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HomeMy WebLinkAbout1973-10-15-BOS-min 2fl SELECTMEN'S MEETING October 15, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday evening, October 15, 1973 at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. R,iffin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk; Mr. McSweeney, Director of Public Works/ Engineering, were present. Chairman Kenney opened the hearing on the application of Lexington Gardens, Inc. for an additional 15,000 gallon underground storage tank, to be installed on the premises at 544 Lowell Street, for #6 Heating Oil to be Used to heat the greenhouses. Chairman Kenney The hearing was advertised in the October 4 issue of the Lexington Minute-man and notices were sent to the abutters by registered mail. The application was approved by Acting Fire Chief Henri R. Fradette. A report from the Building Inspector was read, stating that the new 15,000 tank will be standby capacity for the present 15,000 tank which will be the supply for the two replacement boilers being in- stalled at this location. These boilers will supply heat to the 17 greenhouses and other buildings at this address. Douglas MacDonald, manager of the complex, stated that the additional supply of #6 oil should relieve them of the anxiety of late, late deliveries during the crucial winter months. The proposed tank is to be located in line with #6 Fuel Oil the existing tank which is parallel to and approximately 30-35 feet Lexington back from the street line. I see no reason why the license should not Gardens be issued. The Fire Department under the division of fire prevention would oversee and inspect the installation. Mr. Alan E. Reifenheiser, Assistant Manager, and Mr. John Isabel, representing Lexington Gardens, Inc., were present. The Board looked at a plan showing the location of the existing 15,000 underground tank and the proposed location of a new 15,000 gal- lon underground tank. Chairman Kenney Will this result in fewer deliveries being made to your establishment? Mr. Reifenheiser Yes. Mr. Isabel discussed the burning properties and said that 15,000 gallon of oil sounds like it could be hazardous but #6 fuel oil in underground tanks is not hazardous. Also, in Massachusetts we are re- quired to burn low sulphur fuel oil. With more fuel storages coming up, the Legislature has indicated that it will give more leeway in order that hospitals, etc. could be supplied. There would be more sul- phur, which is more pollutant. With this storage capacity, we would always get better fuel oil. I 272 Selectmen's Meeting October 15, 1973 Mr. Bailey How long would the supply last during January and 111 February? Mr. Reifenheiser Three weeks Mr. Bailey What do you use propane for? Mr. Reifenheiser With the boilers, you cannot ignite without a pilot and it is used to ignite the oil. The larger houses have pro- pane gas heaters and they would keep the buildings from freezing. Mr. O'Connell I noticed you listed #6 oil. Does that require preheating for pumping? Mr. Isabel The current oil delivered will not but should we get oil that does require heating, the tank will have the capability. There is no preheating in the tank except a minor 3,000 watts. Chairman Kenney asked if anyone was present in favor of the appli- cation? Hearing none, Chairman Kenney declared that part of the hearing closed. Chairman Kenney read a letter from Ruth Codier, 564 Lowell Street, stating "We who have homes on Lowell Street and its adjoining lands are desirous of preserving the residential character and safety of this area, and we have formed an association for its protection. The storage of oil in the quantities stated introduces a hazard. I, therefore, add my voice to those of my neighbors in asking our Selectmen to refuse the Lexington Gardens petition, and enable us to retain the residential character of our homes and the freedom from the potential danger repre- sented by their request." Chairman Kenney Is there anyone in the audience who wishes to speak in opposition? Mr. William Fraser, 533 Lowell Street I am president of the Asso- ciation and with a license under Chapter 148, s. 13, it automatically becomes part of the land, and they may store whatever kind of inflam- mables. Thirty thousand gallons is the amount gas stations have. It is an attempt to change the zoning because you seem to allow 30,000 gallons to be stored in a residential area; this is excessive and quite a problem to have 30,000 gallons of inflammables directly in front of an 8" gas line. Not many places like this have it. It was run effi- ciently prior to this without this amount. If you are allowing them to increase for future use, it is something for this Town to look at in this area. It seems somehow that the Town is not too interested. You are part of the Town. Also, they say there would not be as many deliv- eries but there would be the same number of mammoth trucks coming in. Not all abutters were notified. We have the right to go to the State Fire Marshall. Chairman Kenney: The Board is deeply interested in all sections of the Town, including Lowell Street. This particular license specifically grants a permit for 30,000 gallons below ground and the kind of fluid is #6 heating oil to be used to heat greenhouses. It is explicit. Mr. Isabel In discussing this matter with the Fire Chief, he said there is no problem. Our new schools have 30,000 gallons. 