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HomeMy WebLinkAbout1983-08-BOS-min°- SELECTMEN'S MEETING �.r z August 8, 1983 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town office Building, on Monday, August 8, 1983 at 7:34 P.M. Chairman Crain, Mrs. Battin, Mr, Politi, Mr. Sacco, Mr. Mc- Laughlin; Mr. Tonaszuck, Acting Town Manager; Miss Adler, Assistant to the Town Manager and Miss Casey, Executive Clerk were present. The Board met with Mrs., Anne Grady, Chairman of the Garrity House Com- mittee, to discuss - a new charge to and appointment of a new committee or reappointment of the members of the old She informed the Board that six of the members had expressed an interest in reappointment. Upon motion duly made and seconded, it was voted the following charge to the committee The Committee will solicit and receive proposals for the restora- tion of the Garrity House and Carriage House for residential hous- ing, evaluate the proposals and make a recommendation to the Board of Selectmen three weeks before the closing of the warrant for the 1984 Annual Town Meeting. Upon motion duly made and seconded, it was voted to reappoint the following members to the Garrity House Committee: Anne Grady, Chairman, Margaret Brooke, Martin Gilman, Wilbur Jaquith, Richard Morehouse axed Larry Whipple. Additional members to the committee will be appointed after publica- tion in the Minute Man. The Chairman thanked Mrs. Grady for appearing.before the Board and she retired from the . meeting . Garrity Hous e Committee and Charge Upon motion duly made and seconded, it was voted to approve the Selectmen': minutes of the Goal Setting Meeting of June 21, 1983 and adopt the Select- Goal Set - men's Goals - and Objectives for Fiscal Year 1984 as attached. Ling Meet. Upon motion duly made and seconded, it was voted to approve the re- Muzzey quest of Kirk Noyes to amend the unit pricing for Muzzey School to pro- Price In- vide for the construction of five three- bedroom units instead of two. This crease amendment would increase average price of all units by approximately $300. Upon motion duly made and seconded, it was voted to amend the Traffic Traff is Rules and orders as follows: Rules Location Side From To Tyye Park i'np Worthen Rd, Worthen Rd. Westerly 100 Ft. North Mass. Ave. No Parking of Stratham Rd. The Board discussed a request -ftom Capt. Lima for an amendment to the Traffic Traffic Rules and Orders for a "No Parking" restriction from 9:00 a.m. to Rules 6 :00 p.m. - Monday through Friday on Forest Street. The matter had been Forest St. - 2 referred to the Center Revitalization Committee for its recommendations due to the fact that this amendment would mean the loss of several parking spaces. Mrs. Battin, Chairman of the Committee, reported that a meeting had been held on Friday to discuss the problem and the Committee felt that a further traffic study be made before submitting a recommendation to the Board . She stated that the Committee felt that there were three issues to be considered; the question of safety as the street is narrowed when cars are parked there; protection of residential property by not allowing parking to infringe on their rights; and the need to preserve all day parking as much as possible. She stated that several alternatives would be considered and she then moved to table the matter. Dr. Julian Bussgang, 2 Forest Street, reminded the Board that Forest St. was the only street around-the center that has not been restricted and re- quested that this be done. Other residents of Forest Street voiced their concerns regarding the safety factor and the congestion from the all day parking on the street. A suggestion was also submitted'for a "Stop" sign�at the intersection of Waltham and Forest-Streets. The Chairman thanked the residents for their input and stated that the matter would be studied further before any action would taken Upon motion duly made and seconded, it was voted to table the request of Capt . Lima for an amendment to the Traffic Rules and [orders f or a "No Park- ing" restriction on Forest Street, Southerly from Muzzey Street to Waltham Street, Monday through Friday from 9 :44 a.m. to 6:40 p.m. Sewer Use Mr. Tonaszuck requested approval of the Board for updated sewer use Regs. regulations. He explained that this updates previously adopted regulations and incorporates technological and process changes. He explained that the adoption of State Sewer Use regulations is required as part of the Sewer Dis- charge Permit with the MDC and participation in State grant programs. Upon motion duly made and seconded, it was voted to approve the pro- posed sewer use regulations as submitted by the Director of Public Works/ Engineering. Cataldo Upon motion -duly made and seconded, it was voted to approve the lease Lease of 4+ acres of open land off Marrett Road for the period of June 1, 1983 through November, 