HomeMy WebLinkAbout1980-07-21-BOS-min V^�
SELECTMEN'S MEETING
July 21, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, July 21, 1980 at 7:30 p m.
Chairman Miley, Mr Busa, Mrs Battin, Mr Kent; Mr Hutchinson, Town Mana-
ger; Mr Cohen, Town Counsel; Miss Casey, Principal Clerk, Selectmen were
present
Chairman Miley opened the hearing on the petition of the Boston Edi- Boston
son to install approximately forty six (46) feet of conduit in the follow Edison
ing location Spring Street northerly, approximately five (5) feet north Spring
of Hudson Road, a distance of about forty six (46) feet - conduit Street
Upon motion duly made and seconded, it was voted to grant the petition
of the Boston Edison Company for permission to install approximately forty
six (46) feet of conduit at the following location Spring Street north-
erly, approximately five (5) feet north of Hudson Road, a distance of about
forty six (46) feet - conduit
The Chairman read the petition of the New England Telephone Company N E Tel
for permission to install underground conduit on private property at the & Tel
rear of #11-13 Muzzey Street This request does not require a hearing Muzzey St
Mr Busa questioned the diagram on the plan as to just which lots
were Town owned
Upon motion duly made and seconded, it was voted to grant the peti-
tion of the New England Telephone Company to install underground conduit
from a manhole on private property rear #11-13 Muzzey Street, across from
the Town of Lexington parking area in the rear of Cary Library, to private
property rear #1844 Massachusetts Avenue, subject to a review by the Public
Works Department to clarify ownership of lots #69 and. #71
Mr Neil Cronin, Guide Director, met with the Board requesting appro- Guides
val of licenses for two new guides and eighteen renewals He introduced
the new guides, Sharon Fray and Stephen Greim, who received congratulations
of the Board
Upon motion duly made and seconded, it was voted to approve licenses
for the following guides
Stephen Bertolini Edward Ford David Hamburger
David Harrington Melissa Hart John Hayden
Judd Levingston Andrew Macey Dan McGrath
John Nordahl Peter Ostrow Kamala Soparkar
Charles N S Soparkar Nathaniel Taylor David A. Wasserman
Peter Wasserman Richard John James Lyons
Sharon Fray, Stephen Greim
The Chairman read a request for an Auctioneer License for one day from Auctioneer
Robert J Virtue, 19 Lois Lane Mr Virtue has been a resident of Lexington License
111 less than the required six months and, therefore, would not be eligible for R.J Virtue
an annual license, but iseligible for one day licenses
Upon motion duly made and seconded, it was voted to grant a license to
Robert J Virtue, 19 Lois Lane for a one-day auction to be held on August 7,
1980
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Bond The Chairman read a request from the Town Clerk for approval of the
Asst Town bond in the amount of $2,000 for the Assistant Town Clerk.
Clerk Upon motion duly made and seconded, it was voted to approve the bond
in the abount of $2,000 for the Assistant Town Clerk.
EOER The Board discussed a letter from EOER announcing the establishment of
Grant Energy Audit and Energy Conservation Improvement Programs for the Common-
Applica- wealth (as defined in regulation 850 CMR 2 00 and authorized in Sections 6
tions and 11 of Chapter 25A of the General Laws) A total of $15 million dollars
in grant monies will be available to eligible applicants for the purpose of
energy audits and energy conservation improvements
The Manager informed the Board that he is contacting the EOER regard-
ing the applications that they have and he will also discuss it with the
Energy Committee as to the relevancy of the the program to Lexington.
The Manager will report back to the Board with a summary of his meet-
ings with the Energy Committee
Mr Busa informed the Board that he has information from the DOE
announcing a program being set forth by the Federal Government that if the
Town applies and qualifies, it can get to up ten electrical vehicles plus
$150 to $200,000 in parts and maintenance He was requested by the Energy
Committee to.-request the Transportation Committee and Mr Crain to look in-
to the proposals to see if it could fit into our bus service or some of the
vehicles that go around town
The Manager and Mr Busa will review the application process and check
into the matter
House Bill The Chairman read a letter from Angelo Cataldo and Richard, T.-Moote,.
