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HomeMy WebLinkAbout1972-06-12-BOS-min SELECTMEN'S MEETING June 12, 1972 A regular meeting of the Board of Selectmen was held In the Select- men' s Meeting Room on Monday evening, June 12, 1972 at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riffin; Mr. O'Connell , Town Manager; Mr. Legro, Town Counsel; Mr. McSweeney, Director of Public Works and Mrs. McCurdy, Executive Clerk, were present. Reverend Handley met with the Board to request the appointment of Guides for the Town of Lexington for the coming season. Guides Upon motion duly made and seconded, it was voted to appoint the following Guides: Richard Abraham 19 Douglas Road Harvey Bass 30 Eastern Avenue Leslie Field I Patriots Road Henry Friedman 17 Oxbow Road Jeanne Ganshirt 48 Fletcher Avenue Brad Golden II Dane Road Bruce Labitt 30 Taylor Road Betsy Lehr 5 Chi Ids Road Susan Levine 361 Emerson Road Christine McCormack 32 Hayes Lane Jeff Moskow 31 Slocum Road Paul O'Shaughnessy 61 Ivan Street Richard Seaman 17 Hancock Street Steven Warshawer II Tower Road Doug Wissoker 7 Carley Road David Kornetsky 7 Rumford Road Re-appointed Mark Nichipor 9 Fairland Street Re-appointed Christopher Purdy 268 Lowell Street Re-appointed David Titus 80 East Street Re-appointed Kenneth Wissoker 7 Carley Road Re-appointed Hearing was declared open at 7:45 p.m. upon petition of Raytheon Raytheon Company for a license for below ground storage of a 5,000 gallon Gasoline gasoline tank on the premises at 141 Spring Street, Lexington. Tank A notice of the hearing was inserted in the June I , 1972 issue of the Lexington Minute-man and was sent by certified mail to the abutters as listed on the records of the Assessors. Application was approved by Fire Ohief Spellman. Messrs. George E. Luedke, Director. of Safety for Raytheon, and Bob Johnson of Raytheon were present at the hearing. ,_, Mr. Luedke explained that the new 5,000 gallon tank is to replace the old 2,000 gallon tank, and will be in the same location. Their fleet of cars is getting larger and the tank would not have to be filled as often. No one appeared in favor of the application. Mr. Edward Neidorf, 34 Shade Street, was present and requested more information on the reason for the new tank. Over the past years, we have been having various things like a variance and the water. Will Raytheon increase? When Raytheon moved in, they must have had some idea of the restrictions. Could this have an effect on insurance rates? If so, could we get something that sbows someone takes the responsibility? Mr. Luedke: I can't speak for Raytheon as to plans for building in the future but as far as a change in tanks, this would not affect anyone on insurance. It won't affect our own or anyone else' s insur- ance. I will show the plan of the location and explain it to Mr. Neidorf. Chairman Kenney to Mr. Neldorf: Do you have any objection? Mr. Neidorf No. No one else appeared in opposition and Chairmen Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Raytheon Company for permission to remove the 2,000 gallon underground gasoline tank and to install a 5,000 gallon underground gasoline tank on the premises at 141 Spring Street, Lexington; to issue a new license to keep and store 5,000 gallons of gasoline in one under+ ground storage tank to be used to service Raytheon Company vehicles. Hearing was declared open at 7 50 p.m. upon petition of the Mobil Oil Company for a license for below ground and above ground storage on the premises at 653 Lowell Street, Lexington. A notice of the hearing was inserted in the June I , 1972 issue of the Lexington Minute-man and sent by certified mail to the abutters as listed on the records of the Assessors. Application was approved by Chief Spellman of the Fire Department. Gasoline Attorney William J. Dailey, Jr., representing Mobil Oil Company, Station was present and explained that the application it for a new gasoline 653 Lowel service station which is to be built at North Street and Lowell Street. Street A permit has been granted by the Board of Appedls. The only remaining necessity after this will be a request for a sign. Chief Spellman has no objection to the location of the three tanks, 10,000, 8,000, and 5,000 gallons each. Some new stations have been requesting 26,000 gallon tanks but Mobil Oil felt that 23,000 gallons would be suffi- cient. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Mobil Oil Company to install three underground gasoline storage tanks, 10,000, 8,000, and 5,000 gallons each, on the premises I 39S at 653 Lowell Street, Lexington, and to issue a new license as follows To grant permission to keep, store and sell 23,000 gallons of gasoline; 500 gallons of waste oil, 500 gallons of fuel oil to be used to heat the building, all in underground tanks; 600 gallons of motor oil , 300 gallons of anti-freeze; 80 gallons of hydromatic fluid, 60 gallons Of brake fluid, all in approved containers above ground. Hearing was declared open at 7 55 p.m. upon petition of the New England Telephone Company to lay and maintain underground conduits on Waltham Street, Lexington. N.E. T. & T Notices of the hearing were mailed to the petitioner and owners Conduit of the property as listed on the petitioner's plan, and also filed Waltham and with the Director of Public Works. Forests Sts. Mr. Dunn, representing the New England Telephone Company, was present and explained that the petition is for a connection from the manhole at the corner of Waltham Street and Forest Street, and will be run into the housing for the elderly. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed. Upon motion duly made and seconded, it was voted to approve the following location, as petitioned by the New England Telephone Company Waltham Street Approximately 198 ft. of underground conduit; southerly from manhole 54/72, junction Of Forest Street. Hearing was declared open at 7 57 p.m. upon petition of the New England Telephone Company and the Boston Edison Company for a relocation of a pole on Waltham Street. Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan, and also filed with the Director of Public Works. Mr. Dunn, representing the New England Telephone Company, and Mr. Pratt, representing the Boston Edison Company, were present. N.E. T. & T Mr. Dunn explained that this petition is to get the pole out of Boston Edison the proposed driveway for the housing for the elderly. Waltham and Mr. O'Connell Will the service for the new housing go in over- Forest head or underground? Streets Mr. Pratt: I can't answer that. Mr. O'Connell I would comment that based on our experience at Greeley Village, I would recommend that if Boston Edison can do it, it should go underground. Mr Pratt I will check it out and call you. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed. Upon motion duly made and seconded, it was voted to approve the following location, as petitioned by the New England Telephone Company and the Boston Edison Company 399 Waltham Street: Southeasterly side, approximately 168 ft. southwesterly, from Forest Street, one pole, also remove one pole. Hearing was declared open at 7 58 p.m. upon petition of the New England Telephone Company and the Boston Edison Company for reloca- tion of a pole on Massachusetts Avenue. N.E. T. & T Notices of the hearing were mailed to the petitioners and Pole owners of the property as listed on the petitioners' plan, and also Boston Edison filed with the Director of Public Works. Mass. Ave. & Mr. Dunn explained that we are relocating the present pole back Worthen Rd. about 18 inches. No one appearing in favor or in opposition, the Chairman de- clared the hearing closed. Upon motion duly made and seconded, it was voted to approve the following location, as petitioned by the New England Telephone Com- pany and the ,Boston Edison Company Massachusetts Avenue: Southerly side, approximately 50 ft. west of Worthen Road, one pole. (One existing JO pole to be removed.) Hearing was declared open at 7 59 p.m. upon petition of the Bbetbn Edison Company for the location of poles on North Street. Notices of the hearing were mailed to the petitioners and owners of the property as listed on the petitioners' plan, and also filed Boston Edison with the Director of Public Works. Location of Mr. Pratt explained that the petition is for the purpose of can- Poles plating power service on North Street and to close the circuit on the North St. additional line. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly mode and seconded, it was voted to approve the following location, as petitioned by the Boston Edison Company: North Street: Southwesterly side, northwesterly from a point approximately 363 feet northwest of Lowell Street, four (4) poles. North Street: Northeasterly side, approximately 350 feet north- west of Lowell Street, - one ( I) pole. Mr. O'Connell recommended that a request for a transfer be ap- proved for the Town Clerk's Election Account No. 1950 in the amount Transfer of $3,680; this is approximately the amount which was spent for the Acct. 1950 Presidential Primary on April 26, and this will exceed the planned budget schedule and we would be over-expended by the September election. In connection with the primary, the additional cost of the special polling booths is borne in the Selectmen's Account No. 1900; I 400 I would suggest that we examine that account as we have the same poten- tial problem. Account No. 1950 has the cost of election workers and because of the paper ballots, counting could not start until well after the polls closed. We had well over 24 hours of coverage require- ments for special ballots and election workers. Ordinarily, we are finished by 9 30 or 10'00 p.m. Chairman Kenney With this transfer, you feel that this would suffice for the rest of the year? Mr. O'Connell Yes. If there are paper ballots, we woUld then have an additional problem. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from E & D to the Town Clerk's. Election Account No. 1950 in the amount of $3,680. Transfer Mr. O'Connell recommended that a request for a transfer be ap- Acct. 3450 proved for the Board of Health Account No. 3450 in the amount of $200 for the Rabies Clinic. We have had to purchase 1,000 doses of vaccine this year and the price has increased I7# cents a dose. There is also an increase in the number of dogs and there was a need for an addi- tional Doctor' s charge of $50. There was an additional cost of six cent post cards to send out notices of unlicensed dogs, and we over- looked this in the budget. We estimate 3,000 notices to be sent to owners of unlicensed dogs. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from E. & D to the Board of Health Account No. 3450 in the` amount of $200. Mr. O'Connell discussed coverage of the Planning Board for the Planning summer and informed the Board that well-known firms have been con- Board tatted and a proposal has been submitted from each. We expect we will be engaging the services of someone to start next week. Mr. O'Connell recommended the approval of two appointments to the Conservation Commission, Gary Larson, 570 Marrett Road, and David G. Williams, 2 Munroe Road. Mr. Larson is a professional Conservation Architect and the recommendation is strongly endorsed by the Conser- Commission vation Commission; Mr. Williams is a Senior Methods Analyst for Appointments John Hancock Insurance Co. Also, the recommendation is to re-appoint Mrs. Frick, whose term expires this year. There are two vacancies existing since the expansion of the Commission from five to seven members; one is to be a replacement for Stanley Brown. If approved, this would constitute a complete staff. Upon motion duly made and seconded, it was voted to approve the recommendations of the Town Manager for the appointment of Gary Larson and David G. Williams, and the re-appointment of Mrs. Angela Frick to the Conservation Commission for terms expiring April I , 1975. 1 401 Chairman Kenney read a request from Mrs. Howard A. LeVaux, II Old Shade Street, for a further reduction in her sewer connection charge. LeVaux After discussion, the Board agreed not to reconsider the vote of Sewer May10, 1972, which reducedconnection charge to 720 e the $900 sewer onne S , 9 and ,to so inform Mrs. LeVaux Chairman Kenney read a letter from Miss Carol Schreiber, 67 Turning Mill Road, that the barn owned by the Town on the former Hennessey property be rented to the public for a horse stable, at the rate of $20 or $25 per month, and that water could be obtained from the house which is owned by the Bergmeyers on Mountain Road in Lexington. Mr. O'Connell This is a small stable on a little triangle of land on the Hennessey property on the far side of the stone wall . I can find nothing to indicate that it was acquired for riding. It was acquired for sewer, water, drain, street, playground and recrea- tional purposes. We have had a number of inquiries and, in each Hennessey case, we said to individuals to give the Town a proposal on how it Stable would rent it. There are some problems that go with it, and I don't believe the Bergmeyers would appreciate the watering of horses with their water,. The building is in a so-so condition and there is a great danger of vandalism because it is relatively isolated. If the Town were to rent it for stabling horses, we accept the fact that this would produce additional riding on the Hennessey property. I get com- 111 plaints and it is not the proper use of the area. My suggestion is, if the Board wishes to have the building used, not to rent it to someone with a couple of horses but to an organization or someone in the business who would lease the building and sign an agreement to maintain it and take care of the associated problems. The 4-H applied for permission to use the area,and put up a riding ring and the Recre- ation Committee recommended against it, and told them to use the area at Willard' s Woods. After discussion, the Board agreed to inform Miss Schreiber that the Board has not rented the property for the following reasons, but if, in the future, some group can come up with a proposal which satisfies these objections, the Board would again consider the matter I . There are permits required both by the Zoning By-Law and the Board of Health regulations. ue 2. The Town would be very concerned with the question ion of responsibility and possible liability. Specific insurance requirements would have to be met. .,, 3. There is a problem of legal access to this barn and in the winter this becomes of practical concern since the approach is not plowed by the Town. 402 Chairman Kenney read a letter from William J. Manning, 20 Spring Street, regarding the condition of Spring Street. Mrs. Riff in I would ask Mr. McSweeney at what point in the procedure, relative to Spring Street, is the Committee on Streets? Mr McSweeney I believe we voted to go ahead on design and to hold the next hearing; to tag the trees and the suggested pavement. The hearing probably won't be until July, maybe not until after Labor Day. Spring Chairman Kenney It is up to the Street Committee to have the Street hearing. Mr. McSweeney They are waiting for us. It is recommended to go ahead with the design on it. Other then making design changes or utilities or drainage, we have to do all the profile and the plan. Chairman Kenney Is it your recommended design, from your department? Mr. McSweeney Yes. Mr. Buss I believe they are putting on the permanent patch on Spring Street. Mr. McSweeney We are doing the first part of it. The Board agreed to inform Mr. Manning that permanent patching on Spring Street is now underway and when the construction job is completed, the entire street will be cleaned. Chairman Kenney read a letter from the Trustees