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HomeMy WebLinkAbout1976-07-19-BOS-min 153 SELECTMEN'S MEETING 111 July 19, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, July 19, 1976, at 7 30 p m. Acting Chairman Battin; Mr Busa, Mrs Miley, ; Mr O'Connell, Town Manager; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, six jurors were drawn Jurors George R. Limerick, Jr 23 Hayes Lane Robert T Callahan 8 Fletcher Avenue James J Swenson 18 Fairlawn Lane Christine Elizabeth Pfaff 6 Roland Avenue Ethel F Webb 462 Marrett Road Roger T Westcott 3 Foster Road Acting Chairman Battin presented Mrs Doris Barclay, Collector of 1975 Taxes, with a check for $8,063 25 from Secretary Guzzi as reimbursement State to the Town for the 1975 State Census Census Acting Chairman Battin opened a hearing upon the petition of Liquor - Berman's Market, Inc for approval of an addition to the rear of the Berman' s building to be used for warehouse and storage purposes Addition Notice of the hearing was inserted in the July 8, 1976 edition of the Minute-man and the petititioner notified all abutters by certified mail - return receipt requested Acting Chairman Battin read the unanimous vote of the Board of Appeals on January 8, 1976 granting a permit to Joel G Berman for a variance of 10 6 setback at the nearest point and 16 8 at the farthest point from the property line at 55 Massachusetts Avenue No one being present in favor or in opposition, the hearing was declared closed Upon motion duly made and seconded, it was voted to approve the petition of Berman's Market, Inc for an addition, under the Package Goods liquor license, to the rear of the building at 55 Massachusetts Avenue to be used for warehouse and storage purposes and to sign the request to the Alcoholic Beverages Control Commission for approval of the new license including a description of the altered premises Acting Chairman Battin read a request from the New England Tele- Poles - phone Company and the Boston Edison Company for permission to abandon Wood St one pole and relocation of one pole with anchor guy on Wood Street A report was read from the Director of Public Works/Engineering recommending that permission be granted to jointly abandon and re- locate the pole with an anchor guy on Wood Street for the construction of Village Wood Park Circle Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company and the Boston Edison Company for the following location 154 Selectmen's Meeting July 19, 1976 Wood Street on the Westerly side, approximately 469 ft north of Holton Road, one pole 115/23; one pole to be removed Conduit - Acting Chairman Battin read a request from the Boston Edison Company Wood St for permission to install 12 ft of underground conduit in Wood Street for the purpose of servicing Wood Park Estates A report was read from the Director of Public Works/Engineering recommending that approval be granted for the installation of conduit in Wood Street Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the installation of underground conduit at the following location Wood Street, at and Easterly from Wood Park Circle - a distance of about 12 ft of conduit Klein Mr and Mrs Nathan Klein, 9 Conestoga Road, met with the Board to Conestoga discuss a complaint to the Board of Health relative to a sewage back-up Sewer condition at their home Acting Chairman Battin We have received reports from the Board of Health, the Director of Public Works/Engineering, and the Plumbing Inspector A report from the Health Director states, "As I understand the situation, the Kleins have owned this property for almost four years and this condition began four months ago They had no other such problem previous to this Mrs Klein believes that the town is responsible for the problem and is obligated to correct the condition; that the back-up occurred through the basement bathroom fixtures and indirect waste fix- ture in the laundry room. I observed no back-up situation at the time of my inspection My inspection showed that there had been work attempted by a private contractor in the laundry room and around the sewer service at the cleanout and along the garage floor where the service passes through the foundation in an attempt to correct or determine the problem. My cursory inspection indicated the possibility of a pitch problem from the house to the street; the connection probably was made at a minimum or 0 pitch There is also the possibility that the line has settled where this condition is occurring No other resident on the street has experienced this problem; however, I believe that number 9 is the lowest house on the street and would be a natural location for a sewage back-up to occur " A report from Mr McSweeney, Director of Public Works/Engineering, states "The Health Director's memo accurately identifies the situation as we see it and, therefore, our investigation shows that the service is very close to being laid flat The Conestoga Road sewer was constructed in 1967, four years before Mrs Klein's house was built, and it appears that the house was built too low on the lot in relation to the sewer and that the sewer service was