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HomeMy WebLinkAbout1976-06-07-BOS-min 117 SELECTMEN'S MEETING ' June 7, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, June 7, 1976, at 7 30 p.m. Acting Chairman Busa, Mr BaiLey, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Mr Bailey moved to elect Mr Busa as Acting Chairman until such Acting time as Chairman Kessler recovers f:^om his illness Chairman Upon motion duly made and seconded, it was voted to elect Selectman Alfred S Busa as Acting Chairman o= the Board until Dr Kessler returns Acting Chairman Busa I have talked with Dr Kassler and he has given permission to give out a repot on his condition As far as the Doctors are concerned, his ailment .Ls due to a run-down condition caused by overwork plus a virus attack As of June 6, he is in good health On the Doctor's advice, he will take a week off to recuperate Mr Ralph J Masciulli, 59 Va_leyfield Street, met with the Board Masciulli to discuss his bid to purchase the Town-owned lot which abuts his prop- Tax Title erty, Lot 26, Assessors' Map 24, Valleyfield Street Purchase 111 Mr Busa. I raised the quest:Lon last week that if you wanted to Valleyfield put a garage on the land, you would need 5 or 6 feet of the lot Street Mr Masciulli Presently, our home is a 30 ft garrison colonial on a 50 ft lot and is situated 10 't on either side of the lot If we purchase this lot, eventually we would put on a garage The average one is 14 feet and it would have to extend 4 feet on the new lot We are interested in purchasing the lot whether or not we build a garage Mr Bailey- Part of the lot would be on the other lot? Mr Masciulli Yes, 4 feet Mr Busa. In talking with Mr Masciulli, I told him that if he wanted to take part of this lot for building, he should take 5 or 6 ft for an overhang of the building so .hat he would not be in violation Mr Masciulli I would like _t to be noted that we have a family agreement to split the lot, with 25 feet to one abutter and 25 feet to the other abutter If the garage is 14 feet, it would be on 10 ft. of the property now owned and 4 ft on the purchased lot; we would have 2 ft. to the imaginary boundary line .o split with the abutter Mr Bailey questioned Mr Masoiulli's bid of $500 00 for the lot Mr Busa To clarify that, I went back into the records and the price is similar to some purchased Years ago with restrictions on them. In my opinion, Mr Masciulli doesn't have to purchase this lot at all as he would have free use and access The only thing now is that he can restrict trespassing This will be on the tax role and Mr Masciulli and his neighbor will have to pay bette_ments and will end up paying about $2,000 for it. If you would like to have an appraiser look at it, fine Mr Bailey It will be on the tax role - I have no objection 118 Selectmen's Meeting June 7, 1976 Mrs Miley I am very familiar with that piece of land, having walked it in the fall Mrs Masciulli spoke to me and said that when tax title lots would be up for bid, they would be interested in that lot I move that Mr Masciulli' s bid be accepted Mrs Battin seconded the motion Mr Bailey As I understand it, it would be split down the middle with the other abutter and Mr Masciulli will have a garage with an over- hang In addition, Mr Masciulli will, through regular channels, be able to get a builder's permit Upon motion duly made and seconded, it was voted to sell and convey to Mr. Ralph J Masciulli, 59 Valleyfield Street, Tax Title Lot 26, Assessors' Map 24, located on Valleyfield Street, in the amount of $500 00, subject to the condition that this lot must be combined with an existing lot; permission is granted to construct an attached 14 ft garage with an overhang, with the understanding that compliance with all the rules and regulations of the Town would be necessary Also, Mr Masciulli is to pay betterment assessments of $243 99 for the sewer; $500 00 for the street; plus taxes for the portion of the year remaining after date of conveyance Hennessey The Recreation Committee and the North Lexington Association met Land - with the Board to discuss the use of the Town-owned land, formerly known Horse Shows as the Hennessey property, for horse shows 14. Acting Chairman Busa Last week, the North Lexington Association came before the Board and asked us to look into horse shows They had no objection to horse shows but suggested that we listen to four regula- tions regarding them. 1 All horse shows are subject to cancellation by Mr Paul Mazerall of the Lexington Parks Department and not the management of the horse shows 2 All vehicles are prohibited from the Hennessey land All driving and parking must be restricted to the paved