HomeMy WebLinkAbout1974-07-01-BOS-min (10
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SELECTMEN'S MEETING
July 1, 1974
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room on Monday, July 1, 1974, at 7 30 p.m Chairman Kenney,
Messrs Busa and Brown, Mrs Battin; Mr O'Connell, Town Manager; Mr
Cohen, Town Counsel; Mr Chase, Town Engineer; Mr Martin, Assistant Town
Engineer; Mrs McCurdy, Executive Clerk, were present
Rev Harold Handley, Guide Director, met with the Board to request
the re-appointment of David Lavender, Jr
Guide Upon motion duly made and seconded, it was voted to appoint David
Lavender, Jr as a Lexington Official Guide
Hearing was declared open upon application of W R Grace Co for
permission to install two additional 11,000 gallon approved underground
tanks for the storage of No 2 fuel oil on the premises at 15 Hayden
Hearing Avenue, Lexington
W R. Grace Notice of the hearing was inserted in the June 20, 1974 issue of
Fuel Oil the Lexington Minute-man, and notices were sent by the applicant by
certified mail
Fire Chief Spellman reports that he has inspected and approved the
location of the two additional underground tanks, which will be installed
according to State laws and NFP A recommendations; also, the tanks are
to be enclosed in plastic capsules as an additinal safeguard
Mr John J Harty, Project Engineer for W R. Grace Co , informed
the Board that the building has been occupied since last fall and we pro-
pose to put the two 11,000 gallon underground tanks on the West side of
the building An addition to the building will be ready next week and,
therefore, the existing tank is not enough for the supply of heating oil
No one appearing in favor or in opposition, the hearing was de-
clared closed
Upon motion duly made and seconded, it was voted to grant permission
for the installation of two additional 11,000 gallon underground tanks for
the storage of No 2 fuel oil on the premises at 15 Hayden Avenue, subject
t0 the condition that the tanks be encased in plastic capsules
Mr O'Connell informed the Board that bids had been received on the
Contract refurbishing of fourteen tennis courts, as requested by the Recreation
75-4-E Committee It is recommended that the contract be awarded to George Brox,
Tennis Incorporated, 1471 Methuen Street, Dracut, for $22,900 ; under the appro-
Courts priation for Article 42 of the 1974 Annual Town Meeting
Upon motion duly made and seconded, it was voted to award the con-
tract 75-4-E for tennis court construction to George Brox, Incorporated,
in the amount of $22,900
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Selectmen's Meeting July 1, 1974
Mr O'Connell informed the Board that the Trustees of Cary Memorial
Hall were enthusiastic about having signs made for the building and had Cary
appointed a subcommittee to look into the matter Memorial
The Board agreed to meet with the subcommittee and representatives Signs
of the Historic Districts Commission to discuss the signs identifying
the Cary Memorial Building
Hearings were held on petitions from the New England Telephone Com-
pany, represented by Mr Leonard Scott, and the Boston Edison Company,
represented by Mr Louis Pratt Notices were sent to abutters, as
listed on the Assessors' maps, and approval received from Mr E Coscia,
DPW Manager
Upon motion duly made and seconded, it was voted to grant permis-
sion to the New England Telephone Company for the following installation
Bedford Street and Ledgelawn Avenue From existing manhole 54/158
located on the southwesterly side of Bedford Street at Stations 72 and Conduit
42 approximately 308' of underground conduit southeasterly to a point at Bedford St
the corner of Ledgelawn Avenue, thence 54' northeasterly to northwest- Ledgelawn
erly side of Ledgelawn Avenue, then approximately 265' northeasterly to Avenue
a pole 131/3 on the northwesterly side of Ledgelawn Avenue, subject to
the condition that all excavation near the roots of trees must be done
by hand
Upon motion duly made and seconded, it was voted to grant permis-
sion to the New England Telephone Company for the following installation
Woburn Street On the north side from MH 54/130, easterly, 55' to
Lowell Street, southerly, 75' to south side of Woburn Street to corner Conduit
of Lowell Street, southerly, 146' to Pole 58/68 on west side of Lowell Woburn St
Street. Lowell St
Upon motion duly made and seconded, it was voted to grant permis-
sion to the New England Telephone Company and the Boston Edison Company
for the following installation
Pole
Worthen Road On the easterly side, approximately 117' northerly Worthen Rd
from the corner of Massachusetts Avenue One (1) pole Mass Ave
