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HomeMy WebLinkAbout1972-01-24-BOS-min 21S SELECTMEN'S MEETING 111 January 24, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, January 24, 1972, at 7 30 p.m Chairman Cataldo, Messrs. Kenney, Bailey, Busa, and Mrs. Riff in; Mr. Legro, Town Counsel ; Mr O'Connell, Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works, Mrs McCurdy, Executive Clerk, were present. Hearing was declared open upon petition of the Boston Edison Com- pany to install one pole on Grant Street Notices of the hearing were mailed to the petitioner and abutter Pole listed on the petitioners' plan, and also filed with the Town Engineer. Grant St. Mr. Pratt, representing the Boston Edison Company, was present and informed the Board that this petition was at the request of the Town for street lights on Grant Street, this would be a new pole be- tween poles numbered 38 and 39. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following location Grant Street, northwesterly side, approximately 105 feet of Hayes Lane - one pole. Hearing was declared open upon petition; of the Boston Edison Pole Company and the New England Telephone Company for the relocation of Tarbell one pole on Tarbell Avenue. Avenue Notices of the hearing were mailed to the petitioners and own- ers of property listed on the petitioners' plan, and also filed with the Town Engineer. Mr. Pratt, representing the Boston Edison Company, was present and informed the Board that this petition was at the request of Mr. Leopoldo L Camin, 32 Tarbell Avenue, who wants to put in a driveway and would like the existing pole moved 30 feet. Mr. Camin was present and recorded in favor of the petition. No one appearing in opposition, the Chairman declared the hear- ing closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company and the New England Telephone Company for the following location Tarbell Avenue, northerly side, approximately 674 feet easterly from Taft Avenue, one pole; also, remove one pole. , 219 IIIChairman Cataldo read a petition from the Boston Edison Company and the New England Telephone Company for the relocation of three poles on Taft Avenue. Mr. McSweeney This petition is for the relocation of poles as part of the sidewalk relocation Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company and the New England Telephone Company for the following location Poles Taft Taft Avenue Relocate Pole 131/17 five (5) feet, northeasterly, Avenue one ( 1) pole, also, remove one ( I) pole. Relocate pole 131/18, five feet northwesterly, One ( 1 ) pole also, remove one ( I ) pole. Trench pole 131/20, one ( I ) foot easterly, one ( I ) pole. Upon motion duly made and seconded, it was voted to approve bonds for Deputy Collectors Paul E. Kelley and John J Furey, in the Bonds amount of $2,500 each. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration Rev. Edward Gaudette 1977 Massachusetts Avenue "Sancta Maria House, Inc." Cert. of Incorp. il Louis Menand 64 Sherburne Road "Tutoring Plus of Cambridge, Inc." Upon motion duly made and seconded, it was voted to grant the re- quest of Chief Corr to appoint the following Special Police Officers, for a period expiring March 31, 1972 Special Police Walter T Kenney, Jr 16 Dane Road Howard A Smith 16 Childs Road Chairman Catakdo read a request from Double A. Incorporated, oper- ator of a jitney service from Fitchburg and Leominster to Logan International Airport, to travel through Lexington via Route 2 with no stops Travel Upon motion duly made and seconded, it was voted to grant permis- Permit sion and issue a license to Double A Incorporated, Lancaster Road, Shirley, Massachusetts to travel through Lexington via Route 2 to Logan International Airport, no stops Chairman Cataldo read a letter from the Sheraton Lexington Motor Sheraton Inn requesting a temporary extension of hours under the Club Liquor Lex Inn License from II 00 p.m. to 100 p.m for a three months period The requests letter states that at present the business is suffering significantly hour ext 220 from the competition in nearby communities, particularly those of Burlington and Newton, where the availability to serve liquor has ," been extended to 100 a.m With an extension of our liquor license for a 100 a.m. closing, we would feel more comfortable in proposing the