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HomeMy WebLinkAbout1972-10-24-BOS-min 532 SELECTMEN'S MEETING October 24, 1972 A regular meetingof the Board of Selectmen was held in the Select- men's Meeting •Room on Tuesday, October 24, 1972 at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Busa and 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. Mr. Zehner, Chairman of theTown Report Committee, met with the Board to present the award for second prize for the 1971 Town Report. 1971 Town He and Mr. O'Connell had attended the Massachusetts Selectmen's State- Report wide Town Meeting on October 21 and had accepted the award on behalf 2nd Prize of the Town. We have had six awards - 3 first prizes, 2 second prizes and I third prize. We have a strong committee now btpt I recommended that we add Gerald L. Gilmore, who would make a worthwhile member. He is Production Manager of D C. Heath Co. in charge of their whole school book program. Chairman Kenney The members of the Board congratulate you on the outstanding job you and your committee did last year. We realize you Appt. to have a most capable committee and if you wish to expand it, we would Town Report go along with you. Committee Upon motion duly made and seconded, it was voted to appoint Gerald L Gilmore, 7 Dexter Road, Lexington, a member of the Town Report Committee. At the request of the Town Clerk, five jurors were drawn as follow, Jurors John M. Young 4 Homestead Street Gerald R Maglitta 10 Webb Street Jared R. Cone 166 Spring Street Stanley M. Poplawski 29 Oxbow Road Milton S. Dietz 6 Partridge Road Mr. O'Connell informed the Board that he had reviewed with the AFS American Field Service the request to display foreign flags around the Battle Green during November 1 through November 6, 1972 and the foreign flags will not be displayed even for one day. Mr. Cohen, Town Counsel , requested the Board to sign sidewalk contract 72-3-E, previously awarded on September IS, 1972 to Somerset Paving Corporation in the amount of $63,086.43; authority for this Sidewalk under Article 19 of the 1970 Annual Town Meeting and Article 64 of 72-3-E the 1972 Town Meeting. Upon motion duly made and seconded, it was voted to sign the sidewalk contract 72-3-E to Somerset Paving Corporation in the amount of $63,086.43. I 533. Chairman Kenney read a report from the Director of Public Works/ Engineering stating that his department had been reviewing the site plans for the Minuteman Regional Vocational School . In reviewing the plans for the sewer, we find that the construction of approxi- mately 1 ,000 feet of sewer force main and gravity feed pipe is necessary off-site to service the school . The School District and their Engineer have indicated they are willing to provide the neces- Minuteman sary engineering and plans to our satisfaction and also provide the Regional Town with a certified check in the amount of the estimated construc- Vocational tion cost, preliminarily set at $15,000. This proposal could be School added to contract 72-7-E which is currently in the preliminary Sewer design stage. At this point, we are recommending that the Board vote a preliminary approval of this concept so that we may continue with necessary arrangements. Chairman Kenney to Mr. McSweeney They are willing to pay for the entire cost? Mr. McSweeney Yes Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering and to authorize him to proceed with the necessary arrangements regarding the sewer for the Minuteman Regional Vocational School , as outlined in the above report. Chairman Kenney read a report from the Director of Public Works regarding a request from Dr. Strominger, 2030 Massachusetts Avenue, for shades to be installed on street lights near his home or to turn off the street lights at II 00 p.m. as there is a stoplight there. The matter had been reviewed with a representative of Boston Edison Strominger Company and the light lumenaire is designed in such a way that the Lights lateral light distribution is directed over the roadway and side- walk areas, and installation of a shade would defeat the design of the light. We would like to remind the Board that due to many re- quests from residents for improved lighting in the Town, the Department of Public Works instituted a lighting program five years ago. The Board agreed to inform Dr Strominger of the above report Chairman Kenney read a report from the Director of Public Works regarding a request from Dr Strominger, 2030 Massachusetts Avenue, for the Town to provide the entire cost of a split rail fence, or share the expense, as he is bothered by people cutting across his Strominger property to go to the Center Playground. Fence The report states that the Town has installed a chain link security fence for neighboring properties as part of the develop- ment of the playground. While we cannot participate in the cost and maintenance of a split cedar fence, we would