Upon motion duly made and seconded, it was voted to grant permis-
sion to the New England Telephone Company and the Boston Edison Company Pole
for the following installation Bates Rd
Wood St
Bates Road Northerly 211' from Wood Street one (1) pole to be
relocated; also, remove one (1) pole on the easterly side of Bates Road
`4“16)
cl Awl
Selectmen's Meeting July 1, 1974
Upon motion duly made and seconded, it was voted to grant permis-
Conduit sion to the New England Telephone Company and the Boston Edison Company
Bates Rd for the following installation
Springdale
Rd Bates Road Southwesterly, at Springdale Road, a distance of
about 24 feet - Conduit
Guy Wire Upon motion duly made and seconded, it was voted to grant permis-
& Anchor sion to the Boston Edison Company for the following installation
Concord
Avenue Concord Avenue Northeasterly side, approximately 720 feet north-
west of the Belmont-Lexington Town line, One (1) guy wire and anchor
Chairman Kenney informed the Board that a hearing is not required
on the following petition from the New England Telephone Company as
only the Town of Lexington is involved
A report from Mr E Coscia, DPW Manager, states that the New Eng-
Conduit land Telephone Company is proposing to install conduit on Bedford Street
Hartwell (State Highway) from North Hancock Street to Hartwell Avenue - Harding
Avenue - Road from Bedford Street 305 feet - Simonds Road from Bedford Street
Bedford 109 feet The purpose of this conduit is to increase trunk capacity be-
Street tween the Town of Lexington and the Town of Bedford which will eventually
result in the elimination of the existing overhead cables
The permit for Bedford Street will be issued by the Commonwealth of
Massachusetts, Department of Public Works; however, location is satisfac-
tory to this department, with one condition, that the proposed conduit
be placed approximately five feet below the existing culvert at Station
25+35 to allow for future lowering of the culvert, if needed Harding
Road and Simonds Road location is satisfactory to this department and
all excavation near the roots of the trees must be done by hand
Therefore, this department recommends that the New England Tele-
phone Company be granted permission to install said conduit and manholes
Upon motion duly made and seconded, it was voted to grant permission
to the New England Telephone Company for the following installation, sub-
ject to the conditions outlined by the Director of Public Works/Engineer-
ing
Hartwell Avenue Approximately 55' northerly from station 17, at
south corner of Bedford Street and Hartwell Avenue, north and west 40'
on the surface of Hartwell Avenue, then north 210' across Hartwell Ave-
nue then north and east 40' at north side of Hartwell Avenue, then 60'
north to proposed manhole 54/114 on Bedford Street all on the southerly
side of Bedford Street
Joint Pole Chairman Kenney read a petition from the New England Telephone Com-
Oakland St pany and the Boston Edison Company for permission for joint ownership of
a pole, now owned by Boston Edison, on Oakland Street
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Selectmen's Meeting July 1, 1974
Upon motion duly made and seconded, it was voted to grant permis-
sion to the New England Telephone Company and the Boston Edison Company
for joint ownership of a pole at the following location
Oakland Street. From the southwesterly corner of Oakland Street at
Meriam Street, southeasterly, approximately 774' from Meriam Street, one
(1) pole
Mr. O'Connell informed the Board that he had received the resigna- Resignation
tion of Mr Arthur Burrell as Director of Civil Defense After it is Civ Defense
filed with the Town Clerk, the resignation will become effective Director
Mr O'Connell advised the Board that Mr McSweeney has received a
quotation from Barnes Engineering of $4,710 for layout work in connec- Westview
tion with the plan for the development of Westview Cemetery Cemetery
The Board agreed to award the contract to Barnes Engineering up to Barnes
$4,710 Engineering
Residents of the area met with the Board to discuss the plans for
the construction of the Turning Mill Road Sewer
Mr Brown and Mrs Battin expressed a desire to defer a decision
of the Board for two weeks
Mr Martin, Assistant Town Engineer The original route is one
we proposed in 1972 for Town Meeting action We have prepared addi-
tional information for the Board to review and, naturally, we are Turning Mill
anxious to proceed as we have a Hatch Act hearing in two weeks Sewer
Mr McSweeney We are not asking for final approval
Mrs Wheaton I would hope the Board would give extra time to
listen to us We agree that lower Turning Mill Road needs sewerage;
