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HomeMy WebLinkAbout1975-09-15-BOS-min 4(Yx' SELECTMEN'S MEETING September 15, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, Sept- ember 15, 1975, at 7 30 p m. Acting Chairman Bailey, Mrs Battin, Dr. Kassler; Mr O'Connell, Town Manager; Mr. McSweeney, Director of Public Works/Engineering; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present. Acting Chairman Bailey opened the hearing on the petition of NET&T Co. the New England Telephone and Telegraph Company for the install- Conduit - ation of conduit on Bedford Street and Winter Street to service Bedford/ Drummer Boy condominiums Winter Sts. Notices of the hearing had been sent to abutters, as listed on the plan of the petitioner, and filed with the Public Works Department A report from Mr. E. Coscia, DPW Manager, recommended that approval be granted for a change in location (previously grant- ed by the Board on June 30,1975) to the easterly side of Winter Street in order to prevent possible disturbance to the abutters' stonewalls located on the westerly side. Mr. Roland Pinault, representing the Telephone Company I wish to be recorded in favor This petition is submitted to coincide with the request of the Town Engineer to put the conduit on the opposite side of the street to avoid damaging fieldstone walls on one side. We have a permit for the portion owned by the State No one appearing in favor or in opposition, Mr Bailey de- clared the hearing closed Upon motion duly made and seconded, it was voted to rescind the vote of June 30, 1975, granting permission to the New England Telephone and Telegraph Company for the installation of conduits and manhole on Bedford Street and Winter Street. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone and Telegraph Company for the following location Bedford Street From existing Manhole #54/115, located on Winter Street the northerly side of Bedford Street approximately 100' _+ west of Winter Street, easterly 145' _+ to said Winter Street, thence northerly 463' to new Manhole #54/514, located at the pro- posed roadway to the Drummer Boy Green, a total of 608'+ of conduit. 40S Selectmen's Meeting September 15, 1975 Winter Street One Manhole #54/514 located on the easterly side approximately 463'± north of Bedford Street. Boston Acting Chairman Bailey read a petition from the Boston Edison Edison Company for the installation of 32 feet of conduit on Bedford Conduit - Street at, and southerly from Lois Lane, to supply electrical Bedford St. service to the Center Estates. No hearing was necessary as Lois Lane previous permission had been granted, by letter, on June 9, 1975. Upon motion duly made and seconded, it was voted go sign the order for the following location of Boston Edison Company conduit Bedford Street at and southerly from Lois Lane, a distance of about 32 feet - conduit Air Mr. O'Connell informed the Board that bids had been received Conditioning August 14 for the installation of air conditioning at the East E. Lexington Lexington Branch Library. The recommendation is to award the Library contract to the lowest bidder, Rentel & Frost, 19 Howard Street, Boston, in the amount of $8,600. The other two low bidders were L. C. Anderson, Inc. , 830 Commonwealth Avenue, Boston, $9,277; Cooling Systems Engineering, Inc , 72 Walnut Street, East Dedham, $10,114. It is also recommended that the total, including consultant's fee, etc , is not to exceed $15,000. Authority is contained in Article 30 of the 1975 Annual Town Meeting, appro- priation of $20,000. Mr. O'Connell Mr. McSweeney has looked into the background of Rentel & Frost and has obtained a statement that the firm is financially sound. Upon motion duly made and seconded, it was voted to award the contract #76-14-E to Rentel & Frost, Inc , Boston, for air con- ditioning the East Lexington Branch Library. Contract Mr. O'Connell recommended that the contract be awarded for 75-9-E sewer and drain construction of Andreassi Bros. , Inc. , 102 Park- lawn Road, West Roxbury, in the amount of $270,850.41. This would involve Waltham Street to Concord Avenue Trunk Sewer, Concord Avenue, Walnut Street, and Grant Street. The other two low bidders were Dahl Construction, Merrimack, N H. , $277,130.61; Pitt Construction Corporation, Acton, $309,350 46. Authority for this work is contained in Artical 17 of 1974-Drain Construction; 1 Article 20 of 1974-Sewer Laterals; Article 20 of 1975-Sewer Laterals; Article 21 of 1975-Trunk Sewer. I 409 Selectmen's Meeting September 15, 1975 Upon motion duly made and seconded, it was voted to award Contract 75-9-E to Andreassi Bros. , Inc. , West Roxbury, in the amount of $270,850.41. Mr. O'Connell also recommended that the contract for Contract sewer, drain, and street construction be awarded to J. J. O'Brien 76-2-E & Sons, 1 Laxfield Road, Weston, in the amount of $97,668.50, for Wood Street, Middle Street, and Belfry Terrace The other two low bidders were United Construction Co. , Somerville, $98,187.76; H. A. Farfard & Sons Const. , Inc. , 56 Fruit Street Ashland, $102,621.00. Authority for this work is contained in Article 17 of 1975-Drain Construction; Article 20-1975 Sewer Laterals; Article 49-1975 Street Construction. Upon motion duly made and seconded, it was boted to award Contract 76-2-E to J J. O'Brien & Sons, Weston, in the amount of $97,668.50. Mr. O'Connell read a letter from F William Smith stating Board of that he is not interested in being re-appointed and would term- Assessors - inate his services as a member of the Board of Assessors on Smith December 31, 1975. Mr. O'Connell: I am sure that the Board joins with me in thanking Mr. Smith for the excellent job he has done as an Assessor. The Board agreed. Mr. O'Connell informed the Board that Mrs. Marie Graham of Painting 17 Douglas Road has requested approval of painting the hydrants Fire in her neighborhood. Each one would be different and resemble Hydrants a Minute Man, etc. He pointed out that fire hydrants belong to the DPW and the Board might want to reserve the right to approve the designs. The Board agreed that Mr. O'Connell is to come back to the Board with recommendations. Mr. O'Connell discussed the action by Governor Dukakis in Town signing the bill setting the date of March 2 for the Presidential Election Primary. Town Election Day is March 1, according to the Town By- Presidential Law. The Town Clerk talked with the State and it was indicated Primary that they were working on a set of instructions for Towns. There is a total of 7 towns having annual town meetings on the first Monday of March; there are some that have it on Saturday, and Brookline has it on Tuesday. The law requires that voting machines be sealed for 30 days but we might be able to use half the number on each day, which means longer voting lines. It means preparing two sets of voter lists, and we have only one set of election officials who normally work one day on the election and the next day to check the tallies. The Board might 410 Selectmen's Meeting September 15, 1975 want Town Counsel to look into matters as it is quite likely that these two elections will compete with each other. Is the matter serious enough to consider a Special Town Meeting to change the date of the Annual Town Meeting in order to separate the two? If this is given consideration, the Town Clerk reminds us that the decision could not be put off very long. The Board agreed to withhold a decision at this time Acting Chairman Bailey recommended that, inasmuch as the full I Towing Board is not present, the policy on Towing of Private Vehicles Policy be adopted next week. Mrs. Battin Are the suggested criteria now in the present Policy? Mr. O'Connell Yes, but they haven't been documented before. Mrs. Battin They have been in practice? Mr. O'Connell Yes. Mrs. Battin I take exception to the current practice by the choice of the towing company to be called being made by the desk officer or dispatcher. I think the companies should be rotated. Dr. Kessler I am proposing to add to the sentence, "It is his responsibility to see that adequate towing service is provided promptly," by the following, " and that work is divided fairly among the companies on the current approved list." We would expect the work to be rotated. Mrs. Battin And it ought to be Define fairly. Mr E. Fowle, 12 Winthrop Road: I like the idea of absolute division of the work, for reasons I could provide. Dr. Kessler I think it places too much constraint on this I would like the Board members to think about it and we can adopt the policy next week when the full Board is here. Upon motion duly made and seconded, it was voted to table the matter of the Policy on Towing of Private Vehicles until the next meeting. Acting Chairman Bailey read a recommendation from George Smith, Dog Fees Director of Public Health, to adopt new. kennel fees to become effective when the new Animal Shelter is in operation. Upon motion duly made and seconded, it was voted to adopt the following dog kennel fees, which will become effective when the new Animal Shelter is in operation I 41:1- Selectmen's Meeting September 15, 1975 Fee Adoption (Mixed breed) $ 3.00 Adoption (purebred) 15.00 Redemption 10.00 Board per day First 7 days 3.00 After 7 days (known owner) 5.00 Euthanasia 10.00 Acting Chairman Bailey read a request from Mr. McSweeney to sign commitment sheets for sewer assessments. Sewer Upon motion duly made and seconded, it was voted to sign the Betterment commitment sheets for sewer betterment assessments on the follow- Commitments ing streets Lawn Avenue, Lincoln Street, Lowell Street, Partridge Road, Summer Street, Sunny Knoll Terrace, Turning Mill Road, Win- gate Road, Woburn Street, Wyman Road, Young Street Acting Chairman Bailey read a request from the Regal Bus Lines, Inc. , Newton, for a license to operate motor vehicles through the Common Town to transport Honeywell Corporation employees from the Framing- Carrier ham plant to the Billerica plant License - Upon motion duly made and seconded, it was voted to sign the Regal Bus license to the Regal Bus Lines, Inc. to operate motor vehicles for the carriage of passengers along Route 128 between the Lexington- Waltham line and the Lexington-Burlington line; license expiring December 31, 1975. No stops in Lexington. Upon motion duly made and seconded, it was voted to sign the Auctioneer Auctioneer's license for Mr Paul W. Marshall, 6 Chandler Street, expiring March 31, 1976. Acting Chairman Bailey read a request from Ms. Delia R. Alonso, Permit Winchester, for permission for a display stand to sell photographs Request - of Lexington and the Bicentennial in the Battle Green area. Alonso It was agreed to refer Ms Alonso to the