HomeMy WebLinkAbout1978-07-17-BOS-min 292
SELECTMEN'S MEETING
JULY 17, 1978
Jurors A regular meeting of the Baord of Selectmen was held in the Selectmen's
Meeting Room on Monday, July 17, 1978, at 7 30 P M. Chairman Battin, Mr.
Busa, Mrs Miley and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen,
Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy,
Executive Clerk, were present
At the request of the Town Clerk, the following jurors were drawn
Nicholas A. Sorrentino, 15 Crescent _Hill Avenue; Roberta J Servente,
128 Lowell Street; Pauline Solomos, 48 Circle Road; Nora E Cataldo,
43 Rindge Avenue; Kathleen Jung, 70 Emerson Gardens; Jeanette M
Abbruzzi, 526 Marrett Road; Judith K. Sherman, 62 Buckman Dirve;
Robert Gennaro, 108 Winter Street.
Conduit Chairman Battin opened a hearing on the Boston Edison petition to
Bos Edsn install 5 feet of conduit on Worthen Road southwesterly of Bedford St
Worthen Rd. Notices of the hearing were sent to the abutters and filed with
the Public Works Department Ms Carol Clinton, representative of
the Boston Edison Company, requested approval of the petition which
would provide service for the addition to Grace Chapel Chairman
Battin read a recommendation from the Driector of Public Works that
permission be granted.
No one appearing in favor or in opposition, the hearing was de-
clared closed.
Upon motion duly made and seconded, it was voted to grant permission
to the Boston Edison Company for the installation of conduit at the fol-
lowing location
Worthen Road, northwesterly approximately 1,680 feet southwest
of Bedford Street, a distance of about 5 feet of conduit
Poles Chairman Battin opened a hearing on the Boston Edision petition to
Bos Edsn install three poles on Hayden Avenue west of Waltham Street, with a guy
Hayden Ave wire and anchor on the third pole
Notices of the hearing were sent to the abutters and filed with the
Public Works Department Ms Carol Clinton, representative of the Boston
Edison Company, requested approval of the location of the three poles to
provide service for the Hayden Office Trust An additional petition has
been submitted for the installation of a fourth pole in this area and ar-
rangements are being made for a hearing to be held at the next meeting of
the Selectmen Chairman Battin read a recommendation from the Diaector of
Public Works that permission be granted for the three poles
No one appearing in favor or in opposition, the hearing was declared
closed
Upon motion duly made and seconded, it was voted to grant permission
to the Boston Edision Company for the installation of three poles in the '
following location
LAYS
Selectmen's Meeting - 2 - July 17, 1978
Hayden Avenue, northerly side, approximately 625 feet west of Waltham
Street, three (3) poles - guy wire and anchor on third pole; Also,
that permission be and hereby is granted to said company to lay and
maintain underground laterals, cables and wires in the above or inter-
secting public ways for the purpose of making connections with such
poles and buildings as desired for distributing purposes
The Transportation Advisory Committee met with the Board to discuss Trans.Adv
the MBTA intra-town bus proposal Mrs Joyce Hals, Chairman, introduced Com /MBTA
Mrs Sally Castleman to present the information compiled by the committee Intra-town
Mrs Castleman recommended that the Selectmen submit a letter of sup- Buses
port for the proposal that the committee has been working on since the
last meeting with the Board, and which must be submitted to the MBTA by
August 30, 1978 The bus system would provide reasonably priced, con-
venient transportation service for all Lexington residents, especially the
young and elderly; more students could participate in after school activ-
ities without imposing on their parents, and the elderly could get around
Town without feeling dependent on family or friends There would be four
buses with fixed routes, eight would meet in the Center on the half hour
and the hour; service would be during the hours of 7 30 A.M. to 6 00 P.M
during the week, with shorter hours on Saturday An application is to be
made for a grant, and the total gross cost is estimated at $140,000 with
$40,000 to be collected in fares and the MBTA would subsidize the rest at
a rate of 50 percent The Town would be asked for an appropriation of
$50,000 which would be matched by the MBTA If the MBTA accepts the pro-
posal, then Town Meeting would be asked for approval of the $50,000 appro-
priation The current MBTA assessment to the Town is unrelated. to this
proposal If Lexington is selected, the money could be used to have a
private bus system within the Town
Chairman Battin asked if the Town would have to guarantee to put up the
$50,000 if Lexington's proposal were to be accepted A member of the com-
mittee replied that the MBTA understands (the procedure needs to have Town
Meeting approval) as there are a number of Towns submitting proposals
Questions were raised on the costs to the Town if Town departments are in-
volved and, also, on the experiences of other committees The Board was
informed that a half-time person would be hired to supervise the operation
and it was proposed to "contract out" to provide buses and drivers An MBTA
