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HomeMy WebLinkAbout1972-01-17-BOS-min 209 SELECTMENt S MEETING January 17, 1972 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, January 17, 1972, at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey, Buse and Mrs. Riff in; Mr Legro, Towh Counsel ; Mr O'Connell , Town Manager, Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs McCurdy, Executive Clerk, were present. At the request of the Town, five jurors were drawn, as follows Robert T. Sheridan 21 Harbell Street Jurors Michael W. Morrison 13 Bedford Street Henry Gnade, Jr. 8 Fulton Road Robert G. Godwin 15 Normandy Road Nicholas Colette 26 Volunteer Way Chairman Cataldo read a letter from Mrs. Mary E. Rudd, 7 Tewksbury Street, stating that in the line of trees separating Greeley Village and Sargent Street, one tree is partially dead and in danger of breaking off and falling, and one smaller tree has already fallen. She suggests that the old trees be cleaned out to make room for new trees. There are some Greeley young maples and an ornamental Japanese Cherry which should not be Village touched. Trees Upon motion duly made and seconded, it was voted to request the Superintendent of Public Works to have Mr. Mazerall, Tree Warden, look at the area invovled. Chairman Cataldo read a request from Mrs. Uhrig, 15 Vinebrook Road, for parking restrictions on Vinebrook Road The residents would agree to no parking from 9 00 a.m to 5 00 p.m. on weekdays Also, Mrs. Uhrig Parking requests a meeting with the Traffic Committee to discuss this parking Vine- problem. brook Upon motion duly made and seconded, it was voted to refer the matter Road to the Traffic Committee and request that the committee set up an appoint- ment to meet with the residents of Vinebrook Road. Chairman Cataldo read a letter from the Historic Districts Commission in reply to a request from the Board for comments on Robert Lyon' s letter suggesting that the historic districts be extended to include all of Historic Massachusetts Avenue, Bedford Street, Waltham Street and Marrett Road Districts The Historic Districts Commission offers the following suggestions Comm. I . Extend the Battle Green District on Waltham Street to approxi- mately 500' beyond Marrett Road. It should be noted that the Planning Board last March approved rezoning to commercial use land on Waltham Street which adjoined but was not in the District. 21.0 2 Extend the Battle Green District to include the Massachusetts Avenue area between Hastings Park and Marrett Road. 111 3. Extend the Battle Green District on Bedford Street from Worthen Road to Revere Street and include the westerly side of Worthen Road between Bedford Street and Massachusetts Avenue. 4. Extend the East Village District to include both sides of Pleasant Street to the end of the Wilson Farm. 5. Have a study made on the feasibility of including in the East Village District that part of Massachusetts Avenue from the East Lexington R.R. station to the Arlington Line. 6 Have a study made on including within a miscellaneous historic district isolated properties, such as the Bridge houses on Marrett Road, the Fiske Houses on Hancock and East Streets, the Parker house on Spring Street, the Muzzey house on Forest Street, and such other properties as should be pro- tected against disastrous renovation, demolition or removal . Any changes in district boundaries would require an Act of the Legislature In the past the filing of such an Act has been first ap- proved by Town Meeting, and from a public relations standpoints approval by the Town first is preferable to seeking Town acceptance after enactment by the Legislature Also, I wish to emphasize that any expansion of the historic districts will result in additional' cost of administration to the Town since the Commission could not heiidle the additional areas on its present budget or without some additional voluntary personnel . After discussion, the Board agreed to appoint an advisory sub- Committee committee on Extension Upon motion duly made and seconded, it was voted to appoint an of Historic Advisory Subcommittee to consist of a representative from the Board Districts of Selectmen, Planning Board, Historic Districts Commission, Chamber of Commerce and Town Meeting Members Association, to study the pos- sible extension of historic districts in the Town, and to report back to the Board no later than November I , 1972. Chairman Cataldo read a letter from the Clerk of the City of Reimburse- Peabody stating that a bill for the cost of the Peabody census had went for been submitted to the State Treasurer and Receiver General . It is State the Clerk' s opinion that each city and town should submit a request in Census like manner Chairman Cataldo Evidently they have passed the legislation but failed to make the appropriation. We will submit our request and go on record as being in favor of the appropriation. 