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HomeMy WebLinkAbout1971-10-12-BOS-min 82 SELECTMEN'S MEETING October 12, 1971 ' A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Tuesday evening, October 12, 1971, at 7 30 p.m. Chairman Cataldo, Messrs. Kenney, Bailey and Busa, Mrs. Riff 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 opened the meeting and informed Mr. Mollo- Christensen that the item on the agenda would be taken out of sequence to enable him to discuss the copy, received by the Board, of the vote of Minuteman Regional Vocational Technical School District that the sumof$900,000 is appropriated for acquiring land and pr& paring plans for the school . Mr. Mollo-Christensen The Minuteman School Committee voted on October 5 that the sum of $900,000 was appropriated to acquire the site to the extent of $300,000. The loan for the site acquisition will later be incorporated into the construction loan. The site Regional- cost is not reimbursable by the state or the federal government The Vocational other $600,000 is for planning costs for the preparation of actual Technical plans, and is fully reimbursable by the state, but the towns will be High School charged the interest on that loan. The loan will start out at zero and end at an estimated $600,000. The average loan is $300,000 se we will have to pay interest, roughly, on $300,000 for one year. The planning costs are reimbursable when the construction contract is signed in November of 1972, if no monkey wrenches are thrown at it. We have looked at IS sites, the Grey Nuns, Xavier and Weston Academy and 15 additional pieces of land. We have a report for the site selection and Building Advisory Committee when they meet;' ; hopefully, soon. There are two preferred sites but the final selection will have to await some engineering and drilling, ani the advice of the Advisory Committee. We hope within a week or two to have letters of intent from the owners so that we can present that information to Town Meetings in the towns that are going to have Town Meetings. Wii'th'it1;3O1 deykOf;theSchool Committee vote, a town may, at a legally called Town Meeting, vote on whether to disapprove of the debt or not. If one town votes to disapprove, the vote of the Regional School Committee is void and we have to resubmit a plan and vote again Chairman Cataldo. As I understand it, you are probably look- ing for one vote for us to approve. Mr Mollo-Christensen You need not vote; you have a pocket approval . Chairman Cataldo We must be prepared to put $2, 100 in the budget for our share Mr. Mollo-Christensen The first charge to the Town will come III after January I , Mr Buss Does that come under the School Committee? Mr Mollo-Chhistensen No. Chairman Cataldo Do you have the money? Mr Mollo-Christensen No; we don't have that money in our budget Chairman Cataldo I take it that no one wants to disapprove? Mr. Kenney I notice that our assessment is $2, 122.05 and Arling- ton's Is $2, 142; Arlington is a much larger town. I have read that Arlington has a political move for them to have a disproportionate voice. Any comments? Mr Mollo-Christensen First, the estimated assessment is based on High School enrollment of grades 9 through 12 as of October, 1970 We will not have the October 1, 1971 enrollment for another few weeks. All expenditures until the school opens will be based on grades 9 through 12. Lexington has more technical children per capita than Arlington. There is some feeling in Arlington that they would like more representation, being a larger town They have spent time in groups in Arlington to get the facts straight. One, each town has a veto over expenditures and every town can stop it cold. There are needed regional school committees where some towns have a larger repre- sentation than other towns. There are some with cities and towns and there are two representatives at least from cities, while one fcom each town. Fourteen of equal representation from all the towns We thought we had good legal advice if we wanted a school committee, it must be a school committee of appointed members for one vote. If we attempt to apportion based on the numbers, we were advised wrongly or correctly by the lawyer if we attempt to fit it to one man a vote; it must be done right. We must try to make' it proportional . Experiences were as a school committee, rather than a town as representatives, and towns can veto by capital expenditures. Of course, it is ,a sensitive point and we would have to amend the agreement which sets up the Vocational School and would have to be voted by each of the towns again if the clause is withdrawn. Chairman Cataldo You are saying if there is a change, it would be across the Board if they want that approach? Do I understand it to be every member from each town? Mr. Mollo-Christensen The Regional School Committee has taken the bit by saying, appoint the nominees of the different towns. Chairman Cataldo We all agree that Vernon Page would make a good member Upon motion duly made and seconded, it was voted to nominate Appointment Vernon C. Page for appointment to the Advisory Committee on Site Selec+- tion and Building of the Minuteman Regional Vocational Technical School Mr Mollo-Christensen The Regional School Committee has the responsibility to act as the Building Committee. I will try to keep you fully informed. Mr. Mollo-Christensen retired from the meeting. 