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HomeMy WebLinkAbout1970-09-21-BOS-min 213 SELECTMEN'S MEETING September 21 , 1970 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, September 21, 1970 at 7 30 p.m. Chairman Cataldo, Messrs. 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 Legro said that on July 27, 1970, the Board voted to sell tax title lot 96 Valleyfield Street to Anthony P. and Lillian J. Luongo, and in examining the record, I found that the notice of dis- posal for the Land Court case foreclosing.. . the right of redemption Luongo had not been recorded. Our treasurer gave me copies of four letters Deed dated February 25, 1946 by the Town Treasurer advising the Chairman of the Board of Selectmen, Town Accountant, Collector of Taxes and Chairman of the Board of Assessors that lot 96 had been foreclosed and was the property of the Town Today, I recorded it and now re- quest the Board to sign the deed to convey lot 96 Valleyfield Street to the Luongos. Upon motion duly made and seconded, it was voted to sign the deed conveying tax title lot 96 to Anthony P. and Lillian J Luongo. Mr. Legro said that as the Board recalls, Bolt Beranek and Newman is to provide a plan acceptable for the Land Court for the B.B & N acceptance of their parcel of land on 'Hayden Avenue They agreed Plan with me to do that but the compiled plan was not available and they Extension have requested an extension of the agreement to October 8, 1970 Upon motion duly made and seconded, it was voted to grant an extension to October 8, 1970 of the agreement with Bolt, Beranek and Newman, Inc. The Chairman asked Mr Legro about the Crawford land. Mr. Legro said that Mr. McSweeney has confirmed the accuracy of his plan of the area Mr. Christoforo asked for a copy of the plan Crawford but I don't intend to send him one. Land The Chairman asked if he had talked with Mr. Christoforo about price? Mr Legro replied that until the area was confirmed, I didn't Want to discuss it with him I may have the Order of Taking for next Monday evening. Mr. O'Connell said that he would like to advise the Board of a matter they should be aware of, but he knew of no action that can be Rock Salt taken by the Board We have received three bids on 2,200 tons of Bids rock salt, and all quotations are for $ 16 per ton, from International Salt Company, Chemical Corp. and Eastern Minerals - delivered, no pick-up. In the past, the bids were based on pick up at the plant 214 and on delivery but this year the bids were only on a delivered basis Just to find out if $ 16 was the going price, I checked with the state and the state had not let a salt bid for municipalities; to deliver, the state is getting a more favorable price of from $ 14.30 to $ 15 30, but this is for about $35,000 worth of salt Mr. O'Connell recommended that the award be divided between these three firms. The Chairman informed Mr. O'Connell that the Board would like him to look at the salting policy of the Town, to look into the problems of the Town, i e , where you put salt and to what degree. Salting Mr. Greeley said he would like to hear a more specific comment Policy on the review of the policy. Do you think it might come up with the need for more than 2,200 tons? The Chairman replied, no; I am saying maybe the policy should be to salt just the main roads I think we would use 2,200 tons regardless of where we put it Mr O'Connell said that the bid doesn't say we have to buy 2,200 tons. Mr O'Connell is to take care of the salting matter. Mr. O'Connell said that he would like to bring the Board up-to- date on the status of the requisition on the grant for federal reim- bursement on the Hayden Avenue land taking. The Conservation Commis- sion has gotten an agreement to the extension of the deadline to Hayden December I , 1970; I believe we do have time enough now to complete Avenue the transactions. Mr Greeley asked Mr Legro about the other Hayden Avenue land. Mr Legro replied that the only thing remaining is Bolt, Beranek and Newman plan, and Ropes and Gray have authorized Joyce to prepare a plan, what I want is a plan that is acceptable to the Land Court engineer, and the appropriation is not sufficient for the Crawford land. Valleyfield Realty Trust and Area Realty Trust were completed today The Board discussed the acquisition of the Soule, Frissore Drummer and Drummer Boy properties. The Board agreed that Mr O'Connell is Boy to do research on the three properties and make the necessary in- formation available to Mr Legro in order to consummate these trans- actions Mr. O'Connell informed the Board that Mr and Mrs Pallas, 19 Hayward Ave Hayward Avenue, contacted the Board in 1969 relative to the purchase Tax Title of two lots behind their property On July 7, 1969, the Board voted Lots - to advertise these two lots, lots 124 and 125 located to