HomeMy WebLinkAbout1975-11-17-BOS-min 4754
SELECTMEN'S MEETING
November 17, 1975
A regular meeting of the Hoard of Selectmen was held in the Selectmen's
Meeting Room o#► Monday, November 17, 1975, at 7 30 p.m. Acting Chairman
Bailey, Messrsl. Busa and Kessler, Mrs. Battin; Mr. O'Connell, Town Manager;
Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering,
Mrs McCurdy, Executive Clerk, were present.
Mrs. Margery M. Battin, Chairman of the Drug Advisory Committee, Drug
informed the Board that she would submit a report for the entire con- Advisory
mittee. Mr. Irving Mabee, Mr Sumner Perlman, members, and Mr. Charles Committee
McManus, Youth, Counselor, were present at the meeting. Report
Mrs. Battin The committee met and discussed how we were charged
in the beginning and where we would like to go. The original member-
ship hasn't changed and Mr McManus had the genesis as the Town Youth
Counselor. Our concerns have been expressed in the last three Town
Reports, to function as an advisory service with an advisory youth coun-
selor, to provide information and literature on drug education, and to
administer thel expenditure of the Selectmen's juvenile services budget
Our goals are to provide service to troubled Lexington youth; advise the
Youth Counselor on community needs; coordinate efforts with other Town
departments, community agencies and programs, and to make recommendations
to the Board of Selectmen regarding improvement, modification and financing
of services. We do coordinate with Mystic Valley Mental Health Clinic
and the Drug Coordinator, who attends our meetings regularly The Youth
Counselor provides necessary services and he needs a group that he can
report to and teoeive direction. He needs to deal officially and in-
formally with troubled youngsters Next year, we plan to monitor those
youth services' we fund and those we don't We will require regular
monthly reports from rte-Place, Mystic Valley Mental Health, School De-
partment Guidance Counselors, and any other advisement services. All
of us are interested in setting common goals and we hope to meet with
them to talk over areas of common interest on town-wide youth programs
and facilities, and identifying problems of needs of youth in the Town.
We have common interests with the Community Relations Committee and
hope to talk with them on how to communicate with them on problems of
children, and We feel we could cooperate.
We have a, problem we don't know how to answer. We feel that Select-
men's Drug Advisory Committee to be a misnomer and would like to be known
as the Youth Advisory Committee. We feel there is merit in having a
Selectmen on the committee as it has to work closely with the Board of
Selectmen, and to rotate one member off a year - but this is not unanimous.
I think there is merit in thinking out it We would like to go on and
continue in the direction we are going.
Mr. McManas Over the past year I have continued to do most of the
things I have been involved in. I have been in touch with school personnel,
guidance counselors, and some of the staff at Mystic Valley Mental Health.
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Selectmen's Meeting November 17, 1975
The hotline at Re-Place is in operation with 3 or 4 calls a week; they
are instructed how to handle these calls and to come to me Re-Place
is the main part of my work and meeting with the staff. They also refer
either youths or parents who wish to see one of the two counselors avail-
able. I have had 32 referrals since the beginning of this year. For
several years, I have been working closely with the probation officer and
see him weekly for the purpose of going over problems he may have. The
biggest change in the past year was in April when I was initiated into
going to the police station, and I have been going once a week to review
the police journal and select problems indicating an opportunity of my
getting involved with youth or parents We made 28 attempts to contact
people by phone; 16 were never seen and 5 felt it was none of our business;
some are getting assistance or looking for assistance. I am currently
working with 3 and have seen them for several sessions and referred them
to private therapists. It was mutually agreed that 5 had problems of
less seriousness. I am hoping to continue to pursue it.
Mr. Bailey Thank you for the report Are you making headway in
tying together what is going on in the school system and Mystic Valley
as a uniform approach to the Lexington Problem?
