Loading...
HomeMy WebLinkAbout1974-07-15-BOS-min 1 SELECTMEN'S MEETING July 15, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, July 15, 1974, at 7 30 p.m. Chairman Kenney, Messrs Bailey, Busa and Brown, Mrs Riffin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Mr O'Connell informed the Board that a request has been received from Mrs Sandra Gold of the American Cancer Society for a Bike-a-Thon through Lexington on September 22, with a rain date of September 29, Permit 1974 The Board approved the request subject to the condition that the exact route be approved by the Town Manager and the Police Chief The Board discussed recommendations from the Bicentennial Subcom- mittee regarding parking around the Battle Green It was requested that prompt action be taken to discourage all-day parking for the re- Parking mainder of the tourist season, through September, on both sides of Battle Bedford Street, between Meriam Street and Harrington Road Green A report from the Traffic Safety Committee stated that it unani- mously agreed that this matter should be referred to the Director of Planning, and it should be included in the overall study of the down- town parking and traffic circulation Without the necessary data gathering, it is very difficult to take professional approach and to make an assessment of these traffic and parking restrictions Mr McSweeney The Planning Director and the Traffic Engineer are now checking into bus parking and zoning The Board agreed to schedule a meeting with the Bicentennial Subcommittee to discuss the matter of parking around the Battle Green Mr McSweeney recommended that the Board table the request for no Parking parking on Forest Street from Waltham Street to Massachusetts Avenue, Forest St pending a recommendation from the Traffic Safety Committee Chairman Kenney read a letter from Mr James Ritchie, 1 Whipple Road, objecting to the use of the property at 141 Lowell Street, owned Complaint by Brian Belcastro, for commercial purposes, such as a trucking ter- Ritchie- minal Also, a horse truck has been kept there with ponies locked Belcastro inside for as long as 24 hours; these ponies are allowed to graze on Lowell St the front lawn Three dogs are tethered to trees, and complaints to Zoning the Dog Officer go unheeded The garage at the rear is used as a re- pair shop for trucks, cars and motorcycles Fourteen vehicles have been on the premises, including a cabin cruiser, cars for sale, junk cars, and an antique automobile Because the area is strictly resi- dential, Mr Ritchie requests that his complaint be given prompt and serious attention 2 Selectmen's Meeting July 15, 1971 111 A report from the Assistant Building Inspector stated that he had investigated the complaint and found that one truck is parked overnight and is used by Mr. Belcastro going to and from work. He had bean in- formed by the owner that the situation with horses on the truck and grazing had happened once. Two friendly dogs were chained to trees. The yard was clean and orderly, with a covered boat and two unregis- tered cars. As this appears to be a problem between two neighbors, periodic inspections will be made to eliminate any possible zoning violations. The Board agreed that the situation had improved, and to so in- form Mr. Ritchie. Upon motion duly made and seconded, it was voted to certify the Cert. of Character of Joanne Spiro, 29 Burroughs Ahad, who has applied for Incorp. certificate of incorporation "Arsenal. Arts." Also, to approve, as email drop, the location of the incorpora- tion known as "Raytheon Historical Foundation Corporation" at 141 Spring Street. Water Upon motion duly made and seconded, it was voted to approve the Abatements recommendation of the Director of Public Works/Engineering to sign the abatements of the following water bills: Vine Brock Village 150 Waltham St. $16.10 Tiwo accounts-same meter number William C. Sears 195 Burlington St. 41.64 Blue slip not turned in for change of mater. Robert Sheridan 21 Barbell St. 21.00 Incorrect reading by owner Itek 10A Maguire Road 33.36 Biller's error Robert Pestana 34 Bow Street 27.04 Incorrect reading by owner Tbnyy Cataldo 14 Rindge Avenue 8.75 No meter Francois Morel 29 Maple Street 120.05 Biller's Error The Board discussed appointments to the Youth Advisory Commission. Youth Upon mon duly made and seconded, it was voted to appoint the Advisory following members of the Youth Advisory Commission for acne year term Commission of office frau July 1, 1974 to June 30, 1975: Appts. Board of Selectmen Alfred S. Buse School Committee Jane Berchtold Recreation Committee Charles F. Gallagher, Jr. Police Department Captain Paul E. Fuxtton 'Down Meeting Representative Stephen M. Politi Lexington Education Association (LEA) Myron L. Miller Junior High Students Jeffrey Hanson (Clarke Jr. High) George Megrue (Muzzey First High) Jeanne Hathaway (Diamond Jr. High) 3 Selectmen's Meeting July 15, 1974 III Mystic Valley Mental Health Center Garry Margolius Re-Place Jean Miley Attic Steven Moore tbngregation of Churches Robert Duprey Richard Wmosnanan Dr. Gerald Steckler Mrs. Arlene Mager The Board discussed appointments to a Subecmuittee on Refuse and Subcommittee Recycling. Refuse & Re- Upon motion duly made and seconded, it was voted to-appoint the cycling following members of the Subcommittee on Refuse and Recycling: Appointments is Alfred S. Buse, Mrs. Joyce Hats, Paul Marshall, Richard Michelson, Mrs. Mary Shunney. Chairman Renner read a request from the Lexingtal Bicentennial Ccctr- mittee to conduct band concerts on the Battle Green during July and August. Battle Mr. O'Connell: I would suggest that they don't go forward with Green any plans for a grandstand or special lighting. Band ' The Board agreed to so request the Committee. Concerts Upon motion duly made and seaonded, it was voted to grant permis- sion to the Lexington Bicentennial Carmi.ttee Bar the use of the Battle Green for band concerts on July 18, August 1, August 15, and August 29, 1974 at 7:00 p.m. Mrs. Battin discussed the motion, which was to animously passed by the Lexington Cani issiem on Suburban Responsibilities at the meeting held on June 25, 1974, to rL.... that LCSR be authorized to estab- lish a subcommittee to do research on the nature of the problem of people with special needs, and to report to the Conatission with ream- LCSR nendatiois, for transmittal to the Selectmen, of a longer-term organ- Subcommittee izati,anal framework for dealing with the problems. Mrs. Battin: It was the feeling at the LCSR meeting that new minority groups, the retarded, troubled adolescents, etc. be dealt with. These problems are rapidly being turned bade to cities and towns by the state and federal government, and theme is no municipal agency to deal wither theme._ LCSRwould look at the extent of the problem and ..�IIHNNi wto the Selectaren enn how to deal with.it. Mr. Bailey: I wonder if you want to divert activity into this area. LCSR may have the problem of having to deal with the original mandate. Mrs. Battin: LCSR felt that a settee could be foamed to de- fine the extent of the problem, and to . c.......c:.. to the Selectmen would deal with it. I 4 Selectmen's Meeting July 15, 1974 111 Mr. Buse: I have no objection but, if the vote was unanimous, it should be brought back to the full Commission, with a letter of particu- lars and who should vote on it. Chairman Kenney: Would this committee report back to LCSR? Mrs. Battin: Yes. Report to the full Commission, with recommenda- tions far transmittal to the Selectmen. Upon motion duly made and seconded, it was voted to approve the recommendation of the Lexington Commission on Suburban Responsibilities that a subcommittee be established in accordance with the following motion unanimously passed at the LCSR meeting held on June 25, 1974; "That LCSR establish a subcommittee to do research on the nature of the problem of people with special needs and to report to the Commission with recommendatiins, for transmittal to the Selectmen, of a longer-term organizational framework for dealing with the problem." The Board discussed the route of the Turning Mill Road sewer with i Turning residents of the area. Mill Chairman Kenney: For the record, I will read a memo from Mr. Sewer McSweeney as follows "Since thereoute that we have proposed has Appar- ently stirred some opposition, based on a variety of reasons we feel it imperative to give a brief summary for selecting this route and a de- scription of alternate routes, along with the reasons for which they were rejected. 111The route, as presently proposed, runs though two large parcels of Town-owned land and two small privately owned lots fronting on Grove Street, one of which is vacant and unbuildable. Soil test borings ware taken every 100 feet along the route with the major classification being dense brown sand and gravel with some boulders No ledge was encountered within the easement. The cost of this sewer is estimated at $98,000, Within the Town-owned land which totals 34.0 acres the maximum land area to be disturbed is 1.6 acres, leaving 32.4 acres in-situ for nature studies or other conservation or recreation uses. In addition, upon completion, the easement could be utilized as a nature trail or bicycle path with minimal potential of neighborhood disruption. Alternate 1 follows the same route as our recommendation from Turning Mill Road to the Edison easement and then runs parallel to the sideline to Grove Street. This route has two major disadvantages; the first being economics (cost estimated at $185,000) ; second being that it would be necessary to remove and relay approximately 620 ft. of live sewer in Grove Street. Alternate 11: This route is similar to our recommendation except for two items; it would require replacing a substantial amount of pipe on Grove Street (480 l.f.) and will resat in a major disruption of the properties at #145 and #151 Grove Street. These properties are separated by a well established wood line, which provides affective screening and privacy. Construction of a sewer at depths of 16 ft. or better through this land would complete desecrate this area. This route is estimated at $122,000. 