1 273 Select}nen's Meeting October 15, 1973 Mr. Bailey to Mr. Fraser Have you ever seen #6 fuel oil? t. Fraser Yes. . Bailey Have you studied the property of this compared to #2? Mr. Fraser Yes. I said the right to store 30,000 gallons of in- flammables ... under Massachusetts law, this becomes part of the land to store inflammables. The Board may put restrictions on it but in later times it seems they come back to change this. They already have the right to store 30,000 gallons of inflammables. Chairman Kenney They are getting a license for 30,000 gallons; if a gas Station, it would require rezoning. Mr. Fraser They could come in and store it. Mr. Bailey They could only have #6 fuel oil to heat the green- houses . Please confine yourself to the problems we are facing tonight. Mrs. Ruth Paradis, 532 Lowell Street I am near the greenhouses. I think it is deplorable how you treat the people on Lowell Street. You accepted the Mall and trailer trucks have stayed overnight. Also, there are other trucks besides Lexington Garden trucks and traffic is deplorable. Consider people before big business. Mr. Joseph Russo, 580 Lowell Street. I came here over a year ago and since then a gas station has been put in and greenhouses. There is a limitation of the police force in not patrolling the area; there are more cars, and they go by at 60 miles per hour. Mr. Fraser Trucks would be delivering more often. It is time to stop it for the safety of children running out and getting off the school bus. There are sales going on in violation by them. I have complained to the Police that they were keeping trucks there overnight. They tell us that in the future they won't do it, but this is the point, and we don't want it allowed. Mrs. Paradis You people have become apathetic to our future. There have been near-accidents every day. You have allowd things to be done and you are not thinking of the people when you are doing what you are doing. Chairman Kenney declared the hearing closed. The Board would take the matter under advisement. Later on in the meeting, the Board agreed to approve the applica- tion with the stipulation that the 15,000 gallon tank be encased in a concrete vault. Upon motion duly made and seconded, it was voted to grant permis- sion and to sign the license for the installation of an additional 15,000 gallon underground tank on the premises of Lexington Gardens, Inc., 544 Lowell Street, with the stipulation that the additional tank for the storage of #6 fuel oil, is to be encased in a concrete vault. Chairman Kenney opened the hearing on the application of Arlex Oil Arlex Corp., 275 Massachusetts Avenue, for three additional 20,000 gallon Oil undergr'ourid tanks for the storage of #2 fuel oil. 274 Selectmen's Meeting October 15, 1973 Because the petitioner failed to send notices of the hearing to abutters by certified mail-return receipt requested, the Board agreed to set a new hearing date of October 29, 1973. Mr. O'Connell introduced Mr. Robert Tarlin to Board members and Bicentennial Mr. Tarlin was welcomed as the new Bicentennial Director of Plans and Director Operations. Mr. Tarlin agreed to return on next Monday evening to talk with the Board. Residents of the School Street area, including Mrs. Steiner, 22 Estabrook Road, Mrs. McMenimen, 26 School Street, Mr. Cardillo, 38 School Street and Mr and Mrs. John Downey, 1 Stimson Avenue, met with the Board to again discuss the proposed School Street Sidewalk. Chairman Kenney We thought we had made a major step forward when we requested school zone blinking lights but the State declined to grant the authority to do so. Now, the question is whether or not we should consider loading zones. We asked the Traffic Safety Committee for an opinion and their report of October 4, 1973 states, "At its meeting of September 25, 1973, the Traffice Safety Committee discussed the possibility of installing bituminous concrete areas at the inter- sections of School Street and Grandview Avenue, Eastern Avenue and Stimson Avenue respectively. It was the unanimous opinion that, in its present state, the area does not constitute a hazard. The ques- tion of the usefulness of these proposed areas was also discussed. School St. It was the overall feeling that children walking down the three side Sidewalk streets on the roadway were not likely to mount these areas, look both ways, and then cross School Street. Rather, they are more likely to continue their present patterns of crossing. If these areas were to be used as collection points for bus pickups, they would definitely constitute a safety