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HomeMy WebLinkAbout1972-07-24-BOS-min 432 SELECTMEN'S MEETING July 24, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday evening, July 24, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riffin; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr. McSweeney, Director of Public Works; Mrs McCurdy, Executive Clerk, were present. Mr. Legro requested the Board to sign the amendment of the agree- ment with Alfred J. Bevington, Jr. and Mary E. Stankard which provides for the reduction of $850 from the agreed price of $23,000 because of less footage and the price was reduced correspondingly. It also pro- vides for further reduction of $370 to be held for William M. O'Keefe. The award of damages to Mr. Bevington and Mrs. Stankard is $21 ,780. Upon motion duly made and seconded, it was voted to sign the Amendment of Agreement with Alfred J. Bevington, Jr. and Mary E. Stankard "WHEREAS, by instrument dated January 16, 1971, Alfred J. Bevington, Jr. and Mary E. Standard, for consideration paid, granted to the Town of Lexington an option to purchase a parcel of land containing ten ( 10) Bevington acres, more or less, located southerly of Marrett Road in said Lexington, Stankard all as therein described; and Land WHEREAS, the Town of Lexington, acting by its Board of Selectmen, has exercised said option by instrument dated May 8, 1972; and WHEREAS, the time for the conveyance and payment of the consider- ation has been extended to July 21, 1972 by agreement of the parties dated June 23, 1972; and WHEREAS, the Owner has requested that the land to be retained by the Owner pursuant to the terms of said option be increased and the consideration for the land to be conveyed to the Town reduced propor- tionately, and WHEREAS, the record shows that the Owner has only an undivided three-fourths interest in Lot D shown on Plan 27 recorded in Middlesex South District Registry of Deeds in Plan Book 13. NOW, THEREFORE, the Town of Lexington, acting by its Board of Selectmen, and Alfred J. Bevington, Jr. and Mary E. Stankard hereby agree that there should be excepted from the land to be conveyed to the Town as described in said option a strip of rand having a width of 70 feet at its westerly end and a width of 75 feet at its easterly end and bounded northerly by the line extending from the intersection of the easterly boundary of said lot 54 with the common boundary between 43 lots 56 and 57 on said map, and that the consideration for the land to be conveyed to the Town be reduced by the amount of $850.00 therefor and that it be further reduced by the amount of $370.00 representing the value assigned for the purposes of this agreement to the one-fourth interest in Lot D held by others. Executed as a sealed instrument this 24th day of July, 1972." Mr. O'Connell informed the Board that a request will be fourth- coming from the Minuteman Regional Vocational Technical School District Regional Committee for permission to install a 30,000 gallon tank for fuel oil . Vocational Chief Spellman recommends, and I concur, that two tanks be installed Sbhool and because it is to be within the Hobbs Brook basin watershed, they Fuel should be vaulted as there is a potential water pollution risk problem. Chairman Kenney read a letter from Dr. Arnold Abrams, 456 Concord Avenue, requesting that landscaping be completed on his land as a re- sult of the sewer construction on Concord Avenue. A report from the Director of Public Works was read stating that Dr. Abrams' request is being reviewed by the Engineering Division and Complaint it is expected that an agreement will be reached with the contractor Dr. Abrams to re-grade and re-work that portion of the easement on the property. The Engineering Division has a tremendous workload with its sewer con- struction program and it appreciates the Lexington residents' incon- venience during the construction period. All we ask for is a little patience. The Board agreed to inform Dr Abrams that the Department of Public Works will contact him shortly in order to arrive at a satis- factory solution to the complaints listed in his letter. Chairman Kenney read a letter from Richard R. John, 19 Saddle Club Road, requesting that work be started as quickly as possible on the scheduled extension of a sewer line on Saddle Club Road as the water table has risen to the height of his septic System leaching Mr R. field and requires continuous pumping, and has become a health hazard. John The Board agreed to inform Mr John that engineering work on the Saddle project is underway and the project will go out for bid either late in Club the fall or early spring, and the engineering department will be in- Sewer structed to facilitate the work and get the job out for bid as soon as possible. Chairman Kenney read a petition from residents of Brent Road for connection to the Town sewer system as the plans call for the sewer to be installed this year to the corner of Brent Road and Emerson Road and to extend another 450 feet on Brent Road would complete the servite in the area. A report from the Director of Public Works was read recommending that the Board vote to include the 450 feet of Brent Road, and to trans- Brent Rd. fer the funds previously committed to Chandler Street which were deleted Sewer from the Budget at the request of the petitioner Constr Upon motion duly made and seconded, it was voted to transfer funds previously committed for Chandler Street to Brent Road for the con- structyon of an additional 450 feet of sewer lines. 