HomeMy WebLinkAbout1978-09-18-BOS-min 340
SELECTMEN'S MEETING
September 18, 1978 ,
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, September 18, 1978 at 7 30 P.M.
Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson-
Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town
Manager; Mrs McCurdy, Executive Clerk, were present
NET&T Co Chairman Battin opened the hearing on the New England Telephone Company
Conduit petition to lay conduit on Lincoln Street, east of Marrett Road
Lincoln St Notices of the hearing had been sent to the abutters, as listed on the
petitioner's plan, and filed with the Public Works Department
Mr Daniel Yauckoes, representative of the Telephone Company, said that
this petition is to request permission to install the underground conduit to
service the Curtin Realty Trust Office Building.
A report from Mr Warren Empey, Acting Director of Public Works/Engineer-
ing,recommended approval of the petition
No one was present in favor or in opposition and Chairman Battin declared
the hearing closed
Upon motion duly made and seconded, it was voted to grant permission to
the New England Telephone Company for the following location Mr Crain ab-
stained
Lincoln Street on the northerly side, from existing pole 55/43
located. approximately 183'+ east of Marrett Road,
westerly, approximately 75'+ to private property
#271 Lincoln Street; approximately 75'+ of conduit.
NET&T Co Chairman Battin opened the hearing on the New England Telephone Campany
Conduit/ petition to lay conduit on Massachusetts Avenue and to install one manhole
Pedestal and one pedestal terminal on the easterly side of Hastings Road
Mass. Ave Notices of the hearing had been sent to the abutters, as listed on the
Hastings Rd. petitioner's plan, and filed with the Public Works Department
Mr Daniel Yauckoes, representative of the Telephone Company said that
this a rather large conduit request to rehabilitate the Massachusetts Avenue/
Cedar Street area and it is designed to improve the service
Chairman Battin read a report from Mr Coscia, Acting Director of Public
Works/Engineering, recommending that the petition be approved All excava-
tions near the tree roots shall be done by hand-digging and the pedestal
terminal shall be landscaped to the satisfaction of the Lexington Tree Warden.
A letter from the Chairman of the Historic Districts Commission stated that
the Commission had no objection to anything done below ground However, we
do oppose the erection of a pedestal terminal in Hastings Park as the Tele-
phone Company well knows by a Notice of Determination dated April 12, 1978
disapproving their application If it is their position that the pedestal
terminal is not in Hastings Park, we disagree We consider that the Park
includes the entire area up to the paved road used by motor vehicles Any
other interpretation would make a mockery of a statute designed to protect
the beauty of the park We, therefore, recommend that the petition be dis-
approved. ,
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Selectmen's Meeting - 2 - September 18, 1978
Mr Coscia was present and informed the Board that the plan shows the
layout line and the Historic District's line as one and the same However,
there is a distance of 12 feet from the edge of the pavement to the H D line
and we own it as a public way; therefore, there is no jurisdiction of the
Historic Districts Commission The proposed pedestal size is 6 feet instead
of the one shown on the plan as being 5 feet high At this point in time,
he only opposed the height of the pedestal
Mr Louis Visco, 2118 Massachusetts Avenue, Mr James Sullivan, 14
Hastings Road and Steven Sitzman, 6 Hastings Road, were present as abutters
and asked for more information from the Telephone Company on the location of
the pedestal terminal and the effect on their property.
The Board agreed that more information should be presented by the Telephone
Company on the location and size of the pedestal terminal.