parking area at Estabrook School adjacent to the Hennessey land 3 All horses must be kept under restraints and not allowed to graze freely on either the Hennessey field or on adjacent residential property 4 The use of loud speakers must be kept to an absolute minimum. Also, the level of any sound amplification system must be kept low so as not to destroy the tranquility enjoyed by both abutters and nearby residents Mr Daniel Busa, Chairman of Recreation Committee I am a little sur- prised and dismayed to be here because we had planned a hearing on Wednesday, June 9 After getting the notice from the Board, I polled the members of our committee to give me a vote as to how they felt the show should be con- ducted in that area This is nothing new for the Recreation Committee as we have been running them for several years, and whenever we put forth some activity, we consider the neighborhood We have done that I would like 119 Selectmen' s Meeting June 7, 1976 to read a report from the Committee "The goal of the Recreation Committee is to provide as wide a variety Recreation of recreational opportunities and involve as many Lexington residents as Report - possible and to do all in our power to increase the use of conservation Hennessey and recreational lands in which the Lexington taxpayers have invested so Horse Shows substantially It is also our goal to have these various recreational activities conducted in such a way as to minimize any adverse effects on any neighborhood We have been working with Dr Foley of the Light Horse Club for sev- eral years, and feel this activity is a valuable addition to our overall program. We have found the people involved in this group to be most co- operative in working to resolve any problems as they arise Based on the above, the Recreation Committee decided to allow the Light Horse Club to conduct five horse shows at Hennessey Field in 1976, but stated at the same time that we would review the situation and rules and regulations established in 1973 to resolve any problems created by past shows and avoid problems in the: future After considerable discus- sion and debate, the Recreation Committee feel the horse shows should be held at Hennessey Field as planned with the following restrictions 1 All horse shows are subject to cancellation by the Chairman of the Recreation Committee who will consult with Mr Paul Mazarell and Dr. Foley regarding the ground conditions on the days of the scheduled shows 2 All vehicles drawing horse treilers, together with said trailers, plus three or four official vehicles will be allowed to park on the Hennessey land All other vehicles will be restricted to the paved parking area at Estabrook School adjacent to the Hennessey land (If permission is necessary from the Board of Selectmen, the Recrea- tion Committee requests this permission for the above stated limited parking on Hennessey land ) 3 All horses must be kept under restraints and not allowed to graze freely either on the Hennessey land or an adjacent residential property 4 The noise levels of loud speakers must be kept as low as possible 5 The Light Horse Club will be responsible for policing the area during and after all shows Although the Recreation Committee feels a policy of field rotation would not be in the best interests of Lexington or the horse groups, we do not support a permanent ring on .he Hennessey Field at this time We agree with the North Lexington Association that this land was pur- chased by the town for recreation purposes and should be used as much as possible by as many people as possible We hope all residents will support our efforts to have all conserva- tion and/or recreational lands used more extensively in the future " 120 Selectmen's Meeting June 7, 1976 a Acting Chairman Busa Are there any questions of the Board. Mrs Miley I don't have questions but do have some observations I live on Robinson Road, just below the Hennessey property, and have seen the damage that has been done by vans and trucks on the field itself I feel that it is within the province of the Selectmen to vote on it I would prefer that horse shows be retained throughout the Town and to have one or two on the Hennessey land, not necessarily the Light Horse Show I would prefer not to have all horse shows on that piece of property Mr Bailey How many vans are we talking about? It strikes me that this is what caused most of the difficulty before Mr Daniel Busa I think it was the condition of the field last year Because of the condition of the weather (it was a rainy day) , the vans were brought in, and perhaps poor judgment was used and the show should per- haps have been cancelled There would perhaps be 30 vehicles All