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HomeMy WebLinkAbout1973-11-19-BOS-min SELECTMEN'S MEETING November 19, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 19, 1973, at 7 30 p m Chairman Kenney, Messrs Bailey, Busa, Brown and Mrs Rif fin; 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 discussed the license granted by the Board on October 15, 1973 to Lexington Gardens, 544 Lowell Street, for an addi- tional 15,000 gallon underground tank for storage of No 6 heating oil Lexington to be used to heat the greenhouses The decision of the Board that the Gardens tank was to be encased in a concrete vault had been appealed by the owner and the Board had agreed to reconsider Mr O'Connell recommended that the underground tank be encased in a polyethylene capsule, rather than a concrete vault, and this would take care of any possible leakage Upon motion duly made and seconded, it was voted to grant permis- sion to Lexington Gardens, Inc , to install an additional 15,000 gallon underground storage tank on the premises at 544 Lowell Street, with the stipulation that the tank is to be enclosed in a plastic cap- sule Upon motion duly made and seconded, it was voted to rescind the vote of October 15, 1973 that the additional 15,000 gallon underground storage tank be installed on the premises of Lexington Gardens, 544 Lowell Street, in a concrete vault. Mr O'Connell discussed the energy crisis and recommended that the thermostat be set at 55° in Cary Hall and to have very limited use Cary Hall of the building The thermostat in Estabrook Hall could be controlled when the room is used. Chairman Kenney We would have to honor commitments we have made for the use of Cary Hall, such as the Masterworks Chorale in December, but we could ask the senior citizens to look for another place to meet The Board agreed. Order of Chairman Kenney said that Town Counsel Cohen requests that the Taking Board sign the order of taking of the Baldwin land located on Concord Baldwin Avenue Concord Ave Upon motion duly made and seconded, it was voted to sign the following order of taking COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS TOWN OF LEXINGTON At a meeting of the Board of Selectmen of the Town of Lexington held this 19th day of November, 1973, it is e3 3 FT d Selectmen's Meeting November 19, 1973 ORDERED Whereas by vote adopted at Town Meeting duly called, warned and held on the second day of March, 1970, namely at an ad- journed session thereof duly held on March 30, 1970 and on the fifth day of March, 1973, namely at an adjourned session thereof duly held on March 27, 1973 in accordance with the provisions of law applicable thereto, the Selectmen were authorized on behalf of the Town of Lexing- ton to take by eminent domain, upon the request of the Conservation Commission of the Town of Lexington, for conservation purposes as pro- vided by Section 8C of Chapter 40 of the General Laws of Massachusetts, the land hereinafter described, and an appropriation of money was made therefor WHEREAS, the Conservation Commission of the Town of Lexington has requested the Board of Selectmen in writing to take said land in fee simple by eminent domain. NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of the Town of Lexington, duly elected, qualified and acting as such, do hereby, pursuant to said vote and request and under and by virtue of the provisions of said Section 8C of Chapter 40 and Chapter 79 of the General Laws of Massachusetts, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee simple in the name and on behalf of the Town of Lexington for conservation purposes as provided by said Section 8C of Chapter 40 a certain parcel of land in said Lexington, bounded and described as follows A certain parcel of land situated on the southerly side of Concord Avenue, Lexington, Middlesex County, Massachusetts, the same being shown as "Sheet 11 Lot 96-A 26 39 Acres (in Lexington)" on a plan en- titled "Plan. of land in Lexington, Mass ", dated April, 1973, by Barnes Engineering Company, Inc , to be recorded herewith, bounded and described according to said plan, as follows Beginning at the southwesterly corner of said parcel at the Lexington- Waltham town line; thence N 170 04' 02" W in part by a stone wall, 199 44 feet, to a drill hole; thence N 15° 25' 43" W by a stone wall, 101 46 feet, to a drill hole; thence N 19° 49' 33" W by the same, 71 73 feet to a drill hole; thence N 150 56' 33" W by the same, 76.26 feet to a drill hole; thence N 15° 07' 43" W by the same, 24 feet to a drill hole; thence N 240 03' 23" W by the same, 11 60 feet to a point, thence N 17° 31' 23" W by the same, 78 feet to a drill hole; thence 