Loading...
HomeMy WebLinkAbout1971-05-10-BOS-min 493 SELECTMEN'S MEETING May 10, 1971 A regular meeting of the Board of Selectmen was held In the Bird Room, Cary Memorial Building, on Monday evening, May 10, 1971 , at 7 30 p.m Chairman Cataldo, Messrs Kenney, Bailey and Buse, and Mrs Riff in were present; 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 also present At the request of the Town Clerk, six jurors were drawn as follows Murray Kaye 6 Abernathy Road Jurors Stephen I Owren 24 Spencer Street Richard J Block 345 Massachusetts Avenue Stephen Brookner 9 Marshall Road Richard L. Norton 22 Crescent Hill Avenue William J Messer 15 Barnes Place Mr O'Connell informed the Board that he has had two requests for III transfers from the Reserve Fund The Town Clerk requests a transfer of $1 ,300 to Account 1950, currently, this account has a balance of $865 from the appropriation of $3,575. The $1 ,300 requested is essen- tially the cost of the Referendum on Article 72 of the 1971 Annual Transfer Town Meeting This has been discussed with the Comptroller and he is Clerk agreeable if the Board wishes to vote to request the Appropriation Committee for a transfer Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Ac- count 1950 in the amount of $ 1 ,300 Mr O'Connell said that the other request for a transfer grows out of a situation in Town Meeting on Article 58 for the swimming pool at the Center Playground It was our intention to ask for $ 12,500 for Transfer design work and repairs to the pool but the language of the Article Center would not allow this; the appropriation was reduced to $2,500 until Pool bid. Only one bid was received on May 7, 1971 from Conti and Donahue, Inc., Lynn, Massachusetts, in the amount of $ 10,450, which is reason- able as our estimate was $ 10,000 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account 6000 in the amount of $ 10,000 Mr O'Connell reported to the Board that he had checked out what Interna- effect the International Flood Program would have on our homeowneres tional and this program is essentially designed to serve only communities for Flood Prog 494 a disaster type program, the complexities are considerable and I recom- mend that this would be of no benefit to our homeowners The Chairman informed the Board that a request has been received from the United Synagogue Youth of America for a Walk-a-thon, re- lating to the March for Hunger on May 16, starting in Newton, through Waltham and proceeding to Lexington, stopping off at Temple Emunah for lunch, and then walking along Waltham Street to Massachusetts Avenue to the Battle Green for a five minute rest The Chairman said it was his feeling if they want to stop for a Walk-a-Thon rest period, fine, but it should be at Lincoln Street or Parker Field. Mr Busa said if they come down Waltham Street to Worthen Road, they could rest somewhere in that area Mr Bailey suggested they go to the Green, continue on and rest at Parker Field The Chairman said we have no objection to them going right by the Green; the Green is not a rest area Mr Mazerall called me regarding the condition of the Green and we are going to have to look at it. I won't agree to using the Green for a rest area Mrs Riff in explained they are going to have lunch at Temple Emunah and then they would like to look at the Green and the monuments The Chairman said that we will write them that we have no objec- tion to them walking through Lexington but we will not allow them to rest on the Green, if they would like a rest area, the Town Manager will be glad to talk with them regarding another rest area Upon motion duly made and seconded, it was voted that the Board has no objection to the group walking through Lexington and permission is granted subject to the restrictions set forth by the Town Manager and the Chief of Police; permission is not granted to use the Lexington Green as a rest area The Chairman informed the Board that a petition and a letter have been received from the Camp Fire Girls requesting a bicycle lane on the westerly side of Massachusetts Avenue from Winthrop Road to the Arlington line. Bicycle The Chairman said there is no question in anybody' s mind of the Lane need for the protection of bicycles but we can't eliminate parking on Massachusetts Avenue regardless of what area it would cover. If they are looking for a bicycle trail , it shouldn't be Massachusetts Avenue We can refer it to the Traffic Committee but I wouldn't agree to elim- inating all parking Mr Bailey said he would like to hear the opinion of the Traffic Committee Upon motion duly made and seconded, it was voted to refer the re- quest of the Camp Fire Girls for a bicycle lane on Massachusetts Avenue to the Traffic Committee for a recommendation The Chairman read a letter from the Chairman of the Lexington Asso- LCSR-LAMCH ciation for Moderate Cost Housing stating that this Board had voted to dissolve the Association and requests the representative on LCSR be re- placed by one from the Lexington Interfaith Corporation; also, Mrs Bonnie Jones, LAMCH representative, hereby tenders her resignation. 