the north Pallis Tax from 19 Hayward Avenue, for sale and they were advertised in the Title Minute-man Mr. Pal lis made an offer of $1 ,000 for both lots The terms of sale were based upon the planning Board' s recommendation that there would be no building allowed and the land must be com- bined with the lot owned by Mr Pallas Apparently it was not 215 brought back to the Board as to whether the Board would accept the offer and it rested there until I received a letter from Attorney Russian asking if the matter could be expedited. There are no betterments and the two lots are quite small Upon motion duly made and seconded, it was voted to sell and convey to James A. Pallis, 19 Hayward Avenue, tax title lots 124- 125 located to the north from Hayward Avenue for $ 1 ,900; subject to the condition that these Jots be combined with the existing lot owned by Mr Pallis and oot to be used as a separate building lot. Mr O'Connell said that a letter has been received from John G Belcher, 97 Adams Street, requesting a deferment of his sewer better- ment assessment on lot 69/48, in the amount of $603.43 The Town Engineer recommends deferment as it is not feasible to sewer this lot Belcher by the gravity method. Deferment Upon motion duly made and seconded, it was voted to grant a 3-year deferment of the sewer betterment assessment on lot 69/48, owned by John G. Belcher, 97 Adams Street, in the amount of $603.43. Mr. O'Connell presented the Board an award received for the 1968 Town 1968 Town Report from the New England Municipal Report Competition Report The award was accepted by Mr Perry, Comptroller for the Town. Award Mr. O'Connell read a letter from the Conservation Commission requesting that an article be inserted in the special fall Town Meeting for $5,000 as their funds are depleted Mr. O'Connell didn't know of any land acquisition by the Conservation Commission Conserve- that would require and expenditure of $5,000 and he didn't feel he tion Comm could approve this Fund Re- The Chairman said that we could ask for a transfer from the quest emergency fund, if they need it It has been the policy to go to the Annual Town Meeting for this money Mr. O'Connell was instructed to inform the Conservation Com- mission that the Board would request a transfer if the Commission needs it. Mr DeBenedetto, President of Anick Enterprises Incorporated- Dunkin Donuts, 373 Waltham Street, met with the Board to request a Common Victualler' s license be issued to him The Chairman said that Mr. DeBenedetto has applied for the Dunkin license and in his application he applied for 24 hours As you Donuts know, we have received a petition bearing over 200 names recom- mending the hours be granted for 7 00 a.m to 10.00 p.m. When a representative of Dunkin Donuts came to the Town Hall and asked for a building permit, Mr O'Connell was instructed to ask Mr. Irwin to advise Dunkin Donuts that under no conditions would we allow 24-hours, but knowing that these were the conditions they could come to the Town Hall and apply and the hours would be restricted. They have been advised as such and they did not in- form Mr DeBenedetto Mr DeBenedetto is here to set the hours he 21.6 can live with At this point, the Board of Health has not approved this and I told him we could grant the license subject to the ap- proval of the Board of Health and he could open. Mr DeBenedetto said that his purpose here is to see if it is possible to grant my license before the Board of Health has approved it and we could be ready to open on Thursday I have people on the payroll now and would like to open As far as the 24-hour license, I spoke to Mr. Cataldo and was a little disturbed to find out we have a problem. I know of no problem that could come up and last week I said hello to as many people as possible, including abutters. I in- tend to operate the shop myself, with my wife, son-in- law and daugh- ter I hope to be able to operate efficiently and based on polls and figures for a minimum of 19 hours; less than that, you are in trouble as the first two or three years, 95% goes out the window The Chairman said that as I told you, we sympathize with you; it is a lifetime investment but on the other hand you must see our position If we didn't inform Dunkin Donuts of the Town' s policy, especially in this matter here, I could understand some of the thinking; as your builder, Mr Matheson, told you, it took him three months to get a building permit. If this were on Route 128, it would be another situation. The Town is very fussy and very zealous in its thinking Mr. DeBenedetto said, if we could work from 6 a.m to midnight Mr Greeley asked who would come to the shop between 6 and 7 a.m ? Mr. DeBenedetto said that there are people going to work; 6 or 6 30 is when the traffic starts Mr Kenney asked about Dunkin Donuts in Waltham Mr. DeBenedetto