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HomeMy WebLinkAbout1975-01-13-BOS-min 182 SELECTMEN'S MEETING January 13, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, January 13, 1975 at 7 30 p.m. Chairman Kenney, Messrs Bailey, Buse, 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 Mr Louis Zehner, Town Treasurer, met with the Board to request Treasurer approval of borrowing $50,000 for the pumping station on the sewer project entered into with the Town of Bedford and the Air Force. We owe $37,000 and there will be some additional costs. In asking for bids, I told the banks that, although the loan would be for $50,000, $37,000 would be Weaken out immediately He recommended that the bid be accepted from the low bidder, Depositors Trust Company, in the amount of $50,000 at 3 26 percent interest Other bidders were County Bank-3 70 percent; Harvard Trust-3 95 percent; New England Merchants-3 75 percent Upon motion duly made and seconded, it was voted to accept the bid of the Depositors Trust Company in the amount of $50,000 at 3.26 percent interest; notes to be dated January 17, 1975, and mature June 27, 1975 Mr O'Connell described the circumstances of the tragic fire Fire at 22 Summit Road on January 10, where two women Lost their lives Summit Rd The alarm was received at Fire Headquarters at 12 20 a m. , and was reported by a member of the family Two cruisers and an engine company from East Lexington arrived within two minutes, followed by Deputy Chief Marshall and equipment from headquarters. When the fire- men and policemen reached the seene, the father, Mr. Webb, was hang- ing out the window with his daughter in her arms The child was taken by the firemen and Mr Webb fell back into the fire He was rescued and he and his daughter are hospitalized with severe burns Mrs. Webb and her mother lost their lives; Mr Webb's mother is hospital- alized with injuries, and young Peter Webb escaped without injury. It was a hot and intense fire and it showed the imporatance of pre-fire escape drills I have taken the liberty of writing to the police and fire departments congratulating them on performing such an exceptional and fast job The Board asked Mr. O'Connell to express their thanks for an outstanding performance by both departments 183 Selectmen' Meeting January 13, 1975 Mr. O'Connell discussed the proposed budget of the Minuteman Min. Reg. Regional Vocational Technical School and it was agreed that Mr. Vocational Bailey and Mr Busa are to represent the Board at a scheduled School budget meeting at the Vocational School on January 14. Budget Mr O'Connell di:sssusissa t. the Comprehensive Employment Train,. CETA ing Act. Congress appropriated large sums of money and, at the same time, agreed to extend unemployment payments. At the time, we submitted requests for seven positions and we were told, in- formally, that funds were cut in half and $30-35,000 will be our probable allotment for this year for additional programs; this is done at the consortium level, and ours is headed by Newton We have been examining our needs in the personal services budget. It becomes a matching proposition between our greatest needs and it has to be done quickly or the money goes elsewhere Chairman Kenney What is the requirement?- Mr O'Connell Thirteen weeks of unemployment, minority con- siderations, the handicapped, veterans Preference is given to those whose difficulty is in getting positions The Board agreed that Mr O'Connell is to follow up on CETA. Chairman Kenney read a recommendation from the Town Celebra- tions Committee to appoint Mr Edward Turner to fill the vacancy Appointment on the Committee caused by the resignation of Mr James Fenske Town Upon motion duly made and seconded, it was voted to appoint Celebration Mr Edward Turner a member of the Town Celebrations Committee for Comm. a term of office expiring April 30, 1975. Chairman Kenney said that the Board will vote the intention to Streets lay out the streets to be submitted for the approval of Town Meeting Intent Betterment streets to be considered are Kendall Road. and Belfry to Lay Out Terrace; the construction of a public footpath from Valleyfield Street to Waltham Street; and Subdivision Streets recommended by the Planning Board. Residents of Kendall Road were present and submitted a petition Kendall Rd "We, the undersigned six out of seven abutters of Kendall Road be- Deletion tween Waltham Street and Hilltop Avenue, are opposed to the town accepting our street. Among