recommend installing the chain link security fence, the cost of which could ee submitted in the 1973-1974 budget. The Board agreed to inform Dr. Strominger of the above report. I 534 Chairman Kenney read a report from the Director of Public Works in response to a request from Paul E. Legassie, 16 Rawson Avenue, for the Town to fix his driveway. Mr. Legassie claimed that when the Town paved Rawson Avenue in 1961 , a pocket formed and as a result of this, each time it rains the pocket fills with water, making it almost im- possible to get their mail; ice forms in winter. Legassie The report states that the records were checked and when the Rawson Ave street was constructed in 1961, the driveway was substantially altered in order to meet the roadway grade. After viewing the site, we must concur that a pocket exists in the driveway and that it is probably as a result of the construction some eleven years ago. In order to repair this situation, it would require reconstruction of a substan- tial portion of the driveway and some modification of the grassed portion of the front yard to meet the high driveway grade necessary to correct this problem. This work could be performed by Town forces. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to make the necessary arrangements to elimi- nate the problem in Mr. Legassie's driveway at 16 Rawson Avenue. Chairman Kenney read a request from Attorney Kassman, Trustee of Swommonland Trust, for a reduction in the sewer betterment assessments of $1 ,081 .78 on 35 acres of unimproved land southerly of Barberry and Stonewall Roads and Concord Avenue. A report from the Director of Public Works/Engineering was read stating that the Trust was assessed for two frontages on Barberry Road in the amounts of $209.97 and $367.98, and one frontage ,on Concord Avenue in the amount of $503.83 making a total of $1 ,081 .78. Swommonland These three (3) frontages allow for entrance into the thirty-fwve Trust-Sewer (35) acre parcel Mr. Kassman makes reference to in his letter. This Betterment department certainly appreciates Mr. Kassman's views and, feel his Deferment points are well taken, but our recommendation would be not to abate this assessment; but, if the Board so desired to defer payment until such time as the land was sold or built upon. To defer payment would accomplish, we feel , what Mr. Kassman, wants, but still affords protec- tion to the Town should the land be used for 'some other purpose at a later date 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 assessments for Lot 2 - land lying southerly of Barberry and Stonewall Roads and Concord Avenue in Lexington, owned by H. Seymour Kassman and Erik L. Mollo-Christensen, co-trustees of the Swommonland Trust, 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: 00,1 Lot 2 (Assessors' Map 10, Lot 7) Sewer Barberry Road $209.97 Barberry Road 367 98 Concord Avenue 503.83 Chairman Kenney read a request from William J. Scouler, 144 Simonds Scouler Road, for an abatement of his sidewalk betterment assessment of $112.50. Sidewalk Upon motion duly made and seconded, it was voted to sign an abate- Betterment ment of $31 .50 on the sidewalk betterment assessment of William J. Assessment Scouler, 144 Simonds Road, as recommended by the Director of Public Works/Engineering. Chairman Kenney read a request from Dr Arnold L. Abrams, Presi- dent of Five Fields, Inc., for abatement of $1510.58 sewer betterment assessment on common land used for neighborhood recreational purposes, maintained at private expense. Ar report from the Director of Public Works/Engineering was read stating that this lot has frontage on both Concord Avenue and Barberry Road. The assessment on Concord Avenue was $300.60; the assessment on Barberry Road was $1,209.98. In checking with the Assessor's Department and Tax Collector, all nonprofit organizations have to pay the betterments levied against the property, but are tax exempt from Real Estate Taxes. Mr. Abrams' point about being a neighborhood play area is well taken, but the lot is still a buildable parcel with more than enough frontage and area to conform to present zoning. Two similar areas that will be assessed betterments according to our assessment schedule are Paint Rock Pool Corporation, located off Partridge Road, and the Adams Pool Corpora- tion, located off Emerson Road. Therefore, it is the feeling of this department that while Mr Abrams does raise some good points there is no reason for granting an abatement in this case. Five Field Chairman Kenney to Mrs Riff in Is there a pool on that land? Inc Mrs. Riff in Yes, there is. Sewer Chairman Kenney -Are there lavatory facilities? Betterment Mrs. Riffin Yes. Chairman Kenney The Board of Health will probably be requesting at some time that they be connected to the sewer Mrs Riffin All residents may join - from Route 2 to the Waltham line and Route 128. Chairman Kenney But it is a private pool? Mrs. Riffin Yes. Chairman Kenney I feel, if it is a private pool , they should pay the betterment. Mrs. Riffin I think the policy has to be consistent with all open land and with all other pool areas which are in similar circum- stances Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering and deny the request of Dr. Abrams for an abatement of the sewer betterment assessment of Five Fields, Inc. , in the amount of $1 ,510 58. Mrs. Riffin abstained from voting. 