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HomeMy WebLinkAbout1974-09-30-BOS-min () 4 SELECTMEN'S MEETING September 30, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, September 30, 1974, at 7 15 p.m Chairman Kenney, Messrs Bailey, Buse and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr. McSweeney Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Miss Mary R. McDonough, Town Clerk, Mrs. Lois Brown, Mrs. Helena Butters, Mrs. Natalie Riffin, and members of a Citizens' Planning Com- mittee met with the Board to present a painting by the Lexington artist, Philip Parsons, to Miss McDonough in recognition of her tenth year as Town Clerk Town Clerk and thirty-three years of service to the Town. Mrs. Riffin I would like to thank Mr O'Connell for making ar- rangements: for this evening Mrs Butters spoke to us and we agreed it would be nice if the Town Clerk's office hada painting equal to those in other Town offices A group of us got together and we decided to ask Mr Parsons to paint a scene of Lexington for Mary In making this gift, we wish to recognize the cheerful welcome and competent attention given to all the people who visit her office, and we request that it be hung permanently in the Town Clerk's office in a prominent location clearly visible to the public On behalf of the following individuals, we present this painting to Miss McDonough Rebecca and Alan Adams Barbara and Robert Kent Lois and Sanborn Brown Diane and Eric Lund Helena and Keith Butters Martha and Irving Mabee Elizabeth and Eric Clarke Ellen and Fzank Michelman Anne and Austin Fisher Natalie and Paul Riffin Angela and Frederick Frick Elisabeth and Thomas Taylor Polly and Roland Greeley Ruth:and.Weiant Wathen-Dunn Janet and Howard Kessler Mr. O'Connell presented flowers and he and the Board members ex- pressed their appreciation to Miss McDonough for the outstanding job she has performed during her many years of service with the Town. Miss McDonough accepted the gifts and thanked everyone for the great honor bestowed upon her this evening Town Report Mr Louis Zenner, Chairman of the Town Report Committee, met with the Photography Board to show the ten photographs he is submitting for the Massachusetts Contest Selectmen's photography contest. These are pictures which have been in- cluded in previous Town reports and have been selected as the most out- standing and worthy of being included in the competition The Board thanked Mr. Zehner and he retired from the meeting. 135 Selectmen's Meeting September 30, 1974 Mr O'Connell discussed with the Board the possible locations for bus shelters in the Town Mr. Lincoln Cole, as our liaison with the M.B.T.A. , has gotten an option on them and it is up to us to recommend the locations. These are aluminum shelters, approximately 6' x 8' , to be located on a concrete slab on a strip of the sidewalk The con- crete slab could be installed by the Public Works Department. Mr. Briggs, Planning Director, recommends the following locations, but Bus there might be a problem with those within the Historic Districts: Shelters 1. Massachusetts Avenue and Taft Avenue. 2 Concord Avenue and Waltham Street 3. Lincoln Street and Marrett Road 4. Intersection of Lincoln Street and Parker Field Playground. 5. Countryside 6 Depot Square 7 Massachusetts Avenue at the Colonial Garage. Chairman Kenney Are these in order of preference? Mr O'Connell Not necessarily; these are all very busy spots. Chairman Kenney Lincoln Street and Parker Field location would probably be used the least. For now, we will recommend four locations and, later on, we can go to the Historic Districts Commission on those within their jurisdiction The Board agreed to inform Mr. Cole of the acceptance of these bus shelters, and to request him to contact Mr. McSweeney, Director of Public Works/Engineering, to finalize the arrangements for installing concrete pads in the following locations 1 Massachusetts Avenue and Taft Avenue 2. Concord Avenue and Waltham Street. 3. Lincoln Street and Marrett Road. 4 Countryside Mr William Page, Chairman of the Advisory Committee on Cable Tele- vision, met with the Board to discuss the possibility of funds for the printing of the CATV Report for distribution to interested persons in CATV the Town Mr. Page When we last met, we discussed a transfer request to the Appropriation Committee for $400 to print the CATV report The Appro- priation Committee took no action, either pro or contrary, because the particular account into which the funds would go is healthy, but all of these items are budgeted. I asked them how they would feel if we came back to them in the spring but they feel it is not absolutely necessary to give copies to Town Meeting Members We have three options (1) We could have copies in the Selectmen's Office and the Library (2) We could change the timetable and budget it for 1976; (3) We could put out a progress report; (4) We could find a cheaper way to print it (t3 Selectmen's Meeting September 30, 1974 After discussion, the Board agreed that Mr. Ward is to come back with a quotation on printing 150 copies of Volume 1 of the CATV report. Mr Ward agreed and retired from the meeting Mr. O'Connell informed the Board that we have filed with E P A. on E P.A. Reduc- employee parking lots and Chairman Kenney has just received a letter tion in from them stating there will be a "no prosecution date" until January 1, Parking 1975 as they are proposing to revise their regulations We have made Spaces great progress on this through the efforts of the Massachusetts League of Cities and Towns. Chairman Kenney read a request from Mrs William Smith, West Subur- Bike-a- ban Chapter of the Kidney Foundation, for permission to conduct a Bike- Thon a-Thon through the Town on Monday, October 28, 1974 Mr O'Connell I would suggest that they run it in sections, rather than have all bicyclists together. I don't think they need a permit. Chairman Kenney Chief Corr has approved the route. The Board had no objection and agreed to ask Mrs. Smith to make ar- rangements for the bicyclists to be separated into sections Chairman Kenney read a request from the Eunice Kennedy Shriver Center for Mental Retardation for permission for a Walk-a-Thon on Sunday, October 20, 1974. The Board had no objection Mrs Rebecca Shankland and members of the Munroe School P.T.A. met with the Board to discuss the installation of a pedestrian traffic signal. Mrs. Shankland We represent Munroe School P.T.A. When we came Munroe originally a year and a half ago, the petition was signed by 88 people; School there were 103 families but, because it was June, there were 15 out of P T.A. town This represented 84 percent We have now grown to 123 families and concern is close to 100 percent Speaking on behalf of the petition signers, this is for a pedestrian traffic light One signer is a senior citizen and he felt there is a heed between Adams School and the Center because there is no protective crossing for pedestrians There is a need for adults as well as children 1 Massachusetts Avenue, near the Munroe School, there is high density traffic In September, a survey showed more than 1,000 cars per hour, which amounts to 17 cars per minute and 1 car every 4 seconds. The speed limit is 35 miles per hour and most of the traffic travels that or faster. In making a traffic count, we saw it was difficult to cross the street for 1 or 3 minutes for clear crossing. 2 The second factor is children, particularly when there is no school crossing guard. The time would be for extra help be- fore and after school, and especially Thursday after school sports programs and Brownies; playgrounds are used also on weekends Selectmen's Meeting September 30, 1974 We see a serious problem at Munroe School and a traffic light would alleviate this problem. Chairman Kenney We have received a report from the Traffic Safety Committee stating, ". the Traffic Safety Committee would like to say that the "balanced account" of conclusions in the Manual on Uniform Traffic Control Devices and, further, we were not aware that a traffic safety problem existed at this location Also, the Committee was of the opinion that it was comprised of "those people in the Town who are responsible in such matters," which is a quote from the Munroe School PTA report being the agency which makes recommendations based on facts to the Board. Obviously, conclusive guidance, in the form of the Manual, does exist and, in accordance with our following that guidance, we again recommend that the request of the P T A. be denied. Further, we recom- mend that, until such time as substantial increases in vehicular and/or pedestrian volumes occur, the Board notify the P T.A. that no additional applications will be considered " Chairman Kenney to Mr McSweeney Did you take prior surveys? Mr. McSweeney: Yes Chairman Kenney Mr McSweeney's report also states that in order to !properly re-evaluate the validity of such an installation of pedes- trilaa actuated traffic signals on Massachusetts Avenue at the Munroe School, the Committee requested that the Engineering Department and the Police Department gather new data relative to speed, vehicular volume, and pedestrian volume This data revealed that the 85 percentile speed is 140 M.P.H. ; the vehicular volume is approximately 1000 vehicles per hour, between 7 00 A.M. and 6 00 P M. , and the pedestrian volume varies from a high of 129 per hour to zero per hour, and during the two sub- ject days did not exceed 267 for an 11-hour period These results are substantially the same as those we have found in studies of this loca- tion during the past two years More importantly, the warrants for the installation are not met Two of the 8 warrants apply to this particular petition They are Warrant 3, Minimum Pedestrian Volume, and Warrant 4, School Crossings. Warrant 3 is based on two conditions, both of which must be met. The first relates