HomeMy WebLinkAbout1972-09-25-BOS-min 492 ,
SELECTMEN'S MEETING
September 25, 1972
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room on Monday evening, September 25, 1972, at 7 30 p.m.
chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riff in; Mr. Legre,
Town Counsel ; Mr. O'Connell , Town Manager; Mr Martin, Assistant Town
Engineer; Mr Coscia, DPW Manager; Mrs. McCurdy, Executive Clerk, were
present.
Chairman Kenney informed the Board that a tree hearing was held
School Street on School Street and the abutters have notified the Board of their
objection The Board will take this under advisement. The contract
has not been signed and no trees will be coming down this week. This
will be an agenda item for next week's meeting of the Board
Chairman Kenney opened an informal hearing on the petition of
the Mystic Valley Gas Company to install gas mains and regulator
pits in areas of Lexington. Legal hearings are not required but we
felt it would be in the interest of good public relations to notify
the abutters.
Mr Kirshner, representing the Mystic Valley Gas Company, was
present.
Chairman Kenney The first petition is a request to install a
4-inch high pressure welded steel gas main in Webb Street. The
Mystic proposed location has been approved by the Director of Public Works
Valley and will conform to his specifications.
Gas Co. Plans were explained showing an existing gas main to 17 Webb
Webb St. Street and it is proposed to take this down the other side of Webb
Street to service six new homes.
Mr. Brown Do these homeowners want gas, or do they get it
automatically?
Chairman Kenney This is a request of the builder, and he
wishes to have gas.
Mr James Hansen, 29 Webb Street Will the proposed gas line
pass in front of my house?
Chairman Kenney It is proposed to take it down to 21 Webb
Street and then cross the street.
Mr Hansen 1 question whether any resident has been asked
about the extension of the gas line.
Chairman Kenney The purpose of notifying you was so that we
could get your feelings.
Mr. Hansen I believe I speak for others and they consider it
a safety hazard and unnecessary. This developer has requested
special consideration in the past and as now asking for special con-
sideration
on-
sideration
Chairman Kenney :t know of no special consideration
Mr. Hansen He has been in violation of the building code; it
is on record.
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Chairman Kenney This is a hearing on the petition of the Gas Com-
pany; your remarks are to be made on this.
Mr Bailey What is the safety problem you are alluding to? It is
a 4-inch main.
Mr. Hansen Webb Street has been in existence for over 50 years
and we got along very well without gas and we didn't want gas - until
such time as the developer came in We have concern for leaking gas,
a ruptured pipe or an explosion
Chairman Kenney You say you don't want it on the street; it is
on the street now.
Mr Hansen That is true.
Chairman Kenney We do have a builder who is putting in six houses
and he wants gas.
Mr. Hansen He is not a resident.
Chairman Kenney Is there anyone else from Webb Street who has a
question?
Hearing none, Chairman Kenney declared the informal hearing closed.
After the other three hearings, the Board will make a decision
Chairman Kenney opened an informal hearing on the petition of the
Mystic Valley Gas Company to install an 8-inch pressure welded steel
gas main in Lowell Street
Chairman Kenney This extension is necessary to improve the
Lexington high pressure distribution system for the coming heating
period. The proposed location has been approved by the Director of
Public Works and the extension will conform to his specifications. The
proposal is to come down on the soft shoulder and end it at Thoreau Mystic
Road; it is just looping the system. There are several trees, none of Valley
which will be cut, but the line will go close to the trees. Mr. Coscia Gas Co.
recommends that permit conditions will include ( 1) working hours of Lowell
9 00 a.m. to 3 30 p.m. (2) any excavation near or around trees shall Street
be done by hand in order to eliminate any damage to tree roots The
tree warden must be notified before the excavation begins
Mr. Harry Farrington, 234 East Street I would like to see the
plan.
Mr. Coscia explained the plan and said that there was an alternate
plan but if there is no objection, we will continue according to the
plan submitted.
Mr. Farrington How deep is the line?
Mr. Coscia Approximately 30 inches.
Mr. Farrington Do you expect to do it without disturbing the
trees?
Mr. Coscia Yes.
Mr. Farrington Is this line serving any new area?
Mr. Kirshner No
Mr. Farrington When is the construction scheduled?
Mr. Kirshner The 8-inch pipe should be here within a week's time;
we should start immediately after that
Mr. Farrington Was there a problem that you could not supply
III sufficiently last year?