the reasons are 1 It is an unnecessary expenditure of $21,200 2 Kendall Road would become a cut-off for cars seeking to avoid the light at Waltham Street and Marrett Road. 3. The safety of children playing and going to Franklin School would be endangered 4 Car accidents at the intersections of Kendall Road with Waltham Street and Marrett Road (which are partially blind) would increase. x_84 Selectmen's Meeting January 13, 1975 Robert Stein 9 Kendall Rd , Lexington, Mass II/Laura C Stein 9 Kendall Rd. , Lexington, Mass. George A. Amichetti 16 Kendall Rd. , Lexington, Mass William W Wright, Jr 11 Kendall Rd. , Lexington, Mass Doris L Wright 11 Kendall Rd. , Lexington, Mass Mark A. Wright 11 Kendall Rd. , Lexington, Mass William W Wright, III 11 Kendall Rd. , Lexington, Mass Everett M Dillman 472 Waltham St , Lexington, Mass Irene Dillman 472 Waltham St. , Lexington, Msss. E M. Cassidy 1 Kendall Rd. , Lexington, Mass M. F Cassidy 1 Kendall Rd. , Lexington, Mass. M. P Kelley 1 Kendall Rd. , Lexington, Mass. Nancy Blue 1 Hilltop Ave. , Lexington, Mass R. G Blue 1 Hilltop Ave , Lexington, Mass Virginia F Amichetti 16 Kendall Rd. , Lexington, Mass. " Mr. Robert Stein, 9 Kendall Road The petition states our feel- ings. We differ on why we are opposed but one of the main reasons is not,to open up the street for people to use it to cut off the lights. Chairman Kenney I think that the position of the Board will be that, because we have petitions for more projects than we have money for and with these tight days for capital expenditures, if the residents don't want the street to be accepted, we concur on deleting the street from the list Mr Huse People on Kendall Road must understand that, at some point in time, every street in Lexington must be accepted, especially for safety and the damage to snowplows I concur with your feelings for not having it accepted but it is not fair to other people in the Town when you travel over the other streets. If you don't want it, this is the year to take it out Mr Bailey Is there any compelling reason why Kendall Road should be built? Mr Martin, Assistant Engineer No, the street was included on the basis of a request. Chairman Kenney Mr Husa's point is well taken; the time will come when the street will have to be kept up to standards. Upon motion duly made and seconded, it was voted to delete the intent to lay out Kendall Road from the list submitted. Construction Street for Acceptance Street Belfrey Terrace 350' From Forest Street the end Intent to Lay Out Footpath Construction for Acceptance Public Footpath 900' From Valleyfield Street to Waltham Street 1 18 >0 J Selectmen's Meeting January 13, 1975 Subdivision Streets for Acceptance Columbus Street 150' From the accepted portion of Columbus Street to end Kendall Road 2230' From Sherburne Road to the Vine Brook Sherburne Road 1125' From Kendall Road to 110' beyond Dane Road Worthen Road 1100' Starting 400' from John Poulter Road to 150' beyond Sherburne Road Springdale Road 900' From Bates Road to the end Emerson Road 520' From Maple Street to the end Bryant Rcad 330' From Page Road to Emerson Road Bushnell Drive 470' From Worthen Road to the end Village Circle 1350' From Bryant Road to the end Militia Drive 460' From Worthen Road to the end Upor motion duly made and seconded, it was voted to set the date Street for Stee€t Hearings on February 5, 1975 at 7 30 p.m. in Estahr.Ol'k Hearings Hall. Mr Stanley Blank, residents of Circle Road, and Mr. Paul Village MacKenzie , Representative of the Planning Board, met with the Select- Circle men to discuss the Village Circle island Island IIIChairman Kenney Several years ago, the Town accepted Village Circle i,subdivision) under cluster-type zoning. At the end, there is an island and, from an appearance standpoint and a draining stand- point, it leaves a lot to be desired Nothing was done to this island. It was arl oversight and we had some discussion with the Planning Board and we asked Mr. McSweeney to meet with the neighbors We have received a memo from Mr McSweeney stating "a meeting was held with the neighbors of the Village Circle area on Friday, December 27th, at the home of Mr & Mrs Daniel F Doran, Jr. , 16 Village Circle. This meeting was held at my request with Mr Kenneth Briggs, Planning Director, assisting me in notifying all parties concern Tho a in attendance were John McSweeney, Paul Mazerall, Paul MacKenzi , Kenneth Briggs, Albert Zabin, and residents of Village Circle Mr & Mrs