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HomeMy WebLinkAbout1972-11-13-BOS-min {a ttige) SELECTMEN'S MEETING November 13, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday, October 24, 1972, at 7 30 p.m. Chairman Kenney, Selectmen Riffin, Bailey, Brown and Buse; Mr. Cohen, Town Counsel , Mr. O'Connell , Town Manager; Mrs. Mascetta, Acting Executive Clerk, were present. Chairman Kenney read a letter of recognition from R.G. Light, Associate Professor of Agricultural Engineering of the University of Building Massachusetts, Amherst, of the fact that Mr. Donald Irwin, Lexington' s Inspector Building Inspector, had demonstrated interest and capability in his Certificate profession. of Award Mr. Irwin was presented a Certificate of Award for participation in the Municipal Building Officials Conference, Continuing Educational Program. Congratulations were extended to Mr. Irwin by all members of the Board. Mr. Robert V. Whitman, Present Chairman of the Permanent Building Committee, Mr. Luigi DiNapoli , Mr. Otis S. Brown, Jr. and Mr. Thomas G Taylor and Mrs. Mary Lou Touart were present to advise the Board of the Completion of the Clarke Junior High School . Permanent Mr. O'Connell stated that this school was constructed in approxi- Building mately IB months with evidence of monies being left in the budgeted Committee amount. He indicated that this is one of the best jobs performed that he has seen. Selectman Bailey We seem to have a well-experienced committee but I do hope that this fine experience is not needed again, that is, for another school . Mr. Whitman 1 would like to take this occasion to extend per- sonal thanks to Drummey, Rosane, Anderson, Architects and the General Contractor, Wexler Construction Co. Inc. It was through them that a very good job was done throughout the project and they do deserve credit for this. The Board extended congratulations and thanks to all members of the committee on the fine job done on this 4} million dollar project. Mr. O'Connell discussed two requests for tansfer from the re- serve fund Account #1950, Elections-Town Clerk, in the amount of Transfer of $2,500; Account #3300, Health Department, in the amount of $2,500. Funds #1950 Mr. O'Connell In June an estimated request in the amount of Elections $3,600 for account #1950 was filed and signed by the Board. It was later agreed that this transfer be held. As it turned out, the elec- tion expenses did not amount to as much as had been previously estimated. The present need in this account is $2,500 to cover ex- penses of election workers and school custodians for the Presidential Primary. The present balance in this account is $1 , 176.63. 1 554 It was moved by Selectman Bailey, seconded by Selectman Busa and unanimously voted to approve the request for transfer from the reserve fund to Account #1950, Elections-Town Clerk, in the amount of $2,500. Mr. O'Connell The request for transfer of funds in the amount of $2,500 for Account #3300, Health Depattment, is to cover expenses Transfer of for TB patients at Middlesex County Sanatorium in accordance with Funds 03300 the General Laws. There is $1000 allowed in the Health Department Health Dept. budget for TB patients which allows 40 days patient care at $25 per day. This year there will be 179 days of patient care making a total expense of $4,475. Insurance credit of $642.50 has been credited to this account. It was moved by Selectman Busa, seconded by Selectman Brown` and unanimously voted to approve the request for transfer from the re- serve fund to Account #3300, Health Department, in the amount of $2,500. Mr. O'Connell requested that the Board approve and accept the Engineering proposal of J.W. Moore for engineering design survey, not to exceed Design Survey the amount of $6,000 which will be taken from Article 25 of the 1972 Fern, Grass- Annual Town Meeting. land, It was moved by Selectman Bailey, seconded by Selectman Busa and Holland unanimously voted to accept the proposal of J.W. Moore to prepare the Streets necessary engineering design survey of Grassland Street, Fern Street and Holland Street, as requested by the Town Manager. Mr O'Connell reported that the building located at 1162 Massa- 1162 Mass Ave. chusetts Avenue suffered severe damage by fire recently. The Betiding Fire Damage Inspector has inspected the building and declared it to be in danger- ous and unsafe condition and that it should be taken down. Mr. Irwin has issued the necessary notice that the structure be razed. Mean- while, as a safety precaution, the building has been boarded closed. Chairman Kenney read• the letter received from 5.0. Harris, Secretary of the'Greater Lowell Fly Fishers relative to the plight Shawsheen of the Shawsheen River, specifically, the adverse effect that the River Lexington Town dump, in the Tophet swamp area, has on the Shawsheen River. The Board agreed to refer the matter to the Public Works Depart- ment for study and requested that a report be submitted to the Board. Mr. Harris to be so advised. The Board reviewed the request for Certificate of Incorporation to be known as "LaTienda Sister City Store, Inc." to be located at Cert of II Depot- Square, Lexington. lncorp. Police Chief Corr indicated that his investigation shows no reason why the Board should not approve this application. It