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HomeMy WebLinkAbout1969-12-01-BOS-min RI SELECTMEN'S MEETING December I , 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, December 1, 1969 at 7 15 P.M Chairman Cataido, Messrs. Mabee, Kenney, Greelwy and Bailey were present. Mr. Legro, Town Counsel ; Mr. Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, four jurors were drawn, as follows Jurors Robert H. Moulton 146 Burlington Street Philip J. Rulon, Jr. 26 Locust Avenue Eugene Merfeld 8 Rumford Road L Francis Murphy 5 Bennett Avenue Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security or financial interests of the Town or the reputation of any person. After discussion of a matter affecting the finances of the Town, it was voted to resume the open meeting Mr. Legro came into the meeting Rep. Lincoln P Cole, Jr. met with the Board. The Chairman informed the Board that a letter has been received from the Mayor of Newton regarding the Middlesex and Boston subsidy The meeting was called for December 2, 1969 with the towns served by the M & B to discuss a course of action to keep the M & B in opera- tion. Rep Cole and the Executive Assistant to the Board are to at- tend the meeting M & B Mr. Cole informed the Board that the MBTA Advisory Board had recommended cutting the budget $IOM, included in the cut was part of a subsidy for M & B and would only allow them to operate until June 30, 1970 He said that the property owner cannot carry the burden of the MBTA; the total cost to Lexington is $200,000 and reflects $1 on the tax rate, an increase of 50t over last year Many of us in the legis- lature believe we have to go in the direction of the State Department of Transportation and this is what the Budget Committee recommended. Mr. Greeley asked how the Department of Transportation copes with the problem? Mr Cole said that it costs the same amount of money to give the same amount of service but taking it out of a larger pocket The high- ways are completely subsidized and Mass. Transportation is a deficit 607 Mr. Mabee said that an uneconomical route should cease to exist. Mr. Cole said that there are many people served by rapid tran- sit who could not afford cars Mr. Kenney said that they wouldn't run a bus for two people. Mr. Cole said that a problem would be created because people would have to drive their cars if there is no other form of trans- portation; cutting service is not the proper approach The Chairman agreed that cutting service was not the proper ap- proach but with the increase that was predicted for this year and what has been talked about for the future, we just cannot afford it. It was agreed that Rep Cole and Mr. Gray are to attend the meet- ing in Newton on December 2, to discuss the subsidy for the Middlesex and Boston. The Chairman informed Rep. Cole that we would need legislation for sidewalks. Mr. Cole said that it would be no problem as it goes under Home Rule amendment which allows them to get it ill late; anything that re- quires Town Meeting vote would be no problem. Sidewalk The Chairman said that we will have an Article in the Warrant Legislation and would assume we would have to go to Town Meeting first. Mr. Cole said that it depends on the nature of the bill, the charter. The Chairman said that we have just changed these. Mr. Cole said to let him know when we are ready; he retired from the meeting. Mr. Gray informed the Board that he had written to the 4-H Club, at the request of the Board, regarding the inquiry about the use of the Hennessey Property as a horse ring and the use of the stable. Mr. and Mrs. Lloyd were to contact me, but haven't. Mrs. Woodward said that they would like to construct a permanent ring for 4-H activities and while the show would be on, they would like to have the use of the facilities. There are fifty members in the 4-H Club and, for Hennessey teaching children to ride, they would like to have a permanent place Land of their own to carry out these activities The Lexington Light Horse Club would like the use of the facilities for the same reasons. The Chairman asked if they would assume the responsibility of maintenance? Mr Gray replied in the affirmative and said that they would have insurance to cover liability; this would absolve us of liability. The Chairman asked if they have an Attorney? Mr Gray said that they did not, at this point They said that if the Board was respbnsive, I would get in touch with Mrs. Woodward. Mr. Mabee said that other people in the area have been given permission to ride there There are over ten acres there The Chairman said that we wouldn't give the 4-H the whole area; they would need less than an acre for the ring itself The people id the area would still be able to use it We should write a letter stating the exact conditions under which we would let the 4-H and the 50S Lexington Light Horse Club use it We would only consider it for a one year period Mr Gray said that Mr. Colbourne had written a letter to the Board regarding the purchase of the land and stable. Mr Mabee said that he would rather let somebody use it in the proper manner than sell it. The Chairman said that we will answer Mr. Colbourne that we are not disposed to put an Article in the Warrant for the sale of this land. Mr. Robert Howard, Realtor, was present at the meeting and said that Mr Colbourne would like to buy the land to protect the residents and his own land. He asked me to sell the house for him but people have backed off because of the vagueness of the stable. It is impossible to sell the house without the use of the stable and I advised him that it may be possible to rent the stable to the 4-H Club The stable never should have been divorced from the property and it looks to me as though the boundary line is arbi- trary. If Mr. Colbourne bought the land and stable and sold the house, the owner might prefer to keep the stable up himself, rather than the 4-H Club. The Chairman said that there are many