report on Needham, Natick and Bedford's experiences could be made available
to the Selectmen
The Board agreed that the Transportation Advisory Committee is to come
back on August 14 with a draft of a letter to the MBTA to be signed by the
Board of Selectmen in support of the intra-town bus proposal In the interim,
Mr Crain was designated as the Board's representative to work with the Com-
mittee
Mr Benjamin Goodman, President of Metropolitan Coach, met with the Express
Board for an updated report on the express bus service He said that Bus
they are thinking about putting on one more run in the evening The oper-
ation hours have been excellent and the ridership should increase, espec-
ially if there is more publicity He recommended that the Board issue a
new license to the Vocell Bus Company, one of the subsidiaries of the
Metropolitan Coach
294
Selectmen's Meeting - 3 - July 17, 1978
Express BusUpon motion dulymade and seconded, it was voted to sign the Common
P
Publicity Carrier license to the Vocell Bus Company, Mooney Street, Cambridge for
services to be provided as part of express bus service between Lexington
and Boston between the hours of 6 00 A.M. to 9 00 A.M and 4 00 P.M to
6 00 P.M along routes mutually agreed to with the Town Manager's Office;
license expiring December 31, 1978
Lease Parking- Discussion was held on publicizing the express bus service and it was
Behind voted to include publicity on the schedule of express bus service in the
Woolworth's next mailing of tax bills to homeowners of the Town
Mr Goodman and the Transportation Advisory Committee retired from the
meeting
The Board agreed to accept Mr. Cohen's recommendation to sign a lease
for parking land
Upon motion duly made and seconded, it was voted to sign the lease
with Real Estate Investment Trust of America for the parking area behind
Woolworth's at $1.00 per year for the next five years
Traffic Chairman Battin read a report from the Traffic Safety Committee
Harrington stating that in response to concerns of the Harrington P T.A. Committee
School regarding the safety of school children at Harrington School crossings,
Crossings the matter was referred to the State Highway Engineer for review of
the existing 40 MPH speed limit on Maple and Lowell Streets A letter
has been received from Mr. Mistretta, District Highway Engineer, in-
dicating that the existing 40 MPH speed limits are warranted and con-
cluded that no change be made; the Traffic Safety Committee concurs
with this finding and wished to reassure the Board and the Harrington
P T.A that the presence of a crossing guard at those school locations
is the ultimate in protection
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Traffic Safety Committee that no change be made
in the 40 MPH speed limits on Maple Street and Lowell Street in the
vicinity of the Harrington School
Upon motion duly made and seconded, it was voted to approve the
following
Bond Bond in the amount of $2,000 for Barbara S Smith, Assistant Town Clerk.
Recreation Family picnic at Center Field on Sunday July 23, from 4 00 to 8 00
Picnic P M with folk dancing
Ambulance Abatement of ambulance bill in the amount of $15 00 for David Rich
Bill Pelham Road, who is receiving Veterans' Benefits
Com. Vict Common Victualler license for Antonio Mendes Gaspar d b a Christo's
Minutes Selectmen's Meeting minutes of July 3, 1978
29Z)
Selectmen's Meeting - 4 - July 17, 1978
Mr Hutchinson discussed the renewal of the Lodging House license for Wild Acre
the Wild Acre Inn and recommended that the license be extended for forty- Lodging
five days with the full understanding that if the conditions outlined by House
the Public Works Department and the Board of Health are not complied with,
the permit would be revoked. The Town has waited too long for Dr Yudowitz
to resolve the sewer problem and, therefore, it is essential that he com-
ply with all requirements during the forty-five day period.
Upon motion duly made and seconded, it was voted to renew the Lodging
House license for the Wild Acre Inn, 50 Percy Road, for a forty-five day
period ending September 1, 1978, subject to compliance with the require-
ments of the Public Works Department and the Board of Health
Mr Busa discussed the hearing held on July 13 on the written complaint Vlajinac/
of Mrs Radmila Vlajinac, 33 Sherburne Road, that a Doberman-type dog, Bateman
Tripper, owned by Ms. Pamela Bateman, 197 Waltham Street, Lexington is a Dog
nuisance by reason of vicious disposition Mrs. Bateman did not appear
at the hearing Ms Vlajinac testified that the dog comes into her yaad
at all hours, sometimes with other dogs and this results in dog fights
On May 31, the dog was in her yard, jumped on her and knocked her down,
and showed viciousness The police have been called and, after talking
with the owner, reported to her that Ms Bateman was uncooperative about
adhering to the leash law Mr Littleton, Animal Control Officer, testified
that the dog was unfriendly and anyone who tried to remove the dog or capture
him had to contend with his growling and snapping He felt that the dog was
dangerous
Mr Busa recommended that the dog be removed from the Town within fifteen
days.
