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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. 493 s 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? -19-1 / 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. [ F, 4 � 5 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. 496 a 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. 4199 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. 5'l U 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. I 5O ` 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 , I