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HomeMy WebLinkAbout1977-10-31-BOS-min SELECTMEN'S MEETING October 31, 1977 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, October 31, 1977, at 7 30 p m Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr Kent; Mr Perry, Acting Town Manager; Mr Cohen Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Jurors At the request of the Town Clerk, the following jurors were drawn Linda W Conrad 176 Cedar Street Caroline McSweeney 22 Columbus Street Robert H Lewis 25 No Hancock St Mary F Collins 39 Fottler Ave Vivian M. Howard 59 Wood St Harold K. Dillman 19 Walnut St Sally H Louis 8 Skyview Rd Steven A Coval 23 Revere St Poles Chairman Battin opened the hearing on a petition from the New Eng- Worthen Rd land Telephone Company and the Boston Edison Company for the installa- Sherburne Rd tion of one pole on Worthen Road, on the southerly side approximately 60+ feet east of Sherburne Road; one pole on Worthen Road, on the northerly side approximately 140+ feet east of Sherburne Road Notices of the hearing had been sent to the abutters listed on the petitioners'plan and also filed with the Public Works Department A report from the Director of Public Works/Engineering recommended approval of the petition Ms Carol Clinton, representing the Boston Edison Company, and Mr Roland Pinault, representing the Telephone Company, were present Mr Pinault informed the Board that the petition is for the purpose of ser- vicing new homes that have been built in the area 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 permis- sion to the Boston Edison Company and the New England Telephone Company for the following location of joint poles Worthen Road, on the southerly side approximately 60+ feet east of Sherburne Road, one pole, 345/68 on the northerly side approximately 140+ feet east of Sherburne Road, one pole, 345/69 Pole-Worthen Chairman Battin opened the hearing on the petition from the New Rd ,Kendall England Telephone Company for the installation of one pole on Worthen Rd Road, on the northerly side, approximately 18+ feet west of Kendall Road 111 39 Selectmen' s Meeting October 31, 1977 Notices of the hearing had been sent to the abutters listed on the petitioner's plan Questions were raised by Mr Bernstein, 132 Worthen Road, and the Board agreed to table the matter Upon motion duly made and seconded, it was voted to table the peti- tion of the New England Telephone Company until additional information is submitted on cost figures to run the line from Waltham Street vs Kendall Road Chairman Frank Gicca, Louise Maglione, C Eric Ellingson and Grace Bedford Erdman of the Bedford Board of Selectmen met with the Board Sewer Mr Gicca said that a joint line is operated that disposes of sewage collected both in Lexington and Bedford, which connects into the MDC at the Millbrook Arlington interceptor That joint owned line was fine until the spring when we both had difficulty handling the outflow because of a very wet spring As a result, Bedford met with the MDC and after discussion it was agreed that a solution would be to construct a line from the Arlington interceptor at Mill Brook connecting with the Bedford line at the Bedford intersection at the other side of Route 128 As a result of the action, a special town meeting was held in Bedford on May 23, 1977, requesting that the legislators enact a special Act for the Town of Bedford and moving up in priority the Mill- i brook interceptor which had been on MDC's high priority list but had not been previously funded As a result of that action, which was passed on May 23 by a vote of 128-29, the bill was filed in order to enact a law to permit the by-pass to bh constructed and financed This Act was prepared and went through both houses, was passed about a week ago, and given to the governor for execution That Act basically allows this line to be financed and makes it eligible for construction and financing under available state and federal grants and makes it eligible for 90 percent financing from both state and federal sources Section 2 of the Act was initially established to allow the Town of Bedford to assume the responsibility for the remaining 10 percent, as follows "The ten percent of the total cost of this project which is to be borne by the Towns of Bedford and Lexington shall upon vote of the Selectmen of said Town of Bedford be paid in total by said Town of Bedford " The bill is currently on the Governor's desk for final sig- nature and enactment The question came up, understandably, about Section 2 and whether it was Bedford's intent to take an action making Bedford responsible for the 10 percent As a result of this, and in order to clear up questions on the matter, the Bedford Board of Selectmen met last Friday and voted as follows "That the Town of Bedford shall pay in total the ten percent of the total cost to be charged by the Metropolitan District Commission for the construction, including investigations, borings, designs, plans and specifications for the necessary sewers and related works to provide relief for the Millbrook Valley sewer and also the extension of said relief sewers up- ' stream to eliminate the current joint use sewer of the Towns of Bedford 40 Selectmen's Meeting October 31, 1977 and Lexington; and the Town of Bedford shall indemnify and hold harmless the Town of Lexington for any costs in connection with the project " Hopefully, this action on the part of Bedford should relieve any con- cerns which the Town of Lexington may have with regard to the financing of a project which we both feel is necessary to handle what has been an overflow problem this past year, and could continue to be one unless we construct the by-pass lines to provide adequate capacity for both the Towns Mr Cohen informed the Board that he had talked with the Bedford Town Counsel and it was agreed that the Bedford Selectmen would have to confirm their vote of last Friday at