Loading...
HomeMy WebLinkAbout1972-04-03-BOS-min 302 SELECTMEN'S MEETING April 3, 1972 1 A regular meeting of the Board of Selectmen was held in the Seiectr men's Meeting Room, Town Office Building, on Monday evening, April 3, 1972, at 7 00 p.m. Chairman Kenney, Messrs Bailey, Buse and Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Legro informed the Board that he had reviewed and approved sewer as to form the contract awarded on March 13, 1972 to Grandview Con- :ontract tracting Inc., Roslindale, for construction of sewer laterals. Upon motion duly made and seconded, it was voted to sign the contract with Grandview Contracting Inc. for the construction of sewer laterals in the amount of $104,559.50. Mr. Michelman met with the Board to discuss scattered site pro- posals. Mr. Michelman The Planning Board has tried to gather material about the tax title lots involved. Chairman Kenney Are they supporting the Article? Mr. Michelman- Unanimously. It has been worked out jointly since December with the Planning Board. We came in with sugges- tions and they picked up on it and are carrying the ball both in the way of developing it and just how the motion ought to be formed. Chairman Kenney The question was raised as to whether or not a home buyer could live in a house and sell it after two or three years for profit. Mr. Michelman That is a question that comes up repeatedly. Scattered The developer is proposing to sell for a moderate price and it site could be kept in a low moderate range. The occupant would be as- proposal sisted by 20 percent of the low housing cost and also be credited with some additional sum representing the value of maintenance; he is responsible for maintenance. That person would become the owner, and when the balance is paid off, or when the occupant with his income could take it over, he could pay monthly mortgage costs on it, with a contingency on a 30-year mortgage. Until that time, there is a legal restriction that ha-can't sell without permission of the Housing Authority and only to a person in need of financial assistance. HUD is chipping in with some of the monthly costs and the HUD handbook for Section 235 program specified that on the occupant selection there has to be a reason to believe the occupant would not give up the house for four years, but that is in investi- gation. The question is whether you could write restricted govern- ment agency in the deed; if the occupant wants to sell out, to offer first refusal to some government agency. It is perfectly clear you can't require him to keep the house. Where is the organization around to pick up the option, who is ready and willing with available credit or capital? That is as far as our thinking has gone. 303 Mr. Busa Why would you want to take this avenue? People could buy them and pay the market price. Mr. Michelman The reason for looking for tax title arose pre- cisely for an opportunity for low income people. When we look at the regulations for low income ownership, we find that Lexington land under the market price won't make it. You have to build under $21 ,000. When proposals for subsidized housing have been before the Town, they have been turned down. Throughout that period a year ago, there has been discussion for people seeking sites for low scattered housing and low ownership for assistance families. We set about with a specific view of what could be done for an ownership program. That was the goal we set because of interest. Mr. Busa There are still people willing to pay the price and still build the house without any restrictions. We also have a ruling that tax title can be bought at a price set by the Board of Selectmen. Mr. Michelman There is a vote of 1953 on such terms and condi- tions as they deemed suitable. Mr. Legro felt it should not be below the market price. Mr. Legro There is ( I) a question of what happens to the 1953 vote that authorizes the Selectmen to sell when rights of redemption are foreclosed; a By-Law says the Board can sell to certain specified ' entities; (2) whether there is any right to sell tax title or any other property of the Town for less than fair market value to other than the Housing Authority or some government agency. I have raised these questions. The answer is to pass the vote and let ten taxpayers test it, which I don't think is the answer. It is a serious question whether the Selectmen be deprived of the vote of Article 37 of the 1953 Annual Town -Meeting. Mr. Michelman These questions have been raised before. Let' s try it and see if there is a law suit. Mr. Michelman retired from the meeting. Mr. O'Connell informed the Board that a complaint has been re- ceived from Thomas- O'Shaughnessy, Jr. , 61 Ivan Street, regarding the lighting at Denny's Restaurant on Bedford Street, which is bright and garish and is not only an annoyance, but is definitely detrimental to the neighborhood and undoubtedly has decreased the market value of residences in the immediate area. Denny's Mr. O'Connell Mr. Irwin, Building Inspector, investigated this Restau- and is to discuss it further with the manager of Denny' s. If they rant come in for additional hours of operation, it will be recommended that he bring in the changes he would make. The Board agreed. Mr. O'Connell informed the Board that the Town Clerk has been ad- Extra vised by the Secretary of State regarding the ballot. We are going to Polling have to provide substantial quantities of polling booths, and this Booths expense is an obligation of the Selectmen. 