Loading...
HomeMy WebLinkAbout1970-06-15-BOS-min (li SELECTMEN"S MEETING June 15, 1970 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday evening, June 15, 1970 at 7:30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present Mr Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engi- neer, and Mrs. McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, two jurors were drawn as follows Charles B. McAllister 105 Gleason Road Jurors Leon D. Michelove 1 Cooke Road Hearing was declared open upon the petition of the Shell Oil Com- pany for a 14cense for below ground and above ground storage at the premises located at 46 Bedford Street. A notice of the hearing was inserted in the June 4, 1970 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 Mr. Thomas A Turner, Construction and Maintenance Supervisor for the Shell Oil Company, was present and explained that this application was for an additional 6,000 gallon underground tank to increase the storage to 23,000 gallons from 17,000 gallons of gasoline presently approved. The reason for this is to help cure air pollution by instal- ling a tank for unleaded gasoline; otherwise, they would have sufficient Gasoline storage tanks The present cars on the road are not equipped to use 46 this gasoline but the new models coming out in the fall of 1971 will be Bedford designed to burn this unleaded gasoline. The Chairman declared that part of the hearing closed. 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 Shell Oil Company to install an additional 6,000 gallon underground tank on the premises located at 46 Bedford Street, Lexing- ton; to issue a new license as follows to grant permission to keep, store and sell 22,000 gallons of gasoline, 500 gallons of waste oil , and 500 gallons of fuel oil to be used to heat the building, all in underground tanks, 1,000 gallons of motor oil and 500 gallons of anti- freeze, to be stored in metal containers or steel drums above ground. 100 gallons of gasoline to be stored in tanks of motor vehicles in the lubritorium Hearing was declared open upon the petition c6 the Shell Oil Com- pany for a license for below ground and above ground storage at the premises located at 1095 Massachusetts Avenue. (Pi A notice of the hearing was inserted in the June 4, 1970 issue of the Lexington Minute-man and sent by certified mail to the abut- ters, as listed on the records of the Assessors Application was approved by Chief Spellman of the Fire Depart- ment Mr Turner explained that this application was for an additional 6,000 gallon underground tank to increase the storage to 22,000 gallons from 16,000 gallons of gasoline presently approved and would Gasoline be for the storage of unleaded gasoline. 1095 Mass The Chairman declared that part of the hearing closed Avenue 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 grant per- mission to the Shell Oil Company to install an additional 6,000 gallon underground tank on the premises located at 1095 Massachusetts Avenue, Lexington; to issue a new license as follows to grant per- mission to keep, store and sell 22,000 gallons of gasoline, 500 gallons of waste oil, and 500 gallons of fuel oil to be used to heat the building, all in underground tanks. 1 ,000 gallons of motor oil and 500 gallons of anti-freeze, to be stored in metal containers or steel drums above ground. 100 gallons of gasoline to be stored in tanks of motor vehicles in the lubritorium Hearing was declared open upon the petition of the Shell Oil Com- pany for a license for below ground and above ground storage at the premises located at 286 Lincoln Street A notice of the hearing was inserted in the June 4, 1970 issue of the Lexington Minute-man and sent by certified mail to the abut- Gasoline ters, as listed on the records of the Assessors. 286 Lincoln Application was approved by Chief Spellman of the Fire Depart- Street ment. Mr Turner explained that this application was for an additional 6,000 gallon underground tank to increase the storage to 22,000 gallons from 16,000 gallons of gasoline presently approved and would be for the storage of unleaded gasoline The Chairman declared that part of the hearing closed. 