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HomeMy WebLinkAbout1975-10-06-BOS-min 4:3:3 SELECTMEN'S MEETING October 6, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, Oct- ober 6, 1975, at 7 30 p.m. Chairman Kenney, Mr Buse, Mrs Batting Dr Kessler; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Eng- ineering; Mrs McCurdy, Executive Clerk, were present Chairman Kenney declared the hearing open on the N.E.T. & T. Pole Co and Boston Edison Company petition to relocate a pole on Fern Street Fern Street near Pleasant STreet Notices of the hearing were sent to abutters and also filed with the Public Works Department A report from Mr. McSweeney, Director of Public Works/Eng- ineering, was read stating that, because of the abutter's ob- jection to the new location, he had met with Mr. Coscia, DPW Manager, and representatives of N.E T & T. Co. , and the Boston Edison Company to review the matter. It was agreed that this new location, as requested by the Town, would not present any problems to the utility companies and Mr Milewski, the abutter. Also, it would not require a new easement nor would the wires or pole relocation interfere or cross over the property in question. Mr. Milewski was contacted by telephone and it was explained that this was part of a highway safety improvement for the intersection of Fern and Pleasant Streets. He appeared to be satisfied and, therefore, we recommend approval of this relocation of the pole Mr. Roland Pinault, representing the Telephone Company, and Mr. Louis Pratt, representing the Boston Edison Company were present. Mr. Pinault I talked with Mr. Milewski and he asked about the wires being close to his house. I explained to him that the wires will have the proper clearance. No one being present in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone and Telegraph Company and the Boston Edison Company for the following Fern Street from existing pole 32/1, located on the southerly side approximately 44 feet west of Pleasant Street, westerly 5 feet, one pole. Old pole to be removed. 1434 Selectmen's Meeting October 6, 1975 Personnel Mr O'Connell introduced to the Board the new Personnel Administrator Administrator, Mr. Charles A. Cook, whose appointment was effective September 29, 1975. The Board welcomed Mr Cook and wished him success in his new position with the Town of Lexington. Fire Dept Mr. O'Connell introduced the new Deputy Fire Chief, John New Deputy McDonough, and the new Fire Captain, John Fradette. Chief & Fire Chief Joseph P. Marshall was present and introduced Captain the families of the new appointees. The Board congratulated Deputy Chief McDonough and Captain Fradette and wished them well. Battle Mr. O'Connell distributed copies of printed rules on the use Green of the Battle Green by townspeople and visitors that games, sports, or picnicking are not permitted; no climbing of trees or the Minute Man statue; photographs may be taken but caution must be used when taken from the street in front of the statue; no bicycles to be ridden or parked on the Green; no littering Chairman Kenney This information will be helpful to all and we will know by next spring if we have been successful Mr. Jeffrey Shaw, Administrative Assistant We have printed 20,000 of the small ones, 50 large posters and 50 laminated copies, 111 which will be given to the Guides We will distribute them to the Visitors Center, travel bureaus, restaurants, and other places in Town Mr O'Connell I hope we can persuade the Historical Society to let us put them in the Taverns. The Board agreed that the pamphlets and posters should help to alleviate the existing situation in the Battle Green area. Presential Mr. O'Connell updated the Board on the 1976 elections. He Primary read the following letter, addressed to Secretary Guzzi, in reply Town to a memo received by Miss McDonough, Town, Clerk, or Presidential Elections Primary and Town Elections "To the best of our knowledge, we have not been furnished with a copy of Chapter 600 of the Acts of 1975. We would appreciate one and would like to know if the reference law is in effect. At its meeting of September 29, 1975, the Lexington Board of Seleetmen,afterSe careful examination of the alter- natives and their impact, voted to take no action to change the date of the annual town election and has directed the Town Manager to take appropriate action to assist the Town Clerk to conduct elections on March 1 and March 2, 1976. A majority I 435 Selectmen's Meeting October 6, 1975 of the Board felt that the unfavorable consequences of moving the town election date were greater than the problems of coping with elections on two successive days. Our Board also questions