95 1Upon motion duly made and seconded, it was voted to accept the resignation of Mrs Bonnie Jones as the representative of the Lexing- ton Association for Moderate Cost Housing on the Lexington Commission on Suburban Responsibility Upon motion duly made and seconded, it was voted to delete the representation of the Lexington Association for Moderate Cost Housing from the membership of the Lexington Commission on Suburban 'Responsi- bility Upon motion duly made and seconded, it was voted- to grant permis- fiort to the Mystic, Valley Gas Company to replace the, exi§ttng mein in Permit RaM4er Avenue with a 2-inch high pressure welded steel gas main Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for a Certificate of In- corporation Ephraim Weiss 462 Lowell Street Cert of Harold S Goldberg 10 Alcott Road Incorp. "Association of Technical Professionals, Inc." "A T P Education Fund Inc " Warren A Tucker 56 Baskin Road "The Massachusetts Business Task Force for School Management" Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of April 20 and May 3, 1971 Minutes The Chairman read a letter from Mrs Estelle M Rizzo, 15 Drew Avenue, requesting a bituminous concrete curbing be installed on Rizzo street radius at the intersection of Drew and Cliffe Avenues Request Upon motion duly made and seconded, it was voted to refer Mrs Curbing Rizzo' s request to the Town Engineer for a report Upon motion duly made and seconded, it was voted to inform the Lexington Arts and Crafts Society that the Board has no objection to Permit the Ceramic Guild holding a sale of pottery items on Saturday, May 22, Arts & 1971 , from 10.00 a.m to 4 00 p.m., on the lawn in front of the Arts Crafts and Crafts' building Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification Card for Margaret Luther, I D Card 30 Calvin Street The Board discussed the list of Articles to be inserted in the Warrant for the Special June 14 Town Meeting Articles Article No 1 Reports of Boards and Committees June Town The Chairman said that Articles 2 and 3 are for the Central Block Meeting It is my feeling it would be much easier for Town Meeting to vote this issue by taking the approach of having two articles and, unless 496 there is some problem, I would rather go this route, ( I) tb acquire all of the Central Block (2) to acquire part of the Central Block It will be the Board of Selectmen' s recommendation to buy all or part of the full site, but Town Meeting can amend the second one if they want to buy more than the Board recommends Mr Legro said that the Articles would be drawn this week Would the Board have any objection to the drafting of an Article to have something of a repeat of the 1964 Article and motion? We will have to be extremely careful that whatever action is taken on these two Articles doer-not, in any manner, affect the status of the Novem- ber 1964 Article 1 think we need to have something in the Warrant, and we may have to have something alike, that wou l d give us the0801' portunity to pick up where we left off in November, 1964 The Board agreed to add an Article for the authority for the Old Fire Station lot exhhange Article 5 - Harrington House Mr Kenney asked if there had been any indication to the Trustees as to what our offer would be? The Chairman replied, yes, I have had several conversations, which will be discussed in Executive Session We are not asking to support the project, just to insert the Article; regardless of the support, we should insert the Article The Board agreed to insert the Article Article 6 - Re-zone access for Housing Authority Article 7 - Authority to convey land to Arts and Crafts Society Article B - Bowman School Roof Mr Bailey asked if this is to appropriate the whole sum for re- pairs? The Chairman replied, yes Mr O'Connell said they will be asking for $100,000, I presume out of E & D Article 9 - Authority to use insurance money for the High School The Chairman said that we have received a letter from the School Committee and this is to use the insurance money to repair the fire damage at the High School Mr Legro asked if any information was available? The Chairman