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HomeMy WebLinkAbout1972-04-24-BOS-min 3 SELECTMEN'S MEETING Apri 124, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday evening, April 24, 1972, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse and Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works; Mr. Coscia, Manager-DPW; Mrs. McCurdy, Execu- tive Clerk, were present. Hearing was declared open upon petition of the New England Tele- phone Company and the Boston Edison Company for the location of one pole and one anchor guy on Concord Avenue. Notices of the hearing were railed to the petitioners and the owners of the property as listed on the petitioners' plan, and also filed with the Department of Public Works. Mr. Pratt, representing the Boston Edison Company, said that this petition is for a pole location to provide service for a new house on Concord Avenue. Chairman Kenney read a report from Mr. Coscia stating that his department had reviewed the plan and found the location of the pole Pole and anchor guy to be satisfactory. Location Mr. William Hamilton, owner of the property at 558 and 560 Concord Concord Avenue, was present and asked how far in the guy would go. Avenue Mr. Pratt said it would be from 8 ft. to 10 ft. Mr. Hamilton said that the driveway is 6 ft. from the pole. Mr. Pratt agreed to talk with Mr. Hamilton and take care of any problem which might arise. Mr. Hamilton was recorded in favor of the petition. No one appearing in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company and the Boston Edison Company for the following location Concord Avenue Approximately 150 feet northwesterly, from Benjamin Road, one ( 1) pole and one ( I) anchor guy on the southwesterly side. MrS.LDoI1-s B. Stone, 6 Shirley Street, met with the Board to pre- sent to the Town a framed insurance policy which covered the Town Insurance Hall in 1872. Policy Mrs. Stone I would like to present you with this policy, which 1872 was written when Edward Worthen had an insurance business. When it was sold to Robert Merriam in 1943, this policy was included. Mr. Merriam gave it to me when he retired, and I think it appropriate now to have it in the Town Hall . A policy of the Royal Insurance Company ;l2(6 of Liverpool, it states "Whereas the Town of Lexington has paid the sum of $300 to the undersigned as authorized agents of the Royal Insurance Company for insuring from loss or damage by fire the property hereinafter described, not exceeding the sum specified on each article, viz; $15,000., on the brick and slated roof, Town Hall Building situated in Lexington, Massachusetts. Payable in case of loss to the Treasurer. Other insurance permitted." Signed by Foster F. Cole, covering the period from November 22, 1872 to November 22, 3877. The Board thanked Mrs. Stone and accepted the gift of the insurance policy. Chairman Kenney read a letter from Mr. and Mrs. Howard A. LeVaux 11 Old Shade Street, regarding sewer betterments of $900 and $ 1,243.71 . The letter states that they were given the option by the Department of Public Works of having the connection from the main to our property line placed anywhere we wanted it. Naturally, we chose to have the line terminate where only the shortest connection would be required from our property line to our existing plumbing. After it was laid, however, we were informed that 75 feet of pipe would be required to bring the sewer service to our property line, and that H.A. LeVaux the charge to us would be $900. We were not told that the connection Betterment charge would be determined by the length of line required; it was our impression that the charge was a fixed amount. Thus, we were not able to choose that alternative which would have provided the lowest total cost. The Town's charge of $12 per foot is considerably higher than private estimates for connection to the Town system and it would have been much cheaper for us to have had the Town lay a shorter pipe and our private contractor lay a longer one. The $900 charge is over and above the betterment of $1,243.71 and our total charge is almost twice that of our neighbors. While we understand that being located further from the main than the other homes on the street, our cost must be somewhat higher than theirs, we nevertheless feel that a charge of almost double is certainly disproportionate. We request that you review the circumstances and trust this will result in a very considerable reduction in our overall charge. Chairman Kenney read a report from the Director of Public Works stating that Mr. LeVaux' s betterment is average for properties in this neighborhood. We have no way of knowing at the time of con- struction the rates to be charged by the service contractor and if he hit ledge or unsuitable material , his rate