mr.. Bailey: Nobody is arguing with your cost effectiveness or analyses. The problem is, where did the need for 18 people arise? Everybody would concede that the work has improved, but where is the additional work coming from? How did the workload;.evolve in the 7 -year period during the evolution of the new program? I think there are good reasons for it and think you have to demonstrate positively that there`. is a need for additional people. Chairman Kenney:- When can you give us more information? Mr. O'Connell: In about a month. The Appropriation Committee and the. Personnel Advisory Board re- tired from the meeting. Chairman. Kenney read.a:.letter from Mrs. Elizabeth Whitman, 9 Demar Road, requesting additional parking spaces for Post Office pa- Post Office Irons. Parking After discussion, the Board agreed that three parking spaces in the driveway at the Town Office, Office Building, formerly reserved for official 'Town_ cars, would be designated as 15 -minute parking spaces for Post Office patrons during the month of December. The Director of Public Works/Engineering is to be instructed to make arrangements' to have signs posted for these three spaces. Chairman Kenney read a letter from Mrs. Christine Noyes-, 5 Tewks- Tewksbury bury Street, requesting that the sidewalk be constructed on the even- Street numbered side of Tewksbury Street as it would be uncomfortably close Sidewalk to her home at number 5. A report from. the Director of Public Works/Engineering recom- mended thata single sidewalk be constructed on the even -numbered side of the street. The Board agreed -to accept the recommendation and to inform Mrs. Noyes that the sidewalk would be constructed on the even -numbered side. Mr. Bailey left to attend the Appropriation Committee meeting and returned for Executive Session. Mr. Cole, Mr. Tarlin and Mr. Politi met with the Board to discuss Bicentennial Bicentennial plans for 1976. Plans for Chairman Kenney: We have had a general agreement all along for 1976 emphasis on 1975 in Lexington. The Board is willing to accept opin ions of the Bicentennial Committee regarding 1976. 142 Selectmen's Meeting December 2, 1974 Mr. Cole: In my opinion, emphasis is going to be on Philadel- phia in 1976. There will still be people coming here but, at best, it will be a regional thing. Chairman Kenney: I,agree with,you that we have.a safety factor, and you have a whole year to make any type of recommendation beyond what they are thinking. Mr. Busa: Does the Town Celebrations Committee realize they must submit a budget? Mr. Tarlin: We are meeting with them next Thursday. If the Selectmen agree that they take over on July 1, they willcome in with a budget. .Mr. Busa: We should have a dollarsafety factor. Mr. Cole: As I said, if treated as a non-significant year, they would revert to a. budget for a.regular year. Chairman Kenney: If we act on the assumption of a normal year, we plan for just an ordinary parade. You, ask what happens if they all show up - that would be a disaster. Mr. Busa: I am looking at the safety factor. Mr, 'Perlin:. If we have a crowd, preparations must be made in advance, by having money in the budget for contingencies. Mr. Busa: I. would hate to walk up to April 19, 1976 and say, "You people do it." We. should go back in theory to 1974. Chairman. Kenney: If we do it in theory, we do it monetarily. Mrs. Battin: We just won't have a parade in the afternoon; just a children's parade in the morning. Mr. Cole: From a physical standpoint, I don't think -the Town should -have it two years in a row. Every other year should be in a much lesser degree. Mr. Busa: We aren't encouraging them to come here. I am look- ing at the safety factor. Chairman Kenney: If there is a safety factor, we will cancel. Mr. O'Connell: -I would ask from whom can we expect to see the Town -Celebrations FY 76 budget request? We have not seen an expense budget originated by TCC since 1972. The Town Manager submitted the budget on their behalf, or they wouldn't have any money in the budget. Are they really doing it this time? Mr. Cole: They said they are. Mr. O'Connell: In connection with budgetary requirements for the 1976 Bicentennial activities (to appropriate Town departments a small bicentennial administrative budget for the continued use of the LBC in FY 76), based on discussion by the Board, it should be submitted under. Account 1147. There would be two budgets, one for 1147 and one for Account 2400. The budget has been $6,000 and most of that was for units in the parade. Chairman Kenney: Regarding the disbanding of the Bicentennial Committee... Mr. Cole: There should be some place where these activities can be coordinated where you wouldn't need the full committee. Selectmen's Meeting December 2, 1974 Mt..Busa: You say to make it a normal year. in 1976, and then you say there maybe some -activities in 1976. Mr. Cole: There would be activities on other.days,=other than April 19;'such as quilting, civic organization events not on' -April 19, and it wouldn't require money to do it. Mt.. Buse: We have had activities in 1971 to 1974. I am question- ing your theory, and you either make it the Bicentennial of '76 or. not. Mr. Cole: Play down '76 and play up '75 because that is "the" year. I would hope the concerts -would go on. Chairman.Kenney: It seems that you should at least go through 1975 and, as of January 1, 1976, you could then debate your reasons. We definitely want someone around at least through 1975. We are agreed in essence that, basically, 1975 is the Bicentennial year and 1976 is to be a normal year. Mr. Cole: Massachusetts has tourism as the 4th biggest industry. Boston has the<third. They aregoing to emphasize '75 and '76 equally. Federal public relations will be accentuating '76. I checked with the Boston Chamber of Commerce, and they expect the same_ size groups of tourism both years. We are talking about April and that is far more difficult to predict. If you expect, tonight, that.we treat it on the premise that the parade is to be scheduled in '76, then police, fire and DPW budgets should reflect sums of money. Chairman Kenney: We are accepting it on the premise that it is not going to be extraordinary. If we walk up to it, our point is that we had asked Town Meeting and the townspeople to do it -once, If the feeling develops that we are making a,tactical error.... Mrs. Battin: We not minimizing it but if -Boston -is inviting people, we'suggest that Boston take care of them. Lexington can't be the center for. two different years. Mr. Cole: I think that in '76 Lexington is going to get more tourists than:in '75. There are more conventions scheduled for Boston. It is a holiday in Massachusetts and Maine and, outside of these two, it is not a holiday. Mr. Buse: I --think there should be money in the budget. Mr. Tarlin: If people come to Massachusetts during -the -Bicentennial years, they are coming, to some degree motivated by history. I can't picture too many people coming -to Boston and not going the next 15 miles to where it all started. Boston feels the same way — that -they will go to Lexington, Concord and, possibly, Salem and -Plymouth. You can't say, "If Boston wants them, Boston keeps them." Mrs. Battin: If Boston has some event, they could keep them there for that. Mr. Tarlin: I don't know what the criteria will be to know what kind of crowd to expect from April -19, 1975 to April 19 1976. Chairman Kenney: Ours would be on April 20•in 1975, and then we would have an idea. We may only draw 75,000 in 1975. If inundated, we would realize there is interest here and then we take a look at 1976. 143 144 Selectmen's Meeting December 2, 1974 Mr. Busa: Then, where do you get the money? Chairman Kenney: We save by having a morning parade only. Mr. O'Connell: If there is a normal amount in the Police overtime budget, we can say; do we go through the day or shorten the day? That is the way we would have to do it. Chairman Kenney: We still have a big question mark on 1976. Mr. Cole: If we are hit over the head with facts, we can change our minds, too. The Board discussed the guest list for the 1975 Patriots' Day Bicentennial weekend. Guest Chairman Kenney: We would like you to add to your recommended list List of dignitaries to be invited on April 20, and include them for April 19 - r<presentatives from England, Mexico, Canada and France. We have a p-rticularly strong feeling thatthe invitation to England should be of a higher rank than just the Consul General. He would be invited but we s ould invite the Ambassador. Also, we would like to see developed some s.rt of reserved seating. You are so directed. Mr. O'Connell has some s ggestions. Mr. O'Connell: There should be some sort of reserved seating area f.r the elderly, and to extend -that seating on the beautification side u• to a maximum of '500 seats. There would be 500 for the elderly and h dicapped, and'500 to take care of this other category. Mr. Cole said that he would take the recommendations back to the f 11 Bicentennial Committee. Mr. Cole, Mr. Tarlin and Mr. Politi retired from the meeting.