84 Mr Legro informed the Board that the order of taking of the property owned by the Oneida Corporation, Drummer Boy, signed by the Board on August 16, 1971, has not been recorded because he ti =a wanted to get the confirmatory deed and release of damages The Board might want to rescind the vote of August 16, 1971 and adopt Order of the order of taking as of October 12, 1971 . Taking Upon motion duly made and seconded, it was voted to rescind Oneida the vote of August 16, 1971 to sign the order of taking of the Corp. Drummer Boy land owned by the Oneida Corporation, with an award of no damages in the amount of $70,000. Upon motion duly made and seconded, it was voted to adopt the order of taking of the Drummer Boy land owned by the Oneida Corpor- ation, as of October 12, 1971, with an award of damages in the amount of $70,000. Cravis Upon motion duly made and seconded, it was voted to sign the Sewer order of taking for sewer easement on the property of Howard and Easement Marilyn Cravis, 6 Rogers Road, with an award of no damages. Upon motion duly made and seconded, it was voted to sign the orders of taking for sewer easmenents on the following properties, Sewer with awards of no damages Easements Mrs. Barbara Mende 26 Partridge Road Robert C and Daniele Steward 19 Turning Mill Road George and Paula C. Goldman 20 Partridge Road Irving R & Marilyn J. Abel 22 Partridge Road Martin & Judith H. Cooperstein 28 Partridge Road Mrs. Lynn J. Pollock 24 Partridge Road Mr. O'Connell informed the Board that he had received a letter from the Executive Vice President of the Boston Edison Company. As Boston a result of the hurricane and police cruisers being tied up, when Edison wires were down, we pursued this with the Boston Edison Company and we won't know whether we have made progress until the next storm We have made it clear about how unacceptable it is to have our police cruisers tied up for hours. We felt the power was re- stored in reasonable good time but we pursued the matter of the police cruisers Upon motion duly made and seconded, it was voted to sign and Location submit to Secretary Davoren the approval of the location relative to Cert. of the application for a Certificate of Incorporation to be known as Incorp. "Scottish Rite Masonic Library and Museum, Inc." None of the appli- cants are residents of Lexington Upon motion duly made and seconded, it was voted to refer to Sign the Traffic Committee the request from Mrs Helen Stewart, 292 Request Waltham Street, for a blind driveway signs. Chairman Cataldo read a letter from Mr. Frederick Stanley, 74 Grassland Street, stating that a neighbor' s fence is creating a 85 blind driveway It is a 6-ft stockade fence and Mr Stanley asks for consideration in requesting owners of the fence to grade it down along his driveway Chairman Cataldo read a report from the Building Inspector stating Stanley that fencing requires no permit, except in Historic Districts, and he Fence feels that because the street is filled with potholes and no one would travel more than 10 miles an hour for his own safety, it does not pre- sent any potential danger. The Board agreed to write to Mr Stanley that it has no jurisdic- tion or authority to demand that this fence be removed. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor I D Card foc Vicki M Joubert, 42 Allen I D. Card Street. Chairman Cataldo read a report from the Town Engineer that he can see no reason why the Town should not accept the offer of Mrs Tarbox of a gift of Lot 462 Banks Avenue Lot 462 Upon motion duly made and seconded, it was voted to write to Banks Ave Attorney Francis W.K Smith, Counsel for Mrs Tarbox, and inform him that the Board is willing to pursue the matter. Upon motion duly made and seconded, it was voted to sign the Memorandum of Understanding with the State Department of Public Works Chapter 9C regarding East and Spring Streets, in the amount of $29,700 East & Upon motion duly made and seconded, it was voted to sign the Spring Memorandum of Agreement with the State Department of Public Works Streets regarding Class I Bituminous Concrete Pavement; install drainage and improve East Street at the Woburn line to Ridge Road. Chairman Cataldo read a letter from Mr Kenneth Champion, 6 Rolfe Road, objecting to the sewer going through his property. Chairman