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HomeMy WebLinkAbout1970-12-14-BOS-min 310 SELECTMEN'S MEETING December 14, 1970 ' A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, December 14, 1970, at 7 30 p.m Chairman Cataldo, Messrs. .Mabee, Kenney, Greeley and Bailey 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. Mr Zehner and Mr Cheever of the Town Report Committee met with Town the Board to discuss the Selectmen' s Report in the 1970 Town Report Report After discussion, Mr. Zehner and Mr. Cheever agreed to make the suggested deletions and additions Mr. O'Connell informed the Board that he had received a call Bloodmobile from Mrs McGonagle of the local Red Cross Chapter, asking for per- mission to use the driveway of the Red Cross for a Bloodmobile on December 22, 1970. The Board had no objection Mr. O'Connell reported to the Board that the Conservation Com- mission had submitted to him the requested additional details on Drummer Boy the Drummer Boy option and, also, copies of certificates of title Soule & covering property owned by Robert L. Frissore, Ralph J. Frissore Frissore and Richard Soule and request to have an option prepared for Options Richard H Soule, covering his lot 63 Ivan Street at a purchase price of $ 1 ,000; and option for Robert L Frissore and Ralph J. Frissore, covering lots 61 and 62 in the amount of $2,000. Mr. O'Connell informed the Board that a request for a trans- fer from the Reserve Fund grows out of our having reviewed in advance the need for typewriters which would appear in 1971 . We have a request worthy of being approved for a total of eleven type- Transfer writers The situation of the equipment in the general departments is that we have a dangerously very old and about-to-expire type; we need one for the Clerical Pool and one for the Board of Appeals. Due to the reduction in the forces of one of the local manufacturers, we have been able to establish a source for this number of used ma- chines at a really attractive value and it is my feeling the Town can make a wise investment in updating. We have $384 in the office ma- chine account and together with $ 1716 from the Reserve Fund, we could buy eleven typewriters in excellent condition They would cost $5600 to purchase and are in good condition and considered to be an out- standing buy We propose to buy one of the executive type to be used for the Town Report, to avoid the necessity of renting one. The prices range from $ 150 to $250 and ordinarily would cost in the $500 to $600 range. 311 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Of- fice Machine Account No 2925 in the amount of $ 1716 The Chairman requested the Board to sign the Warrant for the Special Town Meeting on January II, 1971 Warrant Upon motion duly made and seconded, it was voted to sign the Special Warrant for the Special Town Meeting on January II , 1971 . Town Meeting Upon motion duly made and seconded, it was voted to sign Common Victualler Licenses for the following Common Arno's Delicatessen 321 Woburn Street Victuallers Kentucky Fried Chicken 211 Massachusetts Avenue License Regent Delicatessen 1729 Massachusetts Avenue Brigham's d b.a Buttrick' s 34 Bedford Street Brigham's 1775 Massachusetts Avenue Pewter Pot Realty Corp 1710 Massachusetts Avenue The Chairman informed the Board that Dunkin Donuts would like to extend their hours of operation to 12 midnight or 100 a.m I have talked with Chief Corr and he had no objection to extending Dunkin the hours. Donuts Upon motion duly made and seconded, it was voted to sign the Request Common Victualler License for Dunkin Donuts, 373 Waltham Street, with the hours of operation from 6 00 a.m to II 00 p.m Upon motion duly made and seconded, it was voted to sign the Innkeeper Innkeeper License for Lexington Chalet, Inc., 440 Bedford Street Upon motion duly made and seconded, it was voted to sign the First Class First Class Agent License for Colonial Garage, Inc., 1668 Massa- Agent chusetts Avenue. Hearing was declared open on the fire-damaged carriage house located in the rear of the property owned by Joseph B. and Clara R. Palmer, 1508 Massachusetts Avenue. Notice of the hearing was sent to the owners of the property Palmer and to Town Counsel , Town Manager, Building Inspector and the His- Hearing toric Districts Commission. The Chairman said that this hearing is being held under G.L. Chapter 139, s. 1 . Mr Irwin, Building Inspector, was asked for a report on the conditions that exist at 1508 Massachusetts Avenue. Mr. Irwin said that in October, 1969, the Fire Department re- quested me to inspect this fire-damaged building and I found it had been severely damaged; I wrote to Mr. Palmer and suggested we would like to be kept informed whether he intended to repair or take it down, and pointed out the hazards that exist 1 wrote 312 again later and called a number of times and on October 13, the same day I suggested a hearing be held, I received a call from Mr. Palmer saying that he and his wife discussed it and thought they might take it down It has been two months since that time and I haven't heard from Mr