- Bedford eeting. Bedford St. Area Dr. Eric Clarke, Chairman of the Planning Board, came into the eting to discuss the following recommendations regarding improvements i the Bedford Street area. "As I remarked at the State Department of Public Works 19 November h=aring, the Planning Board continues its longstanding support of plans f.r alleviating the traffic congestion on Bedford Street at Route 128 a d the resulting impact on the surrounding neighborhood. It has now b: -en six years since the Town, in conjunction with the MIT Lincoln ••ratory underwrote the study by Roe Hendrick of the problem of im- p oving the traffic flow between Route 128 and Hanscom Field, which r_sulted in the concept of the Hartwell Avenue connector. The purpose o the connector was, of course, to provide an additional path for v icles moving from Route 128 to Gate 4 of the field, since the con- s itant had concluded that it would be uneconomical and undesirable to try to improve Bedford Street and its intersection with Hartwell Avenue to the necessary degree. Since 1969, when the study was published, the Planning Board has continued its consideration of the needs of the area, and at the same time has consistently supported the efforts of the Board of Selectmen to obtain the necessary State funding of the connector which, in its view, is a necessity if any real improvement in traffic flow is to be 1 1 Selectmen's Meeting December 2, 1974 gained.; It early concluded that widening of Bedford Street would be necessary to provide relief to the residents, and was able to obtain an effective setback of all new construction along the south side of Bedford -Street so that -liability for damages would be minimized. Later,-:iwhen metropolitan transportation needs became evident, it sup- ported the idea of making the present sanitary landfill available to the Maas._. DPW for fringe parking. All this was included in a letter to youdated 12 February 1973, on the subject of an environmental im- pact statement inconnection with the proposal to relocate Route 2. Since the implementation of these proposals would require con- struction in the ecologically sensitive Tophet Swamp, the Planning Board in 1973 obtained funds from the Town Meeting for a study to de- termine whether development could take place in this industrially- zoned area in such a way that runoff would have a negligible effect on the surroundings and in particular on the Shawsheen River. The results of this study indicate that, projects of the magnitude of the Hartwell Avenue connector. and the parking lot as proposed by the Mass.. DPW con- sultant can be safely carried out. The study data show that it would take considerably more filling of the swamp before its water levels and that .of the.Shawsheen at the exit of the swamp would be raised by more than a few.inches above their present maxima. In view of these results, which were obtained by a detailed, pro- fessional analysis of the swamp's hydrological characteristics, I be- lieve that an insistence upon a formal environmental impact statement for these projects would serve only to delay our achievement of badly needed•improvements in the area. The considerable amount of informa- tion ncpw available should permit an adequate environmental impact assessmenttobe made, and thereby save nearly two years in the process of completing this and the project for reconstruction of Bedford Street currently under TOPICS study." Chairman Kenney: We will write to the State Department of Public Works and enclose a copy of your recommendations. We will inform them that we are unanimous in our support of the project, andd our strong feeling is that a full environmental impact study would constitute an unnecessary waste of time and effort. We feel that the November 19 hearing, held by the State DPW, did show a positive reaction to the proposal, with..a small minority of several people who consistently oppose -any changes in the area. We are convinced that the project can be constructed without any serious, harmful effects and that it would represent a very important alleviation of the peak hour traffic prob- lem on Bedford.Street. Therefore, we strongly urge that.the Massachu- setts Department of Public Works promptly proceed with the final design and construct±on of the Hartwell Avenue Connector. Chairman Kenney: We have asked our Senator and Representatives to communicate with the State DPW on behalf of the Town. 145.. 146 Selectmen's Meeting December 2, 1974 The Board discussed a letter from the U.S. Department of Commerce - Economic Economic Development Administration, stating that on the basis of un - Development employment dataprovided by the U.S. Department of Labor, the Boston 'Act labor area statistically qualifies for designation as a redevelopment area. ".... your Town may become eligible for financial assistance under the Public Works and Economical Development Act of 1965, as amended, if the additional requirements for designation are met." Mr. O'Connell: The criteria would not fit Lexington's situation. Dr. Clarke: Lexington is too affluent for these programs. The Board agreed Upon motion duly made and seconded, it was voted to approve the Water recommendation of the Director of Public Works/Engineering to sign Abatements abatements of water bills for the following: James McCadden 9 Donald Street 9.45 Wrong meter reading Ginn & Company Spring Street $1,455.67 Incorrect reading 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 10:20 p.m. A true record, Attest: ..J 1 Executive Clerk, Selectmen SELECTMEN' S MEETING December 9, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 9, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown and Mrs. Battin:' Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy,; Executive Clerk, were present. Mr. Kenneth Briggs, Planning Director, introduced Mr. William Loudon to the Board as the new Planning Intern. Board members welcomed Mr. Loudon and wished him success as a new employees of the Town. Mr. O'Connell advised the Board that the new section of guard rail on ,Lowell Street, at the Burlington Arcade, will be ready for in- stallation within the week. As authorized by the Board, a contract was awarded for $2,800 to provide for that section of guard-rail. Emergency measures had to be taken because the developer had created a safety hazard in the area. We believe that this will soon be under control. Mr. O'Connell discussed the People's Bicentennial Commission. Mr. Randy Barber had talked to me concerning their planned activities on April 19. I asked -him to write to me and give complete identifi- cation of the organization and to list the activities. In the letter, he did not give identification but indicated a desire to participate in the parade and to have a booth for literature; also, to provide a number Of roving theatre groups performing on street corners, and suggesting that the Town provide public properties for a staging area for their activities, and requesting the use of Hastings Park for an exhibition. He asked if any approval was necessary for a parade from Concord -to Lexington, ending in Hastings Park. After hearing from Mr. Barber, 1 -asked him first to provide identification but that the matters.of parade participation and roving theatre groups would come under the program responsibility of the Bicentennial Committee, and to apply through the Director and the matter would be handled from there. With respect to a booth, I advised him that we were going to keep all groups out of the area. On the request for the use of public property, I described the problems in connection with the many demands but that we would sit with him to discuss what their problems and needs are. On the parade, I told him of problems in connection with preparation for our major. parade. A meeting is scheduled tomorrow with Mr. Barber, Chief Corr, Mr. Tarlin and me and, after that, we will have specific details. irman Kenney: What is Mr. Barbers' connection with the People's Bicente ial? Planning Intern Burlington Arcade - Guard Rail People's Bicenten- nial Commission 1.48 Selectmen's Meeting December 9, 1974 Mr. O'Connell: It is my impression that he is acting as their area representative, as a paid employee handling the plans and pro- grams for propaganda during the bicentennial period. Chairman Kenney: I agree with the approach you are taking, and the fact that you are meeting with him to give the Town's posture but would tend to let this group know that if their requests are reasonable and within the scope and we can accommodate them, fine. However, they must realize they must operate with the rules and regulations, and have a proper, peaceful demonstration. Mr. O'Connell agreed to pursue the matter along those lines. Chairman Kenney read a request from the Town Clerk regarding pre- Precinct cinct registrations. Registra- Upon motion duly made and seconded, it was voted to eliminate tions - precinct registrations prior to the 1975 Annual Town Election and all voter registrations are to be held in the Town Clerk's Office. Cert. of Upon motion duly made and seconded, it was voted to certify the Incorp. character of Jacqueline B. Davison and Manfred P. Friedman, who have applied for Certificate of Incorporation, "Friends of Walden Pond, Inc." Chairman Kenney read a memo from Police Chief Corr stating, "As Police you know, the Town. Manager, Town Counsel and I have discussed at length Civil the problems we have had with the Division of Civil Service regarding Service the calibre of men on the police list, and our inability to fill our vacancies with what we consider desirable candidates. As.a result, we feel that an Article should be placed in this year's warrant asking Town Meeting's permission to petition the General Court for legisla- tion to remove the Lexington Police Department from Civil Service, while at the same time granting a tenure system similar to what the policemen presently have." Chairman Kenney: Are there any other municipalities that have taken this approach? Mr. Cohen: Yes, a few. Chairman Kenney to Mr. O'Connell: What is your recommendation? Mr. O'Connell: My recommendation is that a space be reserved for an Article in the Warrant of the 1975 Annual Town Meeting to cover this. Upon motion duly made and seconded, it was voted to reserve space in the Warrant of the 1975 Annual Town Meeting for an Article to peti- tion the General Court for legislation to remove the Lexington Police Department from Civil Service. Chairman Kenney read a letter from Mr. Manfred Friedman request - Hanscom ing that the Board of Selectmen take a position similar to that of the Field Lincoln Board of Selectmen against keeping Hanscom Field open at night. Friedman Lincoln has let Massport know of this position, with a request that Hanscom Field be closed to all but emergency traffic from sundown to sunup. A public statement by the Lexington Selectmen in support. of Selectmen's Meeting December 9, 1974 night-time flight restriction would: help ensure Hanscom Field retain its current status for use only by small airplanes; serve notice of Lexington interests for the people who will be preparing a Hanscom Field Master. Plan, Chairman Kenney This is of such importance that I have asked Mr. Brown aad Mr. .0'Connell.to get information on it. Mrw Brown: I was surprised at this letter because the Lincoln Board.olE Selectmen had written to the Hanscom Task Force that its offi- cial position was that operations should be of a character that mini- mizes night and weekend noise offensive to the surrounding•communities. I called the Lincoln Board of Selectmen and they said they requested Massport for a curfew "if no substantial injury to the operation of the airport, results and, perhaps, not to have frivolous flights at night;" that means, flights that take off at the airport, go nowhere, and come down.