Cataldo to Mr McSweeney In your opinion, this is the Champion only way the area can, be sewered? Sewer Mr McSweeney Yes Mr Bailey I would like to see the layout and talk it over with Mr Champion. The Board agreed that Mr Bailey and Mr McSweeney would meet with Mr Champion and report back to the Board Mr Woo and Mr Yee of the Bamboo Hut met with the Board Resi- dents of the area were also present Chairman Cataldo As you know, we received a petition setting Bamboo forth several complaints regarding the operation of your restaurant. Hut These residents did come in and meet with us and set forth a number of complaints, one being the exhaust system. Our Health Inspector states that the exhaust system needs a thorough cleaning and the grease filters cleaned or replaced. The exhaust for the oven in the basement needs to be repaired or replaced The exterior grounds must Hb be maintained satisfactorily and adequate garbage containers provided and kept clean We have in our files many consecutive reports of unsatisfactory compliance with the Regulations for Food Service Es- tablishments and continued violations of these regulations would result in the license being revoked by the Board of Health The Bamboo Hut is ordered and directed to correct the violations and a re-inspection will be made on October 13, 1971 . Mr Woo We cleaned the filters to eliminate the odor Chairman Cataldo you haven't done this as yet. Mr Woo Downstairs is already cleaned; the filters will be done tomorrow afternoon Mr Monne! ! The Health Inspector is going there tomorrow. Chairman Cataldo Do you have any comments to the Board? Mr Woo No comments Chairman Cataldo Do you have any answers to some of the com- plaints that were filed? Mr Woo The noise We have to serve them when they come to the restaurant Chairman Cataldo Don't you have a group of youngsters you let hang around your restaurant downstairs; are these the ones making the noise? Mr Woo No Chairman Cataldo Who are the teenagers? Mr Woo Some are cleaners, some are from Belmont and Arlington Chairman Cataldo Do you think any of these are contributing to the noise? Mr Woo None of them. Chairman Cataldo Is there anything you can do to alleviate the noise problem? Mr Yee After 8 00, we don't keep any boys at the restaurant; you are talking about groups From now on, if we have any of the young generation going into the dining room we can stop them from coming in When they sit down, we can tell them to behave them- selves and to have no noise. If there is noise, they go to court Chairman Cataldo I don't think anybody is asking you dot tO serve them the problem is not coming in or leaving the restaurant. Do you allow customers to come in and you serve them liquor? Mr Woo No; we serve not liquor but food. Chairman Cataldo There is no drinking in your establishment? Mr Woo None. Mr Yee Some put liquor in a glass and hide it Chairman Cataldo What would your feeling be about closing earlier? Mr Yee Some time in the morning We open at Il 45 Business is not good in Lexington and it is very quiet at dinner time. The only business comes in after 9 00, maybe 10 00 or II 00. So far, night business is very quiet Chairman Cataldo Would you have any objection to closing at li 00 p.m ? Mr Yee if we close at 11,.00, the whole business closes. 87 Chairman Cataldo What do you feel you ought to do to get the prob- lem squared away? Mr Yee Right now, except for customers, we don't allow the young generation around this area in the restaurant, so I think the noise is from others. Chairman Cataldo What have you done in the past two weeks to get these things squared away? Mr Woo In the past week, we clean. From last week, we don't Hiet these peep le 'j n. any .more. Mrs. Riffin Do you have an establishment in Belmont? Mr Wooc Yes. Mrs. Riffin What are the hours? Mr Woo 9 30 during the week; Friday and Saturday we are open until 2 00 a.m Mr Yee When we opened the store in Belmont, we opened until 2 00, after going for a few months, we closed earlier but Friday and Saturday we opened until 2 00 a.m Chairman Cataldo Why pick Lexington to stay open until 2 00 a.m ? Mr Woo More business in Lexington Chairman Cataldo 90 percent of your business at these hours is not from Lexington people Mr Woo People living in Belmont call in Lexington and come over to pick up the food Mr Buse On the problem of garbage, are you planning another re- ceptacle or have it picked up more often? The last month or so it has been overflowing and attracts animals, if people aren't taking it to the neighborhood, the animals are Are you planning any changes? Mr Woo• There are three pickups a week, maybe four would solve the problem. Mr Buse This is one of the complaints we are getting on gar- bage all over the neighborhood, and I think most of it is done by animals; the animals are causing it, even though we have a leash