HomeMy WebLinkAbout1975-06-02-BOS-min 330
SELECTMEN'S MEETING
June 2, 1975
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday, June
2, 1975, at 7:30 p.m. Chairman Kenney, Messrs Bailey, Busa,
Kessler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen,
Town Counsel; Mr. McSweeney,Director of Public Works/Engineering;
Mrs. McCurdy, Executive Clerk, were present.
Historical Mr. O'Connell requested approval of nominees for appointment
Commission as members of the new Lexington Historical Commission.
Upon motion duly made and seconded, it was voted to approve
the recommendation.of the appointment by the Town Manager of the
following members of the Lexington Historical Commission
Richard Morehouse 37 Moon Hill Road
Ann Grady 10 Trotting Horse Drive
Elizabeth Rheinhardt 10 Eliot Road
Donna Brown 3 Bond Road
Thomas Taylor 64 Marrett Road
Council Mr. O'Connell submitted nominees for appointment as members
on Aging of the new Council on Aging.
Upon motion duly made and seconded, it was voted to approve
the recommendation of the appointment by the Town Manager of the
following members of the Lexington Council on Aging
Rev. Shirley B. Goodwin 4 Westwood Road
Ann Paranya 782 Mass. Avenue
Merian Ritter 13 Pine Knoll Road
Jane Stumpp 29 Charles Street
Helen Sullivan 21 Liberty Avenue
Joseph O. Rooney 222 Waltham Street
Anna G. Jackson 62 Bow Street
C.E.T.A. Mr. O'Connell advised the Board that official notification was
received today of additional funding being granted to the Newton
C.E.T.A. consortium„making it possible to extend the six C.E.T.A.
positions in the Town to December 31, 1975.
Chairman Kenney: Are_there any funds available this year for
employment of youths in the lower income bracket?
Mr. O'Connell: To date, we haven't learned of any.
111
331
Selectmen's Meeting June 2. 1975
Mr. O'Donnell discussed the problem of tour bus parking, and Parking
it was agreed that guideline: should be drawn up and signs be Tour Buses
posted on Tour Bus Loading and Unloading.
Mr. Robert J. Harris, 109 Burlington Street, met with the Sidewalk
Board to discuss the installation of sidewalk ramps thrOUghoutRamps
the Town.
Chairman Kenney: We have plans to construct ramps around the
Green and at Buckman Tavern. we will conduct a study on the die-
sign and perhaps go for more money.
Mr. Harris: I think we could work out a good design. when
I talked with the Lions Club, they were willing to use $2,000
for ramps if we could set up some sort of a program. I would
be glad to be of any assistance in working on the design.
Chairman Kenney: Will you specifically approach the Lions
Club?
Mr. Harris: Yes.
Mr. Harris retired from the meeting.
Mr. Michael Colangelo, Attorney Fred Conroy, and Mr. John I HincheyRoad
Colangelo
Brucchi of Hinchey Road met with the Board.
Mr. Brucchi: We want to make sure that no deeds are signed
tonight until we have settled up with Mr Colangelo.
Chairman Kenney We have received an agreement signed by
Mr. McSweeney and Mr Colangelo, stating that a meeting was held
on May 29, 1975, between representatives of the 115 Kendall Corp-
oration and the Department of Public works/Engineering relative
to the final disposition of the Towns's interest in Hinchey Road.
The following points were agreed upon by both parties.
1. That all earth material contained with the 6,600 sq. ft. town-
owned parcel, commonly called the Turnaround would be hauled
to the sanitary landfill at no cost to the Town. Limits of
execavation would be determined by field survey and field '
inspection at the site by the Town. Depth of excavation is
established as the average elevation of a point at the center
of the parcel on a plan between the elevation of HartwellI
Avenue and the final proposed grade to the rear of the Turn-
around. This quantity is estimated at approximately 5,000
cubic yards bank measure and may, after actual field measure-
ment, be more or less.
2. That the Hinchey Road watermain will be cut and plugged by the
Town of Lexington on August 4, 1975, at some point within the
Hartwell Avenue layout. The Town will retain salvage rights
to all water pipe and appurtenances to be discontinued within
the layout of Hinchey Road.