536, Chairman Kenney read a report from the Director of Public Works/ Engineering regarding a request from Joseph Augustine, 26 Melrose Avenue for a sewer connection to his home. The report states that the lot has a Melrose Avenue address, although the only frontage they have on a public way is approximately 4 feet on Bow Street This is due to the discontinuance of a portion of Melrose Avenue and the re- location of a portion of Bow Street. During the summer of 1949 a sewer was constructed in Bow Street past the Augustine's lot, and betterments were assessed against all abutters for this improvement. The Augustine's betterment was " $185 60. This amount was paid in full on March 9, 1951 . Addition- ally, our records show no application for a connection permit was ever made until recently. At this point, we investigated the re- quest and found that the sewer in, Bow Street was installed a grade such that this house could not be connected. As near as we can tell , this was as a result of a field change in the grade of the pipe to avoid some obstruction. There are three possible ways to rectify this situation with a gravity sewer; however, none are Joseph desirable. One is the reconstruction of a major portion of the Augustine sewer in Bow Street. We estimate it would require the relaying of Sewer approximately 350 feet of main at a cost of $8,000 plus the disrpp- Connect ion tion of service to several families previously connected. The second Request would be to acquire an easement to run between lots 69 and 70A- on Melrose Ave Rindge Avenue and connect to the Rindge Avenue sewer. The third would be a simi lar approach using the way between Rindge Avenue and Bow Street. The problem with the last two approaches is that it is doubtful if the Town has the authority to take a sewer easement for a private service. A fourth possibility is the installation of an injector station to pump to the Bow Street sewer. This, however, would be most undesirable for all parties. We recommend that Mr. Augustine approach his abutters to the east on Rindge Avenue to determine whether they would grant him an easement for his service. If this is unsatisfactory, we would then recommend that the better- ment be abated and refunded with interest. After discussion with Mr. McSweeney, the Board agreed to send a copy of Mr. McSweeney' s report to Mr. Cohen, Town Counsel, and he and Mr. McSweeney are to submit recommendations to the Board. Upon motion duly made and seconded, it was voted to table the request of Joseph Augustine, 26 Melrose Avenue, for a sewer con- nection. Chairman Kenney read a report from the Director of Public Works/ Engineering regarding a request received from A. Purney Acker, 27 Acker Sewer Hayes Lane, for an extension of the sewer main to service his home. Connection The report states that the main does stop at house #32, as stated in Request Mr. Acker's letter, and to service his home the sewer main would Hayes Lane have to- be extended 150 feet. Since the closing date has passed for insertion in our 1973 budget, we would recommend the Board of Select- men include this Sewer Extension in the 1974 sewer budget. Estimated cost of this extension wilI be approximately $4,500. 53 7A Chairman Kenney The closing date for sewer requests has been made for September 15, and 1 would be reluctant to open it. If we have some money left over, we could probably pick it up earlier than 1974, but I am making no promises. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering to include in the 1974 budget the request of A. Purney -Acker, 27 Hayes Lane, for an extension of the sewer main to service his home. The Board agreed to inform Mr. Acker of the above vote but if any funds remain after the scheduled projects are completed, his re- quest will be reviewed in the spring of 1973. Chairman Kenney read a report from the Director of Public Works/ Engineering regarding a request from Claire Gray for sewer and water service to lot 56-A, Green Lane. The report states the sewer is approximately 100 feet from this lot; this is a trunk line sewer that runs between Pleasant Street and Watertown Street. The owners on both Green Lane and Pleasant Street where the trunk line runs through their property are presently serviced by this trunk. The depth of Gray Sewer the trunk line is such that there would be no problem of servicing and Water this lot. Consideration should be given to installing sewer to ser- Requests vice as