replied, no. Mr Legro said it raises a question of law which may be resolved in a week This has been hanging fire since March; there is a seri- ous question here Article 10 - Purchase of buffer strip at Burlington line The Chairman said we did meet with Mr Nordbiom and asked for two things, I consideration of immediate conveyance to the Town the fee in that strip 2 conditional agreement contingent upon 497 development of the area, a buffer strip conveyed to Burlington Conser- vation Committee Mr Nordblom felt he would consider an agreement contingent upon development of the area, as far as conveying the strip, he would have to think about it He called today and talked with Mr O'Connell and they are not inclined to convey the strip at this time It is my feeling, and Mr O'Connell concurs, that with their attitude an Article should go in to acquire this strip The Board agreed The Chairman discussed the Article for a language change in the Hunting Article 5 of the January Special Town Meeting, as recommended by the Attorney General Mr Legro said he was surprised at the Attorney General ' s lan- guage change; it is not the general rule for an Attorney General to frame the rules The Attorney General approved it as it was sub- mitted and made the comment that it might save some future diffi- culty to assist the Chief in exercising his discretion whether to approve a firing range The language may be worked out on it, but I don't think this does it The Chairman asked if he would have time to work out the language? Mr Legro said he will try to Mr O'Connell didn't think there was anything pressing about it The Board agreed to delete this Article from the list Mr. O'Connell said that he had talked with Mrs Morey today re- garding a meeting conducted by the State Bicentennial Commission involved in 1975 ceremonies One of the things this group urged each community to do is to have Town Meeting authorize the Board of Selectmen to appoint a commission They made reference to legisla- tion that made it possible Mr Legro said there is formal authority for a Town Celebrations Committee but it may not be broad enough Mr O'Connell said that Concord went to the Legislature to get special authorization I raise the question whether the Board wants to have an Article; there is a question whether between now and the Annual Meeting there would be a limited amount of money for planning purposes The Chairman said that Mrs Morey called him and her feeling is maybe a federal grant would be available if we had a commission set up. I would be hesitant to put an Article in until we know What we want to accomplish What is the Board' s feeling? We would have to know within the next two days Mr Kenney said we are in the process of appointing our own~Com- mittee and if we want to go into one of these things, we could go to the Annual Meeting The Chairman added, or if we had a Town Meeting before that The Board agreed not to have an Article The Chairman asked if any member of the Board had an Article to be considered The answer was in the negative 498 The Chairman said we have three citizens' Articles Article II - Amendment to the Town Manager Act that the appoint- ment of the Board of Assessors, Board of Appeals, Town Comptroller and Town Counsel be approved by Town Meeting or reviewed by a committee of Town Meeting Members The Clerk has certified 180 signatures Article 12 - Enlarge the Conservation Commission to 7 members. The Chairman said to Mr Legro, I didn't think we had to have an Article on this. Mr Legro said that the vote of Town Meeting established it for 5 members and it would take a vote of Town Meeting to increase it The Chairman said that the Town Clerk has not certified the signa- tures on this Article. Article 13 - Re-zoning of Bedford Street to RM, instead of RH The Chairman said that the Town Clerk has not certified the signa- tures on this Article. Upon motion duly made and seconded, it was voted to insert the following list of Articles in the Warrant for the Special June 14, 1971 Town Meeting Article I - Reports of Boards and Committees Article 2 - All of Central Block Board of Selectmen Warrant Article 3 - Part of Central Block Board of Selectmen Articles Article 4 - Authority for Old Fire Station lot exchange Board of Selectmen Article 5 - Harrington House Board of Selectmen Article 6 - Rezone access for Housing Authority Housing Authority Article 7 - Authority to convey land to Arts & Crafts Board of Selectmen Article 8 - Bowman School Roof S S.B C. Article 9 - Authority to use insurance money for H S School Committee Article 10 - Purchase buffer strip - Burlington