of Cary Memorial Perking Library regarding parking around the Library. Cary Upon motion duly made and seconded, it was voted to refer the Library letter to the Traffic Committee and the Director of Public Works for a recommendation. Chairman Kenney read a report from the Traffic Committee re- garding a letter received from Robert L Seaman, 17 Hancock Street, on increased traffic volume on Hancock Street. Traffic After discussion, the Board agreed to inform Mr. Seaman that Hancock St. no action would be taken at this time but a meeting is to take place shortly with the Planning Board to discuss the possibility of solutions to the growing traffic problem in the Town. Chairman Kenney read a report from the Traffic Committee re- Stop Sign garding the installation of a Stop sign on Westd$i$*er Avenue at Westminster Lowell Street, stating that four years ago, a proposal for a Avenue and Stop sign in this location had to be rejected because the traffic Lowell St. volumes did not meet State Warrants. New traffic counts will be undertaken when the workload of the Engineering Department will permit and the results reported. The Board agreed to accept the recommendation of the Traffic Committee that traffic counts be made, and to so inform Mrs. Eviler. Traffic Chairman Kenney read a report from the Traffic Committee re- Congestion garding traffic congestion, stating that an increase in traffic has led to traffic congestion and backups, particularly on Merrett Road 4.03 at Waltham Street, at the intersection of Woburn and Lowell Streets and in the Center. The increased traffic does not appear to be caused by the reconstruction of Route 128 north of Route 3 or by any other single condition. The Committee believes that the Board of Selectmen and the Planning Board should be apprised of the situation and antici- pate further growth of traffic, particularly as the employment situation gradually improves, and provide for relief measures before the conditions become intolerable. Mr. Bailey The Committee should have positive suggestions on re-routing or timing of lights, and it would be helpful; we should have good, solid professional advice. Mr. McSweeney That is what we are leading up to. The Traffic Committee is to submit recommendations to the Board. Chairman Kenney reed a letter from Mayor Clark of Waltham stating that the Office of Manpower Affairs has established a framework for setting up Ancillary Manpower Planning Boards throughout the State. He requests that several nominees be recommended to serve on en area Man- Ancillary power Planning Board or on a subcommittee. Since the board cannot be Manpower composed of more than 33 members, and there are 16 communities, not Planning everyone recommended will beableh board.Y en to serve on t • r Board Upon motion duly made and seconded, it was voted to nominate Enrico A. Mongiello, Management Systems Analyst for the Town of Lexington, under the Emergency Employment Act, and Ephraim Weiss, 462 Lowell Street, Lexington, as representatives of the Town on the Ancillary Manpower Plannfing Board. The Board agreed to inform Mayor Clark of the two nominations. Chairmen Kenney informed the Board that notice has been received of a new Manager of Buse Bros. Liquors, Inc., 131 -Massachlsetts Avenue. Upon motion duly made and seconded, it was voted to approve the Buse Bros. new Manager, Alexander Gusmini , of Buse Bros. Liquors, Inc., 131 Manager Massachusetts Avenue, Lexington and to request approval of the Alco- holic Beverages Control Commission. Selectmen Buse abstained. The Board discussed the letter from State DPW Commissioner Bruce Campbell stating that Chapter 634, Acts of 1971 authorized and di- rected the Department of Public Works to accept the transfer of title Vehicular to all vehicular bridges carrying public ways over the tracks or Bridges rights of way of railroads within the Commonwealth, title to which is now vested in cities, towns or railroads, or both. If your munici- pality has title to bridge(s) it desires to transfer to the Department of Public Works, please contact the DPW indicating the location of the structure(s) and the degree of responsibility the municipality has therein. A report was read from Mr. O'Connell stating that Mr. McSweeney advilses that the only bridge involved is the Boston and Maine Rail- road bridge on Maple Street which we understand is owned by the I 404 railroad; therefore, we expect that the State has or will take title directly from B & M. Mr McSweeney recommends, and I concur, that it would be desirable that the state also take title to the approach and sidewalk which are owned by the Town. I am providing Mr. Legro a copy of this material in case there is a question of whether the Board has the authority to convey without Town Meeting action. After discussion, Mr. Legro agreed to research the matter with the Division of Bridges and Ways. Upon motion duly made and seconded, it was voted to approve the character of the following who have applied for Certificate of Incor- poration and approved by Chief Corr Cert. of Howard G. VanAlstine 438 Lowell St. Incorp. "Waltham Masonic Building Corp." Lawrence J. Selig 19 Loring St. "Waltham Rental Housing Association, Inc." Chairman Kenney read a report from the