HomeMy WebLinkAbout1974-08-12-BOS-min 11)
SELECTMEN'S MEETING
August 12, 1974
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, August 12, 1974, at
7 30 p.m. Chairman Kenney, Mr. Bailey, Mr. Buse, Mrs. Battin; Mr.
O'Connell, Town Manager; Mr. McSweeney, Director of Public Works/Engineer-
ing; Mrs. McCurdy, Executive Clerk, were present.
Mr. Roland Greeley, President of the Lexington Historical Society,
and Mr. Otis S. Brown, Jr. , Chairman of the Hancock-Clarke House Resto- Hancock-
ration project, met with the Board to discuss moving the Hancock-Clarke Clarke
House across Hancock Street to its original site and to make restore- House
tions.
Mr. Greeley: Plans call for a completely new foundation and the
house will be totally fire resistant and climate controlled for arti-
facts. There will be a new wing, for which there is no room on the
present site, and a reception area for tourists. This will allow us
to display the furniture we acquired at the auction in June; furniture
which was originally in the house. Afterwards, we will landscape the
area No off-street parking is to be provided.
Mr. Otis Brown: In thinking of resurfacing and reconstruction of
Hancock Street, we request that you give consideration to not curbing
within 150 feet of the Hancock-Clarke House
The Board agreed to take the request under consideration
Chairman Kenney: The Historical Society has requested that the
Board endorse a resolution on the restoration project.
Upon motion duly made and seconded, it was voted to endorse the
following resolution:
RESOLUTION
"Whereas returning the Hancock-Clarke House to its original
site, and restoration of the kitchen wing are vital to the
proper display of this historic building during the
Bicentennial years; and
Whereas exhibiting the most outstanding mementos of the
Battle of Lexington in truly distinctive setting will
enhance their educational and inspirational value; and
Whereas provision of thoroughly safe, climate-controlled
space is essential for the storage and preservation of
those records, artifacts, and archives which the Lexington
Historical Society has acquired and maintained on behalf
of the Townspeople;
I
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Selectmen's Meeting August 12, 1974
111
Therefore, be it resolved by the Lexington Board of Selectmen
that the Hancock-Clarke Restoration Project be endorsed as a
major undertaking of the Lexington Bicentennial celebration,
and that the citizens be urged to support this worthy community
project
Allan F. Kenney
Fred C Bailey Board
Alfred S. Buss of
Margery M. Battin" Selectmen
August 12, 1974
Mr. Greeley We have a permit from the Board of Appeals and the
Historic Districts Commission has given approval of this
Mr. Edgar Bailey, Mr. George Graves, Cary Hall Trustees' Sub-
committee on a Cary Hall sign, and Mr Donald Shaw, Historic District
Cary Hall Commission, met with the Board.
Signs Chairman Kenney We have had requests from citizens for signs
identifying Cary Hall and we would like your reaction. If you approve,
we would come up with a definite suggestion and take it to the Historic
Districts Commission.
Mr. O'Connell The letters would be approximately 8 inches and
the valance board is approximately 12 inches. We estimate it would
cost no more than a few hundred dollars.
Mr. Shaw: Would you have raised wood lettering?
Mr. Graves I prefer raised metal letters. We want to be able to
read it from the street as it is up so high.
Chairman Kenney Raised letters would double the cost; gold leaf
becomes prohibitive in cost.
Mr. Edgar Bailey The thinking at the moment is to have raised
letters. There is a question as to whether it should have the dedica-
tion name, Isaac Harris Cary Memorial Hall.
It was agreed that the Subcommittee would discuss the sign with the
Cary Hall Trustees and come back to the Board.
Mr. Edgar Bailey, Mr Graves and Mr. Shaw retired from the meeting.
