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HomeMy WebLinkAbout1972-01-10-BOS-min 200 SELECTMEN'S MEETING January 10, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, January 40, 1972, at 7 30 p.m Chairman Cataldo, Messrs. Kenney, Bailey and Buse, and Mrs. Rift in; Mr Legro, Town Counsel; Mr O'Connell, Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs. McCurdy, Executive Clerk, were present Chairman Cataldo asked that the record show that the dedication of the New Town Office Building was held on Sunday, January 9, 1972. He extended the thanks of the Board of Selectmen to the Town Office Build- ing Committee for the job done in presenting this building to the Town. New Town We acknowledge our thanks for the four paintings done by Mr. Philip Office Parsons, which were underwritten by the Depositors Trust Company, and Building the painting donated to the Town by Mrs Aiden Ripley. Also, our thanks to Mr and Mrs Arthur Maranian, 17 Cooke Road, for the Minute Man etched in copper, which now hangs in the lobby of the Town Office Building, Mr and Mrs Nishan Haroian, 353 Concord Avenue for the beau- tiful plant, and the Lexington Trust Company for the flowers, which were presented to the Board of Selectmen. The gift of the Boston Rocking Chair, with the Town seal , from Mr and Mrs Allan Kenney will become part of the furnishings of the office of the Chairman of the Board of Selectmen. Upon motion duly made and seconded, it was voted to accept, with sincere thanks the above mentioned gifts. At the request of the Town Clerk, four jurors were drawn as follows Jurors Murray L Ehrenberg 18 Homestead Street George C Cusiter 26 Oxbow Road James P. Pitarys 114 Burlington Street Thaddeus W Szalajeski 3 Myrna Road Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain conduit on Hartwell Avenue, at the junction of Maguire Road, and Wood Street, Westerly from Hartwell Hartwell Avenue Avenue Notices of the hearing were mailed to the petitioner and owners Conduit of the property as listed on the petitioner' s plan, and also filed with the Town Engineer Mr Dunn, representing the New England Telephone Company, was present and said that they have underground feeder cable operating at high fill and the conduit is necessary for future service for Hanscom Field and the southwest section of Hartwell Avenue for business There would be 4310 ft of conduit and 6 manholes, and we would be crossing once and going all the way to the Air Base The reason for the crossing is because there is water and gas in there now. Chairman Cataldo Does the Board have questions on the conduit? No member of the Board had a question Mr McSweeney Plans should be worked out as to a definite loca- tion Chairman Cataldo Does any one have questions on the petition as far as the location of conduit is concerned? Hearing none, the Chairman read a report from the Town Engineer, as follows The Engineering Department has reviewed the proposed telephone conduit for Hartwell Avenue and recommends, before any permit is issued, that it be subject to the approval of the following A. Plan I Plan does not show existing water 2.. Plan does not show existing sewer 3 Proposed location between Station 10+0 to Station 13+0 could conflict with existing trunk sewer 4 Proposed crossing at Station 28+40 may conflict with existing Engineering trunk sewer. Department 5 Proposed location between station 51+0 and Station 54+0 may Report conflict with both sewer and water 6. Plan does not show construction method or depth of conduit at tall major drain crossings - the most important being at Kiln Brook. B. Permit Conditions I Working hours - 9 00 a.m. to 3 30 p.m. This condition is a must - it will not be altered. Noon time traffic may be a problem. If needed, the Town re- serves the rfight to change the working hours. 2. Trench to be well lit at night. 3. Police. 4. Loam and seed. 5 Bituminous concrete patch (as per permit) 6. After completion of bituminous concrete patch, the telephone Company will seal all trenches with a } inch stone chip seal . Recommended Method } treated stone - 30 lbs. per square yard. 85/100 asphalt - 3/10 of a gallon per square yard. Stone to be rolled 7. Berm - if berm is damaged, Town will determine linear feet of berm to be replaced. Chairman Cataldo to Mr. McSweeney If the Board sees fit to grant this permit, you are recommending it be granted subject to these speci- fications? 