5 Selectmen's Meeting July 15, 1974 Alternate .1L1: This is the least acceptable of all routes. It in- volves installation of a pumping station and force main. It is our recommendation that pumping stations be considered only as a last resort. Aside from the possibilities of mechanical failure or power shortages, actual.EPW records indicate that maintenance costs for pumping stations average better than $2,000 per year. Projecting this figure for 25 years at a 7% inflation rate amounts to more than $130,000 just to maintain the station. installation tests for the pumping station and force main are estimated at $116,000. Recap Length Cost Recommended 2970' $ 98,000 15'-9" Alternate 1 3165' 185,000 24'-3" Alternate 11 3125' 120,000 17'-0" Alternate 111 N/A 160,000* 17'-0" iat wetwell) *ales maintenance Bhairman Kenney read an additional memo from Mr. McSweeney stating that "expert opinions had been obtained and were contained in the (1) re- port prepared by Dr. Fobert S. DeSanto, Chief Ecological Scientist for the consulting firm of C E. Maguire, relative to the project's effect on the environment, (2) report prepared by Mr. Asaf Qazilbash, P.E., Soils and Foundation Engineer for C.E. Maguire, relative to the proposed pro- ject's effect upon the water table in the area of concern, These re- ports reaffirm our recommendations and that the design was soundly based on good engineering practice, and to ensure that the project could be constructed wihh a minimal impact on the environment. Also, our. recommendation is economically the most viable. There is another area which must be taken into consideration, and that is time. While we concur that alliavenues must be fully investi- gated before prudent decisions may be reached, (which we consider to have been done) we believe it is essential that this project be substan- tially completed during this construction season ti.e. available for connection). Should a route other than that recommended be considered, new ground surveys, easement plans, contract drawings and soils tests borings would be required, necessitating a 4 to 6 weeks delay. This does not include the sixty day moratorium established under the Hatch Act, should a new notice of intent be required. Should a pumping station be considered, while no easement or Hatch Act would be required, delivery of the pumps and appurtenances would require approximately 90 days from the date the order was placed. In essence, any change resulting in major redesign and/or location would substantially delay the project to the point where completion during this construction season would be highly unlikely. In conclusion, it is the opinion of this department that the recom- mended route produces the leastnaeighborhood impact, is most economically feasible, and can be constructed with minimal ecological dispuption." b Selectmen's Meeting July 15, 1974 Chairman Kenney: For the record,mwe received a letter from the Coals servation Commission recommending a pumping station. Mr. Chris Theodore, 27 Turning Mill Road, wrote us that postponement would result in serious health hazards. Mr. and Mrs. Thomas Lamb, Estabrook P.T.A., wrote to us urging that the wildlife area be preserved in its natural state, and to identify an alternate route for the sewer line. Mrs. Wheaton, Presi- dent of the North Lexington Association, requests reconsiderati+ns of the route, and to reconsider the pumping station as a possible viable alternati time. Miss Nellie-Way Hayden, 151 Grove Street, wrote to protest against the sewer line being put through between 145 and 151 Grove Street. Mr. Bailey: What is the status of the sewer laterals in Turning Mill load? Mr. Martin, Assistant Town Engineer. It is going to be one contract, and will run in concurrence with the 60 days of the Hatch Act: they would be installed simultaneously) Mr. Bailey: Would you expect to start construction about the first of September, and when would it be completed? Mr. Martin: On the entire project, we are hopeful that we would start installing services by the end