At the request of the Town Clerk, six jurors were drawn, as follows:
Jurors
Betty L Fogg 10 Hilltop Avenue
Gail Lee Hubred 41 Reed Street
Martin M. Rogers 33 Ewell Avenue
Edward A. Brown 8 Birch Hill Lane
Jean B. Sullivan 25 Wyman Street
Roger D. Gould 20 School Street
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Selectmen' Meeting August 12, 1974
Mr O'Connell discussed House Bill 6100 (revision in the allocation
formula) and the effect on the Cherry Sheet. This bill was passed by
the State-and, as a result, the allocation of funds on the Cherry Sheet H. 6100
was substantially reduced. We received a copy of the estimate that was
prepared by the State and, before it could be distributed to the Board,
we received a Cherry Sheet supplement. The figures don't agree The
major change is the revision of the apportionment of increased assess-
ments to Lexington, $253,773 to $277,676. There are major changes due to
the Bill; the other changes between money in the Bill and on the Cherry
Sheet are small. Two hundred and fifty cities and towns benefited;
ninety-four get a decrease, and we are one of those. Lexington would
lose between $1.00 and $1.50 on the tax rate due to County assessments;
a change in the formula determining the allocation of the County budget
among towns.
Chairman Kenney It is expected that the Assessors will set the tax
rate.
Mr. O'Connell: I believe it will be about the same as we forecast.
Mr. O'Connell discussed the Boston Transportation Control Plan re-
quirements relating to a reduction on employee parking spaces and the Transport-
development of a plan to prohibit on-street parking by employees when ation
the available parking spaces are reduced. I have asked for an extension Control
of the September deadline pending clarification from E.P.A. on how- to Plan -
deal with problems growing out of the reduction of our parking spaces. Town
As I interpret the regulations, we have to reduce by one-quarter. Office
Chairman Kenney: We would then have to push them out onto the Parking
street, and what is the Post Office going to do? Spaces
Mr. O'Connell I asked for their plan and learned that no federal
agency has filed.
The Board agreed that Chairman Kenney is to write to Congressman
Cronin asking for his assistance in having the matter referred to some
independent Board or authority for a complete review
Mr. Robert Bowyer, Mr. Daniel McCabe, Mrs. Angela Frick-Conserva-
tion Commission, and residents of the Valleyfield Street area met with Valley-
the Board to discuss the proposed footpath. field
Mr. Bowyer: The cost is obviously a consideration and what we are Footpath
proposing would be as minimal in cost as you could get away with for
improvement; no macadam. The Town already owns half of this; the parcel
on the left is presently a paper street and the ownership is not clear
In checking with the Assessors, no taxes are assessed and not paid on it,
so that parcel is not readily developable, and the question is why should
the Town acquire it - and I think you have to acquire it to insure right-
of-way access. Kids are using it now and are traveling over private
property.
Chairman Kenney These are the owners we can't find?
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Selectmen's Meeting August 12, 1974
Mr. Bowyer In all likelihood, it could be the two abutters. The
kids are using it now.
Chairman Kenney As I see it, you are asking the Town to build a non-
path; not to plow it or maintain it What is the legal implication if a
kid falls down?
Mr. Bowyer You can use the same logic when the sidewalks are not
plowed; there is no difference. The only thing we are saying is, we re-
quest that this one isn't plowed.
Mr McSweeney There is a big difference between a public footway
and what you are asking for. You might find there are people that might
not agree with you, and also they might want it paved after it was laid
out. You have to have a public hearing. The questions of whether it is
asphalt or whether it is maintained, those things come afterwards. Some-
one else might have another opinion of how they want their children to get
to school.
Mr. McCabe: We had a meeting and the general consensus was towards
this. The neighbors don't want macadam. I have no qualms about having a
hearing.
Mr. Bailey: Do we have any similar footpaths now? How do we handle
liability?
Chairman Kenney: We have bikeways now; we built them to our specifi-
cations.
Mr. Buse. If it becomes a footpath under Town jurisdiction, how
would the neighbors feel or the School Committee feel if we try to elimi-
nate the bus? Once the Town assumes the responsibility, the school will
be notified, and one bus taken off. Then, What?
Mr. McCabe: It is an interesting problem between the neighborhood
and the residents in the Bridge Street/Valleyfield Street area. Their
children are walking now; all the Junior High kids are walking and only
those in Woodhaven are bused. We have talked to Dr. Fobert and the
School Department and they say that if the path is not plowed, it will
not affect the buses. I think we are on fair ground with the School De-
partment, but have, a difference of opinion with other neighbors. We had
a compromise if the path could be built of an informal nature and still
have the bus. I would like to see a path that is not a mongrel and un-
safe, and would like one built comparable to bikeways. There are two
types at the Res, some paved and others that are gravelled. We are look-
ing for a path of reasonable standards, not brought up to standards of
paving.