different interpreta- tions as to why the Town owns that property. The description on the deed was very clear that it was bought for recreation purposes, not conservation purposes, I , for one, do not think we should take that approach It was agreed that Mr. Gray is to write to Mrs. Woodward asking her to submit a complete outline of the use of the property by the 4-H Club, what liability what they would assume, and a list of planned activities and how they would be carried out; we would require a type of insurance that would free the Town from any lia- bility. It was also agreed to write to Mr Colbourne informing him of the decesion of the Board that the land should remain Town property as it was purchased for recreational use. Mr. Gray informed the Board that a letter has been received from theMassachusettsP.T.A requesting the use of a room for Request meetings to be held four times a year. P T.A It was agreed to write to the Massachusetts P T.A Congress Congress and inform them that a room would be available to them with a charge of custodian' s fees. Mr. Burke said that he had a request from Mr. Dickerman, 27 Baskin Road, to install a drain connection from private proper- Dickerman ty into the Town drain located on Baskin Road and would like to in- Drain stall a catch basin Connection Upon motion duly made and seconded, it was voted to grant permission to Mr. Dickerman, 27 Baskin Road, for a drain connection into the Town drain, subject to the usual conditions and a $25.00 fee. v 5 0 9 Mr. McSweeney recommended that the Board appoint William J Martin, 138 Madison Avenue, Quincy, as Assistant Town Engineer, M- I-A, at an annual ealary of $10,450, effective January 5, 1970. Asst Town Upon motion duly made and seconded, it was voted to appoint Engineer William J. Martin, 138 Madison Avenue, Quincy, as Assistant Town Engi- neer, M- 1-A, at an annual salary of $ 10,450, effective January 5, 1970. The Chairman asked Mr. McSweeney about the Air Force Contract Mr McSweeney said that he had talked with Mr Scurto who said Air Force that he would be in touch with the man who was supposed to draw up these Contract contracts There has been no word from Mr. Greeley, either The Chairman read a letter from the State DPW, listing the bids covering work to be done on the reconstruction of a section of Lowell Street and recommending that the Board award the contract to the lowest Lowell bidder, J.J O'Brien & Sons, Inc. Waltham Street Upon motion duly made and seconded, it was voted to approve the Contract award of a contract for the reconstruction of a section of Lowell Street to the lowest bidder, J J O'Brien & Sons, Inc. in the amount of $94,875. The Chairman read a letter from the Board of Health, asking for an opinion and comments on the request of Ralph and Joseph Cataldo for a permit to have the Town of Arlington operate a sanitary landfill program on their land on Bow Street Board of The Chairman said that there are two separate issues here Health ( I) the standpoint of the Board of Health and (2) we don't think we Cataldo should get into the affairs of the Board of Health, but as far as zoning, we should answer them that we would comment if and when it came to a variance of the zoning by- law As I read the by- law, the only place it is permitted is municipal land. Mr Mabee said that there is a separate district set up for a sani- tary landfill ; if it got to that point, we should comment Mr Legro said that the Board of Health inquired because I cited the statute under which they could grant a permit and the statute says, subject to the provisions of the local zoning by- law. The Selectmen may appeal , within 60 days, to the State Department on the action of the Board of Health Mr. Kenney said that it is established that without either re- zoning or going to the Board of Appeals, a permit could not be issued Mr. Greeley asked Mr Legro who makes the determination under the Hatch Act2 Mr. Legro replied that the Hatch Act expressly excludes land for agricultural purposes The Chairman said that the DPNR ruled that it did not come under the Hatch Act. Mr Legro said that even though it was exempt from the Hatch Act for agricultural purposes, maybe the Board could obtain help from that department. 51O Mr. Kenney asked if the zoning restriction applied also with Arlington and Great Meadows? The Chairman replied, yes Mr Legro said that zoning applies to the action by this Town; it certainly must apply to the proposed action of another town The Chairman said that we will answer the Board of Health that the Board concurs with the opinion of Town Counsel that no permit can be granted until the zoning problem is cleared up The Chairman read a letter from the Planning Board, stating that this Board had voted to approve payment of $2,311 to Louis Stoico, Inc. for the installation in the Paddock Lane subdivision of Stoico drains larger than necessary to serve the subdivision alone, and re- Drains quested that the Board of Selectmen pay the amount Upon motion duly made and seconded, it was voted to approve pay- ment to Louis Stoico, Inc. in the amount of $2023 92, under the appro- priation of Article 36, 1968 and $287 08 under the appropriation of Article 34, 1969 Annual Town Meeting, for the installation :in the Paddock Lane subdivision of drains larger than necessary. The Chairman read a letter from the Metropolitan Area Planning MAPC Council requesting the appointment of a representative to the Council It was agreed to refer the request to the Planning Board for a recommendation. Upon motion duly made and seconded, it was voted to approve the applications for renewal of liquor licenses from the following Liquor Licenses Joseph Trani , Inc. and Battle Green Inn Budget The Board agreed to meet on Saturday morning at 8 30 A.M Decem- Meeting ber 6, to start the discussions on the budget. Upon motion duly made and seconded, it was voted to adjourn at 9 12 P.M A true record, Attest \F� Executive Clerk, Selectmen 7