338 Selectmen's Meeting November 19, 1973 N 39° 12' 13" W by the same, 91 61 feet to a drill hole; thence N 43° 56' 43" W by the same, 64 75 feet to a drill hole; thence N 17° 45' 43" W by the same, 62 90 feet to a drill hole; thence N 15° 34' 23" W by the same, 39 17 feet to a drill hole; thence N 17° 45' 53" W by the same, 191 65 feet to a point on the southerly sideline of Concord Avenue; thence N 62° 42' 02" E by Concord Avenue, 9 12 feet to a stone bound; thence N 62° 09' 02" E by the same, 71 15 feet to a stone bound; thence N 62° 09' 02" E by the same, 551 76 feet to a stone bound; thence N 78° 04' 18" E by the same on a curved line, 291 77 feet to a stone wall; thence S 14° 01' 24" E by said stone wall, 36 04 feet to a point; thence S 03° 25' 56" E by the same, 26 42 feet to a point; thence S 09° 57' 36" E by the same, 87 feet to a point; thence S 03° 51' 16" E by the same, 84 69 feet to a point; thence S 04° 59' 16" E by the same, 37 53 feet to a point; thence S 18° 55' 56" E by the same, 144 14 feet to a point; thence S 07° 49' 44" W by the same, 111 49 feet to a point; thence S 11° 02' 46" E by the same, 15 99 feet to a point; thence S 44° 04' 26" E by the same, 18 32 feet to a point; thence S 70° 10' 06" E by the same, 50 73 feet to a point; thence S 72° 46' 26" E by the same, 205 88 feet to a point; thence S 73° 29' 56" E by the same, 87 03 feet to a point; thence S 66° 28' 30" E 331 84 feet to a point in a stone wall; thence S 02° 44' 56" E by said stone wall, 233 59 feet to a point; thence S 34° 58' 24" w by the same, 167 59 feet to a point; thence ' 33w) Selectmen's Meeting November 19, 1973 S 38° 53' 54" W by the same, 45 41 feet to a point; thence S 46Q 31' 24" W by the same, 39 59 feet to a point; thence S 74° 44' 04" W by the same, 31 12 feet to a point; thence S 84° 39' 54" W by the same, 30 47 feet to a point; thence N 82° 17' 16" W by the same, 62 47 feet to a point; thence N 79° 18' 26" W by the same, 427 21 feet to a point; thence S 05° 40' 54" W by the same, 122 50 feet to a point; thence S 02° 24' 26" E by the same, 94 71 feet to a point; thence S 14° 37' 14" W by the same, 86 63 feet to a point on the Lexington-Waltham town line; thence S 66° 49' 37" W along said town line, 458 03 feet to a point of beginning Containing according to said plan, 26 39 Acres ' All trees upon said parcel and building and structures affixed there- to are included in the taking We have awarded damages by reason of the taking hereby made to Althea B Sadler, Trustee of Florence Baldwin Trust, under Trust Agree- ment dated May 26, 1967, recorded with Middlesex South District Deeds, Book 11343, Page 113, in the sum of Ninety-Two Thousand Dollars ($92,000 00) In so awarding damages, we halve awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest Iin said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof WITNESS our hands and seals in said Lexington the day and year first above written Town of Lexington By Allan F Kenney Fred C Bailey Alfred S Buse Natalie H Riff in Sanborn C Brown 4() Selectmen's Meeting November 19, 1973 Chairman Kenney requested the Board to sign the contract, awarded Buckman on September 17, 1973, for work on the rear shed at the Buckman Tavern Tavern Rear Shed Upon motion duly made and seconded, it was voted to sign the con- Contract tract with R & M Wood Products, Inc , 27 Faneuil Street, Brighton, for repair and control work on the rear shed at Buckman Tavern, in the amount of $7,725 00 The Board discussed taxi licenses Chairman Kenney You will recall that when we voted an increase in the taxi rates (effective October 1, 1973) , it was with the condition that all cabs operating within the Town of Lexington shall be identified as taxis and shall be metered, and no other vehicles except taxis shall park in the street; also, none, except taxis, shall perform taxi duties We had a meeting with Mr Zimmerman and he said he fully understands Chairman Kenney to Mr Cohen Mr Zimmerman said that he has some Taxi Cab vehicles that are used for school use, and we no longer recognize Licenses liveries Mr Cohen Those licenses have expired Chairman Kenney He has a regular fleet that he uses for Town school work Mr O'Connell I think there are twenty-eight; he mentioned he had seven he used exclusively for Lexington and the others are used part time in other towns Mr Brown What about metered cabs going to the airport? Chairman Kenney Only metered taxicabs are to be used for this purpose Mr Busa Is he using our streets and our parking lots? Chairman Kenney The matter was discussed and Mr Zimmerman contends that he parks none overnight He maintains that drivers may be there between school runs