HomeMy WebLinkAbout1975-07-14-BOS-min 368
SFT.FCTMEN'S MEETING
July 14, 1975
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday, July
14, 1975, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa,
Kessler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen,
Town Counsel; Mr. McSweeney, Director of Public Works/Engineering;
Mrs. McCurdy, Executive Clerk, were present.
Boston Chairman Kenney opened the hearing on the petition of the
Edison Boston Edison Company for the installation of eight poles on
Poles - Hartwell Avenue southwest of Maguire Road.
Hartwell Notices were sent to the abutters, as listed on the petitioner's
Maguire Rd. plan, and filed with the Public Works Department.
Chairman Kenney read a report from the Director of Public
Works stating that the locations had been reviewed and the recoamaend-
ation is that approval be granted.
Mr Edward Chisholm, representing the Boston Edison Company,
informed the Board that the eight additional poles will be for a
circuit that comes down from Wood Street and will feed Lincoln Lab.
This circuit would run out of a new underground station and go
overhead. We don't need underground service here, and it is ex-
pensive.
We are presently feeding down Wood Street and we would
pick yp the existing lines.
No one Maing present in favor or in opposition, the hearing
was closed.
Upon motion duly made and seconded, it was voted to grant per-
mission to the Boston Edison Company for the following location:
Hartwell Avenue, southeasterly side from a point approximately
690 feet, southwest of Maguire Road, eight (8) poles (guy wire
and anchors on first, seventh and eighth poles; push braces
on second, fourth, fifth and sixth poles) .
Boston Chairman Kenney opened the hearing on the petition of the
Edison Boston Edison Company for the installation of one pole on Bedford
Pole - Street northwest of Hartwell Avenue.
Bedford St. A report from the Director of Public Works states that this
Hartwell Ave. is a riser pole in conjunction with the proposed Edison conduit
in Bedford Street, and it is recommended that the Boston Edison
Company be granted permission for this pole.
Mr. Edward Chisholm, representing the Boston Edison Company,
informed the Board that the hearing involves only the Town of Lex-
ington and no abutters had to be notified. This pole is needed
for an additional circuit.
369
Selectmen's Meeting July 14, 1975
No one being present in favor or in opposition, the hearing was
closed.
Upon motion duly made and seconded, it was voted to grant per-
mission to the Boston Edison Company for the following location:
Bedford Street, southwesterly side approximately 84 feet north-
west Of Hartwell Avenue, one (1) pole
Mr. O'Connell informed the Board that the Lexington Housing Housing
Authority has received notification from HUD that the application Authority
for funds for existing housing in the amount of $134,772 has been Funds
tentatively approved, This means that funds are being reserved
for fulfillment of adminstrative requirements, and are applicable
to fifty units of housing. Up to this time, funds have been sup-
plied by the state; federal funds are coming by another route.
Mr. O'Connell discussed the cleaning of catch basins. He re- Catch
minded the Board that DPW had requested funds for a machine for Basin
Town forces to clean the catch basins but, during the budget process, Contract
a decision had been made to continue under the practice of contracting
for this work. Bids have been received and he plans to award the
contract to Truax for $2.09 per catch basin, approximately 4,500
catch basins.
The Board agreed.
Mr. O'Connell reported that the Lions Club carnival was very Lions Club
successful, especially because of the extra effort on the part of Carnival
the Lions Club. However, there was one drawback and that was the
number of citizens' complaints because live animals were given as
prizes at the concession operation. There were complaints to the
Board of Health that this was not a proper practice, and there
were specific complaints that a group of youths had won a rabbit,
abused it, and killed it. We were not aware that live animals
would be given to winners and this is something to address our-
selves to in the future.
The Board agreed.
Mr. O'Connell continued with the information that carnival
people had tapped into our water supply and there was a question
of whether the water being used was suspect of contamination.
Also, a carnival employee had been arrested.
The Board agreed with Mr.O'Connell that these items will be
taken into consideration before permission is granted for next
year's cprnival.
