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HomeMy WebLinkAbout1974-01-28-BOS-min =106 SELECTMEN'S MEETING January 28, 1974 A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, January 28, 1974, at 7 30 p.m. Acting Chairman Bailey, Messrs. Busa and Brown, Mrs. Riff in; Mr. O'Connell , Town Manager, Mr. Cohen, Town Counsel , Mr. McSweeney, Director of Public Works/Engineering, Mrs. McCurdy, Executive Clerk, were present. Acting Chairman Bailey opened a hearing on the petition of East Village Nursing Home for permission to install an approved 2,000 gallon underground tank for the storage of 2,000 gallons of gasoline on the premises at 140 Emerson Road, Lexington. Notice of the hearing was advertised in the January 17, 1974 issue of the Lexington Minute- man, and copies were sent certified mail by the petitioner to all the abutters. A report from the Fire Chief was read, stating that he had in- spected and approved the site selected for the installation of the 2,000 gallon underground tank. With this small storage, he did not believe it was necessary to have the tank encased in a cement vault. If vaulting is necessary, a plastic capsule would be sufficient. Mr. Robert Cataldo, owner of East Village Nursing Home, was Gasoline present and said that this 2,000 gallon tank would be for our own License use; under normal conditions, we wouldn't consider having our own East Village tank but not knowing what the supply will be, we are afraid we Nursing would be caught short to get an ambulance in or out. We are not Home looking for permission to supply anybody but it would be for our own use; we are self-sufficient in every other way. There are no homes anywhere near the location of the tank. If there were ever a leak, it would run off as it is all sand there. Mr. Brown I feel that a plastic liner would be a good idea as there is a lot of swamp land and the Great Meadows are there. Mr Cataldo: We would be happy to encase it. Acting Chairman Bailey Does anyone in the audience have ques- tions? No one answered. Acting Chairman Bailey Is anyone present in favor? Mr. John Maloney, Vice President of Emerson Gardens had no objec- tion. Acting Chairman Bailey Is anyone present in opposition? No one answered. Acting Chairman Bailey declared the hearing closed. Upon motion duly made and seconded, it was voted to sign the license to East Village Nursing Home for the installation of an ap- proved 2,000 gallon underground tank for the storage of 2,000 gallons of gasoline on the premises at 140 Emerson Road, Lexington, with the restriction that this tank is to be encased in a plastic capsule. 407 III Selectmen's Meeting January 28, 1974 Mr. O'Connell reported that the Fire Department ambulance was .in- volved in an accident on January 25 at Bedford Street and Larchmont Ambulance Lane. The driver had minor rib bruises, there was no one in the ambu- Accident lance. It struck the rear of a car owned by John Hoffman of Larchmont Lane. Estimated damages are $2, 100 and we are starting repairs and exploring the insurance. At the request of the Town Clerk, five jurors were drawn, as follows Jurors Rosewell Farnham, Jr. 3 Diehl Road Roy V. Harris 8 Alger Road Forestine P. Cole 47 Ledgelawn Avenue Joseph J. Crowley 212 Concord Avenue Ode le Medas 192 Spring Street Acting Chairman Bailey read a letter from the School Committee requesting that sidewalks on Grassland, Bridge, and Valleyfield Streets be plowed as parents of Franklin School students are con- cerned about the children's safety. A report from the Director of Public Works was read and it was agreed to accept his recommendations. A letter is to be sent to the Snowplowing School Committee informing them that Mr. McSweeney has advised the Sidewalks Board that sidewalks on Waltham Street and Bridge Street have been Franklin added to the 1973-1974 snowplowing routes and the situation in the and Clarke winter time should be greatly improved. Also, the policy of plowing School Area sidewalks is generally limited to arterial and collector streets but if a neighborhood street has a continuous sidewalk, with a signifi- cant number of walkers , it might warrant plowing. The Traffic Safety Committee has