laid to meet the existing conditions It is not the function of the engineering division to act as the engineer for the public at large for the very reason that brought this complaint - ' T 155 Selectmen's Meeting July 19, 1976 that of liability lity As it now stands, the building contractor and/or the plumber, whichever established the gradient of the service, is responsible for its success or failure, not the engineering division since our responsi- bility is limited solely to inspection of the quality of the work and not the engineering We suspect the recent failure of the service to be caused by a buildup of sludge, grease and solids settling out of the Sewage flow Periodic maintenance of both the publicly and privately owned portions of the service will more than likely provide a temporary solution; however, even if the service is completely cleaned, it is likely that blockages will probably reoccur every few years A permanent solution would be to have Mrs Klein apply for a sewer service renewal and make a new connection to the sewer main running along the sideline of the Klein's property in an easement This main is much lower than that in the street and would afford more than sufficient pitch to prevent a backup Again, we reiterate that the liability does not lie with the Town but rather with the party who engineered this service " Mr Klein We have to have people come and push something through every nine months ActingChairman Battin As Mr McSweeney said, there seem to be two options, to have it cleaned out or to have a new connection to the sewer main running along the sideline of the property in an easement and then, if approved by Mr McSweeney, we would grant permission Mr McSweeney- In this particular case, they would have to apply for a new sewer connection and I have personally recommended this to Mrs Klein some time in June The sewer was built under the subdivision control law at no cost to the Town and we have no liability for the installation We are not in that private sector business Acting Chairman Battin The Town is only responsible for the connec- tion but this is the responsibility of the plumber Mrs Klein When you buy a house, you feel that the Town Inspector would look at the thing, and we never thought we would have such a problem If the house is built too low, how is it that he okay's it? Mr McSweeney Besides what we said in the memo, I tried to explain to them that we would be in the private contracting business if we tried to tell any builder how to build or lay out Also, you have a lawyer when you pass papers to purchase a home in a Town Acting Chairman Battin It is an unfortunate incident Mr Klein I don't think I should pay for this out of my pocket Once the pitch is there, it will be all right, and the only way to get it right is to make the sewer deeper Why not do it? Mrs Battin Because the other houses are not having trouble Mr McSweeney• The sewer was there before the house and if we put iih the service to the house then we would have the liability Mrs Klein. Sewer elevation has nothing to do with the permit The contractor will elevate the sewer line and maybe it could come down and around the perimeter of the house If he makes an alternate route, the sewer line hangs on the wall of the cellar and out, to get the elevation It should have been done in the first place Mrs Battin Technically, it turned out too low That is one of the tragedies if a person buys a house X56 Selectmen's Meeting July 19, 1976 Mrs Miley possiblean Is it for recourse from the builder? Y Mr Klein Unfortunately, the builder is on welfare I am no plumber but is he responsible? And the contractor who put the pipe in my land to the sewer? Mrs Battin They are both liable, and I would suggest that you get a lawyer and sue them, the plumber and/or the contractor Mr Klein How much would it cost me to connect in the line? Mr McSweeney• I can't give an estimate Acting Chairman Battin We have had three reports and the pro- blem is with the pitch of the pipe I would suggest that you work closely with Mr McSweeney and perhaps you could get estimates from other plumbers The Board agreed that the problem of sewage back-up at 9 Conestoga Road was strictly a private matter Mr and Mrs Klein retired from the meeting Tour Bus Mr O'Connell updated the Board on the status of the Tour Bus Park- Parking - ing Control Plan It is proposed to pay guides when they are off duty, Guides from 4 to 6 guides at $2 25 an hour from 10 00 a m to 4 30 p m , each to work from 7 to 10 hours per week The approximate total cost would not exceed $1,000 from now through September 6, 1976 Approval is recommended for a temporary part-time help program for up to $1,000 to be expended from funds in Article 5 When Account #1070-Temporary Help and Overtime is presented for approval, this will become an additional line item. Mrs Miley- The change this week at the Green has been almost miraculous I move approval of the expenditure Upon motion duly made and seconded, it was voted to approve the ex- penditure of up to $1,000 from funds in Article 5 for the temporary part- time employment of guides at $2 25 per hour