11 332
Selectmen's Meeting June 2, 1975
3. That no poles, or wires attached thereto, belonging to the
New England Telephone Company will be discontinued or re-
moved prior to August 1, 1975, or until all dwellings served
by same are vacant.
We now believe that these conditions satisfy the engineering con-
siderations relative to this matter and therefore recommend that
the Board proceed with the sale of this parcel if this meets with
your approval.
(Signed) John J. McSweeney
Michael L. Colangelo for
May 29, 1975 115 Kendall Corp.
Chairman Kenney: Additionally, there is an amount of $6,000
to be paid by 115 Kendall Corporation to the Town of Lexington,
in accordance with Article 32 of the 1974 Annual Town Meeting.
We could vote to sign the transfer of property subject to final
approval of Town Counsel
Mr. Cohen: The Board could vete to sign with instructions
to Town Counsel not to deliver it until all conditions are
compiled with.
Upon motion duly made and seconded, it was voted to sign the
following conveyance, subject to the condition that Town Counsel
is not to deliver it until all conditions are complied with:
"The Town of Lexington, a municipal corporation duly organised
and situated in Middlesex County and the Commonwealth of Mass-
achusetts, acting by its Board of Selectmen, under and by virtue
of the power conferred upon it by vote of the Town Meeting held
April 4, 1974, and every other power, for consideration of Six
Thousand Dollars ($6,000.00) paid grants to Michael L. Colangelo
and Josephine Colangelo, husband and wife as tenants in common,
of 115 Kendall Road, Lexington, Middlesex County, Commonwealth
of Massachusetts, a certain parcel of land situated on Hinchey
Road in Lexington, and containing 6600 sq. ft. of land. Said
parcel is more particularly described in a taking by the Common-
wealth of Massachusetts Department of Public Works recorded with
Middlesex South District Registry of Deeds in Book 9334, Page 33
to Page 38, as follows:
.... by a line beginning at a point on the southeasterly
location line of the 1930 Town layout on Hinchey Road
bearing south 26° 23' 41" west and 100.00 feet distant
from a point on said Town location line bearing south
60° 25' 52" east and 109.41 feet distant from Station
76 + 13.77 of the main base line hereinbefore described,
and extending thence, leaving said Town location line,
�J
Selectmen's Meeting June 2, 1975
south 63° 35' 19" east 55 00 feet; thence south 26° 23' 41"
west 120.00 feet; thence north 63° 36' 19" west 55.00 feet
to a point again on said Town location line; thence follow-
ing said Town location line north 26° 23' 41" east 120.00
feet to the point of beginning.
The above described parcel is hereby conveyed subject to,
easements, restrictions and covenants and agreements running with
the land, if any of record, so far as now in force and applicable.
The above described parcel is also conveyed subject to the
conditions that (i) the grantee will not lower or alter in any
manner Hinchey Road unless written agreements are first received
from the owners of the property that contains domestic dwellin4s
and abuts Hinchey Road and (ii) the grantor shall have the right
to remove all gravel from the parcel as specified in a separate
agreement between the grantor and grantee.
In witness thereof, the said Town of Lexington has caused
its seal to be hereto affixed and these presents to be signed,
ackwowledged and delivered in its name and behalf by a majority
of its Board of Selectmen hereto duly authorize this 2nd day of
June 1975.
(Signed) Allan F Kenney
Fred C. Bailey
Alfred S. Buss
Margery M. Battin
Howard M. Kessler
Mr. Zehner came into the meeting and recommended that the Treasurer
date of the sale of bonds be set for July 9. 1975. He said that,
by that time, the situation in New YOrk City should be solved,
and July 9 would be a good date for 5-year bonding.
Upon motion duly made and seconded, it was voted to accept
the recommendation of the Town Treasurer to go for the fundings
of 5-year bonding in the amount of $885.000 on July 9, 1975.
Mr. Zehner requested approval of a $150,000 bond anticipation Treasurer
loan from the lowest bidder, the Harvard Trust Company, at 2.09
percent, to be dated June 6, 1975, and maturing on August 15, 1975.