of December. Mr. Bailey: What is the estimate of construction time for a pumping Station? Mr. Martin: The actual time to install would be in the vicinity of 60 days. Boston Edison and Telephone Company have to bring in alarms, etc. The Contractor does not asset bntfl 90fdeprstfeo1ibheotimignfnwighe dngtthetcontract. Mr. Bailey: If you start the clock on September 1, it would be mid or late December before that happens. What is your estimate on the de- sign period? Mr. Martin: Probably about three weeks, if we start on it tomorrow. Mrs Battin to Mrs. Rawls: I understand your committee imposed con- ditions. I wonder if bhey would add on to the time? Mrs. Rawls: We had the Hatch Act hearing last Tuesday and the full commission had not met on it. The Hatch Act covers the water problems. The Conservation Commission had many objections that did not have to do with this but we do feel the line does run too close to the muscrat pond. Mrs. Battin: Do you have any disagreement about our estimate of the costs of a pumping station? Mrs. Rawls As we said in our letter to you, we feel that the econo- mic arguments presented against the pumping station are open to question. It was not taken into account that the position of Turning Mill Road and Gould Road, through which the trunk wouaa pass, would have to be dug up for laterals in any case, so the initial cost should be reduced to reflect a deduction in the cost of the lateral. The figures presented regarding maintenance costs over a 25-year period appear to reflect the value of the $2,000 per year cost as if it were put in a savings bank each year and collecting compound interest. The argument that a pumping station requires 0 Selectmen's Meeting July 15, 1974 maintenance and a gravity line cannot be refuted but in this case the Commission feels it is well worth the extra effort to avoid damaging. We strongly urge that you decide in favor of the pumping station. Chairman Kenney: Do you people think the residents of Turning Mill Road should wait up to one-half year or more? Mrs. Rawls: We are not convinced they would have: to. Mr. Bailey: The figures indicate a minimum of four months. Mr. Martin added that delivery dates are extremely questionable. Mr. Buse. I walked it today and the sewer line being constructed under Plan A is under a roadbed and I agree there are problems. Six or less oak trees would be disturbed. In consideration of a pumping station, a blowoff would be more of a hazard. If we had a power failure, that has to be pumped out or up to a manhole gravity feed. Mr. Brown Would $98,000 increase to about $116,000 for a pumping station if it included a dam. Mr. Martin I am saying it will go down, but it might go up, also. Mrs. Nellie Hayden: I wish to go on record as being against any sewer line being put through between 145 and my property at 151 Grove Street. I first saw it in the newspaper and a phone call could have been made to me. It would be a major disturbance, and I have a list of require- ments. Mr. McSweeney: I apologize for not calling you. Mr. Manfred Friedman: There is no question a sewer line is needed but I am very interested in how you get your easements, and no agreements as to damages have been made. Any litigation would result inna delay. Mr. Cohens You don't need a Town Meeting vote for a sewer easement. Naturally, people have a right to damages and if they don't agree with the Town, they can go to court. Mr. Friedman. People may have to go to court. The time for a pump- ing station would be from 3 to 6 weeks and, if you start as soon as * possible, it could be in by November, or at least in January. Mama,. -Wisiatona A lot of people here are concerned. In 1960, there were two articles Town Meeting voted for this land; it was valuable then and it is now. I don't see how anybody cann assess damages on a 200 year old tree. Mr. Baileys On the matter of timing, it is not a minimum of three months. We have 90 days for pumps and 60 days for installation, and that looks to me to be around the first of March or April, and talking of at least 4 months. If the Board makes the decision on a pumping sta- tion, it will be a 6-months delay. Chairman Kenney: Another point is that the construction of a pump- ing statdon in January or February is impossible. Mr. McSweeney: We have put in over a year on this project and these engineers tell you that a minimum amount of damage will be done; they say the muscrat pond will stay there. I have :At heard any commis- sion give any reasons for that pumping station. * Mr. McSweeney: The principle of a pumping station requires land taking. S Selectmen's Meeting July 15, 1974 Mr. Brown: The Tree Warden said it would kill the trees. I have a question on timing; part of the delay on the