could easily have been double that of the Town's charge. The cost of the service for that portion within the traveled way carries the built -in additional cost for protecting the contractor from any liabilities that might be incurred from working in a way open to public travel. The Board looked at a plan of the area. Mr. Buse Would the cost of another manhole have been charged in that betterment? Mr. McSweeney No. 32.E Chairman Kenney No one else in the neighborhood even approaches one-third of Mr. LeVaux' s charge. Mr. Bailey moved that the betterment charge be reduced by one- third. Mr. Buse disagreed but recommended that Mr. McSweeney come back with the cost of what it would be for a manhole in the cul-de-sac. The Board agreed to table the matter until Mr. McSweeney reports on the cost of a manhole in the cul-de-sac. Chairman Kenney read a letter from Mr. Roland Greeley regarding the display of military equipment bivouacked on the Barnes' property on April 16 and April 17. He states it seems difficult to under- stand in view of the stand taken less than a year ago when a peaceful group found their desire to bivouac in Town most inhospitably rebuffed. National After discussion, the Board agreed to inform Mr Greeley that the Guard National Guard equipment was for display purposes and not a bivouac. Equipment The tents were for housing of their equipment and the only persons April 17 who remained overnight were two men who guarded the equipment. The Board recognized this group in a very real sense as a local one. Regarding the overall question of allowing groups to camp overnight on Town property, there is no fixed policy either for or against. These requests are handled on their individual merits regarding the nature of the group, the purpose of their camping, and where they wish to stay. II/ Chairman Kenney read a request from Mrs. Francis Russo, 62 Grass- land Street, to purchase Town-owned land abutting her property. She has aging parents who are alone and would like to purchase the lot to build them a home. A report from the Planning Director was read stating that this land is one of those shown by the Planning Board as a site suitable for scattered site subsidized housing under Article 83 of the 1972 Annual Town Meeting. Russo Chairman Kenney There is a point to bring up here. This is Request evidently one of the lots it is possible to have a scattered site unit put upon, and until something develops along these lines,; what is the policy of the Board in disposing of these lots? Mr. Busa Even though it is part of scattered sites, Mrs. Russo wants to purchase it under a previous motion. It could go out for bid and it could be sold both ways. Mrs. Riff in I am wondering if perhaps that sort of thing could be discussed at the next LCSR meeting, as Mrs. Russo describes her parents living in the home and this might meet the objective. If You want an advisory opinion only; that is what It would be, advisory only. Chairman Kenney Are we going to start checking their financial condition? Mrs. Riff in The idea was to create housing for moderate or low income people. I 328 Chairman Kenney If LCSR would address themselves to this policy, we would be happy to receive it. The Board agreed that Mrs. Russo is to be informed of the vote of Town Meeting on Article 83 and the Board intends not to sell any lots which possibly could be used for scattered site subsidized housing. Mr. Bailey suggested that Mrs. Russo could write another request to the Board if she hasn't heard within a year. It was agreed to in- clude this in the letter. Copper For the information of the Board, Chairman Kenney read a letter Piping from Attorney General Quinn enclosing a check in the amount of $27.1.56 as sixth payment on the Copper Piping settlement. Chairman Kenney read a letter from the Metropolitan Area Planning Council regarding an application from the Massachusetts Port Authority Hanscom for DOT/FAA Airport Development Aid funds to finance certain land Field acquisitions on the periphery' of Hanscom Field. This is essentially the same request which was submitted by the Massachusetts Fort Authority in May, 1971; however, three parcels have been added to the acquisition program. Mr. Bailey This is jgst for runway extension protection; they have no intention of building. The Board agreed to inform MAPC that it has no objection to the proposed plan. Chairman Kenney informed the Board that an application has been received from the Bamboo Hut, Inc;, 177 Massachusetts Avenue, for an All Alcoholic Beverages Common Victualler license. The application included the following I. Certified vote of the Board of birectors of Bamboo Hut, Inc. Bamboo Hut to appoint Winchell P.C. Woo, President of the Corporation, to sign Liquor the application for the license on behalf of the organization; certi- License Pied by Daniel G. Yee, Secretary and Treasurer of the Corp. Application 2. Vote of the Board of Directors to appoint Winchell P.C. Woe, 221 Orchard Street, Watertown, to act as the Manager. 