HomeMy WebLinkAbout1973-05-07-BOS-min 127
SELECTMEN'S MEETING
May 7, 1973
A regular meeting of the Board of Selectmen was held in the Selectmen' s
Meeting Room, Town Office Building, on Monday evening, May 7, 1973 at
7 30 p.m. Chairman Kenney, Messrs. Buse, Brown, and Mrs. Riffin; Mr.
O'Connell , Town Manager, Mr. Cohen, Town Counsel , Mr. McSweeney, Director
of Public Works/Engineering; and Mrs. McCurdy, Executive Clerk were
present.
Mr O'Connell recommended that the Board sign the contract with
C.E. Maguire, Inc. in the amount of $13,500 for engineering services at
the Hartwell Avenue Sanitary Landfill , to include design drawings show- Sanitary
ing the development of the landfill and an engineering report to include Landfill
site improvements, hydrogeology; operation procedure, ultimate use of Engineer-
completed landfill , capital and operating costs. Funds for this project ing
were appropriated under Article 28 of the 1973 Annual Town Meeting. Contract
Upon motion duly made and seconded, it was voted to sign the con-
tract with C.E. Maguire, Inc. , in the amount of $13,500 for engineering
services at the Hartwell Avenue Sanitary Landfill .
Mr. O'Connell discussed the 1973 Excise Tax bills and advised the
Board that errors have been made in the bills received from the Registry
of Motor Vehicles because its' records have not been updated. We have 1973
received about 4,000 and about 18,000 more bills will be received by the Excise
Tax Collector. We are looking into the situation and have been manually Tax Bills
checking the bills. We have been told it will be another year before the
matter is straightened out.
Mr. O'Connell reported to the Board that an inquest into the death Police
of Loren Haskell will be held by Judge Forte at the Concord District Loren
Court on May Il , 1973. Haskell
Mr. O'Connell informed the Board that Cherry Sheets have been re- Cherry
ceived and the figures for Lexington are close to what we estimated, so Sheets
the results do not appreciably change the tax rate we forecast.
Mr. Cohen recommended that the Board sign the contract with Sewer
Whitman and Howard for Engineering Services in connection with the Hayes
Hayes Lane Sewer. Lane
Upon motion duly made and seconded, it was voted to sign the con-
tract with Whitman and Howard for Engineering Services in connection
with the Hayes Lane Sewer.
Mr. Cohen recommended that the Board sign the contract for repair Buckman
and control work on the Buckman Tavern, which was awarded on April 23, Tavern
1973 to Thomas O'Connor and Company, Inc. , Cambridge, in the amount of
$80,994.00
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Selectmen's Meeting May 7, 1973
n-
Upon motion duly made and seconded, it was voted to sign the con-
tract
o
tract with Thomas O'Connor and Company, Inc. , for repair and control
work in the amount of $80,994.00
Chairman Kenney requested the Board to sign the Orders for Street
Construction for the following streets
Subdivision Streets
Barrett Road from Worthen Road, a distance of 714 feet,
more or less.
Bond Road from John Poulter Road, a distance of 281
feet, more or fess, Westerly
(-
Orders for John Poulter Road from Worthen Road to Winthrop Road, a dis-
Street Con- tance of 1 ,231 feet, more or less.
struction
Vi les Road from John Poulter Road, a distance of 288
feet, more or less
Worthen Road from Waltham Street, a distance of 1 ,053
feet, more or less.
Betterment Streets
Grassland Street from Payson Street, a distance of 1 ,050
feet, more or less, Easterly to Valleyfield
Street.
Holland Street from Taft Avenue, a distance of 200 feet,
more or less, Northeasterly to end.
Relocation of-Fern St. from the Westerly sideline of Pleasant
Street, a distance of 100 feet, more or less,
Southwesterly.
The Board discussed awards of damages on Holland Street and the
intersection of Pleasant and Fern Streets, as recommended by Mr.
Damages McSweeney.
Holland St. Upon motion duly made and seconded, it was voted to award. damages
in the amount of $500.00 to Lucidino and Marguerite Burri , 29 Hillside
Avenue for Lot 120 Holland Street as a result of takings for the Holland
Street Acceptance.