Palmer and suggested to the Town Manager that we have a hearing Chief Spellman of the Fire Department said that we inspected the property at various times with Public Health officials and the Zoning Inspector and we concurred it is a hazard to some ex- tent and a good spot for continuation of fires and Mr Palmer should repair this building to eliminate the hazard of a second fire Also children play in that area. We sent Mr Palmer a notice that we had it inspected by the Fire Inspector and we haven't heard from him. Joseph B Palmer, owner of the carriage house at 1508 Massa- chusetts Avenue, said that we have made some inquiry into the cost of demolishing the building and I think I need to get to- gether with Mr. Irwin and know the cost of demolishing it. The Chairman asked what is your feeling to look into repair- ing or demolishing the building? The information came that you were going to demolish the building Mr Palmer said that, probably, we want to repair it, the problem is what is required by the Historic Districts Commission and if I make any changes would I have to get their approval? The Chairman replied, yes; what do you see as a schedule? Mr Palmer said that I don't think much could be done dur- ing the winter and construction would have to be delayed to spring After the fire, it was shored up with twenty-two 2X6' s; we were advised by the carpenter on what to do, there are sup- ports in the building and I don't think there is any danger of them falling down. Mr. Irwin said that the fact that it is open is of some concern to me. Mr Palmer said that it was closed up but someone broke in; we have trouble with vandalism. The Chairman said it should be closed in to make it safe Mr Palmer agreed The Chairman addressed Mr Palmer and said that it is your position, then, to close it up to make it safe, subject to your schedule of getting it fully repaired. Mr. Kenney said that by April 15 or April 30, it would be repaired so that it is no longer a hazard Mr. Palmer said that a new roof is needed Mr Kenney asked about June 30? Mr. Palmer said that June I is allowing enough time; we need, probably, a couple of months to get it repaired. The Chairman asked when he was going to close it; he would have a week or ten days. 313 Mr Greeley felt it should be not later than April I ; either to demolish it or begin some active building Mr. Palmer said you must realize I have to consider the con- tractor; if you want me to say that date, I can't because I don't want to run into a contractural delay The Chairman said that whatever the date is, we will hold you to it. Mr. Palmer said that he was not trying to be unreasonable; what if the contractor doesn't start on it? The Chairman asked if anyone present had a question? Mr. Lewis, 15 Hunt Road, said that he felt the intentions so far haven't shown the desire to make any effort to do anything There are ladders through the roof; I don't have children but there are a lot of them in the neighborhood. This is wishy-washy and there is nothing concrete, perhaps something more concrete should be decided - April or May. Mr. Stotts, II Hunt Road, said that he lives 20 feet away He reported the fire as the Palmers didn't know the carriage house was burning. This is a critical situation and is a dangerous and at- tractive nuisance and we are hoping something is done about it Mr. Jaquith of the Historic Districts Commission said if there are changes in the design, this would have to come before us. The Chairman addressed Mr. Palmer and said that he hears the concern of the neighbors; we called this hearing because we are con- cerned. As I understand it, you propose to make this building safe and close it completely within a week or ten days Is this correct? Mr. Palmer said that he would make it so people cannot enter. The Chairman said the next step would be to have something con- crete, begin no later than April I . Mr. Palmer agreed. Mr Jaquith said that it takes about a month for us to complete arrangements for a hearing; Mr. Palmer must have it in to us not later than February 28 Mr. Kenney asked if the completion date is approximately June I? The Chairman said, as we said originally, if you decide to re- construct or repair, is June I the completion date? Mr. Palmer said he didn't know now but it sounds like a reason- able amount of time. Mr Greeley said he got the feeling Mr. Palmer doesn't know what he is going to do with the building; if he is only going to restore it like before the fire, he could do it easily in 60 days Mr. Kenney said why not make it 90 days? The Chairman said if he is going to rebuild it; we are concerned about it being closed in and completed Mr. Stotts asked Mr. Palmer is he going to rebuild as a carriage house? Mr. Palmer replied that he couldn't say. Mrs. Stotts said it couldn't be a residence. The Chairman agreed. Mrs. Stotts asked if it would be torn down or continue to be an eyesore? 