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HomeMy WebLinkAbout1970-11-09-BOS-min x"70 SELECTMEN'S MEETING November 9, 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, November 9, 1970 at 7 30 p.m. Chairman Cataldo, Messrs Mabee, Kenney and Bailey were present, Mr Legro, Town Counsel ; Mr O'Connell , Town Manager, Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs McCurdy, Executive Clerk, were also present. Hearing was declared open upon application of Lexington Gardens Inc for permission to keep 20,000 gallons of fuel oil in two 10,000 gallon_underground tanks to be used to heat the buildings on the premises located at 93 Hancock Street, Lexington This application is for one new 10,000 gallon underground tank to be installed on the premises Notices of the hearing were sent to the abutters as listed on the records of the Assessors, and inserted in the October 29, 1970 issue of the Lexington Minute-man Application was approved by Chief Spellman of the Fire Depart- Lexington ment Gardens John Milliken, Jr., representing Lexington Gardens, Inc , in- Fuel Oil formed the Board that they are installing a new boiler and a whole Permit new heating plant and need an additional 10,000 gallon tank for #6 fuel oil , the tank will be completely buried The Chairman asked if anyone had questions? Hearing none, the Chairman declared that part of the hearing closed. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to Lexington Gardens Inc to install an additional 10,000 gallon underground tank and to keep and store 20,000 gallons of fuel oil in two 10,000 gallon underground tanks to be used to heat the buildings on the premises at 93 Hancock Street. Hearing was declared open upon petition of Boston Edison Com- pany to locate two poles on Massachusetts Avenue northeast of Marrett Road Notices of the hearing were mailed to the petitioner, owners of the property as listed on the petitioner' s plan, and also filed Poles Mass with the Town Engineer. Ave. North- Mr. Pratt, representing the Botton Edison Company, was present east of and said that this petition is at the request of the Town for two Marrett Rd. poles for street lighting at the intersection of Marrett Road No one appearing in favor, the Chairman asked if anyone was in opposition 27 Mr Robert Perkins, Manager of Minute-Man National Park, was g present and asked what is the reason for the petition? The Chairman replied that the Town has requested that two poles be installed there to light the area for traffic at night for safety reasons Mr Perkins asked if the Board had seen the last plan the State DPW has put out in reference to Route 2A; it cuts across this loca- tion, so these poles actually will be a temporary thing The Chairman agreed Mr Perkins asked if these would be the only poles to be in- stalled at this time? The Chairman replied, yes Mr. Perkins added that when the Park Service gave permission, I understand it was just for the road itself and no other installation for any other facility such as street lights The other question is, would Boston Edison go underground? The Chairman replied that we need a pole to set the light on, regardless, we would need these two poles; it is going to be tempor- ary until the whole area is reconstructed. Mr. Perkins said okay; as I understand it, at this right of way at the new Massachusetts Avenue at the present Route 2A, there are no utilities The Chairman replied, yes Mr Perkins thought perhaps the Park Service could issue Boston Edieon a special use permit for three years, would this be satis- factory? The Chairman asked Mr McSweeney if we own the fee on this area? Mr. McSweeney replied, yes; the Park Services own the land up to the other side The Chairman said he understood the State had turned the fee over to the Town of Lexington Mr Pratt said that his plan indicates it is still a public way. The Chairman said that we could leave it this way, if Park Ser- vices own it, a permit could be issued by them. Mr Perkins agreed; he said that a permit could be issued for three years with no fee. The Chairman said that we will look into it; -he addressed Mr. Perkins and said, as far as you are concerned, you would issue a permit to the Boston Edison Company? Mr. Perkins replied, yes The Chairman said that we will keep you informed. Mr. Pratt said that Mr Jones of the Boston Edison Rights and Permits will contact Mr Perkins The Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company for the following location Massachusetts Avenue, northwesterly side, northeasterly from a point approximately 143 feet northeast of Marrett Road - Two (2) poles 72 Hearing was declared open upon petition of the Boston Edison and New England Telephone Company for the relocation of one pole on Worthen Road, northwesterly side, southwest of Bedford Street, approx- imately 676 feet; one existing JO pole to be removed Notices of the hearing were sent to the petitioners, owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, was present and said that this petition is to clear the road for the sidewalk going in on Worthen Road; the pole will be moved back about lJ1 feet. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company and the New England Telephone Company for the following location Worthen Road, northwesterly side, approximately 676 feet south- west of Bedford Street, One ( I ) pole (existing JO pole to be removed) Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Company for the relocation of four poles on Worthen Road approximately 60 feet southwest of Bed- ford Street, four existing JO poles to be removed Notices of the hearing were sent to the petitioners, owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer Mr Pratt said that this petition is for the same reason as the previous petition; we are pushing the poles back between I and 2 feet No one appearing in favor or in opposition, the' Chairman de- clared the hearing dlosed Upon motion duly made and seconded, it was Voted to grant per(- mission to the Boston Edison Company and the New England Telephone Company for the following location Worthen Road, northwesterly side, southwesterly from a point approximately 60 feet southwest of Bedford Street, four (4) poles (four exitting JO poles to be removed) Mr Zehner, Town Treasurer, met with the Board He requested Town Office the Board to sign the Signature and No Litigation Certificate with Building reference to the bonds of the Town Office Building. Upon motion duly made and seconded, it was voted to adopt and sign the certificates with reference to the bonds of the Town Office Building. Mr. Legro explained that the Selectmen had previously voted to permit 64 Pleasant Street to be connected to the sewer system subject 273 to his approval of the instruments granting the easements and stated Sewer that, in his opinion, the instruments presented to this meeting cor- 64 Pleasant rected the matters which he found objectionable in the