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HomeMy WebLinkAbout1972-12-11-BOS-min 592 SELECTMEN'S MEETING December 11, 1972 A regular meeting of the Board of Selectmen was held in the Selectmen' s Meeting Room on Monday evening, December 11, 1972, at 7 30 P M. Chairman Kenney, Selectmen Bailey, BrOwn, and Busa; Mr. Cohen, Town Counsel; Mr. O'Connell , Town Manager; Mr. McSweeney, Director of Public Works/Engineering; Mrs. Mascetta, Acting Executive Clerk , were present. At 7: 30 p.m. hearing was declared open upon the peti- tion of the New England Telephone Company and Boston Edison N.E T. &T Company for the installation of Guy Wire and Anchor on pole & Boston 400/15 , Burroughs Road. Mr. McCart was present representing Edison the New England Telephone Company and Mr. Pratt, represent- Burroughs ing Boston Edison Company. Road Chairman Kenney stated that notices of the hearing were sent to the petitioners , property owners , abutters as listed on the petitioner' s plan and also filed with the Director of Public Works The following recommendation was submitted by Mr. Coscia, Manager, Public Works/Engineering The Public Works Department has reviewed this request and, due to the fact that there is no visual strain on the pole at this time , the additional guy wire is not needed, therefore , the request should be denied. Another reason for the denial is that East Street will be reconstructed during the summer of 1973 necessitating the relocation of all telephone poles on East Street. Mr McCart: I had no knowledge of this I would re- quest permission to withdraw the petition. Mr Pratt: I wish to withdraw the petition, also. Upon motion by Selectman Bailey, seconded by Selectman Busa, it was unanimously voted to accept the request by the petitioners to withdraw their petition. Mr. Stephen Politi, Chairman of the Youth Advisory Com- mittee , met with the Board seeking direction relative to the Youth procedure to follow and to state that funds are needed for Advisory the printing of a completed investigation report of the acti- Committee vities of the Committee. It is estimated that approximately $800 will be needed for the printing and distribution of this report It is the intent of the Committee to make one copy available to each household, and would like to have this ready for distribution at the same time as the Town Report Mr. O'Connell: This could come under an early 1973 ex-- penditure . )9 Selectman Busa This is my Committee and I know how tl diligently all concerned have been working. I would like g Y to suggest that we have the investigative report printed and slip it into the Town Report and have it distributed this way Chairman Kenney It is understood that the grade and quality of the paper for this report need not be of the same quality as the Town Report, keeping expenses in mind I will request that the Town Manager recommend the place- ment of this expense The Board is willing to include this in the 1973 budget Mr. Politi was directed by the Board to have the Committee complete the report and submit it to the Town Manager Mrs Eleanor H Sullivan, Assistant Town Treasurer, met with the Board to advise them that the Town has re- ceived a check in the amount of $188,624 from General Reve- nue Sharing General The Board expressed pleasure with the receipt of this Revenue money and noted that it is the intent of the Board and the Sharing Town Manager that this be directed towards expenditures Check that will aid in reducing the tax rate, certainly not to increase our mode or style of living. For example , it was indicated that it would help in necessary expenditures such as the completion of the sewer program Mr. O 'Connell presented to the Board for review a Re- quest for Transfer from the Reserve Fund by the School Department, Vocational Education Tuition/Traval Account Transfer #7960 , for the amount of $2,500 There is a current bal- of Fund ance in that account of $4, 321.55 Mr O'Connell explained School that the School Department, under State Law, must provide Depart- transportation to students that supply proof of the need for ment same in order to take advantage of courses that are pro- Account vided at County and State schools . All of this is under the #7960 direction of and determined by the School Department. Motion by Selectman Bailey, seconded by Selectman Busa and unanimously voted to authorize the Chairmanto sign the Request for Transfer from the Reserve Fund for the School Department, Vocational Education Tuition/Travel Account #7960 , in the amount of $2,500. Mr. O'Connell presented to the Board for review a Re- quest for Transfer from the Reserve Fund