37®
Selectmen's Meeting July 14, 1975
Moody Mr. O'Connell advised the Board that a representative of Moody's
Rating Rating Service will visit Town Offices tomorrow morning and it
is our expectation that the Town will receive a higher rating.
Chairman Kenney read a status report on Selectmen's Records
Related to the May 2 Adams Street Incident, as submitted by
Selectman Bailey, as follows
Adams St. "You will recall that on Friday, June 20, a decision was handed
Party down in Superior Court in Cambridge stating, among other things,
Status that the Lexington Board of Selectmen were to make available to
Report on the plaintiffs certain records related to 'the May 2 Adams Street
Selectmen's incident. This decision resulted from two full mornings of hear-
Records ings in the court at which I represented the Board. During these
hearings, the attorney for the plaintiffs repeatedly emphasized
the time urgency of his case, stating that he required the material
for a trial scheduled to start in District Court on Monday, June
23, 1975.
"Upon hearing of the court's decision late in the afternoon of
June 20, I consulted with the Town's counsel in this matter. Mrs.
McCurdy and I then prepared a package containing the material de-
sired by the plaintiffs in the form established by the court. We
fully expected someone to be in for the material at any moment,
but, at the time of our departure at 5:30, we had not heard from
anyone.
"The first inquiry for the data was received from one of the
plaintiffs on Wednesday, July 9, 1975--more than 2 1/2 weeks
after the court decision The material was finally picked up
by a plaintiff today, July 14, 3 1/2 weeks after it was so urgent-
ly required and several weeks after completion of the District
Court trial "
Mr. Bailey: This tells me that their initial action was proba-
bly frivolous, and I think there are better things for the Select-
men to be doing than indulging in that kind of thing.
Chairman Kenney: I concur Are there any comments?
No comments
Request for Chairman Kenney read a report from the Traffic Safety Committee
Traffic in response to a request from Mrs. Salvatore Casella, 104 Bedford
Signs Street, for "Caution Children" signs at both ends of, Shirley
Shirley St Street warning motorists that children are playing in the street.
The committee recommends that the request be denied (1) that this
type of sign is not intended for this purpose; (2) it is the re-
sponsibility of parents to keep their children from playing on the
roadway; (3) at some point in the past, a "Caution Children" sign
I
Selectmen's Meeting July 14, 1975
was installed by someone on the lower end of Shirley Street,and
this is an sxcelleht example of signs be indescriminately in-
stalled and subsequently ignore4 therefore, it is recommended
that inasmuch as its uselessness is apparent the sign should be
removed.
After discussion, the Board agreed that the existing sign
would remain on Shirley Street.
Mr. O'Connell recommended that an Article be inserted in the
1976 Annual Town Meeting Warrant for a traffic safety improve-
ment program throughout the Town. A study would be extremely
useful in solving neighborhood traffic problems and a manual
could be printed for the education of all citizens.
The Board agreed.
Upon motion duly made and seconded, it was voted to deny the
request of Mrs. Casella for the installation of "Caution Child-
ren" signs at both ends of Shirley Street, with the understand-
ing that the existing sign is to remain.
Chairman Kenney read a report from the Traffic Safety Committee Traffic -
in response to a letter from Miss Roberta Scenna, 68 Adams Street, Lexington
regarding improvements in the traffic situation in Lexington Center
Center, as follows:
1. Traffic signals at the intersection of Massachusetts
Avenue and Bedford Street are not necessary.
2 It is impossible to station police officers at the
Lexington Treatre and the Minuteman Statue.
3. A "Slow" sign in the Muzzey Street parking lot is un-
necessary.
4. Strict enforcement of all traffic laws is currently under-
way in the entire Town.
Upon motion duly made and seconded, it was voted to accept the
above recommendations of the Traffic Safety Committee concerning
traffic in the Center.