to assist in the Tour Bus Parking Control Plan. Contract Mr O'Connell recommended that the Board vote to award Contract 77-15-E 77-15-E to the lowest bidder, Sarao Brothers, Inc , Waltham, for street Street resurfacing in the amount of $78,980 Authorization is contained in Resurfacing Account #5400-Highway Maintenance; Chapter 90 of 1975; Article 27 of the 1976 Annual Town Meeting Warrant The bids have been reviewed with Town Counsel and also approved by Mr McSweeney Upon motion duly made and seconded, it was voted to award Contract 77-15-E to Sarao Brothers, Inc for street resurfacing in the amount of $78,980 E & D for Mr O'Connell advised the Board that he had been informed by Mr FY 78 Perry, Comptroller, of an underexpendtnre of $300,000 of the FY 76 oper- ating budget This amount, plus the Cherry Sheet estimate, will be the major source of E & D for FY 78 Mr -O'Connell recommended that the Board vote an intent to award the Inflow-Infiltration Study to Whitman and Howard in the amount of $67,000 157 Selectmen's Meeting July 19, 1976 IIIHee explained that this is a project xP p o�ect for which we are aiming for a federal Whitman & grant and we hope the Town would not have to spend more than $20,000 Howard After the vote of the intent to award the contract, application will be Inflow- made for a federal grant naming that firm in the application, and we Infiltra would work with the federal government The contract would reflect the Study results of the federal study We hope for a federal grant sharing of 75% and 25% by the Town This would be in the contract that would be brought to the Board Mrs Miley A point of interest - if it is federally subsidized, are there requirements that the Town must use for taking the lowest bidder? Mr O'Connell No, this is a professional proposal; it is not like a sealed bid. Mr McSweeney This is the first time that the federal government and the state have followed procedures for receiving proposals This is the first contract we have processed The procedures are followed by the American Society of Engineers Upon motion duly made and seconded, the Board voted the intent to award the Inflow-Infiltration Study to Whitman and Howard in the amount of $67,000 Acting Chairman Battin read a request for the use of the Battle Green Permit- and for firing of cannons by the Lexington Minute Men Battle Upon motion duly made and seconded, it was voted to approve the Green request of the Lexington Minute Men, Inc to use the Battle Green for the installation of officers on Sunday, July 25, from 2 00 to 4 00 p m. , and to fire cannons subject to a permit being granted by the State De- partment of Public Safety Acting Chairman Battin read a report from the Traffic Safety Com- Traf Sign mittee regarding a request from Mrs Catherine Cecere, 29 Acton Street, Mass.Ave Arlington for the installation of a traffic sign on Mass Avenue just Pelham Rd prior to Pelham Road. It was the recommendation of the Traffic Committee that a sign be installed Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Traffic Safety Committee that a "Vehicles Entering Right" sign be installed on Mass Avenue, Eastbound, prior to Pelham Road, and to request that Mr McSweeney make arrangements for the installation of the sign Acting Chairman Battin read a report from the Traffic Safety Commit- Hudson Bus tee regarding the application of Hudson Bus Lines, Inc to establish Lines- routes in Lexington for limousine service to Logal Airport, stating - Common 1 Hudson Bus Lines needs local approval from the licensing Carrier board before they can petition the regulatory agency (MBTA) License for a hearing of Public Convenience and Necessity 2 This is a public transportation service operated on a regu- lar schedule 3 Fares are regulated by META and treated like a public utility 158 Selectmen' s Meeting July 19, 1976 4 Approximate fare is $6 00one wayout of Logan to Bedford and pp a Burlington 5 Hudson Bus Lines requests approval of Routes A and B (Route B includes Route A) 6 Provided that vehicles are cleaned daily, all drivers are uniformed, two-way radio equipped, all vehicles inspected and approved by the Department of Public Utility Acting Chairman Battin The Traffic Safety met in July and it was unanimously voted to recommend that permission be granted subject to the conditions I might point out that Hudson Bus Lines must petition the MBTA for a hearing In essence, we would just enable them to pro- ceed if we approve it tonight I heard that they petitioned Arlington a week ago and it was deferred until they had the vote of the MBTA Today, we received a letter from the Lexington Transportation Co protesting the granting of rights to the Hudson Bus Lines to pick up passengers in Lexington and transport them to and from Logan Airport Mr Aronson, the owner, is present tonight, and I also invited Mrs Joyce Hals, Chairman of the Transportation Advisory Committee Mrs Hals Our committee would like to look at the routes and we would appreciate your cooperation Acting Chairman Battin We probably would make a decision based on the recommendation of the Traffic Safety Committee, and I might add that