Mr. McManus It is difficult to answer. The new Director is attempt-
ing to get more involved with school people to provide consultation ser-
vices but the school has hired their own consultation apart from Mystic
Valley
Mr. Bailey: As far as the rotation system in concerned, around March
make your own decision. As far as combining the relationship of your
committee and the Youth Commission and/or changing the name of your com-
mittee, we have Chairman of both boards. The Drug Committee is dealing
with troubled youth and the Community Relations Committee with untroubled
youth.
Mr. Busa I don't wish to see the Drug Advisory Committee expand to
involve the major committee in operation. The question I have is if the
drug problem seems to have leveled off. Is this true?
Mr. McManus There has been some lessening. Most of the kids I
deal with are involved in alcohol rather than drugs per se.
Mr. Busa I don't know which is worse.
Mrs. Battin It is a combination of the two
Acting Chairman Bailey thanked Mrs. Battin and Mr. McManus for their
reports.
Mr. McManus, Mr. Perlman and Mr. Mabee retired from the meeting.
FY 77 Mr McSweeney presented the schedule for FY 77 requests for street
Streets acceptances
November 20 - Informational meeting.
December 15 - Board votes the intent to lay out streets.
December 19 - Notify Planning Board of the vote.
January 6 - By this date, written notice of intent to lay out to be
delivered to abutters by constable.
January 13 - Public hearing by Board of Selectmen.
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Selectmen's Meting November 17, 1975
January 19 - Board votes to lay out streets
February 23 - By this date, layout plans filed with Town Clerk by
Town Engineer.
March 1 - After this date and before close of Town Meeting,
acceptance of layout by Town Meeting. Within 30 days,
adoption of Order of Taking by eminent domain by
Selectmen and award of damages.
Within 30 days of adoption of Order of Taking, re-
cording in Registry of Deeds of Order and any better-
ments by Town Engineer.
List of streets submitted Crescent Road, Briggs Road, Great Rock
Road, Banks Avenue, Cushing Street, Emerald Street, Tower Road, Tucker
Avenue.
Acting Chairman Bailey According to this list, it looks like a lot
of dollars.
Mr McSweeney agreed.
Mr. Bailey When do you expect to have information from the Planning
Board on subdivision streets?
Mr. McSweeney I believe they are reviewing them tonight and they
will send us a list by December 15.
Mr. Bailey We will wait for you to get back to us on the recomm
mendation on dollars.
Acting Chairman Bailey read a report from the Director of Public Landry
Works/Engineering regarding the Landry sewer betterment assessment, as Sewer
follows "ThelNovember 15, 1972 letter to Mr Arthur N Landry, Jr. , Betterment
5 Minuteman Lane, stated that the Board of Selectmen voted to defer
$1,000 of the Sewer betterment assessed to Lot 145, Map 50, for a period
of three years, and further stated that, 'if, within that period of time,
this property is changed in any way or if the lot is sold or subdivided,
this deferment of $1,000 will terminate and would become payable '
Inasmuch as the Board of Assessors has informed us that this lot was
sold in April of 1973, it is our opinion that this deferment was termi-
nated as of that date and that payment is due the Town of Lexington "
The Boardl agreed to notify the Board of Assessors that the defer-
ment was terminated by the sale of Lot 145 in April, 1973 and, therefore,
the sum of $1,000 is due and payable to the Town
A letter is to be written to Mr Arthur Landry to this effect
The Board discussed a report from the Director of Public Works/ Summit Rd
Engineering concerning a request from Mr John Dearden, 33 Summit Road, Sewer
and residents Of Summit Road for a connection to the Town sewer system. Request
The report states that the petition was submitted too late to be in-
cluded in the i'Y 77 Capital Budget A formal petition will be prepared
and sent to Mr, Dearden for signatures and, if returned before the
October, 1976 deadline, it will be included in the FY 78 budget request
Mr. McSweeney's report was accepted but the Board agreed that if the
existing situation worsens, and if there are available funds, considera-
tion would be given to adding this project to a sewer contract
Mr Dearden is to be so informed.