Stanley Blank, Mr. & Mrs Joshi, Jean Kleinschmidt, Mrs & M Daniel Doran, Jr. , Mr & Mrs. Edward Ruane, Mr & Mrs Joseph S iney, Mr & Mrs Joel A. Adler I e lained to the residents that this was an informal meeting and that the Board of Selectmen had requested that I obtain their opinions on the existing condition of the Circle and of any recommended proposal, that they might suggest. It Tas the abutter's wish that the Circle be landscaped with a conto at street grade or higher and that the landscaping be such, with a m nimum of maintenance. As you know, this proposal was estimated 111 at a cos of approximately $10,000 186 Selectmen's Meeting January 13, 1975 On December 30th, I requested the Engineering Department to 11/ take some spot elevations within the Circle and the adjacent drain- age structures. After reviewing this material, it is my recommend- ation that the Circle be filled in with pervious material with a variable depth from 1' to 3' , landscaped with appropriate ground cover, and shrubs that will spread naturally and mix with the native annuals. The total cost of this proposal is approximately $3,000 " Mr Stanley Blank These are comments of the neighbors We would like to appeal to the Selectmen's sense of fairness to rectify the situation It is unique in that the Circle was turned over to the Town, and the Town having accepted it in this state This error should be rectified, consistent with the homes surrounding it I don't feel those facing the street should be penalized for a situation over which we had no control All the people facing the Circle have been promised that the Circle would be filled and graded and brought to a finished state Many people made a decision to buy a home based on those promises, nebulous as they were We appeal to the Board on that basis Basically, people on the street would like to see it filled to grade and mounded over and planted, as Mr. McSweeney re- commends If left in a dish-shaped area, this way there would be standing water Mr Bailey Is the solution that you are saying is acceptable to you and the neighbors the same as Mr. McSweeney recommended?. that the Circle be filled in with pervious material with a variable depth from 1' to 3' , landscaped with appropriate ground cover, and shrubs that will spread naturally and mix with the native annuals. The total cost of this proposal is approximately $3,000 " Is this acceptable? Mr. Blank If I understand it, it would still leave it in a semi-dish form and it would not be up to grade Mr Adler To sum it up, most of the people are not against wood chips. Chairman Kenney We are not offering them. You get into a maintenance problem with them. Mr Blank As it is now, it is a bunch of boulders and weeds Chairman Kenney Mr. McSweeney is talking about landscaping with an appropriate ground cover. Mr Blank We have no disagreement with that It is a matter of grade and getting rid of standing water Mr. McSweeney The proposal I am submitting will get rid of standing water Mr. Busa If standing water is eliminated, then the grade is not paramount. Mr Blank Does Mr. McSweeney's solution also include plant- ing of trees? Mr McSweeney Yes. Chairman Kenney As I understand it, you raise the grade 1 to 3 feet, cover and plant it - a rustic-type area. 187 Selectmen's Meeting January 13, 1975 Mr McSweeney Yes, and use some of the materials that Mr Kleinschnidt had submitted in an earlier proposal Most of the expenditure of $3,000 is in landscaping When I say filling from 1 to 3 feet, we go up to the area there will be a french drain in it (although I don't think it is necessary) and catch basins out- side of the island. Chairman Kenney You are saying there will be drainage? Mr. Busa He is saying drainage up to grade Mr Brown The center of it is not 5 to 6 feet below street level What do you mean? Mr McSweeney It will be a dish. Mr Busa But it will drain out. Their concern is that there won't be standing water Mr McSweeney There will be a drain in it but it won't be in the bowl Mr. Adler Most of the people would rather it be brought up to street level They would be willing to accept 3 feet and a drain as an alternative to nothing Mr. Bailey I think we are hearing the difference between $3,000 and $10,000 Mr. Adler You are doubling the fill at $10,000 Mr Bailey There were differences in landscaping between $3,000 and $10,000. Mr McSweeney I know they were talking $7,000 for the fill Mr O'Connell $10,000 was my figure for the budget Chairman Kenney Are you saying $7,000 for fill and $3,000 for planting? Mr. Blank The figure I heard was $2 50 per yard and it wouldn't take 100 truck-loads to fill it, and that would be $2,500 Mr. Busa You can't estimate by truck-load, only by engineering estimates Mr McSweeney: In taking free and standing water out, we are giving what you asked for, otherwise it would end up as a park This area is not unique and it should have a natural look and be in keeping with the surrounding neighborhood, and provide practically no main- tenance for the Public Works/Engineering Department Mr. Bailey What is the diameter? Mr. Blank 25,000 sq ft Mr Bailey Are there any other funds available other than Town funds? What about the developer? Mr McSweeney The developer has only promised to donate a certain number of trees, maybe ten Mr. Blank If it isn't in writing, I don't think you can count on it Mr. Bailey Would the neighborhood contribute? Mr. Blank The neighborhood don't want to contribute since it isn't tteir land, nor do they want to contribute to a maintenance trogram. We are not looking for a park but to end up with an area that is pleasing in appearance, and not have standing water, which is a ha2ard to children - and when you drive down the street, not to see the Village Circle landfill Chairman Kenney- Mr McSweeney has given you what you want Mr Blank to Mr McSweeney What do you envision for trees? 188 Selectmen's Meeting January 13, 1975 Mr McSweeney Swamp maple, willows Mr Blank Is there a possibility of putting in a few ever- greens? Mr McSweeney I look at those as something bought from a local nursery Chairman Kenney Would evergreens grow there? Mr. McSweeney I don't know Mr Busa There could be flowering shrubs and some laurels Mr. McSweeney I understand from Mr Mazerall (Tree Warden) that everything Mr. Kleinschmidt has suggested in his letter (about ground cover and trees) would go very well in the type of area I am talking about Mr. Blank The neighbors would primarily be interested in having an area pleasing to them rather than this It is facing nine homes. Mr. Bailey What we have to do, as a result of this discussion, is come up with a dollar figure My inclination is to opt for $3,000, with the proviso to accept any trees the developer would supply; also, the cost of fill and landscaping be drawn up by the Director of Public Works. We will go as far as we can with $3,000 and materials suppli- ed by the developer. Chairman Kenney You are suggesting the acceptance of the re- commendation of the Director of Public Works and, on the type of trees, to consult with Mr Paul Mazerall to give it the best possible appearance Beyond that, I would suggest we put it in the operating budget Mr MacKenzie Do you want it under Article 4? Mr Busa Yes, under park maintenance. Mr Adler The $3,000 figure is a nice round figure but if any- one looked at it, he would say, "How many yards and how much land- scaping?" I suggest that $3,000 might bring it up to street level and bring it up to a park nature Mr O'Connell I don't know about being able to buy fill for $2.50 a yard, nor how much it would be in the spring Mr. McSweeney I suggest you ask what someone else could do with 25,000 sq ft We are very close to the dollar when we say between $6-$7,000 worth of fill Mr. Adler argued that $6-$7,000 would be a faulty figure Mr. Bailey I think you are getting what you want for $3,000 The Board agreed and will include $3,000 in the DPW operating budget for the Village Circle island. The residents of Village Circle retired from the meeting Hartwell Mr McSweeney, Director of Public Works/Engineerings Mr Chase, Avenue Town Engineer; Mr. William Martin, Assistant Town Engineer; Mr. Sanitary James Snell, Project Manage'of C.E Maguire Co. , met with the Beard Landfill to discuss the Hartwell Avenue landfill study. 189 Selectmen's Meeting January 13, 1975 Mr. McSweeney: We feel we are wrapping up from an engineer- ing standpoint as much as we can, without too many results from the State agencies we are dealing with. We thought we were ready a year ago. Both C. E Maguire and you felt we had supplied them with suf'icient data. Last year, we had meetings with them and January ..6 will be our 8th meeting We have provided the Depart- ment of Natural Resources With a wealth of information and, about three months ago, a letter from DNR said they would not conduct future reviews until we had provided information on equal com- pensating storage and adverse effects on public water_ supplies