4876 State. Representatives relative to House Bill No 4876 - Establishment of 111
Energy Energy Resources Commission which places local government in a partnership
Resources with state and federal agencies dealing with energy matters under a statu-
Commission tory basis for local energy activities The letter requested council or
town meeting approval of this new commission
Mr Kent suggested that the matter be referred to the Manager for
his recommendation as to the approach the Board should take
The Manager will report back to the Board
Center Re- Mrs Battin requested the Board to appoint the remaining members to
vitalize- the Center Revitalization Committee
tion Comm Upon motion duly made and seconded, it was voted to appoint the follow-
Appts ing to the Center Revitalization Committee Mr Bernard DeKant from the
banking division; Mr Thomas K Dyer, from the industrial division; and
Mr Chris Venier, from the retail division The complete committee membership
is Margery M Battin, Thomas K Dyer, Christopher Venier, Laura Nichols,
Robert Sacco, Karsten Sorenson, Joseph Trani, Bernard DeKant and Robert
Bowyer and Jacquelyn Smith as staff members. Appointments are for one year
Gift - Mrs Mr Busa informed the Board that Mrs Bertha Nickerson was most pleased
Nickerson with the gift of a Minute-Man plate presented to her on the occasion of her
100th birthday
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Selectmen's Meeting July 21, 1980
The Manager requested the Board to execute the agreement and sign Cataldo
the lease with Robert Cataldo for the farming of land off Marrett Road Lease
Upon motion duly made and seconded, it was voted to sign the lease Marrett
which constitutes an agreement between the Town of Lexington and Robert Road
A. Cataldo for use of a parcel of land, a portion of Town of Lexington
known as Open Land off Marrett Road, as described on Assessor's Map #31
as Lot 90, abutting tenants Lot #60A on Map 31 for the period of July 4,
1980, through November, 1981 The rental fee for use of said 4+ acres
of land will be $120 00
The Manager requested approval of the Board of his appointment of Acting
Nancy Banks as Acting Town Manager for the period of August 4 through Town
August 17, 1980 Manager
Upon motion duly made and seconded, it was voted to approve the Mana-
ger's appointment of Nancy Banks as Acting Town Manager for the period of
August 4 through August 17, 1980
The Manager requested approval of the Board relative to the expan- Recycling
sion' of hours requested by the Public Works Department for recycling at Hours
the landfill Landfill
Mrs Miley stated that the request was made by Mr Empey because of
the response of the citizens in using the facility for that purpose
The Manager pointed out that the program must depend upon the peo-
ple who are volunteers and not just upon the town for running the program.
Mrs Miley pointed out that there is an employee at the landfill
during the time requested by Mr Empey so that there isn't any extra man-
ning involved
Upon motion duly made and seconded, it was voted to amend the hours
for recycling at the landfill to 8 00 a m until 3 00 p m Monday through
Friday
The Board met with the Burglar Alarm Committee regarding the pro- Burglar
posed burglar alarm regulations Mr Kent stated that the record should Alarm
indicate that this is a hearing on the proposed burglar alarm regulations Committee
and has been advertised as such in the Lexington Minute-Man which had Rules &
been promised to Town Meeting last May when the By-Law was adopted Mr Regs
Kent read the notice in its entirety
During discussion of the proposed rules and regulations, it was
pointed out that voice dialers now in use will no longer be permitted
Mr Kent pointed out that, as to existing equipment, voice dialers are not
rendered illegial under the regulations but simply must change to use a
specific unlisted telephone number, and that the regulations, insofar as
they require additional equipment, would only apply to installations com-
ing into effect after the effective date of the regulations
Mr Bailey stated that basically, voice dialers are not necessarily
illegal, but there are other parts of the regulations thatmay well make
them illegial
Mr Kent pointed out that they must comply with these regulations
as to length of message, coded number and the number they access as the
emergency departments
In answer to a question from a citizen, it was pointed out that the
enforcing departments in the town would be the public safety divisions -
the Chiefs of the Fire and Police Departments
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Mr Kent raised a question on regulation_#6 "All installations
compoeted after the effective date of these regulations shall access the
Police and/or Fire Departments only with signals on encoded in digital form
in a format compatible with departmental receiving equipment" He stated
that during a prior discussion, prior to the adoption of the By-Law, it
was recognized by the Advisory Committee, that there would be additional
expense to the home owner occasioned by the use of this equipment, over and
above what is required by the existing equipment using the voice dialer
system.