Mr. Bailey It is a question of getting title to the whole right-
of-way from Waltham Street to Valleyfield Street, and to make a decision
of improving it or not. I think we should immediately establish that a
right-of-way can be ensured and we should ask the Town Counsel what the
possibilities are. I have no objection to putting it in for next year's
budget for the modest need at a modest cost. But we have to first make
sure we can do it legally.
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Selectmen's Meeting August 12, 1974
Chairman Kenney With Town Meeting authorization to take the land.
Mr. Buse: Mr. Sokow could comment on this.
Mr. McCabe Mr. Sokow is in the beginnings of building a house and
in the beginning he was concerned about it; but when he found out what we
proposed to do, he has no objections
Mr. Buse How about Mrs. Hooper?
Mr McCabe: They are Mappers) taking a toll of the kids.
Mrs. Perry: The original observation involving that was dropped,
and the only other question was the school bus and what they are pro-
posing now has our complete support.
Mr. McSweeney I am not for or against, but I don't want anybody
to think when we have requests to plow that we have to go in. The minute
that goes in, you are going to lose your bus. We see nothing wrong with
going in. As Mr. Bailey has said, you want an Article and you want to
make it safe. There is a possibility that people will be requesting that
it be plowed.
Mr. McCabe The consequences of the possibility of losing the bus
are what we are worried about. We would like the School Department to be
cooperative and not take the bus away
Chairman Kenney Mr. McSweeney is saying we don't know about the
future. You are setting in motion a series of events of losing the bus.
I am also worried.
Mrs. Frick I would encourage the Selectmen to encourage walking.
I think Mr. Sokow is still waiting for a final Order of Conditions because
he has to wait for Mr. McSweeney and the Selectmen to move a brook.
Mr. Buse: I agree that children should walk. You mean leave it as
it is and have them walk the entire route. It is better to walk through
a wooded area than to walk out and be hit by cars. We have the same
situation all over Lexington.
Mrs. Battin: I would support Mr Bailey We should go to Town
Counsel about titles and talk to the School Committee about the bus
Chairman Kenney: We will go along with all but the School Committee
Chairman Kenney to Mr. McSweeney Include in the budget, figures
similar to a bike path.
Mr. Bailey: We will ask Town Counsel to look at the title.
Mr. McSweeney We will confer with Town Counsel.
Chairman Kenney When we get the technical. specs.,. we will send them
to Mrs. Frick.
Mr. Bowyer: One .of the things that got us .into the problems last
March was the apparent requirement on one hand that such a pedestrian
pathway be called a footpath, and that implied certain standards of
liability on the part of the Town, such as, lighting, plowing, insurance
vs conservation walkway or path. I would like not to get caught in that
polarity - there ought to be something in between. We have some walkways
that are not laid out like a street. I don't know the answer but would
hope we could ask Town Counsel for middle ground; not in Conservation's
lap nor a formal pathway.
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Selectmen's Meeting August 12, 1974
Mr. McSweeney: You are looking for a walkway and the Board has the
authority to set any standards to make it safe, and not put lighting in
there unless a request is made by residents. Conservation footpaths and
several short cuts or easements that were put through subdivisions. Once
accepted by the Town, the School bus doesn't go in there.
Chairman Kenney It is our intent, obviously, to do a minimal job,
as requested, and to confer with Town Counsel on takings. It could be
made out of dirt until you get a group of people coming in that want to
change it.
Mr. McSweeney was instructed to submit cost estimates for a foot-
path in the FY 76 budget and, also, to confer with Town Counsel on
titles and land taking.
Mr. Bowyer, Mr. McCabe, Mrs. Frick, and Valleyfield area residents
retired from the meeting.
The Board discussed a request from the Buckman Tavern Reconstruc-
tion Committee that the Town maintenance forces continue with lawn mow-
Buckman ing; clean and examine gutters periodically; clean and examine downspouts
Tavern and drywells to ascertain that proper drainage is maintained away from
Maintenance the basement walls; trim bushes; maintain grades sloping away from the
Items foundation to prevent water from entering the basement through the stone
foundation; consider the feasibility of assisting in the installing and
removing of storm windows; consider adding to the other evening-hour
patrol activities of the Fire Department, the inspection of the Buckman
Tavern property from the exterior, and of the interior only when noti-
fied that the building will be vacant - for vandalism, fire protection
devices and any other unusual conditions observed, especially during
the Bicentennial period.