law. I think if you made some corrections it would help the situation. Mr Kenney At the hearing of the neighbors, several said, to their knowledge, people are bringing liquor into the restaurant You said it was not the general policy What do you do if people bring it in? Mr Woo If I see it, I say not to bring it in again If I caught them, I put them out and say to put it in the car Chairman Cataldo Are there any other comments you would like to make to the Board? Mr Woo and Mr Yee No Chairman Cataldo I would like to make the final comment As you know, the Board of Health said in the letter they had been down several times and they have, in fact, closed it twice I don't understand why even knowing full well that the last letter said if they come again, they will close you You did not see fit to clean the exhaust system Why do you operate like that? Mr Woo Grease accumulates very fast 88 Chairman Cataldo What does that have to do with filters? Know- ing that is the case, you seem to be disregarding what the Town tells you to do and I think we have let you go far enough. We will discuss the situation and let you know what our decisions are Thank you for coming in. Mr Bowker, 172 Massachusetts Avenue; Neither one of these two men was the one I went to when the men were practicing karate Your own help is, coming out of the place raising hell . Chairman Cataldo Do you have someone managing the place when you are not there? Who is it? Mr Woo He is part-pwner and a waiter Mr Bowker This is in the daytime and I complained again ;at 3 30 a.m about practicing karate and he said they were fellows at a party who were having fun and it would never happen again I am too old to start moving but you are just forcing me to move; I can't sleep I had never seen rodents on my land before but my son chased a big rat I have no garbage containers as I have a disposal yet rodents are coming up on my porch and my grass with lumps of meat Chairman Cataldo As far as the dumpsters are concerned, you have to keep them empty You hear the nature of the complaint# Mr Woo We will tell the Board of Health we will take care of it Chairman Cataldo Mr Heustis will be down there tomorrow; it had better be done tomorrow. Mr Woo, Mr Yee and the residents retired from the meeting Later on in the meeting, the Board discussed the matter Upon motion duly made and seconded, it was voted to inform the Bamboo Hut owner, Mr Winchell P C Woo, that the Board grants him thirty days to make whatever changes are necessary to resolve the noise and litter problems involved as a result of people leaving the restaurant Also, the Board of Health requirements are to be resolved immediately Petition Upon motion duly made and seconded, it was voted to refer the. Waltham & petition, submitted to the Board requesting a traffic control signal Worthen at Waltham Street and Worthen Road, to the Traffic Committee for a Traf Sig report Bauder Upon motion duly made and seconded, it was voted to sign the Abatement abatement for street betterment assessment to Paul F Bauder, Jr , 27 Grassland Street in the amount of $777.60 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s meetings held on September 27 and October 4, 1971 Chairman Cataldo read a letter from the Conservation Commission Ballou requesting that Town Counsel draw an option for the Ballou land, in Land the amount of $36,068 The sum was arr4ved at in the following manner the agreed price per acre is $3,000 and there are 11 .39 acres 89 which comes to $34,170 The Commission agreed to pay the cost of survey- ing the land for $ 1,898 It was also agreed that the seller would pay the real estate taxes up to the time of passing title to the Town Originally, the Conservation Commission estimated that 10 acres of Mrs Ballou' s land would be acquired, which amounted to $30,000, leaving $2,000 for expenses It is the Commission's intention to provide the balance of $4,068 from the Conservation Fund, which has a balance of $5,484 38; that sum consists of $5,000 appropriated under Article 60 of the 1971 Town Meeting and a remaining balance of $484.38 under Article 64 of the 1969 Town Meeting Chairman Cataldo It is the intention of the Board to grant the request of the Conservation Commission for Town Counsel to draw the op- tion for the acquisition of the Ballou land Mr Legro The option will go to the Conservation Commission tomorrow Chairman Cataldo read a report from the Traffic Committee regarding Raymond Street stating that Florence Britt has recommended several traffic improvements for Raymond Street The Traffic Committee is not in favor of making Raymond Street one-way; the Medical Building drive- way from Raymond Street is private property and outside of our juris- Raymond diction and we cannot recommend making it one-way. Existing regulations Street prohibit parking in front of driveways, so no new