major expansion of 100 additional guest rooms. F Chairman Cataldo We have been requested before to extend the hours and have voted against it What is the Board' s feeling? Mr Kenney We are sympathetic with the background and the request; however, we had interpreted the vote authorizing the Town to give liquor licenses with restaurants and not to have cocktail lounges Chairman Cataldo I explained to Mr Von Londen if the Town wanted a full liquor license, the Town had the opportunity to vote it. I told him to feel free to petition the Board to vote the extension of hours, and he did We will soon be faced with Denny' s restaurant and they will want a 24-hour license; they have been in- formed that we never grant a license for 24 hours Mr Kenney It is the interpretation we have put on it and l would be inclined not to change my mind. Upon motion duly made and seconded, it was voted to deny the request of the Sheraton Lexington Motor Inn for an extension of hours under the liquor license from II 00 p.m to 100 a.m. Chairman Cataldo read a letter from Daniel A Lucas, Presi- dent of MacNeil Insurance Agency, Inc , 19 Depot Square, Lexington Insurance stating that his agency has purchased the Win S Couette Insurance Agencies Agency effective December I, 1971 , and he would appreciate it if the records indicate this in the annual ,apportionment of partici- pating agents for the Town's insurance program Mr O'Connell has received a copy of the letter and it will be so noted Mr Michelman was present at the meeting, and said that he did not wish to carry on a public discussion on the matter of the letter he had written to the Chairman regarding the Warrant Article for participation by the Housing Authority for housing for families of low or moderate income. Chairman Cataldo Any letter that comes to the Board Office is always treated as a Board matter. The Board agreed not to publicly discuss the letter Chairman Cataldo read a letter from Eugene B. Skolnikoff, Skolnikoff 3 Chandler Street, withdrawing his request for a sewer connection Sewer as such a connection is both costly to the town and to him:.and not fully necessary Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen' s meeting of January 17, 1972. 221 Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Superintendent of Public Works and sign water abatements for the following: Donald Smith 24 Harbell Avenue $ 24 26 - Wrong meter reading Raymond Pittman 32 Homestead St 35 00 - Wrong billing Water Edward Desmond 29 Centre Street 2 70 - Wrong billing Abate- H S Swartz 27 Muzzey Street 132 30 - Wrong meter reading ments G F. Zecher 22 North Street 56 49 - Wrong meter reading Tony Cataldo 41 Rindge Avenue 98 82 - Billing to wrong acct Arthur L. Cody 14 Albemarle Ave 10. 15 - Wrong billing Charles Copelotti 30 Pearl Street 2 80 - Meter read wrong James W. Flanagan 12 Charles Street 10 15 - Meter read wrong C W Little 42 Buckman Drive 7 00 - Wrong billing James Catalano) 643 Waltham Street 283 37 - Wrong meter reading Ralph M. Smith 1162 Mass Avenue 8 75 - Water off-meter out 1970 Chairman Cataldo informed the Board that an application has been received from John P Carroll Co , Inc 31 Allen Street, for a Class Ill License. We have never issued a Class III permit except in connec- tion with Class I , but they have a permit from the Board of Appeals and, Class III in order to operate, they need this permit. The Registry of Motor License Vehicles requires this as the motor numbers must be registered. Carroll Upon motion duly made and seconded, it was voted to sign the Class Ili License for John P Carroll Co., Inc , 31 Allen Street, Lexington, for the buying of second hand motor vehicles for the purpose of remodel- ing, taking apart or rebuilding the same, or the buying or selling of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicles. Chairman Cataldo read a request from the Superintendent of Public Works for an increase in overtime rate for the custodians from $4.25 per hour to $5.00 per hour. The present rate does not entitle them to time and one-half under their present salary rate schedule and, with Custodian the upcoming step raises, it would only drop them further behind Overtime The custodians are always conscientious when working a detail at Cary Increase Memorial Hall and the meetings held in the Town Office