said that they are open for 24-hours; they are my nearest competitor The Chairman asked if he considered Bellino's a competitor? He is open from 7 00 a.m to 6:00 p.m. We have not gone beyond II 00 p.m. Mr. DeBenedetto was not familiar with Bellino' s He asked what would be the objection to 12M? The Chairman said, as I see it, if you were in a general busi- ness district, we would have no objection to 12M, but where you directly abut or come within 5 feet of two homes, these people are due some consideration. If you start at 6 00 a.m., you would open up for baking at 4 00 a.m and it is not the type of conditions we would like to create, especially that close. We had the same prob- lem across the street at the Bakerii . You say you are in the middle; we all took the time to tell them and you must recognize our position to our people Mr DeBenedetto asked the Board to give him a fighting chance; we are going from 24-hours and would like 19 hours. The Chairman said that he was not going from 24-hours to 19- hours as we didn't start from there; you could say to go the route and we could say if you are running a good operation, we could ex- tend the hours. 217 Mr. Greeley asked what is the duration for this kind of permit? The Chairman replied, one year. Mr. O'Connell asked Mr DeBenedetto if his franchise pertained to operating hours? Mr. DeBenedetto said that they say 24-hours, minimum of 19- hours. Mr. O'Connell asked how can they include that in the franchise when they don't have the right. Mr. Dan Silverman of Dunkin Donuts was present and said that we don't specify hours. I knew of some problems in that it took three months for the building permit. Our business hours are from 6 00 to 10.00 a.m. and 7 00 p.m. to I2M. Applying for a 24-hour license is a mistake because we knew we couldn't get it I told Mr DeBenedetto to apply as we do; we apply for 24-hours unless the Town Manager says, "no " Mr DeBenedetto said, let' s go for midnight, maybe 1 will close at 10.00 but if I don't have the opportunity to find out . . The Chairman said that the Board will discuss the application and he will be informed of the decision. Later on in the meeting, the Board agreed to grant the license with the hours of 6 00 a.m. to 11 00 p .m Upon motion duly made and seconded, it was voted to grant a Common Victualler' s License to Anick Enterprises Incorporated-Dunkin Donuts, 373 Waltham Street, for the hours of 6 00 a.m to II 00 p.m., with the clear understanding that if there are problems, the Board will reduce the hours. The Board discussed the memo from Mr. O'Connell recommending an organization plan for Lexington' s 1975 celebration The Chairman said that the Board feels Mr O'Connell has a good structure and if it is to be implemented, the Chairman of this com- mittee has to be a dynamic man and a leader. Mr. O'Connell' s out- 1975 lined program is a good approach Celebra- Mr. Kenney said that this would be entirely separate from Town tions celebrations. Mr. O'Connell agreed; we have to keep in mind between now and 1975, we have four celebrations for April 19th. Mr. Bailey recommended that Mr O'Connell work on the first step, as he had submitted it, to develop and submit to the Board of Selectmen an overall concept of what Lexington' s program would con- sist of, its theme, major events, overall time schedule, financing methods, preliminary budget and other general policies. Also recom- mend a Chairman and Vice Chairman The Board agreed and requested Mr O'Connell to implement the first step Mr O'Connell said that the Board had requested him at the last meeting to arrange for suitable representation at the Massachusetts Mass Conf. Conference on Children and Youth to be held at Boston College on Children October 17 He had called Dr. Fobert and his recommendation is Dr and Youth Jack Monderer of the School Department as he feels he would be an appropriate representative of the Town. 21S Upon motion duly made and seconded, it was voted to appoint Dr Jack Monderer to represent Lexington at the Massachusetts Conference on Children and Youth to be held at Boston College on October 17 Snowplowing The Board agreed to discuss the rates for snowplowing at Rates the next meeting on September 28, 1970 Mr O'Connell discussed leaf pickup He said that there is a policy question whether the Board will invoke a regulation ban- ning leaf burning and, if it chooses to do so, will the Town offer any form of leaf pickup service to assist the citizens He; under- stood from the state there is no legal obligation to impose the ban until July, 1971 , but we should get the citizens acclimated as to what is to come. Mr. Kenney said that we haven't applied for exemption Mr O'Connell said that subject to what Mr Legro has said we are exempted automatically Mr Kenney asked if he had thought about an appropriation in