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HomeMy WebLinkAbout1972-05-01-BOS-min 335 SELECTMEN'S MEETING May I, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday evening, May 1, 1972 at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse and Brown, and Mrs Riff in; Mr Legro, Town Counsel ; Mr. O'Connell , Town Manager, Mr. McSweeney, Director of Public Works; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, four jurors were drawn, as follows Norman Doelling 6 Turning Mill Road Martin I . Small 22 Hancock Street Jurors Hugh M. Chapin 3 Juniper Place Constantine Samoylenko 16 Woodcliffe Road Mr. Legro requested the Board to sign the contract with Joseph W. Moore Co., Inc of Bedfbrd for field surveys and preparation of plans, Lexington dated October 8, 1971 , for Conservation takings at the Burlington line, Burlington under Article 10 of June 14, 1971 Special Town Meeting. He will talk Strip to Mr. McSweeney regarding the date of the contract. Moore Upon motion duly made and seconded, it was voted to sign the con- Contract tract with Joseph W. Moore, Co., Inc. for survey and preparation of plans for Conservation takings at the Burlington line. Mr. Legro requested the Board to sign the instrument regarding the release of flowage rights on Parcel I on the easterly side of Lowell Street, taken in connection with Butterfield Pond; under Article 92 of the 1972 Annual Town Meeting. Parcel 1 Upon motion duly made and seconded, it was voted to sign the in- Butterfiel4 strument for release of flowage rights on Parcel I as they affect Pond Parcel 1 at Butterfield Poad. Mr. O'Connell informed the Board that one bid had been received on air conditioning the Police Station; four companies had taken out plans Contract and specifications. He recommended that the contract be awarded to Award Cooling Systems Engineering, Inc. in the amount of $19,677. Police Upon motion duly made and seconded, it was voted to award the con- Station tract for air conditioning the Police Station to Cooling Systems Engi- Air Condi- nearing, Inc., 72 Walnut Street, East Dedham, in the amount of $19,677. tioning Mr. O'Connell informed the Board that a request had been received Chamber of from the Chamber of Commerce to increase the hours of operation from Commerce July I to Labor Day from 9 00 a.m. to 8 00 p.m ; the hours in the Summer summer have been 9 00 a.m. to 5 00 p.m. , and 10.00 a.m. to 4 00 p.m. in Hours the winter. Last summer, the Historical Society successfully operated 336 Buckman Tavern until 8 00 p.m. This change would represent the addi- tional cost of $1 ,500 which is not currently provided for in the budget. The Chamber of Commerce takes care of the cost of the atten- dants but the Town pays for custodian's services. The requirement for the custodian' s additional hours is not so much a result of additional janitorial work but because we operate on the policy of a man in the building. 1 would like the Board's opinion on the policy. Chairman Kenney Would you consider the possibility of coinciding these duties with the duties at the Library? Mr. O'Connell Yes, we would end up with some kind of composite schedule for custodians running from 14 to 16 hours a day with one of two men on nights; the second shift would be somewhat like the school schedule Chairman Kenney 1 feel that opening the Visitors' Center to 8 00 p.m. is a good idea but I am not happy with $1,500. Mr. Busa: Could we put on summer program college students? Mr. O'Connell 1 haven't had a chance to talk with Mr. McSweeney as this is a DPW bargaining item. If there are no men in DPW, we might. The Board agreed that Mr. O'Connell is to compile more informa- tion and come back to the Board. Mr. O'Connell informed the Board that an organization called Mass. Trash, Inc ,. a non-profit, private corporation chartered in Massachusetts in June, 1971 , has approached the Town with a plan to accomplish certain objectives in advancing the whole recycling process of reclaimed material . Phase I covers the development of a regional reclamation center for glass and paper, having area recta- Mass mation centers which would lie between the local collection centers Trash, Inc and industrial reprocessing points They are inquiring as to possible interest for having the place where Phase I is located. They had already picked Billerica and had an option with Realty Trust but ran into neighborhood objection and discarded the plan to use that site. Now, they are looking for strategic places that are willing and interested in having the Phase I facility located there. They were prepared to pay $220 a month in Billerica. If located at Hartwell Ave., it would serve as Lexington' s point and only people of Lexington could take it there. Chairman Kenney Would it involve a structure? Mr. O'Connell Only of a temporary nature. They would use cement block, and in Phase 1., there wouldn't be any processing equip- ment. It is their concept that everything put at this location will be of a temporary nature. I am asking for the feeling whether or not, ‘policywise, you think the Town should or should not be interested in allowing it to happen. If the technical problems could be solved, would the Town be interested? Chairman Kenney We are on record regarding recycling; we have money in the budget for that. The concern would be for another horde of trucks on Hartwell Avenue. 