Building. After discussion, the Board agreed to the increase. Upon motion duly made and seconded, it was voted to increase the overtime rate for custodians from $4.25 per hour to $5.00 per hour, effective February I , 1972. Chairman Cataldo said that the Board had asked the Traffic Commit- tee for a report on the intersection at Bedford and Eldred Streets. Traffic It has been received and states that the Engineering Department has Bedford been requested to carry out a new traffic count and to seek whatever Eldred information may be available at a working level from the Massachusetts Streets Department of Public Works. It is our understanding that an engineering 222 evaluation of this intersection is being conducted by District 4 Engineer of the Massachusetts Department of Public Works as a result of the re- cent fatal accident We believe a copy of this report should be requested officially from the District 4 office by the Board of Selectmen The report may .be of considerable help in our studies. The Traffic Committee will report to you as soon as a traffic sur- vey is completed and evaluated Upon motion duly made and seconded, it was voted to request a copy of the report from the State DPW District Highway Engineer regarding the intersection of Bedford and Eldred Streets. Mr. Bailey informed the Board that a number of residents got to- gether with Howard Levingston and would like to have an opportunity to sit down with the Traffic Committee and representatives of the Board of Selectmen to ascertain that the Traffic Committee and this Board are aware of all their concerns Chairman Cataldo Mr. Levingston talked with me and I said that we would meet with them Let me talk with the Chairman of the Traffic Committee and set up a meeting to be held some evehigg. The Board agreed. i.i The Board discussed the request of Mrs. August Schumacher, 148 Wood Street, to purchase lots 82 and 83 in the Colonial Heights section. Schumacher The Board had previously instructed the Chairman to talk with Mrs. Lots Schumacher to see if she would accept part of these rots instead of the lots in total Mrs. Schumacher has agreed to continue the back lot line through these two lots and is willing to purchase the smaller parcel . Mrs. Riffin raised the question if the Planning Board agreed with this It was agreed to once again contact the Planning Board to see if they would agree to this approach. Chairman Cataldo discussed the Scottish Rites' home at Marrett Road and Massachusetts Avenue. Chairman Cataldo As we talked before, there was concern for the protection of the open space. I met with Mr. Maxwell , Executive Scottish Secretary of the organization, to see if they would make available and Rites guarantee to the Town that the 200 ft strip would be maintained as it Home now exists and he agreed it could be accomplished within their own framework and our framework. I also asked Mr. Maxwell what the feeling would be on cutting the corner and moving the house to the corner. Mr Maxwell said that as far as his organization was concerned, they would fight it Mrs Vetter of Lexington is anxious to move the house and is meeting with me tomorrow to discuss this. 1 44.3 CommitteeExpenditures The Appropriation and the Capital pen i E tures Committee met with the 6bard to discuss the Articles for the Warrant and the re- I III quested appropriations. Article Appropriation I To choose by ballot Town Officers Question on ballot - Beano 2 Reports of Boards and Committees 3 Cary Lecture Committee Bd of Sel . 4 Appropriations for expenditures 5 Approval of Town Treasurer to borrow money 6 Transfer of unexpended appropriation balances t© E & D 7 Raise & appropriate money to pay unpaid bills 8 Appropriate money for Reserve Fund 9 Director of Accounts of State for audit " 10 Funds for pensions for Police and Fire Depart- Pol $ 28,500 ment Fire 16,500 II Appointment of Selectman to Board of Appeals 12 Supplementary appropriations for installation or construction of water mains, sewers, drains etc 13 Street lights 14 Appraisals & Options 2,500 " 15 Westview Cemetery Development 4,000 �� 16 Curbings 5,000. 17 Drains 36,000. 18 Water mains 0. " 19 Sidewalks 50,000. 20 Sewer mains 480,000. 21 Trunk sewers 120,000. 22 Highway maintenance - Chapter 90 6,000. 23 Permanent Street Construction 0. 