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 grant permis- sion to the Shell Oil Company to install an additional 6,000 gallon underground tank on the premises located at 286 Lincoln Street, Lexing- ton, to issue a new license as follows to grant permission to keep, store and sell 22,000 gallons of gasoline, 500 gallons of waste oil , and 500 gallons of fuel oil to be used to heat the building, all in underground tanks; 1 ,000 gallons of motor oil and 500 gallons of anti- freeze to be stored in metal containers or steel drums above ground. Mr Leon Burke, Director of Guides, met with the Board. He in- Guide troduced Noreen Webb, 39 Locust Avenue, and informed the Board that she had successfully passed the examination and qualifies as a Guide of Lexington. He requested the Board appoint her 109 ' 1 The Chairman welcomed Miss Webb and said that as representative of Lexington, we look to her to project the image of Lexington while con- ducting visitors on a tour of the Green Upon motion duly made and seconded, it was voted to appoint Noreen Webb as a Guide of Lexington for the coming season Mr. Legro informed the Board that on May 4, 1970, the Board adopted two Orders of Taking relating to two parcels of land off Utica Street owned by Mr. Steeves. At that time we found substantial encum- brances and thought it ought not be recorded. That situation no Steeves longer exists and he has prepared two new Orders of Taking as of June Land 15, 1970. He requested the Board to sign the Orders of Taking Upon motion duly made and seconded, it was voted to adopt the Orders of Taking for two parcels of land off Utica Street owned by Walter Steeves, which were origianlly drawn on May 4, and re-drawn as of June 15, 1970 Mr Legro informed the Board that a hydrant had been struck on January 20, 1970 and he requested the Board to sign the release, in the amount of $533 05, which is the full amount of the claim of the Barstow Town against Marilyn L and George Barstow Release Upon motion duly made and seconded, it was voted to sign the re- lease in the amount of $533 05, to be paid to the Town for damages to a hydrant struck on January 20, 1970 by Marilyn L and George Barstow Mr. Legro informed the Board that he had received the sewer lat- eral contract awarded to McNeice Corp , 8 Fencourt Road, Canton, Massachusetts, in the amount of $ 132,500 Mr. Legro has not been McNeice able to review the contract because he had just received it this Sewer afternoon The principal problem was, as usual , with the insurance Contract certificates; he suggested that the Board could vote to sign it sub- ject to his approval Upon motion duly made and seconded, it was voted to sign the sewer lateral contract awarded on June 3, 1970 to McNeice Corp , 8 Fencourt Road, Canton, in the amount of $ 132,500, subject to the ap- proval of Town Counsel The Chairman congratulated Mr O'Connell , Town Manager, for the excellent job he had done in moving the Town Office departments Town into other quarters, due to the renovation of the office building Manager The Board agreed with the Chairman and commended Mr O'Connell and his staff for the well-planned relocation of Town Offices Mr. O'Connell informed the Board that he had received a letter requesting permission for the Order of the Arrow to have a public show of Indian Dance Teams on the Battle Green on Wednesday, June Permit 24, from 6 30 P.M to 10 00 P.M The parade would start at St. Brigid' s Church and go to the Battle Green A request has been made for microphones and setup Mr. O'Connell said that he had talked to Bruce Ward and Eli Campbell and had indicated that the Board might want them to hold it in some other area. Ito Mr. Greeley suggested the Visitor' s Center and the Chairman sug- gested Depot Square. It was agreed that Mr O'Connell would talk to the boys and sug- gest other locations, without microphones. Upon motion duly made and seconded, it was voted to grant per- mission to the Order of the Arrow to have a public show on Indian Dance Teams on Wednesday, June 24, 1970 from 6 30 P.M. to 10'00 P.M ; location to be at either the Visitor' s Center or Depot Square accord- ing to the decision of the Town Manager. Mr. O'Connell reported to the Board that a drowning had occurred at the "old res" this afternoon. Anthony DiPietro, 16 years of age, had gone swimming with another yound man and had evidently suffered a disability; his friend had tried to help him but was unable to A department of Public Works man was across the reservoir working in connection with the circulators, as this is the first day of the trial operation of the circulators The "res" was scheduled to open on June 22 The accident occurred in a place removed from the planned beach area. Mr Bailey said that if lifeguards had been there, they would not have been permitted to swim over there. Mr O'Connell said that lifeguards would have been unable to do any more than the DPW man did to help and they would not have prevented the accident; if a guard leaves the beach for these boys, he is leaving the beach unprotected. He had been at the "res" this "Old Res" afternoon and had spoken to boys in that area that they