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HomeMy WebLinkAbout1974-01-07-BOS-min 387 SELECTMEN'S MEETING January 7, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, January 7, 1974, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riffin; Mr. O'Connell , Town Manager; Mr. Cohen, Town Counsel ; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell recommended that the Board take legal , official action to force the owners of the property at the Lexington-Burlington line from removing gravel from the Lexington side to the Burlington side. This area is being planned as a mini-shopping center. Mr. Cohen We could go to court for an injunction. Chairman Kenney We requested the Building Inspector to inspect the premises and it has been established as a fact that fill is being taken from our side to the Burlington side. Burlington Mr. O'Connell: The owner isn't arguing the location of the line Arcade but alleged that he has the right to move fill on his property. Chairman Kenney Selectmen Brown and I were both called on this and I asked Mr. O'Connell to send in the Police. Sgt. Hickey asked the contractor to stop the bulldozer and he agreed that he would, and would work elsewhere on the site. Today, I learned that, at the owner's in- struction, the project was being continued. I would like to go to court tomorrow for an injunction to "Cease and Desist" and to have the owner put the fill back and return the land to the original condition. Mr. Brown Officer Day took pictures today when they started again and he has the numbers on the equipment. Mr. Cohen You have to have them stop first; then, you can ask for relief. I think we can get an injunction. It seems to be a clear violation of the By-law. The Board agreed that Town Counsel is to take care of the matter and report back. Mr. O'Connell said that Board members are invited to a meeting, sponsored by the Massachusetts League of Cities and Towns, at the Sheraton-Motor Inn on January 22. One of the topics will be Chapter 766-Special Education Act, and Mr. O'Connell is to be on the Energy Panel. Chairman Kenney informed the Board that a letter has been received from Secretary Cowin of Administration and Finance concerning proposals State Sub- for sub-district groupings for State services. District Mrs. Riff in Personally, I would choose Option I of the proposed Groupings sub-district group as we have more in common with the other municipal- ities in this area than in any of the other options. Cambridge and 38S Selectmen's Meeting January 7, 1974 Somerville are in this region and we have been planning the radial roads; Arlington is also related in this one, and we have a relationship in transportation (Red Line Extension) , highway improvements (Route 2), the new. Vocational School , common Bicentennial planning, and many other mutual efforts, such as human services, E.E.A. , etc. Option .I is the " least worst" proposal. The Board and Mr. O'Connell agreed. A letter is to be written to Secretary Cowin that the Board unanimously prefers Option I in the proposed sub-district group. Chairman Kenney read a notice from DPW Commissioner Campbell stating that the Governor had signed two bills comprising a $350 million comprehensive program of state aid to local communities for the improvement and operation of transportation services. It includes assistance for local highway, public transportation, and airport activities, and is the first comprehensive transportation measure in the history of the Commonwealth. For those municipalities outside the MBTA area, there is available a $25 million direct appropriation for assistance in the operation and maintenance of local streets. State Aid - Eligible items include highway related administrative expenses, Highways salaries for local engineering, public works and police personnel en- gaged in traffic operations, highway maintenance expenditures andihigh- way construction expenditures. This money is intended to reimburse municipalities for the cost of highway actiyities carried out between December 5, 1973 and December 31 , 1974. You will receive a check ; before January 31 , 1974 for your community's share, which should then be deposited in a separate account. It can be used by your munici- pality to reduce the burden of the local property tax on taxPeyers through reimbursements for highway-related expenditures. In addition, all non-MBTA communities have been allocated a share of a $ 15 million highway bond authorization to be used for the construction, reconstruction, and resurfacing of local streets. Eligible items include sidewalk construction, landscaping, tree planting, roadside drainage, bridge, traffic control devices, bicycle paths, intersection construction, land takings, and related profes- sional services. In the case of these funds, a check for your community's share will be forwarded to you by January 31 , 1974. You must deposit the check in a separate account and it may be appro- priated by your municipality for highway projects in the above categories, which have received our Departmental approval. You should note that the legislature has specifically prohibited the utilization of these funds for the construction or resurfacing of