Chairman Kenney read a report from the Director of Public Works/En-
gineering stating, " .. .. I regret to say that, while this Department
will continue to cooperate as we have in the past with the outside ground
maintenance and any other minor problems, we could not undertake this
additional program without careful consideration of our needs for staff,
budget, and equipment "
After discussion, the Board agreed to inform the Buckman Tavern Re-
construction Committee that our arrangements with the Historical Society
to perform ordinary maintenance on Buckman Tavern would be continued,
such as lawn mowing, clipping of shrubs. The inspection of the exterior
by the Fire Department has been taken under advisement pending a recom-
mendation from the Town Managerr and the Fire Chief.
' Pole Chairman Kenney read a request from the New England Telephone cpm-
Bedford St./ pany and the Boston Edison Company for the relocation of a joint-owned
Hartwell Ave. pole at the Bedford Street/Hartwell Avenue intersection. No hearing is
required.
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Selectmen's Meeting August 12, 1974
11
Upon motion duly made and seconded, it was voted to grant permis-
sion to the New England Telephone Company and the Boston Edison Company
for the joint relocation of a pole at -
Bedford Street: One joint owned utility pole to be relocated
approximately six feet to a point forty feet
northwesterly of station #14 on Bedford Street
near the intersection of Hartwell Avenue.
Chairman Kenney read a report from the Director of Public Works/
Engineering regarding the request from W.R. Grace Company for the Town
to assume the cost, in the amount of $1,225, of underground electrical
service on Hayden Avenue by discontinuing the temporary service to the W.R. Grace
Hayden Avenue pumping station. The report states, "This temporary ser- Electrical
vice was allowed as a result of their needs for electrical power during Costs
the construction phase of their buildings. The reason for this request Hayden
was that in their dealings with Boston Edison, they found out that the Avenue
installation schedule from Boston Edison would not meet with their time
schedule. Therefore, the quickest way to expedite this matter was to
install the temporary service to our pumping station. The Board granted
approval of this temporary service, with the condition that they provide
the necessary electrical disconnect and that they would assume all costs
for both temporary service and the restoration of same. . I feel
that the Town has more than paid its share of cost for electrical under-
ground service on Hayden Avenue "
The Board agreed to inform W.R. Grace Company that it is the con-
clusion of the Selectmen that the charge of $1,225 was fair and
reasonable and the Town would not participate in the cost.
Chairman Kenney informed the Board that the State Department of
Public Works requests that the Board sign the agreement relative to Min. Reg.
the installation of Pedestrian-Actuated Traffic Control Signals on Voc.School,
Route 2A. The agreement has been checked and approved by Mr. McSweeney Route 2A
for the location at the Minuteman Regional Vocational Technical School Traffic
Upon motion duly made and seconded, it was voted to sign the agree- Signals
ment between the Commonwealth of Massachusetts and the Town of Lexington
relative to the installation of Pedestrian-Actuated Traffic Control Sig-
nals on Route 2A at the Minuteman Regional Vocational Technical School.
Chairman Kenney read a letter from the Cary Memorial Library
Trustees nominating Mrs Sarah Harkness, 34 Moon Hill Road, to fill the Appt
vacancy on the Historic Districts Commission caused by the resignation Historic
of Royston Daley. Districts
Upon motion duly made and seconded, it was voted to appoint Mrs. Comm.
Sarah Harkness a member of the Historic Districts Commission, repre-
senting the Cary Memorial Library Trustees, to fill an unexpired term
of office to January 1, 1978
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Selectmen's Meeting August 12, 1974
Chairman Kenney read a letter from the Planning Board stating
Tax Title that it agrees there should be a moratorium on all tax title lots for
one year in order to give Town agencies an opportunity to review each
lot to determine whether or not there is an appropriate Town use for
these lots. The Selectmen have the up to date list of tax title lots
considered suitable for scattered site housing, which the planning
staff has compiled from existing records If additional previously
unknown lots are brought to our attention, the Planning Board will
review them on an individual basis and keep you advised.
Chairman Kenney: We will continue with our prior vote of a
moratorium on the sale of tax title lots until May 31, 1975
The Board agreed.