434 Chairman Kenney read a letter from Martin I Small , 22 Hancock Street, registering concern about the easement through his property in connection with the new storm drain on Hancock Street. The trees are not properly located on the plan drawn by the Engineering Department and trees, plants and large bushes are affected. He would like to be informed as to what, if any, trees have to be taken in this easement and why. A report from the Director of Public Works was read stating Mr. Small that the plans that were prepared do not correctly identify some of Hancock St the trees, however, they are correctly positioned within the limits Drain of accuracy for this scale drawing It is our intention not to re- move any trees from the area and we have so directed the contractor on the drawings. it should be noted, however, that through the rights granted the Town under the existing easement, some of these trees and shrubs could be, and should be, removed without the Town sustaining damages. The Board agreed to inform Mr. Small that there is no intention of removing any trees from the area and the contractor will be ex- tremely careful; also the area will be re-seeded so that new grass will be available next spring. The Department of Public Works will contact Mr Small to discuss the particulars involved. Chairman Kenney read a letter from Mrs. Nancy Seasholes,„6 Barberry Road, requesting a loading zone at the Children' s Center at the First Baptist Church on Massachusetts Avenue. Chairman Kenney We had previously informed Rev. Peterson that Traffic the Board had accepted the recommendation of the Traffic Committee Children' s to deny the request. Center Mr. O'Connell I have two suggestions - that it might be fea- sible for them to use the driveway of the Church for delivering and picking up the children, or to use the loop in front of the Town Offices and escort the children across the street. The Board agreed to inform Mrs. Seasholes of the alternatives suggested by Mr O'Connell . Chairman Kenney read a letter from Attorney Dennis, on 'behalf Datolli of Joseph F. Datolli , 101 Cliffe Avenue, regarding unsatisfactory Hillcrest Ave. conditions on the Datolli property as a result of the widening of Widening Hillcrest Avenue. Mr. Legro This involves a matter of litigation. Upon motion duly made and seconded, it was voted to refer the matter to Town Counsel. Warrant Upon motion duly made and seconded, it was voted to sigh the Dog Officer Warrant to the Dog Officer regarding the 874 unlicensed dogs in Lexington Citizens for Chairman Kenney read a letter from the Citizens for Lexington' Lex. Conser. Conservation regarding the Wood Street Trunk Sewer presently under Wood St installation and that evidence is available indicating that the Sewer Town Engineers have been deliberately superficial in their explanation 41:35 of alterations to this area. We feel that because a Hatch Act hearing for this contract was not required, it is an example of a needlessly destructive Town project made possible because the intent of State regulations was disregarded by local officials. These are serious charges, and we ask that you give this matter your immediate atten- tion. The Board agreed to send a copy of a report from the Director of Public Works to the Citizens for Lexington Conservation. The Board discussed a letter from the Chairman of the Democratic Town Committee enclosing a list of fifteen Election Officers for 1972- 1973 stating that the list is identical with the current Democratic list except that Joseph Rooney has been replaced by L. Francis Murphy, as Mr Rooney is unacceptable to the Town Committee. Mr. Brown If the Town Committee finds him unacceptable, I ques- tion whether the Board should appoint him. Chairman Kenney He is a registered Democrat and the Town Clerk says he Is one of the best Wardens we have. We have accepted those on the list submitted by the Committee but they submitted fifteen names and we need eighteen names. Mr. Bailey It still remains that he is one of the best in Town and It is our responsibility to come up with a list Of eighteen people. Mr. Brown Did they know they had to have eighteen? Mr. Bailey That is something for them to come up with. Mr. Buse I don't understand why the Town Committee does not wish to have Mr. Rooney on the list; he has been a Democrat since he was 21 years old and has been an ardent worker. I think we should submit the list this year and