off-street park- ing areas. Chairman Kenney Qur share is $207,984. Will this be shown on the Cherry Sheet as a credit? Mr. O'Connell; Yes. Chairman Kenney to Mr. McSweeney Do I understand there would be some funding for road services in addition to this? `.3s9 I / I Selectmen's Meeting V January 7, 1974 Mr. McSweeney Yes; under Chapters 765, 90 and 81. Mr. O'Connell I don't know how this will affect the forecast. Chairman Kenney If we are fortunate and get the Chapter 765 money, we could allow it to be allocated on sidewalks. We could ask for Town Meeting approval . Mr. McSweeney I have asked these questions and Mr. Kiernan (State DPW) said he would be in touch with us. The Board agreed that Mr. McSweeney is to pursue the matter with the State Department of Public Works. . Brown Yes. Mr. McSweeney If we handle it that way, then we will be giving them some feedback. Chairman Kenney to Mr. Brown You are asking for the Design Group to look at items a, b and c? Mr. Brown Yes. The Board agreed that Mr. Bron is to contact the Design Advisory Board to discuss the connector road and fringe parking, and report back on arrangements for a meeting with them. The Board discussed the Metropolitan District Commission hearing on proposed increase in water rates and it was agreed that Mr. McSweeney would make arrangements to have a representative present to represent the Town. The Board discussed a letter from the Minuteman Regional Vocational Technical School District stating that no formal action with respect to adoption of a final budget has yet been taken by the regional school committee. Mr. O'Connell This is in answer to your letter of December 12 tell- ing them we thought the figures were too high. Now, their figure of $423,000 (Lexington's assessment) is forecast at $376,000 but they point out that capital costs are not being included in the Town's school budget. The Lexington taxpayer is going to have to pay $4,800 per pupil. Chairman Kenney I understand there is a finance committee made up of representatives of each district. Mr. Bailey and Mr. Brown felt that a letter should be written to the Minuteman egional Vocational Technical School District stating that the Board is issatisfied because the "start-up" costs are too high. The ` and agreed. Up. n motion duly made and seconded, it was voted to go into Executive Sessia for the purpose of discussing, deliberating or voting on such matte's 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 of financial interest to the Town, it was voted to go out of Executive Session. A true record, Attest IExecutive Clerk, Selectmen , 9U Selectmen's Meeting January 7, 1974 Mr. McSweeney Yes; under Chapters 765•, 90 and 81 . Mr. O'Connell I don't know how this will affect the forecast. Chairman Kenney If we are fortunate and get the Chapter 765 money, we could allow it to be allocated on sidewalks. We could ask for Town Meeting approval. Mr. McSweeney I have asked these questions and Mr. Kiernan (State DPW) said he would be in touch with us. The Board agreed that Mr. McSweeney is to pursue the matter with the State Department of Public Works. The Board discussed the possibility of having curb rampsin the Ramps Central Business District. Battle Chairman Kenney The way we left it is that we would be request- Green ing a small amount of funds in the general sidewalk article to install ramps around the Green. The Board agreed that Mr. McSweeney is to have plans drawn up showing the location of ramps around the Green. Chairman Kenney read a report from the Director of Public Works/ Engineering in reply to a request from Mr. Robert Barclay, 295 Woburn Street, that the Woburn Street access to the Green & White Property be Green & blocked off because of drinking and loud activity by teenagers. White The report states that after reviewing the matter with the Police Access and Fire Chiefs, the Traffic Committee voted unanimously to request the Board of Selectmen to notify Green & White of this complaint and further request the owners to take the necessary steps to abate this nuisance by chaining this access off or by any other suitable means that would be in agreement with the Police and Fire Departments. Upon motion duly made and seconded, it was voted to accept the recommendation regarding access to the land behind the Harrington School from Woburn Street. Mr. McSweeney was requested to contact Green & White and ask their cooperation in resolving the problem in the area. Chairman Kenney read another request from Mr. Benjamin H. Golini , Golini 35 Balfour Street, to purchase abutting tax title lots 476 and 477, Tax Title Balfour Street. Chairman Kenney This is the third time he has approached us and we have informed him of the moratorium on the sale of tax title lots until March 31 , 1974. The Board agreed to answer Mr Golini that the moratorium is still in effect and the Board will vote on it after Town Meeting. