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HomeMy WebLinkAbout1975-06-30-BOS-min SELECTMEN'S MEETING June 30, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, June 30, 1975, at 7 30 p.m. Chairman Kenney, Messrs Bailey, Buse, Kessler, and Mrs Battinr Mr. O'Connell, Town Manager: Mr Cohen, Town Counsels Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk. Mr. O'COnnell introduced to the Board the new Animal Control Animal Officer, Mr. Barry Littleton, whose appointment was effective today. Control The Board welcomed Mr. Littleton and wished him success in his Officer new position with the Town. Chairman Kenney declared the hearing open upon the application of LeBelleoour, Inc for an extension of the Common Victualler All LeBellecour Alcoholic Beverages License to cover the additional premises located Courtyard in the courtyard and the downstairs function room. and Notice of the hearing had been advertised in the Lexington Minute-Function man issue of June 19, 1975, and all abutters had been notified by Room the petitioner. 1111 Mr. Jean Alain Dupon, Manager of LeBellecour, was present and requested approval of the Board. Chairman Kenney A hearing had been held by the Board of Appeals and a permit was granted for the use of the courtyard on May 21, 1974. 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 an extension under the LeBellecour, Inc. Common Victualler All Alcoholic Beverages Liquor License t2: include the courtyard and downstairs function room on the premises at 10-12 Muzzey Street for the follow- ing hours Function Room: Monday through Saturday 11:00 a.m. to 11:00 p.m. Sunday 12 00 Noon to 11 00 p.m. Courtyard - 5/1/75 to 10/15/75 Monday through Saturday 11 00 a.m. to 11:00 p.m. Sunday: 4 30 p.m. to 10 30 p m. Approval of the Alcoholic Beverages Control Commission will be requested immediately. Mr Robert I Tarlin, Bicentennial Director, met with the Board. Bicentennial Chairman Kenney On behalf of the Board of Selectmen, I wish Director to express our sincere thanks to you for the excellent job performed during the preparation Lor the Bicentennial celebration and the culmination on the April 19th weekend. We, and the townpeople feel it was a tremendous success and we all extend our appreciation 358 Selectmen's Meeting June 30, 1975 for your efforts in implementing such a smooth operation. We take this opportunity to publicly thank you and wish you success in your future ventures. Mr. Tarlin: I thinM.that the Town of Lexington is unbeliev- ably fortunate in having such good people here, both elected and appointed, and I'll always remember you. Mr. Tarlin was presented with a Bicentennial plate and re- tired from the meeting. State Mr. O'Connell reported on the State Census. We have about 80 percent of the mail returns and nine census takers are going Census dour-toffidoor to gather information from those who did not re- turn the forms. Mr. O'Connell recommended that the Board award the contract East St for two fieldstone masonry retaining walls on East Street, which 1 Contract is being constructed unde the Chapter 90 program. Retaining Upon motion duly made and seconded, it was voted to award the Walls contract to Kenneth Cognina, Woburn, for fieldstone masonry work on two retaining walls on East Street, in the amount of $2,635.00. Barnes' Mr. O'Connell recommended that the Board award the contract Engineering to Barnes Engineering, Inc. for engineering surveys and plans on the Oneida land and two Conservation parcels on Pleasant Surveys & Street. Plans Upon motion duly made and seconded, it was voted to award the contract to Barnes Engineering, Inc. for engineering surveys and plans on three parcels of land in the amount of $2,790.00. Mr. O'Connell informed the Board that he had discussed with Library Brewer and Lord the matter of increased Library insurance cover- Insurance age. It is recommended that the coverage be changed from $50,000 to $1 million, which represents an increase from $2,681 to $2,981. There are enough funds in the budget to take care of this in- crease. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to increase the Library insurance coverage to $1 million, representing a cost of $2,981. Mr. Frank Samuels met with the Board to discuss a Boy Scout Boy Scouts project Willards Mr. Samuels: I have two boy scouts with me tonight and would Woods request approval of a proposal to have Boy Scout Troop 159 en- deavor to police Willards Woods for trash and debris. Scouting has the responsibility in any community and we want to accept this responsibility. There are things we have done for the Town 111 b y� R3R_9 Selectmen's Meeting June 30, 1975 through the years and it becomes obvious when you go through Conservation land that people don't necessarily protect it. Willards Woods, being in our area, has the troops and we could to it beut we need some help from the Town as