3 1.4 Mr. Palmer said that the building was secured about three months ago and children opened it up The Chairman declared the hearing closed. Mr Palmer and the residents retired from the meeting. Later on in the meeting, the Board agreed that the Building In- spector is to Submit a list of specifications to be followed to make the building safe and upon receiving them, Town Counsel is to draft an order for the Board to send to Mr Palmer. Upon motion duly made and seconded, it was voted to issue an order to Joseph B. and Clara R Palmer, 1508 Massachusetts Avenue, to make the fire-damaged carriage house secure and closed within ten days after receipt of the order, and April 1 is the date for starting the complete restoration The Chairman read a letter from the Planning Board with a recommendation regarding the request of Ann Valihura, 67 Grassland Street, to purchase tax title lot 26 Valleyfield Street. The Plan- ning Board recommends against the sale because of the possibility that tax title lots may be used to provide housing for people of Valihura low and moderate income; but if the Selectmen decide to sell this Tax Title lot, the recommendation is that it not be sold as a separate 50-ft Lot wide building lot but be combined with the adjacent 50 ft lot 25, owned by Mrs Valihura Upon motion duly made and seconded, it was voted not to sell tax title lot 26 Valleyfield Street to Ann Valihura of 67 Grass- land Street as it would not be in the best interests of the Town The Chairman read a request from Mrs George P Morey for an additional three year deferment of betterments on property abutting ; Morey on Blake Road. Betterment Upon motion duly made and seconded, it was voted to grant a Deferment three year deferment of payment of sewer bettment assessment of $861 .33 and water betterment assessment of $ 187 50 to Mrs. George P. Morey, 90 North Hancock Street Upon motion duly made and seconded, it was voted to sign and ' Bonds send to the State Department of Corporations and Taxation the ap- proval of the sum of bonds established for the following Town Treasurer-$ 115,700, Tax Collector-$117,200; Town Clerk-$2, 100 The Chairman read a request from the Lexington Golf Club to Lexington Golf abate the sewer betterment assessment for the open land adjacent Club Sewer to the 7th hole in the amount of $ 1331 .41 . Betterment The Chairman said that we should not abate it but should Deferment defer it Upon motion duly made and seconded, it was voted to grant the request of the Lexington Golf Club for a three year deferment of payment of sewer betterment assessment in the amount of $ 1331 41 I 31. 5 The Chairman read a request from the Town Clerk for elimination of precinct registrations prior to the Annual Town Election, and to have all registrations at the Clerk's office. Precinct Upon motion duly made and seconded, it was voted to grant the Registration request of the Town Clerk for elimination of precinct registrations prior to the Annual Town Election; all registrations are to be held at the Town Clerk' s office. The Chairman read a notice from the Historic Districts Commis- sion of a public hearing to be held on the application of the Masons for a permit to demolish or remove the house and barn at 1162 Massachusetts Avenue The Chairman said that this notice is just for our information,. The Chairman read a letter from the U.S. Department of the Interior, National Park Service, in answer to our inquiry about a newspaper article concerning the acquisition by the Federal Govern- Federal ment of Lexington Green and Buckman Tavern. The letter states that Government the Secretary of the Interior had proposed the establishment of only three more parks connected with the American Revolution and the Lexington Green and Buckman Tavern are not desired and were only included as landmarks in the forthcoming Bicentennial celebra- tion. The Chairmanread a letter from the Sheraton Motor Inn regarding a request to extend the hours of operation on New Year' s Eve to Sheraton 100 a.m. to apply to the dining room (Dunfey's Tavern), the Tavern Motor Inn - Lounge and one main ballroom. New Year' s Upon motion duly made and seconded, it was voted to grant per- Eve mission to the Sherator Motor Inn to extend the hours of operation on New Year' s Eve to 100 a.m. in the dining room (Dunfey'S Tavern), Tavern Lounge and the main ballroom. The Chairman informed the Board that a date must be set for the closing of the Warrant for the March Town Meeting. Closing of Upon motion duly made and seconded, it was voted to close the Warrant Warrant for the Annual March Town Meeting on January 4, 1971 at March 12 00 noon. Meeting Mr. Greeley said that the Building Inspector was to report to 1265 Mass. us on the status of the various permits at 1265 Massachusetts Ave- Avenue nue. Mr O'Connell said that he as received the report from the Building Inspector and shall bring it to the Board on next Monday evening. The Board discussed the report of the Committee on Procedures Street of Street and Sidewalk Reconstruction, as amended at the meeting on Committee December 7, 1970 The Board agreed to accept the report, as amended, Report including the deletion of Paragraph 5 under implementation. R31_ 6 Upon motion duly made and seconded, it was voted to accept the amended report of