were not al- lowed to swim there; these two boys arrived within minutes after Mr. O'Connell had left there. He recommended that the "res" be closed to all swimming indefinitely. The Chairman said that it was supposedly closed today. Mr. Bailey asked if this has happened in the past that there were swimmers there? The Chairman said that it was closed to swimmers. The cruisers would go by and would stop them from swimming there; whole families were there on Sundays. It is not a swimming area there as it is a mud bottom. Unless there is a policing of the whole area, he felt people would continue to swim there. He would vote to close the area. Mr. Greeley moved to defer the opening. The Chairman added, and police it as such; to station somebody there to keep them out. Mr. Mabee said that Mr. O'Connell had said that there would have to be somebody on 24-hour watch and gave a suggested figure of $5,000 to do it for the season. Mr. O'Connell said that was correct, but the watch was to pre- vent vandalism. Today, we had a man there, which was equivalent to the man we talked about and the boy drowned within sight of our man who heard the second boy call out and he was unable to reach him; it is illegal swimming on the Marrett Road side where the lifeguard can't reach the swimmers. 111_ Mr. Mabee asked if he was prepared to say it is a bad place? Mr. O'Connell said that he is saying we do not have a control plan to allow safe swimming and recommends that we not open. We will study it and will come up with some plan. Mr. Bailey didn't think we could enforce a no-swimming plan. Mr Greeley said that we have to either drain it or police it Mr. Kenney said that a chain link fence all around it would be costly. The Chairman said that they would climb a tree, swing over it and into the res. If there were a fence there today, they would have done this; what good is a fence? Mr. Mabee agreed the matter needs further study; he was willing to go along with the motion for indefinite opening until we decide what to do. Mr. Greeley moved to defer opening the "res" until we can come up with an adequate plan for policing. He said that until we are satisfied we can do it, we have to leave it shut. Upon motion duly made and seconded, it was voted to defer the opening of the "old red" until the Board has received an adequate plan for policing the area, either to open it or keep it closed. Hearing was declared open in accordance with the provisions of General Laws, Chapter 131, section 40, the Hatch Act, regarding a notice of intent to alter certain inland wetlands of the Stratvern Realty, 16 Appleton Street, Waltham, located at 41 , 43 and 49 Valleyfield Street, Lexington Mr. Joseph LeLievre and Attorney Gerald Cournoyer, representing the Stratvern Realty, were present. Attorney Cournoyer said that Mr. LeLievre proposes to relocate an existing brook and pipe a por- tion of the water course to make two buildable lots. The brook Stratvern runs across 172 and 171 Valleyfield Street and he proposes to relo- Realty cate it in the brook, using the pipe presently used for this brook, and pipe it to an existing 24" Town drain by way of a manhole. Mr. LeLievre has expressed a desire to grant an easement over the area the pipe will be buried in; the pipe will be buried approxi- mately two feet below the surface. The Chairman asked if the Conservation Commission had any questions. Mr. Stanley Brown looked at the map of the area. He said that this was first brought to our attention by the abutting owner who felt that if the brook were filled it would cause the water to back up and spill over his property. The Chairman said that the Engineering Department will give a report on that; your remarks should be from a Conservation point of view. Mr. Brown said that from a Conservation point of view, we would prefer to see the brook remain open. Tonight is the first time we have seen a plan. The Chairman asked Mr. Brown to submit a report on this to the Board II _ 112 Mrs. Lois Brown, representing the Planning Board, was present and said that the Planning Board has no position to take tonight. The Chairman asked if anyone present had a question? Mr. Edward Domings, 37 Valleyfield Street, said that Mr LeLievre is going to put in a pipe the same size as the culvert and when he pipes this, he has to come back to my property and it will be at an angle. The Chairman asked Mr LeLievre if the plan showed the recom- mended location on Stratvern property and if it crossed Mr. Domings property in any way? Mr. LeLievre said that he was picking it up at Mr. Domings' lot line. Mr. Domings said that he also had a brook behind him and it will make a 