333 J Mr Brown: Civi } Engineering at M I .T has a section on trash dis- posal and R & D; it might be worthwhile to see if they are financially sound Chairman Kenney The feeling is, we would like to hear more. Mr Busa I would like to hear why Billerica turned it down. The Board agreed that Mr. O'Connell is to check the matter further and come back to the Board Chairman Kenney read a report from the Director of Public Works showing the formula for the bill to be sent to the Town of Burlington for the cost of emergency water supplied for the period February 18 through March I , 1972, in the amount of $2,429. 19. Total gallonage for 12 days - 7,744, 180 equalling 1,035,318 cu. ft. 10,000 cu. ft @ $0.35 per 100 cu. ft. $ 35.00 Burlington 90,000 cu. ft 6 $0.27 per 100 cu. ft. 243.00 Water 935,318 cu. ft. 0 $0.23 per 100 cu. ft. 2151 . 19 Price Total Cost $2429. 19 Mr. Bailey Would we have to ask MDC before we send out a bill? Mr. McSweeney No; MDC has approved the established rates. Upon motion duly made and seconded, it was voted to approve the formula, as submitted by Mr McSweeney, for billing the cost of the -emergency water supplied to the Town of Burlington for the period I Ill February 18 through March I , 1972, in the amount of $2,429. 19. Chairman Kenney informed the Board that the Burlington Board of Burlington Selectmen has asked for a meeting with us to discuss the possibility Board Water of purchasing emergency water supplies during the coming summer. Request The Board agreed to set up a meeting on Friday, May 5, at 830 a.m. Chairman Kenney read a letter from Eric T. Clarke, 29 Moon Hili Road, regarding the intersection of Fern and Pleasant Streets. Re- Traffic design of this area should materially ease the flow of traffic into Fern and and out of Pleasant Street and help to alleviate a situation that Pleasant has already caused several accidents. Streets After discussion, the Board instructed Mr. McSweeney to come back with a pieliminary cost estimate. The Board discussed a memo from the Planning Board regarding the extension of MBTA service to the Alewife Brook Parkway and beyond into META Arlington or Lexington to Route 128. Extension The Board agreed to set up a meeting on next Monday evening with the Planning Board, Representatives of the Boston Transportation Plan- ning Review and other interested people. Chairman Kenney read a letter from Mr. Jesse McDade, 39 Middleby McDad. Dog Road, regarding his dog, Major Complaint 338 Chairman Kenney On November 15, 1971 , we held a dog hearing and the Board agreed to take no action but to write to Mr. McDade and hope the matter could bd straightened out. We had a notice of complaint on March 22, reporting that a neighbor had complained and Dog Officer Belcastro has investigated it. I wrote to Mr. McDade telling him of the complaint of excessive barking by Major during the night and, specifically, on March 13, at 3 15 a.m.; March 16 at 5 00 p.m.; March 22 at II 30 a.m I enclosed a copy of our letter to him on November 17 and, also, the Dog Officer' s report. Now, Mr. McDade wants to know what is the definition of the word "excessive". As far as I am concerned, "excessive" is when several neighbors start com- plaining. We should inform Mr. McDade if there are any more com- plaints, we will hbld another hearing. Mr. Bailey Mr. McDade said in his letter he did not know about the barking, and clearly states, because no one was home. Mr. O'Connell A significant thing is that the complaint came from Mrs. Nahigian of 31 Middleby Road when she was ill . The law specifically mentions, and it follows your definition, that when a dog barks sufficiently to disburb nearby neighbors, that is excessive. Mr. Kenney: , I will so answer him. The Board agreed. Chairman Kenney read a letter from the Planning Board regarding the request of Kenneth P. Kelley, 49 Earl Street, to purchase Lots 20 and 21 located at the corner of Earl and Orchard Streets and shown as Lot 167 on Assessors' Map 72. Lot 167 is 49 ft. wide and 100 ft. deep and has an area of 4,900 sq. ft. Since both Earl and Orchard Streets do not physically exist in this location, Lot 167 has no legal frontage or street access. For this reason, in considering Kelley Lot 167 possible locations for scattered site housing, Lot 167 was not in- Earl Street eluded as a legal building lot. The Planning Board is opposed to the sale of Lot 167 as a separate lot or without a clearly stated restriction on building. The majority of the Board is not opposed to the sale of Lot 167 to the owner of the adjacent land on Earl Street, provided a condition is imposed at the time of sale that Lot 167 must be combined with the adjacent lot and become a part thereof. Chairman Kenney In 1963, the Board voted to sell it to Mr. ,; Kelley for $IOO but he objected to the price; he was willing to pay $50. However, over the years he changed his mind and would like to buy it for $100. Mr. Buse If he is interested in keeping it as part of his lot, we should tell him the fair market price has doubled. It is on a paper street and Mr. Kelley