it would not compete with those who want transportation service, any kinds Mr Busa I have no objections but I do question some of the state- ments in Mr Aronson's letter, i e , that the Burlington Taxi is operating at a loss since the limousine service came into being in Burlington It is still operating and not at a loss We also have a letter from a resident of Wood Street complaining about the driver and the condition of the cab I feel that competition would help alleviate some of the problems that Lexington Transportation is producing themselves Also, we do not need so many taxis around Depot Square Mr Aronson I am aware of the letter from the lady on Wood Street and (1) the driver was not intoxicated; (2) she is not a regular customer; (3) as far as fares being different for the same run, meters in the c*rs are sealed by your agent If the customer doesn't tell the drive the proper way to go, the route is different Acting Chairman Battin In essence, you are saying that a person tells the drive the location and then has to tell him the best way to go Mr Busa This is not a public hearing Acting Chairman Battin We are talking about a specific case The record will show your comments about Mr Aronson Mrs Battin to Mr Aronson. Various things have been suggested, such as getting contract from industrial firms or going to the Transporation Committee and exploring ways of developing intra-town transportation, mini- buses, etc to meet the needs of the elderly There is DOT money and HEW money to take care of sums you may lose by not going to Logan Mr Aronson We have them all - any industry in Lexington 159 Selectmen' s Meeting July 19, 1976 Mrs Hals We would welcome talking to Mr Aronson, and so would c a g the Council on Aging Going to Logan, some people are rushed and want a cab; other people are not so rushed and going to the bus stop would help Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Traffic Safety Committee to grant permission to the Hudson Bus Lines for the carriage of passengers for hire in the Town Of Lexington by means of scheduled public transportation to and from Logan Airport, subject to the clear understanding that Hudson Bus Lines is to submit to the Board of Selectmen the approval granted by the Massachusetts Bay Transportation Authority for the use of its route and bus stops within the Town of Lexington Acting Chairman Battin read a report from Mr McSweeney, Director Cemetery of Public Works/Engineering, recommending that the Trustees of Public Projects Trusts be requested to give consideration to the approval of expendi- tures to rebuild a brick facia wall on the vaults adjacent to the Locke tomb at Ye Old Burial Ground This work would consist of constructing a new cemetery wall approximately 70 feet long and 4 feet high, including the removal of the old wall and removing the resetting the engraved panels Also, to consider funds for refurbishing and painting two existing wooden kiosks at Munroe Cemetery Mr McSweeney- I revised these two projects with Mr Morey, Chair- , man of the Trustees of Public Trusts, who explained that the trusts have a limited amount of funds Therefore, we would recommend utilizing the forces of the Public Works Department in order to reduce the total amount required Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to consider the expenditure of $3,700 from appropriate trusts to rebuild a brick facia wall on the vaults adjacent to the Locke tomb at Ye Olde Burial Ground, and to refurbish and paint two existing wood kiosks at Munroe Cemetery Acting Chairman Battin read a report from Mr McSweeney, Director Berm - Mayo of Public Works, stating that his department had reviewed the request Dawes Rd from Mr Benjamin Mayo for the Town to install a berm at his property located at 11 Dawes Road and finds that the area in question does not warrant the installation of a berm. Acting Chairman Battin Mr Bailey wrote a letter to Mr Mayo in March telling him that it was not clear from his letter whether he was asking permission to install the berm himself or requesting the Town to install it, and asked Mr Mayo to let us know Mr Mayo has finally in- formed us that he would be willing to pay one-half of the cost Mr McSweeney We have an appropriation of $2,500 for installing berms and initial requests far exceed that appropriation Usually, re- quests are to install those that have worn out If we should go into an area such as this and install it at one house, we would end up installing it on both sides The question comes up if the owner wants to install it himself - if he wanted to pay for the material at a set cost and a set price of perhaps $1 00 a foot, and the money would go into E & D The 160 Selectmen' s Meeting July 19, 1976 job is not bigenough to have a private contractor To resolve his g problem, we would have to look into the area of the Town installing it and he would pay the full amount for the curbing, but if the neighbors got into it and wanted it, they would have to do the same Acting Chairman Battin Mr McSweeney could explain to Mr Mayo that there is no money in the budget but if he wants to pay for the entire cost of the