180° angle; it is filling his land now. The Chairman assured Mr Domings that the Town Engineer's re- port will show that it would be picked up at his lot line. Mr. Tony Gelzinis, 73 Valleyfield Street, said that these peo- ple don't realize what happens when conditions like this happen Across the street the builder blocked the ditch and built; whenever they do something like this, it is at our expense, regardless. The Chairman declared that part of the hearing closed. No one appeared in favor of the request for relocation of the brook. The following were recorded in opposition: Mrs. Hooper 50 Valleyfield Street Mr. & Mrs. Edward Domings 37 Valleyfield Street Mr. Tony Gelzinis 73 Valleyfield Street Mr. Clarence Smith 76 Valleyfield Street The Chairman said that a report will be submitted by the Plan- ning Board, Conservation Commission and the Engineering Department and the Board will evaluate them and in turn forward them to the Department of Natural Resources. We have no control over what the DNR: rules but we make the recommendations and will lay the Condi- tions down strongly and hope they are followed. The Chairman declared the hearing closed. Hearing was declared open upon petition of the New England Telephone Company to lay and maintain 230' of underground conduit on Massachusetts Avenue at Lexington Center. Mass Ave Notices of the hearing were hand delivered to the abutters by Conduit the Engineering Department. Mr. Robert Dunn, representing the Telephone Company, said that this is a request from the Town of Lexington to lay this conduit before work is begun by the Town in the Center. There will be twenty ducts for the manhole and it will be installed 10' off the property line. We expect to have the job done in five days, weather permit- ting. The Chairman asked if any member of the audience had any questions? 11 3 ' Mrs. Morey asked if the manhole in the middle of the street would be eliminated? Why can't they have an underground walk and come up in the sidewalk2 Mr. Dunn said that this is still within the sidewalk area; we build manholes to put ducts in and this is planned for twenty-five or thirty years. The Chairman said that Mrs. Morey is saying she would like that manhole eliminated from the location because whenever it is opened up, it slows down the traffic. He asked Mr. McSweeney if this is the best solution? Mr. McSweeney replied that it was. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company to lay underground conduit in the following location Massachusetts Avenue Fran M.H 34/ I23A, southwesterly, approximately 230' of underground conduit The Chairman read a letter from Dr. Babior of 24 Mason Street re- questing a new bus stop for the Arlmont bus to pick up and discharge passengers on or near Pleasant Street Mr. Legro said that the Board of Selectmen establish the bus Bus Stop stops with the approval of the Department of Public Utilities. Upon motion duly made and seconded, it was voted to refer the request of Dr Babior to the Traffic Safety Committee for a recom- mendation. The Chairman read a notice fran the DPU that a public hearing will be held on Tuesday, June 23, 1970 at 2 00 P.M. upon petition of the C & W Transportation, Inc of Lexington for a license to render charter service on trips originating within the Town of Lexington The Chairman felt that the Board should take a position to grant this request as it would be good insurance for us if the MBTA did not continue to go on record as recommending the company that has the C&W Trans- school bus contract now. portation Mr Kenney was concerned about the details. Permit Mr. William Maloney said that the purpose of the permit is to have permission for this bus line to take passengers from the hous- ing site, clubs, etc. People call and look for buses and there is no charter service in Lexington. Upon motion duly made and seconded, it was voted that it is the position of the Board of Selectmen to grant this request of the C & W Transportation, Inc. for a license to render charter service on trips originating within the Town of Lexington. Mr O'Connell is to write a letter to the DPU to this effect. The Chairman read a letter from the Bedford Board of Selectmen, enclosing a petition received by them that a committee be formed to Bedford scrutinize all industrial contracts and admonish G.C.A. for testing Permit lethal nerve gas in a tank in a populated area. The Board agreed that Mr. O'Connell is to talk with the Bedford Selectmen. 