202 Mr. McSweeney Yes, to be shown on the plan and on the premises. Chairman Cataldo Is anyone present in favor of this petition? Lt Saucier of the Communications Squadron at Hanscom Field was present and said that the Air Force is indeed planning a project to coincide with the Telephone Company project and there is a need to expand the facilities. As Mr Dunn had indicated, the existing cable is nearly entirely exhausted and Hanscom is to come up with a proposal to meet the Telephone Company. They will be needing relief in terms of off-base requirements. The immediacy is to be determined, but there is a most definite need Chairman Cataldo asked if any one present was in opposition. No one was present in opposition Chairman Cataldo The Board will take the matter under advise- ment. Later on in the meeting, the Board agreed that once the dondi- tions set forth by the Town Engineer have been satisfactorily met, the Board would then consider granting permission to the Telephone Company to lay conduit in Hartwell Avenue. The Telephone Company is to be advised to contact the Town Engineer to resolve the matter, and the Board would then make a decision. Chairman Cataldo read a request from the New England Telephone Hartwell Company for a "Leave to Withdraw" the petition dated June 14, 1971 to Avenue install fourteen poles located on the northwesterly side, 185 ft Pole Position northwesterly from Maguire Road Withdrawn Upon motion duly made and seconded, it was voted to grant the request of the New England Telephone Company for "Leave to Withdraw" the petition dated June 14, 1971 to install fourteen poles located on the northwesterly side, 185 ft. northwesterly from Maguire Road. Mr. O'Connell informed the Board that the Department of Public Works Union representatives, James H. Graham, President and James M. McLaughlin, Secretary, are present this evening We are ready to recommend that the Board sign the 1971 contract with Local 11703. DPW Union The Union has indicated they are in agreement to sign and the con- Contract tract has been signed by John H Danielson, Business Agent, indicating acceptance at Council level Mr McLaughlin has executed the form and it will be signed by Mr Graham. Upon motion duly made and seconded, it was voted to sign the contract between the Town of Lexington and the American Federation of State, County and Municipal Employees, AFL-C10, Local #1703, State Council #41 . Mr O'Connell informed the Board that Mr Heustis has summarized the key points which the State has had under consideration on air Air pollution. A hearing will be held on Friday morning in Boston. The Pollution Board does not have to take action now, but the Town should have an observer at the meeting. Most of the features affecting Lexington have to do with calling for additional control equipment procedures 203 to reduce the pollution of air by better control of combustion. The intent is to limit the use of fuel oil to larger plants. This is another step in the gradual tightening of air contamination. Chairman Cataldo Under the regulations of Public Health, I can see itequally as useful to our Building Inspector. The Town should n9 P be represented and the Building Inspector should also attend:the meet- ing. Mr O'Connell agreed to make the arrangements. Cha i rmafr Catai.do reeld a request from the Boston Edi son Company to sign an agreement to run and maintain its wires over and across Town land at 463,489 Massachusetts Avenue. Chairman Cataldo to Mr McSweeney This is to service the Cummings' property. You say this meets with your approval . Do we Boston have the right to give a permit across that cemetery? According to Edison the plan, there is a pole already there Request Mr McSweeney There is a previous crossing there, too. 463 Mass Mr. Kenney That is not a Town cemetery? Avenue Chairman Cataldo Not as I understand it. I question whether we have the right to grant permission Mr. Legro I don't know of any authority of the Town to grant permission to use private land. If you give me the background, I would be glad to review it. Mr McSweeney is to get the necessary information for Mr Legro. Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses for Hancock Market, 6 North Hancock Street, Common Pine Meadow Country Club, Cedar Street Both have been approved by Victualler the Board of Health Licenses Upon motion duly made and seconded, it was voted to sign the Class 1 Automobile License for Lawless Mawhinney Motors, Inc , Class I 581 Marrett Road Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of incor- poration Cert of Incopp Ernest Tavilla, Virginia TAvilla, 9 John Poulter Road "Freedom Light, Inc " Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings held on December 27, 1971 and Minutes January 3, 1972 Chairman Cataldo read a request from Mr Nathan Becker of SMG Cary Hall Inc , for the use of Cary Hall for a "Careers Workshop" on Friday Request and Saturday, April 7-8, 1972 Mr Becker After discussion, the Board agreed to request Mr Becker to meet with them for further details. 204 Chairman Cataldo read a letter from Mr Legro regarding the inser- tion of Articles for the acceptance of the Foster and Harrington gifts to the Town. Mr Legro I have been holding the check in the Foster matter until Town Meeting time. On the Harrington matter, the Town Treasurer has been holding New England Telephone and Telegraph Company shires. I shall try to resolve this with members of the School Committee and the executrix of the estate on how this should be handled. Upon motion duly made and seconded, it was voted to insert the following Articles in the Warrant for the 1972 Annual Town Meeting 1 . Bequest of $300 by Kay Claudine Foster, the interest on Foster which is to be used to put plants on lot No. 218 at Munroe Article Cemetery each Memorial Day 2 Bequest under the will of Katharine Harrington of one-sxith of the