Mr Bailey stated that with the proliferation of these systems, the
voice dialer is really a 1960 solution to the dilemma As there are more
people in town, there must be more people at the other end of the telephone
to pick up the phone and listen to the recorded message coming over He
felt it was a very poor situation to have, particularly if there are other
emergencies coming in at the same time The Committee felt that the Town
should position itself with the technology that is currently available to
handle the problem effectively and reduce the manpower demands on either
end
Mr Cravis stated that the committee estimated in its report using
figures that were available that it would cost in the range of $34 00 to
$60 00 per year for each digital dialer which would be the service fee to
the vendor who would install the equipment at the station and also main-
tain the terminal equipment for receiving the digital dialer signal There
would also be a one time cost to the home owner who would purchase the
digital dialer equipment which is something like $40 00
Mr Busa pointed out that this cost is just for the equipment, but to
bug doors, windows etc it would cost thousands
Chief Corr informed the Board that a survey had been conducted by the 111
committee and found that there were two major systems being used in the
Greater Boston Area During the poll, he stated that they were asked what
they were charging at the present time, and the numbers previously given
were verified The Keltron System charges no installation charge to ex-
isting subscribers - new subscribers $65-70 and a yearly fee of $30-40 00
The Veritex System - their change over, $25 00 new subscribers $60 00 and
a yearly fee of $35 00
Mr Kent asked the Chief if the systems contained in the poll meet
the regulations proposed by the committee The Chief responded in the
affirmative
Mr Markey from the audience, stated that he would like to point out
that all the installations that Chief Corr named in the different towns,
do have..digita ._eapability..but as yet, are not being. used ta_that extent,
They are being used with the direct wiring alarms that are presently in4
stalled in the police station in the enunciating boards Used with lines
that come, for instance, directly from a bank into the police station
It takes that signal and turns it into a message rather than something that
a police officer has to respond to immediately It does have the capability
to be expanded to a digital communication device which doesn't require a
direct telephone line.