much of this area as possible, but it would cost approximately Green Lane $4,000 to bring sewer from the trunk line to Green Lane, then, once the main is in Green Lane a service would be left for Mrs. Gray's lot and the connection would then follow our normal procedure. The water line as shown on the sketch stops at the intersection of Crescent Road and Green Lane. Our recommendation would be to install a water line from this intersection to Watertown Street, this would then make a complete loop; costing approximately $6,500. To bring a section of main from the intersection to service Mrs. Gray's lot would cost approximately $2,000, then we would install a water ser- vice to the lot. Mrs. Gray does understand that if these utilities were installed "betterments" would be levied against the property. Since the closing date has passed for insertion in the 1973 budget we would recommend the Board of Selectmen include this water and sewer extension in the 1974 budget. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering to in- clude in the 1974 budget the request of Claire Gray for sewer and water service to lot 56-A, Green Lane. Chairman Kenney read a request from the Bedford Charter Service, Inc. for license to transport patients from the Veterans Administra- tion Hospital of Bedford to job training sites in Concord, Lincoln, Bedford Lexington and Burlington. The route is to discharge and later pick Charter up the patients, and no soliciting of business will be macie,by the Service applicant in Lexington. License Upon motion duly made and seconded, it was voted to issue a license authorizing the operation of motor vehicle for the carriage of passengers for hire over the following route 538 Route 128 from the town line of Burlington to the Marrett Road Exit. Marrett Road from Route 128 to the town line of Lincoln. Chairman Kenney read a request from the Knights of Columbus for K of C an extension of hours of operation under their club liquor license New Year's until 2 00 a.m. on New Year's Eve. Eve Upon motion duly made and seconded, it was voted to approve the request of the Knights of Columbus to extend the hours of operation on New Year' s Eve until 2 00 a.m. Chairman Kenney read a letter from the Sheraton Motor Inn noti- fying the Board that William E. Haas has taken over the duties of John Van Londen as General Manager of the Sheraton Lexington Motor Inn as of April 10, 1972. Liquor Chairman Kenney When there is a new manager, a new license is Sheraton issued and approval requested of the Alcoholic Beverages Control Lexington Commission. Inn - Upon motion duly made and seconded, it was voted to sign a new New Manager Inn-holder liquor license for the Sheraton Lexington Motor Inn signifying William E. Haas as the General Manager. Upon motion duly made and seconded, it was voted to request the approval of the Alcoholic Beverages Control Commission for the new General Manager of the Sheraton Lexington Motor Inn. Entertain- Chairman Kenney informed the Board that an inquiry was received ment Rules from the Sheraton Lexington Motor Inn regarding rules and regula- under Liquor tions for entertainment. License The Board agreed to request Town Counsel Cohen to report on what restrictions could be imposed by the Board. For the information of the Board, Chairman Kenney said that a 7th Copper check has been received from Attorney General Quinn for the seventh Piping payment on Copper Piping cases in the amount of $750.23. The check Check has been deposited with the Town Treasurer. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s meeting held on September 25, 1972. Chairman Kenney read a request from Special Counsel Legro to sign the order of taking of sewer easements from Maple Street to Order of Woburn Street as authorized under Article 21 of the 1972 Annual Town Taking Meeting. Maple and Upon motion duly made and seconded, it was voted to sign the Woburn Sts. order of taking of sewer easements from Maple Street to Woburn Street, as authorized under Article 21 of the 1972 Annual Town Meeting, with an award of no damages as voted on October 16, 1972 to the following Benjamin Franklin Homes, Inc. , Lester H Fogg, Edward H Stacey and Dora L. Stacey, George Hamparian. 539 Chairman Kenney informed the Board that he and Mr. McSweeney will Eldred St. meet with the State Department of Public Works, District No. 4, on Bedford October 25 to discuss the Eldred Street-Bedford Street stoplights. Signals The Board agreed to have an informal meeting in the Selectmen's Meeting Room on November 8 with the former Structure of Government Committee for the Selectmen-Town Manager Act. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect the Session public security, the financial interests of the Town or the reputa- tion of a person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 35 p.m. A true record, Attest ` � I Y ,�- Executive Clerk, Se lecttmer3F' 1. 1111