HomeMy WebLinkAbout1972-11-20-BOS-min 560
SELECTMEN'S MEETING
November 20, 1972
A regular meeting of the Board of Selectmen was held in the Select-
men' s Meeting Room on Monday evening, November 20, 1972, at 7 30 p.m.
Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Riff in; Mr.
O'Connell , Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director
of Public Works; Mrs. McCurdy, Executive Clerk, were present.
At the request of the Town Clerk, six jurors were drawn as follows
Barnard Bornstein 9 Wheeler Road
Jurors Vincent R. Ignico 17 Emerson Gardens
William A. Johnson 13 Smith Avenue
Raymond W. Little 81 Vine Street
Robert D. MacLean 32 Young Street
John L. Taccalozzi 12 Barrett Road
Mr. O'Connell informed the Board that comprehensive oral examina-
tions have been conducted for the promotions from Lieutenant to
Fire Captain in the Fire Department. As a result, two men have been selected.
Captains Lt. John T. McDonough, a Fireman for 16 years and a Lieutenant for seven
years, and Lt. James Cataldo, a Fireman for 20 years and a Lieutenant
for three years, were introduced to the Board.
The Board congratulated both men upon their promotion to Captain in
the Lexington Fire Department.
Chairman Kenney read a request from Eisenberg Associates for per-
mission to install a 12 inch drainage line to an existing drainage
manhole in the municipal parking lot to the rear of the property at
Lexington 10-12 Muzzey Street. Pending approval , we intend to install the afore-
Mews mentioned drain line from the existing manhole to a point just inside
Request for the property line for use during the construction period for the
Drainage proposed Lexington Mews Building. Our main objective in connecting
this system at this point is to expedite any interruption of parking
service in said parking lot and to eliminate open pumping of incurred
water during construction across the surface of the lot.
Mr Busa I question putting a sump in the basement to collect
water from the roof and parking lot. 1 don't think Lexington should
get into a situation where we have to allow private construction to
maintain a sump and to pump it into our system; this could run 365
days a year. We would get this request from every owner on Massachu-
setts Avenue. I would like this tabled until we get a report from the
Building Inspector and the Board of Health.
Mr. Bailey If anyone has the problem, I would expect them to
ask for it.
Mr. Busa The reason they are requesting it is because theveleva-
tion of this floor is below the water table.
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Mr. McSweeney The reason for the sump pit is obvious; they are
going down 12 feet. in our report, we presented the following recom-
mendations
( I ) Both sanitary and storm wastes will require separate pump-
ing units to be installed.
(2) The connection to the catch basin in the parking lot is,
from an engineering viewpoint, not only feasible but proba-
bly necessary since there are no other drainage facilities
in the immediate area.
(3) If this drain connection is to be approved, work should
begin as soon as possible so as to provide a minimum amount
of disruption during the approaching holiday season and
provide a permanent solution to draining the site during
construction. The alternative would be to allow water to
flow across the pavement to the basin thereby creating a
possible freezing problem.
(4) Should you approve this connection, we would request that
it be granted with the following stipulations That this
department be notified at least forty-eight (48) hours in
advance of the beginning of the work. That the work con-
form to our specifications, and that all necessary permits,
etc. be obtained prior to commencement.
(5) We recommend that the Town obtain written notice that it
will not be held liable in the event of a surcharge condi-
tion in the drainage system.
Chairman Kenney What alternative do they have?
Mr. McSweeney Not to have a cellar 12 feet deep. This is the
other question as far as the design of the building is concerned, but
they don't feel as though they are going to have water.
Mr. Busa Under Subdivision Control Law, I think the elevation
has to be maintained by the Board of Health and the Building Depart-
ment. This is my knowledge under subdivision.
Chairman Kenney It doesn't come under it.
Mr. Buse Then they should be notified.
Mr. Bailey Do they have a building permit?
Mr. McSweeney I don't believe so.
Mrs. Riff in At what depth are the other basements?