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Selectmen's Meeting November 17, 1975
Therequest of the New En
Mariam St. Board discussed and agreed to grant the land g
Telephone Telephone Company for an extension of time on the three outdoor telephone
booths remaining at the existing location on Meriam Street, with the under-
standing that the three booths are to be lighted all night The Board also
approved Mr. O'Connell's recommendation that appropriate signs be installed
on Mass. Avenue indicating the location of the telephone booths on Meriam
St. and Mr McSweeney was instructed to make the necessary arrangements
for the approval of the Historic Districts Commission.
Street A report from the Director of Public Works/Engineering recommended
Lighting against the installation of an additional street light in front of 39
Ashbury Ashbury Street, as requested by Mrs. Clarence Bentley. However, it was
Street agreed to offer assistance to Mrs. Bentley by a DPW employee meeting
with her to investigate the outside home lighting in order to obtain the
fullest illumination possible.
Upon motion duly made and seconded, it was voted to accept the recom-
mendation of the Director of Public Works/Engineering and a letter is to
be written to Mrs Bentley offering assistance in resolving the outside
lighting problem.
Traffic- The Board discussed a report from the Traffic Safety Committee in
Lowell/ response to a request from Mr. Wesley M. Hill, Jr , 335 Lowell Street,
Woburn/ concerning traffic conditions on Lowell Street between Woburn and Maple
IMaple Sts. Streets
Upon motion duly made and seconded, it was voted to accept the report
of the Traffic Safety Committee and to inform Mr. Hill that, after investi-
gation of the number of accidents which have occurred in this area since
January 1, 1975, there were no accidents caused by a engineering deficiency
or a roadway defect Therefore, the Traffic Safety Committee sees no prob-
lem in this regard. A Crossing Guard is stationed at the school crossing
during school hours; however, if the "School" signs in this area are in
any way obscured, the Committee feels they should be relocated to improve
visibility
Traffic- A report from the Traffic Safety Committee was read, stating that the
York St. Town has no authority to erect warning signs or install bumps on York Street,
as requested by William A. Schaffer, 27 York Street, as this portion of York
Street is unaccepted
Upon Motion duly madeand seconded, it was voted to accept the recom-
mendation of the Traffic Safety Committee on the unaccepted portion of
York Street
Webster Acting Chairman Bailey read a recommendation from Mr Norman Cohen,
Easement Town Counsel, to sign the easement given to Mr Alden Webster over Town-
owned land
Upon motion duly made and seconded, it was voted to sign a perpetual
access easement to Mr and Mrs. Alden L. Webster over Town-owned land
adjacent to their property at 113 North Street, as authorized under
Article 39 of the 1975 Annual Town Meeting
Selectmen's Meting November 17, 1975
The Board discussed a letter from Mr Howard Cravis, Vice Chairman TMMA
of TMMA, and it was agreed to write to Mr. Cravis informing him that an
announcement of the entire schedule of Town Meeting sessions could be
recommended at the first session, and it is the general feeling of the
Board to have sessions on Mondays and Wednesdays, except for unusual
circumstances. ; Regarding his point having to do with response to ques-
tions raised from the floor, the Board felt that reasonable questions
had been answered and, to their knowledge, timely questions had ever
been left hanging by a respresentative of the Town.
The Board discussed a letter from Mr. Lloyd Gilson, Partridge Road, Nordblom
regarding the Nordblom proposal for industrial park development bor- Burlington
dering Lexington, Bedford and Burlington. Mr Gilson had included a Industrial
copy of an article which had appeared in the Minute-man outlining a plan Park Plan
presented by the developer at a Burlington meeting, which would bypass
the Legislature and go directly to the State DPW. Senator Ronald C.