the appropriateness, even if legalized, of denying the Town Meeting its present right under the general by-laws to establish the date of the annual election Speaking personally, it is re- grettable that Massachusetts towns have been placed in this very difficult, avoidable situation. Your letter lists the areas of "confusion and difficulty" caused where two local elections are held during the period between February 1 and April 1, 1976 It does not deal with the substantial set of local problems which would be generated by holding the annual election prior to February 1 or after April 1, As you are well aware, the first Monday in March has been the date designated by by-law for the annual election for many years in many towns. We shall appreciate receiving your suggested methods for dealing with the problems of successive elections mentioned in your memorandum." Chairman Kenney There are several suits now that could conceivably change things. 111 Miss Mary McDonough; Town Clerk It is going to be very complicated to run two elections as there will have to be two sets of voting lists and registrations. As far as voting machines, I hope there will be no problems. We have 54 voting machines for the 9 precincts; we could set up 2 machines for the Town election and that would leave 4 for the ?residential Primary. We now have an American Party and that will require additional machines. Chairman Kenney It seems to me that we should have a back- up machine for each party in case of a breakdown. IB there any possibility of renting machines for one day. Mr. Jeffrey Shaw We might be able to borrow machines for one day as other towns are on an April schedule. Mr O'Connell Miss McDonough will organize the plans_ and we will try to examine all problems and work out solutions. Mr O'Connell discussed the revision of maps under National Flood Flood Insurance Mr Briggs, Planning Director, reports that Lex- Irisurance ington was selected as one of the first 40 communities to be Maps studied by HUD in 1976. He believes that the Town has fulfilled its obligation to Town Meeting on areas which are wet As one of Communities that HUD is working with, it looks as if we can get mutual agreement on flood-prone areas. 4[36 I Selectmen's Meeting October 6, 1975 Mr Diran Semonian, 504 Lowell Street, and Mr. Ephriaim Semonian - Weiss, Town Meeting Member, met with the Board to appeal the Lot A decision of the Board on July 28, 1975 that all outstanding Betterment betterment charges against Lot A on Laconia Street be retained. Charges Mr. Semonian I think the Board for reconsideration and that all betterment charges, liens, interest and other charges be deferred until such time as Lot A is divided or built upon. We were asked to pay for what we thought were excessive better- ments and the deferment we asked for was for the pond area. Chairman Kenney In July, we had a report from Mr McSweeney recommending that your request be denied as Lot A is a large, single parcel with your home built upon it and is not the empty lot described by you. Also, that your contention that the area is a pond is not correct; the lot upon which your home is built contain several ponds. Betterments have been assessed no differently than those to any other property in Town Mr. Semonian We are being asked to pay betterments of $5,500 and, over 20 years, it will be approximately $7,000 for a pond that I would get nothing out of How can you build on the land that is there? Chairman Kenney As far as we are concerned, it is a house lot and there is a house on it 111 Mr Cohen. It should be noted that Mr. Semonian had a number of court cases against the Town which were brought before I was Town Counsel We ought to get the facts on how these cases came out Mr Semonian. Litigation was not on Laconia Street but be- cause of easements through my property After further discussion, it was agreed not to change the decision of the Board on July 28, 1975, that all outstanding betterment charges on Lot A, Laconia Street be retained. Vine Brook Mr Cohen Town Meeting has voted to authorize the Town to Easement - acquire easements alond Vine Brook and Mr. and Mrs. John Ingraham Ingraham have granted an easement to the Town.to enter and clean Vine Brook. Upon motion duly made and ._seconded, it was voted to accept the following easement "That portion on the southerly side of the center line of the Vine Brook Channel as shown on a plan entitled "Town of Lexington, Massachusetts, Plan Showing Land and Ease- ments for the Vine Brook Channel and Conduits and for a Low Level Sewer" Recorded as Plan Number 796 (G of 11 of 1938) Book 6245, Page 241, Middlesex South Registry of Deeds." I Selectmen's Meeting October 