residue of her estate to the School Committee for scholarships for needy children Chairman Cataldo read a letter from Mr. Legro regarding the Bicen- tennial Committee' s requests for Articles, which were discussed at the meeting held on January 3, 1972. The letter states there is indeed a Bicenten- provision of statute that became effective in 1971 authorizing the nial establishment of a special fund in which shall be deposited such sums Articles as may be appropriated in the years 1971 through 1975, inclusive, for ' the celebration in the year 1975 or 1976 of the 200th anniversary of the American Revolution. As you know, one of the articles requested by the Committee proposes an appropriation of $25,000 for that pur- pose. Chairman Cataldo We did vote to insert the three Bicentennial Articles subject to discussion with the Committee. Chairman Cataldo read a request from Mrs Birta E Swenson, 210 Swenson Marrett Road, for a deferment of water betterment assessment of Water $1,066 50 as the new owner of the property; the Board voted on July 27, Betterment 1970 to grant a deferment for three years to her husband, Henning W. Deferment Swenson. The Board agreed that a deferment be granted to Mrs. Swenson, as the new owner, as of January 10, 1972 for a period of three years. Upon motion duly made and seconded, it was voted to extend the time for payment of $1,066.50 water betterment assessment levied against the property owned by Mrs. Birta E Swenson located on Allen Street, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first, provided, however, that this ex- tension of time shall terminate immediately if the facilities of the water main are used for said land or any part thereof. 111 2OS Chairman Cataldo informed the Board that a letter of complaint has been received from Armand J Musto, Jr , 12 Augustus Road, con- cerning two dogs owned by his next door neighbor, S. Trzaskos of 10 Augustus Road. A petition, signed by 14 residents of Augustus Trzaskos Road and Kimball Road, has been also submitted, requesting the removal Dog of one white dog and permanent leashing of the other owned by S. Trzaskos, 10 Augustus Road, for reasons noted in a letter submitted by Mr Mustos The Board agreed that Mr Kenney is to schedule a hearing and S,, Trzaskos will be so informed. Chairman Cataldo informed the Board that members of the Town Report Committee must be appointed. Upon motion duly made and seconded, it was voted to appoint the following members of the 1971 Town Report Committee Town Report Committee Louis A. Zehner, Chairman 6 Fair Oaks Drive Re-appointment Appointments Mrs Oscar Carlson 23 Hayes Avenue " Mr Richard W. Hoover 18 Larchmont Lane " Mr John E. Taylor II Linmoor Terrace Appointment The Board discussed the Articles to be inserted in the Warrant. Upon motion duly made and seconded, it was voted to insert the following Articles in the Warrant for the 1972 Annual Town Meeting Article for the use of Chapters 616, 678 and 679 money for re- surfacing and reconstruction of Bow Street Purchase of Ashley land for general purposes Warrant Two Articles for Bicentennial Committee Articles Traffic Signal at Concord Avenue and Waltham Street. Article to adopt G.L. Chapter 40, s 22D-Towing of Vehicles . (Requested by Chief Corr) Article to amend Article 39 of 1966 Town Meeting, which appro- priated $37,000 for radiocommunications for the Town; to make it all communications, not just radio communi- cations. Article to extend Data Processing Committee Article for authorization to sell surplus equipment from North Lexington pumping station Upon motion duly made and seconded, it was voted to insert the Planning Board Articles Article C Zoning amendment to allow commercial recreation faci- lities with Board of Appeals' permit Article R Zoning amendment to require special permit for restaurants and places of serving food. Article S To appropriate funds for planning, soil and drainage studies of lands expected to be developed 111 I.1-1- 1.1 _ _. 206 Article T To authorize the Selectmen to sell at less than fair value tax title lots for housing Article V Zoning amendment to return to RS (residence•) district land not needed for housing for the elderly off Waltham Street Upon motion duly made and seconded, it was voted to insert the Conservation Commission Articles Conservation gift of Lot 68B, Map 24, owned by Dr Joseph F Chabot and Mary Ellen Chabot, Waltham Street Purchase Lot 22, Map 23, owned by William Hill - formerly known as Meek Property. Purchase Lot 92A, Map 54, owned by John W. Porter, and Lot 106, Map 54, Waymint Realty Trust Purchase Lot 148, Map 54, owned by Helen I . Pinard Purchase Lot 95C, Map II , owned by Mi. H Hamilton, and Lot 96A Map II, Florence Baldwin Trust Purchase Alice E. Ashley and Rosamond J Ashley Savage land, Lexington Associates Acquire Easements adjoining Vine Brook off Grant Street - Lot 45, Map 47, Lot 225, Map 48, Lot 51, Map 55; Lot 55 and Lot 61, Map 62 Acquire Easements adjoining the Munroe Brook from Map4b Street to Lillian Road Authorization for state and federal aid for land acquisition. Additional appropriation to Conservation Fund Mr Legro