reviewed this area and reports that there is not a con- tinuous sidewalk on Grassland Street nor is there a continuous side- walk from this area available to the walkers of the Franklin and Jonas Clarke Schools. Members of the Traffic Safety Committee would be pleased to meet with you to discuss the policy of sidewalk plowing in school areas. Acting Chairman Bailey read a letter of complaint from Rev. Victor Ford, 4 Grove Street, concerning a dog owned by Robert L Reis, 88 Burlington Street. The dog, a miniature poodle, has bitten his son and he would like the Town to take steps to be sure that the dog does Reis Dog not come into his yard. A report from the Health Department was read stating that records indicate that Edward Ford, 4 Grove Street, and Yon Kim, 22 Grove Street, were bitten by the Reis dog on August 20, 1973 There are no other records of complaints of the Reis dog being at large or of the dog attacking or biting people in the area Mr. Belcastro, Dog Officer, 40S Selectmen's Meeting January 28, 1974 has been instructed to patrol this area to see if the dog is at large. If the dog is seen by Mr. Belcastro, he will either be picked up and taken to the kennel or returned to the Reis family, at which time a violation notice will be served and a court complaint filed. The Board agreed that a letter is to be written to Rev. Ford informing him that the Dog Officer will patrol the area and will im- pound the dog or return it to Mrs. Reis and issue a violation notice and file a court complaint. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on September 17, 1973. Upon motion duly made and seconded, it was voted to approve the Water recommendation of the Director of Public Works/Engineering to abate Abatements water bills for the following Harry F. Conrad 212 Lincoln Street Wrong Reading Edith Fletcher 14 Cary Avenue Wrong Reading sent in Robert Schworm 3 Watson Road Wrong Reading L.W. Slocomb 91 Gleason Road Wrong Reading sent in Acting Chairman Bailey informed the Board that an application has been received from John P. Carroll Co. , Inc. , 31 Allen Street, for re- newal of the Class 3 license. Class 3 Mr. Brown What is the status of this? 111 License Mr. Cohen The case is still pending. John Carroll Mr. Buse Is everything in this license within the scope of the Board of Appeals permit? Mr. Cohen It is the same as last year's license. Upon motion duly made and seconded, it was unanimously voted that, public hearing having been held by the Board of Selectmen on Monday, November 12, 1973, the Board votes to sign the 1974 Class 3 License to John P. Carroll , Inc. , expiring December 31 , 1974, for buying of second-hand motor vehicles for the purpose of remodeling, taking apart or rebuilding the same, or the buying o* selling of parts of second- hand motor vehicles or tires, or the assembling of second-hand motor vehicle parts. 1974 The Board discussed the Articles to be inserted in the Warrant Warrant for the 1974 Annual Town Meeting. There will be 109 Articles this Articles year. Upon motion duly made and seconded, it was voted to Insert the following Articles in the Warrant for the 1974 Annual Town Meeting: 1 L 4O Selectmen's Meeting January 28, 1974 Article I To choose by ballot Town Officers Bd. :f Sel. 2 Reports of boards and committeess 3 Cary Lecture Committee " 4 Appropriations for departments, officers, etc. " 5 Approval of Town Treasurer to borrow money 6 Transfer of unextended balances to E & D 7 Raise money to pay unpaid bills 8 Appropriate money for reserve fund " 9 Director of Accounts for state audit Lib. Trustee 10 Cary Library - state aid Bd. Df Sel. II Appoint members to the Board of Appeals 12 Installation or construction of water mains " 13 Install street lights 14 Obtain appraisals on land and on rights therein 15 Development of Westview Cemetery 16 Install curbing " 17 Install drains " 18 Install new or replacement water mains 19 Construct concrete, bituminous concrete sidewalks " 20 Install sewer mains and sewerage systems 21 Install trunk sewers in Carriage Drive area " 22 Install trunk sewers in the Hayes Lane area 23 Construct, equip, furnish a storage building It for Department of Public Works 24 Purchase equipment for Department of Public Works 1 25 Appropriate money for highway construction " 26 Appropriate money for highway maintenance 27 Construct or reconstruct streets 28 Improve and upgrade traffic controls signals 29 Construct an off-street parking area on land to be leased from Boston Edison Company 1 30 Clean and maintain streams and brooks in town Planging Bd. 31 Reimbursing subdividers for part of the cost of constructing ways or installing municipal services as required by the Planning Board Bd. 114 S.1 32 Convey land owned by the town and shown as lot 71 " and Consv. 