Mr Kent asked the Chief if the communities surveyed required this
type of arrangement or at the option of the homeowner
The Chief replied that he did not know if they did, but did know that
the Town of Burlington does require it
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Selectmen's Meeting July 21, 1980
Chief Bergeron informed the Board that there are only two in the im-
mediate area right now who are on a digital system and they are Waltham
and Burlington He stated that he sees the need for specifications so that
false alarms could be reduced
The Chairman asked if the installation of the equipment will be put
out on bid
The Manager responded that it would be bid on specification and will
be and/or equal and he would expect that he would have the advice of a
technical committee to advise on the selection of a firm. In answer to a
question from Mr Kent, Mr Hutchinson informed the Board that he would be
the awarding authority
After further discussion, Mr: Kent stated that he felt that the Com-
mittee and the Board had accomplished what had been required by Town Meet-
ing and thanked the Committee who retired from the meeting
The Board discussed the request of the Waldorf School of Belmont to Adams
lease the Adams School and have the use of the playing field behind the School
school for gym and recess They would use the building from 8 00 a m Lease to
until 3 00 p m for classes and occasionally in the evening or week-ends Waldorf
for special meetings and activities They offered $1,000 per month rent School
and assume the utility and everyday maintenance costs The -Tvwu_would
assume the responsibility for any major repairs or replacements not re-
sulting specifically from Waldorf School occupancy The request was for
a two-year lease
After discussion, it was agreed to authorize the Manager toonegatiate
a lease for one year with the Waldorf School
Upon motion duly made and seconded, it was voted to approve the leas-
ing of the Adams School to the Waldorf School, subject to negotiation of de-
tails by the Manager This lease is to be for one year, termination date
of July 31, 1981
The Manager and the Board reviewed the budget for LEXPRESS for the LEXPRESS
remainder of the fiscal year, which included a cut of two busses at 6 30 Depot Sq
p m effective July 21 through August 31
The Transportation Advisory Committee would like to continue the
bus stop at Depot Square as it has worked out well
During the discussion regarding continuation of the location for
a bus stop, it was brought out that the Transportation Advisory Committee
has not looked at alternative locations The main problem at the loca-
tion is the removal of snow during the winter months It was also brought
out that the business people in the area should be contacted again re-
garding the use of Depot Square as a permanent bus stop as it was first
presented to them as a temporary location
The question of installing curbing in the area was brought up and
Mr Busa suggested that the right-of-ways should be looked into before
any curbing be installed
Mr Kent stated that he felt that, through the Manager and the Trans-
portation Committee, the business people in the area should be contacted
to get their reaction of continuation of the spot as a permanent location
Alterations in the landscape in connection with it should also be presented
and reactions taken into considerattion when the final assessment is made
The Manager agreed and is to pursue the matter and report back to
the Board
Walnut Farm The Manager informed the Board that he had reviewed with the Town
Trust Engineer the request of Walnut Farm Trust for permission to construct a
Sewer manhole and open Walnut Street to make a sewer connection to the Potter
Pond Trust sewer being constructed to service the condominiums now undeg
construction This easement would provide sewer connections for the Walnut
Farm Trust property and others on Walnut Street who wished to utilize it
The Manager explained that the situation is a town sewer tying into
a private development and to a town sewer again The ultimate maintenance
responsibility of the extension of the line is in question He recom-
mended that it be extended and that the long term problem of maintenance
be reviewed by Town Council and the Planning Board
Mr Kent felt that the Board should not make any decision regarding
the request until it has heard further regarding the problem
The Manager is to take the matter back to Town Counsel, Public Works
Department and the Planning Board and report back to the Board
Upon motion duly made and seconded, it was voted to table the request
of the Walnut Farm Trust for permission to construct a manhole to make a
sewer connection to the Potter Pond Trust sewer now being constructed
Streets The Manager suggested to the Board that it might be worth while to
discuss the whole policy of accepted and unaccepted street He would like
to arrange a meeting with the Planning Board to meet with the technical
staff relative to the long range basis regarding marginal streets and the
street policy as a whole
It was agreed to review the matter some time in September
Mr Cohen pointed out that there are a lot of legal implications
involved, other than the feelings of the Board of Selectmen and the Planning
Board He pointed out that any developer of individual who wants to come
and build a house next week has every right to go the Building Commissioner
and request a building permit He felt that the idea should be left that 111
there will be a meeting and out of that meeting it will be clear as to
whether or not every single lot in town can or cannot be built upon
Garrity The Board met with the Historical Commission to discuss the question
House of the disposition of the Garrity Building
