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HomeMy WebLinkAbout1972-10-10-BOS-min 51 I. SELECTMEN'S MEETING October 10, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday evening, October 10, 1972, at 7.30 p.m. Chairman Kenney, Messrs. Bailey 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. At 7 30 p.m. , hearing was opened upon' petition of the New England Telephone Company to lay and maintain conduit on Waltham Street and Brookside Avenue. Notices of the hearing were sent to the petitioner and abutters as shown on the plan, and also filed with the Director of Public Works. /4r. Mirley, outside Plant Manager of the Telephone Company, was present and said that this petition is to bring cable from the under- ground system to the Clarke Junior School to supply service into the building . Chairman Kenney Are you going in the macadam or in the soft Conduit shoulder? Waltham St. Mr. Mirley We will be on the grass, except where we have to Brookside cross Waltham Street Avenue Chairman Kenney read a report from Mr Coscia, DPW Manager- Planning and Administration, stating that this department has reviewed the location and recommends that the Telephone Company be granted per- mission to install said conduit. No one appearing in favor or in opposition, Chairman Kenney de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following location Waltham Street From manhole 54/64 near Brookside Avenue, southerly, approximately II feet of under- ground conduit. Brookside Ave From Waltham Street easterly approximately 213 feet of underground conduit to pole 11/2. The Board discussed the suspension of the permit of the Bamboo Hut, 177 Massachusetts Avenue. Bamboo Mr O'Connell The Board of Health suspended the Food Service Hut Establishment Permit following an infestation of cockroaches and com- plaints of another tenant in the building. There is a long history of complaints and actions against this restaurant for various failures to 51 2 meet standards. The last time the Board of Health granted a permit was with the requirement that a licensed exterminator be hired to keep it under control ; obviously, the owners neglected to do this. They have been advised that the Board of Health will review the matter at the next meeting and it might hold a public hearing dependent on what action has been taken by the owners. This afternoon, Mr. Yee, one of the owners, appeared at the Board of Health with King Chin as the new owner of the restaurant, and his inquiry was relevant to getting the permit reinstated since they had cleared up the problem and there would be no problem with the new owner. They were advised that the change in ownership would have nothing to do with the sanitary ques- tion. It is my suggestion that no action be taken by the Board until you learn what the Board of Health' s decision will be Chairman Kenney In the meantime, if they come in for a new license, we will have to refer it back to the Board of Health. Mr. Brown When we signed this license, did we have a report from the Board of Health regarding the problem? Chairman Kenney Yes. Mr Brown Essentially, it was cleared up when we signed it? Mr. O'Connell Yes, they have slipped back. One of the things they didn't do was make use of a licensed exterminator. Chairman Kenney We referred it to the Board of Health for an opinion and they said the violations had been checked and recommended approval of the license with specific stipulations. We granted the license until June I and we reviewed it again; they had complied with all the conditions and we renewed it for the rest of the year. The Board agreed to wait for a decision by the Board of Health. Mr O'Connell informed the Board that a request has been re- Anheuser- ceived from MPO Television Films of New York to shoot scenes around Busch the Minute Man Monument and the Battle Green for a television com- TV Film mercial for the Anheuser-Busch Brewing Company of St. Louis on October II , 1972 in the late morning or early afternoon. The Clydesdale horses would be used and the footage would show the Minute Man and the Battle Green in the background Upon motion duly made and seconded, it was voted that the Board had no objection to the filming by MPO Television Films of the Minute Man and the Battle Green, with the understanding that it be done under the direction of the Town Manager Mr O'Connell recommended that the Board sign the contract with Barnes Engineering Company, Inc. for survey services for Conservation easements on Maple Street to the Arlington Reservoir and Concord Barnes Avenue to the Waltham line in the amount of $1 ,380; approved as to Survey form by