the Committee on Procedures of Street and Side- walk Reconstruction. REPORT OF COMMITTEE ON PROCEDURES OF STREET AND SIDEWALK RECONSTRUCTION Purpose, To enable the town to more properly meet the needs of its' citizens for an adequate street and sidewalk reconstruction program. To enable citizens to better understand the street and sidewalk re- construction program To enable those citizens who are directly affected by street and sidewalk construction through the physical improvements to their neighborhoods and by the burden of additional improvements and betterments taxes, thereon, to have a more direct voice before the actual contracts are awarded and the reconstruction undertaken To establish a more realistic annual Capital Expenditures Budget. To make better use of the Engineering Services and the Engineer- ing Department and the annual expenditures therein. To provide for a more rapid acceptance of new streets, thereby allowing for better care and maintenance of the town, which will in turn prevent more costly reconstruction at a later date PLAN PHASE I PUBLISH STREET AND SIDEWALK LIST; HOLD PRELIMINARY JUNE HEARING In the Spring the Selectmen will decide on the list of streets and sidewalks to be considered for reconstruction, publish the names of these streets and sidewalks, and set dates in June for preliminary hearings for all interested Citizens. The purpose of these preliminary hearings will be to obtain information from interested parties regarding need for improvements and suggested major design features. Information as to probable design will be provided by the Town Engineer to the extent such information can be made available without special surveys or detailed plans PHASE 11 PREPARATION OF PRELIMINARY PLANS During the Summer months the Town Engineering Department will pre- pare preliminary plans based on a current field survey of the streets and sidewalks to be recofs*ructed. The design will take 317 into account the aesthetic as well as 9 en ineerin problems, includ- ing ing proposed tree planting and landscaping Design criteria will be flexible and may include sidewalk and slope easements to pre- serve natural features, varying width of streets, sidewalks, and grassed areas, etc consistent with safety and good engineering practice. PHASE Ill FALL HEARING ON PRELIMINARY PLANS In the Fall , there will be public hearings based on the completed preliminary plans No later than one week before the Fall Hearings the proposed Streets or sidewalks to be reconstructed will be staked out with orange markers in the ground and markers on those trees recommended for removal PHASE IV REVISION OF LIST On the basis of those hearings the Board of Selectmen will determine which projects are to be included for recommended Town Meeting ac- tion, and will establish the general design criteria for such projects PHASE V PREPARATION OF FINAL PLANS TOWN MEETING ACTION Based on the Fall hearings and the established design criteria, final construction plans will be prepared When completed the plans will be submitted to the Board of Selectmen for preparation of an article for the appropriation of construction money by the Town Meeting. Detailed cost estimates will be made or, if possible, bids will be taken prior to the Town Meeting, so that the exact amount of funds required can be determined. IMPLEMENTATION I . Declare a moratorium on the usual annual street and sidewalk con- struction program, except for those sidewalks essential for the safety of school children. 2. The 1971 Town Meeting should have an article specifically allo- cation funds for the design and engineering of streets and sidewalks proposed for reconstruction A similar article should be repeated annually based on a projected long-range program for street and sidewalk reconstruction 3. The plan should be put in operation for actual construction moneys to be appropriated by the 1972 Town Meeting and annually thereafter 4. Construction moneys to be appropriated should include sums re- quired for tree planting and landscaping, as proposed in the final plans prepared in Phase IV of the plan 318 The Board discussed the vacancy on the Committee due to the resignation of Charles Abbott Appointment Mr O'Connell said that he had talked with Malcolm R Gavin, Assistant Department Head of Underground System for the Boston Edison Company and he would be happy to be on the Committee. Upon motion duly made and seconded, it was voted to appoint Malcolm R. Gavin, 24 Normandy Road, Lexington, as a member of the Committee on Procedures of Street and Sidewalk Reconstruction. The Board discussed the Memorandum of Agreement between the Chapter 90 State and the Town to construct a pavement, install drainage and otherwise improve a section of Worthen Road at Sherburne Road and extend in a southerly direction to Marrett Road, Route 2A Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session 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. After discussion of matters tt financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 05 P.M A true record, Attest oft°4 jlitr Dov C Executive Clerk, Selectme