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Mr. Kirshner The pressure did drop down some; when we tie in to
Lowell Street, it will take care of the cutback in other situatiens.
Mr Alibrandi , 565 Lowell Street Is there any consideration to
tie this in with the sewer line?
Chairman Kenney They ace completely unrelated.
Mr Alibrandi I thought they could do it just once and tie it
together and save everybody a lot of problems for repairs.
Chairman Kenney We are not in a position to do this; the sewer
would go in the street, not in the soft shoulder
Mr. Kirshner There will be two crossings, one in Thoreau Toad
and one in East Street.
Mr Farrington What is the danger?
Mr. Kirshner We have steel mains and any time there has been an
accident, it was very seldom in the main itself
Mr Alibrandi Is it just to serve Lexington or an adjacent area?
Mr. Kirshner The main feed will be for Lexington; if there is a
change in the demand, some of the gas could go towards Arlington.
Chairman Kenney As i understand it, it is to increase it for
peak time.
Mr. Bailey As I understand it,_ it is from three directions -
from Lexington, Arlington and Burlington.
Mr. Kirshner Nothing involves you as far as Burlington with this
section, by putting this filler piece in, there would be no drop in
pressure; the feed would come up from Lowell Street, with no connection
from Burlington at the present time.
Dr. William Fraser, 533 Lowell Street, was recorded in opposition.
Mr. Brown If people are worried about the safety of the lines,
there must be more facts. I am uninformed about these facts and would
like to know them. We read in the newspapers about houses being anni-
hilated by gas leakage and I would like to know the facts.
Mr. Kirshner I can ask our General Superintendent to meet with
you.
Mr Alibrandi Would the Gas Company assume liability? What
about the homeowner?
Mr. Bailey He would sue; if a catastrophe occurred, that is a
matter for the court; I don't think the Gas Company assumes any
liability at all
Mr Alibrandi Would vibrations frau trucks ever cause a rupture,
and how would you fix the liability?
Mr. Bailey I think it is a matter of time to establish a
credible accident
Mr Alibrandi On Webb Street, the one that is petitioned, they
had a leak on Webb Street and fortunately it was a leak and not an
explosion. There Is a definite safety factor to be considered.
Chairman Kenney declared the hearing closed
Chairman Kenney opened an informal hearing on the petition of the
Mystic Valley Gas Company to install a Regulator Pit in Winthrop Road.
The proposed location has been approved by Mr. McSweeney.
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I III Mr Kirshner, representing the Mystic Valley Gas Company, explained
that "if you cut down to a 2-pound system from the Center, the Depart-
ment of Transportation decided it should be a double pit in case one
failed; it cuts the pressure down to the houses from 50 pounds to a
2-pound system."
Mr. Bailey You consider 50 pounds as high pressure? Mystic
Mr. Kirshner Yes; medium pressure is 25 pounds and low is 2 Valley
pounds. We will abandon the one in the Center. Gas Co
No one appearing in favor or in opposition, the Chairman declared Winthrop
the hearing closed. Road
Later on in the meeting, the Board voted to approve the location. Regulator
Upon motion duly made and seconded, it was voted to approve the Pit
petition of the Mystic Valley Gas Company to install a Regulator Pit
in Winthrop Road.
Chairman Kenney opened an informal hearing on the petition of
the Mystic Valley Gas Company to install a Regulator Pit and piping
in Eldred Street. The proposed location has been approved by Mr Mystic
McSweeney and will conform with his specifications. This is a single Valley
Regulator Pit Gas Co.
Mr Kirshner There is one in there now and we would put this Eldred St
one in adjoining it; they require two Regular Pits now. Regulator
Mrs Riff in What is the actual size? Pit
Mr Kirshner 4 ft. x 4 ft with an 8-inch wall
No one appearing in favor or in opposition, the Chairman declared
the hearing closed.
Later on in the meeting, the Board voted to approve the location.
Upon motion duly made and seconded, it was voted to approve the
petition of the Mystic Valley Gas Company to install a Regulator Pit
in Eldred Street.
The Board agreed to table the decision regarding the installation
of gas mains on Webb Street and Lowell Street pending a meeting with
the General Superintendent of the Mystic Valley Gas Company on next
Monday evening.