Upon motion duly made and seconded, it was voted to table the New England
Telephone Company petition to lay conduit and install a pedestal terminal in
the Massachusetts Avenue/Hastings Road area
Mr Crain did not take part in the discussion and abstained from voting
The Board voted to approve a request for a bake sale and a block party Permits
Upon motion duly made and seconded, it was voted to grant permission to
the Pilgrim Church for a bake sale on the Visitors' Center grounds on
October 5 from 10 00 a.m to 2 00 p.m Also, to grant permission for a block
party on Clyde Place on September 30 from 2 00 p.m. to 7 00 p.m
Upon motion duly made and seconded, it was voted to approve the minutes Minutes
of the Selectmen's meetings held on July 31, 1978, August 21, 1978, and the
executive session of August 28, 1978
Upon motion duly made and seconded, it was voted to proclaim the week Prodla-
of October 2 through October 7, 1978 as United Way Week mation
Upon motion duly made and seconded, it was voted to sign Contract Contract
#79-2-E, awarded on September 11, 1978 to Starrett Paving Corporation, #79-2-E
Marlboro, for street resurfacing in the amount of $55,786.25 subject Street
to approval of Town Counsel as to form. Resur-
Mr Hutchinson recommended that the Board award the contract for a facing
fire truck to the second lowest bidder, Continental Fire Truck of Hopkinton,
Mass which includes a trade-in vehicle The lowest bidder, Maynard Fire Fire
Apparatus did not meet the specifications Truck
Upon motion duly made and seconded, it was voted to award the contract
for a fire truck to Continental Fire Truck of Hopkinton, Mass
Upon Mr Hutchinson's recommendation, the Board voted to send a letter MAPC 208
to the Executive Director of the Metropolitan Area Planning Council concern- Water
ing a review of the draft copy of the 208 Area-wide Water Quality Plan and Quality
to include specific comments from town boards and staff Generally, the
town agrees with the recommendations and in a number of cases has already
implemented them, including the proposed model Sewer Use Law now effective
in Lexington; a number of other recommendations will be implemented in the
near future Some areas, valuable to Lexington, are not addressed, such as
342
Selectmen's Meeting - 3 - September 18, 1978
no reference to the Shawsheen and Mystic River Watersheds The Town could
have a substantial impact on these and they should be reviewed to obtain
a more comprehensive review of drainage in Lexington There is incorrect
information in the report stating that the Lexington landfill is located
on the Munroe Brook and is one of the two primary pollution sources to the
brook There is no landfill on the Munroe Brook. Also, the cost data used
appears to be out-of-date, based on our cost estimates
Sewer Ext Mr Hutchinson recommended that the Board approve the requests of Mr
Colangelo & Colangelo and Mr Gompers to extend sewers to service property that they
Gompers own on Hartwell Avenue Sewer lines would be in the public way and it
would be necessary for the town to put them in as part of the overall
sewer program The advantage that we would gain is that we do not have
to expend that money to put in sewer lines for the developers These
lines should be authorized as they pose no technical problems and they
must meet the requirements of the Board of Selectmen's sewer Policy
DPW is somewhat concerned abut this process but Fred Bailey has pointed
out that the policy was designed to accomodate these types of requests
The Colangelo project would require the installation of approximately 600
linear feet of 8" gravity sewer main along the westerly sidelines of
Hartwell Avenue from lot 10 on Assessors' Map 74 to the existing Sewer
near the common boundary line between lots 8A and 9 on Hartwell Avenue.
The Gompers project would require the installation of approximately
700 linear feet of sewer force main along the westerly shoulder of
Hartwell Avenue from a proposed privately owned and maintained sewer
pumping station on lot 4, Assessors' Map 80, to the existing sewer at
the intersection of Hartwell Place
After discussion, the Board agreed to both sewer extensions
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Manager and to grant permission to Mr Michael
Colangelo to extend the sewer at 20 Hartwell Avenue, and to Mr David
Gompers to extend the sewer line to service Kiln Brook Office Park at
Hartwell Avenue, subject to the requirements outlined in the Selectmen's
Sewer Policy Mr Hutchinson agreed to make the necessary arrangements
with Mr Colangelo and Mr Gompers
Hancock Mr Hutchinson informed the Board that the lottery had been held for
Condominiums the Hancock School condominiums and nine of the eighteen units are to be
for Lexington residents
Sump Pump Mr Hutchinson reported that at the present time we have had twelve
Violations responses to the notice concerning sump pump violations; 7 have been con-
firmed violations, 3 have proposed taking action for correction, and
we are dealing with the others In most areas, it was found to be a
simple correction Also, dye-testing will be conducted in the Grant
Street/Saddle Club area, and the Hayes Lane By-pass is now completed
and being reviewed with Whitman and Howard in order to alleviate some
of the problem areas, especially in the Center Mr Hutchinson will
report back in a month
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Selectmen's Meeting - 4 - September 18, 1978