the only thing we are concerned about is the route and hope that the
Selectmen will respond to our concerns about the muskrat pond and
the area used by school children
Mr Trainer, Estabrook School Teacher This area is particularly
advantageous to us because of the trees and the vegetation, and the
muskrat pond
Mr Chris Theodore, 27 Turning Mill Road I was the first person
to start the petition for the sewer and I speak for the owners who
have problems We wish the Board would seriously consider to stop de-
laying I was told construction would start in September and it should
not be postponed for another year
Mr McSweeney We have studied proposals and we will have the
environmental impact by the end of the week We believe we can put the
project through without lowering the water table and, as soon as we re-
ceive the reports, we will give them to the Board We are going ahead
on the hearing on the recommended route We have no intention of ask-
ing the Board to formally vote the intention tonight
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Selectmen's Meeting July 1, 1974
Chairman Kenney We will schedule another meeting for further dis-
cussion We understand the concern of the children and environmental-
ists, and we will take this into full evaluation before the contract is
let out
The residents retired from the meeting
Mrs Margot Tutun, President of the League of Women Voters, met with
Recycling the Board to discuss recycling
Chairman Kenney. I feel that we should not tie recycling in with
trash collection, and we could form a committee on recycling
Mrs Tutun One or two members of the League would be glad to help,
and we wondered if it would be an ongoing committee
Chairman Kenney This would be a specific committee charged with
recycling When the study is completed, we would probably then discharge
the committee
Mr Busa If we can have a partial solution to the problem, we will
have something
Board members agreed to submit recommendations for appointment to
the committee at the next meeting
Mrs Tutun retired from the meeting
Mr John F Lahiff and residents of the Town met with the Board to
META discuss better bus transportation service throughout the Town
Bus Service After discussion, the Board agreed to write to the MBTA General
Manager requesting buses on a more frequent basis during peak hours and
the possibility of express service from Arlington Heights to Harvard
Square during peak hours
Mr Lahiff and residents retired from the meeting
The Board discussed the renewal of licenses for taxicabs, which had
been voted at the meeting of April 29, 1974 to expire on June 30, 1974.
Taxicab Chairman Kenney There is a new owner, Mr Joseph Bruno, and Chief
Licenses Corr reports that conditions have improved
Upon motion duly made and seconded, it was voted to renew the
following licenses for taxicabs in the Town of Lexington, expiring
May 1, 1975
81 Woburn Street Corporation
Lexington Taxi Co , Inc d/a/a/ Minuteman Cab Company
Registration No 452 Registration No 470
" 453 " 472
471 " " 483
" 1051 " " 485
" 1052 " " 486
5349 1053
If
It
5354 " " 1054
If
" 5356 " " 5352
1000
Selectmen's Meeting July 1, 1974
Mr Cohen discussed the land in Meagherville which was voted for ac-
quisition under Article 45 of the 1963 Annual Town Meeting Meagher-
Mr. Cohen This land was to be acquired for school, playground, and Ville
other public purposes It is complicated because there are many tax
title lots and I should know if the Selectmen want me to start doing the
title work If so, I would have to get a plan from Mr McSweeney and we
would have to have appraisals on taking by eminent domain
The Board agreed that Mr McSweeney is to submit a plan of Meagher-
ville to Mr Cohen
Mr Cohen discussed the small, remaining parcels of land which have
not been acquired at the Woburn Street School Site Woburn St
Mr Busa Several owners have approached me regarding the status School
now Site
Mr Cohen Mr Legro mentioned that there were a couple you might
want to take for access We should have more research
Mr Busa We should notify all boards to see if they are still in-
terested in acquiring the land
The Board agreed that Mr Cohen and Mr McSweeney are to further
research the matter
Chairman Kenney read a report from the Building Inspector as a re-
sult of a letter of complaint concerning noise from a fan at the Highland Complaint
Food Store at 321 Marrett Road The building was inspected and the owner
notified to take some means to muffle the noise of the fan
The Board agreed to so notify the complainant
The Board discussed an additional request from Mrs Doward Barter
for a "Slow Children" sign on Fairlawn Lane Traffic