DNR had received correspondence from the Department of Public Health that the landfill may adversely affect the wells of the towns of Bedford and Burlington We again met with.DNR and provided them with additional information. C. E Maguire has stressed water quality, which was submitted to the Department of Publi : Health In ehort, we are having trouble getting answers out of two State agencies It is the position of the Engineering Department and C. E Maguire that we have supplied sufficient data for them to make a finding, but we are unable to get any conclusions on the project Mr McSweeney In October, we received two condition from DNR, one from the Department of Public Health and the other, DNR's requirements for compensatory storage Our reaction was, at first, to try and meet all the rules and regulations After discussing them with Maguire and the Engineering Department, it was agreed to investigate both of these one more time and come up with a form for compensatory storage - and we set up a meeting with DPH on January 9 to review conditions for DNR. The purpose of the meeting tonight is that we feel all of the data should be forthcoming and we have a plan and proposal for submittal to DNR; an operating plan that conforms to the rules and regulations that will be submitted. I would like to request that this final committal to both agencies be done by the Selectmen, in- cluding a request for a formal or informal meeting with Commissioner Brownell of the DNR and Commissioner Collins of DPH The second reason for this meeting tonight is C. E Maguire has evaluated this project and also an additional one on Tophet Siywmp. Meeting at DNR and DPH have been very frustrating I think it is time the Board stepped in and opened some doors Mr. Snell can represent Maguire's side of the highly professional job they have done in Lexington; which we have had without asking for further compensation on their part Mr. Snell I would like to thank the Board for the opportunity to be of service. We feel we have designed the side in accordance with Chapter 11-the status of plant life of the area (an ecologist studies it) and that any further fill would not have an effect on the area We tested the water quality relative to water pollution to show water entering and leaving the system and, also, the hydrolic and drainage so that any undue hazard would not be created as far 190 Selectmen's Meeting January 13, 1975 as 10, 50, or 100 year flood is concerned We evaluated every situation and our professional opinion is that DNR and DPW have enough data. Chairman Kenney In summation, you have had many meetings, which have been going on for over a year Through C E Maguire, you presented Engineer-data, and you are frustrated because DNR has given you no Order of Conditions. I have received a draft of a letter which Mr. McSweeney recommends be sent to the DNR. Does the Board approve the position stated in the letter? The Board agreed that the following letter is to be sent to Commissioner Brownell, Department of Natural Resources "You have received, under separate cover from C E Maguire, the supplementary information relative to "equal compensating storage" as requested in comment No. 2 of your letter of October 8, 1974. Comment No 1, relative to "adverse effects on public water supplies," is addressed in the Operation Manual and the ecological and enviromental overviews, which have been in your possession for some time As a result of seven previous meetings with your office, numer- ous meetings with other state and local agencies, and the abundance of additional supportive data transmitted at these meetings, it is the position of the Town of Lexington that sufficient information now exists, and is available in your office, for you to make prudent and definitive conslusions as to whether any significant, adverse effects would result if this project were to proceed We also respectifully remind you that, as of the first of next month, one full year will have elapsed from the date of the original filing of a notice of intent for this project The Town can ill afford to proceed with their long-range solid waste disposal plans without benefit of some indication of an approved direction We believe that the Department of Natural Resources has an obligation to promptly and accurately proceed in this matter and, in light of this request, that a meeting between you and our board be arranged at your earliest possible convenience We will look forward to hearing from you shortly regarding this matter " Chairman Kenney I would point out that the townspeople have to be kept aware that the sanitary landfill is running out; we only have two years, ecologically, to satisfy all the problems that were presented to us - and we have done it If we had to close the dump, we would have a major problem Mr.McSweeney is to bring the above-quoted letter to the meeting with DNR on January 16, 1975. Mr. Chase, Mr. Martin and Mr Snell retired from the meeting. 