other cars would be on the Estabrook School parking lot Mrs Miley My concern was not only for the last one but for the damage they did to the field Acting Chairman Busa asked if there were any questions from the North Lexington Association Mrs Wheaton I have comments but not in rebuttal I am sorry that Dan Busa feels we have gone a little bit astray but we were going by the rules of park land and it does give jurisdiction to the Board of Selectmen These have been in effect since the late '60s There has been a long- standing position by the Selectmen regarding any vehicles on land in the Town I don't think we were upset more after this show; we are upset with the vehicles being permitted on this field in this number I think you would have a difficult time restricting vehicles on other land at other times I guess you are re-writing your own rules I hope the Selectmen will not abrogate and have no parking At the Recreation Committee meeting, Dr Foley was talking about 75 horses and, if that many are coming plus employees, there will be more than 30 horse vans I would ask the Select- men to clarify two vehicles - car and trailer Mr Dan Busa A car has to pull the trailer; 60 is the maximum number We decided, on the field, to select two areas Mrs Battin We apparently agree, but I support Mrs Miley that all vehicles be restricted As long as the Town is restricting them - the Selectmen or the Recreation Committee, I don't care - and, at this time, I don't want to decide on rotation of the area Acting Chairman Busa The precedent has already been set The carni- val was on park land; the Lions Club had a vehicle on the enclosed football field P T.A has vehicles on Town land Reports from Mr McSweeney and other members of the Park Department show that if it is a dry time of year, it could be cleaned up Mr Bailey They have to have vehicles on any piece of land. Mr Dan Busa Those people have to work out of the back of their trailer to groom the horses, and they have to have it close by Mrs Miley At the Westford grounds, the annual horse show does not allow vans near the ring They are parked a good distance away; it is much further than Estabrook 12.1 Selectmen' s Meeting June 7, 1976 Dr Foley, Lexington Light Horse Club I was at Westford d and young- sters and horse trailers were parked within 50 feet of the ring The Recreation Committee asked me to make an estimate of what the maximum number of animals and vehicles that might be on the Hennessey land. I came up with 75; that is as close as I could come Out of 75 animals, probably a third of them will come over land and not in trailers Acting Chairman Busa I believe that it is only under the jurisdic- tion of the Board of Selectmen to grant permission for the vehicles on the land Mrs Battin The other three decisions are under the jurisdiction of the Recreation Committee? Acting Chairman Busa Yes Mr Bailey I move that we prohibit trailers and other vehicles from the Hennessey land Mrs Battin and Mrs Miley seconded the motion Upon motion duly made and seconded, it was voted 3-0 to prohibit the use of trailers and other vehicles on the Town-owned land formerly known as the Hennessey property Mr Busa abstained. After discussion by the Board at a later date, it was voted to grant permission for horse trailers and vans to enter from Grove Street and to disembark the animals at the interesection of Robinson Road and the service road; vehicles to then continue along the service road and park in the Estabrook School parking lot Mr William Page and members of the Mt McKinley Climb Club met with Mt.McKinley the Board to request that the Lexington Bicentennial flag be loaned to Climb Club the group to bring to the top of Mt McKinley on their July 4th climb Board members presented the Bicentennial flag and wished them good luck and a successful climb to the top of Mt McKinley Mr Louis A Zehner, Treasurer, met with the Board to recommend that Town Treas- the Board approve the award of a bid to borrow $355,000 from the Shawmut urer - Money County Bank at 2 79%, notes to be dated June 15, 1976 and maturing on for Land October 1, 1976 He informed the Board that, over the past six months, Acquis we have been acquiring four parcels of land voted by Town Meeting in 1975 - Pinard, Mimno, Napoli, and Lexington Associates - for Conservation and Recreation purposes Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to borrow $355.000 from the Shawmut County Bank at 2 79% interest, notes to be dated June 15, 1976 and maturing on October 1, 1976 Representative Carol Amick met with the Board to discuss the appli- Hanscom Fld cation of Stewart International Airlines for approval of a proposed Stewart commuter operation