211 Upon motion duly made and seconded, it was voted to writeto Repre- sentative re- sentative Cole and Senator MacKenzie that it is the position of the Board of Selectmen to favor the appropriation for reimbursement to cities and towns for the costs incurred for the Decennial census. Chairman Cataldo read a request from the Airport Commuter Limou- sine Service, Inc , Framingham, for a license to pass through Lexington Permit on Route 2, to and from Logan Airport Airport Upon motion duly made and seconded, it was voted to grant and sign 'Commuter a license to the Airport Commuter Limousine Service, Inc., Framingham, Limousine to travel over Route 2, to and from Logan Airport, for a period expiring Service on December 31 , 1972 Chairman Cataldo read a request from Secretary Davoren for ap- proval of location at 9 Meriam Street regarding application for Certificate of Incorporation "Health Progress Foundation of New England, Cert of Incorporated " Incorp Chairman Cataldo The Building Inspector has approved the location as being properly zoned for business. Upon motion duly made and seconded, it was voted to approve the location at 9 Meriam Street regarding the application for Certificate of Incorporation "Health Progress Foundation of New England, Incor- porated." Chairman Cataldo informed the Board that approval has been re- ceived from the State DPW for a traffic control signal at Waltham Concord Street and Concord Avenue. Signal Chairman Cataldo informed the Board that the notice of intent re- ceived from the DNR that the Realty Development Co., Inc , 43 Middlesex Turnpike, Burlington, proposes to improve the hydraulics of Vine Brook and to relocate Vine Brook for site development, has been Hatch Act ! withdrawn and they are going to resubmit a petition and plan for Lexington and Burlington for proposed improvements The Board discussed the sidewalk betterment assessment proce- dure. Mr Kenney Since we have been discussing a change in sidewalk betterment assessments, in the event a person had a corner lot or frontage on another street, I have asked Town Counsel for an opinion Sidewalk A memorandum from Mr. Legro states that sidewalk betterments are Betterment assessed under Chapter 83, Section 26, which provides that in the Policy order for construction of a new sidewalk or the reconstruction of a sidewalk with material of more permanent character than its original construction, the board making the order may provide for the assess- ment of a reasonable amount, not exceeding one-half the cost, upon the abutting estates. Where a statute did not direct the method of apportioning the amount assessed among those liable, the board could adopt any legal way, so long as the assessment was reasonable and proportionate. 212 Under Chapter 83, Section 21, if land abuts upon more than one way, assessments for sewer based wholly or in part upon frontage shall be assessed upon the frontage upon one such way and upon so much of the frontage upon such other way as is not exempted by the board whose duty is to make the assessment; and such board may exempt from assess- ment so much of the frontage upon such other way as they consider just and equitable. There is no similar provision with respect to the assessment of betterments for sidewalks upon land abutting on more, than one way. In view of the absence of specific statutory authority for the board to exempt all or part of the frontage on the second way, a general exemption of that nature would have to be found to result in both reasonable and proportionate assessments and would have to be del. is fended as being within Section 26 which authorizes assessments "upon the abutting estates" . In my view, the better practice, in the absence of specific legislative authority, is to assess for the frontage on both sidewalks and to abate such part of the assessment laid against properties abutting on two streets as the board, on request for abatement, deter- mines to be in excess of, the special benefit resulting to the property from the construction or reconstruction of the second sidewalk. Mr. McSweeney came into the meeting. After discussion, the Board agreed to the sidewalk betterment assessment policy. Upon motion duly made and seconded, it was voted that before a final assessment is levied on a sidewalk betterment, the Board will make a determination on any lot that has a sidewalk on two sides and assess a betterment in the amount it feels the lot was bettered, still preserving the right of the property owner to file for an abatement if he is not satisfied. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on January 10, 1972. Chairman Cataldo read a notice from Commissioner Campbell .of the State Department of Public Works of a tentative grant, contin- Chap. 90 gent upon highway legislative appropriation and local action, for Grant St. - highway purposes under the provisions of Chapter 90, as follows East St. PROJECT STATE TOWN COUNTY Maintenance $ 2,000 $ 2,000 $ 2,000 East Street 29,700 14,850 14,850 Chairman Cataldo informed the. Board that Mr. Nathan Becker has withdrawn his application for the use of Cary Hall on April 7 add 8, 1972 Chairman Cataldo informed the Board that Mr. Kenney will conduct Dog a hearing on Friday, January 21 , 1972, at 8 30 a.m. regarding the com- Hearing plaint received on the dog owned by Stanley Trzaskos, 10 Augustus Road. 21 I Chairman Cataldo said that Mr Marvin Goldberg has an appointment with the Board regarding the purchase of Town-owned land for a neigh- borhood swimming pool Mr Alan Altman, 35 Saddle Club Road; Mr and Mrs Charles Chiklis and Mrs Agostino of Oak Park Circle were present Mr. Altman Mr. Goldberg is unable to be present this evening. We are neighbors of the Saddle Club and Grant Street area About 200 people in the particular area are associated in a non-profit organiza- tion to hopefully build a swimming pool in the area. Various parcels have been looked at but none of the owners seem to want to sell any land After an inspection of the Assessors' maps, it was determined there are two lots owned by the Town and an Article was submitted by the neighbors asking the Town, through the Board of Selectmen, to sell the two parcels. Mr Altman showed a map of the area and said that Parcel A has 81 ,000 sq. ft. and has access to Brookwood Road; Parcel B has 52,000 sq. ft. and has access. These parcels were deeded to the Town as part of the subdivision