MacKenzie had filed a bill regarding access to the property so that the
industrial park could be built
The Board' agreed to a joint meeting with the Planning Board and
Mr Nordblom, who will be asked to present his plan for discussion at
meeting to be Scheduled in December or early January Senator MacKenzie
Representative
Cole, Amick and Dickson are to be invited to the meeting.
Upon motion duly made and seconded, it was voted to grant the re- Elks -
quest from Elks Lodge No 2204 for an extension of hours under the Club New Year's
liquor license to 2 00 a.m. on New Year's Eve. Eve
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 Barky Agranat, 122 Kendall Road, "Friends of Brandeis
Athletics, Inc." and Mara White, 13 Fletcher Avenue, "Homebirth, Inc."
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of October 20, 1975.
The Board' discussed the 1976 Annual Town Meeting. 1976
Upon motion duly made and seconded, it was voted to call the 1976 Annual
Annual Town Meeting (Election Day) for March 1, 1976, with polling hours Election-Town
of 7 00 a.m. to 8 00 p.m. Meeting -
Upon motion duly made and seconded, it was voted to call the first Closing of
deliberative session of the 1976 Annual Town Meeting for March 22, 1976 Warrant
at 8 00 p.m. in Cary Memorial Hall
Upon motion duly made and seconded, it was voted to close the
Warrant on Monday, December 29, 1975 at 4 30 p.m. for the submission
of Articles fopr the Warrant of the 1976 Annual Town Meeting
The Board discussed the dog hearing conducted by Selectman Howard Yeomans'
M. Kessler on November 12, 1975 at 9 00 a.m. on the written complaint Dog
of Barry Littleton, Animal Control Officer that a male collie/shepherd
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Selectmen's Meeting November 17, 1975
dog owned by Mr Frank A. Yeomans, 956 Massachusetts Avenue, Lexington,
is a nuisance by reason of a vicious disposition, and had bitten two
people on August 27, 1975
Dr Kessler This dog is a mixed breed and the two people bitten
were older men; one was 80 years of age and had to be treated at Symmes
Hospital We also heard that several other people have been bitten
within the last five years but, as they were not reported to the Town,
there was no evidence to prove the dogs were running loose at those
times It was difficult because this is a family dog Mr Yeomans
asked if the Board could make any suggestion at all to allow him to
keep the dog, and we don't question his sincerity He also suggested
chaining but it is our feeling that if the dog got out again and attacked
a child, we, in good conscience, could not recommend that the dog be
left in Town. There would not be a sufficient guarantee and, therefore, we
recommend that the dog be destroyed or removed from the Town
Mr O'Connell I believe the Board does not have the legal authority
for the destruction of the dog, only authority to remove it from the Town;
then the owner has the right to appeal to the District Court
Upon motion duly made and seconded, it was voted that after investi-
gation, including an examination on oath of the complainants at a public
hearing held on November 12, 1975, the Board of Selectmen has determined
that the collie/shepherd dog owned by Mr. Frank A. Yeomans, 956 Massa-
chusetts Avenue, Lexington, is a nuisance by reason of vicious disposi-
tion, and hereby orders that said dog be removed from the Town of Lexington
within two weeks from the time of receipt of the order by the owner of the
dog; that, until such removal, said dog be restrained to the premises of
said owner; and that from and after the time at which said dog is required
by this order to be removed from the Town of Lexington, neither the owner
nor any other person shall permit said dog to return or be brought back
to the Town of Lexington.