Upon motion duly made and seconded, it was voted that the dog, Tripper,
owned by Ms Pamela Bateman, 197 Waltham Street, is a nuisance by reason of
vicious disposition and violation of the leash law, and the owner is to be
notified that, by order of the Board of Selectmen, the dog is to be removed
from the Town of Lexington within fifteen days of the receipt of the order.
The Board approved Mr Hutchinson's recommendations for appointments Manager's
Upon motion duly made and seconded, it waas voted to appoint Mr Robert Appts
Eby a member of the Recreation Committee to fill the vacancy created by
the resignation of Mr Daniel Busa
Upon motion duly made and seconded, it was voted to appoint Mr. John
Orcutt, 41 Lincoln Street; Mrs Elizabeth W Reinhardt, 10 Eliot Road;
Mrs Anne Grady, 10 Trotting Hourse Drive, as members of the Historical
Commission Also, to reappoint Mr William Potter a member of the Bd of
Assessors
Mr. Hutchinson recommended that the Board approve the request received Gompers-
from Mr David E Gompers that Kiln Brook Office Park, situated on Hartwell Flood Map
Avenue, be removed from the Flood Boundary Flood Way Map of the Town of
Lexington The Federal Insurance Administration has reviewed the map as
it pertains to Kiln Brook west of Hartwell Avenue and this review, to-
ll' gether with information provided by the Joseph W Moore Company, Engineer
for Mr Gompers, has determined that the Kiln Brook Office Park does not lie
within the regulatory floodway based on minimum criteria for flood plain
management regulations as established by FIA Mr Hutchinson added that
this proposal has already been reviewed by Conservation, Planning Board,
and the Board of Appeals
Selectmen's Meeting - 5 - July 17, 1978
Upon motion duly made and seconded, it was voted to authorize the
Town Manager to write a letter to the Federal Insurance Administrator
to amend the regulatory Flood Boundary Map of the Town of Lexington
by removing the proposed Kiln Brook Office Park from the map
Audit Mr Hutchinson reported to the Board in response to the recommen-
Recommenda- dations contained in the Arthur Anderson audit report Mr Perry,
tions Comptroller, was present
Mr Hutchinson said that suggestions were made about developing an
integrated system plan which involves a rather comprehensive effort by
the Town It is a worthwhile proposal but we are not administratively
Integrated geared to do something of a comprehensive nature at this time However,
Systems we have contracted with Arthur Anderson to work with the Town Manager
Plan and a citizens' committee and the appropriate accounting people to
study not only some of the items we would like to address but specifi-
cally the integration of the school computer in the Town facilities,
and this would be one of the major thrusts of that study They are also
going to work with the Comptroller's office and the Town Manager on the
Internal establishment of a full encumbrance system; most of that work will be
Reporting done by Dick Perry but we feel their experience will help us as well in
addressing this area We would have that study completed by January, or,
sooner, and we will address some of the questions which may arise
Fixed Asset Fixed Asset Accounting Detailed records do exist for insurance pur-
Accounting poses of all fixed assets of the Town We do not have prepared a detailed
property record system and do not give this high priority
Cash Cash Receipts Cash is deposited on a timely basis, normally daily
Receipts The Town Manager is requesting that the Treasurer summarize accommodation
accounts being maintained in various banks with minimum balances We
maintain accounts at banks who submit bids on our notes and bonds
We do not need a check protector as other security measures are in effect
The Treasurer's bank balance reconciliations are now certified by the
Comptroller on a quarterly basis to the Bureau of Accounts As recom-
mended, the detail redonciliation will be reviewed by a representative of
the Comptroller's office on a monthly basis starting September 1
Legally, we cannot integrate Library Trustee accounts
Dual signatures will be instituted after a review of the minimum with the
Treasurer
Purchasing Purchasing• Encumbrance accounting should resolve problems referenced
in the auditor's report Our invoice procedures will be reviewed as part
of this system
Accounting Accounting Records Presently, the Bureau of Accounts is schooling its
Records personnel, using the C P.A 's in generally accepted accounting methods
It is understood that the State Accounting Manual is being re-written, and
instruction classes will be held some time this winter for all municipal
accounting personnel The target changeover date of the State system is
July 1, 1979
Balances are carried over from one fiscal year to another only when
evidence is furnished that the project is incomplete and that financial
activity is still eminent
297
Selectmen's Meeting - 6 - July 17, 1978
III
Miscellaneous Balancesare carried over when activity remains open in Miscellaneous
the account
The revolving funds referenced must legally remain open as there is
still work to be done in those areas
Maintenance of all Town-owned vehicles by D P W is under review
We do provide support services to ohter departments through D P W
Water Department We are investigating utilizing our new terminal for Water Dept