6, 1975 Chairman Kenney read a request from Town Counsel to sign Belfry the Order of Taking for temporary construction easements on Belfry Terrace - Terrace. A report from Mr McSweeney recommended an award of Temporary no damages for the taking of these easements for the construction Construction of Belfry Terrace. Easements Upon motion duly made and seconded, it was voted to sign the Order of Taking for temporary construction easements on Belfry Terrace: Lpt No. Supposed Owners 153 Lexington Friends Community Residence, Inc. 154 John M. Deutch and Samayla Deutch h/w 155 Claude L Patterson and Louise F. Patterson h/w A John E. Pearson and Marianne S Pearson h/w B Annette Slocumbe 159 Paul Whipple and Marion G Whipple h/w 160A Evelyn W White 4 Margaret Z Cole 2A & 3 Edward J DiGesse and Alice J. DiGesse h/w 2B James J McKenna and Mary M. McKenna h/w 171 Hancock Congregational Church Upon mo*ion du'y made and seconded, it was voted to approve Goldman the request from Mr. McSweeney to abate sewer charge in lieu of Sewer �! Y rg betterments to Wayne Goldman, 33 Turning Mill Road, in the amount Assessment of $1,138.65, which was incorrectly billed and should have been assessed as a sewer betterment. Upon motion duly made and seconded, it was voted to certify Certificate the character of the following who have applied for Certificate of of Incorporation Incorporation Twyla M. STuart 7 Brent Road "The American Schizophrenia Association Boston Chapter, Inc." Howard A. Reynolds 14 Valley Road "Meadowhouse, Inc." Chairman Kenney read an invitation from the Town Celebration Veterans Committee to participate in the Veterans' Day parade on Tuesday, Day Parade November 11, at 10 00 a.m Board members agreed to participate in the parade. I Selectmen's Meeting October 6, 1975 Resignation Chairman Kenney read a letter of resignation from former Transporta. Selectman Sanborn C. Brown as the representative of Lexington Committees on the Governor's Hanscom Task Force and other transportation committees Mr Brown recommended (1) long range planning interests will be best served if the same person represents Lexington's interests on all of these committees since only through a coordinated approach can the Town's overall planning be accomplished. (2) a member of the Board of Selectmen should take these responsibilities as those towns are best served where the Selectmen are directly represented rather than through a non board member appointee Mx. Brown requested that his resignation be accepted as of October 15, 1975 as he will chair the Hanscom Task Force meeting on October 14 Chairman Kenney Dr. Kessler is to make recommendations at the October 27 meeting for a Transporation Committee, and we can discuss these other committees at that time. The Board must keep in mind that there is a job to be done here and we will have to fulfill it. Upon motitn duly made and seconded, it was voted to accept, with deep regret, the resignation of Sanborn C. Brown as the rep- resentative of Lexington on the Governor's Hanscom Task Force, the CTPS Red Line Working Committee, the CTPS Route 2 Working Committee, and the Logan Communities Advisory Committee to Mass- port, effective October 15, 1975 A letter is to be written to Mr. Brown expressing the sincere appreciation of the Board of Selectmen and the citizens of Lexington for the time and effort so diligently expended by him in the interests of our Town Permit Chairman Kenney read a request from the Menotomy Minute Men to march through Lexington on Octobrr 12, 1975 Upon motion duly made and seconded, it was voted to grant a parade permit to the Menotomy Minute Men to march from the Arlington Town line to the Bedford Town line on October 12, 1975 at 10 15 a.m. Also, to request Chief Corr to make arrangements for a cruiser escort Hennessey Chairman Kenney read a request from Dr. JOhn Bergmeyer to Land and purchase Town-owned land, Lots A and B, adjacent to his. property Stable at 11 Mountain Road. Chairman Kenney As I recall, there is a fairly long history to this. Mr O'Connell Town Counsel and the Town Manager put in a considerable amount of time on this. In 1973, Dr Bergmeyer in- quired about a lease and we worked out the details Until this Al 9 Selectmen's Meeting October 6, 1975 particular letter, we have had absolutely no response from him. I would suggest to the Board that if it were put to the Town Manager and Town Counsel before, to refer it back to us. This land includes the stable and Dr Bergmeyer says in his letter that "if he owns the property he can better control, if not eliminate, some of the uses to which it is being presentely subjected." The Town has no intention of improving the land for Dr Bergmeyer. Also, we