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HomeMy WebLinkAbout1976-11-01-BOS-min 234 SELECTMEN'S MEETING November 1, 1976 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, November 1, 1976, at 7 30 p m. Chairman Kassler, Mr. Bailey, Mr Buse, Mrs Battin, Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Miss Casey, Principal Clerk, were present Fire Mr Washburn, President of the Lexington Fire Fighter's Union Fighters and Mr Sullivan met with the Board to inform them that the collec- Contract tive bargaining contract with the Town had been signed in the after- noon Chairman Kassler expressed the pleasure of the Board that the contract had been signed and congratulated Mr Washburn and Mr Sullivan who remained at the meeting in the audience Traffic Mr Irving Kanter met with the Board to discuss the installation Signals of the traffic lights at the corner of Waltham Street and Worthen Waltham & Road Worthen Chairman Kassler The Board voted last year to place a warrant Mr Kanter article before the Town Meeting for signal lights on Worthen Road and Waltham Street This was started at budget time and carried through before I took over as Chairman Mr Bailey was chairman at the time We all assumed at the time this was a rather routine matter of public safety We did everything we do regularly to get information to people It was passed at Town Meeting without de- bate It was a reasonable and sensible approach to the problem Part of the article was the taking of a right-of-way from several owners, including Mr Kanter. It was in the best interest of public safety to do this It was only after Town Meeting that Mr Kanter claims he found out about it It was not our intent to have this slip through It was all done openly He came to me and Town Counsel and the members of the Board and asked that we reconsider A great deal of time was spent with him. The Traffic Safety Committee con- sidered it again The members have the copy of the report con- firming the actions of Town Meeting This was a necessary and sensible action Mr Kanter was given full access to this and all other information Despite this, he wanted to make a presentation to the Board It is everyone' s right to come to the Board when he feels he has been wronged I told Mr Kanter that we would hear him tonight Mr Kanter I received a warrant notice which mentioned the erection of a traffic signal at Waltham Street and Worthen Road I own five acres of land on Waltham Street Originally, the house had a driveway which was the only access to Waltham Street I have lived there 10-1/2 years Five years ago a developer bought the land 235 Selectmen's Meeting November 1, 1976 andut in a street, Bushnell pu ell Drive He built a house on the corner but I still had the right-of-way to Waltham Street I did not go to Town Meeting because I was unaware that the traffic signals mentioned in the Town Warrant would eliminate my right-of-way to Waltham Street This article was presented to Town Meeting by Mrs Miley, the junior member of the Board of Selectmen Mr Kanter read the article as it was printed in the warrant and suggested that there was an ulterior motive in having the article presented in this manner Chairman Kassler stated that no one had a ulterior motive and that Mr Kanter had been given a great deal of time by the Selectmen to discuss the matter Mr Kanter The Traffic Safety Committee looked at the situa- tion in response to a request of the Board of Selectmen to have a certain driveway eliminated in order to erect the traffic signal The intent was to block the traffic island On Walt3m Street as it would be an awkward situation if there was traffic going into this driveway as someone could make a left turn coming out of the drive- way The remedy is not to take an easement 90 years old If you want to make sure that no one goes through it, make a "one way" sign I don't see that it is necessary to take this driveway to point someone coming out and going the wrong way in a one way street The traffic signals could be put up on the other side At Town Meeting the article was concerned with the traffic signal Frank Sandy asked the question about the easement The Town Meeting Members were told about the easement Mr Cohen's answer -- "there is an island here with an opening and cars going in and out of the opening " The Town had applied and been given a permit by the State who said it was not necessary to take this Block the island and put up a "no left turn" or "one way" sign I fail to see there is a safety problem. If you have any arguments, I would like to hear them Mr McSweeney At its meeting of September 21, 1976, the Traffic Safety Committee discussed the traffic signals at Waltham Street and Worthen Road and recommended that the two curb-cuts in the channelizing islands be closed It was felt that uncontrolled turning movements at these locations would be hazardous and detrimental to the operation of the signal system The signal permit issued by Mass DPW calls for their closing Access to Waltham Street via a right-of-way between #2 and #4 Bushnell Drive presents a potentially serious situation A vehicle entering could proceed easterly in the westbound lane of Waltham Street, therefore, the Committee feels that a no-access provi- sion must be instituted on that portion of the right-of-way between the layout line of Waltham Street and the curb line of Waltham Street In order to accomplish this, the Committee recommended that the town take action to discontinue the right of access over that portion of the right-of-way Chairman Kessler Is it the opinion of the Traffic Safety Engineer that the access through Bushnell Drive which is available to all persons is sufficient for the people on the street? 