The Board agreed to inform Mrs Barter that the previous reasons Sign
for not installing the sign were still valid
Chairman Kenney informed the Board that the final jury list has
been compiled and is to be sent to the Clerk of Courts in Cambridge Jury List
Upon motion duly made and seconded, it was voted to approve the
1974-1975 Jury List, as submitted
Chairman Kenney read a recommendation from the Director of Public
Works/Engineering that a decision be deferred concerning a request from Sewer
Col Eugene Larson for a connection to the Town sewer system. Larson
The Board agreed to inform Col Larsen that sewer contracts are Wingate
being evaluated and if there is available money he will be contacted Road
in the fall
Upon motion duly made and seconded, it was voted to table the re- Conserva
quest of the Conservation Commission to exercise the option on the Elliott
Curtis S Elliott land Land
j:1b►
Selectmen's Meeting July 1, 1974
Chairman Kenney read a request from Mr Ernest J Rogers, 275 Dale
Request for Street, Waltham, to open and operate a package goods store in Lexington
Package it was agreed to inform Mr Rogers that the Board feels there are
Goods sufficient package goods stores in the Town to well serve the public
License and, therefore, additional applications are not accepted Mr Rogers'
request is to be kept on file
Chairman Kenney read a request from Mr Felix Costanza, 26 Rindge
Avenue, for a chain link fence between his property and the Rindge
Costanza Avenue playground; people are cutting through his property, grass
Rindge Ave clippings are dumped, dirt from the playground property level is fall-
Playground ing onto his land
A report was read from Mr McSweeney recommending that 80 feet of
chain link fence be erected at an approximate cost of $600 It was
pointed out that neighbors are using the area as a convenient dumping
spot and, therefore, this is unrelated to the playground The Park
Department will remove boulders in the park and regrade the eroded areas
The Board agreed to accept the recommendations and to instruct the
Director of Public Works/Engineering to make arrangements to include the
sum of $600 in next year's budget for the installation of approximately
80 feet of chain link fencing
Mr Costanza is to be so informed by letter
The Board approved the request of the Dierector of Public Works/
Orders for Engineering to sign Orders for Construction of Sewers
Construction Upon motion duly made and seconded, it was voted to sign Orders
of Sewers for Construction of Sewer on the following streets
Turning Mill Road from house No 25, a distance of 3,500 feet, more or
less, to house No 67
Grimes Road from Turning Mill Road, a distance of 300 feet, more or less,
to end
Jeffrey Terrace from Demar Road, a distance of 340 feet, more or less
to end
Partridge Road from Turning Mill Road at No 29 to No 30 Partridge Road
Gould Road from Turning Mill Road, a distance of 230 feet, more or less,
Southwest
Demar Road from Jeffrey Terrace, a distance of 1,160 feet, more or less,
to Turning Mill Road
Chairman Kenney read an application from Mico Realty, Mr Michael
Colangelo Colangelo, for permission to install sewer and water line extensions to
Sewer & service the development at Hartwell Avenue and Bedford Street
Water The Board agreed with the recommendation of the Director of Public
Extensions Works/Engineering that Mr Colangelo is to bear the cost of the sewer
and water extensions, and approval is granted subject to the condition
that Mr Colangelo is to contact the Engineering Department and comply
with all the regulations of the Town
IIISelectmen's Meeting July 1, 1974
Chairman Kenney read a letter from Mr Ray Cone, Property Manager
of Tektronix., Inc , regarding the application before the Board of
Appeals for finding and determination relative to the acquisition of
about 5 acres of land at the corner of Hartwell Avenue and Bedford
Street for the construction of a facility for general offices and re- Tektronix
search and development operation The letter states, "We have directed Inc
our architect to re-design the egress onto Hartwell Avenue completely Board of
avoiding Hinchey Road There is also the question of a footpath from Appeals
the end of Hinchey Road out to Bedford Street near Hartwell Avenue; we Application
have allowed for a footpath and steps not disturbing contour lines We
think that if the elevation of that portion of land owned by the town
at the corner of Hartwell Avenue and Bedford Street is lowered to the
street level, then the footpath can be a meaningful one Our plans
have left these elevations as they presently exist because we think it
would be presumptuous of us to disturb elevations without first con-