33 Accept a gift from Concord Avenue Realty Corp. Biceitennial 34 Appropriate a sum of money for Bicentennial 35 Appoint a subcommittee to Bicentennial Committee Planning Bd. 36 Amend the Zoning by-law A and B " 37 Amend Article XXIV of the General By-Laws Bicentennial 38 Develop and equip picnic areas on town land 39 Develop and equip facilities for camping vehicles Recreation 40 Install a water main and drinking fountain at the Lincoln Street recreation area 410 Selectmen's Meeting January 28, 1974 Articles Recreation 41 Feasibility of renovating the Center Pool 42 Reconstructing, repairing, maintaining tennis courts Town Manager 43 Purchase of an ambulance for the Fire Department Bd. of Seel. 44 Improvement of lowlands and swamps Cons. Comm. 45 Accept as a gift from Frances May Baskin parcels of land bordering on Route 128, shown as lots 9, 19, and 20 on Assessors' Property Map 82 " 46 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of Lots 349 to 355 inclu- sive and Lots 365 to 394 inclusive, shown on a plan entitled "Dunster Gardens, Arlington, Winchester and Lexington, Middlesex County, Mass. owned by J.W. Wilbur" by Ernest W. Branch, Civil Engineer, August, 1912, recorded with Middlesex South District Registry of Deeds in Plan Book 206, Plan No. 23A, now or for- merly of the Graziano Family 47 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of a parcel of land shown as a lot containing 53,830 square feet on plan entitled "Plan of Land Lexington, Mass. Sur- veyed for Marco Realty Trust" dated December 18, 1969 by Frederick A. Ewell Registered Land Surveyor, recorded with Middlesex South District Registry of Deeds at the end of Book 11818, 48 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or con- servation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lots 290, 293, 294, 298, 301 , 302, 303, 306, 308, 310, 312, 314, 315, 316 and 348 in the vicinity of Hillside Avenue, a paper street; 49 Conservation purposes, including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, land shown as Lots 264, 291 , 292, 295, 296, 297, 300, 3058, 307, 309, 311 , and 332 on Assessors' Property Map 13 411 Selectmen's Meeting January 28, 1974 Article Const' Comm. 50 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other inter- est in all or any part of land shown as Lot 10 on Assessors' Property Map 39, now or formerly of Grey Nuns Charities, Inc, 51 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other inter- est in all or any part of land shown es Lots 83A, 84 and 101B on Assessors' Property Map 82, now or formerly of Greener and Whiter Trust 52 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other inter- est in all or any part of land shown as Lot 51 on Asessors' Property Map 55, now or formerly of Schena, and Lot 61 on Assessors' Property Map 62, now or formerly of Morrow, being premises adjoin- ing the Vine Brook off Grant Street " 53 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other inter- est in all or any part of land shown as Lot 104 on Assessors' Property Map 30, now or formerly of Curtis S Elliott 54 Conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other inter- est in all or any part of land shown as Lot 84 on Assessors' Property Map 30, now or formerly of Augusta 55 Additional sum of money to the Conservation Fund, established by vote under Article 9 of theWarrant for the Special Town Meeting Held on June 8, 1964 412 Selectmen's MeetingJanuary28, 1974 Article Cons. Comm. 56 Acquiring land for open space and conservation purposes, including outdoor recreation, as pro- vided by Section 8C of Chapter 40 of