March? Mr O'Connell said that anything we do this fall would have to be on an improved basis. Mr Kenney thought there were some people in Town here who would expect that we go along with the start of this. Mr Greeley said we have three alternatives I) the status quo of this year; 2) another bone fide permit from the Fire De- partment, 3) to prohibit burning you have to provide a pick up Leaf of leaves. I don't see how you can go into the next two months i Pickup without people burning their leaves and I don't think a private contractor could handle this; I don't think this is a reasonable thing to put on them. Mr Bailey said that if we are going to accept the final alternative, we would have to ask for a transfer Mr O'Connell agreed; if we attempt to do something this fall , the cheapest way would be to use Town labor and would have to substitute that for their labor and rent a piece of equipment, except for the packer and he supply the labor We would have to ask for an appropraition The Chairman said that unless we get a 60-yard packer like Arlington did, we would spend time going back and forth If we do it, to hire a dump trailer and use our forces for the two pickups, if we go back and forth with our trucks, we wouldn't get the job done I don't know if we could rent a 60-yard one; this is only used on a transfer station Mr. Bailey asked what Miller' s quote was? Mr O'Connell said it was $2600 for a pair of them for a col- lection Mr. Kenney asked if he had estimated, with two packer units, how many working days it would be to sweep the Town? 219 Mr O'Connell replied that we estimated it would take 25 crew days; in other words, 50 crew days to do two sweeps. The Chairman said it would take three weeks with two packers to cover the Town once. The Town has to be covered in one week Mr O'Connell said that we need one of the large volume con- tainers so we won't have to make too many trips to the dump The Chairman said that Def lice has one which is 28 feet long and it would take one-half a day to fill it. Mr. O'Connell said if we could get something like that, we Could beat this figure of $ 1300 The Chairman said he would be in favor of buying one for the Town; we have the tractor sitting there doing nothing. We could probably pick up a good dump trailer Mr. O'Connell said if we rent one locally, we wouldn't be in too bad shape The Chairman said that Def lice would rent it Mr Greeley asked if we used Def lice' s could we collect in the Town in a week? If not, we would have too many headaches. Mr. Greeley asked what is the regulation now? The Chairman said that people have to get a permit as the regu- lation now stands. Mr O'Connell said that he would look into something other than the contract He would come to the Board at the next meeting with a specific plan The Chairman read a letter from the Massachusetts Selectmen' s Association notifying us that the 1969 Town Report had won first Town prize in the Class 1 category The awards will be made at the Report meeting held on Saturday, October 3, 1970 at the Marriott Hotel Mr. Zehner will be present to accept the award for the Town The Board discussed Article 21 of the State-wide Town Meeting Warrant, submitted by the South Hadley Selectmen To see if the Association will sponsor legislation to exclude "municipal employ- State-wide ees." be they hired, appointed or elected from holding the office Warrant of "Town Meeting Member" or in the alternative to require mandatory abstention from voting on articles where the "employee" would stand to profit in terms of wages, salaries or other fringe benefits con- nected with his employment. Upon motion duly made and seconded, it was voted to support the intent of Article 21 of the State-wide Town Meeting Warrant The Chairman, read a letter from the Chairman of the Permanent Building Committee on the proposed new Junior High off Marrett Road. The Chairman said that, basically, his position is, they are New Junior against the recommendation of the Traffic Committee for an alterna- High Access tive access to the school site from Waltham Street Mr. O'Connell said that the recommendation of the Architect was that both Brookside and the proposed new access road be included in the plan There was no inclination to give up Brookside Avenue. 