Chairman Kenney read a recommendation from the Traffic Safety Traffic
Committee to approve the request of Mrs. A. Kurdi, 43 Adams School
Street, for the installation of additional "School" signs in Signs
the area. Fiske School
Upon motion duly made and seconded, it was voted ro approve Area
the request of Mrs. A. Kurdi, and to instruct the Director of
Public Works to make arrangements for the installation of three
"School" signs - two on Adams Street and one on East Street,
in the Fiske School area.
I
Selectmen's ectmte s Meeting July 14, 1975
Lowell St./ The Board discussed a report from the Traffic Safety Committee
Summer St. in response to a request from Mrs. Francis Mahan, 38 Arcola Street,
Intersection for traffic lights or warning signals at the intersection of Lowell
and Summer Streets, rather than the bushes which are being planted
by the Town, The report states that this intersection is under
the jurisdiction of the Massachusetts Department of Public Works
and, therefore, it is recommended that Mrs. Mahan contact them.
Regarding the planting of the island at the intersection, this is
part of an overall sprucing up of Lowell/Summer Street area and
they will be kept at a low profile so that visibility will not be
impeded.
Also, the Board discussed a letter from Christian Academy
concerning traffic conditions in this area, a request to relocate
the Lexington Christian Academy sign, and to point out that there
is no "School Zone" sign in the area.
Upon motion duly made and seconded, it was voted to approve
the recommendation of the Traffic Safety Committee to request the
Massachusetts Department of Public Works to conduct a traffic
study of the Lowell Street/Summer Street area.
Upon motion duly made and seconded, it was voted to request
the Director of Public Works to make arrangements for the reloca-
tion of the Lexington Christian Academy sign to the northerly
side of Bartlett Avenue.
It waa agreed to write to Mrs Mahan and inform her of the
action of the Board regarding her request. Also, to write to the
Christian Academy that the study has been requested, the sign will
be relocated, and that a "School Zone" sign cannot be installed
because the Academy does not abut Lowell Street
SpringdaleChairman Kenneyread a recommendation from the Planning -
Dirac
Subdivision tor for approval of reimbursement in the amount of $4,962 30 to
Reimbursement the developer of Springdale Estates.
Upon motion duly made and seconded, it was voted to approve
the recommendation of the Planning Board to reimburse Mr. Donald
Jenkins, Jr. President of Jenkins Realty Inc. and developer of
the subdivision entitled Springdale Estates in the amount of
$4,962.30, asithe total reimbursement for the extension of sewer
in Springdale Road to Bates Road for a distance of 180 feet, and
the construction of 44 feet of drainage system in accordance with
Town specifications.
The above vote was made subject to the approval of Town
Counsel.
Jury List Chairman Kenney informed the Board that the 1975-1976 list of
jurors has been compiled and is ready for approval. There are 263
males and 168 females on the list, total of 431 jurors.
Upon motion duly made and seconded, it was voted to approve
the 1975-1976 list of jurors to be submitted to the Middlesex
County Clerk of Courts.
37-3
Selectmen's Meeting July 14, 1975
Chairman Kenney read a request from the Lexington Summer Co-
op for the use of the Visitors' Center grounds. Permit
Upon motion duly made and seconded, it was voted to grant per-
mission to the Lexington Summer Co-op to set up and operate the
Minuteman Sales Booth on the lawn in front of the Visitors' Cen-
ter on weekdays, Monday through Friday, from now until Friday,
August 29, 1975.
Upon motion duly made and seconded, it was voted to sign the Sidewalk -
Order for Construction of Sidewalk on Tewksbury Street. Tewksbury St.
Dr. Kessler informed the Board that he has received many tele- Bicycles -
phone calls regarding the problem of riding bicycles in the Cen- Lexington
ter. He felt very strongly that the Board should sake a more Center
specific attempt for stricter enforcement of the law.
Mr. O'Connell: I went through a review of this a year ago.
We have not made a provision of providing bibycle racks in the
Center and we have also thought about having racks at the four
corners. There should be strict enforcement of no riding of
bicybles in the Center, but they may be wheeled through; no
parking of bicycles only at corner points. These rules were de-
cided during the review, and I think we ought to update it. The
Lions Club has indicated a willingness to supply the bicycle
racks.