Chairman Battin discussed a memorandum from the Lt Governor's Lt Gov.Memo
office concerning federal-state-local issues which were reviewed at a Fed/State
meeting of the Local Governor's Advisory Committee Several items are of Local
interest to Lexington The most serious cuts proposed are for CETA; Massa- Issues
chusetts could lose $49 million if all cuts go through The one they were
particularly pleased about was the Labor Intensive Public Works, which is
for a reconstruction and rehabilitation program. This relates to the re-
habilitation and reconstruction of sewers The Lt Governor's office sug-
gested that in order to take advantage of this, each town's Public Works
Department should make a rough inventory of what they would like to do
and in what order Regarding Section 312- HousBRehabilitation Loans, it
looks as though the Adminstration-proposed $150 million increase will go
through. The Board agreed to notify the Housing Authority to be ready
if and when that money comes through Livable Cities (HUD) - the Admin-
istration proposed a $20 million program to provide grants to local govern-
ments, private non-profits, community organizations for projects which have
the potential for revitalizing communities, enhancing community identity
or pride and for contributing to expanded cultural opportunties for low and
moderate income residents in cities Chairman Battin said that possibly
our Senior Center might qualify for this and we should keep informed
Urban Parks-the Administration had proposed a $150 million a year 5-year pro-
gram for matching grants to rehabilitate parks and recreational facilities in
hard-pressed urban areas - they suggested that even suburban areas do an in-
ventory on our recreation and open space needs, and it was agreed that the
Town Manager is to alert the Recreation Committee of this potential increase
On August 16, the President signed four executive orders, one of which es-
tablishes a process to study the urban and community impact of agency
activities by requiring agencies to prepare impact analyses on major policy
initiatives This is similar to an environmental impact statement but would
also cover the financial impact of any proposed federal action
The Board continued the discussion of the memorandum of recommendations Selectmeris
of the Chairman of the Board, the Town Manager, and the Executive Clerk Office
concerning the staffing pattern to accomplish the Selectmen's Office re- Reorganize
organization Chairman Battin said that we three agree that the Executive
Clerk and her assistant should be permanently stationed in the Selectmen's
Office The Chairman and the Executive Clerk believe that the assistant
should be an employee of the Board, chosen by and responsible to the Exec-
utive Clerk, with the approval of the Board However, the Manager has mixed
views and feels that the assistant could also be on the Manager's staff and
permanently assigned by him to the Selectmen's Office Chairman Battin said
that,under this option, she raises the question of divided loyalties
Upon motion duly made and seconded, it was voted that the position of
the Chairman of the Board and the Executive Clerk be adopted relative to
continuing the procedure that the Executive Clerk's assistant be am em-
ployee of the Board, chosen by and responsible to the Executive Clerk with
the approval of the Board
344
Selectmen's Meeting - 5 - September 18, 1978
Sel/Mgr's Chairman Battin said that it is unclear- at this time where a third
Staff person should be assigned It is the opinion of the Manager and the
Chairman that all additional staff needed should be the Manager's staff
and be on call of the Executive Clerk as needed to carry out the work of
the Selectmen, with the understanding that the Board will decide what
priority is to be given its business There are certain things we will
say we need to be done by a certain date The Executive Clerk disagrees
with this position and feels that a third person should be a permanent
part of the Selectmen's staff but available to work on other town busi-
ness when not occupied with Selectmen's duties
Mr Hutchinson said that we feel that, administratively, we can
carry out the duties of this organization by working with staff under
the Manager
Mrs McCurdy said that the third person should be part of the
Selectmen's staff because of the heavy workload and the necessity of
fulfilling the Board's requests immediately
Mr Busa was in favor of the third position being assigned to
the Selectmen's Office
Upon motion duly made and seconded, it was voted 4-1 to approve
the recommendation of the Chairman of the Board and the Town Manager
that all additional staff is to be the Manager's staff and be on call
of the Executive Clerk, as needed, to carry out the work of the Select-
men, with the understanding that the Board will decide what priority is
to be given its business
Mr Busa voted in the negative
The Board agreed to assess the matter in two months, or earlier if
the situation warrants discussion
Executive Upon motion duly made and seconded, it was voted 5-0 to go into
Session Executive Session, with no intention of resuming the open meeting, for
the purpose of discussing strategy with respect to litigation and real
estate
After discussion, it was voted to go out of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at
8 55 P M.
A true record, Attest
J?
Eju1I \CCLL4JLj
cutive Clerk, Selectmen