line Board of Selectmen Article II - Amendment to Town Manager Act Citizens Article 12 - Enlarge Conservation Commission to 7 members Citizens Article 13 - Re-zoning of Bedford Street (Moore land) Citizens The abutters of Vine Brook Village Housing Authority met with the Board The Chairman said that as we promised at Town Meeting, this meeting is with the abutters to show you just what the Housing Authority had in mind and to get your comments I understand that the Housing Authority did have a meeting with the abutters and you did raise questions; they came back to us with a proposal that satisfied the objections brought forth at the time Mr Scanlon said that after our meeting, we discussed this with Arts & Crafts We have reduced the request for the amount of land to 4.2 acres We will have an Article in the Town Meeting to approve re- zoning of the Hastings property on Waltham Street, which will be our access to the site; we placed the property line back to Sherburne Road and relocated the parking it has been reduced about 1 .2 acres The Chairman said that he would explain the plan of the entire area to each abutter '199 Mr Richard T Zammitti , 3 Sherburne Road, was present and looked at the plan The Chairman asked him what is his position? Mr Zammitti replied that he was pretty well satisfied Attorney Alfred Tropeano, 25 Vine Brook Road, asked about the area that will not be needed The Chairman said we guaranteed that nothing will happen to this land until Town Meeting gives the authority, once we have the exact description, we will come back and void the authority to convey, but not at this Town Meeting Attorney Tropeano asked what the borings show? Mr Scanlon replied, sand; it is very buildable property Mr Tropeano asked about the water table Mr Scanlon replied that it varies; the development is in the highest elevation of that entire piece; basically, in the 205 foot area and it drops off to 204, 202 and down to 197 ft of the property level of Vine Brook Attorney Tropeano said they would still have a high water table Mr Scanlon said it may well be, but we are not putting in cellars Mr Tropeano asked if they would put in 2 ft of fill? Mr Scanlon said we are talking about 207 ft on the finished floor Vine Brook The Chairman said the finished floor will be 2 ft higher Housing Attorney Tropeano said they will still need it; it will change the entire subterranean The Chairman said the water level of Vine Brook is probably 5 or 6 ft below the level of that area Miss Joanne K Rudd, 17 Vine Brook Road, said she abuts the Arts and Crafts and Mr Tropeano' s property She asked if Arts and Crafts want more parking? The Chairman explained that Arts and Crafts would not use it for parking; they would agree to leave it in its natural state They have the flexibility of enlarging their facilities and they would not come anywhere near you Miss Rudd said she didn't want Arts and Crafts' parking to be any greater and didn't want them to come any closer to her The Chairman said that is why the restriction was put on What is your position? Miss Rudd replied, it is fine. Mr William C. Meehan, 82 Waltham Street, and Mrs Bede C Soder- strom, 194 Waltham Street, looked at the plan and the Chairman explained the area The Chairman asked if they had any questions? Mr Meehan and Mrs Soderstrom replied, no Mr Edwin M Kellogg, 200 Waltham Street, and Mr. Stephen N York, 178 Waltham Street, looked at the plan Mr Kellogg said he had heard that the trees would be cut down The Chairman said they have no authority to do this; it will stay in its natural state Mr Kellogg said there is standing water in my back yard 500 The Chairman said the water elevation is 203 feet Mr Kellogg asked is that below the street? The Chairman replied, yes Mr York asked if the area would be cleared out so that younger trees wi I I grow? Mr Scanlon replied there will not be any land clearing Mr York asked if everything around the extremity would be left as it is? Mr Scanlon replied, yes Mr Kellogg and Mr York had no further questions Mr Edward E Anderson, 47 Winthrop Road, asked this is 4 I acres out of what? The Chairman replied, 10 or II acres Mr Anderson said, I can hardly complain; there is little likeli- hood of the rest being used Mr and Mrs John W Drake, 39 Winthrop Road were present Mr Drake said we were pleased with the reduction in the area and would ask whether the Selectmen would plan for trees along the side; in the winter, we can see the traffic lights and if they could plant some cedar trees„ or I would suggest something left planted and not trimmed as a hedge I wonder, during construction, how