the General Laws as amended 57 Appropriate a sum of money to create a stabiliza- tion fund as provided in Section 58 of Chapter 40 of the General Laws with the intention of using such fund for future land acquisitions for con- servation and recreation purposes Bd. of Set. 58 Discontinue a portion of Wachusett Drive from Prospect Hill Road a distance of 380 feet more or less Northwesterly to Outlook Drive as shown upon a plan on file in the Office of the Town Clerk dated January 15, 1974 59 Establish as a town way and accept the layout of as a town way Wachusett Drive from Prospect Hill Road easterly a distance of 590 feet, more or less 60 Establish as a town way and accept the layout of as town way Wachusett Circle from Prospect Hill Road a distance of 230 feet, more or less, northeasterly to Wachusett Drive " 61 Establish as a town way and accept the layout of as a town way Tewksbury Street from Bedford Street a distance of 305 feet, more or less, southwesterly to Roger Greeley Village " 62 Discontinue a portion of Holland Street from the accepted portion of Holland Street a distance of 65 feet, more or less, northwesterly 63 Establish as a town way and accept the layout of as a town way Prospect Hill Road from the accepted por- tion of Prospect Hill Road a distance of 380 feet, more or less, northwesterly to Outlook Drive Planning Bd. 64 Nickerson Road from Massachusetts Avenue a distance of 1633 feet, more or less, to Massachusetts Avenue " 65 Carmel Circle from Nickerson Road a distance of 446 feet, more or less, southerly to end Bd. of Sel. 66 Filing fees in connection with the acceptances of streets. Lexington 67 Amend the General By-Laws of the Town of Lexington Housing Auth. " 68 Defraying the expense to the Lexington Housing Authority 69 Aid to the Lexington Housing Authority for defray- ing development, acquisition and operating costs of one of more low-rent housing projects 4 :3 Selecttmen's Meeting January 28, 1974 Article Town Mgr. 70 Amend Section 1 of Article XXX of the General By-Laws Bd. of Sel. 71 Special fund to pay employees of the town who perform off-duty work details TMMA 72 Amend Section 30 of Article V of the General By-Laws Planning Bd. 73 Amend the Zoning By-Law 74 Amend the Zoning By-Law 75 Amend the Zoning By-Law 76 Amend the Zoning By-Law " 77 Amend the Zoning By-Law 78 Amend the Zoning By-Law If 79 Amend the Zoning By-Law 'M 80 Amend the Zoning By-Law 81 Amend the Zoning By-Law 82 Amend the Zoning By-Law 83 Amend the Zoning By-Law 84 Amend the Zoning By-Law 85 Professional consultants and for expenses incurred by the Planning Board to make studies of wet areas, such studies to include, but not be limited to hydrological studies, soil studies, water table analysis, and drain- "' 86 Professional consultants and for expenses incurred by the Planning Board to develop town-wide goals and objectives to be utilized as the basis for the up- dating and revision of the Lexington Master Plan 87 Professional consultants and for expenses incurred by the Planning Board, tomakegeneral planning studies of such matters, but not limited to recreational facilities, downtown parking, bicentennial , fringe parking areas, and transportation Appro'p. Comm. 88 Amend the General By-Laws of the Town of Lexington Bd. of Sel. 89 Amend the General By-Laws of the Town in accordance with the report and recommendations of the Selectmen 90 Petition the General Court to amend the third para- graph of Section I of Chapter 753 of the Acts of 1968 dealing with a vacancy or vacancies on the School Committee Town Mgr. 91 Accept Section 6B of Chapter 40 of the General Laws relating to the providing of work clothes for members of the police and fire department 92 Accept Sections 57B and 57C of Chapter 48 of the General Laws relating to members of the fire department attend- ing union conventions as official delegates 93 Retain consultants to research, study and report on the problems of traffic safety in the school approach areas of the town 414 Selectmen's Meeting January 28, 1974 Articles Voters 94 Amend Article XXIV of the Building By-Law 95 If the Town will accept the provisions of Massachu- setts General Laws, Chapter 40A, Section 20 96 