Mr. McSweeney 5 or 6 feet; they intend to go down 12 feet
Mrs. Riff in Would the sump pump be privately installed and
privately maintained?
Mr. McSweeney Yes. The water will end up in the basement and
they want to pump it out. It is a private venture, not a Town venture.
Upon motion duly made and seconded, it was voted to table the item
until next week pending reports from the Board of Health and the Build-
ing Inspector
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Dr. Kassler, Chairman of the Conservation Commission, and Mrs.
Frick met with the Board.
Dr. Kessler informed the Board that Mrs Frick had received a
check for $18,500 from the State Department of Natural Resources
Conservation for 50 percent reimbursement for the purchase of conservation land
Commission along Route 128 We had a letter from HUD saying we will get
$38,525 from the Federal Government for the Wilson, Frissore, Soule
and Drummer Boy land. This represents a tremendous amount of work
'by Mrs. Frick, Mrs. Greene and Mr. Cohen and exemplifies what happens
and what has been happening with tremendous cooperation from the
Engineering Department, Town Manager and the Board of Selectmen.
Chairman Kenney Congratulations to you and the Conservation
Commission for the fine job you have done. It is good news when the
townspeople can see these funds come back to the Town.
Mr. O'Connell informed the Board that he has a request from the
Conservation Commission Account 02460 for $600. Previously, there
had been a request for $600 and there has been a change in the makeup
Transfer of this amount. The money previously spent for maps has been charged
Conservation to Conservation and they are requesting $400 for secretarial services
Account and $200 for 4 half-day periods for the services of Mr. Zaleski to
#2460 assist them in the preparation of their land articles
I think it raises a question which the Board might wish to enter
into on the use of such expenditures - a question of whether with
Account #2460 and Article 63-additional appropriation to Conservation
Fund. These are two operating budgets and the question is if the
Conservation Fund is going to be used for operating expenses or to
use the Fund if it overruns.
Chairman Kenney I think the purpose for which the Fund was
formed was not for operating expenses but capital expenses.
Mr. Bailey Do you recommend approval of this transfer request?
Mr O'Connell Yes.
Upon motion duly made and seconded, it was voted to request the
Appropriation Committee for a transfer from the Reserve Fund to the
Conservation Commission Account #2460 in the amount of $600.
Mr. O'Connell reported to the Board that he had received a letter
Gold Ribbon from the Board of Appeals concerning the problem of trucking complaints
Farms at Gold Ribbon Farms. The gate which was promised has been installed
and is in use.
For the information of the Board, Chairman Kenney said that the
State Department of Public Works has advised us that Chapter 90 Memo-
randum of Agreement No. 27319, dated October II , 1972, for the
improvement of roads in the Town of Lexington under Section 34,
Chapter 90, 'has been revised to include Waltham and Watertown :Streets.
This is for resurfacing.
Transfer Chairman Kenney informed the Board that approval has been received
Berman' s from the Alcoholic Beverages Commission for the transfer of stock to
Liquor Joel G. Berman of Berman' s Market, Inc.
/s"' 9 6'4
Chairman Kenneyinformed the Board that approval from the ABC has Sheraton
rp Lexr to
also been received for William E. Haas as General Manager of Sheraton Lexington
Lexington Motor Inn. Manager
Chairman Kenney read a request from the Lexington Lodge of Elks
#2204 for an extension of hours on New Year' s Eve to 2 00 a.m. Ap- Elks NeW
proval had been granted last year. Year's Eve
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Lexington Lodge of Elks #2204 for an extension of hours
under their Club Liquor License to 2 00 a.m. on New Year's Eve.
Upon motion duly made and seconded, it was voted to certify the Cert. of
character of Timothy P. Hart, 30 Spring Street, who has applied for lncorp.
a Certificate of Incorporation "The Cumulus Flying Club, Inc."
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's 'Meeting held on October 24, 1972.