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meetings held on August 27 (open and execu- tive) and September 4, 1973 (open). I e�9 1 Selectmen's Meeting January 7, 1974 Chairman Kenney read a letter from the League of Women Voters re- questing an explanation for executive session at the time that it begins and the public meeting is ended, in accordance with the Massa- LWV chusetts Open Meeting Laws. The Board agreed to inform the League of Women Voters that the Board has always done this and shall continue the practice of publicly announcing in the open meeting the general subjects and the reasons why they are discussed in executive session. Chairman Kenney read an application from Attorney Leonard I . Singer, Boston, for a transfer of a Lodging House license from Virginia Coleman- Wild Acre Wild Acre Inn, Inc. of 50 Percy Road to Dr. Bernard Yudowitz-Lexington Inn Wild Acre Inn, Inc. A report from the Building Inspector was read stating this build- ing has been used for years as a boarding house, inn, or lodging house as a non-conforming use. The Department's prior visits to the premises has been in connection with State requirements and some bathroom alter- ations. I was surprised at the number of people that were around in bathrobes although seemingly able-bodied. My understanding is that the property is to be sold, and I feel that any issuance of a license, if applied for, should be explicitly spelled out as to the proposed use. III Mrs. Riff in It is like a halfway house. Mr. Busa if the scope of the original operation has changed, it becomes a matter for the Board of Appeals. Upon motion duly made and seconded, it was voted to refer the Wild Acre Inn application to Town Counsel for investigation. Mr. Brown informed the Board that Peter Chalpin, Engineer, has been our representative at meetings on transportation. On January 3, Mr. Chalpin was present at a meeting in the Executive Office of Transport- ation and Construction and reports - I. The Mass D.P.W. is currently negotiating a contract with an engineering consultant to prepare an environmental impact Transporta- statement, basic design, and final design to include the tion following projects a. Fringe Parking for 620 vehicles at Route 128 in the vicinity of the B & M R R. Tracks, b. Fringe Parking at Hanscom Field. c. The Hanscom Field Connector as a first leg of a Hanscom Field Circumferential Roadway. 2. Improvements to Route 4 and 225 between 128 and Hartwell Avenue are being studied in TOPICS. 3. Plans were displayed for improvements to the roadway system at Route 2 and Alewife Brook Parkway in conjunction with the exten- sion of the Red Line to Alewife. TIC)C) eJ» Selectmen Meeting January 7, 1974 4. The JRTC would like from the communities, in writing, any specific suggestions related to local or regional trans- portation problems or issues which they feel merit inclu- sion in the Unified Work Program. Mr. Brown: We have not made any comment about parking in the vicinity of Route 128 and the DPW is very much interested. Could we ask the Design Advisory Group to look at this. Chairman Kenney We did comment on it. Mr. Bailey Parking doesn't make much sense without a connector road. Chairman Kenney We haven't done anything in depth on the connector but we are on record that the parking lot was tied in indirectly. Mr. Bailey: Are they saying if we are not in agreement with the parking lot, we won't get the connector? Mr. McSweeney No, we are going to set up meetings to discuss this. Mr. Brown: The more action we take in terms of what we feel in Lexington... Chairman Kenney: Should we comment in terms of the connector? Mr. Brown Yes. Mr. McSweeney If we handle it that way, then we will be giving them some feedback. Chairman Kenney to Mr. Brown You are asking for the Design Group to look at items a, b and c? Mr. Brown Yes. The Board agreed that Mr Brown is to contact the Design Advisory Board to discuss the connector road and fringe parking, and report back on arrangements for a meeting with them. MDC Water The Board discussed the Metropolitan District Commission hearing Rates on proposed increase in water rates and it was agreed that Mr. McSweeney would make arrangements to have a representative present to represent the town. The Board discussed a letter from the Minuteman Regional Vocational MRVTS Technical School District stating that no formal action with respect to ,Budget adoption of a final budget has yet been taken by the regional school committee. Mr. O'Connell This is in answer to your letter of December 12 telling them we thought the figures were too high. Now, their figure of $423,000 (Lexington's assessment) is forecast at $376,000 but they point out that capital costs are not being included in the Town's school budget. The Lexington taxpayer is going to have to pay $4,800 per pupil. Chairman Kenney I understand there is a finance committee made up of representatives of each district. I 393 Selectmen's Meeting January 7, 1974 Mt. Bailey and Mr. Brown felt that a letter Should be written to the Minuteman Regional Vocational Technical School District stating that the Board is dissatisfied because the "start-up" costs are too high. The Board agreed. Upon motion duly made and seconded, it was voted to go into Exile. cutive Session for the purpose of discussing, deliberating or voting on such 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 of financial interest to the Town, it was voted to go out of Executive Session. A true record, Attest 717 Executive Clerk, Selectmen