Amend Article XXIV of the General By'Laws of the Town 97 If the Town will vote, in accord with Section I Chapter 753 of the Acts of 1968 and G L. Chapter 41 Section 2, to increase the membership of the School Committee from five to seven members, " 98 Shall the Town, in addition to the payment of fifty per cent of a premium for contributory group life and health insurance for employees in the service of the Town and their dependents, pay a subsidiary or additional rate? 99 Amend Article XXIV of the General By-Laws of the Town 100 To see if the Town will raise and appropriate a sum of money to establish, under the supervision and control of the Department of Public Works 101 To see if the Town will vote to establish as a public footway and accept the layout of, as a public footway an unnumbered lot as shown on L.0 Plan #19485 G and Lot "D" from Cutler Farm Road to Valleyfield Street a distance of 490 feet, more or less, and an un- numbered lot as shown on a plan entitled Farmhurst section 4 as Grassland Street and lot 27 from Valley- field Street to Waltham Street a distance of 900 feet, more or less, as laid out by the Board of Selectmen " 102 To see if the Town will vote to amend the Zoning By- Laws of the Town and the Zoning Map 103 To see if the Town will vote to amend the Zoning By- Law, the Zoning District Maps and the Zoning Map by designating as an RM-Multi-family (garden apartment) dwelling district a certain area of land, now in- cluded in the RO-One Family dwelling district 104 To see if the Town will vote to amend the Zoning By- Law, the Zoning District Maps and the Zoning Map by designating as an RD-Multi-Dwelling District a certain area of land, now included in the RO-One Family dwelling district 105 To see if the Town will vote to amend the Zoning By- Law 106 To see if the Town will vote to amend the Zoning By- Law I 41.5 Selectmen's Meeting January 28, 1974 Article VoterS 107 To see if the Town will vote to amend the Official Zoning Map of the Town by changing land owned by Bruce A. and Herman E. Erikson from one family residence RO to multi family dwelling RM, said land is located at the intersection of Piper Road and Waltham Street containing approximately 4.03 acres 108 To s if the elamnI approve a resolution in sub ti lly h f lowing language, and instruct the ecen ltitransmit said resolution to the Office of the President of the United States Bd. of Sel. 109 To see if the Town will vote to appropriate a sum of money from available funds toward the reduction of the tax rate for the fiscal year Upon motion duly made and seconded, it was voted to table the sign- Rangeway ing of the agreement between the Town and the Boston Edison Company Hartwell Ave regarding easements for the Rangeway Trunk Sewer; Route 128 to the Bos. Edison HartwAll Avenue Trunk Sewer Sewer Ease. Acting Chairman Bailey read a letter from the White House, signed by Terrence O'Donnell , Staff Assistant to the President, Bicentennial as follows Invitation to Office of "Dear Mr. Kenney the Presi- dent I have been asked to acknowledge, for the President, the cordial invitation you extended to him to participate in the rededication of the Lexington Battle Green, to be held on Sunday, April 20, 1975 The President appreciates your thoughtfulness of him in extending this invitation and trusts you will understand that it is not possible for him to commit his schedule for a date so far in the future at this time. He will be pleased to have you contact him again in early 1975 and at that time your invitation can be considered in light of the President's schedule for the months to follow. In the meantime, the President sends his very best wishes to' you and the Lexington Board of Selectmen. Sincerely, Mr. Allan F Kenney Signed Chair rhan Terrence O'Donnell Board of Selectmen Staff Assistant Lexington, Massachusetts" to the President 1 void 1 I 1 VOID I I 416 Selectmen's Meeting January 28, 1974 Upon motion duly made and seconded, it was voted to go into Executive 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 personnel and finances of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:45 p.m. A true record, Attest al Executive Clerk, Selectmen c , I 1