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HomeMy WebLinkAbout1973-10-23-BOS-min 281 SELECTMEN'S MEETING October 23, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, October 23, 1973, at 7:301p.m. Chairman Kenney, Messrs. Bailey and Busa, Mrs. Riffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Execu- tive Clerk, were present. At, the request of the Town Clerk, six jurors were drawn as follows Anna E. Mallett 21 Emerson Gardens Jurors Helen G. Amiro 905A Massachusetts Ave. Henry A. Wein 6 Burroughs Road Margery T. Deveney 64 Woburn Street Vaughn K. Bogosian 252 Worthen Road Julian Shoemaker 18 Dexter Road Mrl. O'Connell discussed the conservation of energy and recommended that a plan be developed in the event of homeowners running out of fuel; assuming that there is no other source to which they may turn, it is Energy likely they will turn to the Town. All Town departments should be re- Crisis questedl to take steps to cut down on energy consumption. The Board agreed that Mr. O'Connell is to keep the Board informed of futu 'e developments. Mrt Robert Tarlin, Bicentennial Director of Planning and Opera- tions, briefed the Board members regarding the upcoming meeting on Bicenten- October 25 with the military at Hanscom Field. The tentative program nial for the weekend of April 19, 1975 is to be presented, and problem areas, Hanscom such as crowd control, will be discussed. Field Dr+ Paul Dratch, 2 Maureen Road, met with the Board to request a drain connection to a Town-owned drain, as shown on his plan. Chairman Kenney read a report from Mr. McSweeney stating that the plan calls for a proposed catch basin in the rear yard at No. 2 Maureen Road, then runs through a 10" concrete pipe in a proposed easement across the property at No. 4 Maureen Road to the existing Town-owned Dr. Dratch 24" drain in an easement between No. 4 and No. 6 Maureen Road. The Drain proposed solution should be considered marginal at best and contains severaliundesirable engineering factors; however, there are no entirely acceptable alternatives to the problems. The factors alluded to are (1) Absolute minimum amount of cover over the pipe; (2) Slope limited to lesslthan self-cleaning velocity; (3) Entrance to existing system less than 90° angle; (4) Invert of proposed pipe enters lower than high water flow line. It is our recommendation that permission be granted for thi$ connection subject to conditions I 282 Selectmen's Meeting October 23, 1973 1. That the contractor be licensed by the Town of Lexington as a sewer and drain layer. 2. That the easement be acquired prior to beginning construction. 3. That the applicant is aware, and has been informed by the Selectmen, that this is a marginal solution and regular maintenance by the applicant may be necessary because of the engineering factors involved. 4. No gutter downspouts, foundation drains or other building drains can be connected to this system. 5. The owner, in writing, shall indemnify and save harmless the Town of Lexington in the event of a surcharge in the Town- owned 24" drain. After discussion, the Board accepted Mr. McSweeney's recommendations. Upon motion duly made and seconded, it was voted to approve the re- quest of Dr. Paul Dratch for a drain connection, at his expense, accord- ing to a plan submitted for a catch basin in the rear yard of No. 2 Maureen Road, thence running through a 10" concrete pipe in a proposed easement across the property at No. 4 Maureen Road to the existing Town- owned 24" drain in an easement between No 4 and No. 6 Maureen Road. Dr. Dratch agreed to submit the indemnification and a copy of the111 easement to the Engineering Department in order to expedite the imple- mentation of the project. Also, to install the drain in accordance with the conditions outlined above. Chairman Kenney informed the Board that a check for $4,000 has been received from Mr. Edward E. Domings for Lots 166-167 on Valleyfield Street. Under Citizen's Article 77 of the 1971 Annual Town Meeting, it was voted to remove the restriction subject to payment set by the Domings Selectmen. Mr. Domings must apply to the Building Inspector for a Valleyfield building permit and then go before the Hatch Act hearing. If he is Lots denied, we would return the $4,000. The Board agreed. Upon motion duly made and seconded, it was voted to accept from Edward E. Domings a certified check in the amount of $4,000, payable to the Town of Lexington, to be held in escrow by the Town Treasurer pending the issue of a building permit for Lots 166-167, inclusive, on Valleyfield Street and, upon issue of such building permit, to release Lots 166-167, inclusive, on Valleyfield Street from the re- strictions imposed in a certain deed from the Town to Edward E. Domings and Mary L. Domings conveying Lots 166-167 on Valleyfield Street, which deed is dated April 17, 1968 and recorded