installation of the berm, arrangements might be made through a contractor already working for the Town, subject to meet- ing Town specifications and posting a performance bond. Upon motion duly made and seconded, it was voted to instruct Mr McSweeney to write to Mr Benjamin Mayo, 11 Dawes Road, outlining the requirements if Mr Mayo is willing to assume the entire costs of the installation of a berm at his property 1974 Acting Chairman Battin informed the Board that a report has been re- Retirement ceived on the Lexington Contributory Retirement System System Upon motion duly made and seconded, it was voted to accept and file Report the report of examination of the Lexington Contributory Retirement System, as of December 31, 1974, as conducted by the State Department of Banking and Insurance Printing Acting Chairman read two quotations for the printing of the Town Primary Warrant for the State Primary on September 14, 1976 The Lexington Warrant Press, Inc at $287; Maran Printing Service, Inc at $375 Upon motion duly made and seconded, it was voted to award the con- tract for printing 9500 copies of the Town Warrant for the State Primary on September 14, 1976 Class I Acting Chairman Battin read an application from Mr George E Rowe, Toyota - Jr to transfer his existing Class I license at 409 Massachusetts Avenue Rowe from Rowe Chevrolet, Inc to Lexington Toyota, Inc Upon motion duly made and seconded, it was voted to issue a Class I license to Lexington Toyota, Inc in place of the Class I license pre- viously issued to Rowe Chevrolet, Inc on the premises located at 409 Massachusetts Avenue Garfield Acting Chairman Battin read a request from the Director of Public Elm Sts Works/Engineering to sign the Order of Sewer Taking on Garfield Street Order of and Elm Street Sewer Upon motion duly made and seconded, it was voted to sign the Order Taking of Sewer Taking on Elm Street from Garfield Street a distance of 175 feet more or less westerly State Aid- Acting Chairman Battin read a request from the Director of Public Highways Works/Engineering to sign the forms for the 1976-1977 State Aid-Highways Upon motion duly made and seconded, it was voted to sign the forms for the acceptance of the 1976-1977 State Aid-Highways, in an amount yet to be determined by the Massachusetts Department of Public Works State Aid Office, District #4 161 Selectmen's Meeting July 19, 1976 Acting Chairman Battin read a letter from Attorney Donald E Legro Grammont regarding the Grammont sewer project at Nickerson Road and Aaron Road Sewer In August, 1975, the Board voted to notify the Town Treasurer to re- lease the bond of Mr and Mrs. Grammont and the bankbook, subject to $250 00 being withhold by Mr Legro until a flowering tree had been planted on Mr Weinstein's property Mr Legro stated that the tree had been planted by the Sudbury Nurseries, Inc for $131.25, and the matter has now been satisfactorily resolved Upon motion duly made and seconded, it was voted to approve the request of Attorney Donald E. Legro to deliver the bank book to Mr. and Mrs. Ronald G Grammont as the Grammont sewer project has now been satisfactorily completed Mr Busa recommended that the Board vote to abate an ambulance bill Abatement of $15 00 for Mr Edward MacFarlane of Auburndale as he is a senior citi- Ambulance zen and on a fixed income Bill Upon motion duly made and seconded, it was voted to abate the ambu- lance bill of $15.00 for Mr Edward MacFarlane of Auburndale Acting Chairman Battin informed the Board Dr Foley had cancelled the Lex. Light Lexington Light Horse Show at Hennessey Field. The first time, the horse Horse Show show was conducted under Light Horse Club conditions and this time it was to be conducted the way the North Lexington Associates wanted it, so he cancelled. Acting Chairman Battin read a letter from Mrs Alice Pierce request- Fireworks- ing that consideration be given to having fireworks again at the 4th of July 4th July celebration, and suggesting that the appropriate people in Town re- view the possibility The Board agreed to refer the matter to the Town Celebrations Com- mittee, the Traffic Safety Committee, and the Lions Club and to recom- mend that arrangements be made for a meeting, including Mrs Pierce, to discuss the possiblity of having fireworks at the 4th of July celebration The Board discussed the status of the traffic control signal at Traf Sig Massachusetts Avenue and the Munroe School and Mr. McSweeney agreed to Munroe call the State DPW District office for an updated report School Mr Busa informed the Board that the Bicentennial Corporation has plans for manufacturing articles, such as coffee tables, plaques, etc Bicentennial from the flagpole which was taken down on the Battle Green The fund Corp - raising project will be finalized by December 31, 1976 but the Chamber Flagpole of Commerce could continue the sale of items Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session to discuss strategy with respect to collective bargaining Session After discussion, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 20 p m. A true record, Attest 7.) 7� .� Executive Clerk, Selectmen