recommended that the Articles be prepared in a form mentioning name of owner, to describe the land and a reference to either a recorded deed or a recorded, plane Chairman Cataldo; We have tried to get this implemented for two years. The Board has every intention of notifying the Planning Board and the Conservation Commission to request them to come up with specifics, such as the name of the property owner, etc Uppa motion duly made and seconded, it was voted to insert the following Citizens' Articles in the Warrant I To amend Article XXIV, s 7 - Bicycle Paths or Routes 2 Sell and convey to Saddle Club Pool Association, Inc. Parcel A or' B as shown on Plan entitled "Oak Park-Section II." 3 To abandon and release portions of flowage rights at Butter- field' s Pond 4. Amend Zoning By-Law - RS to RM - Mark Moore Multi-family. 5 Gift of Mark Moore land 6. Amend Zdning By-Law, by adding to Section 22.4, RM Multi- family Garden Apattment- Haroian. 7 Two tennis courts at Diamond Junior High - (LWV). 8 Petition for Zoning Change - Heritage Realty Trust. 20i 9. Planning Board request for Article on Zoning By-Law amendment regarding Heritage Realty Trust Article. 10. To amend General By-Laws, Article XXIV, Section 25 - Battle Green II . To approve participation by Housing Authority in programs ad- ministered and financially assisted by state and federal agencies for families of low or moderate income. Mrs. Riffin This Article was voted at the LCSR meeting with the companion Article on scattered sites I am asking, in essence, if the Board would submit it and put it together with the scattered sites Article which was submitted by the Planning Board. Mr. Buss Why would you want it inserted as a Citizens' Article, not as a subcommittee article? Mrs. Riffin LCSR is a subcommittee to the Board and they met with the Housing Authority; the majority there wanted to get the reaction of Town Meeting I am asking if the Board would give the courtesy of placing it on the Warrant after the Planning Board Article, since the Commission is an advisory committee to the Board. Chairman Cataldo That is a good point; LCSR taking a position without taking into consideration what the responsibility really is and what the route shou4d be. Mrs. Riffin I believe the concept of scattered sites was described to the Board but discussion with the Housing Authority did take time and it came in later than It should have Chairman Cataldo I met with the LCSR and there was no mention of this. I , for one, although the Housing Authority has the responsibility, wouldn't want to give them the latitude of What it does here. Before LCSR took this position or this approach, we should have known about it. Mr Kenney You are saying the Board might not support it? Chairman Cataldo I think it is time for another meeting to get the direction and responsibility of LCSR; to go in this direction is wrong. If they had that thinking last week, we are not that divorced from them. I think it is the wrong approach to go this way. It is a Citizens' Article and we will insert it, but I think the Board should know of this approach before they do it. You are asking for the courtesy of a position? Mrs. Riffin: Exactly Chairman Cataldo: It is too bad the Commission didn't come to us and we could have inserted it as their Article. Mrs. Riffin The idea was that it would be easier to have the Articles in order, they could be taken up together. Mr. Buse If it is a Citizens' Article, it should be left in with the Citizens" Articles. A lot of other people would like their Articles moved up on the Warrant. Mrs. Riffin I am arguing that it Is an Article of the Commission. Mr. Busa If it is a Selectmen' s Article, I have no idea of what it is. Mr. Bailey I will second Mrs Riffin' s motion. Mrs. Riffin It indicates no position of the Board as an Article. 208 Chairman Cataldo If LCSR had submitted it, we would have given them the courtesy of inserting it. Mr. Kenney It could be inserted in its regular position and a request made to have it taken out of order Chairman Cataldo For the Article to be withdrawn, every one of the people who signed this Article would have to sign it. The Board agreed to insert it as a Citizens' Article, as it was submitted. Article for Study Committee for Trash Collection. Mr Kenney said that he had a call regarding a vote of MBTA to reduce the bus schedule to Harvard Square. The citizen is planning MBTA to have a hearing and I informed her that I would be happy to attend. Service Mr Bailey This morning'g paper mentioned they were going to cut the Bedford train. It would still cost us $450,000 a •year. . The Board agreed to contact Representative Cole and inform him of the Board' s unanimous position in,opposition to the curtailment of service. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or vot- Executive ing on matters which, if made public, might adversely affect the Session public,security, the financial interests of the Town or the reputation of a person. After discussion of matters of litigation and appraisals, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 22 p.m A true record, Attest Executive Clerk, Selectmen 1