sulting with and obtaining town permission and approval We do believe,
though, that this matter can and will be easily and sensibly solved
Finally, I understand that there is a question of where municipal util-
ities will serve the premises we are acquiring Our submissions show
municipal utilities servicing the premises from Hartwell Avenue Our
agreement with the present owner calls for him to install and pay for
all costs of construction of municipal utilities to our property lines
He and I have indicated there would be no cost to the Town I should
also point out that our application states our willingness to do what-
ever the Town wants in this regard and that any approvals granted may
be granted with those contingencies This has been made known in our
application by pointing out that we will abide by any alternative pro-
posed by the town, namely taking the utilities from Bedford Street "
Chairman Kenney We must write to the Board of Appeals on our
position regarding this application
Upon motion duly made and seconded, it was voted to authorize the
Chairman to sign the letter to the Board of Appeals stating that the
Board of Selectmen has no objection to the application of Tektronix,
Inc being approved as proposed
Chairman Kenney read a request from the State Department of Public
Health for the appointment of a representative of Lexington on the Area Emergency
Emergency Medical Services Committee to attend a meeting on July 10 Medical
Mr O'Connell agreed to have a representative attend the meeting Services
and the Board will confirm the appointment on July 15 Committee
Chairman Kenney read a letter from Joseph Volante, 15 Lowell Volante
Street, requesting that the Town clean up Lowell Street from the island DPW
to the Arlington line and, also, to put in shrubs on the island Complaint
A report from Mr McSweeney states that the Town picked up debris
within the Town right-of-way and the Public Works Department had in-
formed Mr Volante that our roadside maintenance was limited to cutting
Selectmen's Meeting July 1, 1974
the brush and repairing any shoulder areas considered to be a hazard to
driving and pedestrian public Public Works will consider planting a
few shrubs on the island of a size not to impede traffic sight distance
Mr McSweeney further states that Mr Volante has placed stones along
the edge of the traveled way, which are approximately 10 feet within
the Town right-of-way; he could be held liable for damages because of
this violation
The Board agreed to order Mr Volante to remove the stones he has
placed on the public right-of-way in front of his property
Chairman Kenney read a letter from Mr Robert Tarlin, Bicentennial
Director, regarding Bicentennial food services There will be far more
visitors in the Town during the Bicentennial summers of '75 and '76
than can adequately be fed by existing facilities Additional facili-
ties must be provided, not only from a standpoint of visitor courtesy
but, more important, to control this mass feeding, including complete
Bicentennial control of health and sanitation Some Town rules and regulations may
Food have to be modified in order to accomplish the temporary measures re-
Service quired; however, no relaxation of rules and regulations which pertain
to Article X (Temporary Food Service Establishments) of the Sanitary
Code will be allowed without express approval of the Town Health
Officer
The most feasible way to cope with this oncoming problem is to
encourage Town-located food service facilities to expand their capa-
bilities on a temporary (two summer) basis and equally encourage Town
religious, fraternal and civic organizations having facilities which
lend themselves to this type of project Specific examples are as
follows
1 Outdoor picnic table type facilities with or without protec-
tive cover (tent top or tarp) collocated adjacent to the sponsoring
establishment and utilizing the same kitchen facilities The Town
must determine not only if food service establishments may rent Town
parking space, but also the rates (if any) at which this space may be
rented I would suggest the rental rates be tied directly to the lost
revenue from appropriated parking spaces Food stores, both chain and
local, can consider similar activities on their own parking areas,
being constrained only by their lack of kitchen facilities They could
sponsor picnic bench areas, possibly under tents/tarps, with customers
entering the store to purchase snack-type foods, fruits, pre-packaged
sandwiches, and hot and cold beverages; then returning to the picnic
area to consume them. Town organizations (religious/civic/fraternal)
should be encouraged to utilize their facilities for a fast-food opera-