in Middlesex South District Registry of Deeds, Book 11493, Page 147. I 2b3 Selectmen's Meeting October 23, 1973 Chairman Kenney read a request from Mr. McSweeney for abatement of the sewer betterment assessment on Lot 75/23 owned by Jerry and Maxine W isserman, 11 Winthrop Road, in the amount of $1105.15, as Wasserman they had been assessed previously for Adams Street. Sewer Upon motion duly made and seconded, it was voted to abate the sewer betterment assessment on Lot 75/23 owned by Jerry and Maxine Wasserman, 11 Winthrop Road, in the amount of $1105.15 For the information of the Board, Chairman Kenney read a letter from theState Department of Public Works stating that the Chapter 90 assignment of June 6, 1973, for the improvement of roads in the Town Chapter 90 of Lexington under Section 34, Chapter 90 of the G.L. has been divided as follows Lexington State For Improvement Project $ 2,000 For Construction Project 45,686 For Future Chapter 81 Projects None $47,686 Chairman Kenney informed the Board that an application has been Common received from LeBellecour, Inc., 10-12 Muzzey Street, for a Common Victualler's Victualler's license. License Upon motion duly made and seconded, it was voted to sign the LeBellecour Common Victualler's license for LeBellecour, Inc., subject to final inspection by the Board of Health. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on June 4, 1973. Chairman Kenney read a recommendation from the Traffic Safety Committee in reply to a letter from Mr. Volante concerning a hazard- ous traffic situation at the intersection of Lillian Road and Lowell Street, Stating that after investigation of the location and owner- ship of the bushes at 90 Lowell Street, it has been determined that they are within the right-of-way and are owned by the Town. It is, therefore, our recommendation that the Public Works Department be Lillian Rd. instructed to remove said bushes for safety reasons. Lowell St. Chairman Kenney I believe that if this situation is taken care Volante of, the Warrant for a stop sign, as requested by Mr. Volante, will no longer apiy? Mr. Martin, Assistant Town Engineer I believe that is correct. Upon motion duly made and seconded, it was voted to instruct the tree warden to make arrangements to remove the bushes on the Town right-of-way at 90 Lowell Street. 1 �I 284 Selectmen's Meeting October 23, 1973 Mr. McSweeney is to advise Mr. Volante of this decision; also to contact the owner of the property located at 90 Lowell Street. Chairman Kenney read a recommendation from the Traffic Safety Com- mittee to reduce the mandatory Right Turn at the intersection of Eldred Bedford St. Street and Bedford Street from 7 days to 5 days a week. Eldred St. Upon motion duly made and seconded, it was voted to instruct Mr. McSweeney to contact the State Department of Public Works regarding the implementation of a mandatory Right Turn at the intersection of Eldred Street and Bedford Street on Monday through Friday. Chairman Kenney read a request from Mr. and Mrs. Joseph Medas for a deferment of a sewer betterment assessment on Lot 12/5A Spring Street. A report from Mr. McSweeney was read stating that the order assets- ing betterments was filed in the Registry of Deeds on May 28, 1971 and Medas committed on September 10, 1973 in the amount of $614.15. The sewer Sewer is available and unless severe hardship exists, we recommend that the Assessment betterment be paid. Upon motion duly made and seconded, it was voted to deny the re- quest of Mr. and Mrs. Joseph Medas, 192 Spring Street, for a deferment of sewer betterment assessment in the amount of $614.15 on Lot 12/5A Spring Street. Chairman Kenney informed the Board that a letter has been received from the Lexington Golf Club requesting deferment of sewer betterment assessments as this betterment does not serve the existing facilities and will not be used until such a time when homes are built along the street line or until the property is subdivided for dwelling purposes. A report from Mr. McSweeney states that this request is for defer- ment of a sewer betterment which was committed September 10, 1973 in the Lexington amount of $3,061.68. This is the third sewer betterment to be assessed Golf Club against the Golf Club. The first sewer betterment was assessed on Sewer November 30, 1953 and was in the amount of $2,682.16. On December 15, Betterments 1953, $372.94 of this amount was paid and the balance of $2,309.22 was deferred for three years. On March 22, 1957, another payment in the amount of $909.22 was made and the remaining balance of $1,400.00 was again deferred for three years. We can find no record of this better- ment ever being deferred after 1960 when the last known deferment expired. The second betterment was committed July 27, 1970 in the amount of $1,331.41. This figure was deferred by the Board of Selectmen on