• 2t is their feeling that the statement Mr. Friedman suggests, "to help ensure Hanscom.Field to retain its current status for use only by small airplanes," would have the opposite effect with a sundown to sunup curfew. This would mean closing the airport at 4:00 o'clock in the afternoon at this time of year, and the people who use it are busi- ness men and those coming home for supper with their families, and this would be between 6:30 and 8:00 p.m. No airplane comes in after 10:00 p.m., the tower closes up and -the runway lights are turned off at 11:00 p.m. Emergencies are handled with control being operated from Logan Airport. Asking for a statement from the Board that this will "serve notice of Lexington interests for the people who will be preparing a Hanscom Field Master Plan," is not in accordance with the facts. As you know, I am Chairman of the Hanscom Task Force and we are developing a plan right new. . Conservation Commission, Planning Board, and the Town Engi- neer have fed information into this master plan and, obviously, Lexing- ton is interested. We should send an answer to Mr. Friedman that Lexington should do nothing about it at the present time Mr. O'Connell: I discussed it on the telephone with Mr. Hidinger, Massport Manager at Hanscom, and he confirmed what Mr. Brown has said. He indicated verbally that, basically, he had been in contact with several: of the larger industries of the area for a statement from them on how it would impact their businesses. Three of them had said that curtailing night operation would be seriousas they felt that Lexing- ton has, businesses which would be using Hanscom Field. The Board agreed not to issue a policy statement on a. curfew on night flying at Hanscom Field, and to so inform Mr. Friedman by letter outlining the above mentioned reasons. Chairman Kenney read a request from the El sion ofl-hours on New Year's Eve. Up sion to license ks Club for an.exten- n motion duly made -and seconded, it was voted the Elks Club for an extension of hours under to 2:00 a.m. on New Year's Eve. 149 Elks Club New Year's to grant permis- Eve the Club liquor J0 K ofC Extension of Hours Request for Establishment of Historical Commission Selectmen's Meeting December 9, 1974 Chairman Kenney read a request from the Knights of Columbus for an extension of hours on May 10, 1975 to 1:00 a.m. Their hall has been reserved for a non-profit charitable organization after a concert at the High School. Upon motion duly made and seconded, it was voted to grant permis- sion to the Knights of Columbus for an extension of hours under the Club -liquor license to 1:00 a.m. on May 10, 1975. Mrs. Elizabeth Reinhardt, Mrs. Ruth Morey, Mr. Larry Whipple, Mr. Dan Fenn, Mrs. Georgia Williams, and Mr. Roland Greeley met with the Board to request an Article in the Warrant for the establishment of an Historical Commission of the Town of Lexington under the provi- sions of G.L. Chapter 40, section 8D. Mrs. Reinhardt: We would like to establish an Historical Com- mission so that we can become part of the state planning program. The advantages are two -fold and, once admitted to the national regis- ter status, we would beeligible for state and federal funded projects. Mr. Bailey: Why do we need another historical group? Mrs. Reinhardt: The advantage is that we could have private funds. Chairman. Kenney: We would assume that the Historical Society would continue as they have in the past and they would be custodians of property such as Buckman Tavern? Mrs. Reinhardt: The Historical Commission does not want property. A budget of $500 a year would be adequate for us. Mr. Busa: Since you wouldn't abolish the Historical Society, I assume they would work together? Mrs. Reinhardt: Yes. Mr. Busa: I disagree with you in being able to obtain federal funds; who is going to be leading the commission? Who will make deter- minations and decisions on what is best for historic places? Mrs. Reinhardt: Historic Districts would continue to answer and the Lexington Historical Society would work with them. It would be determined by the immediate situation of any given case. I -have been to the Historic Districts Commission and they are very supportive, in- cluding Chairman Jaquith. Mr. O'Connell: I would comment on the matter of appointment. I believe it is the intent of the law, as applying to Lexington, that appointment would be by the Manager with approval of the Selectmen. My question is, "Do you know of anything that the Historical Commission intends to do that the Historical Society either is unable orunwilling or unauthorized to do? Mrs. Reinhardt: Our intention is that, primarily, our responsi- bilities would be as a legally established commission. Mr. O'Connell: Then -there is benefit to the Town if we have a legally constituted commission but the appointments should be from one and the same thing (Historical Society) but to be two different entities, the responsibility rests substantially with the same group of people. 1 1 1 151 Selectman's Meeting December 9, 1974 Mr. Greeley: If the Historical Commission identifies a property, it can act on its own -but if it sees the need for an additional his- toric district, it,would have to act through Town Meeting, Chairman Kenney: We agree to endorse your request to insert an Article -in the. Warrant for the 1975 Annual Town Meeting and it will be submitted as a Selectmen's Article rather than a Citizens' Article. We would request that a member of your organization be prepared to carry the Article. at Town Meeting. The members agreed and retired from the meeting. Chairman Kenney informed the Board that applications have been re- Renewal ceived for renewal of Package Stores licenses. $1,500 fee has been re- Package ceived from each. Stores Upon motion duly made and seconded, it was voted to renew the Package'Goods licenses for the following: Berman'$ Market Inc. 55 Mass. Ave. Joseph Trani 1775 Mass. Ave. Busa Bros. Liquors, Inc. 131 Mass. Ave. Vinebrook Corp. 1700 Mass. Ave. Mr. Busa abstained from voting. Chairman Kenney informed the Boardthatapplications have been re- Class 1 ceived for renewal of Class 1 licenses; also, Class 3 license. $25.00 Class 3 fee for each. Renewals Upon motion duly made and seconded, it was voted to renew the Class 1 licenses for the following: Class 1 Class 3 Auto Engineering, Inc. Colonial Garage, Inc. Rowe Chevrolet, Inc. 436 Marrett Rd. 1668 Mass. Ave., 33 Bedford St. John P. Carroll Co., Inc. 31 Allen Street The Board discussed the Village Circle island and it was agreed Village to arrange a meeting with the residents of the area. Circle Upon motion duly made and seconded, it was voted to cancel the meeting scheduled on Monday, December 23, 1974. 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 and resume the open meeting. 1 .152 Selectmen's Meeting December 9, 1974 Mr. Alden Webster met with the Board to discuss his property located Alden Webster at 113 North Street. 113 North St. Chairman Kenney: As I understand it, you own the house at 113 North Street and you intend to enlarge it; as a consequence, you would lose one- half of nehalf'of your driveway. Mr. Webster: Yes. The area is quite small there and it would be awkward to extend the house there. Chairman Kenney: Your question is if you could acquire a piece of town -owned land -on the other side. If it were tax title, itwould be relatively easy, but it was acquired by the Town for playground or recrea- tional purposes. Under Article 13, 1957 Special Town Meeting, the Town bought 10.9 acres. As,a.bulk, this land is for wetland and conservation purposes and we would never consider selling it. The Town does have a 50 ft. easement on Vine Brook. The Town property line is 8 or 9 feet from the house. Is the piece you are asking for high and dry? Mr. Webster: Yes; it is presently yard area. Mr. O'Connell: I have.a suggestion after hearing of Mr. Webster's problem as to whether the Town, could give him a right-of-way or an ease- ment for passage on Town. land. It would still protect the Town's desire to keep the fee. Mr. Bailey: An easement or right-of-way means a Town Meeting vote. We should go back to the point of whether it would ever be used for the purposes for which the Town acquired it. Mr. Busa: We could save a space for an Article to be put in the Warrant. Chairman Kenney: I think we should ask Mr. Webster to approach the Planning Board. All we want is an indication from them on how they feel about it. The Board agreed to write to the Planning Board and request that they arrange a meeting with Mr. Webster to discuss the matter. Mr. Webster retired from the meeting. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or voting on matters Session 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 concerning members of Town Boards, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:35 p. A true record, Attest: Executive Clerk, Selectmen 153 SELECTMEN'S MEETING December 16, 1974 Alregular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 16, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy,' Executive Clerk, were present. Memibers of the Committee on Aging of the Lexington Council of Con- Counsel gregaticns, met with the Board to request the Selectmen to consider en- on Aging dorsing an Article for the Town Warrant that would establish a local Article Council on Aging, under the provisions of G.L. Chapter 40, Section 8B. Rev. Shirley Goodwin: We have explored the activities of other councils -that .have been operating a number of years. When considering the .aspects .of a Council on Aging in Lexington, a small committee was formed Consisting of people working with the elderly and also with. the Council of Congregations, to study the needs of the aged in .Lexington. Of the 350 cities and towns, there are 240 councils on aging, whibh indicates there. is -a real function to perform and a realneed to be fulfilled. There .are :4270 people over 60 years of age in Lexington and 2494 over 65. We request that the Board endorseand consider this Article for the Warrant. Another special function is the council re- lationship to.the-state.and federal. programs -:and, as a Council of the Town, we would be eligible to receive funding. It is difficult to pick out any particular community as an example of process, program or fund- ing. Thie character is determined by the local people themselves. Wel- lesley chid send us a newsletter regarding the activities of their council and thereis a listing of 34 merchants cooperating in giving discounts to the elderly_ In our local organization, we have. four co- operating.merchants, which gives you an idea of what a Council on Aging can do to satisfy the needs of all aging people in the area. Rev. Zoerheide: I talked with Concord and I have material from Wellesley, Needham andWinchester. I explored this regarding a budget model and what the performance is. Concord is using the Council chiefly in the way of an administering program, such as mealson wheels; this isnot our intent. Some .councils come in with a modest budget fig- ure and it hasn't changed 'in years. Needham has not changed, but Arling- ton has a huge budget. We have thought about the character of Lexington, based on our study of two years and, on that basis, we have -agreed upon a budget request for a Coordinator at $2,500, or at a rate set by the Town; Concord sets.the rate between $3-3.50 per hour, classified as a Clerk. It would probably -be $500. for telephone and office supplies, also for a. newsletter and mailing. (This is the key to communicating with 2,000 people in the Town in reaching them by a newsletter. We view this as the key part of the program; with possibly six mailings at $750 per year. Many people aren't even able to subscribe to a newspaper.) 154 Selectmen's Meeting December 16, 1974 $200 for travel, to visit other councils and area meetings. The State Department of Community Affairs has $2,000. to start up with equipment and furnishings, but not salaries. The monies available are starter monies but would only be available if you have a council. Chairman Kenney: What is Arlington's annual budget? Mrs. Zoerheide: They will be applying for $60,000. Rev. Zoerheide: We are interested in using the schools for mimeo- graphing. We base our request on. office space for free and volunteers to work with the council, and. that is the area of growth we would con- sider. Mrs. Battin: Are you thinking of staffing with senior citizens as coordinators? Rev. Zoerheide: Thatis a decision we can't make. It would be done by the council. It would depend onwhat you are able to get with job qualifications; if they are good, we would say, "great." We wouldn't want to be pinned to that. Mr. O'Connell: Clarify the legal status. Who is his employer? Rev. Zoerheide: I believe he would be an employee of the Council on Aging. Mr. McCrea, Regional Coordinator -Dept. of Community Affairs: Yes, as a member of the Council on Aging. Mr. O'Connell: Is he eligible under the state retirement system? Mr. McCrea: He is a state employee. Mr. O'Connell: Is that employer eligible for the state retirement system? This helps define the legal status. Mr. McCrea: I am afraid I am not able to answer. The'question is, "Are part-time employees eligible for that which you specify? Mr. O'.Conne11: There will be a host of questions. Mrs. Battin: We could check with Concord. Mrs. Zoerheide: In Burlington and Woburn, they are considered town employees, although they answer to the Council on Aging. Mr. O'Connell: I.question whether that is legal. Mr. Scanlon: They would have to work 25 hours or more. .Rev. Zoerheide: This we would not view with practicality; we are thinking.of not_ more than. 12 to 14 hours a week. Chairman Kenney: Mr. O'Connell is trying to zero in on whois re- sponsible for this employee, and if he is responsible in some way to the Town Manager. That is why we are attempting to define the legal status. Rev. Zoerheide: If the Selectmen approve it, this is something the Selectmen would have. to work out. Mrs. Battin: To answerin terms of the Town Manager Act, the Coun- cil on Aging would set the policy, but it would be under the Town Manager. Mr. O'Connell: In that case, he would be an employee. Mrs. Battin: The Council would set the policy and he would carry that out. Mr. O'Connell: Is this budget intended to be in addition to what the Town spends on the elderly or instead of? Selectmen's Meeting December 16, 1974 Rev. Zoerheide: There again, the Selectmen would have to answer. If some of the funds that were presently used, if the Selectmen feel would appropriately be applied,. .that is a policy`,we would:not want to make. This is something the Selectmen, in their wisdom, would hesitate to invade. Mr. O'Connell: I didn't understand the mailing to 2,000 people. Mr. Zoerheide: There are 2,500 people who are 65 or over, 200 of whom are not actively engaged. Mr. O'Connell: You mentioned $700. for six mailings; it would run $1,.000. juft for the postage. Or is that just the printing cost? The Town is currently. absorbing $500-600. in a newsletter to the elderly. Ftev. Zoerheide: It is our hope we could get a mimeographer from the Town or the schools. We.don't have the program so we couldn't ask for it., There is a lot of hope that the Town could cooperate -with the mailings.It istoo bad if it is judged by a figure which is too low. Mr. O'Connell: That is what I meant. Rev. Zoerheide: Unless it were dovetailed by something else. Chairman Kenney to Mr.. O'Connell: What is the membership now? Mr. O'Connell: Between 500-600. Mr. Greeley: I believe we could call on the resources of the Committee and we could stay within the budget. Rev. Zoerheide: In Winchester, they have already achieved a co- ordinated newsletter that serves -all the aging. This, we could do and cut the cost. This would depend on the spirit of cooperation. Chairman Kenney: _Get us additional information for typical budget for other towns like Wellesley and give us one paragraph on what their program is so that we would have an idea. Rev. Zoerheide: We have it but hesitated to give it to you be- cause we. don't have any such contemplation. Mr. Bailey: There is no problem of this Board supporting you but there is a problem in how.far we go in supporting the funding. Rev. Goodwin: We will get the material for you. Chairman Kenney:' We will insert an Article in, the Warrant for the establishment of a Council -on Aging and we will look at the status of employees in terms of the Town Manager Act. When it goes to Town -Meeting, we would expect you to be prepared to carry the Article. This -is a new proposal and will take a great deal of explanation to Town Meeting Members. Members of the Committee on Aging of the Lexington Council of Aging retired from the meeting. Mr. Robert Tarlin, Bicentennial Director, and Mr. Roland Greeley, Bicentennial Committee, met with the Board to discuss emergency trail- er parking. Mr. Greeley: Town Meeting authorized the construction of emer- gency !amping facilities on Town -owned land and appropriated $3,.500 for FY 75,Iwith the understanding that there would be funding of operations in FY 76. I would estimate another $3,000 for operating beyond FY 75. 155 Emergency Trailer Parking Area 156 Selectmen's Meeting December 16, 1974 Mr. O'Connell: I agree with $3,500 but I believe Town Meeting said that would be all they would appropriate. Mr. Tarlin: But we said that we must have money. Mr. O'Connell: They heard you but didn't take action.. Mr. Greeley: The recommendation was to be on the condition to have emergency facilities to accommodate the demand. We feel there is less likelihood now than we did a year ago. I_ don't see how anyone could say it would be needed or not be needed. We hope there wouldbe enough volunteer offering of driveways pursuant to the zoning change and a clearing house operated by the Chamber of Commerce that, would take care of emergency needs on driveways of citizens. There was an amendment on Town Meeting floor that made the availability of those driveways, sub- ject to the condition there would be nochargeforthem. We are of the opinion that probably.the Town could get by without an outlay for the High School parking lotto provide for these facilities, but to provide through privateproperties or by using the back of the Police Station or school building parkingspace, as is currently done in emergencies now. Mr. O'Connell is less optimistic than we are that emergency needs can be provided without special facilities. Our biggest concern is the word-of- mouth advertising if we develop a facility and create a negligible demand for the use of the facility, and we don't see a clear way of keeping that demand down. We are concerned about the amount of control we would have. We feel sure that the Town doesn't want to run.a commercial trailer facil- ity but don't see how.we can limit