1 recommend that we have a 304 booth designed that would be reasonably economical . There would be about $400 worth of plywood involved to make the twenty booths re- quired for the six precincts, and about an equal amount for labor. I do not recommend that the Department of Public Works do it because of the heavy work schedule to get ready for April 17. To do this outside would probably cost in the order of $800 for labor and material; this probably would make it necessary to go for a transfer from E b D after Town Meeting; this is an emergency. Chairman Kenney We have enough money now and you make the arrangements. I will send a covering letter to the Appropriation Committee that we may have to ask for a transfer. Upon motion duly made and seconded, it was voted to authorize the Town Manager to make arrangements to have twenty polling booths constructed by an outside contractor. Engineer- Mr. O'Connell requested the Board to approve the annual salary ing of Engineering Aide McCrory in the amount of $6,800. He explained Salary that the amount requested had been $6,500 and it should have been $6,800. Upon motion duly made and seconded, it was voted to approve the annual salary for Engineering Aide McCrory in the amount, of $6,800. Chairman Kenney read a request from the Chamber of Commerce April 17 for an appointment of a judge of the float competition for the Parade April 17 parade. Upon motion duly made and seconded, it was voted to appoint Sanborn C. Brown a judge of the float competition for the April 17 parade. Chairman Kenney read a request from the Lexington Youth Base- ball League to conduct the annual opening baseball parade on Saturday, April 29, starting at the Muzzey Junior High, with a police escort and fire engine. Little Upon motion duly made and seconded, it was voted to grant League permission to the Lexington Youth Baseball League to conduct the Parade annual opening baseball parade on Saturday, April 29, 1972, Start- ing at the Muzzey Junior High at 130 p.m. and ending at home plate at the High School ball field at 2 00 p.m. Police Chief Corr and Fire Chief Spellman are to be notified to make arrangements to participate with a police escort and a fire engine. Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen's Meeting held on Wednesday, March 22, 1972. Highway Chairman Kenney read a report from the Traffic Committee re- Safety garding the State Highway Safety Program. In part, the report Program states that so far as Lexington is concerned, the already ongoing 305 TOPICS Program, offering. 100 percent of the cost rather than the State reimbursement of 75 percent, offers a better opportunity to undertake the needed improvements. There are, however, some locations assigned under TOPICS not likely to be improved within the next several years, if at all . Of those, the junction of Hartwel'I Avenue and Magyire Road should be given consideration for traffic improvements and it is our recommendation that this intersection be proposed to the District Highway Engineer for review and recommendations in accordance with Commissioner Campbell' s letter on the Highway Safety Program. Chairman Kenney We want to set up a meeting with Commissioner Campbell regarding the access road. We will hold this and not write to Commissioner Campbell at this time. The Board agreed. Chairman Kenney informed the Board that an application has been received from David Feathers, new owner of Brewsters Restaurant, Brewster' s 913 Waltham Street, for a Common Victualler License. Com. Vict. Upon motion duly made and seconded, it was voted to sign the License new Common Victualler License for Brewster' s, 913 Waltham Street. Chairman Kenney informed the Board that Lot 37 Rockville Avenue has been advertised for bid; one bid was received from Anthony C. Busa, owner of abutting lot 38, in the amount of $3,500, with the restriction that the lot must be combined with an existing lot . Busa Lot - Mr. Busa was recorded as not participating or voting on the Rockville matter because he is a member of the family. Avenue Chairman Kenney Article 100 of the 197© Annual Town Meet- ing authorized the Selectmen to sell this lot for a minimum of $3,500. An appraisal was received for $3,000 and Mr. BBsa bid $3,500. What is the decision of the Board? Upon motion duly made and seconded, it was voted to sell and convey lot 37 Rockville Avenue to the abutter, Anthony C. Busa, owner of Lot 38 Rockville Avenue, in the amount of $3,500, subject to the condition of sale that the lot must