to pedestrian volume. It states that for each of any eight hours of an average day there must be 150 pedestrians or more crossing This condition is clearly not met. The volume does not exist Warrant 4 is based on a time delay premise; it is not met by this loca- tion; firstly because a crossing guard is present when school opens and closes. Secondly, even without the assistance of a crossing guard, our observations tell us that adequate gaps in traffic exist." Chairman Kenney The Traffic Safety Committee's recommendation is based primarily on the criteria that is acceptable to the State. The warrants are in no way being met. They also feel that sufficient traf- fic gaps do exist, and nothing is completely safe. We share your concern for your children's safety but they have to be taught. Mrs. Battin How were the warrants met for Adams and Parker Schools? b8 Selectmen's Meeting September 30, 1974 Chairman Kenney Parker has a different set of warrants, for vehi- cular intersections. Adams School has the library and a church. I understand the State can make exceptions. Mr Brown There is a school, two churches, and the library; it brings the average up much higher than children just going to play Chairman Kenney The question is whether you further improve it by putting in a traffic light. The State engineers feel you have to meet the warrant Mr Lombard, School Principal The State does make compromises. are you saying there isn't an appeal by us to the State? Chairman Kenney I didn't say that. If you felt there was a real strong case 1 . Mr Lombard I am saying does it stop here or go further? When you make a final decision, can an appeal be made to the State? Dr. Kenneth Snell, P T A. I called the State DPW and asked what the warrants were about and was told that they were primarily interested in vehicular volume and, if it was more than 60 seconds to get across the street, a warrant would be considered regardless of vehicular traffic. Mr. Silverman We are grateful to Mr McSweeney for the Manual on Uniform Traffic Control but I question whether we should use Chapter 7 rather than 3 or 4 Chapter 7 is school areas; 7A-3 has crossing crite- ria that you have to have the number of gaps equal the number ofcminutes Both DPW and you agreed on 1,000 cars per hour, and we are talking less than 1 a minute, which would meet+this criteria It seems to me that if one focuses on Chapter 7-School Crossings then the criteria would be met and the board would be justified in requesting a signal Mr. McSweeney Then you would set up a school zone, and that wouldn't fit the purposes. You presently have a crossing guard there School Zone lights reduce the speed down to 20 miles per hour and they are on in the morning and afternoon Mr. Bailey I am hearing that there is some other kind of traffic control device, something that will create gaps I don't see how a school zone will create gaps. Did you time the gaps? Mr McSweeney I don't believe so Chairman Kenney Mr Bailey's question is, "Is there a method whereby you can create gaps?" Mr. McSweeney It is interrupted in mid-blocks. Chairman Kenney The Traffic Safety Committee said these were suffi- cient gaps. Mr. Brown I have watched the operation of the traffic light at East Lexington, and it was used often by the children to get agross the street. It seems to me that, essentially, that traffic goes by at that point as it goes by Munroe. I wonder about the gaps at that light and at Munroe. Mr McSweeney I don't have the figures available. I Selectmen's Meeting September 30, 1974 Chairman Kenney It would be better to get a comparison. Is it true that if there are insufficient gaps that might be able to over- ride the pedestrian count, which they don't have? For the edification of the Board, provide us with some sort of a study made regarding the gaps. Mr. McSweeney Remember that the gaps and pedestrians are not re- lated to the school. We believe that a crossing guard is much safer than a traffic light Chairman Kenney We agree We will go over the figures with the State and ask them to come out to go through each warrant Mr. Bailey: See if Mr Silverman is correct Mrs. Battin In case we don't meet the warrants, there must be education of children and motorists Have you plans for more strictly enforcing the rules and regulations? Mr. McSweeney The Chief is very strict Don't forget they have a Safety program in the schools Mr. Brown I would point out the fault of adults; if there is any policeman there, they observe the signs I am saying it is the adults, not the kids. Mrs Battin agreed Perhaps there ought to be citizen membership on the Traffic Safety Committee Chairman Kenney I hesitate to put citizens on, but we do allow and encourage people to attend their meetings Chief Corr has met with these people in his office and 25 or 30 of them were there Mrs. Battin I just thought that, like the Design Advisory Com- cittee, they might be of use, and it is a good point we