one of their regular meetings Discussion was held on the possibility of correcting the original Section 2 in accordance with this recent vote of the Bedford Selectmen and Mr Gicci explained that this might delay matters He pointed out that the reason for the joint meeting of the Board of Selectmen this evening was to assure the Lexington Board that it is their intention to reconfirm their vote Also, there is an emergency rider on the bill to allow the Metropolitan District Commission to proceed immediately with planning the project Mr Bailey read a memo from Mr McSweeney, Director of Public Works/ Engineering, (1) questioning the authority for taking of easements and land for the construction and maintenance of the extension of the Mill- brook Valley sewer within the Town of Lexington by the Metropolitan District Commission; (2) it was his understanding that the Town of Bedford will assume all costs, as Section 2 seems to indicate But the Town of Lexington and/or Town Meeting do not appear to be part of this bill; (3) it was his understanding that 90%-10% projects for water pollution control do not cover the funding for easements, land taking and damages; there is no mention of the Town of Bedford assuming these costs The Board of Selectmen and/or Town Meeting may need an article for the authority and appropriation to cover the work within the Town of Lexington Mr Bailey said that the only way Lexington can be involved in any 10% would be if Town Meeting appropriated funds, and if our Town Meet- ing didn't appropriate the 10%, we certainly aren't paying for anything. Mr Gicci said that the M.D C would make the land takings and they have authorization of $83 million to cover this and other sewer projects The Bedford Board of Selectmen agreed that the Town of Lexington is not to be involved in any appropriation concerning the Bedford relief sewer, and also agreed that a signed copy of the reconfirmation vote of the Bedford Selectmen is to be sent to the Lexington Selectmen Upon motion duly made and seconded, it was voted to allow support for the Bedford sewer bill to be signed with its present wording, in the expectance that the Bedford Board of Selectmen will ratify it earlier, and work with the Metropolitan District Commission, the Lexington Board of Selectmen and the Public Works Department on location The Bedford Board of Selectmen retired from the meeting Mrs Joyce Hals was present at the meeting and the Board of Selectmen agreed to attend the meeting with the Bedford Board of Selectmen and the 4l Selectmen's Meeting October 31, 1977 128 West Resource Recovery Council on November 17 in Bedford to discuss Bedford Re- the proposed Bedford resource recovery site to be located at Hanscom source Recovery Field; also, to discuss the Hartwell Avenue Connector Site-Hanscom Messrs Robert and Paul Mammola, owners of Rosina's Kitchen at Comm. Vict 373A Massachusetts Avenue, met with the Board to request the hours of Rosina's operation of 7 00 a.m to 7 00 p m. Kitchen Mr Robert Mammola informed the Board that they had been operating during the hours of 9 00 a m. to 6 30 p m but when the Board of Appeals had granted them a permit on August 26, 1976 to move the delicatessen from the street level to the downstairs level, the hours of operation had been approved for 7 00 a m. to 7 00 p m Thereafter, they had been operating under those hours until the Selectmen had called to their attention the fact that the current Common Victualler license showed the Selectmen's approved hours of 9 00 a.m. to 6 30 p.m Two abutters, Mr Robert Blouin of 30 Brandon Street and Mr Sey- mour Moskowitz of 36 Brandon Street were present and voiced objections to longer hours, early morning noise by deliverymen, and excessive debris from the dumpster parked in the rear of the delicatessen During discussion, the Board informed Messrs Mammola that they had been operating in violation of the Selectmen's approved hours of operation, and also pointed out that the Board of Appeals' permit stated that the 7 00 to 7 00 hours for 7 days a week were subject to the possible shortening of hours by the Board of Selectmen The Board agreed to approve the hours of 8 00 a.m to 7 00 p m, subject to conditions Messrs Mammola agreed to all conditions, and the abutters appeared to be satisfied with the results of the meeting Upon motion duly made and seconded, it was voted to approve the amended hours of operation under the Common Victualler license expiring December 31, 1977 for Rosina's Kitchen, 363A Massachusetts Avenue, subject to the condition that consideration will be given to the renewal application for a 1978 license if favorable reports are received from the Board of Health, Police and Fire Departments concerning regulations on the inside and outside premises Messrs Mammola retired from the meeting Chairman Battin read a request for an extension of hours on New New Year's Year's Eve Eve hours Upon motion duly made and seconded, it was voted to approve the request of the Sheraton Lexington Motor Inn for an extension of hours under the Innholder liquor license to 1 00 a.m. on New Year's Eve Upon motion duly made and seconded, it was voted to table the re- Proclamations quests for the Board's endorsement of Proclamations for the March of Dimes and the American Diabetes Association Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on September 19, 1977 412 Selectmen's Meeting October 31, 1977 Jury List Upon motion duly made and seconded, it was voted to table the letter from Mr Edward J Sullivan, Clerk of Courts, regarding the selection of jurors Census Chairman Battin read a letter from Dr John Lawson, Superintendent School-Age of Schools, stating that the School Committee had authorized the school Children department to expend the $6,000 it had budgeted for the school census if this meets with the approval of the Board of Selectmen In accordance with the new census law with respect to school-town financial