included in the order to be sent to Mr. Yeomans will be an excerpt
from Section 157 of Chapter 140 of the General Laws of Massachusetts
"Within ten days after such order, the owner or keeper of such dog may
bring a petition in the district court within the judicial district of
which the dog is owned or kept, addressed to the justice of the court,
praying that the order may be reviewed by the court "
1976 Upon motion duly made and seconded, it was voted to sign the follow-
Common ing 1976 Common Victualler Licenses, which have been approved by the
Victualler Board of Health
Licenses
Anick Enterprises, Inc. dba
Dunkin Donuts 373 Waltham Street
Brighams 94 Bedford Street
Brighams 1775 Mass. Avenue
Kentucky Fried Chicken 211 Mass. Avenue
Denny's Restaurant 438 Bedford Street
Jeffro, Inc dba Deli-Shuss 1841 Mass. Avenue
Pine Meadows Country Club Cedar Street
485
Selectmen's Meting November 17, 1975
Peking Gardens 27 Waltham Street
Lexington Golf Club, Inc 55 Hill Street
Friendly Ice Cream Corp 66 Bedford Street
Powder Horn Golf Club 40 Walnut Street
Upon motion duly made and seconded, it was voted to sign the follow-
ing 1976 Package Goods liquor licenses, Club liquor licenses, and
Restaurant ligyior licenses. Mr. Buss abstained from voting
Retail Package Goods Stores Package Goods
Berman's Market Incorporated 55 Mass. Avenue
Lexington Liquor Mart, Inc. 58 Bedford Street
Club 4,icenses Clubs
Lekington Lodge #2204 B P 0.E 959 Waltham Street
Lexington Council No. 94 K of C 177 Bedford Street
Restaurants Restaurant
Lexington Enterprises, Inc. dba
Peking Cardens 27 Waltham Street
Acting Chairman Bailey informed the Board that a request has been May Land
received from the Conservation Commission to vote to acquire the May Taking
land.
111Upon motion duly made and seconded, it was voted to approve the
request of the Conservation Commission to acquire the land owned by
Robert and Patricia May
A request was also received from Norman P. Cohen, Town Counsel, to
sign the order of taking of the May land.
Upon motion duly made and seconded, it was voted to approve the
request of Town Counsel and to sign the order of taking by eminent do-
main for conservation purposes a parcel of land owned by Robert A. and
Patricia May of 16 Fletcher Avenue, and shown as Lot 36 on Land Court
Plan 5982-0, which plan is filed with Certificate of Title No. 102070
of the Middlesex South Registry District of the Land Court, and which
parcel is covered by Certificate of Title No 107022 in Registration
Book 665 at Page and is bounded and described as follows
NORTHWESTERLY by Grove Street 179.95 feet; NORTHEASTERLY by Lot 35-
232 57 feet; SOUTHEASTERLY by Lot 38-76 feet; and SOUTHERLY by Lot 37-
25] .68 feet; award of damages in the amount of $4,000.
Mr. O'Connell informed the Board that a request has been received Home Rule
from the Massachusetts League of Cities and Towns for a voluntary con- Legal Fund
tribution of $156 37 to the Home Rule Legal Fund. He recommended
approval of the Board.
Mrs. Battin agreed with Mr O'Connell's recommendation.
Upon motic`n duly made and seconded, it was voted to contribute
$156.37 to the Home Rule Legal Fund, as requested by the Massachusetts
League of Cities and Towns
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48€;
Selectmen's Meeting November 17, 1975
RR Signs Mr O'Connell discussed railroad signs that were installed in the
Town by the State in the middle of sidewalks and in front of homes.
Historic Districts Commission has written two letters to the State with
no response.
Mr. McSweeney pointed out that a letter had been written to the
State accepting the signs and they were installed before the Town was
given the opportunity of reviewing the locations.
The Board agreed to refer the matter to Mr. O'Connell and the
Traffic Safety Committee to resolve the question of the need of signs
in locations selected by the State DPW
Fire Dept Mr. O'Connell reported on the status of the promotion review program
Lieutenant to fill the vacancy of Lieutenant in the Fire Department Following a
written examination of 19 candidates, the Selection Board interviewed
9 men, representing the top half of the group, and submitted recommenda-
tions to the Town Manager. Candidates will be advised shortly and an
appointment will be made. This list will provide us with candidates
for Lieutenant for the next three years
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 personnel, litigation, public
health, 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
11:50 p m.
A true record, Attest
xecutive Clerk, Selectmen
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