1983 for $120.04. Street Mr. Tonaszuck informed the Board that he had met with representatives Lighting of the Boston Edison a proposed high - pressure sodium lighting Highland Ave.experimental program for Lexington. This would be a six -month trial period and Highland had been chosen as the location for the experiment. He pointed out that the use of such high- pressure sodium lamps will be an approximate annual savings of $26,989 for the Town. He requested approval of the Board to conduct this experimental program. At the end of this trial program, the neighbors would be asked for their input regarding the permanent acceptability of such lighting. Mr. Politi stated that he could not support this request due to the fact that Mr. Nevin Weaver, 43 Highland Avenue, had objected to the experi- mental program and an alternative location where there was no neighborhood objections had not been provided by the D. P.W. Mr. Tonaszuck and Mr. Crain stated that they had received calls from 3 residents in the area stating approval of such an experiment. Mr. Tona- zuck P ointed out that Mr. Nevn's had been the only objection received in response to the notification sent out by the D.P.W. Mrs. Battin agreed with. Mr. Politi and requested the residents of Walnut Street, which had been suggested as. an alternative, be polled to determine whether or not they would be willing to have the experiment con- ducted in that street. Mr. Crain pointed out that it would be dif f icult to find a perfect situation for an trial, and there would always be concerns that the Board should listen.to and watch carefully. Upon motion duly made and seconded, it was voted 3 -2, Mr. Politi and M rs. Battin voting in the negative, in install six 58 watt 4000 lumen high- pressure sodium vapor luminaires on Highland Avenue for a six month period cammencin in the Fall with the intent of soliciting input from the resi- g dents regarding the acceptability of such lighting. Upon motion duly .made Xx� ade and seconded, it was voted to authorize the Inf.w /In pp Manager to file application for a State grant in the amount of $22,500 filtration for the design phase of the Infiltration/Inflow removal program. Grant Upon matron duly made and seconded it was voted to table the re Poor Farm/ que s t g of the Lexington Housing Authority with regard to the possibility Housing of build in g a house on the Poor Farm land until the next Selectmen's Authority meeting when representatives of the Housing Authority can be present. Upon motion duly made and seconded, it was voted to award the con. Street re-- r reet resurf acin f or Fiscal ' 84 to the Hiway Paving, Inc. of surfacing tract for st g in the amount of $21D,24.4.75 subject to review by Town Cont. 84 - Waltham compa n y E. Counsel and bonding. Upon motion duly ade and seconded, it was voted to grant to Boston Boston Edi Y temporary grant ❑f location to install and remove a tem- son - Tem- Edison Company a P orar Y P orar y screw guy type. anchor at pole 61/123 while relocating one twenty -four porary gray. YP foot steel u pole supporting pole 61/124, approvimately fourteen feet, of loc . • '6" easter from its present location at 1666 Mass Avenue. 1666 Mass. six inches X14 � Y rant of location is granted with the stipulation that the Ave. This temporary g P ublic hearing - required will be scheduled no later than 30 days from August 8. Upon motion dul made and seconded, it was voted to appoint thirty Election _ o Y five Democratic and thirty-seven Republican Elect 'Ion.Offi.cers for terms officers a Y of office expiring September 1, 1984. The Town Clerk - is to be requested P g to notify each election officer. Mrs, B a.ttin submitted the following recommendations from the Center C.R.C. 'on Committee re d location of Putnam Pan- Putnam regarding the propose Revitalization g Pantry try in "Lexington Square ": 1. The Selectmen notify the Board of Appeals that they con- cur with the proposal to build a backyard fence to screen the P roperty from residential abutters. (CRC unanimous) 2. That the Board of Appeals deny the request for a takeout window in order to protect the residential abutters from 4 r� noise and confusion from persons congregating close to their property. (5 CRC members voted for this recommendation --- a 3 against.) f 3. That the Selectmen in granting common victualler license grant an 11:00 p.m. closing time. (6 CRC members voted for this recommendation --- 2 wanted a 10:00 p.m. closing). Mrs. Battin moved that the Selectmen adopt the CRC recommendations as their own and transmit.this information to the Board of Appeals. Mr. Politi stated that he was willing to vote for Mrs. Battin's motion but had concerns regarding the process. He felt that this was a decision that the Board of Appeals is required to make with recommendations from various groups, He felt that the Board of Selectmen had not heard from the