between Hanscom Field and Newark, New Jersey Internt'l Rep Amick. I just found out last week that Mr and Mrs Gilchrist Airlines of Framingham, representing Stewart, have filed a formal proposal for a commercial air service Representatives of Framingham have been lobbying 122 Selectmen's Meeting June 7, 1976 veryhard in favor of it I am veryconcerned and have contacted Burling- ton, ton, who has the same policy as Lexington, and Bedford Massport is having the hearing on June 10 and I could hand-deliver a letter from the Board re- affirming your policy and expressing your concern as there is to be a master plan for Hanscom. Acting Chairman Busa The Board still stands firm on the policy that 1 Lexington accepts the fact that Hanscom Field will remain an airport 2 We oppose the use of Hanscom Field for commercial aviation 3 We oppose any changes in general aviation which would result in more frequent flights or noisier types of aircraft 4 We oppose any extension of the existing airfield and runways, or of the total airport property 5 Land uses around the perimeter of the airfield itself must be com- patible with uses in neighboring towns Access by road or public transportation should be planned in cooperation with the towns 6 We urge both those responsible for airport operation and those responsible for the operation of aircraft to work diligently to reduce noise and other pollution resulting from present use Mrs Battin moved and Mrs Miley seconded the motion to reaffirm the policy established by our previous vote as noted in our letter of February 10, 1975 to Mr Sanborn Brown, Chairman of the Governor' s Hanscom Task Force, and thereby would oppose the Stewart International Airlines' pro- posal presently before Massport Mr Bailey I have no basis for changing my support of our original statement but as this goes down the pike and we get closer to a master plan, I would be reluctant to include this (Gilchrist) Our statement should stand on its own I have to go to New York often and it is ecolog- ically unsound for me to go to Boston when I could go to Hanscom. I don't know what the flights are, and I would ask that question, and it is not so awful as if they were going to run them up to 11 00 p m If I support a motion, it would be to stick with our original position and let Massport do what it has to do and hope we get a master plan soon Upon motion duly made and seconded, it was voted 3-0 to reaffirm the policy established by our previous vote as noted in our letter of February 10, 1975 to Mr Sanborn Brown, Chairman of the Governor' s Hanscom Task Force, and thereby would oppose the Stewart International Airlines' proposal presented before Massport Mr Bailey abstained Representative Amick agreed to hand-deliver a letter, addressed to Dr James Fay, Chairman of the Massport Board, presenting the position of the Board at the hearing on June 10, 1976 Mark Moore Acting Chairman Busa requested that the Board discuss Mr Mark Moore's Lois Lane proposal to place six Town and Country lights on Lois Lane St Lights Mr Moore was present and explained that there are 26 homes in the area, occupied by people who may stay here in Lexington Also, he has I_ 23 Selectmen's Meeting June 7, 1976 made a small contribution of land to Conservation Mrs Miley Would it save on the number of lights to be used if it were the standard type? Mr Moore Yes There would be six of each; that is my understanding Acting Chairman Busa We are awaiting a report from Mr McSweeney on the final dollar figure Mr McSweeney My original repDrt said that the lights are $162 vs $150 for the underground conventional lighting Mr Moore is proposing six lamps and we reviewed our light plan and would use six of our own As we said previously, on Fairfield Drive and Lois Lane we do not recom- mend the contemporary light for general use as it does not meet the re- quired standards for roadway safety in a public way, both for pedestrian and vehicular traffic The Design Advisory Committee has said that you would need four times the lumens I don't think there should be 18 or 20 lights as it is a short street "Do you have the same lighting?" was the question, and you don't We have approximately 6,000 street lights all over town and there must be at lease 1,000 in underground and subdivisions As I stated before about Fairfield Drive, we would be setting a precedent Acting Chairman Busa What is the pleasure of the Board? Mr Bailey' I haven't been able to look at similar types in sur- rounding towns Acting Chairman Busa There has been no motion for approval and, therefore, the installation of street lights on Lois Lane now reverts to the requirements of the Subdivision Control Act Mr O'Connell