At our meeting, we said that if he had to park temporarily he is to park down in the back of the parking lot Mr Busa I object to a business parking there; he should pro- vide his own parking facilities Chairman Kenney We made him aware of the fact that we are watching his vehicles in the lot. We will have to continually moni- tor him The Board agreed. Upon motion duly made and seconded, it was voted to sign the following taxi licneses, which will expire on May 1, 1974 81 Woburn St Corp Lexington Taxi Co , Inc d b a Minute Man Cab Company Taxi Registration 1051 Taxi Registration 1053 1052 1054 452 470 l _ 34_' Selectmen's Meeting November 19, 1973 81 Woburn St Corp Lexington Taxi Co , Inc d b a Minute Man Cab Company Taxi Registration 453 Taxi Registration 472 471 483 5349 485 5354 486 5356 5352 Chairman Kenney read a letter from Donald W Thomas, President of the Belfry Hill Neighborhood Association, recommending the improvement of street and sidewalk conditions in the Center Belfrey A report was read from the Director of Public Works/Engineering Hill stating that cost estimates for the 1974-75 are being prepared and Improve- they include sidewalk and curbing improvements for Clarke Street, ment Muzzey Street and Massachusetts Avenue on the south side from Wallis Court to Clarke Street These three projects are expected to be $75,000 to $100,000 The Board agreed to send a copy of the report to the Belfry Hill Neighborhood Association and to thank them for their recommendations Upon motion duly made and seconded, it was voted to grant the re- K of C quest of the Knights of Columbus for an extension of hours under the Liquor Club liquor license on New Year's Eve to 2 00 a m. Chairman Kenney read a notification from the Sheraton Lexington Motor Inn of a change in Manager, Mrs Evelyn Gillespie Sheraton Upon motion duly made and seconded, it was voted to sign a new Lexington liquor license for the Sheraton Lexington Motor Inn showing the change New Manage' in Manager, Mrs Evelyn Gillespie Upon motion duly made and seconded, it was voted to request ap- proval of the Alcoholic Beverages Control Commission of the new Mana- ger of the Sheraton Lexington Motor Inn, Mrs Evelyn Gillespie Upon motion duly made and seconded it was voted to approve the Minutes minutes of the Selectmen's Meeting of June 18, 1973 At 8 00 p.m. , Mr Hruby, Mr Melbye and Mr Power of the Lexing- ton Housing Authority met with the Board. Chairman Kenney Because of the resignation of Mr. Temple Scanlon, we have the joint obligation to appoint a new member to the Housing Housing Authority We have been considering several candidates and Authority because your other member, Mr Rooney, is in the hospital, I would appoint- suggest that it would be to our mutual benefit to postpone until next ment Monday Upon motion duly made and seconded, it was voted to recess the meeting with the Lexington Housing Authority until Monday, November 26, 1973, at 8 00 p m 342 Chairman Kenney read a petition from residents of Banks Avenue concerning problems in the surrounding area Such as open drainage pipe from Ames Avenue with a runoff of water extremely potent in oder and infested with insects; dumping of rubbish and dead animals Banks Ave in the wooded area; lack of police patrol in the area; no posting Petition of signs warning against penalties of fines for dumping in the area After reading a report from the Director of Public Works, it was agreed to inform the residents of Banks Avenue as follows "With reference to your petition concerning problems on Banks Avenue and the surrounding wooded areas, the Public Works Depart- ment has made an investigation and submitted the following informa- tion The problem area is bounded by Carville, Tucker, Baker and Ames Avenue with Banks Avenue running from Carville to Baker and parallel to Ames and Tucker It appears that when the four sur- rounding streets were developed, no consideration was given to the "back" land of which Banks Avenue is a part Filling in these streets created a one-acre pocket This portion of Banks Avenue is unaccepted. The area has a number of overtaxed sewerage septic systems that are leaking into this area and due to the characteristics of small lotting, the owners are incapable of refurbishing or replacing these systems There is a request under consideration in the 1974- 1975 sewer budget for the remainder of Banks Avenue that will com- plete the sewer system in this area If this should be approved, this could help in reducing the complaint of odors There are two lots of land in this area that are owned by the Town and we have asked the Department of Public Works to specifi- cally police these lots