if the Town Committee wishes to have him off next Election year, they should submit the entire list of eighteen, and have the Officers Board deny or approve at that time. 1972-1973 Chairman Kenney I personally feel he is qualified in the sense that he is a registered Democrat and the Town Clerk considers him to be an outstanding election warden. Mr. Brown I would say that one of the strengths of Town Boards is they aee not political and do not represent a party; to have a party say that someone is unsuitable and for us to appoint him anyway worries me because one of our strengths is we are not political and somehow we are telling a Town Committee we are going to put a man they don't want as a Democrat in this position. It worries me as a whole to see the Board of Selectmen, or another Board, make an issue of whether one is a Democrat or Republican, because we don't feel this. Mr. Bailey We are not making an issue of it. Mr. Brown We are, because we are telling the Town Committee that he should be on the list. Chairman Kenney My criteria is based on the fact that he is the best Democrat they have, and the Town Clerk submitted his name as the one she wants. He' s a Democrat and I 'm a Republican and I am not going to get involved in what kind of a Democrat he is. Upon motion duly made and seconded, it was voted to appoint the following as Election Officers for 1972-1973. Mr. Brown abstained 436 LEXINGTON ELECTION OFFICERS 1972 - 1973 Democrats publicans * Mrs. Ann M. Baum Mrs. Edna D. Anderson 4 Wright Street 21 Leonard Road Mrs. Mary C. Casey Mrs. Florence M. Downe 22 Valley Road 112 Bedford Street Mrs. Elizabeth F. Downey Mrs. Mary E. Clifford 1 Stimson Avenue 54 Chase Avenue Mrs. Mary J Ferry * Mrs. Mildred M. Cronin 50 Downing Road 14 Utica Street Mrs. Eileen J. Fradette Mrs. Iida J. Field 35 Grapevine Avenue 30 Chase Avenue * Mrs. Helen G. Garten Mrs. Ida B. Fisk 11 Fairview Avenue 10 Spencer Street * Mrs. Rita E. Kiley Mrs. Rose J. Grant 37 Wachusett Drive 16 Hillcrest Avenue Mrs. Edna F. Marshaill- Mrs. Agnes Heimlich 110 Woburn Street 796 Massachusetts Avenue Mr. Henry P. Meade Mrs. Sally S Hooper 17C Wm. Roger Greeley Village 282 Bedford Stret Mrs. Marjorie Modoono Mrs. Mary F. Irwin 285 Woburn Street 6 Grove Street * Mr. L. Francis Murphy i Mrs. Winifred E. Ivester 5 Bennett Avenue 56 Woburn Street Mrs. Mary G. Oliver Mrs. Alice G. Marshall 610 Waltham Street 9 Independence Avenue * Mrs. Maude A. O'Neill Mrs. Mary G. McCauley 6 Independence Avenue 75 Spring Street Mrs. Alice Lillian Osgood Mrs. Dolores M Swan 573 Marrett Road 24 Bedford Street Mr Randall W. Richards ** Mrs. Helen L. Perry 67 Farmcrest Avenue 16 Ellison Road Mr. Joseph 0. Rooney Mrs. Virginia M. Warner 222 Waltham Street 71 Adams Street 437 Mrs. Mary V. Spencer Mrs. Marjorie E. Wirpio 8 Cary Avenue 22 Bartlett Avenue * Mrs. Anne C. Williamson Mrs. Margaret S. Wilson 150 Grant Street 103 Meriam Street * New Appointment ** Was a Democratic Officer last year Chairman Kenney read a notice from Secretary Davoren stating that under the new provisions of Chapter 138 of the General Laws the question on alcoholic beverages which has heretofore appeared on the ballot in every city and town in the Commonwealth at every state election will Ballot no longer appear in which the voters have voted in the affirmative Liquor three times or in the negative three times since 1966, unless a peti- Questions tion for the particular subdivision of the question desired is filed with the Secretary sixty days prior to the state election. Mr. Legro As I read the legislation, these questions will not appear on the ballot after they have been voted affirmatively for 4W three consecutive elections or negatively for three consecutive elec- tions. Our special questions will continue to appear until they have been voted this way and then only if there is a petition. Chairman Kenney read a letter from the Greater Boston Chapter of the Muscular Dystrophy Association regarding the fund drive on Sunday, Muscular October 22, 1972, and whether there is a local ordinance involved. Dystrophy The Board agreed to inform the Association that it has no objec- tion to the fund drive and, according to Chief Corr, no permit is needed to solicit throughout the Town on October 22, 1972. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting on June 12, 1972, as amended to Minutes include the vote to appoint Robert Cataldo an Associate Member of the Board of Appeals; to approve the executive session minutes of June 12 and the open session minutes of June 26, 1972. The Board discussed the hearing to be held by the Board of Ap- peals on August I, on the petition of the Lexington Interfaith Corporation for the construction of six attached town-house type Interfaith dwelling units on Hickory Street and Garfield Street. Corporation Mr. McSweeney The Board will have to consider sewer and water extension on Garfield Street. Mr. Bailey I think you need a street, too The Board agreed to withhold an opinion until more information is received when Chairman Kenney, Mr Bailey and Mr. Brown attend the hearing. Chairman Kenney informed the Board that the 1972-1973 Jury List of 336 names is ready for approval . This is the first year the names Jury List were selected by computer. The list is comprised of 336 names, 670 questionnaires were sent out, of which 322 were female; and 205 are new this year 71 women were selected to serve, 14 of them having waived their exemption. 