neighbors or the person presenting the petition. He stated that his con- cern was being asked to approve a recommendation and make it the Board's recommendation and forward that to another board without being personally g P y familar with the concern or opinions that led the sub- committee to their decisions. He stated that he preferred to forward a recommendation to the Board of Appeals with a statement that, while the Board had confidence in the sub- committee, the Board itself has.not personally reviewed the matter and did not wish to take a firm position. Mr. Emerson of Putnarr, Pantry addressed the Board and explained the ro-- P posed set -up and nature of the business involved. Mrs. Battin suggested that the Board transmit the recommendations of the Center Revitalization Committee to the Board of Appeals with the Select- men taking a position only on the last one and vote at this time to honor the request for an 11:00 P,M. closing time. Mr. Sacco requested requested that each item be voted upon separately. .Board agreed to . transmit the -following otes to the Board of A .r U Upon motion duly Appeals: P made and seconded, it was voted unanimously concur- rence with the-recommendations of the Center Revitalization Committee as follows: 1. Build . a backyard fence to screen the property from residential abutters. 2. Selectmen in granting a common victualler license grant an 11:00 P.M. closing time. Upon motion duly rude and seconded, it was voted 4 -1, Mr. Sacco voting in the negative, on the following CRC recommendation: 3. That the Board of Appeals deny the request for a take -out window in order to protect the residential abutters from noise and confusion from persons congregating close to their property. The Chairman thanked Mr. Emerson for appearing before the Board and he retired from the meeting, Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings of June 13 and June 20 as presented and the minu- tes of the meetings of July 11 and July 25 as amended by Mrs. Battin. a o% -5- Selectmen's Meeting August 8, 1983 Pon Upon motion duly made and seconded, it was voted to approve the re- Water quest of the Director of Public Works /Engineering for the following Abatements water abatements: Reorganized Church of 6 Lantern Lane .$22.00 Est. adjusted Latter Day Saints Margaret Curtis 7 Bedford St. 11.00 Est. adjusted Home Equity 64 Wood Street 30.90. Est.. adjusted Karl Ernst- 37 Eldred St. 277.60 Reading recorded in wrong acct. Mr. Politi reported to the Board -that he and Mr. Baran had inter- Committee viewed 8 of the 13 applicants for appointment to the Human Services Com- Appts. mittee. The - r- emaining applicants will be interviewed on .August 17 and recommendations will be forwarded to the Board after that date. A discussion was held regarding appointments to the Board of Appeals full membership and Associate Membership. Mr. McLaughlin nominated Clarence Turner, presently Associate Mem- ber to full membership for a two --year term to fill the vacancy created by the resignation of Mr. Mabee. Mr. Politi seconded the motion. Mrs. Battin nominated Dr. Eric Clarke to full membership. Mr. Sacco nominated Anne Scigliano to full membership. Upon motion duly made and seconded, it was voted to appoint Clarence Turner to full membership on the Board of Appeals for a two -year term to ? May 31, 1985. Upon motion duly made and seconded, it was voted 4--1, Mrs -. Battin voting for Dr. Clarke, to appoint - Anne Scigliano to full membership on the Board of Appeals for a five -year term to May 31, 1988. Upon motion duly made and seconded, it was voted to appoint the following Board of : Appeals Associate Members for one -year terms to ex- pire May 31, 1984: William C. Hays, Dr. Eric T. Clarke, Jonathan P. Doran, Laurence K. Redgate, The Chairman called for nominations to fill the two remaining open - ings.on the Board of Appeals Associate membership. Mrs. Battin nominated Mary Miley as an Associate Member. Mr, Politi moved to table the appointments of the two remaining vacancies. Mrs. Battin stated that she doubted the legality of leaving the mem- bership with two vacancies and requested a vote this evening. She stated that she would be absent from the meetings until possibly October and she felt that the appointments should be made now -as they are already overdue. Mr. McLaughlin stated that he felt that the four associate members would be able to f ill in on the full Board if someone was absent and saw no problem with the vacancies. Miss Adler is to check with Town Counsel relative to the legality of leaving the positions open. The Chairman asked Mr. Politi if he would be willing to withdraw his motion. '` Mr. Politi stated that he would not withdraw the motion. Upon motion duly made and seconded, it was voted 3 -2, Mr. Politi, Mr. Sacco and Mr. McLaughlin voting in the negative, not to appoint Mrs. Mary Miley as an Associate