Town Counsel . Upon motion duly made and seconded, it was voted to sign the contract with the Barnes Engineering Company, Inc for survey ser- vices for conservation easements in the amount of $1,380. I 513 Chairman Kenney read an opinion from Mr. Cohen, Town Counsel, re- garding hedges at the intersection of Hamilton Road and Liberty Avenue, Safety because of a recent accident at that location. The hedges are four to Hazard five feet in height and are located within the boundaries of the Hamilton public way and the accident at the intersection was caused at least in Rd. part by the obstruction to the view presented by the hedges. Under Liberty the statute, only the Tree Warden may actually trim or remove the Ave. hedge. However, he may be ordered to do so by the Board of Selectmen Hedges if, in its judgment, the hedge has become a safety hazard to persons using the public way. Chairman Kenney We have a safety hazard and it is evidently in a public way. We have the authority to request that they be re- moved. The next step would be for the Director of Public Works to contact the owner or owners and discuss this matter with them. If there is any possibility of removing them, Mr. McSweeney will come back with his recommendation. Mr. McSweeney agreed to request Mr. Mazerall , Tree Warden, to check into the situation. Chairman Kenney read a letter from Mr. Roland Greeley, Chairman of the Street Advisory Committee, raising a question as to whether local representatives of areas under consideration by the Committee are to be considered as Ad Hoc members of the Committee. Mr. Greeley felt that he would personally view such a practice as tending to Street threaten what is expected to be a thoroughly objective role for the Advisory Committee Corms i ttee After discussion, the Board agreed to inform Mr. Greeley that, as a general policy, local representatives would not be appointed as Ad Hoc members of the Street Advisory Committee on any particular issue. However, the Board feels that neighborhood representatives can be valuable as contact points and as sources of local input, opinions and suggestions concerning any construction proposals in their area and, therefore, the Board would expect that the Committee consult with these representatives as progress is made on a particu- lar project. Chairman Kenney read a recommendation from Kingston Howard to appoint Alan B Adams a member of the Lekington Bicentennial Com- Lexington mittee to fill the unexpired term of Doris Pullen Bicenten- 1 Upon motion duly made and seconded, it was voted to appoint nial Alan B. Adams a member of the Lexington Bicentennial Committee as Committee Public Relations and Publicity Director. Chairman Kenney read a request from Claire Gray for water and Sewer i sewer connections to Lot 56-A Green Lane, situated between Crescent Water Road and Watertown Street. Connections Upon motion duly made and seconded, it was voted to refer the Green Lane above request to the Director of Public Works/Engineering for a recom endat i on. MI 4 Chairman Kenney informed the Board that nominees have been sub- LCSR mitted by Mr Johnson, Principal of the High School , for the Appointment appointment of two students to the Lexington Commission on Suburban of High Responsibility. School Upon motion duly made and seconded, it was voted to appoint Students Karen Saakvitne, 335 Marrett Road, and Joseph Russo, 580 Lowell Street, as members of the Lexington Commission on Suburban Responsi- bility, representing the High School Students. Chairman Kenney read a request from Mrs. Charlotte Sanderson, Sanderson 5 Meadow Brook Avenue, for sewer and water betterment deferment on Sewer i her land on Meadow Brook Avenue and Blossomcrest Road. Water De- A report from the Director of Public Works/Engineering was read ferment stating that the lots are 291-296 Blossomcrest Road and 215 on Meadow Brook Avenue The Board of Selectmen signed the Blossomcrest Road sewer assessments on July 13, 1970 and the water assessments on December 18, 1967; the sewer assessment on Meadow Brook Avenue was signed on August 24, 1970. Although the lots do not conform to the present zoning laws, it is our belief and that of Thomas W Kelley, Assistant Building Inspector, that these lots could be built on as separate building lots if the owner so desired. Water and sewer is available to all lots. While the ground elevation on lots 291-296 is somewhat below the grade of Blossomcrest Road, enough fill could be brought in to insure that there would be no problem with a water and sewer connection being available to each lot. Upon motion duly made and seconded, it was voted to defer pay- ment of water and sewer betterment assessments for the following lots owned by Frank J. and Charlotte Sanderson of 5 Meadow Brook Avenue, 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 Blossomcrest Road Sewer Water Lot 291 $169. 