tion on a continuing basis or for periodic pancake breakfasts, box
lunches, bean suppers, etc This should be coordinated by the Lexing-
ton Bicentennial Committee to insure a spread of activities and a min-
imum of competition
"foo
I ill Selectmen's Meeting July 1, 1974
Along with the Town-sponsored plan to establish two picnic sites of
about 25 tables each, a Town food-service establishment might wish to em-
place a mobile food serving unit at each of these sites (Similar to the
canteen trucks which service industrial/commercial areas )
Mr O'Connell Mr Tarlin had a meeting with the LBC subcommittee
and local restaurant owners, who asked what the Town would or would not
allow them to do We thought that the existing restaurants could be
allowed to use their facilities but to use a larger area by having a sum-
mer location as close to their place so their kitchen could serve the
people. Their menu would have to be regulated as to what the Health Ser-
vice would allow We have been exploring the sanitation and Mr Tarlin
was asking about restaurant operators and churches that may want to go
into the snack-type bar as a fund raiser
Chairman Kenney I think we should look at it further If it
doesn't work out well, we can stop it
Mr O'Connell It has to be controlled and it could be done by
those having licenses in the Town
The Board agreed to authorize Mr Tarlin to proceed with his out-
lined proposals.
Chairman Kenney read a request from Mr John Drew, Special Assistant Hanscom
to Governor Sargent, for the appointment of a representative of Lexington Task Force
111
to serve on the Task Force to consider appropriate future uses of U S Appointment
Air Force Property at Hanscom Field The existence of a community Task
Force will provide a central forum for discussion of the ultimate dis-
position of these lands.
Upon motion duly made and seconded, it was voted to appoint Select-
man Sanborn C Brown to serve as a member, and Chairman Allan F Kenney
as an alternate member, of the Hanscom Task Force
Chairman Kenney read a request from the Director of Public Works/ Contract
Engineering to sign the contract for the construction of sanitary sewers, 73-13-E
awarded by the Board on June 3, 1974 to Somerset Paving Corporation, Sewers
41 Kay Street, Somerset, in the amount of $122,845.03 Somerset
Upon motion duly made and seconded, it was voted to sign Contract Paving
73-13-E awarded to Somerset Paving Corporation for construction of sani-
tary sewers, in the amount of $122,845 03
Chairman Kenney read a recommendation from Mr C F Mistretta, East St
State DPW Highway Engineer, that an extension of time be granted to the Contractor
contractor on East Street Chapter 90 project Extension
Upon motion duly made and seconded, it was voted to approve an of Time
extension of time from June 30, 1974 to August 31, 1974 to Cetrone-
Compa Corp , Contractor on the East Street Chapter 90 project
Upon motion duly made and seconded, it was voted to sign the forms State Aid-
accepting State Aid-Highways in the amount of $446,500 Highways
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Selectmen's Meeting July 1, 1974
Upon motion dulymade and seconded, it was voted to approve bond
ISP
Bond No 32-51-32 in the amount of $2,000, covering Norma B Jervis, Assis-
tant Town Clerk
Mrs Battin informed the Board that she had attended the Lexington
Commission on Suburban Responsibility meeting on June 25, and Stanley
Brown is the new Chairman They had reviewed the whole problem of de-
LCSR institutionalization The State is now returning the problem of for-
merly institutionalized persons to local communities - the mentally
retarded, ex-mental patients, ex-offenders, etc It was thought that
LCSR might be the group to look into it Motion was unanimously passed
that LCSR recommend to the Selectmen that they be authorized to estab-
lish a sub-committee to research the problem of people with special
needs, report to LCSR, and tran'mit recommendations to the Selectmen
In essence, to find out what provisions we ought to make in dealing
with the problem.
Chairman Kenney Give that to us in writing and the Board will act
on it next week.
Mrs Battin agreed
Upon motion duly made and seconded, it was voted to go into Execu-
Executive tive Session for the purpose of discussing, deliberating or voting on
,Session matters which, if made public, might adversely affect the public secu-
rity, the financial interests of the Town, or the reputation of a person
After discussion of matters concerning the sanitary landfill, the
Fire Department, 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
Executive Clerk, Selectmen
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