it. On the other hand, we could be in a position to take care of only self-contained trailers in, driveways and out back here. Those that need electricity and water hookups could not be accommodated. I am Mr. Bailey: How missive or mandatory? Mr. Greeley: My the wording. Mr. O'Connell: My interpretation agrees with Mr. Greeley's. If the Committee felt it had a mandate, they now have a different judgment. Town Meeting was not mandating this but said, "If you need the money, here it is." The initial thinking in my view, was that it may be consistent to say that all we are providing isemergency; to supply water, sewer and power, that is permanent. If providing for a stranded camper, all we could do is supply space. If it is an emergency, I don't think the area has to be that handy to the Center. Perhaps the whole thing could be met if we allocated a paved, lined area and to continue what we are doing now but only on a larger scale, or try to deal with the stranded camper. Mr. Greeley: There are three major costs involved, (1) the installa- tion of services of water, power and, maybe, sewer; (2) when we talk of the location, the important factor is policing. We think we should not go into it with custodial services during the night, and that would be the third basic factor. If these are not needed, would some place like the High School be sufficiently well lighted or visible? The place out back here, however small, is easier to police. trying to give a balanced picture. do you interpret the Town Meeting vote -as per - interpretation is "authorization" but I do not have 1 1 1 Selectmen's Meeting December 16, 1974 Chairman. Kenney: That still may be the best place. Mr. O'Connell: We may be subject to the EPA revised control laws. If the.Police put vehicles in there to solve some traffic hazard, that would make a difference. Mr. Greeley: I agree to using the High School but don't know the problems. In Town Meeting, we, talked about having someone there at night but if we do not supply services, we don't need him. If just park- ing thejre for the -night, I think it would fill the bill. Chairman Kenney .to Mr. O'Connell: .How many are parking out now? Mx. O'Connell: One or two a night. Providing running water would be no problem. The Town has a problem it is going to have to answer about a sewage disposal arrangement. Just to take care of private park- ing, on, the matter of power, I think it could be done but if it is -a matter of true emergency, the more hookups you have, the more inviting it becomes. Mr. Bailey: What are the possibilities of walking up to this as we go along? To use this area as "the" area this year and the minute we get into trouble you could probably cause some other area in the Town to be "the" place. We should have some central disposal place. Mr. O'Connell: Yes. ChairmanKenney:. The only thing you wouldn't have would be FY 76 money. Maybe we could hold over the $3,000. Mr. O'Connell: If just a little of this was spent for a water tap, you'wou{ld have much money. M. Tarlin: You are on the way to providing a dumping station; Mr. McSweeney verbally told me he will do it at the Barn. What we are talk- ing about is an emergency place and this requires no running water or power, and also means some place to go late at night. I agree with Mr. Bailey of walking up to it, and provide no power, and they could come in at 8, 9 -or 10 p.m. and be out by 6 or 7 a.m., at the latest 7:30; and not interfere with daily traffic. They might be unhappy to get out by 7 or 7:30 but it is an emergency area. If there is not sufficient space in back of the Police Station, I would say it should be in the area but moved out a bit. Mr. O'Connell: Who would police it? Mr. Tarlin: A Policeman. MY. O'Connell: No, they don't police it. Mr. Tarlin: I meant -just as they police every street in Town. Mr. O'Connell: Nobody tells them to get out - at no time. Chairman Kenney: We can walk up to that element when we get to it. Mr. Tarlin: If we do anything on a formal basis and other towns are not establishing them, they will say, "Lexington has one." M$. O'Connell: I think the Information Center can handle it. Mr. Greeley: If this is a concurrence, we won't ask for money in the FY 76 budget. We can walk into this and do better than break even. 15 158. Selectmen's Meeting December 16, 1974 Mr. O'Connell: I believe the Board of Health would ask us to have running water. Mr. Greeley: Are there taps on the High School building? Mr. O'Connell: Yes. It was agreed by all that the Bicentennial Committee would not re- quest funds for FY 76 camping facilities. Mr. O'Connell advised the Board that we have finally received ap- Additional proval from Civil Service, after two painful years of difficult delays, Policemen for six permanent Police Officers. Additionally, we are awaiting approval to transfer into Lexington a very promising man with three years of police experience.. These six, plus the transfer, will fill seven of the vacancies in the Police Department. Mr. O'Connell informed the Board that the resignation of Mr. Paul Personnel Sidman has been received. Advisory Upon motion duly made and seconded, it was voted to accept, with Board regret, the resignation of Mr. Paul Sidman as a member of the Personnel Advisory Board. Mr. O'Connell informed the Board that he had conducted a meeting with representatives of the People's Bicentennial Committee -Randy Barber People's and Pamela Shea, Mr. Busa, Chief Corr, and Mr. Tarlin. Mr. Barber ex - Bicentennial plained that there would be two kinds of a Bicentennial observance on Committee April 19, the one which the Town planned and the one which they plan as a preliminary protest. We explained the procedures in applying for approval of activities and: specifically asked them to apply to the Bicentennial Committee for participating in the parade and to put on skits. That their application would be given consideration under the same criteria as others. We also explained the method of applying for consideration of the literature booth and for applyingto the Board for permission to use Hastings Park. Chairman Kenney: I agree with the procedures you are requesting that they follow. The Town Board or Commission which has to make the recommendation could, and should, look at the merits of each request. Our primary responsibility is to the people of Lexington. Is he going to proceed and apply to the Bicentennial Committee? Mr. O'Connell: That is up to them. Burri Land - Chairman Kenney read a request from Town Counsel to sign the deed Reconveyance conveying part of Holland Street back to Mr. and Mrs. Lucidino Burri, in accordance with the vote of the 1974 Annual Town Meeting -Article 62. Upon motion duly made and seconded, it was voted to sign the follow- ing deed reconveying.a portion of Holland Street to Mr. and Mrs. Lucidino Burri, 14 Holland Street, Lexington: 1 1 1 169' Selectmien's Meeting December 16, 1974 "The Town of Lexington, a municipal corporation in Middlexex County, Commonwlealth of Massachusetts, acting by and through its Board of Select- men undier and by virtue of the power conferred on it by a vote of the Town Meeting duly called, warned and held on March, 4, 1974, namely at an ad- journed sessionheld_ on April 22, 1974, a copy of which is hereto annexed, and every other power it hereto enabling, for consideration of One Dollar ($1.00) paid, grants to Lucidino Burri and Marguerite Burri, as tenants by the entirety, all its right, title and interest in and to a certain parcel of land situated in said Lexington, bounded.and described as follows:: Bleginning at a point on the southerly sideline of Holland Street, said point being N 44°-58'-11" W distant 54.82 ft. from the point of interseption of a non tangent curve of 33.00 ft. radius and 43.59 ft. lengthy thence N 46°-53'00" E distant 40.29 ft. to a point on the northerly sideline of Holland Street; thence N 30°-39'-35" W distant 30.72 ft. to a point; thence S 46°-53'-00" W distant 48.00 ft. to a point; thence S 44°-58'-11" E distant 30.02 ft. to the point of begin- ning all as shown on a plan entitled, "Plan of Discontinuance of a Portioni of Holland Street, Lexington, Mass., Scale 1" = 20' Jan. 15, 1974, James Z. Chase, Town Engineer," to be recorded herewith. Said parcel con- tains 1329 square feet of land, more or less, according to said plan. This conveyance is made subject to the rights of the Town of Lexing- ton to is 25 foot drain and sewer easement as shown onsaid plan. For title of grantor see an. Order of Taking recorded with the Middlesex South Registry of Deeds on May 10, 1973 in Book 12430, Page 6. No documentary stamps are attached hereto, none being required by law. 7,n Witness, Whereof the name of the Town. of Lexington has been hereto affixed, and the instrument has 'been executed in its name and on its behalf by a majority of the Board of Selectmen and sealed with the Town Seal this Sixteenth day of December, 1974. TOWN OF LEXINGTON By Allan F. Kenney Fred C. Bailey Alfred S. Busa Sanborn C. Brown Margery M. Battin Marjority of the Board of Selectmen" 160 Selectmen's Meeting December 16, 1974 The Board discussed an award of damages to be made to Mr. and Mrs. Burri Burri. An appraisal had been made by W.H. Lyon for an award of $500, Damages and the Board agreed to $480. Upon motion duly made and seconded, it was voted to award damages in the amount of $480 to Lucidino and Marguerite Burri, 14 Holland Street. The Board approved the request from the Director of Public Works/ %Maguire Engineering to sign the contract with C.E. Maguire on the Turning Mill Turning Mill Road Sewer. Sewer Upon motion duly made and seconded, it was voted to sign the con- tract with C.E. Maguire, Inc. for engineering services, ecological monitoring, and inspection of the Turning Mill Road sewer project in an amount not to exceed $10,050. Upon motion duly made and seconded, it was voted to table the re- quest of the Massachusetts League of Cities and Towns to endorse a resolution for the continuation of the revenue sharing program. Resignation Upon motion duly made and seconded, it was voted to accept the Town Celebra- resignation of Mr. James F. Fenske as a member of the Town Celebrations tion Comm. Committee, effective immediately. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meetings of November 18 and June 17, 1974. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of In - !Cert. of corporation: IIncorp. Paul F. Duggan 70 Freemont Street "Van Line Agents Protective Com., Ind." Martha H. Ziegler 11 Walnut Street Federation for Children with Special Needs, Inc." Upon motion duly made and seconded, it was voted to sign liquor licenses for the following: Mr. Busa abstained. 1975 Liquor Package Goods Stores: Address: Licenses Lexington Liquor Mart, Inc. 58 Bedford St. Clubs: Knights of Columbus Building Association Inc. 177 Bedford St. B.P.O.E. Lexington Lodge #2204 959 Waltham St. Selectmen's Meeting Upon motion duly made and seconded, it was voted to 1975 Common -Victualler licenses for the following: Amick Enterprises, Inc., d/b/a Dunkin Sutton Place, Inc. Blrigham's d/b/a Buttrick's Jeffro, Inc. d/b/a Deli-Shuss Brigham's Minute Man Restaurant Take Home Foods of Lexington, Inc. d/b/a Kentucky Fried Chicken Upward Johnson's Harold Butler Enterprises d/b/a Denny's Le Bellecour Restaurant Donuts 373 399 34 1841 1775 1715 December 16, 1974 sign the Waltham St. Lowell St. Bedford St. Mass. Ave. Mass. Ave. Mass. Ave. 211 Mass. Ave. Route 128 438 Bedford St. 10-12 Muzzey St. The Board discussed a request from Mr. William J. O'Neil for consideiration of changing the street name to Lee Lane for the three homes now located at 905A, 905B, 905C Massachusetts Avenue. A re- port from Mr. McSweeney recommends against it because there are presently two streets named Lee in the Town. The Board agreed to accept Mr. McSweeney's recommendation and to so inform Mr.. O'Neil. 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 with the Conservation Commission and the Appro- priation Commission concerning land acquisition articles, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:40 p.m. A true record, Attest: Executive Clerk, Selectmen 161 Common Victualler License Request for Street Name Change - Wm. J. O'Neil Executive Session 1.62 Jurors Selectmen's Meeting December 30, 1974 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 30, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Buse and Brown, and Mrs. Battin; 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, six jurors were drawn: Jacqueline M. Katzenstein, 8 Fairfield Drive; Lawrence H. Branhall, 277 Lowell Street; Peter P. Volante, 67 Bridge Street; James Van Cleve Potter, 25 Summit Road; Gene Paul Court, 21 Captain Parker Arms; Arlene Doris James, 20 Parker Street, Chairman Kenney declareld the hearing open on the petition of the Boston Edison Company to install one pole for electrical service tp Tektronix, Inc. Notices of the hearing were sent to the abutters, as shown on Bos.Edsn. the plan of petitioner, and also filed with the Director of Public Pole - Works/Engineering. Bedford Mr. Robert Blake, Boston Edison Company: This proposed pole is St. - on the same side of Bedford Street as the building it will service. Tektronix Being a State highway, we have already applied for a State permit. Chairman Kenney read a recommendation from Mr. Coscis, DPW Manager, that permission be granted. No one appearing 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 for the following location: Bedford Street, southwesterly side, approximately 206 feet sdutheast of Hartwell Aveune, one (1) pole. 6/96A. Mr. Louis Lehner, Chairman of the Town Report Committee, met with the Board to recommend the award of the contract for printing the 1974 Town Report. 1974 Town Mr. Zenner: Four bids were received, the highest of whkth was Report $21,590. The lowest bid from Martin Printers at $7,427 looked Contract attractive but was withdrawn as the specifications were misread. Semline, Inc. bid $8,017 and Acme Press bid $7,995. Our relation- shipwkehSemline has been very happy and the work has been of a very high quality. Although it is in excess of the low bid by $22, I recommend that the Selectmen approve Semline. Mr. O'Connell: I am in full agreement with his recommendation on Semline. 163 Select*en's Meeting December 30, 1974 U'on motion duly made and seconded, it was voted to award the contract to Semline, Inc. of Braintree for the printing of the 1974 Town Report in the amount of $8,017. 4. O'Connell requested that the Board vote to close Town Offices on January 15, 1975 as an additional holiday, Martin Luther King Day. Holiday - Upon motion duly made and seconded, it was voted to close Town Matpt®m L. Offices on January 15, 1975. King Day Mr. O'Connell informed the Board that the Energy Conservation Program is developing speed again and the government will ask for local action. It is something we should be working on. A letter was received from the State energy policy office asking the Town to Energy create a home heating assistance counsel. The Town made plans last Conserve - year but didn't implement them. They are asking that we designate tion an agency or individual for local problems, for people who can't afford it because the oil is too expensive. I would point out that it is completely unfair as tt points to welfare but they think it is a local problem. I don't know of any funds and I think we should start at the beginning and make facts clear that there is no solution at the local level. Mr. Buse: We could write back that we don't have an office nor finances. Welfare is under the State and unless they want to fund local cities and towns, we would be unable to cope with it. Mr. O'Connell: The Charitable Trust Fund is handled by the Trustees and funds released by the Selectmen but I think we would have legal trouhlb•_nf we attempted to use taxpayers funds. We have neither the authority nor the legal right. I will bring back re- commendations to the Board. Mr. O'Connell discussed^. the Sate Census. The customary census is taken on January 1, 1975 and the State Census is a separate one to be taken on March 1, 1975, as outlined in the letter from Secretary Guzzi. The Town Clerk believes that it would be physically impossible for her office to do this one because of the annual election and the preparation for Town Meeting; plus updating the list of citizens 18 years or older. Chairman Kenney: Why do they want us to do it again in March? Mr. O'Connell: The State Census is on the basis of domicile in., habitants and January 1 is on the basis of residents. Chairman Kenney: Do they want March in order to have data avail- able for redistricting for -the House? Mr. O'Connell: Yes, and it is to be all done by December 31, 1975, for a census report to the Legislature. I hope what we did on the nine precincts puts Lexington in an adequate position for a 10 year period. We have no redistricting problem in 1975 and won't see State Census 164 Selectmen's Meeting December 30, 1974 that much of a population change. Reimbursement is based on population, and Itnnot sure that we have been paid for the last one yet. Our information is some!ehat limited now and we will have to wait and see. The Board agreed. Mr. Busa left the meeting at 8:00 p.m. and, therefore, did not Busa participate in any discussion of the following item. Realty Trust Mr. Cohen discussed an agreement with Busa Realty Trust for tax title lots on Circle Road. Mr. Cohen: On April 14, 1966, the Board of Selectmen entered into an agreement with the Busa Realty Trust, Alfred S. Busa and Daniel P. Busa, to sell tax title lots on CirLle Road to them. The agree- ment was carried out except on three tax title lots because fore- closure was involved; it was registered land and, because of legal complications, the sale could not take place until a court denree was obtained. The Land Court finally said that Lexington now owns these lots, and we should honor the agreement. If the agreement is signed, I will have to get a check for $600 from the Busa Realty Trust. Chairman Kenney: What was the reason? Mr. Cohen: The Town had not foreclosed them properly. Upon motion duly made and seconded, it was voted to sign the following agreement for the sale of tax title land on Circle Road to Busa Realty Trust: The Town of Lexington, a municipal corporation in Middlesex County and Commonwealth of Massachusetts, acting by its Board of Selectmen, under and by virtue of the Town Meeting held March 16, 1953, a copy of which is hereto annexed, and every other power, for $600.00 consideration paid, grants to Alfred S. Busa and Daniel P. Busa, Trustees under a Declaration of Trust entitled "Busa Realty Trust", dated May 7, 1959, recorded with Middlesex South District Registry of Deeds, Book 9370, Page 108, (address of grantee: 38 Circle Road, Lexinton, Massachusetts 02173) a certain parcel of land situate in said Lexington, bounded and described as follows: Westerly by Circle Road, seventy-five (75) feet; • Northerly by lot numbered two hundred and thirty-eight (238) as shown on plan hereinafter mentioned, ninety-two and 11/100 (92.11) feet; 16P Selectmen's Meeting December 30, 1974 Southeasterly by lots numbered two hundred and fifty- five (255) and two hundred and fifty-four (254) on said plan, seventy-five and 42/100 (75.42) feet; and Sotherly by lot numbered two hundred and forty-two (242) on said plan, eighty-four and 23/100 (84.23) feet. Said parcel is shown as lots numbered two hundred and thirty- nine (239) two hundred and forty (240) and two hundred and forty-one (241) on said plan. All of said boundaries are determined by the Court to be located as shown on a subdivision plan, as approved by the Court, filed in the Land Registration Office, a copy of which is filed in the Registry of Deeds for the South Registry District of Middlesex County in Registration Book 68, Page 13, with Certificate 9979. All tiE•the above described land is subject to the easements set forth in a deed given by Stephen Robbins to Silas Cutler, dated August 21, 1845, duly recorded in Book 470, Page 135, so far as in force and applicable. The premises described herein are conveyed subject, for a period of ninety-nine (99) years from the date hereof, to the restriction that for purposes of building each lot shall be combined with those owned by said Trustees so that no combined lot shall have a frontage of less than seventy-five (75) feet on Circle Road, and that only one building, together with customary accessory buildings, shall be erected, placed or maintained on any combined lot. Provided that each such combined lot shall have a frontage of at least seventy- five feet on Circle Road and shall have a substantially uniform width of at, least seventy-five (75) feet, the foregoing shall not be con- strued to prohibit the comklination of parts of lots with other lots hereby conveyed or lots owned by said Trustees. The grantor's title to the premises herin described is re- presented by Certificate 145299 filed in said Registry District in Registration Book 856, Page 149; and title was acquired by the grantor by foreclosure of the right of redemption after the taking of the property for unpaid taxes. There has been full compliance with the provisions of Section 63A of Chapter 44 of the General Laws, as inserted by Chapter 247 of the Acts of 1955. 