Hearing was declared open at 8 05 p m. upon petition of the New
England Telephone Company and the Boston Edison Company to relocate
a pole on Marrett Road. Notices of the hearing were mailed to the
petitioners and abutters as listed on the petitioners' plan, and NET&T Co. &
also filed with the Director of Public Works. Mr. Dunn, -representing Boston
the New England Telephone Company, and Mr. Pratt, representing the Edison
Boston Edison Company, were present Also, Mr. Mazolla of 526 Marrett Rd.
Marrett Road Pole re-
Mr Dunn This petition is at the request of Mr. Mazolla to location
move the pole for the construction of a new driveway. The pole will
be moved 29 feet to the lot line.
No one appearing in favor or in opposition, the Chairman de-
clared the hearing closed.
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Upon motion duly made and seconded, it was voted to grant permis-
sion to the New England Telephone Company and the Boston Edison
Company for the following relocation
Marrett Road Approximately 489 feet northwesterly from
Middle Street, one pole; also remove one pole.
Mr. Legro requested the Board to sign the option granted by
William Hill at the rear of 142 Marrett Road, which was authorized
Exercise of under Article 53 of the 1972 Annual Town Meeting; a parcel of 10.48
Option Hill acres according to the plan prepared by the owner. $30,000 is the
Land agreed price and the option must be exercised on or before October 3,
Marrett Rd. 1972
Upon motion duly made and seconded, it was voted to sign the
exercise of option of a parcel of land owned by William Hill at the
rear of 142 Marrett Road on or before October 3, 1972.
Mr Legro requested the Board to sign the order of taking of
Orders of drain easements on either side of Wood Street with an award of no
Taking Drain damages, as voted by the Board on August 21, 1972
Easements Massachusetts Institute of Technology, Hervey W. and
Wood St. Barbara H Heywood, Jenkins Realty Inc
Mr. O'Connell informed the Board that bids have been received
on the furnishing of salt to the Town from Eastern Mineral, Chemical
Corporation, and International Salt Co , all at $17 per ton This
Salt Bids is the second year in which we have received identical bids; all
bids have been rejected. We are now looking into the possibility
of procuring bids with Waltham and Brookline as we understand that
joint procurement bids taken by other towns have shown more attrac',
tive and competitive bidding One group of towns received bids of
approximately $14 per ton.
The Board agreed that Mr. O'Connell is to pursue the matter of
joint procurement of bids for salt.
MrO'Connell informed the Board that he had attended a meeting
of the Boston Transportation Planning Review last week regarding the
proposed extension of the Red Line from Alewife Station to Route 128
at Hartwell Avenue. The project is at the preliminary draft report
META status and covers the key points on the engineering feasibility of
Extension the route, not on the environmental feasibility After revisions,
the report will be ready in December for comment. The route that
this report evaluated starts at Alewife and this is the first planned
extension to Arlington Center to Arlington Heights, to East Lexington
and over the Bedford branch of the Boston & Maine, through Lexington
Center, underground from Woburn Street to Hancock Street with a
station located approximately at Depositors Trust, to beyond Hancock
Street then on an open cut at Bedford Street behind the Fire Station,
then on grade to Hartwell Avenue. It seems that this route would
appeal to Arlington and beyond Route 128; the appeal to Lexington
should be left to evaluation. There will obviously be keen interest
as to what the rapid transit line would do to help Arlington, etc ,
solve their problem
Chairman Kenney read a letter from the Minuteman Regional Voca-
tional Technical School District notifying the Town of the vote
passed by the Regional School District Committee at its meeting on
Friday, September 15, 1972, as follows
"VOTED that the sum of $12,900,000 is appropriated for Regional
the purpose of constructing and equipping a regional voca- Vocational
tional technical high school and, that this appropriation School Vote
shall be raised by the issue of bonds or notes of the District
under Section 16(d) of Chapter 71 of the General Laws, as
amended and supplemented, such appropriation and borrowing to
be in addition to the $900,000 borrowing previously authorized
by this Committee and in addition to any Federal aid received
for the aforesaid project."
Chairman Kenney The record shows the vote is received. The
Committee is borrowing the money and, as such, is encumbering the
Town of Lexington for its share of the debt.
Mr. Legro retired from the meeting
Chairman Kenney read a request from Richard W Souza of Concord
Avenue Realty Corporation for permission to proceed with the construc- Mr Souza
tion of sewer to service four lots on the corner of Spring Street and Sewer
Concord Avenue Connection
A report from the Director Of Public Works was read stating that
"we are in receipt of a plan and profile of this propsed sewer, stamped
preliminary, as prepared by Miller and Nylander. We conclude that the
design is acceptable and probably the most feasible approach to re-
solving the problem We recommend that, prior to any approval , a
sewer charge in lieu of betterment be paid and that upon completion of
the sewer construction an easement for same be deeded to the Town and
the sewer be accepted as part of the Town' s system."