24 Public Works equipment 78,000. " 25 Streets - Engineering services & plans 10,000 26 Eradication of mosquitoes 9,800. Bd. of Health 27 Bd of Health - Mystic Valley Children' s Clinic 18,346 Lib. Trust. 28 Cary Library - State aid 11 ,957.25 Bd. of Sel . 29 Sewer mains - Engineering services & plans 0. 30 Reimbursing subdividers 0 31 Chapter 90 - Highway construction 60,000. M.R.V.T.S.D 32 Minuteman Regional Vocational Technical School District (Budget) 16,640. M.R.V T.S.D 33 Minuteman Regional Vocational Technical School District (Amendment #1 to the agreement) Lib. Trust. 34 Cary Library - Final plans and specifications - remodeling, additions and equipping 112,000. Bd. of Sel . 35 Plans & specifications for remodeling Fire Headquarters Building 7,500. 224 Article Appropriation Bd of Sel 36 Replacement of Fire Truck $ 57,000 37 Emergency Power - Fire Department 6,000. Town Mgr 38 Amendment Article 39 - 1966 (Radio: Cornmuni- cation) Bd of Sel . 39 Extension of Meriam Street parking lot 44,000. " 40 Authority to use Chapter 616, 678, 679 for resurfacing 50,000. " 41 Light - Concord Avenue & Waltham Street 20,000. Bicen Comm 42 Bicentennial Celebration (Budget) 10,000. " 43 Preliminary plans & specifications for museum 3,000. Recreation 44 Master Plan - Harrington Playground 1 ,500. " 45 Willards Woods - (walking & bicycling path) " 46 Master plan & water supply at "Old Res" 3,500 Bd of Sel . 47 Lincoln Street recreation area 20,000. 48 Bequest - Kay Claudine Foster ($300.) 49 Bequest - Katharine Harrington (Scholarship) 50 Gift of land - Lot 462 Banks Avenue " 51 Gift of land - Rte 2 and Hayden Avenue Conservation 52 Dr Chabot land - Waltham St (Gift) 53 Hill-Meek Property - Marrett Road (Purchase) 30,000. Bd of Sel . 54 Bevington-Stankard Land - Marrett Road (Purchase) 25,000. Conservation 55 Porter & Waymint Realty Trust Property (Lowell Street) (Purchase) 56 Pinard Land Lot 14B Map 54 (Purchase) 14,000. 57 Hamilton & Baldwin Realty Trust (Concord Ave ) (Purchase) Bd of Sel 58 Ashley & Lexington Associates Land; (Marrett Rd.) (Purchase) 25,000. Conservation 59 Ashley & Lexington Associates Land (Marrett Rd.) (Purchase) " 60 Vine Brook - Off Grant St (Easement) " 61 Munroe Brook - Maple St to Lillian Rd (Easement) 62 Authorization for state & federal aid for land acquisition 63 Additional appropriation to Conservation Fund Bd of Sel . 64 Bow St Layout - 616, 678, 679 funds 15,000. 65 Mass Avenue Layout (Central Block) 5,000. (616, 678, 679 funds) - Article 65 - 1965 .4;019.41 66 Abernathy Rd., Ingleside Rd. to end (Subdivision St Acceptance) 500.00 67 Birch Hill Lane, Lincoln St to end 68 Clyde Place, Ingleside Rd. to end 69 Conestoga Rd , Wood St. to end 70 Dudley Rd;, Goffe Rd. to Philip Rd 71 Goffe Rd., Worthen Rd. to Philip Rd. 72 Heritage Dr , Volunteer Way to Volunteer Way . L. of Set. Article Aooroeriation Dd. of Sel . 73 Ingleside Rd., Maple St to Sta 22+50 (Clyde PI .) 74 Pheasant Lane, Birch Hill Lane to end 75 Worthen Rd , Pleasant St. to Bowman School 76 Maureen Road from 400 ft. north to 250 ft. south of Maureen Rd. 77 Emerson Road from 400 ft. north to 250 ft. south of Maureen Rd. " 78 Acceptance of parcel of land off Village Circle from Village Dev Corp. " 79 Amend General By-Laws - Committee Report (Art 75) F1lanning Bd. 80 Arc. C - zoning amendment (Commercial reacreation facilities) 81 Art. R - zoning amendment (Special permit for restaurants, etc ) 82 Art. S - appropriate funds for soil & drainage studies ft It 83 Art. T - to authorize Selectmen to sell at less than fair value tax title lots 84 Art. V - zoning amendment ( land not needed for housing for JJ elderly off Waltham St ) E�}d. of Sel . 85 Void authority to convey Vine Brook land area 86 W P.C. Mass 217 abandonment of R.0 W (Easement) 87 Acceptance of Section 22D of Chap 40 (Removal of Parked Vehicles) 88 Authorization to sell surplus equipment from North Lexington Pumping Station own Mgr. 89 Data Processing Study Committee itizens 90 Bicycle paths or routes (amend General By-Laws, Article XXIV, Section 7) Citizens 91 Oak Park land to Saddle Club Pool Assoc., Inc " 92 Butterfield' s Pond - release flowage rights It 93 Amend zoning By-Law (easterly side of Bedford St ) Mark Moore 94 Gift of land for conservation purposes (Bedford St.) 95 Amend Zoning By-Law - Multi-family dwelling districts 'Concord