166 Selectmen's Meeting December 30, 1974 IN WITNESS WHEREOF, the name of the Town of Lexington has been hereto affixed, and this instrument has been executed in its name and on its behalf by a majority of the Board of Selectmen and counter- signed by the Treasurer of the Town of Lexington and seaidd with the Town seal this 30th day of December , 1974. Countersigned Louis A. Zehner Town Treasurer TOWN OF LEXINGTON By Alien F. Kenny Sanborn C. Brown Margery M . Bettis: Majority of the BOARD OF SELECTMEN Mr. Buse returned to the meeting at 8:05 p. m. Mr. Cohen requested the Board to sign the receipt of a deed Hamilton of a gift of land from Stephen W. Hamilton for a Conservation Conservation easement. Easement Mr. Cohen: This is land on Juniper Hill, off Concord Avenue, Juniper Hill and the Conservation Commission worked out an agreement with Mr. Hamilton and he is giving us an easement. Upon motion duly mac and seconded, it was voted to sign the following: KNOWN ALL MEN BY THESE PRESENTS Stephen W. Hamilton and Jacqueline R. Hamitlon, the owners of the premises described in Certificate of Title 143445 in Registration Book 847, Page 95, for nominal consideration an as a gift, agrees with the Town of Lexington, a municipal corporation of Middlesex County, Commonwealth of Massachusetts, (address of grantee: Town Office Building, 1625 Massachusetts Avenue, Lexington, Massachusetts), to hold the following described parties of said premiere subject to a conservation restriction hereinafter described: That portion of Lot 83 on Land Court Plan No. 22262M, a copy of which will be filed with Middlesex South District Land Records, which is locatd Northerly of the line which is drawn between a point in the Easterly line of said Lot 83 which is 157.15 feet Southerly from Concord Avenue, and a point on the Westerly line of said Lot 83 which is 234.16 feet Southerly from said Concord Avenue; and that portion of Lot 82 on said Land Court Plan which is located Easterly 167 Selectmen's Meeting December 30, 1974 and Southeasterly of the Easterly and Southeasterly line of the twenty foot sewer easement as shown on said plan. (Hereafter collectively referred to as "said parcels".) The terms of this conservation restriction are as follows: that neither we nor our successors or assigns will perform the following acts or permit others to perform them without first ob- taining the consent of the Lexington Conservation Commission, hereby granting to the Town the right to enforce these restrict- ions against all persons: 1. No building, sign, outdoor advertising display, fence, mobile home, utility pole or other temporary or permanent structure will be constructed, placed or permitted to remain on said parcels. 2. No sand, gravel, rock or other mineral substance, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or unsightly or offensive material will be placed, stored or dumped thereon. 3. No loam, peat, gravel, sand, rock or other mineral re- source or natural deposit shall be excavated or removed from said parcels in such a manner as to affect the surface thereof. The foregoing restriction is authorized by G.L. c.184, s.31- 33, and is intended to retain said parcels predominantly in its natural, scenic and open condition, in order to protect the natural and watershed resources of said Town. The restriction shall be administered by the Conservation Commission of said Town, es- tablished under Chapter 40, s.8C of the Massachusetts General Laws as amended. The conservation restriction hereby conveyed does not grant either the Town or the public any right to enter upon said parcels except as follows: 1. The Grantor grants to the Town a permanent easement of access to enter said parcels, by its Conservation Commission, for the purpose of inspecting said parcels and enforcing the foregoing restrictions and remedying any violation thereof. The right hereby granted shall be in addition to any other remedies available to the Town for the en- forcement of the foregoing restrictions. 2. The Grantor grants to the Town a permanenteasement to enter said parcels, by its.:Conservation Commission or its designees, to clear and clean the brook on Lot 82. 1_ E S Selcetmen's Meeting December 30, 1974 No douumentary stamps are needed for this instrument, this instrument, this conveyance being a gift to the grantee. 1974. Witness our hands and seals this 29th day of November, Stephen W. Hamilton Jacqueline R. Hamilton APPROVAL BY SELECTMEN We, the undersigned Board of Selectmen of the Town of Lexington, hereby certify that we approve the receipt of the foregoing deed under GL. c 40, s.8C, as it has been and may be amended, as requested by a vote of the Conservation Commission of the Town, for the protection of the natural and watershed resources of the Town. Allan F. Kenney Alfred S. Buse Sanborn C. Brown Margery M. Battin Resignation The Board agreed to accept the resignation of Richard Waubmmn. Youth Upon motion duly made and seconded, it was voted to accept, Advisory with regret, the resignation 'of Richard Waclynaa as a member Commission of the Youth Advisory Commission, representing the First Church of Christ Scientist. Middlesex The Board discussed representation on the Middlesex County Advisory Advisory Board and it was agreed that Chairman Kenney would Board attend all meetings and represent the town. Upon motion duly made and seconded, it was voted to sign Common Victualler licenses for the folaoging: 1975 Common Victualler Licenses Muffin House of Lexington d/b/a Pewter Pot Muffin House Old Lexington Restaurant Inc. d/b/a Mario's Geoffroy's Pharmacy, Inc. Daniel Martinez - Hayden Skating Rink Bellino's Bakery, Inc. Peter's Delicatessen The Dunfey Family Corporation d/b/a SheratonLexington Motor Inn Selectmen's Meeting Pine Meadows Country Club Lexington Enterprises, Inc. Bora-Bora, Inc. Friendly Ice Cream Corp. George R. Reed & son, Inc. Battle Green Inn Walnut Farm Trust d/b/a Powder Horn Golf Club Lexington Golf Club, Inc. Alexias Panagiatou d/b/a Alexander's Pizza Folsom's Seafood of Lexington, Inc. David M. Feathers d/b/a,Brewster's December 30, 1974 Upon motion duly made and seconded, .it was voted to 1975 Class I license for Lawless Mawhinney Motors, Inc., Road. (renewal) Upon motion duly made and seconded, it was voted to 1975 Club Liquor License forrthe Lexington Golf Club, 55 Street. (renewal) sign the 518 Marrett sign the Hill Upon motion duly made and seconded, it was voted to sign the following Common Victualler A11; Alcholic Beverages Licenses for 1975: (renewals) RHD Realty & Development Corp. d/b/a Battle Green Motor Inn Bora-Bora, Inc. Lexington Enterprises, Inc. d/b/a Peking Gardens LeBellecour, Inc. The Dunfey Family Corporation d/b/a Sheraton -Lexington Motor Chairman Kenney informed the Board that a request has been received from the Sheraton -Lexington Motor Inn for an extension of hours from 12:00 Midnight to 1:00 a.m. on New Year's Eve. Also, a blanket request for an extension of hours to 1:00 a.m. Upon motion duly made and seconded, it was voted to grant permission to the Sheraton -Lexington Motor Inn for an extension of hours of operation to 1:00 a.m. on New Year's Eve. Upon motion duly made and seconded, it was voted to table the request for an extension of hours of operation to 1:00 a.m. on each day. Upon motion duly made and seconded, it was voted to sign the Entertainment License for Sheraton -Lexington Motor Inn. (renewal) The Board discussed a letter from Mrs. Jane Berchtold, Chair- man of the School Committee, giving an estimated increase of $1,836,000 (14%) in the 1975-76 school budget. Also stating that they are waiting a ruling from the State Department of Education as to whether or not Chapter 766 income received in 1974-75 can be used to reduce the appropriation for 1975-76 and, if so, the total requested will be adjusted. Inn 1975 Class I License Liquor - Lex. Golf Club Liquor Restau- rants Sheraton Lex. Inn Sheraton LeX. Entertain- ment School Budget Winuteman Regional School Budget Recreation STudy Committee Selectmen's Meeting December 30, 1974 Mr. O'Connell: If the State grants, on the Cherry Sheet, more money that the School Department spends on Chapter 766, the Town doesn't receive the money. It can't be used for anything else. Mr. Busa: There is not much we can do as they are autonomous but in reading the newspaper about the Minuteman Regional School, their budget should be equal to last year. I don't know how the school committee will justify an increase of