10 $ Lot 292 338.20 66.00 Lot 293 330.20 66.00 Lot 294 338.20 66.00 Lot 295 338.20 66.00 Lot 296 375.82 156.80 Meadow Brook Avenue Lot 215 $328.70 Sewer Mrs Audrey Block, 37 Wyman Road, and residents of Wyman Road met Wyman Rd. with the Board to discuss their request for sewer service. I 5i5 I Chairman Kenney Wyman Road residents wrote a letter to the Board on June 26, 1972 requesting a "hook-up to town sewerage. We are the only street in the area without such town betterments and we have serious drainage problems. The area petitioned for sewerage as early as 1964; we have been through the formality of request, appearance before the town meeting, and subsequent rejection of our petition... We strongly request that you investigate post haste and advise the immediate steps to be taken to expedite a sewerage system on Wyman Road." Chairman Kenney: We referred the matter to the Board of Health and the Director of Public Works/Engineering. Mr. Heustis, Director of Public Health replied that the septic tanks and leaching fields have been in service for 12-18 years There have been very few re- quests for replacement, of existing systems or reports of problems in this area. The few that we have indicate that these could be a sea- sonal problem with high ground water that has not been reported. It is recommended that houses on this street be connected to the Town sewer service as sewage disposal problems can be anticipated when the systems have been in service 12-15 years. Mr McSweeney, Director of Public Works/Engineering, reports that the trunk line is available for Wyman Road to tie into. We wpbld have to extend a line from an existing sewer manhole on the trunk line through a portion of the Baskin playground to Wyman Road and then put the main line in the street. If the Board feels that it would accept the letter of Mrs. Audrey Block as a formal petition, as it is signed by a number of residents of Wyman Road, then we will put this request in our 1973 sewer budget. The estimated cost of a trunk line is $35,000; lateral , $85,000; total estimated cost of $120,000. Chairman Kenney to residents of Wyman Road You did petition in 1964 but after that, up until this year, there was no petition made; it has to be done annually. Mrs. Block After the last petition, Mr Garland, 33 Wyman Road, received a letter that when trunk lines were fixed, they would notify us. This time, over 60% filled out the formal petition. Mr Carl E. Larsen, 29 Wyman Road I remember at the time of the first petition there was some discussion by the people on the lower side of the streetthat the pipes would not be deep enough in the ground for them to benefit; this isP redominantly why they are not signing the petition Mr. Bailey asked Mr McSweeney to comment Mr. McSweeney I would have to go out and look at it. Mrs. Larsen One has a kitchen on a very low level and I doubt you would get their signature on anything. Mr McSweeney I can assure you if that sewer is put in the street they will have to pay for it, as long as they can be fed by gravity If we have a series of houses on the lower side, we build two sewers, one in the easement behind the property and one in the street. Mrs. Block Now we are basing our feelings on the letter that was received that the Town would let us know. We didn't know we had to come back every year; we have been waiting 8 years and lots of rain this year accelerated our problem 516 Chairman Kenney: We think your desire and interest is evident by the number of people ( listed below) who showed up and we will give it every consideration for the 1973 budget Mrs. Audrey Block 37 Wyman Road Nachman S Cohen 31 Wyman Rd. Kenneth J. Garland 33 Wyman Road Robert H Sullivan 25 Wyman Rd. William P. Smith 21 Wyman Road Mr. L Mrs. Robert F. Stierli II Wyman Rd. Carl L Jane Larsen 29 Wyman Road Mr. L Mrs Walter A. Dodge 23 Wyman Rd. Richard E Bayles 19 Wyman Road Mr. L Mrs John Moroney 34 Wyman Rd The Wyman Road residents retired from the meeting. Chairman Kenney read a report from the Director of Public Works/ Engineering regarding a request from George W. Forten, 388 Concord Avenue, for a I-inch water line installation along the north side of Lawn Avenue from Webster Road to lots 240 and 241 Lawn Avenue. The Forten Water report states that we have evaluated Mr Forten's request for a one Line on Lawn inch house service on Lawn Avenue and recommend at this time that 