3. Schematic plan showing the location of the proposed service bar. 4. Certified check in the amount of $2,500. Mr. Legro pointed out that the description of the premises was unclear as to what premises are involved, and the application must show that Mr. Winchell P.C. Woo signed in behalf of the Bamboo Hut, Inc. Chairman Kenney The law says they must have not less than 99 seats. They now have 86 and propose an addition of 16. Do they qualify? i e)!+ 7 94111 Mr. Legro: I will look up the statute. What is the position of the Board whether they would require the work to be done or to issue the license conditionally? Mr. O'Connell 1 recall the suitability on the plan of the in- adequacy of the seats. Chairman Kenney Suppose we made a determination that we felt they do not have the proper seating capacity for 99 people, could we make this determination before the hearing? Mr. Legro You have to advertise within 10 days. If the facil- ities do not qualify, you so notify the applicant that he could not qualify and these plans do not qualify the premises. 1 will look up the statute on that. Chairman Kenney We will address ourselves to the plan and if they qualify, we can advertise. I will talk with Mr. Legro. We will ask them to resubmit the application giving the proper descrip- tion and authorization from the Bamboo Hut, Inc. for Mr. Woo to sign them. Also., we will get reports from the Fire Inspector, Building Inspector and the Board of Health. The Board agreed. Mr. Legro said that he was informed that the time for exercise of option on the Cooke property on Massachusetts Avenue and Wood- berry Road has been extended to April 30; this is the last meeting where the Board could exercise the option. Under Article 63 of 1971 Annual Town Meeting, the property has 1.62 acres and the agreed price is $6,000. I am not sure what the status of the plan is; in December Cooke Ill I received a sketch plan that is not suitable for recording. I don't Exercise see anything with respect to a plan. You can vote to exercise-,the of Option option now and I will hold it pending resolution of the plan. Upon motion duly made and seconded, it was voted to exercise the option to purchase a parcel of land owned by Francis Judd Cooke and Maymay L. Cooke on the northerly side of Massachusetts Avenue and the easterly side of Woodberry Road, subject to the matter of a plan being resolved by Town Counsel. Mr. O'Connell informed the Board that bids have been received for the installation of traffic signals. The three low bidders Award of were W.H. Hughes, Watertown, for $ 14,315; R.W. LeBaron, Inc., Traffic Waltham, for $16,357; Morse Bros. Electrical Co., Inc. for $ 16,780. Signal He recommended that the contract be awarded to the low bidder, W.H. Contract Hughes. Upon motion duly made and seconded, it was voted to award the contract for the installation of traffic signals to W. H. Hughes, Inc., 71 Rosedale Road, Watertown, in the amount of $ 14,315. Mr. O'Connell reported to the Board on the request for permis- sion for the Hunger Walk through Lexington on Sunday, May 7, 1972. Hunger Mr. O'Connell I contacted Robyn German, coordinator for Walk Lexington-Winchester and she contacted the School Department and Permit 330 received written approval for the use of Lexington High School and Franklin School parking lots, she contacted Chief Corr and received confirmation that the route is satisfactory; a recommendation was received from Mr. Trevett, Adult Advisor to the Winchester Chapter of the Youth World Development Fund; she furnished the names of Miss Jocelyn Vyce of Bond Road as the Lexington sponsor and the Lexington Adult Advisor is Mr. Lopez, a teacher at the High School. I recommend that the Board grant permission, subject to working out further arrangements with- the Board of Health for permits for sanitary facilities for that day. Upon motion duly made and seconded, it was voted to grant per- mission to Lexington-Winchester Walk for Development for a Hunger Walk through Lexington on Sunday, May 7, 1972, subject to the conditions set forth by the Town Manager, and subject to making further arrangements with the Board of Health for permits for sani- tary facilities for that day. Mr. Coscia retired from the meeting. Mr. O'Connell informed the Board that he had received informa- tion that Under Chapter 61 of the Acts of 1972 people with contracts with the Town in the amount of $2,000 shall have their names posted Contracts with the Town Clerk. This is to go into effect on June 4, 1972. $2,000 Chairman Kenney Is this to