understand he has considerable personal property stored in the barn and, if so, he is tres- passing. He mentioned vandalism and the condition of the property, and I don't think ownership has much to do with vandalism. Chairman Kenney When we received the letter, I requested an opinion of the Recreation Committee. We have received a reply stating that the Committee feels that this land should not be sold by the Town Hennessey Park has been used this year to satisfy a recreational need of the Town and we are constantly trying to find_ more and better uses of Town-owned land and facilities, and we do not want to see any land sold that could hinder recreational plans. It was agreed to inform Dr Bergmeyer that it is the po- ll' sition of the Board of Selectmen that parcels A & B adjoining his property at 11 Mountain Road should not be sold. However, if he is interested in pursuing the matter of a lease, it is recommended that he contact the Town Manager. The Board discussed requests to purchase tax title land. Tax Title Chairman Kenney read a letter from the School Committee and it was agreed to grant the request to notify them before the disposit4on of tax title lots Schumacker request to purchase Lot 15, Beaumont/Lookout Streets Schumacher Recommendations from the following agencies: Planning Board-Sell to Schumacher; Conservation Commission-In- terested, hold in Town ownership; Housing Authority - Not interested; Recreation Committee - Not interested but do not sell. Chairman Kenney It is the policy of the Board that we intend to sell tax title land only if no other Town agency is interested and, usually, to be combined with an abutter's lot. Upon motion duly made and seconded, it was voted to deny the request of Mr. August Schumacher, 148 Wood Street, to purchase Lot 15, Beaumont/Lookout Streets. 1 44() Selectmen's Meeting October 6, 1975 Harrington request to purchase Lot 200, Banks Avenue i Harrington Recommendations from the following agencies Planning Board - Hold for Housing Authority; Conservation Commission - Sell to Abutter; Housing Authority - Requests report from Planning Board and/or Town Engineer as to whether or not a building permit could be issued for this lot; Recreation Committee - Interested as a recreational area for small tots Upon motion duly made and seconded, it was voted to deny the request of Mr Leo Harrington, 33 Banks Avenue, to purchase Lot 200, Banks Avenue Brumwell Brumwell request to purchase Lot 64, Lowell Street Receommendations from the following agencies Planning Board - ` Sell to Brumwell to be combined with his Lot 65; Conservation Commission - No reply as to an interest in this particular lot; Housing Authority - Not interested; Recreation Committee - Not interested but do not sell The Board agreed to ask the School Committee for comments regarding possible interest Upon motion duly made and seconded, it was voted to table the request of Mr R. A. Brumwell, 258 Lowell Street, to purchase Lot 64, Lowell Street, pending a reply from the School Committee Rogers - Rogers request to purchase Lot 184, Reed Street Curtin Curtin request to purchase Lot 184, Reed Street Recommendations from the following agencies Planning Board - Sell to Rogers to be combined with his Lot 183, Reed Street; Conservation Commission - No reply as to an interest in this particular lot; Housing Authority - Interested; Recreation Committee - Do not sell, acquire Lot 185 owned by Curtin Upon motion duly made and seconded, it-was voted to deny the requests of Mr David E Rogers, 118 Reed Street, and Mr Dean Curtin, 29 Downing Road, to purchase Lot 184, Reed Street Bertelli Bertelli request to purchase a portion of Orchard Street (paper street) MacKay MacKay request to purchase a portion of Orchard Street (paper street) Recommendations from the following agencies Planning Board - This is a private legal matter as the Town has no controlling interest in paper streets; Conservation Commission - No reply-- as to an interest; Housing Authority -No interest; Recreation Committee - No interest Mr Cohen There are plans showing lots on this paper street and they want to buy a portion of the street We are not author- ized to sell as there are legal questions Upon motion duly made and seconded, it was voted to inform Mr. J R. Bertelli, 53 Ward Street, and Mr. H A. MacKay, 122 Reed 441 Selectmen's Meeting October 6, 1975 Street, that the Selectmen have no authority to sell portions of paper streets because of legal questions concerning the rights of the Town, the abutters, and other owners of land. Therefore, the Town is not in a position to sell this land to them. Mr O'Connell The Recreation Committee states in its recommend- Policy