we have a limited resource budget Charlies Soparka is here tonight and he iw working on his Eagel scout badge. He is eager and willing to help. We feel that our troop is the best in Town and we will set the example for other youth groups and those not in a youth group. Chairman Kenney: We congratulate you and the Boy Scout Troup and you can be sure we will cooperate as greatly as possible. We want to encourage this action and feel it is. a good, educational experience for all concerned. Vandalism is growing in the Town and Dr. Kessler is going to solicit help from other interested groups Also, the Conservation Commission has tightened up on their rules and regulations on conservarion land. Mr Samuels We will accept any and all assistance. We make this as a gesture to hope that other people will see the light. Mr. Samuels and the two Boy Scouts retired from the meeting with the understanding of complete cooperation from the Town. Mr. Cohen requested the..-Board to sign the order of taking of Sewer a sewer easement on Springdale Road. Easement Upon motion duly made and seconded, it was voted to sign the Springdale order of taking of a sewer easement on Springdale Road. Road Mr. Cohen requested the Board to sign the order of taking of Graziano the land owned by the Grazianos at the Arlington-Winchester-Lex- Order of ington border, which had been requested by the Conservation Com- Taking mission. Upon motion duly made and seconded, it was voted to sign the order of taking of land owned by the Graziano family. Dr. Kessler left the meeting at 7:55 p.m. to represent the Selectmen at the Planning Board meeting. Upon motion duly made and seconded, it was voted to grant per- Permit mission to Five Fields, Inc. to conduct the annual Independence Day Square Dance on Saturday, July 5, 1975. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incorporation Carl J. Toga, DMD "Mass. Academy of General Dentistry, Inc William G. Crane "City Life: Boston, Inc 1)'J Selectmen's Meeting June 30, 1975 NET&T. Co. Hearings were conducted on petitions from the .New England Bos. Eden Telephone Company and the Boston Edison Company and the Board Pole - voted to approve the following Bedford St. Hartwell Ave. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following locations: Bedford Street, southwesterly side, approximately 72 feet southeast of Hartwell Avenue - one pole Upon motion duly made and seconded, it was voted to grant Bos. Edsn permission to the Boston Edison Company for the following loca- 1 Conduit tions: Bedford St. Hartwell Avenue, at and westerly from Bedford Street, a dist- Hartwell Ave. ante of about 40 feet - manhole and conduit. Maguire Rd. Bedford Street, at and southeasterly from Hartwell Avenue, a distance of about 145 feet - conduit. Bedford Street, at and northwesterly from Hartwell Avenue, a distance of about 270 feet - manhole and conduit. Bedford Street, at northerly from Hartwell Avenue, a distance of about 25 feet - conduit Hartwell Avenue, at and southerly from Bedford Street, a distance of about 240 feet - conduit. Hartwell Avenue, at and southwesterly from Bedford Street, a distance of about 2,474 feet - manholes and conduit. Hartwell Avenue, opposite Maguire Road, a distance of about 75 feet - manhole and conduit. Hartwell Avenue, at and southwesterly from Maguire Road, a distance of about 885 feet - manholes and conduit. Hartwell Avenue, southeasterly, approximately 691 feet south- west of Maguire Road, a distance of about 55 feet - conduit Hartwell Avenue, southeasterly, approximately 759 feet south- west of Maguire Road, a distance of about 60 feet - conduit. NET & T Co. Upon motion duly made and seconded, it was voted to grant per- Bost. Edsn. mission to the New England Telephone Company and the Boston Edison' Meriam St. Company for the following location Guy wire & Meriam Street, Approximately 276 feet northeasterly from Mass- Anchor achusetts Avenue - one guy wire .and anchor off Pole 65/3. I 361 Selectmen's: Meeting June 30, 1975 , Ill Upon motion duly made and seconded, it was voted to grant per- N.E T. & T. mission to the New England Telephone Company and the Boston Edison Pos. Eden. Company for the following location Piper Rd. Pole Piper Road: Approximately 416 feet easterly from Waltham Street, 1 one pole; also remove one pole. Upon motion duly made and seconded, it was voted to grant per- N.E.T. & T. mission to the New England Telephone Company and the Boston Edison Bos. Edsn. Company for the following location: Westview St. Hartwell Ave Westview Street Approximately 64 feet Southwesterly, from Guy Wire Hartwell Avenue, one guy wire and anchor off Anchor Pole 92/1, southeasterly side Westview Street. Approximately 172 feet southwesterly, from Hartwell Avenue, one guy wire and anchor off Pole 92/2, southeasterly side. Upon motion duly made and seconded, it was voted to grant per- N.E.T. & T. mission