438 Mrs. Riff in One in five women was eligible and one of every two males. Upon motion duly made and seconded, it was voted to approve the 1972-1973 Jury List and to forward it to the Clerk of Courts. Chairman Kenney informed the Board that approval of the Vinebrook Manager of Vinebrook Corporation, Daniel P. Busa, has been received Liquor from the Alcoholic Beverages Control Commission License Upon motion duly made and seconded, it was voted to sign the Retail Package Goods Store License for Vinebrook Corporation, Daniel P Busa, Manager Mr Busa abstained. Mr. Busa reported to the Board on the proposed standard proce- dure for land acquisition. There is only one change in the previ- ously submitted procedure and it has been inserted " It is understood that the Chairman of the Committee involved in land acquisition, or Procedure for his designee, through proper channels, may ask for legal advice or Land Acquisi- opinion at any stage of negotiations" . This is to prevent a member tion of any committee from going directly to Town Counsel; he would have to speak to his Chairman and the Chairman would go to Town Counsel . I recommend that the Board adopt these procedures.andso notify all departments who are associated with land acquisition. Mr Bailey moved that the Board approve the procedure Upon motion duly made and seconded, it was voted to thank the Land Acquisition Committee for a timely and complete report, and to adopt the standard procedure for land acquisition and the site evalua- tion check list as follows STANDARD PROCEDURE FOR LAND ACQUISITION It is understood that the Chairman of the Committee involved in land acquisition, or his designee, through proper channels, may ask for legal advice or opinion at any stage of negotiations. A. Initiating agency (board, committee, commission) I) identifies parcel , determines that they are seriously interested in its availability. (This step may include preliminary inquiry of the landowner.) 2) begins work on evaluation form 3) requests the Board of Selectmen (possibly through the Town Manager) to form an investigating and negotiating team, consisting of one member of the initiating agency (to be named by that agency) and one member of the Selectmen or some other person named by them as their representative. 111 439 SB. Investiaatina team I) notifies the following briefly of the fact that an investiga- tion of the named parcel is being undertaken and by whom Board of Selectmen, Planning Board, Town Manager, Conservation Commission, Capital Expenditures Committee, Appropriations Committee, Recrea- tion Committee, Legal Department 2) continues work on evaluation form, including a. negotiation with landowner. b. getting local opinions of value, with the assistance of the Town Engineer. 3) completes evaluation form to a reasonable point, circulates copies to other boards (named in B. l ) . 4) after interval of at least two weeks, to allow for reaction and further information from other boards, team reports results of investigation and reactions to initiating agency. C. Initiating agency I ) votes to request Warrant article, or notifies other agencies ( listed B. I) that they are no longer interested. 2) requests Planning Board to draft article with detailed geogra- phical description. 3) requests Board of Selectmen to insert article in Warrant for Town Meeting. D. Investiaatina team I) arranges for out-of-town appraisal (if there is any lack of agreement about price). If federal funds are to be sought, ap- praisal procedures as required by that federal agency must be fo#towed. 2) arranges for final plans to be provided by Town Engineer at owner' s expense after Town Meeting, unless otherwise agreed by both team and -landowner. Agreement about plans to be in writing and signed by both parties. E. initiating aaencv I) coordinates details with other town boards concerned ' 2) requests Town Engineer to prepare transparency and maps for information meetings and Town Meeting 440 3) undertakes public education through mailings to Town Meeting Members, information meetings, newspaper publicity, other 4) collaborates with other agencies, especially Legal Depart- ment, on wording of motion. F. Town Meetino approval; funds authorized G. Investioatinc Team I) requests Town Engineer to draw final plan. 2) submits final plan to Planning Board for "Form A" endorsement. 3) submits endorsed plan to Town Counsel for recording. 4) sees that legal and financial processes are completed. 