He explained that he would borrow enough money to pay $50,000
for D.P.W. on Friday, and the remaining $100,000 for bills pay-
able the second week in July,
Selectmen's Meeting June 2, 1975
Upon motion duly made and seconded, it was voted to approve
the recommendation of the Town Treasurer for a bond anticipation
loan from the Harvard Trust Company in the amount of $150,000 at
2.09 percent, notes to be dated June 6, 1975, and maturing on
August 15, 1975.
The Board discussed a dentist bill submitted for Patrolman
D'Auria and Mr. O'Connell agreed to come back to _the Board
with a breakdown of the dental work performed.
Mr. O'Connell discussed handbills being placed under wind-
Handbills shields by a local establishment and agreed to contact the owner
and, also, to request the assistance of the Chamber of Commerce
to prevent future occurrences.
Tewksbury Mr. Cohen recommended that the Board sign two easements, one
Street for a storm sewer easement and one for temporary construction
Easements easement; both on Tewksbury Street. The storm sewer easement is on
the property of the Lexington Housing Authority.
Upon motion duly made and seconded, it was voted to sign the
taking of a storm sewer easement on Tewksbury Street, and the taking
of temporary construction easements on Tewksbury Street.
The Board discussed a letter from the Board of Appeals concern-
Board ing an amendment to the Rules and Regulations of the Board of
of Appeals and, also, a proposal concerning the charge to petitioners
Appeals ragatding hearing costs.
It was agreed to inform the Board of Appeals that the Selectmen
have no objection to the addition to Section B la. of the Addendum
of the Rules and Regulations of the Board of Appeals concerning
filing fees and permits as follows
"The filing fee required hereunder is not in lieu of any other
fee required by law. If a permit is granted hereunder, the
applicant shall pay the fee required for a building or other
permit at the time of submission of detailed plans and specif-
isatiOn to the Building Commissioner."
Also, the Selectmen have no objection to the proposal that the
Board of Appeals would determine the charge to petitioners when
large numbers of abutters must be notified. However, Town Counsel
is instructed to work with the Board of Appeals on the details.
O6 )
C 5
Selectmen's Meeting June 2, 1975
The Board discussed a report from the Traffic Safety Committee Meriam &
in response to the requests received from the Merriam Hill Association Hancock
concerning traffic and safety conditions on Meriam and Hancock Streets. Streets
It was agreed to write to the Association and inform the members
of the following action by the Board:
A. To approve the recommendation of the Traffic Safety Committee
that the Public works Department be instructed to check for
any missing speed limit signs on Hancock Street, and to re-
place any that are missing.
B. To take under advisement the request to move the "heavy truck-
ing excluded" sign 40' south of its present position on Hancock
Street. The Traffic Safety Committee report points out that
this sign cannot be legally enforced because an alternate route
for trucks cannot be provided and, therefore* recommends that
this, and other similar signs, be removed.
C. To approve the recommendation of the Traffic Safety Committee
that a solid yellow center line be painted on Hancock Street,
between Hayes Avenue and Adams Street to prevent passing. "No
Passing" signs cannot be- installed if the passing sight dis-,
tance is 400 feet between Bedford Street and Hayes Avenue.
D. To request the Police Department to continue with the policy of
strict enforcement on Hancock Street regarding the speed limit
and no passing.
E. To approve the recommendation of the Traffic Safety Committee
to deny your request to remove a parking meter from the corner
of Massachusetts Avenue and Mariam Street.
F. To accept the recommendation of the Traffic Safety Committee)
that parking not be restricted to one side only on Mariam St eet
between the B & M Railroad and Patriots Drive, as the benefits
gained could not be equated with the loss of valuable parking
spaces; to do so, it is felt that cars would then park farth)sr
up Mariam Street
Chairman Kenney read a report from the Traffic Safety Committee parking
concerning a request from the Historical Society that parking be Hancock
limited to one side of Hancock Street, especially during the tourist Street
season.
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Traffic Safety Committee to deny the request
of the Historical Society for parking on one side only on Hancodk
III Street.
336
Selectmen's Meeting June 2, 1975
It was agreed to write to the Historical Societythat it is
g
the feeling of the Board and the Traffic Safety Committee that
there is no particular problem at this time but, if conditions
warrant it, the Police Department has the power to institute
immediate parking regulations anywhere in the Town.