by the Public Transfer Works Department, Road Machinery Account #5450 , for the of Fund amount of $1,200. There is a current balance in that Public account of $927 Mr O'Connell explained that this is part Works of the $6 ,000 forecast The basic reason that we are short Account on this account this year is that in early 1972 there was #5450 major repair needed on highway equipment which caused an excessive expenditure from this account. )94 Motion by Selectman Bailey, seconded by Selectman Busa and unanimously voted to authorize the Chairman to sign the Request for Transfer from the Reserve Fund for the Public Works Department, Road Machinery Account #5450 , in the amount of $1,200 Mr. O'Connell: There is a vacancy to be filled on the Conservation Commission due to the resignation of Wendy S Conserva- Pease. I nominate Attorney Francis W K Smith, 49 North tion 'Hancock Street He was a former member of this Commission. Commission Chairman Kenney I am pleased to accept this nomina- Appt tion I am sure that he will be an asset to this Commission both as an Attorney and as a former member Motion by Selectman Brown, seconded by Selectman Busa and unanimously voted to appoint Francis W.K Smith, Attorney, to serve as a member on the Conservation Commission, effective immediately, term expiring April 1, 1974 Chairman Kenney read a request from Minister Robert L. Zoerheide of the First Parish Church for permission to hold a Candlelight Carol Sing to begin at the Church and conclude Permission at the Green. This sing will be open to anyone in the com- for use of munity and will start at 7 00 p.m and end at about 7: 30 p.m (Green Motion by Selectman Bailey, seconded by Selectman Brown and unanimously voted to grant permission for use of the Battle Green for a Candlelight Carol Sing on December 17, 1972 at approximately 7:00 p.m. subject to the rules and regulations of the Green Chairmen Kenney advised the Board that Mr Arthur Zobel Gerstenfeld, 10 Field Road, had requested that the Board Dog Com- take action to permanently restrain a dog owned by Mr plaint Hiller Zobel, 79 Robbins Road. His letter noted specific actions of the dog, Harvey Chairman Kenney reported that he had requested a report on the dog from the Board of Health and Mr. Belcastro, the Dog Officer. It is reported that the dog is on record for having bitten Peter Gerstenfeld, but that there was no physician' s report of the bite This evening Mr. Belcastro has assured the Chairman that Harvey has been removed from the Town Chairman Kenney will so advise Mr. 'Gerstenfeld. The Board reviewed a letter received from Miss Judith Complaint of Mintz, 8 Juniper Place, dated December 2 , 1972 , relative Condition at to the unsanitary condition that she observed at the dog Dog Shelter pound in August of this year. A report was submitted by the Dog Officer as requested by the Chairman. Mr . Heustis was present at the meeting and indicated that he had called Miss Mintz and discussed the situation 590 with her pointing out that this is only a dog shelter. There has been work done to improve the sanitary conditions at the shelter, and improvements made to winterize the facility Miss Mintz will be advised by the Chairman that a new facility, a dog pound, is being contemplated. The Town Mana- ger, with the assistance of the Director of Public Works, has been requested to submit an estimated cost for the new dog pound to be submitted at the next Annual Town Meeting Chairman Kenney The Board has received notice from Commissioner Metaxas, Department of Corporations and Taxa- tion, that, to comply with the provisions of Section 35 of Chapter 41 of the General Laws , faithful performance Bonds Indemnity were necessary for the Town Treasurer, Town Collector of Bonds, Taxes and the Town Clerk. Town It was moved by Selectman Bailey, seconded by Selectman officials Busa and unanimously voted to certify the 1973 amount of in- demnity bonds to comply with General Laws as follows Town Treasurer, $120 ,500 ; Town Collector of Taxes , $127 , 700 ; Town Clerk, $2 ,900. The Board reviewed the following requests for Certifi- cate of Incorporation Malcolm BarSamian 6 Allen Street "Oriental Rug Dealers Association of Massachusetts, Inc " David McGovern 2209 Massachusetts Avenue John F. Nolan 4 Grimes Road Cert. of "Design Research Unit, Inc. " Incorp. Police Chief Corr reported that his investigation shows no reason why the following should not approve these appli- cations. It was moved by Selectman Bailey, seconded by Selectman Brown and unanimously voted to certify the characters of the following who have applied for Certificates of Incorporation Malcolm Barsamian 