5) informs other agencies that title has passed and the acqui- sition has been completed. A land acquisition file should be established in some central but secure location such as the office of the Assessors, and the folder on each land acquisition project should be kept up to date by the investigating team throughout the above procedures. Access to this file should be limited to the officials and chairmen of agencies listed in 8. 1 ) and the Chairman of the Board of Assessors, and their designees. The above Proposed Standard Operating Procedures are of necessity flexible. As these guide lines are put into operation, some changes may be found necessary It should be noted that the need for the professional services of a person knowledgeable in land acquisition procedures was discussed, but not resolved. Those who assisted in the preparation of this proposal are Alfred S Buse, Board of Selectmen, Chairman Elizabeth M. Flynn, Appropriations Committee Angela E. Frick, Conservation Commission Howard M. Kessler, Conservation Commission Lois W. Brown, Planning Board Eric T. Clarke, Planning Board Vincent E. Hayes, Recreation Committee David Hughes, Administrative Assistant to Town Manager Enclosure Site Evaluation Check List ADOPTED by the Board of Selectmen July 24, 1972 1 441 SITE EVALUATION CHECK LIST I . GENERAL I . Assessors map , lot , area 2. Street frontage ft,. on 3. " " ft. on 4 Average lot width ft. depth ft. 5 Highest elevation lowest (Lexington base) 6. Topography level rolling steep II LEGAL 7. Owners 8. Address 9. Acquisition date price 10. Deed recorded in Book Page II . Land shown on plan by dated as lots recorded in Book Page 12. Survey or re-division necessary yes no 13. Easements purpose date Recorded in Book Page 14. Assessment land Buildings 15. Zoning number of detached homes possible 16. Land excluded from site, area h reason III . PHYSICAL 17. Soil (description, problems, source of information) 18. Open brooks or ditches 19. Is site subject to flooding 20. Water table depth (seasonal) 21 . Surface drainage good fair poor 22. Effect on adj. lands major moderate minor 23. Subsurface drain on site at site ft. away, size Drain invert % site can be served 24. Sanitary sewer on St., ft. away Sewer invert size % site can be served 25. If no sewer, what % of site considered unsuitable for on site disposal by Board of Health. Reason 26. Water supply on St ft. away, size 27. Can site be served by wells 28. Culture vegetation 29. Building and structures (describe) 44'2 30 Estimated cost of required removal of structures $ grading$ planting $ 31 . Site bounded by ( land uses and names) IV. EVALUATION 32. Purpose of acquisition 33. Opinions of value and sources 34. Price Asking $ offer $ agreed $ 35. Justification for acquisition, including supporting explanations 36. Is eminent domain taking proposed? Reasons 37. Option must be exercised by 38. Conveyance must take place on 39. Outstanding betterments Sewer as of amount to be paid by Water as of n n ," n n R.E. Taxes as of amount to be paid by Other as of " It it I " Attach plans, records of soil investigation, opinions of value or appraisals, approvals of reimbursement. AVZ 5-3-72 Upon motion duly made and seconded, it was voted to remove from the table the application submitted by John D. Brucchi , 63 Paul Revere Road, for a hackney carriage license. Chairman Kenney read a letter from Mr Brucchi containing addi- tional infdrmation regarding his application, stating that the 1972 Brucchi Lincoln Continental 5-passenger limousine would be used for funerals, Hackney weddings and private chauffering, and would be kept at 63 Paul Revere License Road, business to be done by phone only and no customers coming to his home. A letter from the Lexington Taxi Co., Inc was read, stating in part that if it is the intention of the applicant (Mr Brucchi ) to operate a taxi service, I would hope that you would consider my objec*. tion to it. The Board agreed there would be no conflict as Mr Brucchi in- tends to use his car for funerals, weddings and private chauffering. 443 Upon votedHackney motion duly made and seconded, it was to sign the Hac nay CarriageLicense Li ansa for John D Brucchi , 63 Paul Revere Road. The Board discussed a memorandum from Erik Mollo-Christensen regard- ing possible dates for a special town meeting between September 15 and Regional October 15, 1972 for the purpose of voting on proposed construction Vocational bond issue for the Minuteman Regional Vocational School . School It was agreed that Chairman Kenney is to talk with Mr. Mollo- Christensen and come back to the Board on August 7. The Board discussed redistricting and it was agreed to hold an informal hearing on August 7; a new 9-precinct map will be on display in Redis- the lobby of Town Offices on Friday, August 4, for the information of tricting Town residents. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session 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 55 p.m. A true record, Attest 1 4t i .j1VAL Executive Clerk, Selectmen I