water department billing after we get our tax collection operation squared
away We do not believe that we should charge for the meters since they
are the property of the Town and it is the Town's responsibility to main-
tain them
Pension Cost Accounting A start towards funding was instituted in Pension
the 1978-79 budget with $100,000 and we plan to build on that start in Fund
future years
Internal Control The installation of the terminal in the Collector/ Internal
Treasurer office will provide us the tools to perform more seasonable Control
reconciliation of outstanding accounts
Assessors' Records As part of the revaluation, these records should Assessors'
be placed in a microfiche system. We have investigated Arthur Anderson's
suggestion on Personal Property taxes and found no useful information
available The abatement and collection receipt records will be revamped
in the new system and the real estate tax collection follow-up is being set
up by Town Counsel
IIIPayroll- Change procedures and revised forms will be printed Payroll
Trust Fund Accounting The records of the Trustees of Public Trusts
have been set up on an anticipated income basis and records are now on a
comparable fiscal year with the Town
Mr Hutchinson added that we are working on a number of other items and
we feel these are major steps being taken in the right direction, and we
found the audit a good management tool
Mr Crain commented that, with this input, he would review his notes from
the original audit data and at the next meeting with the Board could have a
meaningful discussion in further detail The Board agreed
Mr Hutchinson informed the Board that the bleachers at the High School High School
have been condemned as they are in need of repair and/or replacement Bleachers
Quotations are now being received and a decision will be brought to the
Board on costs
Mrs Miley asked if it would be feasible for the Vocational High School
to be involved as they are going to build their own addition to the school?
Other Vocational Schools build houses and perhaps this would be an economy
and would be a practical experience for some of the young people
Mr Hutchinson replied that it might be possible but most of our money
is going into lumber costs Serious consideration is being given to just
repairing the bleachers
Chairman Battin, asked that he also check with the Lexington High School
Woodworking on the possibility of helping and Mr Hutchinson agreed to do so
III He also added that this should be a joint venture with the School Department
as the bleachers will be there primarily for their use but are a maintenance
responsibility of the Town
t�98
Selectmen's Meeting - 7 - July 17, 1978
Affirmative Mr Hutchinson asked the Board to sign the Affirmative Action Plan
Action of the Town, as adopted by the Board on June 5, 1978
Policy Upon motion duly made and seconded, it was voted to sign the Affirmative
Action Plan of the Town of Lexington
Mr Hutchinson advised the Board that he had met with representatives
of the Post Office today and they are hoping to look at how their employees
park their vehicles so that their employees might utilize their own parking
lot more, rather than congesting the streets It had also been suggested
that we look at stronger posting in certain areas of Grant Street and along
Mass. Avenue to discourage them from parking in those areas
Pinball - Mr Hutchinson recommended that the Board deny the request for a permit
Elks Club for a pinball machine at the Elks Club The Police Department recommends
that the permit not be issued, and Mr Hutchinson understood that this re-
quest was generated without the approval of the Elks Board of Trustees.
Upon motion duly made and seconded, it was voted to deny the request
of Mr Alan R Levy, 173 Bonad Road, Brookline, for a permit to install
a cocktail table coin operated pingame at the Elks Club, 959 Waltham Street.
Center Mr Hutchinson informed the Board that it is planned to go forward with
Playground maintenance of the soccer field at the Center Playground He felt that the
Soccer Fld Lions Club could be accommodated next year but details on the carnival would
have to be worked out He assured the Board that the concerns which they
had expressed at the last meeting should now be alleviated
Mr Hutchinson asked for the direction of the Board regarding calls
being made to his office from concerned people about lots to be used for
scattered sites He recommended that he work with Mr Temple Scanlon,
Housing Director, to coordinate an information meeting, on an adminis-
trative basis, to educate the people as to what lots have been submitted
to HUD, with the understanding that it is not known at this time which
lots HUD will approve
Chairman Battin was in favor of the meeting as there have been many
calls to Board members and the Selectmen's office also
Mrs Mary Shunney, Chairman of the Housing Authority, was in favor of
the meeting The Housing Authority Attorney has put together a description
and other pertinent information on the lots on the list.
The Board agreed that the Town Manager, working with Mr Scanlon, is
to make arrangements for an administrative informational meeting to be held
soon for a discussion with concerned citizens regarding the list of lots
for scattered sites housing in Lexington
Sewer The Board discussed the Sewer Moratorium.