6 Allen Street "Oriental Rug Dealers Association of Massachusetts, Inc. " To be located in Boston David McGovern 2209 Massachusetts Avenue John F. Nolan 4 Grimes Road "Design Research Unit, Inc. " To be located in Boston Mr. William Haas, General Manager of the Sheraton Lexing- ton Motor Inn, Mr. William Cody, Regional Director of Opera- Sheraton tions and Mr. John P Dunfey, President, met with the Board Motor Inn relative to the Entertainment License required under General Entertain Laws, C.140 , s .183A, a request for extension of hours on ment License 9 Sunday, December 31 , 1972, New Year's Eve, until 1 00 A.M. and a general extension of hours of operation from 11:00 P M to 1 00 A M Chairman Kenney Are there any questions from the Board relative to the Entertainment License. This license is to cover six days, Sundays excluded This license will be accompanied by a letter relative to entertainment pro- vided on Sundays by private parties. Motion by Selectman Busa, seconded by Selectman Bailey and unanimously voted to grant the Entertainment License for a fee of $5 , with a covering letter enclosed, as follows: "Entertainment to range from single performers to full or- chestra playing music in both traditional and contemporary styles 6 Day License-Sundays Excluded." It is understood that entertainment for private functions does not require a license as it is not provided by your establishment. Mr. Haas We would appreciate consideration to the ex- tension of hours on Friday and Saturday nights to midnight. Many of our guests have their meals late Our operation is so that we do not have weak days, so to speak, and we would like to satisfy the requests of our guests Mr Dunfey We are trying to provide more suitable accommodations which would involve longer hours We do want to upgrade our business I am really trying to be responsive to the demands of the guests and the townspeople Sheridan Mr Cody Our business now is so competitive . We must Motor Inn do a seven day week business to maintain consistence in our ,Extension staff In serving our guests, it is important to maintain of Hours a trained staff Chairman Kenney: If we were to grant an extension of hours, it must be understood that kitchen food services will also have to be extended. Selectman Bailey: I find conflict in what you said in your letter and word that has come back to me At this time I feel no objection to changing the present hours to mid- night on weekends Selectman Busa I would not like to see this become a hangout and a common drinking place If it is operated as it is now, I would not be against granting an extension of one hour It was moved by Selectman Bailey, seconded by Selectman Brown to grant the extension of hours to serve liquor until 12:00 midnight, seven days per week, effective January 1, 1973 with the understanding that food service be also extended to midnight It is noted by the Chairman that this is an annual license and is subject to review annually. 59"41 Motion by Selectman Bailey, seconded by Selectman Busa and unanimous- Sheridan unanimous- ly voted to grant permission to the Sheradan Lexington Motor Inn for an Motor Inn extension of hours until 1 00 A.M. , Sunday, December 31 , 1972. N.Y. 'S Eve Upon motion by Selectman Busa, seconded by Selectman Brown, it was voted to go into Executive Session for the purpose of discussing, delib- Executive erating or voting on matters which, if made public, might adversely Session 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 and resume the open meeting. Mr. E. Warren Butters, Cheirman of the Historical Society, Mr. Louis DeNapoli and Mr. Robert Cataldo met with the Board to discuss the condition of Buckman Tavern. ,Mr. Butters Just to refresh your memories, Buckman Tavern was built in 1709-10 and is a National Historical Landmark. Over the years there have been many changes and additions on the original structure. At the time that the shed was added, the Society maintained the build- ing. When it was voted that a survey be taken to study the condition of the structure,th.Board agreed to pay for same. Mr. Cataldo was, at that time, available to offer his assistance and guidance; he is still doing so. The structural condition of the Tavern presents us with a mutual problem, that is, the Society and the Town. One of our Buckman members is exploring the possibility of receiving Federal or State aid Tavern for this major renovation. Mr. DiNapoli I have a color-coded diagram prepared by Mr. Murehead that will be most helpful in explaining the problem areas. The investigation shows serious conditions in the girders and beams. It also shows an infested