improvement, a good example being North Street and Lowell Street. However, under these conditions they do not constitute a safety improvement. Moreover, to operate properly, each area would require a crosswalk and crossing guard. It is our opinion therefore, that these areas alone, when intended to serve the purpose of being havens for pedestrians, fall far short of their goal." Chairman Kenney I looked at the sidewalk this morning and this situation is representative of other areas in the Town, such as East Street. In other words, the School Street situation is not dissimilar to other areas in the Town, but it is dissimilar in the effect you would have if you construct the sidewalk, the effect on the abutters on that side of the road. To cut down all these trees and considering the small area in front of these homes, would far outweigh the benefits you would get if you built the sidewalk. Mr. Bailey to Mr, McSweeney What were the requirements for the State warrants for flashing lights? S 1ectnen's Meeting October 15, 1973 Mr. McSweeney The location had to abut the school Mx. Bailey We are one block removed. Mr. McSweeney You have to abut the main arterial street. The only areas in the Town that meet these warrants are the Munroe, Parker, and Adams Schools as they abut Massachusetts Avenue. Mr. Busa We had the same problem on Fottler Avenue, Hillcrest and Cliffe Avenues because there are no sidewalks, and parents are just as concerned about their children in many areas because of the traffic situation today. Mrs. Steiner This has been going on more than three years. The only desirable and safe solution would be a sidewalk with a school crossing guard. We have more children now and we are still concerned about the safety of children. The trees might be lost but the basic concern is how children can cross the street safely. Mi. McSweeney We couldn't possibly construct a sidewalk with- out taking down the trees. Mrs. Steiner Are children's lives more important or is environ- ment? Chairman Kenney If we were guaranteed that they would use the sidewalk. My point is they are going to go across and cut through the parking lot of the church. Mts. Steiner Do the aubtters have suggestions? Mr. Downey- To walk across the street you live on and walk down Massachusetts Avenue, down Estabrook Road to Massachusetts Avenue to Crosby Road. Mrs. Steiner I am concerned about the 70 children. Mrs. Federici: I live on Ewell Avenue and I don't think it would help our area ... Residents of the area spoke as follows There are cars parked. I have lived there 12 years and have seen the situation deteriorate. With a sidewalk on one side, I think you could control the traffic more at the conflict hour of 8 30 a.m. Who requests the speed limit in the Town? Chairman Kenney We can set it for the Town but it must be approved by the State. We previously tried to get it down. Mr. McSweeney The State sets the speed limit; 85% of the people that use the road really set it. Mr. Downey- Nobody is opposed to setting the speed limit. Resident of Frances Road Children from the high school speed in the street. Chairman Kenney I don't want you to get the impression that we do not ,care. We only have 6 feet and because of the grade it is a serious construction problem. Mr. Cardillo There is no sense in a sidewalk as kids have to cross the street; take the sign in front of the Dyer house and move it on the corner of Roosevelt Road. 276 Selectmen's Meeting October 15, 1973 Chairman Kenney to Mr. McSweeney Take a look at the sign. Mr. McSweeney I don't want them to leave with the idea that the sign is the solution. Mr. Cardillo Any reason why we can't have white crosswalks at each intersection? Chairman Kenney We could at the foot of the three major streets. Mr. Cardillo Why was Nickerson Road brought up? This was a new sidewalk that was just completed. Mr. McSweeney More houses are being built on Nickerson and they cut through as all children will. Mr. Cardillo: What happens when the Methodist Church decides not to plow where they go through? Mrs. Steiner They cross over on the snow and ice. Chairman Kenney We will request the DPW to look into the matter of striping the crosswalks. Mr. Busa Then the solution at this time is to try to have the children collect at Deering Avenue and School Street and if it warrants a crossing guard then maybe have a janitor there. Resident Sidewalk or not, you have to control the traffic. Block that through section off and have no short cuts through there. Chairman Kenney We cannot block the street. Resident: Who is responsible for the street? Chairman. We lack authority to block it. It is a publio way, ac- cepted by the Town. The only thing in controlling the speed is to put the radar there. Resident. Traffic, not only at school time, must be controlled. Mr. Joseph Downey Speed and the traffic on the street must be controlled. Resident If you put a guard there, we will train the children. Resident. Get those parked cars out of there, and they are