Damages Upon motion duly made and seconded, it was voted to award damages
Fern St. in the amount of $150.00 to Richard J. and Glenda M. Milewski , 11-13
Pleasant Street, as a result of taking at the intersection of Fern and
Pleasant Streets.
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Selectmen's Meeting May 7, 1973
Upon motion dulymade and seconded, it was voted to authorize the Liquor
q
Chairman to sign the Liquor Identification card for Karen Teague, 9 I .D.
Webb Street.
Upon motion duly made and seconded, it was voted to certify the
character of the following who have applied for Certificate of Incor-
poration Certificate
of Incorpor-
Alan G. Adams 15 Somerset Road ation
Leon A. Burke, Jr. 5 Frances Road
"New England Press Association Scholarship Fund, Inc."
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's meeting held on February 12, 1973.
Chairman Kenney read a report from the Director of Public Works/
Engineering, regarding the letter from the Lexington Mews for the re-
moval of the Town-owned fence which abuts the rear of their property
at 10-12; Mezzey Street. Mrs. Samoylenko had stated in her letter of Lexington
March 27, 1973 that "we are willing to install a paved sidewalk of suf- Mews
ficient width to install parking meters on the raised portion of the
sidewalk and to provide a concrete curb and necessary paving at the
town parking lot. After serious consideration of the operation of the
Lexington Mews, we believe that the entire removal of the fence would
be the most satisfactory solution both aesthetically and practically.
We also believe that the provisions of a raised sidewalk and curbing is
an effective pedestrian control and, in fact, is safer than channelling
people into the parking lot to get into their cars. We hope we may
hear from you favorably on this, and look forward to working with you
and the Engineering Department to resolve this problem."
The Director's report is as follows "Please be advised that we
have no objections to this proposal as stated except for the following
I . That the curbing be granite instead of concrete;
2. That the sidewalk and curbing be installed within two feet of
the Town owned portion allowing for the replacement of the
existing parking meters on Town owned property.
3. That the type of material to be used for the sidewalk be de-
fined;
4. That the future maintenance and repair of the sidewalk be
clearly understood that it is the responsibility of the owners
of the affected property;
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Selectmen's Meeting May 7, 1973
5. That the petitioner provide for any fencing of abutters'
property in order to insure against trespassing and to
provide for proper pedestrian traffic between Lexington
MEWS and the Town owned parking lot.
While we agree that this proposal permits good traffic and pedes-
trian circulation, we recommend that the Town obtain some assurances
that the abutters will suffer no added inconveniences and additional
expenses as a result of this request."
Upon motion duly made and seconded, it was voted to instruct the
Director of Public Works/Engineering to remove the Town-owned fence
which abuts the rear of the property owned by the Lexington Mews at
10-12 Muzzey Street.
It was agreed to write to Mrs. Samoylenko and enclose a copy of
the report. She is to be informed that the vote of the Board was made
with the mutual understanding between her and the Town as to the con-
ditions contained in the report. Also, she is to coordinate and com-
plete her portion of the sidewalk inaccordance with these conditions.
Mr. McSweeney will contact her to work out the details of this agreement
prior to the removal of the fence.
Chairman Kenney read a letter from Alden F. Westerlund, 18 Hamblen
Drainage Street, regarding poor drainage conditions in his area.
18 Hamblen Upon motion duly made and seconded, it was voted to table the
Street matter pending a report from the Director of Public Works/Engineering.
Chairman Kenney read a letter from Mr. Mistretta of the State
Department of Public Works asking if the Town wishes to continue on a
permanent basis the right turn at Bedford Street and Eldred Street.
Chairman Kenney This is obviously not a permanent solution to
the traffic situation there.
Traffic Mr. McSweeney One of the most serious things is the violation of
Bedford & people making a left hand turn coming out of Eldred Street. Other than
Eldred Sts. that, there has been no citizen reaction.
Mrs. Riffin It does not help citizens getting across the street,
and it might prevent having the State put in a traffic light.
Chairman Kenney to Mr. McSweeney Have you checked with the State
regarding the TOPICS program?
Mr. McSweeney Only in a preliminary way; it has not been evaluated
to see if it meets the Warrant design wise. It still remains to be seen
whether it will be included in TOPICS but the Planning Board will be
coming back with recommendations.