requested approval of the Board of a settlement with Drain DeMatteo Construction Co of $5,992 49 This is a long standing item Construc going back to Article 4 of June 20, 1966 Special Town Meeting for drain DeMatteo construction The Town has refused to pay the balance of $9,187 because Art 4 '66 it was necessary to hire another contractor to complete the work, which was not satisfactorily Mr McSweeney has worked out the agreement with DeMatteo, and Town Counsel is satisfied $3,200 was paid to the other contractor to fix the faulty work and it cost the Town $455 for repairs to the water main We have a balance of $12,627 in that Article available for payment Mr Bailey Will this close out the Article? Mr. O'Connell Yes Upon motion duly made and seconded, it was voted to approve payment of $5,992 49 to DeMatteo Construction Co as a settlement for work done on drain construction, as approved under Article 4 of the June 20, 1966 Special Town Meeting Mr O'Connell advised that when the Town Treasurer inquired about Chapter 70 the Chapter 70 reimbursement usually received about the end of June, he Reimburse- was shocked to hear that payment would not be forthcoming as Lexington ment had been overpaid in 1974 reimbursements and the Town would be losing approximately $605,000 under Chapter 766, special education needs Half of the amount would be deducted from this year's receipts with the choice 124 Selectmen's Meeting June 7, 1976 of paying back the rest in cash or having it deducted from next year's reimbursements Town Counsel said that there is no authority for cash repayment and the only alternative is to ask for deferment There is no question about the School Department but the problem arises out of a different interpretation by the State I met this morning with Mr Spiris and Mr Maclnnes of the School Department and they will prepare a state- ment outlining the background and explaining their position They plan to meet with Town Counsel to discuss the possibility of legal action to recover the funds The Board might want to alert our representatives in the legislature, although this is an action of the Bureau of Accounts Mr Bailey- Clearly, we should advise our legislators of the dilemma and vigorously pursue all possibility of legal action to resolve the matter Mr O'Connell The Board might wish to advise the Assessors to hold the tax rate unset Acting Chairman Buse The guidelines were set down by the State and the School Committee operated under them. The error was in the interpre- tation of other than the Town of Lexington I agree to hold off on setting the tax rate Mr O'Connell is to advise the Board of Assessors and to keep a close check of developments of the efforts of the School Committee Towing Mr O'Connell advised the Board that Chief Corr was satisfied with Policy the storage of 25 cars being added to the Towing Policy and, as Mrs Miley suggested, that storage be in Lexington Chief Corr was asked to watch the towing closely and to report to the Board on what the operating ex- perience is The following Policy of the Board of Selectmen on Police Authorized Towing was adopted by the Board. 1 The Police Department, using suitable criteria established by that department and approved by the Board in September 1975, shall deter- mine for any Lexington firm which customarily offers vehicle towing service and which applies for Town business, whether that firm ade- quately qualifies to provide police authorized towing work The qualifications include meeting all Zoning By-Laws requirements in- eluding capacity to store 25 cars in Lexington 2 The Police Department shall maintain a list of all qualified and authorized towing companies, from which towing assignments will be made 3 The established policy and procedure of having the vehicle owner or operator designate who shall tow his vehicle wherever possible shall be continued The owner's or operator's choice is not limited to the authorized list Police authority to order vehicle towing, when in the judgment of the responsible police officer it is required by public safety in- terest, is not restricted by the owner choice procedure 4 Towing assignments shall be made from the authorized list by the Police Department on a regular succession basis which will provide 1625 I III Selectmen's Meeting June 7, 1976 fair and equitable distribution le d stribution of work over a one month period The Police Department shall, after review with the towing firms involved, establish the most suitable schedule of work allocation 5 The Police Department shall issue a report monthly covering the towing work allocations made during that period Mr O'Connell discussed the bill. from the Transportation Advisory