December 14, 1970 and this deferment expires December 13, 1973. Our records also indicate that the Club has three separate services that are connected; two for the Clubhouse and one for the equipment and tool shed. The betterments are summarized as follows Total amount assessed $7,075.25 Total amount paid 1,282.16 Total amount outstanding 5,793.09 trV 0 Selectmen's Meeting October 23, 1973 II It is our feeling that unless there is considerable financial hard- ship imposed by payments extended over the 20-year period, or if no possible increase in land value can be derived, the betterment should be paid. In this case, the availability of sewer definitely increases the land value and is a betterment to the property. UpOn motion duly made and seconded, it was voted to inform the Lexingtpn Golf Club that $1,400.00 is due from a deferment which ex- pired in 1960; also, deferment of $1,331.41 expires in December, 1973 and the Board will consider action on it at that time. Chairman Kenney read a report from Mr. McSweeney regarding a letter received from Mr. and Mrs. John McCarey, 357 Lincoln Street, concerning sewerage, drainage and traffic conditions in the area. McCarey The Board agreed to accept the recommendations contained in the Lincoln report and to inform Mr. and Mrs. McCarey that sewerage for Lincoln Street Street between'IBarrymeade Drive and Middle Street, which will include their home, is presently under design and the contract will be let in the Spring. Drain construction will be considered for inclusion in the 1975 FY budget. As a reSult of a citizen's petition, consideration will be given to in- clude in the budget the construction of a sidewalk on Lincoln Street from Middle Street to Marrett Road. Thje Board discussed and took under advisement a request from resi- dents of Fletcher Avenue to discontinue the blowing of the fire horn, Horn located' on the Cary Memorial Building, at 7 00 a.m. Thele Board discussed a letter received from Dr. Celia Schulhoff, teacher' at the High School, recommending that changes be made in the setup of the new parking regulations at the parking lot; the faculty High of Unit A finds it most inconvenient as it necessitates additional School walking and difficulty in transporting equipment from cars. Parking The Board agreed to inform Dr. Schulhoff that it is the recom- Lot mendatim of the Traffic Safety Committee, and the Board concurs, to allow a period of time to determine the effectiveness of the regula- tions. If experience then indicates that some changes would be advisable, and if the School Committee so requests, the Board would reconsider the situation. Chairman Kenney read a letter from Mrs. Clarke, Chairman of the Lexingtpn Commission on Suburban Responsibility, requesting that the Selectmen take immediate action by writing to Rep Cole and Senator H6661 Bartley urging them to support H6661, which authorizes local Housing Turnkey Authorities to make use of turnkey procedures on non-federally aided Housing projects. Housing can be made available to low income families and the situation would be greatly enhanced if the Authority is free to negotiate for construction under turnkey procedures rather than having to go through the competitive bidding process. Thus, we have a special interest in seeing the turnkey option made available. 286 Selectmen's Meeting October 23, 1973 Mr. Busa Regarding scattered sites, we feel that without federal aid we are proposing to put it in minus land costs, and the Housing Authority can borrow money at a lower rate of interest. This would create a rent that a person of moderate income could afford. Lexing- ton doesn't have rental property for low income people and if we can do it, all we will have will be construction costs, and all we would have to do is abate the mortgage. Mr. O'Connell I would be concerned about a Housing Authority that didn't have the technical confidence to do the negotiations. This bill says '.'non-federally" aided; there are completely new federal regulations coming out and the thrust is that there would be, in all probability, some kind of provision for housing for the elderly, and whatever we would do would have to be compatible with that policy. Mr. Kenney I agree. Now, they are looking for our help in get- ting this bill out of Ways and Means. A letter is to be written to Rep. Cole and Speaker Bartley urging their support of H6661 regarding turnkey procedures only; the Board takes no position on other provisions of the bill. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters, which if made public, might adversely affect the public Session security, the financial interests of the Town of the reputation of a person. After discussion of matters concerning a license and Town Govern- ment, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 45 p.m. A true record, Attest. Executive Clerk, Selectmen