Avenue) 96 Appropriation - 2 tennis courts at Diamond Jr High $20,000 " 97 Amend Zoning By-Law - CH-hotel , office & research park dist. to C.G. (Bedford St ) 98 Amend General By-Laws - The Battle Green 99 Approve participation by the Housing Authority (Low or moderate income housing) 100 Study Committee - Public trash Bd. of Sel.. 101 Appropriation - reduction of 1972 tax rate Mr. Furash informed the Board that the report of the Appropriations will go to the press by February 14, 1972 Mr. .Levingston informed the Board that the TMMA meetings will be held on March 1 , B and 15. The bus tour will be on March 12, and will originate at the library. Article 4 and, perhaps, the Library will be discussed on March 1. 226 Chairman Cataldo reminded Mr. Levingston that the first meeting has been scheduled at a busy time as it is the week before election day. Mr. Levingston agreed to take this into consideration and discuss it with TMMA. Chairman Cataldo informed the Appropriation Committee and the Capital Expenditures Committeetthat the requested reports on land acquisition policy had been submitted by them at a very late date. Land The Board agreed to request the Appropriation Committee and the Acquisi- Capital Expenditures Committee to designate one of their members to tion serve On the Land Acquisition Committee. A designee from the Con- servation Commission, Planning Board and Recreation CoMmittee has also been requested and, as soon as all members have been designated, a meeting will be scheduled. The Appropriation Committee. and Capital Expenditures Committee retired from the meeting Mr. Busa reported to the Board that he had met with Dr. Monderer on the proposed Youth Commission. We discussed the appointments to the Commission and came to the conclusion that ten people were to be selected out of the entire group of organizations. Letters should be sent to all organizations who are interested in youth, either those listed or not in Sect i on 2_of-the proposa i . The organizations Youth will be requested to send in one name and ten will be selected; all 111Commission will be adults, over 21 years of age. Mr. Kenney recommended that the list include the Campfire Girls, Catholic Youth Organizations, DeMolay, Raihbow Girls and Temple Youth Organizations. The Board agreed to include them and all churches in Town. A letter is to be sent to the organizations requesting that a nominee be submitted by February 14, 1972. Mr. Kenney reported to the Board on the dog hearing held on January 21, 1972 upon a written complaint received concerning two dogs owned by Stanely Trzaskos, 10 Augustus Road. Trzaskos I . Dog named McGurk It was brought out at the hearing that there Dog was a feeling that the complaint against this dog would be dropped as long as the owner agreed to abide by the Town leash law. Mr. Trzaskos agreed. The recommendation is Or no action. 2 Snoopy (deaf) a. Record indicates that there were at least three attacks and/or bites on three occasions, by this dog, the' most recent 'being on January 5, 1972 b. Nineteen neighbors signed a petition requesting the removal of this dog. I 227 c At least seven people testified against this dog. All were asked if they considered the dog vicious - if they were fear- ful . All answered in the affirmative. One person felt the dog was not a menace. I For the safety and peace of mind of the people in this neighbor- hood, and bearing in mind that the dog might attack again, the recommendation is that the Board order the removal of the dog from the Town. Chairman Cataldo asked that the Trzaskos be given an opportunity to find a home for the dog. We should give them some time with the proviso that the dog be completely restrained. Upon motion duly made and seconded, it was voted to issue an order to Mr. Stanley Trzaskos, 10 Augustine Road, stating that the dog named Snoopy must be removed from the Town within 30 days, during which time the dog should be permanently restrained. Mr. O'Connell reported that Mr. Heustis and Mr Irwin attended the hearing on Air Pollution and there is every indication that the Air Pbttu- State will go forward with the regulations The burden will be put tion on local government Upon motion duly made and seconded, it was voted to adjourn at 10.26 p.m. A true record, Attest %.,J4/1 E ecutive Clerk, Selectmen