Dr. Clarke, Vice Chairman of the Planning Board, and Charles Parking
Downe, Interim Planner, met with the Selectmen. Central
Chairman Kenney read a report submitted by the Planning Board Business
regarding parking in the Central Business District District
"Mr. Charles Downe reported to the Planning Board at our meeting
111 last Monday with regard to the probable costs of various kinds of
consultant studies which might be undertaken to guide the Town toward
solutions of the parking problems in Lexington Center, including one
or more parking structures.
This "ball park" figure for a parking structure on the existing
parking lot in the Muzzey-Waltham St. block, with the 185 spaces
envisioned by the 1966 EDA report, is of the order of $700,000, in-
cluding contingency funds. It is unlikely that such a structure
could amortize its cost entirely through parking fees, in that such
fees would be so high that patron use would be discouraged
The Planning Board feels that the Town is not ready for a pro-
posal of this magnitude, which would require some ongoing subsidy
from public funds. We feel further that any proposal for parking
expansion will require more backup analysis of present and future
need throughout the central business district in order to succeed
at Town Meeting. We believe this will be true of a request for
funds to expand the Meriam St parking lot.
This analysis could take the form of a short-term investigation
as follows
1 . The supervision of a group of volunteers is gathering data
on critical spots at critical periods. Such data would in-
clude degree of occupancy of specific areas and turnover
rate, to determine the present pressures and need at speci-
fic locations (Our League of Women Voters, Ms. Margo
Gilson, reports that LWV would like to cooperate.)
564
2. An analysis of present and future floor space in the commer-
cial district, including various uses and activities and to
translate this analysis of traffic generators into present
and future parking needs."
Chairman Kenney I wholeheartedly agree on the, conclusion made
on the parking structure. I think it is out of the question. I
would point out that we received a letter from Commissioner Campbell
of the State DPW saying that TOPICS could replace on-street parking.
Mr. Clarke We don't have much on-street parking. Our feeling
is that a study is long overdue. Meriam Street parking lot will
come up next spring and we should be informed about the need for
parking in the Center, and it would be a good time to do it for the
next spring session of Town Meeting. We have a man doing the work,
and Mr. Downes, and we have money left in the personal services
budget.
Chairman Kenney I think an analysis or a study of the Center,
overall , would be helpful but I don't think it an absolute necessity
for Meriam Street.
Mr Clarke I agree that it would be a considerable help.
Chairman Kenney When we talk about a transfer, we may get
into a problem where it is not a requirement unforeseen or of an
emergency nature.
Mr. Clarke We can say that Alex' s departure was unforeseen.
✓ Mr. O'Connell I don't think the Planning Board has funds.
Putting it on a dollar-for-dollar basis, it would not have the
balance and would not be used in the manner indicated.
Mr. Clarke One-half of Alex' s salary is not available to us
but in the overall there is money available. We could go to the
Appropriation Committee.
Mr. O'Connell It cannot be taken from the personal services
account.
Mr. Clarke I think it is a reasonable request to the Appro-
priation Committee.
Chairman Kenney The letter from Commissioner Campbell says
"a Lexington Center project has been recommended in the Lexington
Areawide TOPICS plan as part of Project 02. Included in this pro-
ject would be consideration for parking restrictions to improve
traffic flow and adequate provisions for off-street parking."
Mr McSweeney A complete study and a parking and circulation
plan were listed on Phase I . We set up our priorities, like
Waltham Street and Concord Avenue. In the first part of the project,
we felt as though we didn't need all the traffic installations and
came up with the priority of the business district and an evaluation
of alternate roads which had a bearing on traffic circulation. We
asked Commissioner Campbell how soon 'we would be able to anticipate
it and he said it is in the hands of consultants. Project 2 is
implementation if the State approves. It is my understanding that
the State approved and needs data for priorities. Whether TAMMS
changed them, I don't know.
6 t�
Mr Bailey There may be a possibility of us chang-
ing our priorities
Mr. Clarke: Parking, I gather, is only a small part
of this?
Mr. McSweeney: It was in our priorities in TOPICS
Chairman Keneey The letter from Commissioner
Campbell came in today, and Mr McSweeney has talked to
them.