6" Avenue main be installed rather than a long service. One hydrant would also be installed at the end of the street for fire protection. We esti- mate the cost of this work at $4,000. Betterments totalling approxi- mately $700 would be assessed for this improvement. The authority for this work would be covered under Article 18 of 1970 for water- main construction. Should you find this proposal acceptable, work could be completed by Town forces this fall . Upon motion $July made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering and to inform Mr. Forten as follows (a) a 6-inch water main is to be installed. (b) A hydrant is to be installed at the end of Lawn Avenue for fire protection. Chairman Kenney read a report from the Director of Public Works/ Engineering stating that as a follow-up of a previous request to extend the sewer in Adams Street, we would propose extending the water main in Adams Street. Presently, there is a 6' water main in Myrna Road that stops at Adams Street; we would like to see thee Water Main whole system looped, that means bringing the water main from North Extension Street and Adams Street to the dead end at Myrna Road and Adams Adams Street Street. This extension of about 300 feet would cost approximately $3,000. The authority for this work would be contained under Article 18 of 1970 Water Main Construction. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works to extend the water main in Adams Street approximately 300 feet at an estimated cost of $3,000. Chairman Kenney read a request from Warren E. Haycock, 87 Grant Street, for an adjustment in his sidewalk betterment assessment of $82.50 as the adjacent houses have identical lots and had the same dimension driveways; their bills for sidewalks were lower. Haycock This request was referred to the Director of Public Works/Engi- Grant St. neering and he recommends that the Board sign a sidewalk betterment Sidewalk assessment abatement to Mr Haycock in the amount of $15. Abatement Upon motion duly made and seconded, it was voted to sign the abatement of the sidewalk betterment assessment of Warren E. Haycock, 87 Grant Street, in the amount of $15 Chairman Kenney read a letter from Mrs Seasholes, 6 Barberry Road, stating that she disagrees with the previous denial by the Board for parking spaces for the Children' s Center on Massachusetts Avenue, and would like a three or four space loading zone in front of the First Baptist Church. If this is not possible, to make the park- ing spaces on the south side of Massachusetts Avenue limited to one hour. A report from Mr. McSweeney, Chairman of the Traffic Committee, was read stating that the Committee voted that no action be taken on Parking Mrs. Seasholes' letter. At this time, we see no reason to change our Childrens recommendation of May 2, 1972 regarding Rev. Peterson' s similar request Center for the same location. Mass. Ave After discussion, the Board agreed to accept the recommendation of the Director of Public Works/Engineering and to inform Mrs. Seasholes that the Board' s concern about not establishing a precedent applies not only to other pre-school establishments but also to many other enterprises of a non-profit or commercial nature. Similar requests have been denied pending an improvement in the parking situation within the Center. Chairman Kenney read an invitation from the Subregion Intertown Liaison Committee to join the organization. SILC The Board agreed to invite the Planning Board to next week' s meeting to discuss the possibility of joining SILC Chairman Kenney read a letter from Mr. Michelson, President of the Chamber of Commerce, requesting that the Board consider giving some financial assistance for the Christmas lighting display in the Center. Mr. O'Connell They came last year for money and some assistance and the Public Works Department helped out by doing some work that Christmas cost the Town money in the budget. Lights Chairman Kenney We relocated a power source Chamber of Mr. O'Connell There is a question here for Town Counsel astoCommerce whether the expenditure falls within the area in which the Town is authorized to spend funds. The question is "Can the Town provide money to the Chamber of Commerce, which is a private organization?" The Board agreed that Chairman Kenney is to talk with Mr. Michelman. 51 , Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meetings of August 21 , 1972 (Executive and September II , 1972 (Open and Executive). The Board discussed a memo from Mr. O'Connell regarding Trust Funds, recommending that the Board consider the following actions. I . Assign a town agency or group, the specific (informal) re- sponsibility for recommending to the Board needs for which funds could be used. in effect it would be a budget type responsibility. 