is the only person who could purchase it. Mr. Bailey .I, am not interested in selling it for $100. It is apparent it is of no value to the Town and if someone else has it, he is going to be paying taxes on it. After discussion, the Board agreed to sell for $200. I 33 9 • Upon motion duly made and seconded, it was voted to sell Lot 167 on Assessors' Map 72 to Kenneth P. Kelley for the sum of $200, subject to the condition that Lot 167 be combined with his existing lot and become a part thereof and not to be used as a separate building lot. Chairman Kenney request a re uest from the International Meditation Society for the use of Estabrook Hall on Thursday evening, May 18, for an informative lecture on the benefits of transcendental medita- tion. After discussion, the Board agreed to write to the applicant, Request for Mrs. Wooster, 3 Sheridan Street, and request the following informa- Estabrook tion Names and addresses of officers of the group; where previous Hall programs have been held; whether program is aimed at any particular group. Also, to point out that there are other local meeting places they might consider. Chairman Kenney read a request from Attorney Eli Taylor, in behalf of Arlex Automobile School , I9A Depot Square, for a parking Arlex Auto space for one vehicle in the area. School Upon motion duly made and seconded, it was voted to refer the Parking request to the Traffic Committee for a recommendation. Chairman Kenney read a request from the Lexington Housing Authority for information on scattered site housing Scattered The Board agreed to refer the request to Mr. O'Connell for a co- ordinated reply to the Housing Authority as similar requests had been made of the Planning Board and the Assessors. Upon motion duly made and seconded, it was voted to approve the request of the Director of Public Works to sign the abatement for sewer house connection bill to Richard Silva, 500 Lowell Street, in Abatement the amount of $58.50, incorrect distance measured and recorded at time of construction. Chairman Kenney read an invitation from the Town Celebrations Committee to attend the ceremony on the Green for the U.S.S. Lexing- ton, Sunday, May 7, 1972, at 2 00 p.m. Selectmen Bailey, Buss and Brown plan to attend. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meetings held on April 10 and 18, 1972. Chairman Kenney read a letter of appreciation from President Thomas L. Phillips of Raytheon, expressing his gratitude for the Demonstra- outstanding performance of Chief Corr when about 600 persons ap- tion peered at the Lexington headquarters on April 26 to stage a demon- Raytheon stration. Also, appreciation for the unanimous decision by the Selectmen with respect to not granting a parade permit to the demonstrators. I 1340 Chairman Kenney informed the Board that the Recreation Committee Youth nominates Daniel P Buse as its representative on the Youth Commis- Commission sign. Upon motion duly made and seconded, it was voted to appoint Daniel P. Busa a member of the Youth Commission representing the Recreation Committee, for a term expiring April I , 1973. Chairman Kenney informed the Board that the Bamboo Hut, Inc has re-applied for an all alcoholic beverages Common Victualler license. Mr. Legro pointed out that the application does not show the citizenship of the present officers It only shows that the President of the Corporation is a citizen and it is required that a majority of the Directors must be citizens of the United States, and the Manager must be a citizen, also. Chairman Kenney If we don't consider the application is in order, do we have any time limit? Mr. Legro: Not until it is in proper form; then 10 days after the application is received it must be advertised and the hearing held no less than 10 days after, that. Mr. O'Connell The Building Inspector, Fire Department and Board of Health were asked to report. The Director of Public Health reports that the last inspection was made on April 28, 1972 and it is my opinion that the existing food service areas would not be adequate to handle the increased volume of glasses and utensils that the liquor license would generate. The plan on file indicates a bar ser- Bamboo Hut vice area, but no details of what would be included with respect to Liquor Applic- drinking utensils washing and sanitizing. Detailed plans should be11/ ation submitted to allow for this additionalfunction and volume. The new rest rooms are not ready for inspection. The Building Inspector reports that the seating as proposed on the first 'floor plan will fall well within the limits of occupancy as set forth in Massachusetts Building Code STD 10. I would point out that requirements for emergency lighting, exits, and exit signs will have to be met also. These requirements will be'coordinated and in conjunction with the Fire Department requirements. All of the above requirements will also have to be applied to the so-called Party Room as proposed in the basement. Mr. O'Connell These reports indicate that more infohmation will be needed. The Fire Department has concern with repeated vio- lation with respect to the exit door from the kitchen, which is barred and locked and it is impossible to get out in case of fire. I