Member of the Board of Appeals. Mr. McLaughlin requested that the record show that he has high regard for Mrs. Miley, and would be happy to again consider here "when we are look- ing at a couple of people to fill a couple of vacancies' but felt that more than one candidate should be under consideration for filling the vacancies. Mr. Crain stated that he would like the record to show the reason for his support of Mrs. Miley is his long association and knowledge of her versatility, background and fairness. Mrs. Battin stated that these were her reasons for nominating her. Town Celeb. Upon motion duly made and seconded, it was voted to appoint the follow - Com. Appts, ing to the Town Celebrations Committee for three -year terms to June 30, 1986: Robert C. Jackson, C. Jean Coates, Raymond J. Flynn and William P. Fitzgerald. Police Man. Upon motion duly made and seconded, it was voted to appoint the follow - Pol. Com, ing to the Police Manual Policy Committee for one --year terms to May 31,.1984: Appts. Irving H. Mabee, William C. Hays, Gerald McLeod.and Chief Paul. Furdon (staff). Exec. Clerk Upon motion duly made and seconded, it was voted to appoint Beatrice M. Appt. Casey as Executive Clerk to the Board of Selectmen for a one -year term to June 30, 19840 Arts Council Upon motion duly made and seconded, it was voted to table the appoint- ment to the Council for the Arts. One Day Upon motion duly made and seconded, it was voted to approve issuance Liq. Lic. of a one Day Liquor License for RAEDACC Association (W. R. Grace) for August 18, 19830 Mass. Munic. Upon motion duly made and seconded, it was voted to approve Mr. Mc- Meeting Laughlin's attendance at the Annual Meeting of the Mass. Municipal Associa -- Mr. McLaugh- tion scheduled for November. lin There was no Executive Session. Upon motion duly made and seconded, it was voted to adjourn at g:30 P.M. A true record, Attest: � Executive Clerk i Mod 2 : ' SELECTMEN'S MEETING ... ' August 22, 1983 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town office Building, on Monday, August 22, 1983 at 7:30 P.M.. Chairman Crain, Mr. Politi, Mr. Sacco, Mr. McLaughlin; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town-Manager and Miss Casey Executive Clerk were present. The Chairman opened the hearing on the petition of the Boston Edison Company for permission to install approximately. 101 feet of conduit from pole 193/58 to manhole 16357 in Marrett Road. Ms. Carol Clinton, representing the Boston Edison Company explained that the work was necessary in order to improve operating conditions in the area. No one spoke in favor or in oppos i.tion and the Chairman declared the hearing closed.. Upon motion duly made and - seconded, it was voted to approve the re- quest of the Boston Edison Company for permission to install conduit in the following location: Marrett Road - easterly approximately 500 feet west of Waltham Street, thence turning and running northerly a distance of about 101 feet -- conduit. Boston Ediso Conduit Marrett Rd. The Board met with Mr. McLaughlin, Chairman of the Housing Authority, Conservation Ms. Rita Sullivan, Executive Director of the Housing Authority and Mrs. Land /Housing Angela Frick. of the Conservation Commission relative to the recent letter Authority from the Housing Authority expressing an interest in the "Poor Farm" land. Mr. McLaughlin explained that the Housing Authority is interested in lot #6 as a building site but before the expenditure of funds for build- ing plans, assurances that the land would be available to them would be necessary. Mr. Cohen explained that under Article 10 of the 1983 Annual Town Meeting, the Selectmen can convey the entire parcel of land to the Conser- vation Commission or withhold one lot as requested by the Housing Authority. Mrs. Frick pointed out that the Conservation. Commission did not ob- ject to a house being built on the site, but specific plans would have to be presented to the Commission for review to determine if wetlands stand- ards are met. She expressed concern that there would be run -off on the back lands should a house be built on this particular site. Mr. Politi stated that he preferred to convey the land to the Conserva- tion Commission withholding lot #6 for the Housing Authority with the stipu- lation that they come back with a specific plan and should this not meet the wetlands requirements, the land would then be conveyed to the Commission. The Board agreed and Mr. Crain requested Mr. McLaughlin to set a target date in order to settle the matter as expeditiously as possible. Upon motion duly made and seconded, it was voted to transfer, for con- - 2 - servation purposes, the land shown as Lot 19 on Assessors Property Map 58 (off Cedar Street) as provided by Article to of the .1983 Annual Town Meet- ing Warrant, with the exception of Lot #6 which will be held for the Hous- ing Authority