instruments Street previously recorded without Town approval Upon motion duly made and seconded, it was unanimously voted to execute, upon proper execution by all other parties thereto, two instruments presented to the meeting by Mr. Legro whereby the Town declines to accept and releases the rights and easements purporting to be granted for the benefit of the property at 64 Pleasant Street in instruments recorded without the knowledge or approval of the Town in Middlesex South District Registry of Deeds, Book 11856, at pages 222 and 223, and declares the proposed sewers in said easements shall be sewer services only and not sanitary sewers of the Town, and whereby the owner of the property at 60 Pleasant Street convenants for himself and his successors in title that said property shall not be connected to the sewer service in his land without first giving notice to the Town, paying the cost of connection and the charge in lieu of betterments and obtaining a Town permit to make such connection Mr O'Connell said that Article 53 of the 1970 Annual Town Meeting authorized the construction of a playground on Garfield Street; the Board asked that it be held up because of the study Garfield being conducted. According to the Planning Board conclusions, Playground the Garfield Playground plans would not interfere with it and my question is, should we go forward? The Board agreed to instruct Mr O'Connell to go forward with the plans for the Garfield Playground Mr. O'Connell said that it would depend on weather conditions. Mr. O'Connell reported to the Board that the perambulation of boundaries had been completed with Belmont and Arlington He be- Boundary lieved that Woburn would not respond to our letter as cities are Perambu- not legally obligated to do this, they did not in 1965 We will lation proceed to line up appointments with Bedford, Lincoln, Winchester, Burlington and Waltham Upon motion duly made and seconded, it was voted to inform the package goods stores to remain closed on Veterans' Day, Novem- ber II , 1970, motels and clubs may serve liquor during the usual hours. ABC Upon motion duly made and seconded, it was Voted to inform the package goods stores to remain closed on Thanksgiving Day, November 26, 1970, motels and clubs may serve liquor during the usual hours Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer to defer for a period of Kroll three years the sewer betterment assessment levied against the Betterment property owned by Mrs Alice I Kroll, without interest, in the amount of $ 1 ,258 88 274 The Chairman read a letter from the Superintendent of the Lexing- Post Office ton Post Office requesting the approval of moving the sign reading Sign - Grant "No Parking Here to Corner" to a more appropriate spot closer to the Street corner of Massachusetts Avenue on Grant Street. Upon motion duly made and seconded, it was voted to refer this request to the Traffic Committee for a recommendation Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on October 26, 1970. The Chairman read a letter from Mrs Susan E. Waldstein, head- ing speech therapist, at the Hancock School , regarding hunting off Waltham Street; she feels that all hunting activity in this area should be stopped immediately Hunting The Board agreed to reply to Mrs Waldstein that this is a Complaint specified area for permits to be issued but the restrictions still hold that a firearm cannot be discharged within 150 feet of a street or 500 feet from a dwelling; no firearm can be carried ex- cept in a broken position along a highway and these regulations are strictly enforced by the Police Department Also, to inform Mrs. Waldstein that the Board has agreed to insert an article in the Warrant for the Special January, 1971 Town Meeting to abolish hunting within the Town The Chairman read a letter from Mrs. Frederick W Tausch, Jr , 6 Fairlawn Lane, regarding the intersection of Lowell Street and Winchester Drive and requesting a crossing guard until the install- ation of a pedestrian light is approved by Town Meeting The Chairman said that Town Meeting appropriated money for this light and the application has been submitted to the State DPW Winchester Mr. McSweeney said that he had talked with Mr. Krekorian, Drive - State DPW Traffic Engineer, regarding the approval of the pedes- Lowell St trian light and also the schedule for construction and installa- Pedestrian tion of it; an immediate reply was requested Light The Chairman said that in the meantime Mrs Tausch is asking for a crossing guard; the salaries for the guards are in the bud- get and the money is all committed. The Board agreed to reply to Mrs Tausch that as soon as we hear from the State DPW we will once again discuss the situation and inform her of the Board' s decision The Board discussed the liquor fee for restaurants. Upon motion duly made and seconded, it was voted to set the Restaurant fee for restaurant liquor licenses at $2500 00 Liquor The Chairman said that all applicants must submit the fee at License Fee the time of application, plus a plan to scale showing entrance and egress, seating capacity; location of tables, storage areas, delivery doors and location of service bar The Board agreed that the owner has to submit a plan and Chief Spellman will have to certify his approval SIJ Mr. Legro discussed the bill submitted by Henry E. Keenan & Com- pany as an expert witness in the case of R Curtis Hamilton, Trustee Keenan vs Town of Lexington, in the amount of $604 55 There is a balance Bill of $5,000 in Article 78 of the 1967 Annual Town Meeting appropriation Hamilton and Mr Legro is to send a letter to the Board requesting payment of Mr Keenan' s bill The Board discussed the Articles for the January II , 1971 Special Town Meeting I . To abolish hunting Warrant 2 By-Law change - mailing the Warrant Articles 3 Acceptance of gift of $300 - Georgie Burr Smith 4 Acceptance of gift of $ 1500 - Katherine Harrington - Seedling forest 5 Authorization to spend Federal funds on relief sewer Mr. Kenney read an item in the Herald newspaper regarding the bi- centennial celebration and recommendations made by Secretary of the Interior Hickel that seven additional sites in Boston be federally Bicen- acquired or administered under cooperative agreements by the National tennial Park System Secretary Rickel noted there were several other land- marks of exceptional historical value such as the Revolutionary Monu- ment on Green and Buckman Tavern The Chairman said that these cannot be taken without us turning them over to them We will write to Secretary Hickel and explain the matter clearly to him Upon motion duly made and seconded, it was voted to go into Exec- utive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, the financial interests of the Town or the reputation of a 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 adjourn at II 05 p.m A true record, Attest 1 >A- Executive,31/3/ Clerk Selectmen