Moratorium Chairman Battin said that this is a hard choice for the Board of Select-
men We asked the Town Manager to review the moratorium and its effects
very carefully and, a month ago, every member of the Board was prepared to
lift the moratorium. However, during the debate that went on with other
boards, the question was raised of a limited moratorium - just lifting it
in part. The one that the Board was most likely to look at and thought-
fully reject or accept if necessary would be a geographical limitation
299
Selectmen':s Meeting - 8 - July 17, 1978
if it proved the impact of new connections is greater if closer to the
trouble than farther away The majority of the Board feels that they
would have difficulty with a limited moratorium. Almost the entire Board
now feels that there would be difficulty with a limited moratorium which
exempted certain categories of persons, such as single families as opposed
to developers We decided to wait a month until this date to make up our
minds, and directed Mr Kent to meet with members of other concerned boards
to review what might be done in terms of a limited moratorium and answer
some questions which were generated at that meeting There was a meeting
on that Saturday with Mr Kent, Mr Zabin of the Planning Board, Dr Frick
(who had raised some questions at our meeting) , the Town Manager, and there
was input from both the Conservation Commission and the Board of Health The
questions were written out and sent to the appropriate persons for answers;
we did send the whole matter to our Sewer Advisory Committee, who does advise
the Board of Selectmen on sewer matters Mrs Battin asked Mr Hutchinson to
discuss remedial actions which he proposes to take and then comment on the
questions and answers
Mr Hutchinson said that the Hayes Lane relief sewer, which we feel should
have the greatest impact especially in the Saddle Club area, will be put in in
August; we are going through the engineering plans now and it will be in place
before the rainy season. In response to our notice in the water bills, five
people have come forward on a voluntary basis to work with us on disconnecting
their sump pumps He had spoken to the Building Commissioner and the Health
Director about coordinating the enforcement of this starting this month re-
lating to those people who are illegally connected to the Sewer system Com-
plaints to them, subject to a procedure devised by Town Counsel, should be
sent within the next few months. We are further going forward with out Inflow/
Infiltration study, Phase 2, and the experience of other canities has been
that there could be a dramatic relief of inflow problems as the study is in
progress With a combination of these efforts, we feel there should be solutions
to these problems The moratorium has given us a chance to assess the methods we
might utilize but we have no guarantee that without fail these measures will work
through the winter months, but they are the types of corrective measures that
should be in place rather than the moratorium itself They are based primarily
upon finding illegal connections, finding a storm sewer system that might have
been put in years ago tied into the sanitary sewer system, and they would be
corrected on the spot. Questions that have been generated have been forwarded to
the Board but they overlap those generated by Mrs. Kent and Mr Zabin, so answers
are generally in place and have given us additional bases for any decision that
the Board is considering Imposing a limited moratorium would be of no value or
impact; it is not an acceptable approach because it won't control the problem.
Mr George McCormack, Sewer Advisory Committee, said that the committee met
on July 11 and decided that the effectiveness of the existing sewer moratorium
cannot be evaluated; the committee felt that the moratorium alone would not
alleviate the existing problem and unanimously voted to recommend that the
moratorium be rescinded
Soo
Selectmen's Meeting - 9 - July 17, 1978
Chairman Battin said that we have had letters from the Planning Board
and the Board of Health recommending that the moratorium be continued, but
they were written prior to the time that answers to questions were received.
Mr Hutchinson said that the Board of Health does not have answers to
questions so they can't comment
Mr Zabin, Planning Board Chairman, said that his Board had not caucused
but he would reiterate points The Planning Board suggested that if the.mora-
torium were lifted that it be lifted on the basis that as new sewer connec-
tions added effluent to the system, sources of inflow/infiltration be re-
moved and suggested that it be done on a basis that would mean positive,
concrete measures resolving the problem and reducing it on a 1 to 1 basis
In general, the answers to the various questions that were referred to
really support the necessity to take that approach but Mr Cohen was doubtful
about the legality There are two components to the problem, (a) sewers and
(b) water Anything you add to an already overburdened system is going to
make the problem worse The data supplied doesn't answer the question The
second assumption as far as removal of the moratorium is that new sewer
connections would be made over a period of time; positive measures could be
taken to relieve the problem in view of the fact that he understood the
developers' feelings and conservation would probably support it
(Mr Zabin)
One of the points made to him which he thought worth considering is that the
basic assumption for hiring Whitman and Howard is that a very substantial
amount of the problem is caused by inflow; that may be right, and if it is
and it is due to illegal connections, then the wetland problem in the town
had been far worse over the years than the strongest advocate of wetlands
zoning ever imagined it to be Looking at what water in the basement means
realistically in quantitative terms, there are an incredible number of houses
that are draining their basements, into the sewers; that may be so; he also