191 Selectmen's Meeting January 13, 1975 Chairman Kenney read a report from Mr McSweeney regarding a request from Mr Peter Sowkow for permission to relocate the brook on Lot 91 Valleyfield Street "In our letter of May 2, 1974, to Attorney David P. Murphy, representing Tripi-Sowkow, we stated that permission to do the work could be given by the Selectmen As a condition of this permission, we asked for an acceptable plan and profile of the relocation That condition has only been partically met DPW/Engineering requires a plan showing what is proposed to be done, not one with several alternatives We also require a profile, not spot grades We also ask that the existing 24' sewer line in Grassland Street be shown on plan and profile Chapter 263 of the Acts and Resolves of 1926, "the Drainage Bill," grants the Town of Lexington through its Board of Select- men authority to alter water courses and to acquire brook ease- ments as it deems necessary. While this request is solely for permission to alter the course of a brook, DPW/Engineering feels that is also an opportunity to acquire an easement where one does not presently exist. Town acquisition of an easement would serve everyone's interest in that the course of the brook would be firmly set once and for all, and the unquestionable right to enter private- ly-owned land would be given to the Town We have asked Mr. Murphy for consideration of such a grant of easement We have also stated that its width and location could be decided by mutual agreement Inasmuch as our request has received no reply, we recommend that permission to relocate the brook be given subject to the granting of an easement to the Town and subject to submittal to DPW/Engineer- ing of an acceptable plan and profile of the work to be done After discussion, the Board agreed to grant permission subject to conditions Upon motion duly made and seconded, it was voted to grant per- mission to Mr Peter Sowkow, 64 Valleyfield Street, to relocate the brook on Lot 91 Valleyfield Street, subject to the following conditons 1 Plan and probile to be submitted to the Director of Public Works/Engineering for approval of the work to be done. 2. A grant of a brook easement is to be furnished to the Town 3. Contact Mr. McSweeney to further discuss the project. The Board discussed and agreed to amend the Traffic Rules and Stop Orders for the addition of Stop signs. Signs - Upon motion duly made and seconded, it was voted to amend the Traffic Traffic Rules and Orders of Lexington by adding to Article VIII, Amendment Section 22, Schedule #7, the following Liberty Ave and Revere St 192 Selectmen's Meeting January 13, 1975 STREET LOCATION REGULATION Liberty Avenue Southeastbound at Revere Street Stop Revere Street Northeastbound at Hancock Street Stop Revere Street Southeastbound at Hancock Street Stop Revere Street Northwestbound at Revere Street Stop The Board agreed to request approval of the State Department of Public Works for the amendment to the Traffic Rules and Orders by the addition of Stop sign locations Permit Upon motion duly made and seconded, it was voted to approve Green the request of Mr Donald J Gillespie for a Lexington High School Band Concert on the Green on Sunday, June 8, 1975, from 2 00 - 4 00pm. II Chairman Kenney informed the Board that a telephone quotation Town has been received from the Lexington Press, Inc to print the 1975 Warrant Annual Town Warrant in the amount of $41 50 per page Printing Upon motion duly made and seconded, it was voted to award the contract for the printing of the 1975 Annual Town Warrant by the Lexington Press, Inc , 7 Oakland Street, Lexington, in the amount of $41 50 per page Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session for the purpose of discussing, deliberating 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 matters of personnel and the financial interests of the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 00 p m. A true record, Attest ), 7h e ci N' Executive Clerk, Selectmen I