220 The Chairman said that they ask us to consider widening Brook- side Avenue where it touches the school site in order to soften the curve in the access which will exist without this widening They said they will deliver the plans to us showing this proposal . As soon as the plan is submitted, we will discuss it and see whether it is going to be inserted in the Warrant The Chairman read a letter from the Planning Board replying to a request from Dr. Provost of 229 Worthen Road to purchase the tri- Provost angular parcel of land separated from the remainder of Bowman School Request by Worthen Road The Planning Board recommends that the land not be sold at this time in order not to foreclose the possibility for a future laying out or realignment of streets or lands in this area. However, they recommend that the Provosts be permitted to use this land under whatever nominal lease arrangement may be legally possi- ble until such time as the Town' s interests and needs can be deter- mined Mr Greeley suggested a lease of $ 1 a year. The Chairman disagreed Mr Greeley said he would rather have an informal agreement with him if he wants to beautify it. Upon motion duly made and seconded, it was voted to notify Dr. Provost that the Board of Selectmen and the Planning Board concur that in the best interests of the Town this lot should not be sold, and that the Town retain ownership of this parcel until the area is more fully planned Ambulance Upon motion duly made and seconded, it was voted to sign the Abatement ambulance abatement for Florence Sanford, 132 Grant Street, in the amount of $ 10; Mrs. Sanford is receiving Veterans' Benefits Upon motion duly made and seconded, it was voted to sign water abatements for the following Water Coin Laundries, Inc $ 116.30 Abatements James E Day 8.75 Dr. M F Amaral 156 45 Upon motion duly made and seconded, it was voted to accept the Ambulance recommendation of the Tax Collector and sign the abatements of un- collectable ambulance bills, in the amount of $ 150 The Chairman read a letter from the Youth Center Committee re- Youth Center questing a representative of the Board be present at a meeting in the Committee Science Lecture Hall on September 24 at 8 00 p.m. Mr. Greeley said that we can write and say if it is possible, one of the Board will be present I shall attend if 1 can make it Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on August 24, 1970 221 Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on Massachusetts Avenue, from Sewer 2325 Massachusetts Avenue, a distance of 226 feet, more or less, to Order 2377 Massachusetts Avenue The Chairman read a letter from the Chairman of the School Com- mittee and Permanent Building Committee notifying us that a meeting has been scheduled on the proposed Junior High for September 28, at 7 00 p.m. and requests that a representative be present. It was agreed that a member of the Board will attend the meeting The Chairman informed the Board that a letter has been received from Attorney Henry Wise requesting recognition by the Town of the Lexington Lexington Police Betterment Association as the exclusive collective Police bargaining agent for the members of the Lexington Police Department Betterment Mr Legro said that they have complied with their part of the Association agreement to renew the request, and he has received for his assent and filing at the appropriate time a request that the petition for certification be withdrawn and dismissed without prejudice. He feels it is now proper for the Selectmen to so recognize the Association and submitted, for consideration, a form of letter for that purpose, to be sent to Mr McSherry, Secretary of the Lexington Police Better- ment Association Upon motion duly made and seconded, it was voted to recognize the Lexington Police Betterment Association as exclusive bargaining agent for the members of the Lexington Police Department in the rank of patrolman and sergeant (full-time) in matters affecting wages, hours of work and other conditions of employment By agreement of the parties, an instrument will now be filed with the Labor Relations Commission to withdraw the petition for certification and consent to its dismissal without prejudice The Board discussed the request of Thomas Taylor, 64 Marrett Road, to purchase the parcel of land on Follen Road abutting his property Taylor The Chairman said that this is not tax title land and would have Town to go to Town Meeting The question is, does the Board insert the Owned Article or is it to be a Citizen' s Article? Land The Board agreed to write to Mr Taylor and inform him that the authority of the Town Meeting, stating the minimum price, would be required, and to ask if it is his intention to take this to Town Meet- ing as a Citizen' s Article or is he requesting the Board to insert it in the Warrant as a Selectmen' s Article The Chairman read a letter from Howard V Doyle, President of Massachusetts State Council - AFSCME-AFL-CIO, notifying the Board Public that William J Powers is authorized to sign the collective bargain- Works ing agreement in behalf of the American Federation of State, County Union and Municipal Employees, Massachusetts State Council and its affili- ate, Local 1703 222 Mr. Legro said this is not what we asked for, our dealing is with Local 1703 but if they want to have the Massachusetts State Council sign the agreement, I see no harm in