responsi- bility, there has been a change in the school obligation from 57% or $6,000 to 25% or $2,730 of the total cost of the census at $10,500 To avoid a hardship on the town budget this year, the $6,000 could be used by the Town Clerk to conduct the census of school-age children Upon motion duly made and seconded, it was voted to approve the re- quest of the Superintendent of Schools to expend the amount of $6,000 which had been budgeted for the school department census of school-age children Dec 5 Chairman Battin requested the Board to sign the Warrant for the Special Special Town Meeting to be held on December 5, 1977 Warrant consists Town Meeting of 25 Articles, including 14 Planning Board Articles on Chapter 808, re- Warrant zoning, and an easement; 2 Housing Authority Articles on the Woburn Street housing; 2 Citizens' Articles; 3 Articles on the Hancock School, and 4 other Selectmen's Articles on Firefighters' bargaining, By-Law changes, reports from Boards and Committees Upon motion duly made and seconded, it was voted to sign the Warrant for the Special Town Meeting to be held on December 5, 1977 Water Bill Chairman Battin read a request from Mr McSweeney for approval of Abatement an abatement of a water bill which was billed in error Upon motion duly made and seconded, it was voted to abate the water bill of Vaughon Bogosian, 252 Worthen Road, in the amount of $11 25 Appointments The Board discussed appointments to fill vacancies on the Town Celebrations Committee and the Associate Membership of the Historic Districts Commission. Town Celeb Upon motion duly made and seconded, it was voted to appoint Mrs Committee Frances Mallett, 25 Robinson Road, a member of the Town Celebrations Committee to fill an unexpired term of office to April 30, 1978, caused by the resignation of Mrs Ruth M. Mitchell Assoc Memb Upon motion duly made and seconded, it was voted to appoint Ms Historic Linda J McAulay, 4 Lexington Avenue, an Associate Member of the Districts Historic Districts Commission to fill an unexpired term of office to Commission January 1, 1979, caused by the resignation of Mrs Ruth B Adams E P A Chairman Battin read a letter from the Regional Commission of Laboratory Public Buildings Service, General Services Administration, outlining Westview plans for the preparation of an environmental impact assessment cover- Street ing the proposed construction of a solvent and laboratory gas storage 43 Selectmen's Meeting October 31, 1977 building on the site of the existing Environmental Protection Agency Laboratory at 60 Westview Street, Lexington This proposed storage building will cover approximately 650 sq ft of presently unused site area and will be separate from the laboratory building; periodically inspected by E P A. to insure compliance with their safety management program. Mr Hutchinson advised the Board that the Town had no objections to this proposed facility, and the Board accepted his recommendation Mr Buse agreed to represent the Board at the annual award banquet of the Pop Warner Football, Inc , on Friday evening, December 2, 1977 Chairman Battin read a report from the Traffic Safety Committee Traffic in response to a request from the School Department for an opinion on Safety the safety conditions in the Paddock Lane area for children who must Committee- walk to the Bowman School The report stated that the committee had Paddock Lane voted not to make a recommendation regarding this area because, while Area it is possible to determine the relative safety of a specific inter- section, the committee cannot define the safety of an area at any given time The committee strongly felt that there are no unsafe areas in the Town It was also the feeling that this matter is a busing issue and the decision of whether or not the children should be picked up belongs in the hands of the School Committee Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee concerning children in the Paddock Lane area, and to refer to matter back to the School De- partment. The Board discussed a position to be taken on establishing a Sewer temporary moratorium until next spring on the approval of sewer Moratorium connections in the Vine Brook Watershed area After discussion, it was agreed that a decision would be made at the next meeting on November 7, 1977 Chairman Battin read a report from the Traffic Safety Committee Traffic Rules stating that the Engineering Division had checked the intersection of Middle St Middle Street and Marrett Road and all warrants were satisfied; Marrett Rd therefore, it was recommended that the Lexington Rules and Orders be Stop Signs amended to include these signs Upon motion duly made and seconded, it was voted to amend the Lexington Traffic Rules and Orders adopted by the Board of Selectmen on November 13, 1967, as follows By adding to Article VIII, Section 22, Schedule #7, STREET LOCATION REGULATION Middle Street Southeastbound at Marrett Road Stop The Board agreed to request approval of the State Department of Public Works for the above amendment and the installation of the Stop signs 44 Selectmen's Meeting October 31, 1977 Johnson Land Mr Cohen requested the Board to reconfirm the vote of October Taking-Grove 24, 1977 to sign the order of taking of the Johnson land, as requested Street by the Conservation Commission Upon motion duly made and seconded, it was voted to take by eminent domain for conservation purposes the Johnson land located on Grove Street, authorized by the 1973 Annual Town Meeting Approval of the Secretary of Environmental Affairs is to be requested Executive Upon motion duly made and seconded, it was voted 5-0 by roll call Session vote to go into Executive Session, with no intention of resuming the open meeting, to discuss strategy with respect to Town-owned land After discussion of the sanitary landfill, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn& 10 32 p m. A true record, Attest //7G ( fel Executive Clerk, Selectmen