The Board discussed a report from the Traffic Safety Com-
, Traffic mittee concerning a letter from Mr Gordon Baty, 11 Castle
Castle Road Road, regarding traffic conditions on Castle Road.
Upon motion duly made and seconded, it was voted to approve
the recommendation of the Traffic Safety Committee for the in-
stallation of two "Go Slow Children" signs, one at Franklin
Road and one at Hayes Avenue. Mr. McSweeney was instructed to
make arrangements for the installation of these two signs
Traffic A report from the Traffic Safety Committee was read, stat-
' Kimball Road ing that it is not possible to approve Mrs. DeSimone's request
Signs for warning signs on Kimball Road as it is an unaccepted street
and, therefore, there is no authority for the erection of signs.
It was agreed to so inform Mrs. Michael L. DeSimone of
8 Kimball Road.
Parking The Board discussed a report from the Traffic Safety Com-
Waltham St. mittee in response to a request from Mr. Louis H. Spencer, 52
Waltham Street, to limit parking on Waltham Street for one hour
between 9 00 a m. and 9 00 p.m.
Upon motion duly made and seconded, it was voted to accept
the recommendation of the Traffic Safety Committee that no action
be taken on Mr. Spencer's request for the following reasons:
1 The Committee feels that ample restrictions exist in
this area and that the parking system works efficiently,
as none of the other businesses on Waltham Street have
contacted the Town expressing displeasure
2. The Police Department has provided the Spencer Funeral
Home with special signs to reserve certain spaces for
funerals and visiting hours. This was done as a
courtesy and is not mandated by law.
Chairman Kenney read a recommendation from the Traffic Safety
Bus Stop - Committee to delete the bus stop at Worthen and Baskin Roads.
Worthen & Upon motion duly made and seconded, it was voted that the
Baskin Rds Traffic Rules and Orders of Lexington, adopted by the Board of
Selectmen on November 13, 1967, are hereby amended as follows:
1
337
Selectmen's Meeting June 2, 1975
By deleting from Article V, Section 3, Sechdule 2, the
following bus stop:
Location Side From To
Worthen Road West 75 Feet South of Baskin Road 135 Feet South of
Baskin Road
Upon motion duly made and seconded, it was voted to table the CATV
recommendations of Mr. William Page for appointments to the Cable Appointments
Television Advisory Committee pending a meeting with Mr. Page oh
next Monday. 1
Upon motion duly made and seconded, it was voted to grant peri' Permit
mission to Mr. Irving Lippert, 38 Robbins Road, to close off a
portion of Watson Road for a block party on June 21 (rain dated
June 22) from 5 to 7 p.m.
The Board discussed a request from the Church of Christ fdr Battle
the use of the Battle Green during June and July Green
Upon motion duly made and seconded, it was voted to grant 'er- Permit
mission to the Church of Christ for the Christain Chorus to sing
on the Battle Green on the following Saturday afternoon:
Ill June 14 - 21 - 28
July 5 - 12, 1975
Upon motion duly made and seconded, it was voted to approve the Contracts
request of the Director of Public Works/Engineering to sign the 76-15-E
following contracts 76-18-E
75-11-E
Contract 76-15-E Construction of Recreation Service Building
$27,900
Contract 76-18-E Construction of Animal Shelter - $17,52bj
Both contracts were awarded to Valid Restoration Corp. , ford
Contract 75-11-E Construction of Sewers - $184,843
Awarded to Po-Mar Contracting, Inc. , Cambridge
Chairman Kenney read a letter from Mr. & Mrs. Robert Bacofl, 102 Kealey -
Meriam Street, requesting the assistance of the Board concerning two Bacon
Shepherd dogs owned by Mr. & Mrs. William Kealey of 100 Meriam Dog
Street. The letter claims that the dogs are kept in a kennel-type Complaint
pen adjacent to the Bacon property line, are constantly barking and
straining at the sides of the pen.
310
Selectmen's Meeting June 2, 1975
Mr. and Mrs. Bacon and Mr. and Mrs. Kealey were present at the
meeting
1 Chairman Kenney: Perhaps the Kealeys could move the pen to the
other side of their property.
