HomeMy WebLinkAbout1971-10-04-BOS-min r,
SELECTMEN'S MEETING
October 4, 1971
A regular meeting of the Board of Selectmen was held in the Bird
Room, Cary Memorial Building, on Monday evening at 7 30 p.m. Chairman
Cataldo, Messrs. Kenney and Buse, Mrs. Riff in; Mr. Legro,Town Counsel;
Mr. O'Connell, Town Manager; Mr. McSweeney, Town Engineer and Act-
Superintendent of Public Works; and Mrs McCurdy, Executive Clerk,
were present
Mr. O'Connell gave copies to the Board of the report of the
Health Director on the Bamboo Hut, 177 Massachusetts Avenue This re-
port was as a result of complaints received regarding cooking odors,
exterior conditions of the grounds, etc. The entire 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 re-
placed. The exterior grounds must be maintained satisfactorily and
adequate garbage containers provided and kept clean. The report Bamboo
states that we have in our files many consecutive reports of unsatis- Hut
factory compliance with the Regulations of Article X of the State
Sanitary Code and our own Food Service Establishment Regulations and
the Bamboo Hut has been notified that continued violations of these
regulations would result in its license to operate a food service
establishment being revoked by the Board of Health, and it is hereby
ordered and directed to correct the violations as listed by the Board
of Health
Mr O'Connell I talked with the Cumberland Farms' Supervisor, Cumberland
Mr. Anderson, who was most cooperative and explained there was a Farms
clause in the lease preventing the delivery of milk during the day,
however, they are most willing to re-examine that They have talked
informally with people in the neighborhood regarding a delivery be-
fore people go to bed Although there is no determination, they will
report back in a few days to firm it up. it will take from ten days
to two weeks to get a revised schedule. The reaction from the neigh-
bors was that it would be acceptable
Chairman Cataldo We have written to the owners of the Bamboo
Hut inviting them in at 8 00 p.m. on Tuesday, October 12 It was
stressed in the letter that we had received complaints and we should
in all fairness give them an opportunity to be heard
Mr O'Connell informed the Board that a meeting will be held to-
Morro.; October 5, in the Bird Room to discuss the Boston Transport-
ation Survey
Mr O'Connell informed the Board that he had received a request United Fund
from Mr Bartel, Chairman of the United Fund, to fly the United Fund Permit
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flag under the American Flag at Town Offices; also permission for a
poster to be placed in the lobby of Cary Hall .
The Board had no objection
Chairman Cataldo read a letter from the Planning Board stating
that Bolt, Beranek and Newman have sold their land north of Hayden
Avenue, zoned CR, to Grace Construction Materials Company; this
BB & N left in the ownership of BB & N a triangular parcel of land located
Gift Land between Route 2 and Hayden Avenue containing 12,822 square feet an
Offer zoned RO (residential) BB & N would like to offer this triangular"
parcel to the Town as a gift The Planning Board recommends the
acceptance of this gift in addition to providing some open space
in an area which is in process of being developed for non-residential
uses, this {parcel may in the future be of use for traffic improve-
ments, location of a pumping station or other utility easement. Town
ownership could also prevent inappropriate development of this parcel,
whether under a Board of Appeals' ,variance, through rezoning, or
otherwise We assume this parcel would be accepted as open space,
subject to no restriction.
The Board agreed to pursue the matter with Mr Fish of Bolt,
Beranek and Newman and hopes to resolve the situation in time to
present it to the March Town Meeting
Przyjemski Chairman Cataldo read a request from Mr. John C Przyjemski , 84
Betterment Cliffe Avenue, for a deferment Of his street betterment assessment.
Deferment The Board agreed to request a report from the Town Engineer
Chairman Cataldo read a letter from Dr Donald A. Taylor, 15
Partridge Road, urging that the taking of the strip of land at the
Lexington-Burlington line be expedited, Article 10 of the June 14,
1971 Town Meeting. Attorney Kass has been representing the inter-
ests of the Tri-Town Civic Association in the land court proceedings
with Mr. Jack Moss and the objection which Mr. Kass originally filed
was reheard by the court on last Friday Mr Moss agreed prior to
Burlington - the rehearing to covenant not to attempt to gain access into the Town
Lexington of Lexington and to delete all mention of Mountain Road on his map
Strip which he was presenting for the land registration proceedings. At
the hearing, Mr Moss refused categorically to sign any covenant
and also refused to delete mention of Mountain Road from his map.
He claimed before the coUrt that Mountain Road is in fact an ancient
right-of-way from Burlington into Lexington anti that he is attempt-
ing only to register the title to his land and not to establish a
right-of-way The Judge recognized the objection as being still
valid but has put the matter over to be heard at some time in the
near future. Should Mr. Moss be successful in his registratiofi
proceeding prior to the taking of the land by the Town of Lexington,
it might in fact cause the Town future legal if not financial com-
plications
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Chairman Cataldo Mr Zaleski called me and wanted to know what
we wanted; I told him we were having a survey of the Lexington-
Burlington line and them we would consider what the width of the strip
should be
Mr McSweeney The survey should be back within 30 days We
would have parcels of land court and registered land for the taking
Mr Henry Novak, 53 Turning Mill Road, was present at the meeting
and submitted a letter from Attorney Kass relating to land court hear.
ings The letter was not in proper form and is to be formally
presented to the Board for its information and for the record.