be cumulative on an annual basis? Mr. O'Connell We are not sure of that; it says during the fiscal year. We believe when the amount reaches $2,000, we have to post it. Chairman Kenney Did the School Department get a copy of that? Mr. O'Connell I don't know; we will advise them. We will probably have to maintain an alphabetical file and when the amount reaches $2,000 the name will go on the posted list in the Clerk' s off ice. Chairman Kenney read an invitation from the Trinity Covenant Church to attend the 75th Diamond Jubilee Anniversary services Invitation during the weekend of April 28-30, 1972. Chairman Kenney hoped to attend at least one of the• services and other members of the Board would make an effort to attend. Chairman Kenney discussed Mrs. Roy Cook' s request for a pen- Mrs. Sion. She wrote to the Board in March and was asked to submit Roy Cook her financial background. It appears she could well use the Request for pension. Mr. Perry was asked about the status of this type of Pension request and he reports there are five retired police officers, two widows of police officers, three fire fighters and the widow of a fire fighter receiving pensions. Also, if approved, Mrs. Cook' s annual amount could be $2,000 because $4,700 had been appropriated for Roy Cook and there would be sufficient funds to cover a pension. Mr. Bailey It would require Town Meeting action. I 331, Mr. Legro I recall two at Town Meetings, but I am not sure all circumstances are the same. The Town accepted a statute so this could be done. I would be glad to look at my file on these two. Upon motion duly made and seconded, it was voted to support, at the next Town Meeting, the request of Mrs. Roy Cook for a pension. The Board discussed appointments to the Advisory Youth Commis- Youth sion. Commission Upon motion duly made and seconded, it was voted to appoint the following to the Advisory Youth Commission for a term expiring April 1, 1973; Board of Selectmen Alfred S. Buse Lexington School Committee John J. Maguire Chairman Recreation Committee To be submitted Police Department Paul E. Furdon Captain Town Meeting Members' Assoc. To be submitted Council of Congregations To be submitted Lexington Educational Assoc. William G. Tapply EWOW at High School (3 members) Santo Marino Principal-Muzzey Jr. High Bertrand G. Bouchard Counselor at High School Wm. Diamond Jr. High School Roger Prevot Student Council Muzzey Jr. High School To be submitted Senior High School Class of 1973 Jamie Newman 19 Blueberry Lane Kathy Kenney 10 Frost Road Alternate - Lorrain Ferguson 8 Holton Road Class of 1974 Pam Winston 18 Winchester Drive Robert Murphy 26 Estabrook Road Alternate - Virginia Comstock 136 East Street Class of 1975 Joshua Cochin 7 Partridge Road Leslie Klane 29 Winchester Drive Alternate - Steve Warshawer II Tower Road Mystic Valley Mental Catherine McGraw Staff psychiatric social Health Center worker at MVMHC actively involved with youth problems. Re-Place, Inc. Peter Clarke Director of Re-Place, Inc. Hayden Recreation Center Joseph F. Burns Dir. - Recreational Facility Town Drug Committee Dr. Charles Ellicott Involved presently with youth activities and problems Girl Scouts of America Mrs. David Hamblen Advisor to Senior Youth Fellowship - Hancock Church Boy Scouts of America To be submitted 3:2 Temple Isaiah Arthur Sharenow, Atty. Advisor - Chairman Youth Organization Youth Committee Church of Our Redeemer Mrs. Paul Beaudry Head of Episcopal Young Churchmen Sacred Heart Church Stephen W. Doran 33 Locust Avenue Rotary Club Mr. Gunther Kleeburg 46 Eastern Avenue The Board discussed the land acquisition procedure and responsi- bility. Mr. O'Connell had previously presented to the Board a copy of his recommendations stating in part that the entire process can be divided into four steps: I. The information gathering and evaluation phase when possible sites are located, described and evaluated, for suitability to meet the Town's needs. 2. The negotiationsphase when the Town attempts to arrive at a mutually agreeable plan for acquisition. Mutual agreement could •range from outright gift, purchase, conveyance as part of subdivision or eminent domain to resolve price. Failing to get agreement, the Town Land Acquisi- sometimes proceeds unilaterally via eminent domain. tion Procedure 3. Town Meeting consideration and (hopefully) approval and appropriation of funds. 