it, but the authority ought to come from them The Board agreed that Mr. O'Connell is to set up a meeting with the Union to meet with the Board on September 28 at 7 30 P.M. The Board discussed the Traffic Committee report on School Zones, which states that this information may be of use in considering im- provements for which state aid is available. The recommendations are as follows a Raise one existing sign west of the Adams School Traffic b Add one sign on Grove Street for the Estabrook School Committee c Replace a missing sign on Lowell Street north of the Harrin- School Zones ton School The Chairman said that additional signs are needed on Massachu- setts Avenue for the Muzzey and Munroe Schools, both ways. The Board agreed to write to the Traffic Committee and ask them to look into putting additional signs on Massachusetts Avenue at Muzzey Junior High and Munroe School , and to inform the Committee that the Board feels the suggested improvements, together with these additional signs, should be implemented. The Board discussed the report from the Traffic Safety Commit- tee regarding the petition received from residents of Lincoln Street. The report states I The Town cannot impose arbitrary speed limits. 2 The State DPW generally does not permit the exclusion of trucks from public streets Traffic 3. The old disposal area is not being used for recreation at Committee this time As the future development and use of this land Lincoln may warrant, suitable signs will be recommended by this Street committee to the Selectmen. 4. According to the latest data available, Lincoln Street and Worthen Road do not meet the State warrants for a pedestrian light 5 The Traffic Committee will investigate whether the conditions at Middleby Road junction meet state requirements for the erection of a stop sign and make appropriate recommendations to the Selectmen in the near future 6. As a part of an overall traffic safety campaign, we submit for consideration by the Board the erection in the Five Forks area of a non-standard and non-state regulated sign alerting the incoming motorists in a language similar to the following "You are now entering a residential area of Lexington. Please drive carefully and watch for children, particularly In the vicinity of schools and playgrounds." If this innovation is effective and the reaction is favorable, similar signs could be erected at other principal entrances into Lexington. cc��c� r� 223 The section of Lincoln Street between Marrett and Worthen Roads has been designed as eligible for traffic improvements under the federal TOPICS program The Board discussed the proposal for a recommended sign and it was agreed that the Traffic Committee will come back to the Board with a recommended sign and it could be put up on a trial basis, and we could inform the Board of Appeals. The Board agreed to write to the petitioners on Lincoln Street and send a copy of the Traffic Committee' s report and inform them that although we are in sympathy with their goals, we cannot implement some of the recommendations made in the petition; because of future develop- ment being planned for the Lincoln Street area, it will be kept in constant study. The Chairman read a report from the Traffic Committee regarding Dr Babior' s request for an MBTA bus stop on the Route 2 ramp in the lane for traffic left turn onto Watertown Street going south at the stop sign. The Traffic Committee feels that while this location leaves something to be desired from the viewpoint of traffic safety, it is not unduly hazardous or obstructive under the existing traffic MBTA conditions and is acceptable to the Traffic Committee However, Bus Stop should traffic volumes or other conditIons change significantly, the position of the Traffic Committee would have to be reviewed in the light of such changes The Board agreed to inform Dr Babior, 24 Mason Street, that we concur with the Traffic Committee' s recommendation and request Lincoln P. Cole, Jr , Lexington's representative to the Advisory Board of the MBTA, to convey the Board' s feelings to the proper officials at the MBTA. Mr McSweeney requested the Board to designate a ttreet for Chapter 90 funds; he recommended the designation of East Street, with Spring Chapter Street as the alternate 90 Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer and inform the State DPW that East Street has been designated, with Spring Street as the alternate, for Chapter 90 funds. Upon motion duly made and seconded, it was voted to inform the State DPW that the Town of Lexington will participate in the Chapter 90 Maintenance Program. 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, Exec. 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. 950Upp.m. motion duly made and seconded, it was voted to adjourn at on A true record, Attest , Executive Clerk, Selectmen