236 Selectmen's Meeting November 1, 1976 Mr Bailey Nowhere did Mr Kanter indicate why it is important to keep this driveway open. Mr Kanter There has never been an accident by anyone making a right turn Mr Bailey If you would, Mr Kanter, tell us why this is preferred to going down Bushnell and going onto Worthen Road? Chairman Kassler You disagree with the Traffic Safety Committee and the engineers We can go on all night State why you do not agree with them. Mr McSweeney This is not an unusual request Two or three other areas in town were faced with the same problem. This is in the best interests of the town Mr Busa I spent 1-1/2 hours with Mr Kanter and the only question he raised was that he couldn't get his mail He can put a mail box on Bushnell Drive There is no inconvenience to come down Bushnell Drive onto Waltham Street I agree with the rest of the Board Mr Kanter I checked with Mass Department of Public Works, John Burke, and he indicated that there is no need for signals there I can't see a safety problem which would be solved by takin3the easement The Traffic Safety Committee did not suggest the easement -- it benefits some neighbors who own the land -- the Town has taken something from me and given it to them Chairman Kassler As far as I am concerned, since you brought this matter up, we have extended you every courtesy we can I, personally, have had enough You deny that there is a safety problem that is going to be helped by this taking and we disagree Mr Steven Richter I live at 17 Captain Parker Arms There is an appearance of improriety here I have heard that the owner of the land under the easement had bought his house at a cheaper price because of that easement It appears that he has gained in the value of the property and he isn't paying for that Does he pay any betterments? Chairman Kassler The appearance of impropriety is not correct Mr Kanter has been given every courtesy by us Mr Richter It was not obvious to me in the town warrant -- it didn't look right -- it looked like there there was going to be nothing but lights being put up Chairman Kassler It is impossible to go around door to door in town to explain so that people can fully understand the warrant Every citizen is given the right to talk at town meeting Mr Bailey It strikes me that Town Counsel rules on the legality of a motion at town meeting I doubt that he would have a Selectman presenting a motion that was illegal This is not the proper forum for that, the court is the proper forum for that Chairman Kassler- I would like someone to make a motion not to rescind the actions of the Town in the taking of this land Upon motion duly made and seconded, it was voted not to rescind the actions of town meeting under Article 34 of the 1975 237 Selectmen's Meeting November 1, 1976 Annual Town Meeting Chairman Kessler Mr Kanter, if you have any further comments, you can handle it through your attorney Mr Louis H. Spencer, Director of the Spencer Funeral Home Mr Louis on Waltham Street and his attorney, James Long, met with the Board Spencer to discuss parking problems on Waltham Street Parking -- Mr Spencer expressed his appreciation for the opportunity to Waltham St meet with the Board to discuss the matter Mr Long stated that Mr Spencer has conducted his business in Lexington Center for the past twenty-six years and is one of the few businesses in the central business district to provide private parking for patrons There are occasions when visitors to his establishment must seek public parking which is seldom available It was pointed out that most of the parking spaces are used by people working in the area and the problem is intensified because of two theatres and three restaurants in the area He stated that many people go to dinner and then to the threatre, thus occupying parking spaces for three and four hours at a time Mr Spencer feels that one hour parking time between the hours of 8 00 a.m. and 9 00 p m. seven days a week as it now is on Fridays would help eleviate his problem The Board discussed the problem and all agreed that there is a great need for additional parking in the Center area Mr Bailey pointed out that one of the items in the report from the Lexington Growth Policy Committee was the need for more parking in the Center, but that Town Meeting won't spend any money for it Mr Buse moved that the matter be referred to the Traffic Safety Committee for further consideration Upon motion duly made and seconded, it was voted to refer Mr