was moved by Selectman Brown, seconded by Selectman Busa and unanimously voted to certify the characters of the following who have applied for Certificate of Incorporation under the name of "LaTteihfla Sister City Store, Inc." eJ i Gabriel Baker 2 Linmore Terr. Albertine D. Valencia 124 Concord Ave, Hester D. Sperduto 8 Diana Lane Alan G. Adams 15 Somerset Rd. Evelyn P. Gately 8 Graham Road Truman A. B �orklund 10 Carmel Cir. All residents of Lexington, Massachusetts Upon motion duly made and seconded, it was unanimously voted to remove from the table the request from Secretary Davoren relative to the approval of 7 Carnegie Place, Lexington, as a mailing address of Minuteman Feline Fanciers, Inc , doing business in the Town of Canton, Massachusetts, as filed under Chapter 18, General Laws. The Board had questioned if the Zoning By-Law would permit this action. Town Counsel has submitted his opinion as stated in G.L. c. 180 Mail Drop s.4 that the receipt of mail at a residential location would not vio- 7 Carnegie late the Zoning By-Law, as long as the business activity of the Place corporation is carried on elsewhere. In this specific case, the transaction of business is in the Town of Canton, as recorded with the State It was moved by Selectman Bailey, seconded by Selectman Riff in and unanimously n i sly voted to approve the request of Minuteman Feline Fanciers, Inc.1mto use the address of 7 Carnegie Place, Lexington, as a mailing address only. Selectman Brown I would like to take this opportunity to can- pliment Mr. Cohen on his clear definitions of the General Laws Iwherever it is applicable in his opinions and rulings. The Board reviewed the list of residents to receive sewer better- ments assessment on Banks Avenue Sewer It was moved by Selectman Bailey, seconded by Selectman Busa and Betterment unanimously voted to approve sewer betterment assessments as follows Assessment Banks Ave. lot NO. Area Assessment Catherine J. Coughlin L.C. I None P.A. 20 Carville Avenue Carville Ave James A. L Roberta J. Cochran L.C. 2 5400 5387.29 10. Banks Avenue sq. ft. Joseph G. & Bernice E Potzka 448-449 10800 774.57 14 Banks Avenue 450-451 sq. ft. Ernest E. 4 Doris L. Avallone 474-475 None P.A. 26 Carville Avenue 476 Carville Ave. Robert C. 4 Glenna J. King 471-472 8100 580.93 9 Banks Avenue 473 sq. ft William F. L Carol A. Ahern Pt 468 5805 416.33 15 Banks Avenue 469-470 sq. ft 556 Lot No. Area Assessment Regina A. Hubbell, Nellie A. Ingham, (L.C.) 5400 $387.29 Clara A. Bauer, Walter J. Scott, 460-461 sq. ft. John F. Ferrick, Exor. 33 Banks Avenue It was moved by Selectman Brown, seconded by Selectman Bailey and Sewer unanimously voted to approve the abatement of sewer betterment assess- Abatement ment as follows Assessment Regina A. Hubbell , Nellie A. Ingham, Clara A. Bauer, Walter J. Banks Ave. Scott, John F. Ferrick, Exor., 33 Banks Avenue, )8216 (L.C.) 460,461 committed November 13, 1972 in the amount of $387.29 for the reason that the sewer does not extend to service this lot. It was moved by Selectman Busa, seconded by Selectman Bailey- and unanimously voted to remove from the table the request of Arthur N. Landry, Jr. , 5 Minuteman Lane, for sewer betterment abatement. Chairman Kenney noted that the Board of Appeals' permit for vari- ance read as follows "Arthur N. Landry, Jr. to build a house on Lot 145, which has an area of 90, 187 sq. ft and which is located between numbers 3 and 5 Minuteman Lane, with a 40 ft. frontage instead of the required 150 feet subject to the following conditions I One residence only would be built on the approximately 90,000 sq. ft. and the present barn would be maintained and used by the owners for horses. 2. Services including sewer would be run up the 40 ft. drive- Sewer way, underground, between the street and the main part of Betterment the property." Deferment 5 Minuteman Chairman Kenney referred to the report submitted by the Director Lane of Public Works/Engineering which clearly answered the questions asked by Mr. Landry. Chairman Kenney I feel that it has been made pretty clear that, at this time, it is the intent of Mr. Landry to build only one house on the lot adjacent to his lot #16. Mr. Landry, upon applying for a building permit, has been informed by the town engineer that there would be a betterment due in the amount of $1,772.62 on the lot on which he intends to build Mr. Landry stated his reasons for request' ing that the Board review the manner in which the computation for this assessment was made. The Board reviewed all reports and correspondence on the matter. Selectman Bailey I would like to suggest that we might defer the amount of $1 ,000 of the $1,772.62, but if there is any change in that lot, if it is sold or undergoes any other changes, then the deferment of the $1 ,000 will terminate. 