would say we would like to have a more thorough examination to make these determinations. Mr. Busa In view of these facts, would that prove the appli- cation is defective if they don't meet the standards? Mr Legro 1 think it is possible for the Board to grant a license on the condition that the premises be made to conform to the requirements of the law. I don't think there is any require. ment that the Board grant a license in these c.ncuMstances and no I 34 1 requirement where there isn't the minimum seating capacity. In conver- sation with the Building Inspector, there are 86 seats and they propose to add 4 booths to increase the seating capacity to 102. It could be approved as shown on the plan, and approved by the Building Inspector; be sure the premises could be made to conform. I don't think it is the Board's burden that it ought to develop all this information; the applicant should produce the information. Chairman Kenney I wouldn't want to make him physically alter the premises. Mr. Legro' The Board can grant, subject to the condition that the premises be made to conform. Chairman Kenney We have a report yet to come from the Fire De- partment. Mr. Legro I would think the applicant would want some sugges- tions from the Board rather than have it advertised and have a hearing and have it denied because of deficiencies. Mr. Bailey Do they have an attorney? Chairman Kenney No, they are acting on their own. Chairman Kenney to Mr O'Connell When you get the Fire and Police reports, I will have them come in. The Board agreed. Upon motion duly made and seconded, it was voted to approve the petition of the New England Telephone Company for the following loca- tion Mass. Ave Manhole Massachusetts Avenue Extension Junction of Wood Street adjacent to existing manhole 54/88A, to be built over existing conduit, one ( I) manhole 54/88C. Chairman Kenney read an invitation from the Rotary Club to attend a meeting at the Sheraton Lexington Motor Inn on May 8 at 12 00 N. to present a citation to the Lexington Police Department honoring their Invitation program of traffic law enforcement Chairman Kenney and the Board members plan to attend. Chairman Kenney read a report from the Traffic Committee in re- ply to another letter from Mrs. Cad1e of 15 Mariam Street regarding the parking situation. The report states that conditions on Meriam Street Mrs. are better now that the snow is gone and the full width of pavement is Cadle available. The Traffic Committee is of the opinion that parking on Meriam St Mariam Street does not represent a serious problem at this time as the Parking overall shortage of parking in Lexington Center, and believes that the refusal of Town Meeting to approve paving additional off-street parking space must be taken as an indication that the Town does not consider the present level of congestion in Meriam Street as unacceptable. It is therefore, the recommendation of the Committee that parking be allowed on Meriam Street until alternate space become available, either I 342 in the Meriam Street parking .lot or elsewhere. To restrict the parking now in the absence of alternate off-street space would force the parkers to move elsewhere where the pavement may not be as wide as in this section of Meriam Street. Upon motion duly made and seconded, it was voted to accept the report of the Traffic Committee and send a copy of the report to Mrs. Cadle Chairman Kenney read a report from the Director of Public Works regarding a study made on sewer and drains for Laconia Street, In essence, the report states that both sewer and drains should be in- stalled on Laconia Street in order to eliminate the problems that exist in the area but it is recommended that the sewer be considered as a first order priority in rectifying the problems and this may best be accomplished by including Laconia Street in the 1973 prelimi- nary budget We also recommend that a major drain be installed through an easement from Laconia Street to Lowell Street, through the Countryside Bible Chapel . This would carry off storm water from Rumford Road and eliminate the situation and be capable of handling flows from Laconia Street. We estimate the cost of this work at better than $50,000 and recommend that it be included in a subsequent Sewer and year's budget It should be pointed out that since Rumford Road is Drain an accepted Street and Laconia Street is unaccepted, the Town would Laconia St. appear to be liable by reason of draining a public way onto a private way in an unacceptable manner. It should also be pointed out that installation of proper drainage on Laconia Street itself could only111 be accomplished through acceptance of the street, and reconstruction according to Town standards. The Board agreed to inform the petitioners of Laconia Street that their letters would be considered as requests and a formal petition for sewer installation, to be signed and returned by Septem- ber 15, 1972, will be sent to them. Also, to inform them that sewer installation would probably help alleviate some of the drainage problems by creating a sub-drain along the bottom of the trench, thereby lowering the water table; beyond that, a full drainage system would have to be installed. The