doubted that a significant contribution to the problem is due to improper
connections from storm drains into the sewer system; that may be so but we
can speculate If the sewer assumptions turn out to be wrong than quite
obviously the major culprit is infiltration, and that indicates that much
of the system is deteriorating probably because it has been built in wetlands
The ground is sinking under the pipes and cracking and the water table is
raised. The financial implications of dealing with this problem are imme-
diately obvious; what it really needs is reconstruction of a substantial
portion of the sewer system If all this is so and then the Board decides
to remove the moratorium, you should remove it with the very clear under-
standing and intention of reimposing it very quickly if it turns out that
the hopeful assumptions are incorrect To remove it with any idea of finality
would be very dangerous and something that we might regret
Chairman Battin said that the Planning Board had suggested a limited
moratorium and to adopt a system that for every 2 gallons of inflow/in-
filtration removed from the system that the Board should permit a maximum
of 1 additional gallon sewage for a new connection The decision as to
how you would do this would be by setting up a priority of new connections
and adopt a list of relevant criteria; this could be subject to bias both
in the development of objective criteria and then in the application and
there would be legal questions as to how we do this Questions were raised
by Mr Cohen and Mr Kent and she felt that the Board would be very
301
Selectmen's Meeting - 10 - July 17,1978
uncomfortable with such a system and therefore would not be prepared to follow
this recommendation; however, the Board appreciated the thought behind it
Mr. Hutchinson said that we do feel our problems are substantially due
to illegal pumping, roof leader connections and possible drain connections
Mr. Martin, Assistant Town Engineer, said that they met with the sub-con-
tractor of Whitman and Howard who is the engineer on the job and they are begin-
ning to develop some of the hard data that will become part of the final report
and the findings that are presented this evening tend to substantiate the opinions
put forth in our memo of June 28 We should point out that the problem is definitely
one of inflow; if we didn't have infiltration there would be room for the inflow.
We should all be aware that the way the study is set up is a little unusual in that
of the 14 mini-systems that are being studied, two of them are in the contract for
advance work In other words, we will be doing phase 2 through a system evaluating
survey on mini-systems in the downtown area and the Sherburne Road/Kendall Road
area, which are known problem areas On the conclusions that the subcontractor
reached on the basis of the study, we know there is an excess of 2 million gallons
generated from those two mini-sytems The final report will be available in a
month, done on a line-by-line survey We know where we are having problems and
it is a matter of going into those sections and isolating them. This is work
that can be done almost immediately by contract The one danger in doing it is
the possibility of losing state and federal aid on the project but those are the
areas directly tributary to the Saddle Club area and correction of the problems
in the two areas would be in excess of 2 million gallons, which would go a long
way to substantially resolving many of our problems
Mr.Hutchinson recommended that the moratorium be lifted.
Chairman Battin to Mr Zabin The Board knows we have a serious problem and
if we vote to lift the moratorium, we are going to continuously review the cor-
rective measures we institute as well as the assumptions we have made, and look
at future suggested solutions and we will then increase or reinstitute measures
as it appears necessary We are not just going to do something and go away and
leave it
Mr Ron Sahatjian, Saddle Club Road, said that he is confused as to what
is the basis of the Sewer Advisory report We haven't gone into the flood
season yet.
Dr.Nill, Sewer Advisory Committee, said that we were unable to decide,
to conclude that there was any benefit of the moratorium He was a strong sup-
porter of some very strong action by the Board of Selectmen and the DPW to solve
your (Saddle Club) problems; everyone is concerned about the problems in the area
but the real problem is inflow If we say to leave the moratorium on, you would
be somewhat happier, in fact we probably all would be Everybody is concerned
abour sewage and saying that we have the moratorium on, so the problem is solved
The fact of the matter is the moratorium probably doesn't make a bit of difference
and if we all went away and said that we have done something for the poor Saddle
Club Road, we would all be mistaken We have to have answers to the inflow problem
so your basements are going to be dry He would do anything to get the problem
resolved so don't delude yourselves in thinking the moratorium is going to help
you at all
Saddle Club resident, Mr Sahatjian said that only five sump pumps were found
If that was going to help, how do we know that the number of sewer connections
between now and next winter aren't going to overcome those sump pumps?
Dr Nill replied that if strong actions are taken, presumably we can eliminate
some of these sump pump connections and it takes a very few sump pump connections
30Z
Selectmen's Meeting - 11 - July 17, 1978
to be removed to make up the difference for all the things that are going to
be put on - all the Ridge Estates and all the building out on Hartwell Avenue;
they don't put much water into the system compared to sump pumps, which are a
tremendous burden on the system, and if we have to recognize that as the
premise we advance on, the moratorium isn't going to buy us much, and we all
recognize that Having it or not having it doesn't make that much difference.