55 ` It was moved by Selectman Bailey, seconded by Selectman Brown and unanimously voted that the Board defer the amount of $1 ,000 for lot 145 shown on Assessors map #50 at 5 Minuteman Lane, owned by Arthur N. Landry, Jr. and Marjorie H. Landry, until said land or any part thereof is sub-divided, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold. It was moved by Selectman Buse, seconded by Selectman Brown and unanimously voted to approve the minutes of the open meeting of Minutes October 24, 1972. It was moved by Selectman Bailey, seconded by Selectman Buse and unanimously voted to authorize the Chairman to sign the Liquor Identi- Liquor I .D. fication Card for Beth Ellen Mitchell , I Bedford Street, Lexington., Chairman Kenney read letters received from Donald Q. Bunker, II Liberty Avenue and David A. Boyd, 37 Liberty Avenue, relative to Traffic the dangerous traffic conditions that exist in that area. Liberty The Board agreed that copies of these letters be referred to Avenue the Director of Public Works with a request for a report on the traffic situation. The Board received a request asking that the Town of Lexington join-with surrounding Towns to act as a "clearing house" to effect some changes on the final report of the Boston Transportation Planning B.T.P.R. Review. Lexington is very interested in joining forces with surrounding communities. Selectman Brown will attend a meeting to be held on Friday, November 17, as representative of the Lexington Board. Representative Lincoln P. Cole appeared before the Board briefly to 'advise that the deadline for filing any issues for Legislature is Representa- December I , 1972. He will be happy to assist in any way should the tive Board have any items for legislation. L.P. Cole The Board thanked Representative Cole and will contact him, if necessary, before December 1st Chairman Kenney read a request from three retired teacherstof the Lexington School System as follows "The last session of the Great and General Court of Massachu- Request/ setts passed Bill Number H-6157, Chapter 763, permitting Death Bene- local legislative bodies to restore to retired municipal em- fit Policy ployees the $2000 death benefit policy. As retired teachers of Lexington, we are eager to have this benefit restored. We would appreciate your acting favorably on this measure" . ' Signed Mary B. Buckley, 66 Main Street, Stoneham;. Amy A. Campbell , 46 Thompson Lane, Milton; Norman E. Brute, 57 Chan- ning Road, Belmont 558 The Board feels that recommendation should be received from Mr. Perry, Comptroller, and Mr. Cohen, Town Counsel . It was moved by Selectman Bailey, seconded by Selectman Riff in and unanimously voted to refer this letter to the Town Manager that he request the recommendation and opinion of Mr. Perry and Mr. Cohen. With reference to a previous request received by the Board Regulations relative to regulations covering entertainment in establishments of Entertain- licensed to serve liquor, the following was submitted by Town Counsel ment Liquor Licensed "G.L c. 140, s. I83A...No innholder, common victualler or person Establish- owning, managing or controlling a cafe, restaurant, or other ments eating or drinking establishment shall , as part of his usual business, offer to view, set up, set on foot, maintain or carry on a concert, dance, exhibition, cabaret or public show of any ddescription at which food or drink or other refreshment is sold for cash, or in connection with which, after free admis- sion, music or other amusement is provided or furnished upon payment or deposit of money, either as a cover charge or in payment for food, drink, or other refreshment, unless and un- til a license therefor, to be exercised on weekdays only, has been issued by the licensing authorities, (the Board of Select- men in Lexington, see G.L. c 140, s. 1 ) who may upon written application and upon such terms and conditions as they may prescribe, grant such a license for any or all of the purposes hereinbefore described and may, after written notice to the licensee, suspend or, after hearing revoke the same. Licenses granted under this section shall specify the street and number where the licensed business is to be carried on or give some particular description thereof, and shall not protect a licensee who carries on his business in another place. Such licenses, unless sooner revoked, shall expire on December thirty-first of each year. The fee for any such license or for any renewal thereof shall not exceed five dollars, but no fee shall be chargeable for any such license to a person who, for the period covered by such license, Is also licensed under section two " Chairman Kenney advised that the present holders of Innholder's Liquor Licenses shall be notified of the above regulation. It was moved by Selectman Busa, seconded by Selectman Brown and unanimously voted to sign the Orders for Construction of Sewer as Sewer Constr. follows Concord Ave. York St. Concord Avenue, from Waltham Street a distance of 400 feet, more or less, easterly. York Street, from Woodland Toad a distance of 120 feet westerly and from Woodland Road a distance of 300 feet 111 easterly. 559 At 8 20 p.m. it was moved by Selectman Bailey, seconded by Select- man Busa and unanimously voted to go into Executive Session for the purpose of discussing deliberating or voting on matters which, if made public, might adversely affect the public security, the financial Executive interests of the Town or the reputation of a person. Session After discussion of matters of financial interest to the Town, at 8 35 p.m. it was moved by Selectman Busa, seconded by Selectman Bailey and unanimously voted to go out of Executive Session. Upon motion duly made and seconded, it was unanimously voted to adjourn at 8 35 p.m. J-111)tc,,L,„ I Acting Executive Clerk, Selectmen I