Director of Public Works regarding a letter from Otto E. Tobiason, 127 North Street, concerning conditions in this area. The report states that the area would be Tobiason filled in to prevent illegal parking; if the Board favors a petition Complaints to install poles on this portion- of North Street, the addition of North St. approximately two or three street lights at $108 per year; the prob- lem of constantly burning street lights is because new electric eyes are needed, and this has been reported to Boston Edison; drainage problem on Hancock Street at the railroad crossing will be corrected this year with money appropriated at the 1972 Annual Town Meeting. The Board agreed to accept the recommendations of the Director of Public Works and to so inform Mr. Tobiason. The Board discussed the list of recommended street lights sub- Street mitted by the Director of Public Works. Lights Upon motion duly made and seconded, it web voted to table the list of street lights until more information is received from the Director of POblic Works. The Board discussed appointments to the Board of Appeals because Board of Ap- of a vacancy due to the resignation of Charles T. Abbott. peals Appt. Mrs. Riff in nominated Mrs. Ruth Morey and Mr. Brown seconded the Ruth Morey nomination. Upon motion duly made and seconded, it was unanimously voted to appoint Mrs. Ruth Morey a member of the Board of Appeals to fill the unexpired term of Charles T. Abbott to March 31, 1976. III Appt. Mr. Buse nominated Mr. Robert Cutaldo as an Associate Member of Assoc. the Board of Appeals to fill the unexpired term of Mrs. Ruth Morey Member Bd. to March 31 , 1973; Mr. Bailey seconded the nomination. of Appeals Mr. Brown nominated Mr. Roland B. Greeley as an Associated:"Member of the Board of Appeals; Mrs. Riffin seconded the nomination. 4O Upon motion duly made and seconded, it was voted to appoint Mr Robert Cataldo an Associate Member of the Board of Appeals to fill the unexpired term of Mrs. Ruth Morey to March 31 , 1973. Chairman Kenney informed the Board that Attorney Tropeano is setting up a scholarship for Monsignor Casey and requests that the Proclamation Board endorse the establishment of this scholarship and to issue a proclamation. Upon motion duly made and seconded, it was voted to issue a proclamation endorsing the establishment of a perpetual scholarship honoring Monsignor Casey, and to urge all citizens and organizations to support the establishment of such a scholarship. The Appropriation Committee met with the Board at 9••10 p.m. Appropriation Mr. Furash: Do you contemplate a special Town Meeting? Committee Chairman Kenney We have had no official requests before us. There has been some talk about the Regional Vocational School request- ing one between September and October 5. Mr. O'Connell It is my understanding that the Regional School Committee would write to the Board and formally request a Special Town Meeting. Mr. Furalsh With this in mind, we think it unfair to hold a meeting in September; if a meeting is requested, it would be our preference to have the whole month of September to prepare for one. Mr. O'Connell The earliest date mentioned was September 20. Procedure on land acquisition was discussed and the Appropriation Committee was informed that a subcommittee had been appointed, with Land Mr. Busa as the representative of the Board. Acquisition Mr. Buse We have had three meetings and now have finalized the procedures, which three members of the Committee are going to put in a form that will be understandable for all committees involved. Mr. Furash It is my understanding there would be no problems. Mr. Furash requested that because of the lateness of the Reserve Fund transfers last year, the Board conduct an official review with each department prior to November I , indicating that their spending is realistic, with the approval of the Town Manager. 1973 is the be- ginning of the 18-months budget and we want to conserve as much as we can in the Reserve Fund. Mr O'Connell agreed. We are looking at meeting a target date - Budgets to be in the hands of the Board of Selectmen in November. Mr. Furash It is important for us to have discussion of person- nel needs and to meet in December on people structure. From time to time we review the Public Trusts and in discussions with Mr. Morey, funds are available to relieve current expenditures. There are a number of trusts relating to the care of various parks. The Geneva Brown income seems to be piling up, but it could be used for relief of maintenance expenditures. We wonder whether certain funds set aside for the indigent poor could not be applied to various services for the 406 elderly or in terms of support we now give to the Golden Age Club. I would suggest that there are some that clearly state that the income ought to be spent annually. We would ask you to take a good, hard look at these and get back to us. I would work with the Board on talking to the Trustees to spend the funds. If there is some manner in which we could support you, we would try to be helpful . Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the 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 II 00 p.m. A true record, Attest eilvjAA--1 --)k" ecutive Clerk, Selectmen 111 i