might consider Chairman Kenney We will leave it that Mr McSweeney will bring back further information on gaps in the Munroe School area. Also, check the point made by Mr. Silverman regarding Chapter 7. The Board agreed to contact the Munroe School P.T A. when the in- formation is received from Mr. McSweeney. The Board discussed the invitation to the President of the United States to attend the rededication of the Battle Green on Sunday, April Bicentennial 20, 1975. Invitation It was the unanimous decision of the Board that the invitation be to the extended to the President, to be hand-delivered by the Chairman of the President Board of Selectmen. Mr Buse recommended that a member of the Bicentennial Corporation be invited to accompany the Chairman to Washington and present a Bicen- tennial medallion to the President. Mr. O'Connell added that a representative of the Scottish Rites' Museum of Natural History should also be invited. Mrs. Battin asked if there were any particular security costs in- volved? 7 V Selectmen's Meeting September 30, 1974 11/ Mr. O'Connell said that they would be very substantial The Secret Service, out of Boston, would handle it but if thousands of people want to see the President, it is a local problem - before, during and after The federal government just moves him through the crowd. It was agreed that Chairman Kenney is to talk with Mr. Tarlin, Bicentennial Director, to draft an invitation to the President to attend the ceremony on April 20, 1975. Chairman Kenney read a request from Mr. William Killefer, 8 Elena Killefer Road, for permission to tie into an existing Town-owned drain, adjacent Drain to his back property line, for the installation of an in-ground swimming Elena Road pool The drainage tie-in would be at Mr. Killefer's expense. A report from Mr. McSweeney states that this proposal is acceptable to the Department of Public Works/Engineering and he recommends that the Board grant approval Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Director of Public Works/Engineering to grant permission to Mr. William Killefer, Jr. to tie into a Town-owned drainage system abutting the rear of his property at his expense, subject to the follow- ing conditions set forth by the Director of Public Works/Engineering 1. All work will be done in accordance with Town specifications. 2- By no way will any back-wash water from the proposed pool be discharged into the proposed or existing drainage systems. 3 The owner guarantees that the Town shall not be held liable for any damages resulting from the backing up of any drainage system. Chairman Kenney read a report from Mr. McSweeney, Director of Public Works/Engineering, in reply to a request from the Lexington Golf Club for an adjustment in the water bill of $870.25, which the Club feels is a very considerable amount of money for their water bill. Lexington The report states that our records indicate that in July of this Golf Club year, the Lexington Golf Club requested a check of their Pit Meter No Water Bill C-61-55 that services the Club, and it was found to be running in good working order on that day. This check was done at the request of the Chairman of the Greens Committee as a result of the high water bill that they had received At that time, the Working Foreman of the Water Divi- sion notified them that the meter was in good working order and that they apparently had a leak on their side of the meter (this was the reason for the meter to be operating) , and he suggested that they check their line because it could have been running all winter In checking recently, they have given us the indication that they have not repaired their lines. I personally witnessed a bad leak running adjacent to the club house With two 2" lines servicing their maintenance needs, it does not take long to run up a sizable bill 71 Selectmen's Meeting September 30, 1974 I would suggest that they contact the Water Division and have this serjvice shut down at the main until this condition is corrected. I would also recommend that the line be shut down seasonably to prevent any: misuse or vandalism to their line Therefore, I find no reason for recommending an adjustment on this bill Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering that there is to be no adjustment of the water bill and to inform the Lexington Golf Club that the amount of $870 25 is due and payable to the Town of Lexington. Upon motion duly made and seconded, it was voted to table the memo from the Conservation Commission regarding conditions at Bowman Park, pending a recommendation from Mr. McSweeney. Chairman Kenney read a recommendation from the Director of Public Works/Engineering to abate the sewer betterment assessment of Andrew Cupp Cu , 171 Woburn Street, in the amount of $1,668 25 because a portion Sewer of the lot has been previously assessed. Betterment Upon motion duly made and seconded, it was voted to sign the Abatement abatement of the sewer