Mr Martin, Assistant Town Engineer Three of these lots would be
bettered for $877. 15, the fourth lot for $632 10; the total amount to
be assessed as sewer charges in lieu of betterment is $3,263 55
Chairman Kenney Send us a report, in writing, with the betterment
assessments We can vote to proceed with the construction of the sewer,
subject to conditions
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Concord Avenue Realty Corporation to proceed with the
construction of the sewer, subject to the following conditions
I A sewer charge in lieu of betterment to be paid to the Town
of Lexington.
498
2 Upon completion of the sewer construction, an easement for
same be deeded to the Town and the sewer be accepted as
part of the Town' s sewer system
3 The sewer charge should be paid and the easement signed
prior to the beginning of any construction
Mrs Riffin abstained from voting.
Chairman Kenney read a report from the Traffic Committee regard-
ing a letter received from Mrs Richard Magnuson, II Hancock Street,
Traffic concerning traffic safety conditions on Hancock Street.
Hancock St. The report states that Mrs. Magnuson recommends that "stop signs
be posted wherever residential feeder streets meet the collector street;
Hancock Avenue and Edgewood Road, at Brigham Road, Hayes Avenue, Adams
Street, and at Coolidge Road and North Hancock Street."
The arrangement proposed by Mrs. Magnuson is in direct contradic-
tion with the Massachusetts Department of Public Works, and their
bulletin states that stop signs are not intended, nor should be em-
ployed as a means of speed control . Mrs. Magnuson' s major reason for
requesting these signs is "speed is controlled as drivers do not have
the same opportunity to gain momentum as they do on a long unencum-
bered straightaway " It might be worthwhile at this point to explain
that approval of stop sign locations is governed by stringent regula-
tions; as stringent, if not more so, than regulations governing traffic
signal installations. Unless the regulations are adhered to, to the
letter, stop signs would be posted indiscriminately and would be
meaningless and ineffective, other than to cause confusion and, most
probably, more accidents. Hancock Street is now posted for 30 MPH
speed limit but it is expected that if State approval were to be
requested for a speed change, a higher speed limit, probably 35 MPH,
would result
The Traffic Committee was informed by Chief Corr that Hancock
Street is currently under strict radar surveillance. In view of the
foregoing facts, the Traffic Committee recommends no action on Mrs.
Magnuson's requests
Chairman Kenney said that Mrs. Magnuson's letter mentions that
"the lack of adequate catch basins on both sides of Hancock Street
near Goodwin Road is inexcusable Supposedly, funds were appropri-
ated six months ago for such catch basins."
Mr. Coscia The job is underway; we are waiting for a drain
easement through Mr. Small 's property.
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Traffic Committee that no action be taken at
this time, and to so inform Mrs. Magnuson and, also, to assure her
that the Police Department will continue to maintain radar surveil-
lance, and that drainage improvements should be completed within
the next few weeks.
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Chairman Kenney read an invitation from the National Park Service
to attend a preplanning public meeting for the Master Plan Revision Minute Man
Stud for Minute Man National Historical Park which will be held at
Y National
the Concord Regional High School on September 26 at 8 00 p.m. Park
Mr. O'Connell is to check with the Planning Board for represent-
ation at the meeting.
Chairman Kenney read a letter from the State Community Antenna
Television Commission requesting that all cities and towns refrain
from issuing new cable licenses for the period from September 20,
1972 through March 20, 1973, inclusive. The letter states "...during
this period, we encourage all issuing authorities to engage in those
activities that will lead to maximum public participation and under-
standing of the licensing process and that will assist this Commission CATV
in promulgating its initial forms and regulations. These activities
include establishing local cable committees, developing criteria to
guide applicants in their bids for licenses and holding meetings,
excluding formal license hearings We have determined that grave
inequities and disservice to the public may result if licenses are
issued during the subject period. The experience of the federal gov-
ernment and that of other states has shown us two pitfalls to avoid
patchwork regulation that fails to serve the broad public interest or
ill-informed zeal for strict application of the Commission' s strong
statutory authority Either of these courses, by inviting litigation,
can delay the growth of the cable industry by years. Our aim is to act
with understanding of the viewpoints of the various interests involved."