114 The Chairman read a letter from HUD Workable Program Division advising us that the Town' s application for recertification of its Workable Program does not meet their review specifications with Workable sufficient detail ; that the submission fails to indicate the loca- Program lity is carrying out an effective program of enforcement under its housing code, etc. The Chairman read a letter from Mr. Zaleski , Planning Director, stating that our application was submitted with the knowledge that we did not meet the requirement of a part-time housing inspector but hoped it could be waived because of Lexington' s character. We do not have slum or blighted areas and this was clearly stated on the application; also, there is no need for relocation plans as no families or businesses have or are expected to be displaced by gov- ernment action. The Board agreed to hold the letter from HUD and discuss it with the Planning Board Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on June 9, 1970 The Board agreed to hold the minutes of the meeting of June 3, 1970 for further discussion. The Chairman read a letter from Walter F. Stafford, 81 Princeton Claim Avenue, Waltham, claiming that a raised manhole cover on Lowell Street had caused damage to his 1968 Oldsmobile on June 2, 1970. The Board agreed to refer the letter to Town Counsel . The Chairman read a letter from the State DPW advising the Town Worthen Rd. of the assignment of $29,700 for the improvement of Worthen Road- East St. East Street on condition that at least $14,850 be contributed by the Chapter 90 Town and $ 14,850 by the County Maintenance The Chairman read a letter from the State DPW advising the Town of the assignment of $2,000 for the maintenance of Chapter 90 roads in Lexington on condition that at least $2,000 be contributed by the Town and $2,000 by the County. Upon motion duly made and seconded, it was voted to authorize License the Chairman to sign the intelligence license for Starrett Associ- ates, Inc., 2 Militia Drive. Upon motion duly made and seconded, it was voted to authorize I .D. Card the Chairman to sign the liquor I .D. card for Joan Cafarelli , 51 Eldred Street and Kendra McGrath, 14 Winter Street. The Chairman informed the Board that he had received, tonight, Vocational from Vernon Page a copy of the agreement on the Technical and Voca- Regional tional Regional School . We are asked to comment before June 18. Upon motion duly made and seconded, it was voted to refer the agreement to Mr. O'Connell , Town Manager. I 11 5 Mr. Francis W.K. Smith met With the Board. He said that he owns four lots of land which he had put under agreement in March to sell to a developer and he understands the Board has sane questions con- cerning this. He asked if the delay was because of Meagherville and if that wasn't the case, is it a policy not to let a private devel- oper extend a sewer along an unaccepted street? The Chairman asked if he was referring to Colonial Builders? Mr. Smith replied in the affirmative. Colonial The Chairman said to draft a letter on this Builders that Mr. Legro is Mr Legro said that the letter has not been drafted; you people should show to the Town all the necessaryrights for us to grant 9 this. These are the same ones we have discussed for the past three years. Mr Smith thought they were all settled once Hickory Street was accepted; to extend the sewer 250' would benefit not only these lots but other lots. Mr Greeley said that the rights have to be straightened out. Mr. Smith said that the builder is all ready and I was anxious to put it through. Mr. Smith retired from the meeting, with the understanding that there is still a question of rights to be resolved. The Chairman welcomed former Selectmen of the Town, who were present for an informal gathering on this last meeting in the present Selectmen's roan due to the renovation of the building. Present were Alan Adams; Otis S. Brown, Jr , Phillip M. Clark; Rep. Lincoln P. Cole, Jr.; George W Emery; Gardner C Ferguson; Raymond W. James; William E. Maloney; Ruth Morey; Donald E. Nickerson; Hazel Murray Former Potter; Haskell W. Reed; Norman J. Richards; A. Edward Rowse; Selectmen Harold Stevens. The Chairman read the minutes of June 19, 1928 and pointed out the remarkable coincidence between the agenda then and this evening. The Chairman presented one of the chair pillows to Mr Adams as a token of all the meetings he had covered for the Minute-man. The Chairman presented a plaque to former Selectmen Phillip Clark and said that each of the other former Selectmen will be given a similar plaque, made from the wood paneling of the Selectmen's room The Chairman invited all to enjoy the refreshments and an evening of reminiscence. Upon motion duly made and seconded, it was voted to adjourn at 8.35 P.M. A true record, Attest c Executive Clerk, Selectmen �IV I