to satisfy the requirement for open land under the provisions for cluster zoning By one deed, the Town has received the conveyance of parcels A and B Parcel A is con- tiguous to land owned by Mr Leary, but he doesn't want to sell any- thing. Parcel B is contiguous to Town-owned conservation land. The feeling of the neighbors is the intended use not be deleterious to Saddle Club the Town; as the zoning By-Law indicates, the purpose is for conser- Area Swimming vation, outdoor and park purposes, and we hope the lot will be sold Club I for outdoor recreation. You might say the recreation facilities in the center are crowded; the pools and ball parks are crowded, and the neighbors want to do something for themselves. It is not the intention to steal any land, but for conveyance at a fair price determined by the Board for conveyance or by restrictions in the deed. We must compli- ment Town Counsel that it can be accomplished. The neighbors are not looking for a bargain but whatever the Board determines. The net result will be that it is accessible and if the Board wants to control it, we would let them. Are there any questions? Chairman Cataldo As far as I am concerned, we would encourage you to get together to set up neighborhood facilities, especially for tennis courts. Mr Chikles Parcel A would be preferred. Chairman Cataldo Can we sell this land? Mr Legro 1 haven't considered it but it ought to be consid- ered by this Board, the Planning Board, and the Board of Appeals if there is a change of ownership. There is no restriction in the deed, this was acquired under the Board of Appeals and the Planning Board for cluster zoning and, under the By-Law, for recreation and park purposes. Another question to be considered is that it is supposed to specify the manner in which it was taken. There is a limitation for a maximum of 20% of paved area to be devoted to construction. Mr. Altman I have a photostatic copy of the deed. Mr. Buss came into the meeting 214 Mr Busa For the record, this organization was in inception when Mark Moore started to develop the Ridge Estates; the same people ap- plied for a swimming pool permit and the owners offered to sell a parcel large enough to build a swimming pool , and the Board of Appeals turned them down. I believe all the neighbors who wanted to join couldn't, and parking was a problem, and a restriction of hours, and I believe this was the reason the Board of Appeals turned them down. I was one of the owners and I can't see that after a subdivider deeds this land to Lexington and then it reverts back to private ownership that there should be some restrictions on who could participate. It should be open to whomever could join Mr. Chikles Initially, we sent out a circular offering open membership and after we exhausted our membership, we included people from Burnham Farms. For future occupants for lots that hadn't been sold in that area, we would make provisions for future membership. All of the people that are living there are members, except the Johnsons who have their own pool going in. Mr Bailey Has anything been discussed with the Planning Board? Mr. Altman Yes, Mr. Goldberg did. We would hope to get inform- ation to the Board, the Planning Board and the Recreation Committee and, at Town Meeting, we would feel we had done our homework. Mr Goldberg spoke with Mr Zaleski and without attempting to make any recommendation on behalf of the Planning Board, he thought it a great idea and consistent with the zoning By-Law Chairman Cataldo Do you have a layout? Mr Chikles No; we received preliminary estimates from pool butI ders. If we had approximately 75 families, it could be a 60' x 30' with diving board; if we had 100 families, we could handle possibly a pool 80' x 40' Chairman Cataldo I assume you are asking the Board to support the Article in the Warrant? Mr Altman Yes Chairman Cataldo It is my recommendation that you talk with the Planning Board; they are implementing subdivision control. I , for one, feel this is the proper use of the land. Mr Altman We felt the Board of Selectmen was the place to start. Mr Chiklis There were two different attempts to start swim- ming pools; people were trying to build one in the Maureen Road area and not our particular neighborhood, and people on East Street thought it would bring undue traffic into the area Mr Busa When homes are sold to people and the homes back up to it, the Town is put in the position that neighbors build it and it is a congested area Mr Altman This land could have been conveyed to a trust and it is available for recreation, conservation and park purposes under the zoning By-Law. Mr Cataldo We are saying if you don't approach the situation properly, you are going to be denied; be careful of the egress and entrance Numbers mean noise and traffic problems, and to consider to what radius you will allow this. 215 Mr. Altman Both of these lots are well suited to this intended extent; there is a natural tree covering, a screening for the parcels for noise pollution and abatement for parking of the cars that would be slightly seen from the contiguous property. We have visualized where the pool and tennis courts may go and both areas are ideal and there is almost no ability to see it from the outside, and would pro- vide the optimum results by keeping things at low level . Mrs. Riff in Since these open parcels were created by cluster zoning by a reduction in the lots, we would look on a proposal more favorably if every person and the developer agrees to whatever you propose. When there is a swim meet, there are cars on the street, and that the members have joined and have agreed they would like to see the land