Mr Clarke: Phase I is evaluating our priorities?
Mr McSweeney They have already said they are
feasible On the evaluation of signal installation, I
will have a list next week.
Chairman Kenney to Mr. McSweeney Talk to the State
Department and ask them if there could be a speed-up of
the study in the Center and get a timetable.
Mr McSweeney Then we will have a clearer idea
Mr Bailey And see how difficult it is for us to
change our priorities
Mr Clarke And that it sets up how far we can go.
Mr McSweeney The first $330,000 will be assigned
and you go ahead step-by-step It is really data
gathering and getting into a design concept, we would
like to pick this out and get it as fast as possible
We talked about Bedford Street and the jughandle, Pleasant
Street and Massachusetts Avenue, and the intersection of
Maple Street and Marrett Road
Mr Clarke And the effect of the amount of traffic
that goes to the Center
Mr McSweeney a complete To have evaluation of
parking.
Mr Clarke Including off-street.
Mr McSweeney Yes , for public parking, and they
will have to gather some data on private parking
Mr. Clarke That would solve the question we are
after.
Chairman Kenney I think it unfeasible to go for a
transfer if the State and TOPICS will do this for us.
Mr Clarke What if it is not for five years?
Chairman Kenney I don' t think so
Mr. Clarke If we had some idea of the time to make
that survey, it would be very useful
The Board agreed that Mr McSweeney is to report back
with the information
Chairman Kenney to Mr. O 'Connell On the Meriam Meriam St.
Street parking lot, some time ago there was a feeling that Parking
Mr. Mongiello would assist us Lot
Mr. O'Connell Yes , he is trying to put the informa-
tion together, and we are also trying to complete the
metering
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Chairman Kenney We will put an Article in for the
Meriam Street lot The Board would be interested in look-
ing
at the information as soon as it is compiled.
Mr Clarke and Mr Downes retired from the meeting at
8 25 p.m
Chairman Kenney requested the Board to vote to exercise
the option granted to William Hill
Exercise of Upon motion duly made and seconded, it was voted to
Hill Option exercise the option granted by William Hill to the Town to
purchase the parcel of land containing 10 384 acres situated
southerly of Marrett Road that was authorized to be acquired
for conservation purposes under Article 53 of the 1972
Annual Town Meeting.
Chairman Kenney informed the Board that it is time to
set the date for the closing of the Warrant for Articles
for the 1973 Annual Town Meeting
Upon motion duly made and seconded, it was voted to
1973 Town call the Annual Town Election on Monday, March 5, 1973, and
Meeting the Annual Town Meeting on Monday, March 19 , 1973, at
8 00 p m in Cary Memorial Hall
Upon motion duly made and seconded, it was voted to
Warrant close the Warrant for the 1973 Annual Town Meeting on
Closing December 29 , 1972. All Articles to be inserted in the
Warrant must be submitted to the Board of Selectmen on or
before December 29 , 1972 at 4: 30 p.m
Chairman Kenney read a request from the Director of
Public Works/Engineering to sign Contract 72-6-E, Sanitary
Contract Sewer Construction, which was awarded on October 17, 1972
72-6-E to Grandview Contracting Inc in the amount of $137,138
Sewer for Westwood Road, Mill Brook Road, Suzanne Road, Emerson
Construc- Road, Brent Road, and Concord Avenue
tion Upon motion duly made and seconded, it was voted to
sign Contract 72-6-E, Sanitary Sewer Construction, awarded
to Grandview Contracting Inc. in the amount of $137,138
The Board discussed an informational hearing to be held
Spring St on a 24 ft. layout of Spring Street and it was agreed that a
Hearing hearing will be held in Cary Hall on December 13, 1972 , at 7 30 p m
Mr. McSweeney The Board will attend this meeting and
the abutters will be notified that it will be an informal
hearing
Common Chairman Kenney informed the Board that application
Victualler has been received from Saratoga Sandwich Roll Corp d/b/a
Danish Danish House, 1847 Massachusetts Avenue, for a Common
House Victualler License They have received a permit from the
1
Qi )
Board of Appeals and we are waiting for the final inspec-
tion1by the Board of Health. The license could be signed
and held until the approval of the Board of Health is re-
ceived They have requested the hours of 7:00 a m. to
12:00 M but will cut back if business is slow.