Mrs. Kealey The pen in only a temporary pen and a permanent one
could be ready by the fall, plus a stockade fence.
Mrs. Bacon: We wouldn't have brought this up before the Board
if Mr. Kealey hadn't said the pen was there for spite. We do have
a three year old child; however, we do not want a fence put up to
eliminate the dogs coming over as we have a patio with flowers and
shrubs and it would be ruined.
Chairman Kenney: There is a problem and, hopefully, you can
work it out. We can't make a canclusion tonight
Mr. Bailey We don't have a legal basis to this time. The only
way is if the request a legal dog hearing
Chairman Kenney: Do you intend to file for a dog hearing?
Mr. & Mrs. Bacon We certainly do.
The Kealeys and Bacons retired from the meeting.
Sinek Chairman Kenney read a report from Mr. McSweeney, Director of
Water Lien Public Works/Engineering, stating that the records have been re-
viewed concerning the water lien of $46 29 against the property
at 46 Lowell Street, owned by Mr. and Mrs. Joachim Sinek of 8
Robbins Road has been properly assessed and processed according
to the department's procedures.
Mr. Cohen This property was purchased in 1974 from Mrs. Seitz
and, before passing papers, Attorney Dean Nicholson requested and
received from the Tax Collector a Tax Lien Certificate but it did
not show the water lien. We did issue the certificate in error,
and it is true we did make the error but, in my opinion, this lien
is properly assessed and should be paid.
Chairman Kenney The prior owner, Mrs. Seitz, should pay it.
Dr. Kessler moved that the lien be waived.
Mr. Cohen: I would point out that when these things are com-
mitted, there are various places the Tax Collector has to look. It
is a risk involved in many conveyances.
The Board agreed to write to Mr. Sinek informing him that we
regret an error was made concerning the accuracy of the lien cer-
tificate issued by the Tax Collector's office. However, we feel
that the bill is properly assessed against the property at 46
Lowell Street and it should be paid. In fairness, we also feel
that it should be paid by the former owner and recommend that
Mrs. Seitz be again contacted in the hopes that Mr. Sinek is able
to convince her of her obligation.
339 is
IIISelectmen's Meeting June 2, 1975
Upon motion duly made and seconded, it was voted to approvef Blood-
the recommendation of Mrs. Anne Scigliano to proclaim June 12, 13 mobile
and 14, 1975, as Bicentennial Bloodmoble Days in Lexington.
Chairman Kenney discussed a request from Major Donald Rhoads Hanscom
Coo
for the Selectmen to update the membership of the Hanscom Com- Community
munity Council so that arrangements may be made for a meeting of Council
Councils from the surrounding towns to discuss focus and di
xvdiOmmof mutual interest to all concerned.
Upon motion duly made and seconded, it was voted to appoint
Chairman Allan F Kenney a member of the Hanscom Community Council,
replacing Alan G. Adams.
The Board agreed to confirm the continued participation of the
following charter members of the Council, in accordance with the
vote of May 24, 1965; Lincoln p. Cole, Jr. , Otis S. Brown, Jr. ,
Arthur E. Burrell, and Raymond B. Barnes.
Chief Corr came into the meeting and agreed to designate a 1
member of his staff to represent the Board at the proposed meetr
ing.
A letter is to be written to Major Rhoads informing him of
the action of the Board.
The Board discussed a request from Dr. Eric Clarke, Chairman Planning
of the Planning Board, for the appointment of a representative Coals
of the Board of Selectmen on the Committee on the rjoals and Objectives
Objectives of Town Planning. This Article was approved by Town Committee
Meeting with an appropriation of $5,000.
Upon motion duly made and seconded, it was voted to appoint.
Dr. Howard M. Kessler as the representative of the Board on the
Committee on the Goals and Objectives of Town Planning.
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 adversely affect
the public security, the financial interests of the Town, or the
reputation of a person.
After discussion of matters concerning possible litigation,
it was voted to go out of Executive Session.
Upon motion duly made and seconded, it was voted to adjourn
at 11:20 p.m.
A true record, Attest:
1
Executive Clerk, Selectme