be combined with his existing lot and not used as a separate building lot. Mr. Busa abstained. Chairman Kenney read a request from Rev. Peterson regarding a parking problem which exists on Massachusetts Avenue in front of Parking the First Baptist Church. The Children' s Center of Lexington First operates a day care program in the building and the request is for Baptiet three or four spaces tO 'be designated as a loading zone or No Church Parking from 7 00 to 9 00 a.m. - Monday through Friday, Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Upon motion duly made and seconded, it was voted to sign the Auctioneer' s Auctioneer' s License for Ralph Cataldo, 157 East Street. License I 30G Presidential Upon motion duly made and seconded, it was voted to set the hours Primary for the Presidential Primary on Tuesday, April 25, 1972, from 7 00 a.m. to 8 00 p.m. The Board discussed the annual appointments. Board of Upon motion duly made and seconded, it was voted to reappoint Appeals Donald E. Nickerson a member of the Board of Appeals for a five year term expiring March 31 , 1977. Mr. Brown voted in the negative. The Board discussed the appointment of Associate Members of -the Associate Board of Appeals. Members Mr. Brown: We ought to have a lawyer and I would suggest the Board of name of Eric Lund. I think there should be a turnover. Appeals After discussion, the three members of the Board agreed• to the reappointment of the present Associate Members. Upon motion duly made and seconded, it was voted to reappoint the following Associate Members of the Board of Appeals for terms expiring March 31 , 1973; Mrs. Ruth Morey, Logan Clarke, Jr., George W. Emery, Woodruff M. Brodhead, Irving H. Mabee, Haskell W. Reed. Mrs. Riff in and Mr. Brown voted in the negative. Town Upon motion duly made and seconded, it was voted to reappoint Celebra- the following members of the Town Celebrations Committee for three tion Com- year terms expiring April 30, 1975 Mrs. Eleanor B. Litchfield mittee Mrs. Thelma Reed, Mrs. James F. Fenske. Upon motion duly made and seconded, it was voted to reappoint Fence the following Fence Viewers for the Town of Lexington for terms Viewers expiring March 31 , 1973; Rev. Harold T. Handley, Louis A. Zehner. Registrar Upon motion duly made and seconded, it was voted to reappoint of Voters Reed Kingston Taylor a Registrar of Voters for a three year term expiring March 31 , 1975. Gaammell Upon motion duly made and seconded, it was voted to reappoint Legacy James E. Collins a Trustee of the Gammell Legacy Income for a one Income year term expiring March 31, 1973. Standing Upon motion duly made and seconded,, it was voted to reappoint Plumbing & the following members of the Standing Plumbing and Building By-Law Bldg. By-Law Committee for three year terms expiring April 30, 1975; Carl Henry Committee Erickson and Richard W. Souza. Upon motion duly made and seconded, it was voted to reappoint Executive Eleanor M. McCurdy as Executive Clerk of the Board of Selectmen Clerk for a term expiring March 31, 1973. L • 307 Upon motion duly made and seconded, it was voted to reappoint Richard M. Perry as Comptroller for the Town of Lexington for a three Comptroller year term expiring March 31, 1975. Upon motion duly made and seconded, it was votedi,oreappoint Trustee of Gaynor K. Rutherford a Trustee of Public Trust for a six year term Public expiring March 31, 1978. Trust Upon motion duly made and seconded, it was voted to reappoint Bridge John F. Cogan, Jr a member of the Bridge Charitable Fund Committee Charitable for a three year term expiring March 31, 1975. Fund The Board agreed to hold until the next meeting the appoint- ment to the Historic District Commission and the appointments to the Drug Advisory Committee. Chairman Kenney read a letter from the Architect of the Supreme Council of the Scottish Rite Freemasonry requesting approval of the Scottish proposed relocation of the entrance on Marrett Road; a print of a Rites' site plan for the proposed: museum complex was enclosed with the Plan letter. Upon motion duly made and seconded, it was voted to refer the matter to the Traffic Committee for a recommendation. The Board took a position on the Battle Green By-Law, Article 79 (submitted by the Board of Selectmen) and Article 98 (Citizens' Battle Article). Green Mr. Kenney, Mr. Bailey and Mr. Busa were in favor of Article 79; By-Law Mrs. Riff in and Mr. Brown were not in favor of the Article. Articles Mr. Kenney, Mr. Bailey and Mr. Busa were hot in favor of Article 98; Mrs. Rift in and Mr. Brown were in favor of the Article. The Board agreed on indefinite postponement of Article 55 - Porter Porter Land. Article Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect the Session public security, the financial interests of the Town or the reputa- tion of a person. After discussion of an appointment to be made and a personnel matter, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 7 59 p.m. A true record, Attest // Executive Clerk, Selectmen