Upon motion duly made and seconded, it was voted to
sign the Common Victualler License for Saratoga Sandwich
Roll Corp d/b/a Danish House, subject to approval of the
Board of Health; hours to be 7 00 a.m to 12:00 M.
Chairman Kenney asked Mr Brown about the meetings to
be held regarding the extension of the MBTA
Mr. Brown: The Boston Transportation Planning Review MBTA
ends in January and they are trying to get support for con- Extension
tinuance. I don' t believe the Red Line will get to
Lexington for ten years as they have to get through Cambridge
and the others first.
Upon motion duly made and seconded, it was voted to go
into Executive Session for the purpose of discussing, delib-
erating or voting on matters which if made public might Executive
adversely affect public security,financial interest of the Session
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
resume the open meeting
Chairman Kenney read a request from the Director of
Public Works/Engineering for approval of equipment rates Snow
for hired equipment to be used in the 1972-73 winter Plowing &
season Basically, what we have done here is reviewed
Hauling
current rates being employed by surrounding cities and towns Rates
In addition, we have met with all the available truck owners .
Also, we have reviewed all the available equipment and found
it necessary to adjust our rates for the smaller equipment so
that they would be more equitable The department is finding
it more difficult each year to hire equipment and drivers in
the 23,000 - 60 ,000 G V W. class. To date, our advertise-
ment and solicitation has produced the same amounts and
types of equipment that we have had for the last two years
A great number of our hired equipment falls within the
23,000 - 34,000 G V.W range Presently we have 23 pieces
under consideration. We would like a minimum of 30 (allow-
ing 10% and/Or 2 vehicles for breakdown) in order to cover
our 14 hired routes efficiently.
The basic changes that we have made are as follows
(1) We have changed the plowing rate for the lower
GVW (4,000 - 23,000) from $16 00 to $9 00 - $14.00.
56
(2) For the 46,000 - 60,000 G.V W , the plowing rate has
been changed from $19.00 to $21 .00 and the hauling
rate from $13 00 to SI5.00.
All other rates are the same as approved for the 1971- 1972
winter season
Upon motion duly made and seconded, it was voted to approve
the 1972- 1973 Plowing and Hauling Rates, as recommended by the
Director of Public Works
Plowing Hauling
G.V.W. Existing & Proposed Rate Existing & Proposed Rate
4,000 - 10,000) $ 9 00
10,001- 16,000) $16 00 12.00 $10 50 $10.50
16,001- 23,000) 14 00 10.50
23,001- 34,000) 16.00 10.50
18 00 12 00
34,001- 46,000) 18,00 12.00
46,000- 60,000 19.00 21 .00 13.00 15.00
Trailers 20.00
Loaders - Tire Mounted
13/4 yds. to 2 yds 25.00
2 1/2 yds. and over 35.00
On Plowing Only
The following rates may be added if they apply (No change from 1971-72
in snow plow rates)
(a) Owner furnishes own plow - add $3.00 per hour
(b) Owner furnishes own helper - add $2.50 per hour
(c) For each 24 hour period - 11/2 hours will be deducted
for breakfast, lunch and supper. This is effective on
both plowing and hauling.
(d) Standby time - when notified to prepare for a storm but
later equipment is not used - payment will be made for
2 hours at the rate applicable per unit.
(e) One hour credit to be allowed and paid for mounting
chains. Units must report to work with chains
(f) Every operator must check in and check out to receive
a stamped time slip by the Department Dispatcher.
Upon motion duly made and seconded, it was voted to adjourn at
10 15 p.m
A true record, Attest /ted
42A-4"-
N-1'd"
t Executive Clerk, Selectmen