4. Implementation of Town Meeting action to complete the acqui- sition. The difficulties usually emerge during steps 3 and 4 but many causes are found to• lie in steps 1 and 2. My plan consists simply of organizing the work better, assigning responsibility for each step and providing Town Meeting members with more complete informa- tion much earlier to allow more time for consideration. Summary In view of the constant criticism which has been directed at land acquisition and the lack of any specific action by the committee of agencies formed late last year, I urge that the Board of Selectmen consider this matter in time to advise thrs Town Meeting of any deci- sion it reaches concerning future land acquisition procedure. The Board agreed to refer the recommendations of the Town Manager to the Land Acquisition Committee for an opinion. I 33 3 Chairman Kenney read a letter of complaint from Thomas F. O'Shaughnessy, 61 Ivan Street, regarding violation of Zoning By-Laws by Denny' s Restaurant on Bedford Street. He claims that Zoning By- Law 28.85 was worded as it is to prevent the erection of a restau- rant as a separate building, designed and lighted for the obvious purpose of drawing the bulk of their business off the street and to Denny' s all outward appearances, and possibly in reality, having little or Restaurant nothing to do with the motel . After discussion, the, Board agreed to inform Mr. O'Shaughnessy that the enforcement of the Zoning By-Law is handled by the Building Inspector, and the matter of interpretation of the Zoning By-Law insofar as the granting of permits, is under the jurisdiction of the Board of Appeals, and not the Board of Selectmen. Chairman Kenney read a request from the New England Telephone Company for approval of the location of a manhole on Massachusetts Avenue Extension at the junction of Wood Street adjacent to existing N.E T. & T. manhole 54/88A, to be built over existing conduit. Manhole The Board agreed to hold the request pending clarification of a 9 report from Mr. Coscia of the Public Works Department. P P Chairman Kenney read a request from the Massachusetts Bar Assoc ciation to proclaim May i as Law Day USA. Proclamation Upon motion duly made and seconded, it was voted to issue the Law Day USA proclamation declaring May 1 as Law Day USA. Chairman Kenney read a request from the Burlington Board of Selectmen for a joint meeting to discuss the purchase of emergency Burlington water supplied for the coming summer. Request for The Board agreed that the Town Manager is to report back on Water next Monday with the facts supplied by Burlington and, also, to check with the Metropolitan District Commission. Chairman Kenney read a request from Brandeis Peace-Action Coalition for a March and demonstration permit from Brandeis to Raytheon on Spring Street and return. They plan to arrive at Brandeis Raytheon at 100 p.m. and depart at 5 00 p.m. on Wednesday, April Peace-Action 26, 1972, to protest their involvement in the war efforf; 300 to 400 protesters will be participating in this action. After discussion, the Board agreed that regarding the request for a demonstration permit, if by that they mean peaceable picket- ing on the sidewalk, then no permit is required. Upon motion duly made and seconded, it was unanimously voted to deny the permit for walking or parading in the street. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect Executive the public security, the financial interests of the Town or the session reputation of a person. 11 After discussion of issue of financial interest to the Town, it was voted to go out of Executive Session. 334 Chairman Kenney informed the Board that a draft of a letter had Building been sent to each member regarding a letter to be sent to the School Maintenance Committee recommending that a study be conducted under the joint Organization sponsorship of the School Committee and the Board of Selectmen to develop a plan to achieve the objective of a single building main- tenance organization. The Board agreed to send the letter to the School Committee. Mrs. Riff in informed the Board that she had been approached Precinct 2 by people in Precinct 2 to move the polls from the Adams School to Adams School the Bowman School. She had talked with the Town Clerk who felt there would be much more space in the Bowman School, but it would be up to the Board of Selectmen. The Board agreed that Town Counsel is to check the moving of the polling place for Precinct 2 from Adams School to Bowman School. Mr. O'Connell said that the Board might wish to keep in mind that at the last election there was controversy relative to the interpretation of election signs. It would help in the future to Election clarify whether it is 150 feet from any entrance which might be Signs used, or the entrance to the polling place itself. Mr. Legro I think the statute refers to the entrance to the polling place. I think it can be resolved. The Board agreed that if a particular entrance is designated, then it is 150 feet from there. 111 Upon motion duly made and seconded, it was voted to adjourn at 10.00 p.m. A true record, Attest jfrj 2/644-1°-'n" 711 Executive Clerk, Selectmen l/ i