on ations that, "as a policy, the Recreation is opposed to selling Town- Sale of owned Lots, except in cases where it is quite obvious that no recre- Tax Title ational used could develop for the land in the future " I Think that Lots the role of other Town agencies should be limited to individual parcels Otherwise, you might get into a situation of a Town agency saving that "our policy is not be sell any Town-owned land " This policy should be limited to one Board, the Board of Selectmen Chairman Kenney I agree We will just ask the Town agencies if they have an interest in a particular lot before a decision is made by the Board Mr Cohen informed the Board that the Town has foreclosed an Foreclosures approximately 32 parcels of land and, under the statute, the Treasurer must have an auction He is preparing the notice of public auction, with the right to reject any or all bids A meeting will be held with the Treasurer and we will follow the same procedure by notifying the Planning Board, Conservation Commission, etc Chairman Kenney Do you have description in terms of size? Mr Cohen Yes The Board agreed that Mr Cohen is to proceed with arrangements for a notice of public auction on foreclosed land Chairman Kenney discussed the Cary Memorial Library Trustees Cary Chairman Kenney As Chairman of the nominating committee for Memorial the Executive Committee of the Cary Memorial Library Board of Library Trustees, I have conculuded that we are very limited as, according Trustees to the will, they must be either a Selectman, School Committeeman, or a Minister In a town of 33,000, we are having trouble getting people Should we consider changing the terms of the will by hav- ing citizens on the Cary Board of Trustees? Mr Cohen I would be glad to look into it Dr Kassler• Times have changed and I think it would be a good idea. It was unanimously agreed to write to the Cary Trustees for an opinion on-changing the will to include citizens and, if agreed upon, Town Counsel will be requested to submit an opinion to the Board of Selectmen. 442 Selectmen's Meeting October 6, 1975 Chairman Kenney read a letter from Colonel Buck of Hanscom Hanscom Air Force Base stating that, because of economic pressures, it Air Force is necessary to restrict the participation of Air Force personnel Parades to one parade annually The Board agreed to reply to Colonel Buck that we fully understand the situation and we would appreciate having the Air Force participate in the April 19th celebration, only A copy of the letter is to be forwarded to the Town Cel- ebrations Committee Chairman Kenney informed the Board that the Town Clerk re- Lexington ceived the letter of resignation from Mr Albert Rhuby as a member Housing of the Lexington Housing Authority In accordance with the pro- Authority visions of G L Chapter 41, s 11, a notice will be inserted in Vacancy the Lexington Minute-man that a meeting of the Board of Select- men and the remaining members of the Lexington Housing Authority will be held on October 20, 1975, at 8 00 p m. to fill by role call vote the vacancy on the Lexington Housing Authority. The Board agreed. Town Chairman Kenney requested the Board to appoint members of the Report Town Report Committee Committee Upon motion duly made and seconded, it was voted to appoint the following members of the Town Report Committee; Louis A. Zenner, Chairman, Mrs Edith Cheever, Rev Harold T Handley, Richard W Hoover, Hal Sihgley, John E Taylor Agenda Mrs Battin discussed publishing agenda of Board and Committee Publication meetings Mrs Battin I have talked with Mrs Scigliano and she woiid be willing to have space available in the Minute-man Mr O'Connell Some committee do not post the meetings until the deadline (24 hours) but there would be no problem with those that have legal notices Mrs Battin It could be a partial agenda in advance of the meeting, and could include those items of general interest to citizens Dr Kessler I agree Most of the Boards and Committees would like to feel that the public is behind them, and if towns- people show up the word will spread and more people will come See if it works out 1 44:- . Selectmen's Meeting October 6, 1975 Mr O'Connell We will have to look into it and find a way We will have to ask committees to prepare an agenda Chairman Kenney to Mr O'Connell Prepare a memo to all com- mittees There could be a partial agenda ready for the Thursday edition of the paper Mr O'Connell agreed Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversdly affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning personnel, by-laws, inspections, and insurance, 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 Executive Clerk, Selectmen