Mrs. Riffin Can we say to continue it until a more satisfactory
situation is determined.
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Selectmen's Meeting May 7, 1973
Chairman Kenney Why not send it to the Traffic Committee and, also,
ask Chief Corr for his comments. Mr. McSweeney can evaluate it within a
very short period and then talk with the State Department of Public Works.
The Board agreed.
Upon motion duly made and seconded, it was voted to refer the matter
to the Traffic Committee.
Mrs. Mary Jane Eplett, 28 Constitution Road, met with the Board to
discuss the water which periodically comes into her basement as a result
of a problem with the pumping station located opposite her property.
Mrs. Eplett We have lived here approximately 9 years and we are
ffthe situationpumping station and we have a serious
affected by at the pu pi g tatio
drainage problem in our basement. My house is the only one seriously
affected. Two years after we moved in, in 1965, there was a failure of
the pump and the timer on the pumping station failed to go off at the
Police station. We called the Police as our basement was inundated with
sewer water. They repaired the pumping station but it happened several
more times and there is a problem with drainage around my house. On
Friday, I called Public Works because of the water coming into our base-
ment because of the sewer; apparently, something else happened to the
pump. They again repaired whatever happened at the station. I am very Drainage
happy with my house and realize there is an outside drainage problem but Constitu-
sewer water is more than I can contend with, it could be a serious health tion Road
problem. At one time I was told to destroy everything in my basement and
I brought suit against the Town and was going to go to court, I was told
it would be advisable to settle out of court and I did settle. Mr.
McSweeney has been marvelous and the crew arrived and cleaned out my base-
ment. This involved the Engineering Staff going into my cellar but my
property was dug up outside without my authorization. I know nothing
about engineering problems and why I am the only one affected. I am not
at home all day to be the watchdog for that pump; why it burns out, I
don't know. Apparently, the problem existed before I bought the house and
I am getting very tired of it. Mr. Coscia said to have loam put around
the property and get a sump pump.
Chairman Kenney Do you have water every time it rains?
Mrs. Eplett No; there has not been water in the basement when it
rains. It used to come in the rear of my house through a slit area when
I first bought the house but now it has worsened. Last spring, I had
water when we had torrential rains.
Mr. McSweeney: She says it happened and that it had been coinci-
dental with the pump going on and off. I had water tests made and we are
convinced that it is drainage water. This year we are going to renew the
pumping station but she will still have problems. Frankly, we don't know
how it got in there.
Chairman Kenney Did the water test to be sewer water?
Mr. McSweeney No.
Mrs. Eplett Yet the water was coming through the sewer pipe.
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Selectmen's Meeting May 7, 1973
Mr. Coscia Weput a backwater valve in there and in no w did
i�
it fail the last time. When we got to the pumping station the last time,
it was in a bad condition and if she had water she would have had a
cellar full of water. We have not found sewer water in that cellar. I
know the check valve is holding.
Mrs. Eplett You are now saying that you have plans to do some-
thing about the pumping station?
Chairman Kenney We have plans and it will be completed about
August 15th.
Mrs. Eplett I will feel happy then, We did bring suit before
and different people felt it was sewer water in the basement. It is very
difficult for me to believe there is drainage water.
Chairman Kenney We will take particular precautions in the event
you have a problem. Hopefully, you won't have a problem.
Mrs. Eplett thanked the Board and retired from the meeting.
Chairman Kenney read a petition from the residents of School Street
and Stimson Avenue for a withdrawal of the proposal for a sidewalk on
School Street.
Chairman Kenney Mr. James Scanlon of 66 School Street has asked if
it would be practical to build a small pedestrian island and to have de-
School lineated crosswalks?
Street Mr. McSweeney That doesn't relieve the problem mentioned by the
Sidewalk original petitioners.
Chairman Kenney What has been our experience with loading zoneS
and crosswalks?
Mr. McSweeney The only one I know of is the one we built at
North Street.
Mr. Busa There is a lot of rush-hour traffic in that area.