Chamber of Commerce as this is a private business. Mrs Barbara Hills and members of the Munroe School P.T A. Mangy met with the Board to discuss the petition for installation School of traffic signals with pedestrian push button controls on Traffic Massachusetts Avenue at the Munroe School. Signals Mr. Bailey This request goes back to 1970. We met with you last January and there was discussion as to what constituted a gap for crossing, and what didn't We asked Public Works to check and to take it up with the State Department of Public 4[12 Selectmen's Meeting September 15, 1975 Works, to review with them as to precisely what would be required to get pedestrain controls there, and to report back to us if they weren't making headway. We have a report from Public Works that they reviewed the gap studies and fundamentally concur with the P.T.A., and concur that some control is needed. As you know, we now have a crossing guard for children. Everybody agrees that there is good control to and from school but everybody wonders about after school. Mrs. Hills We are concerned with before as well as after school. The crossing guard is an ideal situation and if we have one all the time that would be lovely. We are risking groups that arrive around 8 00 a.m. , after school sports on Tues- day, children coming in for extra help on Thursday, brownie and girl scout groups, many children go to Muzzey and Munroe play- grounds after school. These activities are all school related and we are concerned about them. There are many children on the opposite side of Massachusetts Avenue that are prevented from taking part in activities because parents can't cross them. These things are offered by the school and they can't participate. There is no other elementary school in Town with as much traffic in front of it as Munroe where the children do not have access to a traffic light within modest walking distance In a discussion with Chief Corr in February, 1974, he offered the opinion that the problem at Munroe was not different in any meaningful way from those near Parker or Adams. Both of these schools, as well as Hancock at the Massachusetts Avenue-Worthen Road crossing are protected by traffic lights as well as crossing guards. We do not understand why Munroe School is not provided the same protection as other schools. These after school activities are the problem. We checked with the State DPW and the cost of such signal is $7,000 and there may be funds available for that. It is a one-time capital expenditure and it seems a small amount to pay to save the life of a child We have had accidents there but no fatalities. Sam Silverman, Precinct 5, gave us permission to quote him that he has never known the Appropriation Committee to turn anything down when it is an act of safety. Mr Bailey Mr Silverman has not had to argue on Town Meet- ing floor. Mrs Hills We request that it be granted. We accept the responsibility to teach our children safety but we cannot, by ourselves, provide adequate gaps in the flow of traffic on a highway as heavily used as Massachusetts Avenue The Traffic Committee report bought out the possibility of closing Munroe School and inquiries of the School Committee indicate that no decision has yet been reached, no timetable has been set. The 4t Selectmen's Meeting September 15, 1975 report of the Reassignment Committee of May, 1975, indicated 1979-80 as the earliest possible date that Munroe might be closed. IN any case, there would still be the need to have a crossing guard and children could use the playground. There are no traffic signals from the Center down, and we have a petition signed by 213 residents of Lexington requesting a pedestrian light; these signatures represent parents of children current and past, older residents, and a number outside of the immediate area. Crossing Massachusetts Avenue is a real problem for older residents. Mr. Bailey: I would like to suggest that, because there are two Board members absent tonight, we do not vote anything now but explore everything we can on both sides of the argument and have facts ready for the Board next week. Dr. Kessler; Can this Board unilaterally, without permission from the State, put the light there? Mr. Bailey No, the State has to grant permission Mrs. Battin We still have to meet the warrants. Dr. Kessler: If we agree, I still have reservations. Is there any chance if the lightgoes in that the necessityfor a crossing guard be eliminated? II/ Mrs. Hills No. Mr. Bailey Pedestrian warrants are not met except during school hours. Mr. McSweeney We want you to know that we did review off- hours; after hours' use did not meet the warrant Mrs. Hills Would the Board consider increasing the hours of the crossing guard? Mr. Paul Lombard Extend the crossing guard hours. We have students arriving at 7 45 a.m. and are there until late afternoon I have never been thinking of the crossing guard vs. the light. We still have to have the crossing guard. Mrs Battin They don't want to relinquish her; they need the guard in addition to the light Mr. Martin Gilmore What is the time schedule, assuming everything moves well? If we wait for Town Meeting, we lose the best part of the school year. Mr McSweeney You will still need that vote We spend and then we are reimbursed. Mr. Bailey You have done your work and it is clear that the ball is in our court