all the construction equipment will go in? The Chairman replied that everything will come through the access Mr and Mrs Drake said they were pleased with the plan Mr and Mrs George W Sutton, 37 Winthrop Road, asked what is the grade line? The Chairman replied, 204 feet Mr Sutton asked is that what they are going to leave it at? The Chairman replied that the catch basin will be 203 ft so it has to be 204 feet Mr Sutton said that is close to what it is; maybe it is raised a foot or so The Chairman said it will drain into the brook Mr Sutton said we are concerned as far as run-off The Chairman said there is not going to be that much asphalt It may make it more of a sponge area than it is now; they cut down the paved area so the run-off would be less Mr and Mrs Sutton had no further question Mr and Mrs Percy Crowell , II Sherburne Road, said they were in- terested, primarily, in changes The Chairman explained the plan Mr Crowell asked about the parking dot The Chairman said that it will stay in its natural state We re- zoned the full parcel and we will go back to Town Meeting If the area is sparse in trees, we are asking them to reinforce them Mr Zehner of the Arts and Crafts Society had no questions The Chairman said that completes the list of abutters and we have recorded those present Are there any other questions? Mr Scanlon was asked if the apartments were shifted at all in the changing of the acreage? 501 Mr Scan ton said there was no relocation of building; the parking area was pulled in, that is not to say they might not be shifted I or 2 ft , but no major shifts The Architect said if we should find a sub-soil condition, we would want to make a 5, 7 or 10 ft shift How- ever, tests were made and they feel secure in the fact that it will be within a few feet The Chairman informed the abutters they are assured the Housing Authority will stay within this plan Mr York asked why they didn't put basements in Mr Scanlon replied that it was too expensive A gentleman said that at the Planning Board hearing it was said that the water level in Vine Brook may not be effected but we never had a definitive scientific answer The Chairman said that no matter who gives an answer, it is an opinion The last thing we want to do is to overload Vine Brook; this is why we are adamant on the number of pavements and the number of buildings that will go in here The Chairman thanked the abutters for coming and said the Board will discuss this and the project will be, basically, as proposed. He asked if anyone wished to go on record in opposition? No one replied The abutters retired from the meeting Representative Lincoln P Cole, Jr met with the Board He said that Mr O'Connell had called him in the Bicentennial Commission and he had looked for legislation on it and had found none; you have to have a special Act As he understood it, if you have a commission, they can accept money and monies can be carried over, if this is desirous on your part Mrs Morey called me and she thought it a good idea to have a commission If you decide to put an Article in the Warrant, and he had the legislation ready, he felt he could probably get it through; but you know the history of filing legislation The advantages of hay- Bicenten- ing a commission are financial nial The Chairman said we understand there would be a possibility of Committee getting funds but any funds forthcoming would not be from the State but from the federal government We said earlier that the money in the budget would be for the fiscal year of 1972 Mr Cole said that any additional committees appointed would be by the Town Manager, if you want to go the committee route, he didn't think you need legislation The Chairman asked if he thought there would be any money available? Mr Cole said there was less likelihood from the State; if they are going to create any funds, they must remember every town in the County would want to get in the act The Chairman asked the Board' s feeling? Mr Kenney said my feeling is we are in the process now and this committee could go forward to next March, for this Town Meeting, we would let that one ride It could be we would be much better informed by next March The Board agreed and Mr Cole retired from the meeting 502 Rev Handley, Director of Guides, met with the Board He said that since being appointed last August, he carried through with nine guides; actually, six were active We took care of a number of parties and took them on tours, even through snow and ice He had written to the Board two months ago that we needed greater cooperation between the Chamber of Commerce, Historical Society and the