Chairman Battin said that this is a concern shared by the Selectmen-
the Saddle Club area has a serious problem that the moratorium doesn't address
and we have to do something right away; the Hayes Lane relief sewer, removing
illegal connections and taking care of sump pumps, and, as Dr Hill said, we
are doing something If we keep the moratorium on, it is not addressing it.
Mr Hutchinson said that we will provide separate information to the
Saddle Club residents and of all the actions we are taking in the sequence of
events As one who recommended the moratorium initially, it did give us some
time to look at the problem. Dr Ni].]. has said that it is not going to solve
the problem you have
Mr Sahatjian said that it doesn't leave me with a good feeling that it is
going to stop the manhole covers from rising
Dr Hill agreed and advised him to be a strong advocate of other action to
get the dump pumps taken off, by more publicity by way of legal action, which
is available to us, and that's where his energies ought to be. The moratorium
does so little when you weigh it against other considerations of the Selectmen,
namely the people who want to build, etc ; this doesn't have much force
Mr Charles Code, Sewer Advisory Committee, said that the committee did not
recommedd lifting the moratorium; what we said was we were unable to make a
recommendation regarding the extension as its further effectiveness cannot be
evaluated. We did not recommend lifting it As an engineer, he would further
comment that the moratorium, by itself, doesn't solve anything; in fact it
may serve to make people think that the problem has been solved, and we should
make it clear that is not the case Something must be done or we are going to
have a repeat of the problem In his mind, the only thing the moratorium does
is to keep the problem in focus and keep everyone aware of it As far as inflow/
infiltration go, he would have to believe the figures as he had no other informa-
tion but, for one thing, infiltration will continue to get worse if it is not
corrected In other words, if we have a deteriorating sewer system, which seems
a good probability at least in some areas, that's not going to add less flow to
our sanitary sewer system unless we do something to correct the infiltration
Five or ten people have called up and asked naively what are we going to do
about our connections, and there are a lot more of them, probably in the thou-
sands, and this is something that must be corrected There is an additional
problem of public information as people don't know that if they have a storm
drain in their streets they can pump that clean water into it and they shouldn't
put it into the sewer as it was not designed to handle it; they do it because
it is the most convenient He thought that the Hayes Lane by-pass should be
expedited as much as possible but he wondered how much help it will actually be.
In his opinion, the moratorium at this point is not doing us any good and we
can't say it is doing us any harm, except that other things must be done.
You have to get on with the by-pass and any other engineering solutions to
the problem
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Selectmen's Meeting - 12 - July 17, 1978
Mrs Elaine Dratch said that it has been mentioned that the connections of
homes in Ridge 2 would not have a significant effect but it must be remembered
that Ridge 2 and any other new developments that are built are on some of the
remaining wetlands of the Town Most of the properties that will be used will
be in maybe not officially wetlands but in land with a high water table, and
that will influence people to hook up not only their waste water but their
sump pump water when they discover their basements wet; so we are not just
talking about hooking into the sewer systems but those illegally from their
homes. Dr Frick had said that when the moratorium was lifted, immediately
there will be about 350 applications for new building permits and, once they
are given, that will be officially it and the building on them will probably
be for several years Mr Dratch suggested that something be put in the mora-
torium saying that when the building permit is given and if no actual building
has been done on that piece of land, you could reimpose the moratorium on those
pieces of land and those building permits that have not been acted upon
Mr Cohen said that the permits are only good for six months and then expire
Mr. Buse said that the Ridge Estates would probably be the best constructed
according to the water table because, under Ridge 2, they have to build 4 feet
above the high water table, so it would be impossible to have water in basements
if they are 4 feet above the water table
Mr Crain said that he had reviewed the records and within them was an in-
dication that it was felt that to add substantial volumes of sewage to existing
problems at this time might further aggravate and the moratorium clearly last
November was instituted to buy some time to find out the implications of putting
on the moratorium which, as he understood it, obviously did not alleviate the
problem. He had also heard from several people that it has not helped solve the
problem. Someone said tonight that it hasn't done any harm and, as his respon-
sibilities encompass everything in this Town, he believed it is very clear that
it has done some harm. It is very clear that it is oppresive to people who own
land in the Town, some of whom are people who would find moving into Town econom-
ically a very marginal opportunity and with inflation on building rates if the
moratorium continues, and what has already happened to them is that real harm
has been done Since it isn't proven that the moratorium has had a positive
impact, we could be accused of being a party to officially allowing homes pre-
sently connected to sewers to increase in value He felt there are some harmful
aspects of the moratorium, and the Selectmen, with their responsibilities have
to consider everything that is available to them Therefore, he finds himself
in a position where he cannot support the moratorium as he can find nothing to
prove it has alleviated and he believes it is clear that it has done some harm
Dr Cosgrove, Chairman, Board of Health, said that his board had verbally
expressed and had written to the Selectmen regarding their feelings on the mora-
torium. Dr Erdos has covered their feelings on the matter pretty thoroughly,
and he asked that he be recognized
Dr Erdos said that, as the Board of Health, they are concerned about safety,
health and wellbeing of all citizens and with the surcharge in the last few years
being a major problem with raw sewage in homes and pumping into streams, they are
greatly concerned They initially supported the moratorium and supported the con-
tingency plan which was established, and strongly supported positive action of
the 3-phase study which was to lead to the solution of all the problems, utilizing
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Selectmen's Meeting - 13 - July 17, 1978
federal funds for the 3-phase study To date, we have seen no tangible
progress and we felt very strongly about the direction the Town might
take and approve the appointment of the Sewer Advisory Committee and we
realize full well that the emergency contingency plan did nothing except
to continue to ruin the environment and increase the danger of raw sewage.