and we owe you a decision. The full Board will make a decision next Monday night. Thank you for meeting with us. The Munroe School P.T A. retired from the meeting. I 414 Selectmen's Meeting September 15, 1975 Wild Acre Dr. Bernard S. Yudowitz, owner of Wild Acre Inn, 50 Percy Inn Road, met with the Board Mr Bailey As you may know, we have a fairly fundamental problem and we invited you tonight to get some answers. We received application from you to license Wild Acre Inn as a lodging house. Mr. Smith, Health Director, has been pursuing it along those lines and has attempted to advise you on ways of bringing it up to staxdards of compliance, as he informed us that you feel short Then, the question came up, "Are you really operating Wild Acre Inn as a lodging house?" If you are not, then we might not have any jurisdiction at all. We would not issue a lodging house license if we do not have the authority It might be between you and the State on the point of view of inspection. We ask you what Wild Acre Inn is being used for, and if you could give us any guidance as to whether we or the Commonwealth license you Dr. Yudowitz I share my ignorance with you. I purchased Wild Acre Inn as a lodging house two years ago this coming January, and it was owned by Mrs. Virginia Coleman as a legit- mate lodging house in Lexington. When the papers were passed, I was assured that the Town would transfer the license. The Inn was built in 1900 and has never been used for any other purpose. It is my intention to operate it exactly as it has been since the turn of the century as a lodging house. Last year, I received a renewal application to renew my lodging house license and I sent in my fee. I received a letter that the lodging house license had been granted; Mr. Smith visited me and said that the lodging house license had been granted, but your secretary told me that it is still in the folder. For many years, Wild Acre Inn has served as a lodging house for people discharged from mental hospitals in good community status un- til they are rehabilitated. There is a small ggoup of foreign students who work out of Boston and live there with supper pro- vided. Then there are transients for a copule of weeks. We have never received any State money, have never requested State money, and no one is getting State money, bed or board. Mr. Bailey Did you make a request for a State license? Dr. Yudowitz I .did not. In 1972, when Dr. Budson was in the State Mental Health Department, Mrs. Coleman contacted him regarding a community residence, but I do not plan to do that. It is beneficial for everyone in the house to have it a mixed operation. 1 `-f 1_ i Selectmen's Meeting September 15, 1975 Mr. Bailey to Mr. Smith, Health Director Is that consistent with your information? Mr. Smith I had a visit from Mrs. Love of the State Mental Health and she said that she had received an application from Dr. Yudowitz and she was on the way over there, and would advise me at a later date as to what she had found out. Dr. Yudowitz: I have made no application downtown. I did hear that someone did come out and drop off State forms. Dr. Hudson does, without invitation, go around, but no application had been submitted. Mr Cohen; Town Counsel From what Mr. Smith said, there had been an application to the State, but according to Dr. Yudowitz there isn't such a thing. Mr. Bailey We should settle two things. If Dr. Yudowitz would drop us a note that he has not applied to the State and is not seeking approval of the State, and If Mr. Smith could find out what the State is doing by coming around. That being the case, as long as you are 0 K. with the Board of Appeals, and work with Mr Smith in complying with the regulations, we would have no basis on which to deny. We will hold the license until Dr. Yudowitz positively identifies the operation. You are making good headway on 99% of the list and we are encouraged. Are you still discussing the sewer installation with your neighbors? Dr. Yudowitz: The neighbors are not interested in joining with me in the major expense We are down to one narrow ingress, not only to the Lodge but to Dr Sizer's house. To build the sewer, we have to go to a depth of 15 feet. In terms of fire protection for both the Sizers and me, once the road were elimi- nated, there is no way of getting to those back properties Mr. McSweeney You are talking about back properties during construction? Dr. Yudowitz Correct Mr. McSweeney: In no way would they construct this and block it at night. If conditions in the area were that you were shutting it off, you would have to make provisions to keep this open. The access cannot be closed. Dr. Yudowitz We will have to go into this. Mr Bailey: Feel free to consult with Mr. McSweeney's office. Please give us a letter that you have not and do not intend to convert it into a community house and will operate it as in the past as a lodging house, and get together with Mr. Smith on the problems. Dr. Yudowitz agreed and retired from the meeting. 4116 Selectmen's Meeting September 15, 1975 ' Executive Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, delib- Session erating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person After discussion of personnel and private citizen matter, 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. A true record, Attest. Executive Clerk, Selectmen i