Spencer's request to the Traffic Safety Committee for review and fur- ther consideration Mr Perry requested the Board to authorize Mr McSweeney as the Inflow Lexington representative to apply for State and Federal funds for Infiltration the Inflow Infiltration Analysis Authorization Upon motion duly made and seconded it was voted to authorize Mr McSweeney to represent the Town to apply for State and Federal funds for the Inflow Infiltration Analysis Mr Perry reported to the Board regarding the proposed im- Automatic plementation of the payroll to data processing He stated that Data Automatic Data Processing has assured him that they will provide Processing the Town with a six month notification of any price increases Payrolls prior to the beginning of its fiscal year -- July 1 The Shawmut County has provided an agreement whereby they will pay for the services of having the Town's payroll put through automatic data processing at no cost to the Town 238 Selectmen's Meeting November 1, 1976 Mr Bailey questioned whether or not this agreement would place the Town under any obligation to Shawmut and Mr Perry assured him that it would not Dr Kassler stated that he felt that it was a good idea, but not to give up our equipment in case it would be needed again Upon motion duly made and seconded, it was voted to authorize Mr Perry to proceed with the arrangements for the implementation of the Town payrolls to automatic data processing Dr Chabot Chairman Kessler read a letter from Joseph F Chabot, D V.M. re- Abatement questing an abatement of a $45 00 sidewalk betterment fee A report from the Director of Public Works/Engineering indi- cated that Dr Chabot's request was in order as the sidewalk at this area was never constructed Upon motion duly made and seconded, it was voted to abate the $45 00 sidewalk assessment for Dr Chabot on Lot 28 Waltham Street P W Employ- Mr McSweeney updated the Board relative to the projects for con- ment Act of sideration under the Public Works Employment Act of 1976 The pro- 1976 jects in a descending order of priority based on the applicability of the act and the Town's needs are as follows Sold Wastes Transfer Station, $700,000 00; Expansion of D P W Garage, $1,500,000 00; Lateral Sewer Construction, $500,000 00; Street Construction - various streets, $8,630 00 Mr McSweeney stated that the solid wastes transfer station in- cludes plans, specifications and construction of a transfer station on the site of the Hartwell Avenue Sanitary Landfill and included funds for the final closing and cover of the existing landfill This item was assigned as the number one priority on the basis of the num- ber of jobs that it would create to construct the facility, the possi- bility of introducing regionalization, the relatively short life ex- pectancy of the existing landfill and the ease with which plans and specifications could be prepared within the allowable time-frame The Board agreed that this was the #1 problem facing the Town and the one that had a chance of qualifying After further discussion it was decided that the possibility of obtaining funds were minimal and not worth the expense involved to make application National Chairman Kassler read a request from the Massachusetts Army Guard National Guard, 459 Bedford Street, Lexington, for permission to use Nov 11th a tracked vehicle in the November 11th parade After discussion, it was agreed to grant this permission with the understanding that the vehicle be equipped with rubber tracks to prevent any damage to the roadways Upon motion duly made and seconded, it was voted to grant per- mission to the Massachusetts Army National Guard to use a tracked vehicle in the November 11th parade with the stipulation that the vehicle be equipped with rubber tracks Mrs Miley voted in the nega- tive 239 Selectmen's Meeting November 1, 1976 tive The Board discussed the formation of a Regional Refuse Advisory Regional Committee which would be strictly an advisory group to the Board of Refuse Selectmen Mrs Miley volunteered to contact the members relative to Advisory their first meeting Committee Upon motion duly made and seconded, it was voted to appoint a Regional Refuse Advisory Committee as follows Peter Cambourelis 34 Sherburne Road Iris Wheaton 5 Hadley Road Joan Crothers 60 Meriam Street James Reilly 25 Walnut Street Warren Empey (Ex-officio) 3 Eldred Street Mrs Miley addressed the Board and informed them that the 128 128 West West Resource Recovery Council would like representation from the Resource Board of Selectmen and volunteered to serve Recovery Upon motion duly made and seconded, it was voted to appoint Council Mrs Miley to the 128 West Resource Recover Council Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen's meeting of October 12, 1976 as October 12 corrected Upon motion duly made and seconded, it was voted by a 5-0 roll Executive call vote to go into Executive Session for the purpose of dis- Session cussing the reputation and character of an individual After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 25 p m. A true record, Attest ' 061.7 Principal Clerk 1