pending presentation of building plans to the Conservation Commission, Guide Lic. Upon motion duly made and seconded, it was voted to approve renewal of Renewals the following Guide Licenses: Daniel Alpert Jeff Goldman Richard John David Hamburger Judd Livingston Scott Levingston James Lyons James Macey Mary - Patricia Mauro Daniel J. McGrath Philip Pedlikin Amy Lee Slade Arthur G. Slade, Jr. Mik. Ramala Soparkar Nathaniel Taylor David A. Wasserman David S. Hilzenrath The Upon Theatre Lic. U motion duly de and seconded, it was voted to approve renewal of �' Renewals Sunday and Weekday Licenses for Sack. Lexington Cinema I, Cinema II and Cinema III. Arts Council Upon motion duly made and seconded, it was voted to table the appointment Appt . to the Lexington Council for the Arts. Garrity Hse. Up -on motion duly made and seconded, it was voted to appoint the follow - Com. Appt. ing additional members to the Garrity House Committee: Joanne Gschwendtner, Marjorie Weerts and Ann LaMantia Housing Auth. Upon motion duly made and seconded, it was voted to authorize the Chair- Sec. S Cont. man to sign Section 8, Annual Contributions Contract No. 1218, as requested by the Lexington Housing Authority. Hist. Comm. Upon motion duly made and seconded, it was voted to authorize the Chair - Grant App. man to sign application for grant in the amount of $4,000 for a comprehensive community survey project as requested by the Lexington Historical Commission. Dog Hearing. Mr. Politi reported on the Walker/Acorn dog hearing held on August 17. Walker /Acorn He stated that Ms. Walker, owner of the dog, has had the dog tied and that the neighbors who had complained were satisfied with this arrangement. Upon motion duly made and seconded, it was voted to issue the following order to Ms. Walker: "That the male Sheltie dog named "DeBaux" owned by you is to be kept confined to your property by means of a. tether, chain or rope or other similar method of restraint. If at the end of ten days from the date of this order, these procedures have not been implemented, it will be picked up by the Animal Control officer and will be under the jurisdiction of the Leash Law Administrator." Traff. Safety Upon motion duly made and seconded, it was voted to refer the request Marrett Rd. of Robert L. Martuza, M.D. for "No Parking" signs on Marrett Road /Tufts Rd. intersection to the Traffic Safety Committee for its recommendations. s' Selectmen's Meeting - 3 - August 22, 1983 The Chairman referred the , Board to its ` copies of . a request from the International Association for World Peace to declare September 7 as "Peace Day ". The Manager recommended that no action be taken on the request due to the fact that the Board's policy in the past has been to honor such requests if they are, from local organizations. The Board agreed. Upon motion duly made and seconded, it was voted to award the con- tract for retaining wall construction -- Contract 84-3 -E to the Varrasso Construction Corp., 555 Columbian St., Weymouth, in the amount of $25,500. Request for proclama- tion Contract 84 --3 -E Retaining Walls The Manager requested the Board to authorize execution of and sign Contract Contract #84 -1 -E --- for street resurfacing awarded to the Hiway Paving, 84 --1 -E Inc., Waltham by the Board at its August 8 meeting. Street Re- Upon motion duly made and seconded, it was voted to authorize exe- surfacing cution of and sign Contract #84 --1 -E - Street Resurfacing awarded to the Hiway Paving, Inc., Waltham on August 8. Upon motion duly made and seconded, it was voted to adopt the amend -- Affirmative ments to the Affirmative Action Plan adopted by the Board of Selectmen in Action Pln. 1979. Mr, George Smith, Health Director, reported to the Board relative Board of to the mosquito situation with regard to the EEE cases. He reported Health that there are no cases in Lexington and immediate area but there was a horse death in Marlboro. The Board of Health will be meeting tomorrow evening and will make a decision with regard to spraying the Town. Upon motion duly made and seconded, it was voted to refer Mr. Mc- Laughlin's memo of August 15 regarding traffic flow at the intersection of Waltham Street /Massachusetts Avenue to the Traffic Safety Committee, Center Revitalization and Mr. Arbend for recommendations. Upon motion duly made and seconded, it was voted to appoint Mr. Politi as Acting Chairman from September 3 through September 19, Traffic Saf. . Waltham/ Mass. Ave. Ac t ing Chairman Upon motion duly made and seconded, it was voted, 4--0, by roll call Executive vote, Mr. Crain, Mr. Politi, Mr. Sacco and Mr. McLaughlin, to go into Session Executive Session for the purpose of discussing a matter of litigation with no intention of resuming the open session. Upon motion duly made and seconded, it was voted to adjourn at 8:35 P. M. A true record, Attest: ,-,ou Executive Clerk