used in this way. We would like it limited to 75 or 100 families, so we can see what the scope is. Mr. Altman The developer was approached to sell a lot and he was not open to the suggestion to sell a lot. Some in the group thought we should approach the Town to buy parcel A or B, and the de- veloper is in favor of it; he formulated it himself within the group. Mrs. Riff in I would agree if every individual in the cluster could join. Mr Chikles On-street parking would be prohibited. Chairman Cataldo How would you stop it? Mr. Chiklis It would be in our by- laws. Chairman Cataldo We would like to be apprised of your plans; if you develop a schematic we would like to see it; especially the ' traffic patterns and how you are protecting the brook, and how you are treating the area in the brook. Although we agree, we have to look at these things in everybody' s interest. Mr t4cSweeney And also consider the utilities that are avail- able. You will need sewer, water, drains and electricity. Mr Altman The sewer is there Mr. McSweeney I don't think so. Mr Altman The sewer easement has been taken, as Town Counsel can tell you Mr Legro That is the trunk sewer Are there laterals down there? Mr McSweeney In the subdivision Chairman Cataldo. We are submitting Saddle Club Road to Town Meeting this year, but the sewer is not there yet. Mr Busa I suggest you get the list of names and the people who participated in the Maureen Road pool . Mr. Chikles The people in the Maureen Road area have all been solicited. Mr. Busa If some of these names were left out, they would be the first ones to cry Mr Kenney What is the minimum square footage? Mr. Chikles 20,000 sq. ft would suffice; we had the pool and parking laid out and it was tight but it was possible. Mr Altman That is why the Board and the Town holds the key to this project 216 Mr Chikles As I said in the proposal , the Town is our last resort. Chairman Cataldo Not that I am saying we will not, under the right conditions, support the Article If you will submit a plan, we would like to see it Mr Altman agreed and the group retired from the meeting Chairman Cataldo read a letter from the Chamber of Commerce invit- ing the Board members to the annual dinner on January 26, 1972. Mr Bailey informed the Board that the residents are alarmed again on the Eldred Street-Bedford Street traffic situation. The Traffic Traffic Committee is meeting tomorrow and I would like to request them to re- Eldred St. view the situation and report back to us, and we would be obligated to Bedford St pick it up from there Upon motion duly made and seconded, it was voted to request the Traffic Committee to make the necessary arrangements for a traffic sur- vey and evaluation to see in what way the problems of the intersection at Bedford and Eldred Streets could be solved Mr Kenney mentioned the number of bills now in the Legislature. Chairman Cataldo I am planning to attend the special meeting of the Legislative Committee on January 20 and we should wait to take a position, onthe whole package. The Board agreed The Board discussed a plan of the Green and White land taking for the Woburn Street school site. Mr. Bailey asked about access. Chairman Cataldo We have agreed with Green and White that When Green & it is layed out, we will get two accesses, we have three vehicular White plus one pedestrian now, and we want the othet two. This was 'to Woburn St. give them the flexibility of a better development. School , Mrs Riff in Has Conservation reviewed this? Site Chairman Cataldo No, they reviewed it before the actual survey. Upon motion duly made and seconded, it was voted to request 'Town Counsel to draw the necessary orders of taking, based on the submitted plan, for the Green and White land for the Woburn Street school site. The Board discussed the proposal for the establishment of a Youth Commission, as submitted by the Ad Hoc Youth Commission. The Youth proposed membership was to consist of a member of the Board of Select- Commis- men, School Committee, Recreation Committee, T.M.M.A., Council of sion Congregations, Chief of Police, three teachers from L.E.A., and nine students; plus, ten from nominees received by the Board of Selectmen annually from organizations of and for young people, such as Mystic Valley Mental Center, High School P.T S.A., Re-Place, Citizens' Com- mittee for Lexington Public Schools, Attic, Hayden Recreation Center, Citizens' Committee for Lexington Youth, Lexington Drum Committee, Boy Scouts of America, Girl Scouts of America!, and 4-H Club; no more than one member to be appointed from any one organization. 1 217 Mr. Busa There are groups that are not mentined, such as the Masons Catholic Youth Organizations, and the Jewish Youth Groups. Mr. Bailey We could go for the first eighteen and tell them what our reservations are and the problems as we see them. Chairman Cataldo Before 5t was adopted, we should sit with these people and go down the list to see what the intention of the organiza- tion is and have a cross section, it won't work unless there is a cross section of people and thinking. Mr Bailey They are trying to limit the number of people involved to twenty-eight, but they are capable of making a new group not mentioned in the By-Law. The Board agreed that Mr Busa is to talk with Dr. Monderer and re- port back. Upon motion duly made and seconded, it was voted to go into Exec- utive 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 regarding' claims against the Town and an appointment with Attorney McCormack to discuss negotiations concern- ing a lot of land, it was voted to go out of Executive Session A true record, Attest ' /, xecutive Clerk, Selectmen