He mas glad to hear that remedial steps will be taken and the Hayes Lane
by-pass will begin next month but he was not sure of the results Regarding
the moratorium itself, we have been assured on a number of occasions that
this would have little or no effect on the system, and the verbal assur-
ances heard tonight are not backedup by any hard data, and he would like an
engineering study We certainly are aware that the moratorium is only a
small bandaid on a gaping wound. This moratorium, however we can argue
differently, served the purpose and until strict date proves otherwise, he
could consider the moratorium at least about as effective as a thumb in the
dike until we get the real measurement of rain, and perhaps more importantly,
rather than indicating that nothing would be done, keeping the moratorium in
the public eye the Board of Health feels is very important To discontinue
it may give many people a very false sense of security Many people had
asked him, not just those at Saddle Club, if things are better now, can the
moratorium be lifted? He would have to say that things are not better now
and we can tolerate some reasonable calculations that the same unfortunate
situations will not be repeated next fall. In all good conscience, he and
the Board of Health cannot really recommedd lifting the moratorium.
Mr Busa moved, and Mr. Crain seconded the motion, that the sewer
moratorium be lifted.
Mrs. Miley said that she had listened for several weeks and months to
opinions, and she had looked at independent opinions besides the boards etc
in the Town, and she felt that the moratorium should be lifted now She
realized that there are many concerns of the Town and we should be vigilant
and should take steps immediately to see if we can't correct the situation.
Enough people have be n heard from tonight, plus all the others heard from
in the past, that we can do something to change the system and correct it,
and if the moratorium is there only to keep it before our eyes, we ought to
be able to do better than that Therefore, she would go along and vote to
lift the moratorium.
Sewer No one else in the audience wished to comment.
Moratorium Upon motion duly made and seconded, it was voted unanimously to lift the
Vote sewer moratorium.
Mr Hutchinson reminded the Board of the Nation League of Cities and
Towns conference in Boston on July 20 and 21 Chairman Battin is to attend
and she urged other Board members to make an effort to be there.
Parker Mr. Hutchinson informed the Board that Ed Co is occupying 5,500 sq.ft.
School of the Parker School and will also be utilizing another 2,000 sq ft.
Parker Mrs. Miley, Chairman and Mrs. Wheaton of the School Sites Conversion
School Committee, discussed the Parker School The committee had met on July 13
SSCC and recommended that the newspaper ad use "3 acres, more or less" of land
involved rather than 6 7 acres in the entire package.
43O
Selectmen's Meeting - 14 -
July 17, 1979
Chairman Battin said that she would not be in favor of selling
recreation land and,furthermore, the neighborhood looks upon it as
park land
It was the sense of the Board not to dispose of recreation land,and
therefore, 3 acres, more or less, of land would be involved in the
sale of the Parker School
Chairman Battin requested that the Board discuss a questionnaire MSA Annual
from the Mass Selectmen's Association on preferences for subjects Meeting
to be covered in workshops at the MSA Annual Meeting on October 20-21
The Board agreed on the following workshops Human Services, Tax
Limitation Proposals, How to Lobby the Legislature, Solid Waste Dis-
posal, Budgeting, Collective Bargaining and Binding Arbitration, Im-
proving Financial Management, and Municipal Tort Liability
Upon motion duly made and seconded, it was voted 4-0 by roll call Executive
vote to go into Executive Session for the purpose of discussing strategy Session
with respect to litigation and one matter of personal reputation, with
no intention of resuming the open session After discussion, it was
voted to go out of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at
10 00 P.M
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A true record, Attest
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Executive Clerk, Selectmen
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