Mr. Brown Basically, what these people are saying is that the cost
of the sidewalk is a waste of taxpayers' money and they also mention the
reassignment of the Patrolwoman from the corner of Crosby Road and Massa-
chusetts Avenue as indicating shortsightedness on the part of the
Selectmen or the Traffic Committee. I don't see any positive suggestions
in their petition. I don't understand what the solution is. What is the
real problem in which we are being taken to task?
Chairman Kenney Four Policewomen.
Mr. McSweeney The solution from a traffic and engineering viewpoint
is that these children walk along one route rather than trespass in three
locations.
Chairman Kenney That would be the sidewalk.
Mr Brown They don't want it.
Mr. Busa The solution is education of the children. This situation
is the same as at Lillian Road and the abutters don't want the sidewalk on
that side of the street. I sympathize, but I strongly feel it is part of
the children's education, and a Sidewalk won't do this.
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Selectmen's Meeting May 7, 1973
Mrs. John Steiner, 22 Estabrook Road I represent the people that
want the sidewalk. This has been discussed for years and we have had
Traffic Safety look at it, and the Board has agreed this is a safety
hazard. Before you concluded, there were two solutions open; one was a
flashing light, which was turned down by the State. The other one was
one sidewalk and a crossing guard.
Chairman Kenney I am not sure we came to that conclusion. We did
conclude that the sidewalk was a public improvement.
Mr. Brown Is there any member of the audience able to offer posi-
tive suggestions?
No answer.
Upon motion duly made and seconded, it was voted to table the matter
of the School Street sidewalk. A letter is to be written to the peti-
tioners indicating that their objections to the sidewalk were entirely in
the negative but the Board would be pleased to hear any positive sugges-
tions for alternative methods of alleviating the safety problem for school
children in the area.
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, would adversely affect the public
security, financial interests of the Town or the reputation of a person.
After discussion with the Conservation Commission and the Engineering
Department, it was voted to go out of Executive Session and resume the
open meeting.
Mr. Louis Zehner, Town Treasurer, the Capital Expenditures Committee,
Appropriations Committee and Mr. J. Keith Butters met with the Board to
discuss the bonding of the Cary Memorial Library.
Mr. Zehner: There was disagreement within each committee but we
reached the consensus of bonding the Library for 15 years, with the under-
standing that sewers, etc. be financed for 5 years. We agreed in
principle to float the issue for the Library in May or June and I have Bonding
worked it out with the New England Merchants Bank for the sale on June 5. Cary
Chairman Kenney If we bonded for 20 years, we would be in trouble Library
with our Moody rating.
Mr. Zehner: In a year or a year and a half, it would be bonding for
5 years for the $I million package.
Mr. Furash This was the consensus of the Appropriation Committee,
to take the $1 million and amortize over 5 years and to relieve this
year's tax rate by a longer period for the Library. With 5 and 15, we
end up with an average of 10 or Ili years.
Mr. Cohen Remember that the Library consists of three parts ...
equipment, remodeling and the new addition - and all must be taken
separately. So the first 5 years will be heavier.
Mr. Whitman Mr. Butters recommends bonding for 20 years.
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Selectmen's Meeting May 7, 1973
Mr. Silverman Three members on the Capital Expenditures Committee
feel we should go for 10 years.
Chairman Kenney Are the members of the Board satisfied with 15
years?
The Board agreed to the bonding of the Cary Memorial Library for
15 years.
Mr. Furash agreed that the Appropriation Committee would meet with
the Board the early part of June.
Chairman Kenney informed the Board that it is the recommendation of
Taxi Town Counsel to extend the period of time for current taxi and livery
Licenses licenses from May I to June 30, 1973.
Upon motion duly made and seconded, it was voted to extend taxi
and livery licenses to June 30, 1973.
The Board discussed a letter from Commissioner Campbell regarding
Traffic a complaint from Joseph Volante, 85 Lowell Street, of accidents at the
Lillian Rd. intersection of Lowell Street and Lillian Road.
Upon motion duly made and seconded, it was voted to refer the
matter to the Traffic Committee for a recommendation.
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, would adversely affect the public
Session security, financial interests of the Town or the reputation of a
person.
After discussion of matters of financial interest to the Town, it
was voted to go out of Executive Session and adjourn at 10 30 p.m.
A true record, Attest
Executive Clerk, Selectmen
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