Transporta- Committee for $21 50 per day for riding MBTA buses for two days during tion Comm. a survey He recommended that funds could be obtained from the Mis- cellaneous Committees' Account 2370 The Board agreed that the Transportation Committee be reimbursed from Account 2370 in the amount of $ 3 00 Acting Chairman Busa requested he Board to Sign Contract 75-9-E Contract Upon motion duly made and secon ed, it was voted to sign Contract 75-9-E 75-9-E, awarded on May 10, 1976 to U ited Construction Company for Sewer & sewer and drain construction in the unt of $255,871 87; authorized Drains under Articles 20 of 1975; 21 of 197.); 17 of 1974 Acting Chairman Busa read a request from the Chamber of Commerce Chamber of to hang banners on private property Commerce Upon motion duly made and seconded, it was voted to refer to the Banners Building Department and the Board of Appeals the request from the Chamber of Commerce to hang banners on private property at Lexington Center, North Lexington, East Lexing=on, Countryside, and Marrett Road and Waltham Street interesection Acting Chairman Busa read a request from Attorney Stuart Liss to Sheraton change the name on the Sheraton-Lexington Motor Inn liquor license Lexington from Hotel Tara Limited to Dunfey Family Corporation, and to sign the Liquor request to the Alcoholic Beverages Control Commission for approval of License the change in name Upon motion duly made and seconded, it was voted to inform the Block Party Minuteman Associates Association tha_ the Board had no objection to a block party on Saturday, June 26, from 12 00 Noon to 9 00 p m. with a rain date of June 27, by blocking ofE Dudley Road and Geoffe Road, subject to the rules and regulations of the Police Department Upon motion duly made and seconded, it was voted to approve the Ambulance request of the Tax Collector to rescind the vote of May 10, 1976 to Abatement abate the ambulance bill of Louise Reed, Arlington, as the bill has been paid in the amount of $10 00 Acting Chairman Busa read a regaest for the use of the Green Permit - Upon motion duly made and seconded, it was voted to approve the Battle Gr request of the West High Band and Drill Team to use the Battle Green for a band concert and drill demonstration on one evening in August, subject to the supervision of the Town Manager and the Bicentennial Committee Selectmen's Meeting June 7, 1976 Summer The Board discussed a request from Mr McSweeney, Director of Public Landfill Works/Engineering, for approval of the summer schedule at the Hartwell Schedule Avenue Sanitary Landfill Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Director of Public Works/Engineering for a change in hours of operation of the Hartwell Avenue Sanitary Landfill from June 20 through Labor Day, September 6, 1976, as follows Monday, Tuesday, Wednesday, Friday and Saturday - 8 00 a m. to 5 00 p.m. Thursday - 8 00 a m. to 7 00 p.m. Sunday - Closed Also, the landfill is to be closed on three additional holidays Martin Luther King Day, Washington's Birthday, Columbus Day Mr McSweeney was instructed to make arrangements to advertise a no- tice in the Lexington Minute-man for the next two weeks and to have a large notice posted at the entrance to the landfill Special Acting Chairman Busa read an application from W R. Grace Co for a Liquor special 1-day liquor license License Upon motion duly made and seconded, it was voted to sign the 1-day special liquor license to W R. Grace Co for a retirement party on June 24, 1976, with a fee of $25 00 Moon Hill Acting Chairman Busa read a recommendation from Mr McSweeney re- Sewer garding easements for the Moon Hill Area Sewer Project Easements Upon motion duly made and seconded, the Board voted an intent to 111 take permanent and temporary easements for the Moon Hill Area Sewer Project under Contract #76-5-E Mrs Miley's Mrs Miley read the following statement Statement "I would like to request that the Town Manager direct the Police Police- Department to use forebearance during the week of graduation Graduation festivities There was an admirable demonstration of restraint Parties by all concerned during a party of 300 youths last Wednesday night I hope it will continue this week " Mr Busa I think the Policy Department has always used admirable restraint Mrs Miley I am emphasizing it this week Executive Upon motion duly made and seconded, it was voted by roll call vote Session of 4-0 to go into Executive Session to discuss strategy with respect to collective bargaining, and matters concerning personal services and the reputation of a person After discussion, 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 G " Z L 1 4t Executive Clerk, Selectmen V