Guide Center. We have four guides from last year and four from this year have passed the guide examination Guides The Chairman said that each year we want to reappoint whatever guides you want to use If you would submit the list, with recommenda- tions, we will act on it before you come before us with the guides. Our main concern is in the Fall and we want to work until October 12, and have good coverage; we are getting closer to 1975 Have you had any pressure put on for salary? Rev Handley replied, no He said he would like to have the guides stationed at the Information Center The Chairman thanked Rev Handley for meeting with the Board Rev Handley agreed to submit the list of guides as soon as possi- ble Rev Handley retired from the meeting Mr William Scouter, 144 Simonds Road, was present at the meeting and asked the petition regarding a tree on Simonds Road was submitted to the Board and could there be a hearing? The Chairman said the Board does not have a hearing unless there is an appeal Mr Scouter said we had the distinct impression from the Town Tree Engineer that we would submit our case Simonds Rd The Chairman said he has not asked us A legal hearing would only be held as an appeal of the Tree Warden' s decision. The Chairman said that we will see where it is; maybe they de- cided not to take it down Mr Scouter thanked the Board and retired from the meeting The Chairman asked Mr McSweeney if he had lead the people on Simonds Road to believe there would be a tree hearing on that tree? Mr McSweeney replied, yes; we evaluated the sugar maples and have come down to only one tree in question We just haven't pre- pared a statement, but had said we would personally notify everyone at the hearing when the hearing would be held by the Selectmen The Chairman said that when they hold the meeting and the Tree Warden decides the tree comes down, tell the people to get the petition in within 24 hours Mr McSweeney agreed to do so. The Chairman informed the Board that a report has been received Guide Rail from the Traffic Committee regarding the request from the parents of Franklin the Franklin School area for a guard rail along Waltham Street be- School tween Allen Street and Brookside Avenue The Committee feels that such installation is not warranted or necessary and it could be a precedent leading to the erection of guard rails along all the major 503 streets, some of which do not have all the design features of Waltham Street, such as an adequate grass plot Once the school is con- structed, the children will again be allowed to use the pedestrian ways and Brookside Avenue for access to the Franklin School Use of Waltham Street to Allen Street is only temporary and would be dis- continued upon completion of the school and, likely, sooner than the process of appropriating funds, awarding the contract and installing the guard rail , even if it were found desirable to do so The Chairman said that the Town Engineer said it would cost $20,000 and he was to ask the School Department about a walkway. Mr McSweeney said that with a policewoman at Bridge Street, I can't see what the problem is. The Chairman said they are afraid that cars can come up over the sidewalk and children cutting through backyards could run out into the street and be killed Mr McSweeney didn't see how you can warrant installing a guard rail The Chairman said that we have only a few more weeks of school but I would go back to the School Department for a walkway Mr O'Connell said that he had gone over there two or three mornings and he couldn't see any problems with the path the children were using but the most practical safety measure would be to avoid having truck traffic into the site There is a combination of this traffic and normal traffic when the children are walking to school Ask them to make sure there is no significant amount of trucks com- ing in when the children are coming to school ; it it only a matter of 15 minutes 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 secu- Executive rity, the financial interests of the Town or the reputation of a person Session After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. The Board discussed an appointment to the Conservation Commission Upon motion duly made and seconded, it was voted to approve the Conserva- recommendation of the Town Manager to appoint Mrs Margaret Rawls a tion Appt member of the Conservation Commission for a three year term expiring April 30, 1974 Upon motion duly made and seconded, it was voted to adjourn at 10 35 p .m. A true record, Attest 3AA Zz/e_ez„.,„ 7;7- "?le-- -‘c-I-A.Z7 Executive Clerk, Selectmen