betterment assessment of Andrew Cupp, 171 Woburn Street, in the amount of $1,668 25 Chairman Kenney read a letter, dated September 20, 1974 from Mr Stephen Millen, the new owner' operator of the White Hen Pantry loca- ted at 373 Massachusetts Avenue, requesting a temporary permit to re- main open twenty-four hours a day The letter states, " I have White Hen had: a number of requests from local townspeople and town employees, Pantry who happen to work late at night, to beep the store open for twenty- 24-hour four hours " Opening Another letter from Mr Millen, dated September 30, states that in the event his request for twenty-four hour operation is denied, he requests an extension of hours from 6 00 a.m. through 3 00 a.m. (The current hours of operation are from 6 00 a m. to 12.00 Midnight.) Mr Millen was present at the meeting. Chairman Kenney You do not have a Common Victualler's License. Mr. O'Connell The question is whether he needs a Common Vict- ualler's License if he sells sandwiches and they are not consumed on they premises Mr. Millen I went to Mr Smith, Health Director, to get all the necessary licenses and there was no mention of anything else. Chairman Kenney I understand that they had been staying open alJJ night at one time. Mr O'Connell The neighbors complained about this and they cut back to 1 00 a m. , and the neighbors still complained. 1 Selecetmen's Meeting September 30, 1974 Mr. Bailey How do we become involved when there is no Common Victualler's license? Chairman Kenney: When the neighbors complain. Mr O'Connell If you don't issue a Common Victualler's licenser there is no way of enforcement. Mr Millen I have had requests from people who work after mid- night to stay open until 4 00 a.m. Mr Bailey: If there is any difficulty, then we become involved quite rapidly Mr. Buse. I don't think the change in management is going to change the nuisance, as Mr Millen can't be there twenty-four hours. Mr. Millen Since I became Manager, the number of complaints has decreased, and I haven't had a problem. Mr O'Connell Have you discussed your plans with the people who are immediately next to you? Mr Millen It is vacant I have talked to neighbors and asked them if they mind and they said, "Yes, but we will see what happens." Chairman Kenney We had a petition the last time and I would say that, as of this evening, the Board will not give you permission because this is beyond our power (without a Common Victualler's license) but we will look into it and get a report from Chief Corr. We request that you get the feeling of the neighborhood. Mr. Bailey As far as Mr Millen is concerned, and as far as hours of operation are concerned, he is on his own. Chairman Kenney: And if complaints are received, we will take steps to abate the nuisance. Mr. Bailey I think the whole operation of opening for twenty-four hours is new and will be coming to us Maybe we should ask the Planning Board if they want to jointly sponsor an AZticle in the Warrant (against 24-hour openings) Mr. Millen I would not he here if I had not had requests from people The Board agreed that no action would be taken as a Common Vict- ualler's license is not involfed. But, if Mr. Millen remains open twenty-four hours and if complaints are received from residents of the neighborhood, the Board of Selectmen will again look into the matter. Chairman Kenney asked Mr. O'Connell to contact the Planning Board to discuss the sponsorship of an Article in the Warrant for the 1975 Annual Town Meeting. Mr. O'Connell agreed. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on February 21, March 18, and April 1, 1974 Veterans' The Board agreed to accept the invitation from the Town Celebra- Day tions Committee to participate in the morning' parade on Veterans' Day October 28, 1974 L 73 Selectmen's .Meting September 30, 1974 Upon motion duly made and seconded, it was voted to approve the Contract request of the Director of Public Works/Engineering to sign Contract 73-8-E 738-E for sanitary sewer construction, awarded on September 9, 1974 Sewers to Crognale Construction Company in the amount of $321,015 Chairman Kenney informed the Board that the decision has come down from the Superior Court Judge on the Interfaith appeal that the Sousing Appeal Committee's decision has been upheld At this stage Interfaith in 'time, we will allow that opinion to be given to the Board of Appeal Appeals. Mr. Cohen It is an important decision and it is too bad that thel Judge didn't see fit to write out the decision. People will be disappointed that he didn't do so Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting on 'matters which, if made public, might adversely affect the public Executive seourity, the financial interests of the Town, or the reputation of Session a person. After discussion of matters of Town and financial interests, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 35 p.m. A true record, Attest Executive Clerk, Selectmen I