to the New England Telephone Company for the following Boa. Eden. location Bedford St. Tewksbury St IIIBedford Street From existing NH 54/101, located in the side- to Lois Lane walk area on the north side of Bedford Street, 13 feet east of Tewksbury Street, approximately 160 feet of conduit easterly to Lois Lane. Upon motion duly made and seconded, it was voted to grant per- N.E.T. & T. mission to the New England Telephone Company for the following Bedford St. location: Winter St Oonduit and Bedford Street/ From existing manhole 54/115, located on the Manhole Winter Street- northerly side of Bedford Street approximately 100 feet more or less west of Winter Street, easterly to said Winter Street, thence north- erly 470 feet more or less to new manhole 54/514, thence easterly 35 feet more or less to the proposed roadway to Drummer Boy Green, a total Of 605 feet more or less. Winter Street: One manhole 54/514, located on the westerly side approximately 470 feet more or less north of Bedford Street. Upon motion duly made and seconded, it was voted to grant per- J/O Poles mission to transfer the joint ownership of poles 114/4 and 114/6 Woburn St. on Woburn Street to the Boston Edison Company only to Hos. Edsn. 362 Selectmen's Meeting June 30, 1975 The Board discussed a land management proposal for Whipple Hill Conservation g Whipple Hill submitted by the Conservation Commission Land 1. Presently underway: (a) Acquisition of Graziano and Onedia land to round out the area. (b) Cleanup, barricading the sign installation at Winchester Drive access. (c) Lexington effort to have Winchester and Arlington author- ities aid in enforcing park regulations on their citizenry. 2. Planned for Immediate Future: (a) Install barriers along eastern boundary with Winchester and Arlington to limit access of motor vehicles. (b) Institute a comprehensive sign program throughout the area. (c) Cleanup campaigan by citizens and public service groups annually (d) Establish police patrol for periods when highest vandalism occurs Enlist aid of Winchester and Arlington police. 3 Second Phase Planning (a) Eliminate intrusion on Town lands on Summer Street. (b) Provide brochure for Lexington residents describing area and outlining uses (c) Invistigate the possibility of a fire/service access land with possibility of access from Winchester side of land. (d) Investigate control burning of woodlands by Lexington Fire Department to reduce potential for large brush fires. Conservation After discussion, the Board agreed to write to the Conservation Land Commission requesting that the Conservation Administrator schedule Management a meeting with representatives of the Police and Public Works Dep- Program artment to discuss implementation of a land management program for the Town of Lexington. Mr. Zenner met with the Board to request approval of postponement .. Treasurer - of the scheduled July19 sale of bonds until July 21 in order to allow Sale of a representative of Moody's Rating to meet with Town officials during Bonds the week before the sale. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to postpone the sale of bonds until July 21, 1975. Upon motion duly made and seconded, it was voted to appoint Mr. Louis Zenner as the representative of the Town to submit photographs to the Massachusetts Selectmen's Association Photography Contest. Willards The Board discussed a memo from Mr. O'Connell, Town Manager, re- Woods garding the use of Willards Woods, stating that he had been along on many cruiser calls to the parking area. He feels that the situation 111is becoming more serious and dangerous because of youths assembling early in the afternoon until late in the evening. "The drinking 363 Selectmen's Meeting June 30, 1975 starts earlier and continues longer, consequently the situation is getting more disorderly earlier." Also, the group using motor- cycles is growing in size. After discussion, the Board agreed to discuss the matter further after the submission of information from Mr. McSweeney on the follow- ing questions Willards Woods: Opening and closing the entrance at 8:00 or 9:00 a.m. , seven days a week; how Would it be closed off? Implementation timetable; opening for emergency access by Police and Fire Depart- ment. Chairman Kenney requested the Board to sign Guide licenses, as Guide recommended by the Director of Guides Licenses Upon motion duly made and seconded, it was voted to sign Guide licenses for the following: Paul Keller 79 East Street Evanthia Speliotis 22 Ingleside Road read a requestContract Chairman Kenney from Mr. McSweeney for approval 75-7-E of an Extra Work Order under Contract 75-7-E to service Morris Extra Work Street with a sewer of 260 feet from Winter Street, at a cost of Order #1 $9,000 Also, to service Rangeway with an 880 foot extension Morris St. from Volunteer way, at a cost of $29,000. This would complete and the sanitary sewerage program in this area, with the exception of Rangeway James Street. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering for Extra Work No. 1 under Contract 75-7-E in the amount of $38,000. The contract Was awarded to P. Gioioso & Sons, Inc. under the appropriation for Article 20 of the 1974 Annual Town Meeting. Dr. Kessler returned to the meeting at 8:42 p.m. Chairman Kenney read a request from Mr. McSweeney for approval Contract of an Extra Work Order under Contract 75-11-E for an extension of 75-11-E sewer to service two house lots on the undeveloped part of Rolfe Extra Work Road, which has recently been approved by the Planning Board under Order #1 Plan A. In the 1971, the Town had a contract with J.M. Lucente Rolfe Rd. to construct sewers in Rolfe Road under the Betterment Act. Dur- Extension ing construction, a field change resulted in the sewer stopping just short of the unimproved portion of the subdivision because of the quantities of fill required to bring the road to its pro- posed grades and the obvious lack of need at that time. The betterment schedule was not adjusted and sewer betterment assess- ments were paid by the previous owner. The contractor is now 364 Selectmen's Meeting June 30, 1975 working in the area and it is recommended that an Extra Work Order be approved for the extension of sewer. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering for Extra Work Order No. 1 under Contract 75-11-E awarded to Po-Mar Contracting Inc. for 150 feet of sewer at a cost of $3,200, under the appropriation for Article 20 of the 1971 Annual Town Meeting. Unlicensed Chairman Kenney informed the Board that the Town Clerk has sub- Dogs mitted a list of owners of 973 unlicensed doge in the Town. Upon motion duly made and seconded, it was voted to sign the Warrant to the Animal Control Officer to investigate the list of 973 unlicensed dogs in the Town of Lexington Highway - The Board discussed and agreed not to take a position on the bill State DPW/ to transfer to the State Department of Public Works all powers and Counties duties of the counties relating to highways. County Chairman Kenney read a letter from Mr. Philip Lynch, County Bounds Engineer, stating that with the establishment of a County Bounds Program Program, any interested town may make application and all eng- ineering work and supervision would be performed by the County Engineering Department. The town would be required to provide the granite bounds and the labor to set them. A report from Mr. McSweeney states, "..Members of the Town Engineering Department met with Mr. Lynch, who informed them that the County has recently completed the reestablishment of Mass- achusetts Avenue on plan and can begin the physical layout of that street if the Town so wishes. When Mr. Lynch was informed that the Town would undoubtedly like to see Massachusetts Avenue laid out but funds could not possibly become available for the purchase of stone bounds until next year, he replied that the lack of funds at this time will pose no problem as the County En- gineers can lay out the bound points this summer, tie them down, and install the bounds at a date when funds are available Mass Ave. "Therefore, it is recommended that the Board of Selectmen re- No. Hancock quest the County Engineer to re-establish the layout of Mass- Lincoln Ste. achusetts Avenue, No. Hancock Street and Lincoln Streets. Funds Hancock St. for the stone bounds will be included as part of the FY 77 High- way Maintenance budget. "In the course of the discussion, Hancock Street and its im- pending Chapter 90 constrUnti$d- came up. It appears that Hancock Street is not a county layout. The Town had petitioned the County in 1892 to lay out the street and, after it was done, for some un- known reason the Board of Selectmen rejected the layout, went to court, and the court voided the layout. Then in 1894, a new plan 365 Selectmen's Meeting June 30, 1975 was prepared by the Town and Hancock Street became a Town layout. "At present, the County is preparing existing layout plans for submission to the District #4 Office of the Massachusetts DPW; these plans will be used for the Chapter 90 design of Han- cock Street. The DPW will, no doubt, insist as a matter of policy that the Chapter 90 design for Hancock Street be widened to a straight forward 50-feet wide layout from its presently meander- ing, helter-skelter 40-foot width. Mr. Lynch is aware that the Town has absolutely no wish to change the existing layout how- ever, substandard it may be and, for that reason, once the plans of the existing layout are prepared, he will submit them to the Town. Then the Town can meet with the District #4 office and, if Massachusetts DPW agrees with our desire to maintain the ex- isting layout, the Town can petition the County Commissioners to lay out Hancock Street as a county road and