over $1 million; there is a decrease of 350 to 400 students (attending Minuteman Regional). Unfortunately, we have no recourse, but this Board has to justify and stabilize the General Government budget. Chairman Keneey: I find this extremely disturbing. It is a proposed increase of $9.00 on the tax rate. With 300-400 less students, their teacher number go down. I do hope the School Committee would seriously consider reduciz'ig~ the number of teachers to the number of students they have this year. Mr. O'Connell: For public information, we have just re- ceived the proposed budget from the Minuteman Regional School. I assume that Lexington will furnish its full quota of students. The capital assessment will remain substantially the same but operating expenses will double; we will see a sharp, additional burden there. Chairman Kenney: We have one voting member on the committee. Does the Appropriation Committee intend to go into their budget in great detail? Mr. O'Connell: Yes, I believe Don White is the representative of the Towns' Finance Committee. Chairman Kenney: Would you convey to the Appropriation Committee that if, after they review it, they feel the budget is out of line, then we will meet with them? Mr. O'Connell: agreed. Mr. Irving Mabee, Mrs. Judy Zabin, Mrs. Margot Tutun, and Mr. Daniel Busa, Chairman of the Recreation Committee, met with the Board to discuss the establishment of a Recreation Study Committee. Mr. Mabee: The reason that I am here this evening; is to assist the League of Women Voters in presenting a suggestion to the Selectmen for a change in the Town by-laws. Because I was approached by the League to do this and because I wholeheartedly approve of the proposed change, I am glad to make this presentation. The suggested changes are in reference to the Town Recreation Committee. First of all, let me state emphatically that the suggestions for a change do not in any way relate to -the individuals who make up the membership of the Recreation Committee, either in the past or in the present. It is my conviction that past and present chairman, members of 'the Recreation Committee, the Director, and the many part-time employees of the committee have served the Town conscientiously and with imigination and innovation. How- ever, I think we should ask ourselves the question, "Who is responsible for Town Recreation Policy?" 1 Seloetmen's Meeting December 30, 1974 Presumably, the Board of616-atinlIth is ultimately responsible for the recrnatipnal policy, but the Town Manager Act places an. embarrassing burden om.the Town Manager, as it required him, and him alone, to appoint a Recreation Committee, who either makes policy or recommends policy to the Board of Selectmen, who in turn, expects the Town Manager to implement this policy. So we currently have a delicate situation, in whibh the top admin- strative employee of the Town, the Town Manager, is unreasonably burdened with the requirement of appointing a quasi -policy making Board, from whteh the policy is formulated and, once formulated, is directly or indirectly held responsible for implementing that policy. The present method, although it involves in somek, capacity the Selectmen, theTown Manager, and the Recreation Committee, goes all the way around "Robin HooMs" Barn" and still leaves the question as to who is responsible for recreation policy. The League of Women Voters of Lexington, after a study of town recreation in 1969-70 and a more recent study of the function- ing of the Selectmen/Town Manager Act from 1972-74, has. reached a consensus that the Town By -Laws should be changed to make the Recreation Committee responsible for setting recreational policy and that the Manager Act be also changed to make the Selectmen, and perhaps the Manager as well, responsible for appointments to_ the Recreation Committee. As a step in the direction of accomplish- ing this, the League is seeking to have the Selectmen appoint a broad-based committee of townspeople to investigate this proposition and to make receommendations to the Selectmen and the town as to what changes should or could be effected. Hopefully, this bpaad-based study committee would investigate the function, the powers, the responsibility, the structure, and the method of appointment of the Lexington Recreation Committee; and report to the Selectmen in time to incorporate any recommended By -Law changes the Selectmen deemed desirable in an Article for the 1976 Annual Town Meeting. The League of Women Voters suggests the study committee be composed of one member of the Board of Select- men, Planning Board, Recreation Committee, School Committee, League of Women Voters, Friends of Recreation, and three members of the community at large. When one considers the problems of the Town as a whole, the problem that I present to you now, if you agree that there is a problem at all, must seem insignificant indeed. However, the activities and programs of the recreation committee affects a great mumber of our citizens and has become an increasingly im- portant part of the services expected by our community. While we could continue under our present system satisfactorily, in my opinion, there is room for improvement. I do hope, therefore, that you as a Board will appoint the committee suggested and follow through on any recommended changes such a study committee may make. 17'2 Selectmen's Meeting December 30, 1974 Mrs. Battin: I would like to endorse this. As I worked on the Selectmen/Town Manager Act, I feel this is tidying up some- thif$ that is long oveddue. I think hhe people involved are good, too. After discussion, the Board agreed to examine the charge and make-up of the committee, and to make -a decision as to the appoint- ment of such a committee. Mr. Mabee, Mrs. Zabin, Mrs. Tutun, and Mr. Daniel Buse retired from the meeting. Chapter 90 Chairman Kenney requested the Board to sign the form from the Reimburse- State Department of Public Works for reimbursement of $6,000, as ment submitted by Mr. McSweeney. Upon motion duly made and seconded, it was voted to sign the application to the State Department of Public Works for reimburse- ment in the amount of $6,000 for Chapaer 90 maintenanee of various Chapter 90 roads in Lexington. Bd. of Assessors - Revaluation Mr. Willard Grush, Chairman, Mr. William Potter and Mr. F. William Smith, members of the Board of Assessors, met with the Board to discuss revaluation of real estate. Mr. Grush: It has been pointed out to us.; that we should be prepared for revaluation at some time in the future. Obviously, it cannot be in the near future because we could not enter into a contract with a revaluation firm during the fiscal year if no monies were to be appropriated at the March 1975 Town Meeting. Until then, it would be subject to an early date of July 1, 1976. In /gadding the court decision, updating would result in the ex- pansion of the capabilities of the Bureau - and this applies to Corporation and Taxation. A reasonable estimate of time for this approach is four years. As you are aware, the State Tax Commission is required to set every even year bi-annual equal ratio for 350 cities and towns. On the list of January 1, 1974, the Lexington ratio was established at 55 per cent. I don't think it would be physically possible to have complete evaluation in effect to be used on January 1, 1976, so I must obviously agree with the court that the four year period is probably the optimum, namely January 1, 1978. I think it is advisable to consider putting into the budget an appropriation for the next three or four years one-third or one-fourth of what we might anticipate a revaluation cost to be. Our Board favors putting in $30-$35,000 in anticipation of what revaluation would cost the Town something within the next three or four years. Mr. O'Connell: I am in general agreement and think the ally current problem facing the Town is whether or not the money should be provided in the upcoming budget. If it is to be provided with- in the next three to five years, I think it would be a good time to start. This is a good illustration of where stabilization fund comes in handy. If faced with $100,000, we would be advised to ask Town Meeting to put it in. 1 1 Selectmen's Meeting December 30, 1974 Chairman Kenney: Are there going to be enough firms available? Mr. O'Connell: That would be another reason to have the money. Chairman Kenney: Have you given any thought to the possibility that the turmoil caused may precipitate bills in the Legislature to change the ground rules? Mr. Grush: Yes. If we start off with the appropriatiion, it would give us the latitude to go in any direction. If we don't need it, don't spend it. Chairman Kenney: Politically, it is a highly volatile situa- tion. Mr. O'Connell: Another possibility is that a broad require- ment would produce a semi -uniform method of doing it that most communities would use - a semi -standard computer-based method. Mr. Grush: With a computer, it could be updated annually. Chairman Kenney: Even if we had money for full evaluation, I would recommend that we go slowly for the next few months. Mr. Grush: We agree with you completely but we do feel we would like to have the latitude if it is so indicated. Mr. O'Connell: We have anticipated an article in the Warrant and you can walk up to this, depending on bills in the Legislature, and who takes whom to court and the likelihood of delay in court action. Chairman Kenney: We understand your recommendation, and that you are warning us to be aware of the new law. We have an article in the Warrant and we will walk up to it. The Board of Assessors retired from the meeting. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating, or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. 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 adjurn at 10:15 p.m. A true record, Attest: Executive Clerk, Selectmen i7J Executive Session J • P AGE S 174 - 176 6 I D E D DUE TO ERROR