and to post signs prohibiting the dumping of rubbish, etc We questioned the Chief of Police regarding allegations of lack of police patrol and he informed us that he has had no com- plaints regarding this area If you have any specific problems, we respectfully request that you bring them to the attention of the Chief of Police In reviewing the residents' petition, we find that the Town did not contribute in any way in creating these nuisances and, there- fore, is not responsible for abating the problems We feel that by taking the actions outlined above that the Town will be living up to its obligations " The Board discussed the list of uncollectable ambulance bills submitted by the Tax Collector for abatement Uncollect- Chairman Kenney• We sent a letter to each one and informed him able that the bill should be paid and, if not, the list would be published Ambulance in the newspaper We did add that we should be informed in writing Bills if there was a good reason for not paying the bill Of the total of $387 00, we have received $22 00 for two bills and one name was re- moved from the list because of hardship circumstances 34', 3 , I Selectmen's Meeting November 19, 1973 The Board agreed to publish the list of uncollectable ambulance bills in the Lexington Minute-man Upon motion duly made and seconded, it was voted to abate the following uncollectable ambulance bills Name Address Amount Luis Motaluan 237 Cambridge St , Allston $ 5 00 Edward A Linehan 286 Carlisle Rd , Bedford 10 00 Raymond Daniels 143 Woburn St. , Lexington 5.00 Shirley Bennett 15 Nichols Rd. , Lexington 10.00 Bruce'Campbell 198 Grove St , Lexington 10 00 Tarry L. Britton 1 Park Ave , Arlington 10 00 Richard Wilson 1380 59th St , Brooklyn, N.Y. 10.00 Brucei& Laurie Campbell 198 Grove St , Lexington 10 00 Robert McLaughlin 25 Brandon St , Lexington 10 00 Debra Stevens 125 Webster Rd. , Arlington 5 00 Rita Asare 40 Fairfield St , Watertown 5 00 Richard T Ward 3 Holden Ave , Brookline 10 00 Donald Douty 160 Winter St. , Lincoln 10 00 Richard Cronin 128 Lancaster Ter , Brookline 10.00 111 Jean Holleran Ms Gloria McTigue 73A Second St , Framingham 29 Brandon St , Lexington 25 Meriam St. , Lexington 5 00 Carl Santoro 10 00 10 00 Barbara Coburn 26 Curve St , Lexington 10 00 Antonia Lograsso 2044 74th St , Brooklyn, N Y 10 00 Brian Hurley 32 Saddle Club Rd. , Lexington 10.00 Anthony Pilla 170 Pinehill Cir , Waltham 10 00 Robert McTigue 25 Meriam St , Lexington 10 00 Mercedes Arena 239 Cambridge St. , Allston 5 00 Richard Rand 4 Claire St. , Tewksbury 10 00 Christopher Caughey 196 High St , Newburyport 10.00 Christine Tobin 74 Campbell St. , Woburn 10 00 Kenneth Toomey 183 Woburn St. , Lexington 10 00 William Robinson, Jr 43 Cedar St , New Bedford 10 00 John King 49 Emmeline Ave , Waltham 10 00 Nora Silver 15 Chase Ave. , Lexington 10.00 Christopher McNeece 77 Spring St , Lexington 10 00 Linda Marlow 25 Webster Rd. , Lexington 5 00 Thomas Wexner 462 Waltham St. , Lexington 10.00 Lea Smith 10 West St. , Newton 10 00 Harry Sweeney 38 Temple St , Arlington 10 00 Virginia Mollica Battle Green Inn, Lexington 10 00 John Sheldon 1628 Mass. Ave. , Lexington 10.00 Ellen Duffey 7 Diane Dr , Lexington 10 00 Robert Briar 31 Milford St , Boston 10 00 III 344 Selectmen's Meeting November 19, 1973 Chairman Kenney read a recommendation from Dr Howard Smith that the room in Cary Memorial Building known as the Bird Room be offi- Bird Room cially changed to the Bicentennial Room. Mr O'Connell I would suggest that the matter be referred to the Trustees of Cary Memorial Hall Mr Brown agreed to talk with the Trustees Members of the Town Meeting Members Executive Committee met with the Board TMMA Chairman Kenney We have invited you to meet with us to request Legislative that you appoint a Legislative Action Subcommittee We are represented Committee by Representatives Cole and Cusack and Senator MacKenzie and, in the past few years, have been monitored by the League of Cities and Towns and the Massachusetts Selectmen's Association, and when something detri- mental to our Town comes up, we write to the Governor Your committee could speak in the name of the elected Town Meeting Members of the Town and could notify top legislative leaders of our feelings Mr Scouler, TMMA. It is in all our best interests and the Execu- tive Board will cooperate and we will do our best The Board thanked the TMMA members and they retired from the meeting Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on Session 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 Upon motion duly made and seconded, it was voted to adjourn at 10 30 p m. A true record, Attest j4)." Executive Clerk, Selectmen I