the funds available can then be used for the reconstruction of Hancock Street. If the State will not agree, the Town will be required to bear the full cost of reconstruction. Nonetheless, the funds will be available for use elsewhere in the Town." Mr. McSweeney Hancock Street can't be laid-out without the Board's vote for permission to do so Chairman Kenney: We are categorically committed to Town Meet- ing that we cannot change the layout The Board agreed to write to Mr. Lynch and inform him that funds are not available at this time but will be included in the FY 1977 Highway Maintenance budget for the stone lnunds. In the meantime, the County Engineering Department could lay out the bound points this summer, tie them down, and the bounds would be installed when funds are available. Upon motion duly made and seconded, it was voted to request the County Middlesex County Engineer to re-establish the layout lines of Mass- Bounds achusetts Avenue, Hancock Street, North Hancock Street, and Lincoln Program Street under the county Bounds Program. Chairman Kenney informed the Board that nominees have been re- Youth ceived for appointments to the Youth Advisory Committee. Advisory Mr. Buse explained that a nominee has not been received from Committee the School Committee but Chairman Swanson requests that she be notified of a scheduled meeting and she will make arrangements for a representative to be present. Upon motion duly made and seconded, it was voted to appoint the following members of the Youth Advisory Committee for a term expiring June 30, 1976: 366 Selectmen's Meeting June 30, 1975 Board of Selectmen: Alfred S. Buse Recreation Committee Richard Wertheim Police Department: Paul E. Furdon T.M.M.A. Stephen Politi Lexington Education Associatioi:Myron Miller High School Students: Seniors Suzanne Abkowitz Mary Rockwood Paul Ferguson (alt.) Juniors Nancy Abelman Matthew Powers Ellen Boyle (alt.) Sophmores Jeanne Hathaway Junior High Students Clarke Jr. High Joseph Barringer Diamond Jr. High Tracy Dickerman Muzzey Jr High Jeffrey Spencer Re-Place Ruth Ann Beckett Mystic Valley Mental Health Center Robert Bayliss School Committee Representative to attend meetings Chairman Kenney informed the Board that nominees have been re- L.C.S.R. ceived for appointments to the Lexington Commission on Suburban Appts. Responsibility. Upon motion duly made and seconded, it was voted to appoint the following members of the Lexington Commission on Suburban Respon- sibility for a term expiring June 30, 1976: Board of Selectmen Margery M. Battin Planning Board Stanley A. Brown M.A.P.C. Lois W. Brown School Committee Robert Rotberg L.W.V. Bernice Weiss Lexington Teachers Janet Kessler T.M.M.A. Executive Committee Mary Miley T.M.M.A. Gen. Membership John Campbell Housing Authority William S. Sullivan G. Richard Benton (alt.) High School Dawn Pars James Mead Lexington Interfaith William T. Spencer Chamber of Commerce Cornelius Cronin Town Employee Edward A. Silva Member-at-Large Leona Martin Spencer Lavin C)(717 Selectmen's Meeting June 30, 1975 Dr Kassler informed the Board that the first meeting of the Community Community Relations Committee will be held in Estabrook Hall on Relations July 9 and all interested citizens are invited to attend and Meeting participate in discussions Upon motion duly made and seconded, it was voted to approve Contract the recommendation of the Director of Public Works/Engineering 76-1-E to sign the Contract 76-1-E awarded May 19, 1975, to D.L. Jones Test Subsurface Investigations, Inc. for test borings in connection Botini3s with construction projects, in the amount of $8,210.00 Chairman Kenney read a letter from the Lions Club stating that Lions Club all the conditions applicable to the Lions Club permit for the 4th of July 4th of July carnival have been complied with and, therefore, ap- Carnival proval is requested for the carnival to open on July 2, 1975. Permit Chairman Kenney to Mr. O'Connell: Is everything in order? Mr. O'Connell: Yes Upon motion duly made and seconded, it was voted that, all previous stipulat4ons having been fulfilled, permission is grant- ed to theLions Club to conduct the carnival from July 2 through July 5, 1975 Mrs. Battin informed the Board that she had discussed with Towing Town Counsel the policy on towing vehicles and, in his opinion, Policy the matter should be discussed in Executive Session as a person's business is involved. The Board agreed to discuss the policy on towing in Executive Session. Upon motion duly made and seconded, it was voted to go in Ex- ecutive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect session the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning the reputation of persons, possible litigation, and the personal services budget, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. A true record, Attest `) Executive Clerk, Selectmen v II