Chairman Kenney The status of CATV in Lexington is that we have
an individual coming back with a recommendation to set up an Advisory
Group At this time, we will inform the State CATV Commission that we
will accede to the request for a moratorium, and send a copy of the
correspondence to Mr. William Page for his information in setting up
the Advisory Group
Upon motion duly made and seconded, it was voted to accept the
recommendation of the State Community Antenna Television Commission
to declare a moratorium on issuing new cable licenses (franchises)
for the period from September 20, 1972 through March 20, 1973 inclu-
sive.
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
1 of Incor-
poration
Joseph H. Roberts 2 Liberty Street
William A. Ridgely 62 Spring Street
"Vulcan Society Of Massachusetts, Inc."
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen' s Meeting of August 21 , 1972.
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Chairman Kenney read a letter from the Town Meeting Members Asso-
ciation listing nominees for appointment to the Lexington Commission
LCSR on Suburban Responsibility. Two representatives are to be appointed,
TMMA one from TMMA Executive Board and one from TMMA.
Upon motion duly made and seconded, it was voted to appoint Mrs.
Judith Totman as representative of the TMMA Executive Board and Mr.
James M McLaughlin as representative of TMMA on the Lexington Commis-
sion on Suburban Responsibility, for terms expiring June 30, 1973.
Chairman Kenney informed the Board that a transfer is needed frau
the Reserve Fund to Account 1775-Law Fees, in the amount of $9,000,
Transfer for the transitional period of approximately two months when we have
Law Fees the new Town Counsel and the Special Counsel
Upon motion duly made and seconded, it was voted to approve the
recommendation to the Appropriation Committee for a transfer from the
Reserve Fund to Account 1775-Law Fees, in the amount of $9,000.
Chairman Kenney a read report from the Assistant Town Engineer
P 9
regarding a request of the Board to check drain covers on Waltham
Street and Bloomfield Street and, if possible, turn them so that they
are perpendicular rather than parallel to curbings
Chairman Kenney As you know, the Minute-man carried a picture
of a drain cover installed parallel to the curb with the caption that
the spaces are wide enough for a bike tire to get caught in it. We
Catch Basin asked for a report and it states that grates with parallel bars have
Grates a substantially greater inlet capacity than grates with transverse
bars. This fact is authenticated in Design Engineers General Memo
#7, Issued by the State DPW in 1967. Laboratory and field tests have
conclusively demonstrated that inlet grates composed of parallel bars
are better able to handle trash and have a greater capacity for the
same size inlet than grates with transverse bars, therefore, parallel
bar-type of grate should be used. As a result of these tests, catch
basin grates are now designed so that the possibility of transverse
placement is impossible as the corner of the frame has a mitered
section added so that the grate can be placed in only one direction.
Chairman Kenney to Mr Coscia In the way of policy, if we are
installing a new drain and if you can install a waffle type, install
them.
Mr. O'Connell The problem is not limited to Lexington; the
State is looking into this. I would comment that it is only a
hazard to foreign made bikes, not American.
Mr. Coscia I don't think there has been an accident in Lexing-
ton because of these drains
Chairman Kenney informed the Board that Chief Corr has received
Police a letter from the FBI National Academy stating that Captain James J.
Dept Lima, Jr., has graduated from the Academy after successfully com-
pleting his 12 weeks course.
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Mr. Buse reported that he had attended the graduation exercises on
September 15 at the new Academy at Quantico, Virginia and Captain Lima
had finished in the top 5% of his class.
The Board agreed to write a letter of congratulations to Captain
Lima.
Chairman Kenney read a request from Mrs. Judith G Shiner for per-
mission to erect several signs indicating that an antique show will be
held for Temple Isaiah at the Bowman School on October 15 from Noon to Permission
6 00 p.m for Signs
The Board agreed to inform Mrs Shiner that it has no objection
to placing the Antique Show signs in the area of Bowman School , with
the understanding that they be put up and removed the same day, also
that extreme caution be taken that the signs are not nailed to trees
in the area.
Upon motion duly made and seconded, it was voted to go into Exe-
cutive Session for the purpose of discussing, deliberating or voting Executive
on matters which, if made public, might adversely affect the public Session
security, the 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.
Upon motion duly made and seconded, it was voted to adjourn at
10 40 p.m.
A true record, Attest
Executive Clerk,
Selectmen ,
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