2. Assign an annual disbursement goal in each category so that progress can be measured, 3. Preliminary to discussion with the trustees, ask the Town Counsel to examine the feasibility of and procedure for petitioning the court to allow broadening of the allowable purpose for which income funds could be used, particularly in the welfare and cemetery Trust and parks groups. It is quite unlikely that the income funds can be Funds used for any real need within the narrow scope of the will in a number of cases. For example, the Munroe Cemetery maintenance fund with an income balance of $22,506 could not be effectively used at Munroe. If court approval could be obtained to use funds not needed for Munroe, for any public cemetery, and in turn if cemetery trust funds are not all needed, to be used for public parks, we could do the best job of using available funds where needed and reduce the maintenance cost paid by the taxpayer. 4. Present policy prohibits any external charging of DPW labor. I suggest this be revised to allow DPW to charge maintenance labor expense against appropriate trusts. After discussion, the Board agreed to request Town Counsel Cohen to examine the feasibility of broadening the allowable purposes for which some of the trust funds can be used. Upon motion duly made and seconded, it was voted that the policy be changed regarding the charging of DPW labor as a cost expense to be paid out of whichever trust fund is applicable. The Board agreed that Mr O'Connell is to submit recommendations regarding the assignment of a specific Town agency as being respon- sible for recommendations for the use of trust fund monies. Chairman Kenney read a memo from Mr O'Connell regarding a letter to Secretary Altshuler from Arlington, Cambridge and Somerville as the first step in their effort to get some independent study effort on the plans for extension of rapid transit into the Northwest. Obviously, MBTA they are dissatisfied with the work of the Boston Transportation Extension Planning Review. Because the plans now include the possible extension of the Red Line to Route 128, Lexington's interest becomes more impor- tant and a separate letter could be sent to Secretary Altshuler endorsing ,51 9 their request. What they actually have in mind is a study conducted to answer the questions most important to the communities involved, under their direction but paid for by the State. Part of the work would be an evaluation of the BTPR findings and a study of impact of rapid transit on the towns it would pass through. The Board agreed to send a letter to Secretary Altshuler inform- ing him that Lexington is very interested in joining the other three communities in forming this study for the final product to be ap- proved and financed. Also, to be included in any discussions or meetings which he may set up with the other communities. Chairman Kenney informed the Board that Mr. Legro, Special Town Counsel , requests that the Board sign the consent of subcontracting Subcontract by J.M. Lucente Co. to P. Gioioso & Sons, Inc. 70-7-E Upon motion duly made and seconded, it was voted to sign the Lucente to form assenting to the subcontracting by J.M Lucente Co. to P. Gioioso Gioioso 1 Sons, Inc. of a portion of Contract 70-7-E for sewer installation in Oakmount Circle, with the express proviso that the obligations of J.M. Lucente Co. and its surety shall remain in full force and effect. The Town will continue to make its payments directly to J M. Lucente Co. who will be directly responsible to the Town for the timely and proper performance of the work. Chairman Kenney read a request from Special Town Counsel Legro to sign the order of taking of a sight easement on the property owned by Leonard Dr. Leonard Sight Upon motion duly made and seconded, it was voted to sign the order Easement of taking of a sight easement on the property owned by Dr Lester I . Leonard, Marrett Road, as authorized under Article 49 of the 1971 Annual Town Meeting. Chairman Kenney read a request from Mr. Joseph Augustine, 26 Melrose for a sewer connection. Augustine Upon motion duly made and seconded, it was voted to refer Mr. Sewer Augustine's request to the Director of Public Works/Engineering for a recommendation. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person. After discussion of matters of financial interest to the Towh, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10.36 p.m. A true record, Attest ( 727 )14--6� 14" „ I- Executive Clerk, Selectmen