condition with beetles and grubs. The building is in a very serious condition. The present condition is basically due to a combination of all makeshift repair work that has been done in the past. The entire attic floor should be stripped of its contents and closed to the public. Some areas of the roof are in serious condition. Repairs in the past were done with little thought given to the complete structure. Mr. Cataldo The Committee has checked every board in the build- ing, from the foundation up. There has been approximately $12,000 spent on plans so far. The question now is, where do we go from here. The heating system needs to be replaced, complete rewiring is necessary. I recommend that you request a transfer of funds then ask for necessary money at March Town Meeting so that we could commence construction work in March until June. Major construction could then be considered to commence in October through the winter. Based on what the Board feels should be accomplished, I will advise that $10,000 is needed to draw plans just to be ready to go to bid. It is our recommendation to have Mr. Murehead be the man to do this job, restoration of buildings 4s his specific field. The next step is under your direction. Mr. Butters I need not say that the Bicentennial Celebration is approaching. I feel that it would be desirous to have as much work as 59S possible completed on the Buckman Tavern before then. The 1965 survey indicated need for repair from the floor up. Work was done and up to the second level the building is now structurally good. Mr. Cataldo If the building is not made tight this year, the prob- lems will be compounded. Very soon the building will have to be closed. Chairman Kenney The Board is very cognizant of the fact that this is a problem, and that it is top priority. We would be remiss if we did not put this before Town Meeting to request monies needed to make neces- sary repairs. The request for transfer will be prepared to be acted on at the next meeting of the Board. Mr. Cataldo: Consideration must be given to available space for storing contents of the Buckman Tavern during renovation and repair. Mr. O'Connell I will check this out and prepare the necessary re- quest for transfer of funds. Chairman Kenney read a request from Mary R. McDonough, Town Clerk, that the Board eliminate the precinct registrations prior to the Annual Precinct Town Election and that all registrations be held at the Town Clerk's Registra- office in the Town Office Building. tions it was moved by Selectman Bailey, seconded by Selectman Busa and unanimously voted to _approve the request of the Town Clerk to eliminate the precinct registrations prior to the Annual Town Election and that all registrations be held at the Town Clerk's office, in accordance with Chapter 238 of the Acts of 1967, amendment to Chapter 236. Request of Chairman Kenney advised the Board of the notice from Arthur W. , State Brownell , Commissioner of the Division of Forests and Parks, that it is Division required by General Law that Lexington appropriate $7,569 for Insect of For- Pest Control and $17,570 for Dutch Elm Disease Control. ests & The Board agreed to meet the requirement, and Mr. Brownell will be Parks so advised. Chairman Kenney read a report submitted by Mr. McSweeney, Director Sewer of Public Works/Engineering, as follows Betterment Pursuant to a letter received by the Board of Selectmen dated Deferment November 20, 1972 from Mr. Arnold L. Abrams, President, Five Fields, inc. Five requesting clarification of two points regarding their sewer abatement Fields in the Five Fields Area, I submit the following Inc. Point one Makes reference to non-profit organizations being exempt from real estate taxes. Mr. Abrams must feel that under Chapter 180 of the General Laws, Five Fields, Inc. is a non-profit organization. There are other such organizations and corporations in town that provide the same type of recreational facilities as Five Fields, Inc. and they pay their proportionate share of real estate tax, however, we would refer this question to the Board of Assessors for their opinion on this matter. Point two Makes reference to abating the amount of $300.60 for the frontage the corporation owns on Concord Avenue. This department hes to take the view of what the future potentia F of this parcel is and how it could be utilized All street frontages where sewer is made available 59 are assessed. As stated in our memorandum of October 19, 1972, this is III a buildable parcel under present zoning. Therefore, it is the feeling of this department that this property has been fairly assessed. After consideration of the