on the side without the sidewalk. Resident What did Town Meeting vote? Chairman Town meeting voted to construct the sidewalk. Although Town Meeting authorized this, the Board of Selectmen decided against it. Resident There are motorcycles in that area. Chairman Does the Board wish to get an opinion on a Crossing Guard? Mr. Busa I would. Mr. McSweeney The children have to be trained. Mrs. Battin Is it possible to do three things (1) A Crossing Guard; (2) prohibit parking on either side of School Street from 7 00 to 9:00 a.m.; (3) have really strict enforcement of speed? Could you have a cruiser there? Mr. O'Connell We don't have that many cruisers. Just observe what happens on Mass. Ave. and other areas in Town, children cross anywhere, 277 Selectmen's Meeting October 15, 1973 even with a crossing guard stationed. The fact indicates that unless we put some amount of effort into educating the children, you can't put that much faith in just a crossing guard. The smaller the youngster the more they conform to the rules. Mrs Brown If we are going to enforce No Parking and are going to tag cars for speeding, I hope the Board will be given a list of people that have gotten tickets. We need that information as it has been the neighbors who are in violation. Chairman Kenney: Past history has certainly proven that. Chairman Kenney to Mr. McSweeney Look into limiting parking in the morning; give us your opinion on a crossing guard, striping the road, and the location of signs. We will speak to Chief Corr on en- forcement. Upon motion duly made and seconded, it was voted to delete the con- structimn of School Street sidewalk from the 1973 sidewalk program. The residents retired from the meeting. Mrl O'Connell informed the Board that bids on water meters have been received from Neptune Meters and a company in Kentucky which bid about 10% under Neptune but can't supply parts for remote meters. He recom- Water mended, and DPW concurs, that we continue business with Neptune Meters Meters as they meet the essential requirements and have the remote hardware. The Board agreed with Mr O'Connell's recommendation. Mr4 O'Connell discussed assistance given during the recent fire in Chelseat We supplied two pieces of apparatus and had one unit stationed in Arlington as backup. We do not belong to District 13 Mutual Aid Net- work and my recommendation for our upcoming plans is that $1,500 be provided to do it. All you do is notify District 13 in Newton and Newton Starts calling in the equipment by radio. Chelsea Mr. Kenney Is there an annual charge? Fire Mr! O'Connell: No, we are in the mutual system but all we have to Dept. do is the radio. Would the Board wish to extend to Chelsea the offer of official assistance as they lost the entire DPW equipment? The Board agreed that Mr. O'Connell is to contact Chelsea and offer assistance. Also, Mr. O'Connell is to check with our Red Cross to see if a public collection place, such as the Fire Station, is needed for collection of clothing for the people of Chelsea. for the Compactor Mrt O'Connell informed the Board that the new compactorP sanitary landfill has arrived today. Chairman Kenney read a report from the Traffic Safety Committee in Mass Ave. reply to a request from Mr. Filipowski, 10 Round Hill Road, that two Meriam St. parkingmetersbe removed from the corner of Massachusetts Avenue and Parking Meriam Street and the curb painted yellow. The report states that, at 278 Selectmen's Meeting October 15, 1973 this time, we see no problem in either entering or leaving Meriam Street. One side of Meriam Street is currently marked "No Parking" and we can find no justification for granting the request. After discussion, the Board agreed to remove one parking space. Upon motion duly made and seconded, it was voted to instruct the Town Engineer to remove one parking space on Massachusetts Avenue and Meriam Street for a test period of 60 days. Mr. McSweeney agreed to report back to the Board on the results of the test. Chairman Kenney read a report from the Traffic Safety Committee in reply to a letter from the School Committee concerning the safety of children walking to the Franklin School. The report states, "It is the unanimous opinion that the Traffic Safety Committee is not in a Franklin position to determine safe walking distances, particularly when Chapter School 71, Section 68 of the General Laws specifically spells out the limits Walkers after which transportation must be provided. The area was studied by the Police and Engineering Departments respectively. As a result, the Traffic Safety Committee sees no unusual hazards along the route. We do feel, and have stated so several times, that the hazards present- ing themselves in a particular area are generally created by the local residents, in this case, parents of non-walkers and those associated with the schools. Driver Education again is the answer. Relative to the relocation of the Kendall Road crossing guard, we will withhold any recommendation until all of the sidewalk and roadway improvements in the area are completed. We do however recommend an ongoing and continuing school Traffic Safety Program to acquaint the children with any potential hazards and means of avoiding and/or dealing with them." The Board agreed to send a copy of the report to the.School Com- mittee and to suggest that a representative of the School Committee attend Traffic Safety Committee meetings that directly affect the school children. Cert. of Upon motion duly made and seconded, it was voted to certify the Incorp. character of the following who have applied for Certificate of Incor- poration "New England Barracudas, Inc." Robert N. Eby, 20 Baskin Road, Jean G Johnson, 29 Liberty Avenue. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meetings of May 21 and May 29, 1973. Mass. Ave. Chairman Kenney read a recommendation from the Traffic Safety Com- Bus Stop mittee for the relocation of the Wallis Court and Waltham Street bus stops on Massachusetts Avenue to the area in front of the Colonial Garage. This location should be a painted area, only, for a period of 1 279 Selectmen's Meeting October 15, 1973 90 days to test user reaction and traffic patterns. It is further recom- mended that two parking meters be installed in the Wallis Court bus stop and one in the bus stop at Waltham Street and Massachusetts Avenue. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee to relocate the Wallis Court and Waltham Street bus stops on Massachusetts Avenue to a 40' by 10' area in front of the Colonial Garage for a trial period of 90 days. The Director of Public Works is instructed to proceed with the necessary arrangements to expedite the changes in bus stops. At, the recommendation of the Director of Public Works/Engineering, the Board voted to sign the order of water taking on Garfield Street. Water Upon motion duly made and seconded, it was voted to sign the order Garfield of taking for construction of water main on Garfield Street from Reed Street Street, a distance of 100 feet, more or less, Northeasterly. Upon motion duly made and seconded, it was voted to sign Contract Contract 73-5-E which was awarded on August 27, 1973 to Grandview Contracting 73-5-E Inc. for sanitary sewer and storm drain construction in the amount of Sewer & $180,863.95. Storm Drs. Upon motion duly made and seconded, it was voted to sigh Contract Contract 73-6-E which was awarded on October 1, 1973 to Starrett Paving Corp. 76-6-E for sidewalk and street construction in the amount of $81,056.75 St. & Sdwk Chairman Kenney informed the Board that a request has been re- ceived from Lexington Lodge of Elks #2204 for additional hours of oper- ation, by opening at 5 00 p.m., instead of 7 00 p.m. Also, notifying us of a change in Manager from Frederick Celata to Irving Kennedy. If approved, the hours would be as follows 5 00 p.m. to 11 00 p.m. - Monday through Thursday; 5 00 p.m. to 12 00 M. - Friday and Saturday; Elks Club 1 00 p.m. to 11 00 p.m. Sunday, Liquor Upon motion duly made and seconded, it was voted to grant addi- License tional hours of operation to the Lexington Lodge of Elks #2204 and allow them to open 5 00 p.m. on Monday through Friday. Upon motion duly made and seconded, it was voted to request the approval of the Alcoholic Beverages Control Commission for a new Mana- ger of the Elks Lodge #2204, Mr. Irving Kennedy. Chairman Kenney read a recommendation from Mr. McSweeney, Director Sewer of Public Works/Engineering that Mr. Mark Moore's request for a defer- Betterment ment of sewer betterment assessment against lot 62/117 on East Street Deferment be granted. The report states that the lot is a rectangular lot Todd Real. measuring 42 ft. wide by approximately 840 ft. deep, which was apparently East St. an access to the old farm land now known as Saddle Club Road or Oak Park Subdivision. It is a non-conforming lot which abuts the large field on 1 280 Selectmen's Meeting October 15, 1973 East Street between Grant Street and Maureen Road, with a betterment in the amount of $283 99 It is conceivable that this lot could be combined with abutting vacant land and developed into house lots in the future, and it is our recommendation that the betterment be de- ferred rather than abated. Upon motion duly made and seconded, it was voted under the pro- visions of Chapter 159 of the Acts of 1950, to defer payment of the sewer betterment assessment against property owned by Todd Realty, Inc. located on Lot 117, Assessors' Map 62, East Street, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold. Upon motion duly made and seconded, it was voted to go into Exe- Executive cutive Session for the purpose of discussing, deliberating or voting Session on matters which, if made public, might adversely affect the public security, financial interests of the Town or the reputation of a person After discussion of matters of Townwide interest, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10 55 p.m. A true record, Attest Executive Clerk, Selectme