residents would have to petition the Town to accept the street as a public way as Laconia Street is a private way; the street could then be constructed, including storm drains, and abutters would be assessed a betterment charge under the Street Betterment Act. Mr. Bailey reported on a meeting regarding Bedford and Eldred Streets which was held at the District 4 office of the State DPW, 3n Bedford Arlington. Mr. McSweeney, Mr. Zaleski and Mrs. Thomas, representing Eldred Sts. the residents of the area, and I met with the State Engineers and a Traffic very comfortable climate prevailed. However, they want us to re-submit Signals our application for a traffic signal as soon as possible. Thereis the pressure of numbers (of vehicles) building up and back-up at Route 128. It is very difficult to predict. To summarize, they are happy and willing to look at it again. 343 Chairman Kenney Regarding back-up; as you know, we requested Chief Corr for an officer from 7 00 a.m. to 9 00 a.m. and I have had conflict- ing reports. We should address ourselves to seeing whether or not a back-up occurs. Mr. Bailey The residents say the coverage by police is spotty; they are not sure at what time he comes on and goes off duty. I would ask Mr., O'Connell to check the exact schedule and how it is manned. Mr. O'Connell It would be a special duty man because of the school schedule li Mr. Bailey The residents understand it is not covered in the afternoon and are wondering what the coverage is in the morning Upon motion duly made and seconded, it was voted to request the Director of Public Works to re-submit the application to the State De- partment of Public Works to install traffic signals at Bedford and Eldred Streets. Mr McSweeney was instructed to submit a report on back-up in the area. Chairman Kenney reported on the meeting with Commissioner Campbell regarding the Hartwell Avenue connector road. Mr. McSweeney and I met with him and he said that, this time, things have changed since last year. Any construction requests of this nature must have an environmental survey made; this takes only 6 to 9 months to com- pile. The Department of Public Works would consider the Hartwell III Avenue connector only in relation to the other traffic problems, such as the Circumferential Road, Route 62 and reconstruction on Route 2 Hartwell West. Our position was that the Town had been working on this many Avenue years and the proposal is older and can stand on its own merit, and Connector we were hoping it could have priority As we developed the converse- Road tion with the State Engineers, a plan that had been shown to the federal government, aimed to get their funding, was discussed showing tentative approval from the federal authorities. They insisted upon a service road paralleling Route 128 on both sides and extending from Route 3 to Route 2. They also would prefer these service roads to go all the way to Waltham. This plan has design problems of great magni- tude At that point, we were rather discouraged. Addressing the problem again, we came to a compromise that has some merit. Rather than have a 2-way connector, to have a connector road to take the southbound traffic in, and to construct a south- bound service road on Route 128 going from Bedford Street to Marrett Road. If the Selectmen and Planning Board wish to get together a tough, preliminary plan on this, and we approved it and sent it into them, Commissioner Campbell would request an immediate environmental survey, and within two years or so we could have it. He suggested we take some of the land between Hartwell Avenue and Route 128. If they felt it was somewhat of a satisfactory arrangement, they would direct them- selves to the jug-handle and hope to correct this problem next. I 344 Mrs. Riff in As long as we have something that relieves Bedford Street Chairman Kenney If that is acceptable to the Board, something could be drawn up, given to the Planning Board, and then call them in to establish a joint position. The Board agreed. Mr. Furash and Mr. Mitchell came into the meeting to inform the Appropriation Board that Mr Furash had been elected Chairman, and Mr Mitchell as Committee Vice Chairman, of the Appropriation Committee for the ensuing year. Chairman Kenney thanked them for coming to the Board with the information. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect the Session public security, the financial interests of the Town or the reputa- tion of a person. After discussion of matters regarding personnel and land acqui- sition, it was voted to go out of Executive Session and resume the open meeting. The Board discussed the request of Mrs. Roy Cook, widow of Fire Chief Cook, for a pension. Cook Upon motion duly made and seconded, it was voted to grant Mrs. Annuity Roy A. Cook an annuity in the amount of $2,000, with monthly pay- ments of $166.66, effective May I, 1972; under Article 10 of the111 1972 Annual Town Meeting. The Board agreed to inform Mrs. Cook of the possibility that a future Town Meeting could disapprove or modify this action but, hopefully, this would not occur. Upon motion duly made and seconded, it was voted to adjourn at 9 25 p.m. A true record, Attest 1' Q � '� Executive Clerk, Selectmen