pumping station is 90 days to order the pumps and I ask if the Town could order them but have the contractor install them. Mr. O'Connell It is the contractor's responsibility to procure them. Mrs. Miller, Teacher: How much of the humus layer would you put back? Mr. Chase: If 6" is there now, we will put it back. Mr. McSweeney said there was going to be an access road, capable of supporting a vehicle. Mrs. Ray Quick, 32 Turning Mill Road: I go there three times a dpy and rarely meet another neighbor. How many people really use it? Mr. Quick: We have a serious problem and this sewer has been post- poned several times. The prospect of a pumping station is far more dangerous I urgently recommend that the sewer be laid on the proposed route. Mrs. Rawls: I would remark that the Commission is very much afraid when we have to cut a 25 ft. swath that it would be open to every kind of traffic that you find on conservation land. We are really worried about this. Mr. Busa: We are going to make every effort to prevent bicycles, etc. from using it. Chairman Kenney: Both entrances are going to be blocked. In terms of practicality and particularly in terms of timing where we can get sewers connected to these houses, my personal feeling is that the recom- mended route would be preferable. Mr. Brown: I have a strong feeling that we don't want to destroy our natural resources. However, a year before we moved to our home, a gasoline line was dug into our property and just below is an MDC trunk sewer; no effort was made by the Oil Company to put anything else back but gravel and I invite you to come- and you can't see where it is. I feel we need to make it very clear to the Engineering Department• that when they take away any loam, they put it back. If a motorcycle path is made, they should put big boulders there to keep them out. We should vote for the sewer line but be very sure that the Selectmen and the towns- people in that area want to be able to walk across it in a year, and not see motorbikes and not see drainage. I think it can be done so that the water level won't come down. We are asking for a demonstration from our Engineering Department that they can put this sewer in and in two years we can say they didn't ruin it ecologically. Mr. Busa: There is not much more I can add to that, but if emery- body would look at this easement later on and you would never know these was a sewer in that area. Mrs. Bettis I agree with Mr. Brown about putting the land back but I am not convinced that it is possible if we go through the wetland. I would vote for the pumping station but, if in does not prevail, I would urge that it be put back in its original form. 1 9 Selectmen's Meeting July 15, 1974 Mr. O'Connell: I would suggest if the Board chooses the recommended route, they include in the project an environmental control as insurance - as meeting all of the environmental and ecological restrictions. Mrs. Battin and Mr. Brown concurred. Mr. Bailey: I would comment on the pumping station vs. the recom- mended route. On the pumping station, there are two problems: time in- volved and the comparative reliability of a pumping station vs. gravity sewer. From my personal experience, I am pessimistic about the dates given by Mr. Martin. On what the long-term damage to the easement might be. - within a couple of years, this area will be completely healed and back in its original state. In my opinion, the only viable way is to go the recommended route, and how the cuts are to be handled in the critical area next to Turning Mill Road. Upon motion duly made and seconded, it was voted to approve the route of the Turning Mill Road sewer, as recommended by the Director of Public Works/Engineering. Mrs. Battin voted in the negative. Mrs. Margaret Raffel, 23 Eliot Road, introduced Mrs. Doris Davis, Member of the Board of Directors of the Lena Park Community Development Corporation of Dorchester. Mrs. Raffel: Last year the Day Care Center was invited to Dover for the day and they used the community property. I hope that Lexington might open their facilities to them this summer. Lena Park takes care of the food and transportation and would only use the facilities of the Town. Lena Mrs. Davis: We have 500 kids on Lena Park Day and, because there is Park no place to swim in Dorchester, we hope they can use the Old Res We Outing have our own staff and our own counsellors. The age groups are from two to six years, and seven through fourteen years We Would hope to come on August 7 or 14. Mr. Brown: Do we have a legal responsibility if they are going to use the Old Res, and if something happens to the two-year olds? Mrs. Davis: They are not particularly interested in swimming. It was agreed the Old Res would not be used. The