Chairman Kenney We should refer this to the Trafftd Safety
Committee forraereamindationson appropriate places to put the
racks. Also, to send a memo to Chief Corr requesting that he alert
the policemen on enforcement of no bicycle riding on sidewalks in
the Center.
Chairman Kenney informed the Board that a telephone call had Permit -
been received from ABC Make a Wish prbq. hm Director requesting Battle Green
the use of the Green for a TV Bicentennial film with host narra-
tor, Tom Chapin, sometime during July.
Upon motion duly made and seconded, it was voted to grant per-
mission to ABC for the use of the Battle Green in July, subject
to conditions set forth by the Town Manager
Upon motion duly made and seconded, it was voted to table the Grammont
report from the Director of Public Works/Engineering regarding re- Sewer Bond
lease of the bond on the Grammont sewer, pending furhter informa-
tion from Mr. McSweeney
Chairman Kenney read an application from Paul Naughton, owner Common
of Bi-centennial Tours, has requested a license for the carriage Carrier
of passengers in the Town. He must have permission from the Select- License
men in order to make application to the Department of Public Util-
ities.
III
374
Selectmen's Meeting July 14, 1975
Upon motion dulymade and seconded, it was voted to grant a
common carrier license to Bi-centennial Tours, 89 Arcadia Street,
Waltham, subject t9 specific routes, stops, and parking in de-
signated areas after discharge of passengers.
Chairman Kenney discussed the State Census He expalined
State that the estimated cost is between $7-$8,000 with reimbursement
Census from the State of 25 cents per person. The problem is that plans
Costs were finalized after approval of Article 4 and nothing has been
budgeted. We were able to absorb some costs in FY 75 budget
but we are now faced with $4,500, more or less, in future ex-
penses. The Town Manager has suggested that we take it out of
Selectmen's Account #1050 and notify the Appropriation Committee
that we will request a transfer of these funds back to 1050.
The Board agreed.
Mr. O'Connell discussed lead paint inspections.
Lead MY O'Connell: We are trying to conform to the State mandate
Paint regarding these inspections but the law is so complex. We are
Inspections currently struggling with the increased workload for the Health
Inspector, and have been trying to get a CETA job. So •far, we
have been unsuccessful. The Health Director and I feel that a
communication meeting with representatives of Real Estate offices,
banks, etc. might enable us to get a common understanding of the
problem.
Chairman Kenney I would suggest that you meet with our State
Legislator first to see about changing the law.
Mr. O'Connell agreed.
Mr. McSweeney discussed a long-pending request of Mr. Robert
Rushton Rushton, 29 Marrett Road, for a water connection. to service his
Water property. We have made every effort to assist Mr. Rushton but
Connection he has not fulfilled his responsibilities, i.e. to obtain an
easement from Mr. Gail Smith and to obtain permission from the
fee owner of the property to construct and maintain such a
connection. Also, Hanscom Air Base is making every effort to
cooperate in the preparation of the Consent Agreement necessary
for water service connection on the pipeline of Hanscom Field.
Finnally, Mr. Rushton's son has informed me that he has com-
pleted the requirements and will meet with us on Wednesday to
discuss them.
Mr. McSweeney was: instructed, after the meeting with Mr
Rushton, to draft a letter to the Department of the Army request-
ing further action on processing the Consent Agreement.
I
Selectmen's Meeting July 14, 1975
Upon motion duly made and seconded, it was voted to go into
Executive Session for the purpose of discussing, deliberating Executive
or voting on matters which, if made public, might adversely Session
affect the public security or the financial interests of the Town,
or the reputation of a person.
After discussion of personnel matters, it was voted to go out
of Executive Session and adjourn.
Upon motion duly made and seconded, it was voted to adjourn
at 10 00 p.m.
A true record, Attest:
;,,c
ti.✓ Executive Clerk, Selectme