regulation is needed Parking to eliminate parking on Raymond Street which Miss Britt claims inter- feres with her leaving her driveway In addition, members of the Traffic Committee have inspected the area individually on many occa- sions and found no evidence of improper parking. Upon motion duly made and seconded, it was voted to accept the recommendations of the Traffic Committee regarding Raymond Street, and to so inform Miss Britt Chairman Cataldo read a memo from the Traffic Committee stating that the committee had discussed bus stops, mail boxes and taxi stands in Lexington Center and Mr McSweeney had agreed to report to the Board at a meeting since the actual inventory and study would be done by his staff Lexington Mr McSweeney We talked about parking and traffic circulation Center in the center and agreed it would take more than someone in the Engi- neering Department to sit down and resolve th' Chairman Cataldo The people at Wallis/arrerAsking about the bus stop and taxi stand and we told them we would hold it until we saw the total package. We are looking for you to start here and go up to Meriam Street regarding mail boxes, bus stops, taxi stands and other things that would affect the traffic Mr McSweeney We will give you something within the next couple of weeks Chairman Cataldo informed the Board that he had talked with Mr. BEEN Fish of Bolt Beranek and Newman regarding the offer of the gift to' the Hayden Ave town of a triangular parcel of land off Hayden Avenue They are willing Land Gift 90 to convey it to the Town free and clear of any restrictions and will send us a recorded plan within this week, we will then pursue the matter The Board agreed Chairman Cataldo informed the Board that the League of Women LWV Voters requests that the Board issue a proclamation that the week of Proclame- October 24-31 , 1971 be declared League of Women Voters Week tion Upon motion duly made and seconded, the Board voted to proclaim the week of October 24-31, 1971 as League of Women Voters Week. Chairman Cataldo informed the Board that a letter has been re- ceived from the Department of Public Works Union, Local No 1703, requesting an extension to November I , 1971 for the submission of new proposals for 1972; the deadline is now October 15, 1971 With the election of new officers within the union and the change-over to the new Town Hall Building, it is felt it would be beneficial to both DPW parties to have a 17-day extension A list of officers on the Execu- Union tive Committee and elected officers of Local No 1703 was submitted Chairman Cataldo to Mr O'Connell Has there been any contact with you to inform you of the names of the negotiating team? Mr O'Connell No The Board agreed to request a list of members on the negotiating team. Upon motion duly made and seconded, it was voted unanimously to, grant the request of Local No 1703 for an extension to November I , 1971 for the submission of new proposals for 1972. Chairman Cataldo informed the Board that the Star Market had con- Waltham- tacted the Building Inspector and informed him that they will do Lexington whatever the Town wants The Planning Board had written us concerning Line the continued use of residential land in Lexington at the Waltham City Zoning line by the Waltham Star Market complex as a commercial parking lot. I shall contact the president of Star Market and get the matter re- solved Mrs Riffin reported on the meeting held on October 5 with Mn'; Roudebush and representatives of the Boston Transportation Planning Review. Members of the Planning Board, Police Department, Mr McSweeney, Mrs Frick and I were present and it was a general review of public transportation and arterial selector routes and improvements Transporta- There was a discussion of Bi-centennial people coming here in 1975 aed tion 1976 and they think this will be a major problem; there must be street Planning planning for parking and some sort of public transportation, such as Review shuttle buses. There must be accommodations for people as they come through the Town and whatever is planned must be completed by 1975 Mr Bailey, Mr McSweeney and I attended a meeting downtown and the great worry is that plans will not be completed when the big traffic arrives 1 9L Mr Bailey and Mrs Rffffn reported on the Massachusetts Selectmen' s Meeting held on October 9 at Amherst Mr Bailey had accepted the award Town on behalf of the Town for the first prize for the 1970 Town Report Report Upon motion duly made and seconded, it was voted to go into Execu- tive 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 of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to have no smok- ing in the Selectmen' s meeting room during open meeting No Upon motion duly made and seconded, it was voted to adjourn at Smoking 9 55 p.m. A true record, Attest 0 ) Ex cutive Clerk, Selectmen �V P I