Board agreed to grant permission for the use of Town facilities to accommodate the Lena Park group for a one-day outing. The date is to be confirmed with Mr. O'Connell by Mrs. Davis. Mr. O'Connell agreed to make the final arrangements with Town agencies. Chairman Kenney read a recommendation from Mr. McSweeney, Director of Public Works/Engineering for an increase in water rates as follows: Water "Recent Legislation has authorized the Metropolitan District Commis- Rate sion its first water rate increase since 1962. Effective this year the Increase water rate mill rise $120.00 to $200.00 per million gallons. This change will bring to an end the costly M.D.C. practice of piling up debt and interest obligations to defray annual deficits and put them on a pay-as- you-go basis. lU Selectmen's Meeting ally 15, 1974 With the knowledge that the Tows must also increase its charges for water, we have prepared this report as an aid to the Selectmen in their determination of the future water rate. In 1973, Town water revenues exceeded costs for a surplus of $119,000. Anticipated costs for 1974 are expected to exceed revenues for a loss of $25,000 to the Town. This loss figure is based on the new M.D.C. rate and the present Town rate. If this loss is to be turned into a surplus, the Selectmen must vote a rate change (which also must be approved by the M.D.C.) before the semi-annual billing in December. It is assumed that no change will be made in the current June billings which are expected to be sent out before the end of this month. With the June bills, however, could be mailed notification that the rate will increase in the next billing period. Also included could be a brief description explaining the raise in rate. The present Lexington water rate is $0.35 per cubic feet with lesser charges of $0.27 for users of over. .10,000 cubic feet. When compared to ten outside communities, Lexington is equalled by two, exceeded by four and greater than four with an overall average of $0.365. Five of these ten communities also gave us their new rates. These average out at $0.453 per 100 cubic feet and $0.415 per 100 cubic feet over 10,000 cubic feet. After some consideration the DPW/Engineering would like to recommend with a few exceptions that one flat rate of $0.45 per 100 cubic feet be charged to all users, with a minimum semi-annual billing of $11.25, en- titling the user to 2500 cubic feet or less. The M.D.C. change in rate represents a 67% increase. Our recommended rate will result in a 29% increase to users of less than 10,000 cubic feet. For users of over 10,000 cubic feet the increase would be equal to that of the M.D.C. or 67%. For the few exceptions such as Hanscom and the VA Hospital we would recommend a.67t increase in their present rates. These special users paid for the construction of their water lines and for that reason are charged less." After discussionf the<Soard:.aocepted, the recomm4ndation. Increased .Upon motiVf duly made and seconded, it- wae voted\to accept the recom- Water mendation of the Director of Public Works/Engineering for an increase in Rates water rates for the residents of the Town of Lexington, as follows, sub- ject to the approval of the Metropolitan District Commission: A flat rate of $0.45 per 100 cubic feet to be charged to all users, with a minimum semi-annual billing of $11 25, entitling the user to 2,500 cubic feet or less. Exceptions: Hanscom Field - $0 29 Rate per 100 cubic feet up to but not exceeding 20,053,500 cubic feet annually. $0 19 Rate per 100 cubic feet in excess of 20,053,500 cubic feet annually. V.A. Hospital - $0 20 All Quantities 11. Selectmen's Meeting July 15, 1974 Mr. O'Connell recommended that Fire Chief Walter Spellman be ap- pointed as Lexington's representative on the Emergency Medical Service E.M.S,. Board. Fire Upon motion duly made and seconded, it was voted to appoint Fire Dept. Chief Walter Spellman as Lexington's representative on the Emergency Medical Service Board. Chairman Kenney discussed a request from Mr. Dean Curtin to pur- chase a Town-owned lot on Reed Street. We have voted a moratorium on Tax Title the sale of lots but I feel we should define the moratorium in terms Curtin of scope. We could refer to the Planning Board for a recommendation. Request The Board agreed. Mr. Brown informed the Board that he had received a telephone Hanscom Task call from Governor Sargent asking him to become Chairman of the Hanscom Force Select. Task Force, and he had accepted. man Brown Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, the financial interests of the Town, or the reputation of a III person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11:05 p.m. A true record, Attest: 41eAt Executive Clerk, Selectmen I � I