Mr Jaquith informed the Board that early in the year the rumor had
started that the Garrity House and the barn would be condemned and demolished
As a result of this some members who have worked in the area of preservation
of historical buildings, of the Historical Commission, Historic Districts
Commission and Historical Society formed an informal committee under the
auspices of the Historical Commission to study the problem. They have been
meeting since February and have tried to delve into it on a rather planned
scale all the problems they could find as to their future preservation and
use They requested direction from the Board of Selectmen as to its in-
terest in the matter and how far they should go and what sort of direction
to take as the property is owned by the Town
He pointed out that the architectural significance of the house is not
as great as the historical and that it is one of three remaining buildings
, Buckman Tavern, Garrity House and the barn, of the Meriam estate, a large
farm. It is representative of similar buildings which characterized early
Lexington as a farming community
He stated that the ultimate question is whether or not the Town wants
to preserve the buildings and, if so, money must be raised for that purpose
as they cannot remain much longer in their present condition
Mr Jaquith also presented to the Board a detailed report as to sug-
gested future uses of the house and the costs involved
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Selectmen's Meeting July 21, 1980
The report presented five optional uses of the building, the least
disruptive of which would be for office space for some town agency and
the barn be used for storage as it is now This option requires that
the buildings be structurally repaired but not thoroughly rehabilitated
from top to bottom Option #2, next simplest disposition, would be as a
residence at market or low-income rate Costs would be higher than for
option #1 as it would have to be liveable as well as structurally sound
The land is currently zoned for residentail use Option #3 would be for
a place of business such as for the sale and exhibition of arts and crafts
with the serving of refreshments To increase the feasibility of these
plans, it may be necessary to construct a new addition to the house, such
as a connection between house and barn Option #4 suggested the refresh-
ments/crafts proposal with the operator living in the house Costs and
benefits are substantially the same as option #3 but building code
standards require a barrier to separate the two use areas against the
spread of fire Option #5 suggested the converting to a "hands-on
children's museum" The museum would exhibit materials of the Lexington
Historical Society Such use would require high rehabilitation costs
and the most stringent code compliance because the house would be des-
ignated a place of assemblage
Mr Jaquith also informed the Board that Temple Scanlon, Executive
Director of the Lexington Housing Authority had called him to state that
he had talked with the Massachusetts Executive Office of Community De-
velopment and had been advised that the LHA could apply for funding for
a single-unit project such as the Garrity House He stated that funds
are presently available for single-unit projects but should be done in
the near future before funds run out He pointed out that if the funds
were attained, title of the property would have to be conveyed to the
Housing Authority and the Town would lose a large share of its control of
the property along with a reasonable amount of land He pointed out that
if the Housing Authority applied for the grant and it was approved, the
Housing Authority could then decide whether or not they want to accept it
By that time the Board could have pursued the matter further and have
decided in which direction it wished to go
Mr Kent stated that he felt that the Board should formalize the
committee studying the problem, with a review of the names of the com-
mittee in light of its possibly being augmented with respect to other
places being represented on it as requested by the committee
Mr Kent stated that there were many questions in his mind with
respect to the problem that he would like the advice of the committee
One of which was the matter of whether the title should be kept in
Town or in public hands as in the Housing Authority's as contrasted
with selling the building The Board agreed
Mrs Battin requested from the Town Manager information as to
what other town agencies might be able to use the building in addition
to the Credit Union
During further discussion it was brought out by Mr Hutchinson and
Mrs Miley that if a committee is made up for conversion of this build-
ing and possibly others, this committee could recommend future uses and
inform the Board and ultimately go to Town Meeting such as the School
Sites Conversion Committee has
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The Board agreed that the Housing Authority should pursue the appli-
cation
for the grant and then the Board of Selectmen will decide what
disposition should be made of the property
The Chairman thanked Mr Jaquith and committee for their report on
the Garrity House and they retired from the meeting
Executive Upon motion duly made and seconded, it was voted 4-0 by roll call
Session vote - Mrs Miley, Mr Busa, Mrs Battin and Mr Kent - to go into ex-
ecutive session for the purpose of discussing matters of possible liti-
gation, with no intention of resuming the open meeting
Upon motion duly made and seconded, it was voted to adjourn at
11 00 p m.
A true record, attest
Beatrice M. Casey (J617
Principal Clerk, Selectmen
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