details submitted by Mr McSweeney, it was moved by Selectman Bailey, seconded by Selectman Brown and unani- mously voted to defer the sewer betterment which Ls assessed on Concord Avenue in the amount of $300.60 for a period of three years, without interest. This deferment will terminate immediately if the land or any portion thereof it further developed or sold. It was moved by Selectman Busa, seconded by Selectman Brown and unanimously voted to approve the minutes of the open meetings of Minutes November 6 and 20, 1972. Chairman Kenney was pleased to report that he had met with the Board of Trustees of the Metropolitan State Hospital and that they had Metropolitan agreed to convey to the Town a portion of their land for conservation State Hosp. purposes He advised the Board that Representative Cole has filed the Land to Town necessary bill that will allow the Hospital to convey this parcel of land. The bill will be amended as necessary as more detailed informa- tion on particulars become available. The Conservation Commission will be so informed. The Board received a request from Kingston L. Howard, Chairman of the Bicentennial Committee for use of the Lincoln Street site for the erection of a tent to seat 1 ,000, air conditioned and heated, by the Ill New England Regional Opera Company for the presentation of three or four evening performances each week from May through October in 1975. Mr Cohen submitted his comments on the request as requested by the Board. The informative opinion included that legally the use of Request by the Lincoln Street site is permissible but would require a special per- Bicentennial mit under the Zoning By-Law, and parking facilities of some permanent Committee nature could raise a number of legal issues with respect to zoning, Lincoln St. use of park land, appropriations, etc. Site The Town Manager submitted a memorandum with suggestions for con- sideration. The New England Regional Opera Company should be encour- aged and offered assistance but specific commitment of the Lincoln St. site should be avoided Alternate sites should be considered that could offer better parking and better access for such a function as this Mr O'Connell also suggested that the simple way to treat all these requests would be to direct applicants to him, as many will become town- sponsored events. Operating components are to be considered; parking will be a major consideration. The Board agreed that the final determination of sites for major events be approved by the Town Manager, with the assistance of his other operating personnel Mr Howard will be advised to encourage the New England Regional Opera Company' s proposal and when the particular re- quirements are better known, they should be referred to the Town Manager in order that the most appropriate site be selected. It was moved by Selectman Brown, seconded by Selectman Bailey, and voted that the renewal of Alcoholic Beverages Licenses for 1973 be Licenses signed, as follows (Selectman Busa abstained from voting) Renewed 600 Package Goods Stores Busa Bros Liquor, Inc. 131 Massachusetts Ave. Berman' s Market, Inc. 55 Massachusetts Ave. Package Vinebrook Corp 1700 Massachusetts Ave. Goods Lexington Liquor Mart, Inc. 58 Bedford St. Stores Joseph Trani, Inc. 1775 Massachusetts Ave. Restau- Restaurant kant Lexington Enterprises, Inc. 27 Waltham St. Clubs Clubs K of C Council No 94 177 Bedford St. Lexington Order of Elks 959 Waltham St. Spring Chairman Kenney: The Board has scheduled, through the ' Street Department of Public Works , a meeting on Wednesday evening, Hearing December 13, 1972 at 7: 30 P M at Cary Hall, for the presenta- 12-13-72 tion of three design schemes for the reconstruction of Spring Street to the residents of that area. Chairman Kenney advised the Board that a response has been Street received from the Planning Board relative to their opinion about Light street light design for Fairfield and Brookwood Drives. The Style Planning Board concurs with the Design Advisory Committee 's ;Request opinion that Boston Edison's "contemporary street light is not Denied suitable for general use as a standard residential lighting fixture " Upon review of available information, it was moved by Selectman Bailey, seconded by Selectman Busa and unanimously voted to accept the recommendation of the Planning Board and the Design Advisory Committee and not grant the request for installation of Country style street lights on Fairfield Drive and Brookwood Drive At 10 08 P.M. , it was moved by Selectman Busa, seconded by Selectman Bailey and unanimously voted that this meeting be adjourned Acting Executive Clerk, Selectmen I