Chairman Cataldo read a request from the Jason Russell Society re-
questing that a proclamation be issued for the week of October 12- 19
as Patriotic Education Week
Upon motion duly made and seconded, it was voted to sign the Proclamation
proclamation for the week of October 12- 19, 1971 as Patriotic Educa-
tion Week and to send a copy of the proclamation to the Minute-man
Chairman Cataldo read a request from the Garden Club Federation
of Massachusetts for a representative of the Town to be present at a
conference on the Environment at Regis College, November I and 2, 1971
Mrs Riff in is to attend the conference
Chairman Cataldo read a letter of appreciation from the Board of
Selectmen of Owl' s Head, Maine for the gift of the flag which has been Flag
flown over the Battle Green
Upon motion duly made and seconded, it was voted to sign the
abatement for sidewalk betterment assessment for
Sidewalk
Partridge Associates, Inc , 34 Partridge St , Watertown, Mass Abatement
$255 00 - Sidewalk constructed by developer
' .Mr Kenney reported on the Drug Committee meeting on last Thurs-
day We specifically considered two questions put by the Board, ( 1)
a letter from Foster Furcolo offering to conduct a PREP type program.
We called Mr Furcolo' s office and talked to his assistant and, as
I understand it, one of the significant advantages of an outsider's
survey of the Town is the very fact that they are from the outside
and take an unprejudiced overall look. The cost is about $1200 Drug
After this discussion, we contacted the Mayor' s office of the City Committee
of Marlborough and the secretary said they are extremely enthusiastic
abput the results and she is sending up a copy of the survey. The
recommendation at this point is that we go one step further and in-
vite representatives from Mr Furcolo' s group to present directly
to us what is involved in the program. If the Board approves, we
will talk with them to come before the Board and have our committee
here also.
The Board agreed that Mr Kenney is to make arrangements for a
meeting and report back to the Board.
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Mrs. Riff in Would an appropriation have to come from Town Meet-
ing?
Mr Kenney We have $11 ,000 from Town Meeting We discussed the
question raised by Mrs Riff in of the advantages of calling in ether
groups for an in-depth discussion and we think it is a good suggs -
tion. We don't know the extent of drug abuse in Lexington, and we
don't know anybody who does It would be an advantage to do an in-
depth study of the Town. Along theseilines, I would like to sent
out a questionnaire to certain groups including the clergy, police
officers, members of Replace, etc. and after evaluating the answers,
use them as background material When we have the meeting, we would
have members of these groups there
Chairman Cataldo 1 would suggest that you include as one of
the questions, "Where do you think the source is?"
The Board agreed.
Mrs Riff in One of the reasons for bkinging people together is
they would feel, with cooperation, we would have an overall picture.
Mr Kenney I will be interested to see what specific recom-
mendations people might have.
Mr Kenney The Drug Committee would like permission to purchase
pamphlets, educational type pamphlets,, for distribution. We would
ask Dr. Monderer, with his sources, for specific suggestions. There
is money in the Article and it could be used for this purpose.
The Board had no objection.
Upon motion duly made and seconded, it was voted to sign the
Banks Avenue Sewer Order of Taking on Banks Avenue from Carvilie Avenue, a distance
Sewer of 275 feet, more.or less, easterly.
Chairman Cataldo read a notice from Commissioner John F. Kehoe„
Jr , State Department of Public Safety, stating that Chapter 486,
Acts of 1971, Licensing of a game commonly called "Beano" will become
law on September 29, 1971 and the statute will be in effect as, of that
Beano date By statute, I am charged with the responsibility of making
rules and regulations for the conduct of the game of Beano in Massachu-
setts I am certain that you will agree that it is only through com-
plete- cooperation that such a law can be fully and properly enforced.
The Board agreed to send a copy of the notice to the Minute-man
so that the public will be informed.
Upon motion duly made and seconded, it was voted to insert the;
question on Beano on the ballot in March, 1972.
Green & The Chairman read a memo from the Town Engineer recommending that
White Engr the Board award the contract to Barnes Engineering Company, Inc.,
Survey 411 Lexington Street, Auburndale, for engineering services for prop-
Barnes erty surveys for the proposed Woburn Street School site in the Green
and White land for approximately $3800.
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Upon motion duly made and seconded, it was voted to award the con-
tract to Barnes Engineering Company, Inc for engineering services for
property surveys for the proposed Woburn Street School site in the
Green and White land
Mr. McSweeney, Town Engineer, was instructed to supply all the
information necessary for Town Counsel to draw the contract for this
project.
Chairman Cataldo discussed the petition from the Boston Edison Com-
pany and the New England Telephone Company for the relocation of a pole
on Winthrop Road This request was tabled by the Board until further
information was received by the Town Engineer. Mr. Dailey, an abutter,
requested that the pole be moved and the petition includes the hip guy Winthrop
and anchor. We can vote to grant permission for the relocation of the Road Pole
pole, not to include the hip guy and anchor. 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 relocation
Winthrop Road, easterly side, approximately 1028 feet southwest
of Massachusetts Avenue, - One pole (one existing
JO pole to be removed)
Mr. Busa reported on the Youth Committee meeting held last Thurs-
day. What they would like to do in the beginning is to invite all
organizations in Town that have anything to do with youth and try to
ascertain what is available to the youth of Lexington; all Boards,
Schools, Replace, private organizations and church groups. From Youth
there, to set up a committee similar to the Drug Committee. After a Committee
long debate, it was agreed it would not be in the best interests of
the Town to come before Town Meeting for an appropriation to run this
organization. They are now drafting rules and regulations under which
they will operate. After a few more meetings, they will present it to
the Board for approval .
Chairman Cataldo Do you need anything from us?
Mr Busa No.
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 security,
the financial interests of the Town or the reputation of a person. Executive
After discussion of matters of financial and legal interests to Session
the Town, it was voted to go out of Executive Session.
Upon motion duly made and seconded, it was voted to adjourn at
9.00 p.m.
A true record, Attest
41-6-: 1-4-1- -
' t Executive Clerk, Selectmen
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