Chairman Kenney read a request from Police Chief Corr to appoint
Special three additional Special Police Officers
Police Upon motion duly made and seconded, it was voted to appoint the
Officers following as Special Police Officers in the Town of Lexington
Patricia A. Swanson, Anne R. Scigliano, Angelo D Azzolino (Library
Custodian) .
Youth Chairman Kenney informed the Board that a list of High School
Advisory nominees has been received for appointment to the Youth Advisory
Commission Commission.
High School Upon motion duly made and seconded, it was voted to appoint the
Bepresenta- following members of the Youth Advisory Commission for a term of
tives office from July 1, 1974 to June 304 1975.
Josh Cochin, Betsy Kessler, Madelyn Quinlan, Christopher Anderson,
Suzanne Abkowitz, Mary Rockwood, Matthew Powers, Douglas Gallager.
Cert. of Upon motion duly made and seconded, it was voted to certify the
Incorp. character of the following who have applied for Certificate of Incor-
poration Robert P. Hunter, 20 Benjamin Road, "The Hunter Farm, Inc."
Charlotte Aladjem, 3 Field Road, "Waltham Committee for Community
Residences, Inc."
Upon motion duly made and seconded, it was voted to approve the
I Minutes minutes of the Selectmen's meetings of January 28, February 4, Feb-
ruary 11, February 19, February 25, March 4, ,May 13, May 20, 1974.
The Board discussed a memo from Mr. Zehner, Chairman of the Town
Town Report Report Committee, regarding the budget for printing the report.
Printing Chairman Kenney Essentially, Mr. Zehner is saying that he has
a budget of $7,000 and he will need $8,500.
The Board agreed to meet with Mr. Zehner to discuss the budget
and the cost for professional services.
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Selectmen's Meeting August 12, 1974
Upon motion duly made and seconded, it was voted to sign the State
Warrant for the State Primary to be held on September 10, 1974 and to Primary
set the polling hours of 7 00 a.m. to 8 00 p m. Warrant
Upon motion duly made and seconded, it was voted to remove from
the table the request from the Traffic Safety Committee to amend the
Traffic Rules and Orders by adding Stop signs at various locations in
the Town.
Upon motion duly made and seconded, it was voted to amend the
Traffic Rules and Orders, adopted by the Board of Selectmen on Novem-
ber 13, 1967, by adding the following:
By adding to Article VIII, Section 22, Schedule #7, the following
Street Location Regulation
Spring Street Northeastbound at Marrett Rd & Bridge St Stop
Bridge Street Northwestbound at Marrett Rd. & Spring St. Stop
Middle Street Southwestbound at Lincoln St Stop
Westminster Ave. Northwestbound at Lowell St Stop
Vaille Avenue Eastbound at Reed St Stop
Gleason Road Northwestbound at Fuller Rd. Stop
Gleason Road Southeastbound at Fuller Rd Stop
Locust Avenue Northeastbound at Follen Rd. Stop Stop Signs
Locust Avenue Southwestbound at Follen Rd. Stop
Dawes Road Northeastbound at Follen Rd. Stop
Muzzey Street Northeastbound at Forest St Stop
Muzzey Street Southwestbound at Forest St. Stop
Hayes Avenue Northeastbound at Meriam St. Stop
Hayes Avenue Southwestbound at Meriam St. Stop
A request is to be submitted to the State Department of Public
Works for approval of the locations.
Chairman Kenney informed the Board that the Board of Appeals has
requested an opinion regarding the application of Kitchen and Kutchen Kitchen and
for a finding and determination on the 3.0514 acres of land located at Kutchen -
the northeasterly corner of Hartwell Avenue and Hinchey Road. Hartwell Ave.
It was agreed to inform the Board of Appeals that the Board of
Selectmen has no objection to the development, as proposed by Kitchen
and Kutchen.
Upon motion duly made and seconded, it was voted to go into Exe- Executive
cutive Session for the purpose of discussing, deliberating or voting Session
on matters which, if made public might adversely affect the public
security, the financial interests of the Town, or the reputation of a
person.
Selectmen's Meeting August 12, 1974
After discussion of matters concerning Town Departments, it was
voted to go out of Executive Session.
Upon motion duly made and seconded, it was voted to adjourn at
10:00 p.m.
A true record, Attest
3114-4b.
Executive Clerk, Selectmen