Loading...
HomeMy WebLinkAbout1970-06-03-BOS-min 95 111 SELECTMEN'S MEETING June 3, 1970 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Wednesday evening, June 3, 1970, at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney and Bailey were present. Mr Legro, Town Counsel , Mr O'Connell , Town Manager, Mr Burke, Superintendent of Public Works; Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present At the request of the Town Clerk, two jurors were drawn, as follows Jurors Harvey D. Duffy 26 Philip Road Alan M. Binder 13 Emerson Gardens Hearing was declared open upon the petition of the Sun Oil Com- pany for license for below ground and above ground storage at the premises located at 301 Massachusetts Avenue A notice of the hearing was inserted in the May 21 , 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. Richard W Bunzel , representative of Sun Oil Company and also the owner of the land, Peter J McDonagh, informed the Board that this application is for an additional 4,000 gallon underground tank to increase the storage to 16,000 gallons from 12,000 gallons of gasoline presently approved The present service station will Sun Oil be demolished and a service station of colonial design will be con- Company structed; it will be the only one of its kind in Lexington and will require special plans. They have a permit for a 275 gallon tank and would like to increase it to a 1 ,000 gallon tank to heat the building; also, to increase the drain oil tank from 350 to 1 ,000 gallons. They plan to use the existing gasoline tanks and install an additional 4,000 gallon tank which will be used for unleaded gasoline. Hearing no questions from the audience, the Chairman declared that part of the hearing closed. The Chairman asked if anyone was present in favor of the peti- tion? eti- tion? Mr Peter J. McDonagh was recorded in favor No one appearing in opposition, the Chairman declared the hear- ing closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Sun Oil Company to install an additional 4,000 gallon underground gasoline tank on the premises located at 301 Massachusetts Avenue and to issue a new license as follows L "ti To grant permission to keep, store and sell under Chapter 148, 16,000 gallons of gasoline, 1 ,000 gallons of waste oil , and 1,000 gallons of fuel oil to be used to heat the building, all in under- ground tanks; 800 gallons of motor oil, 300 pounds of grease, 400 gallons of anti-freeze and chemicals to be stored in metal con- tainers or steel drums on the premises. Mr Leon Burke, Director of Guides, met with the Board. He introduced John Hansen, Alice Pfaff and David A. Lavender, Jr. and informed the Board that they had successfully passed the examina- tion and qualify as a Guide of Lexington. He requested the Board to sign the Guide' s License for each. The Chairman welcomed them and said that as representatives of Lexington, we look to them to project the image of Lexington Guides while conducting visitors on a tour of the Green Mr Burke requested the re-appointment of Richard T. Gillespie. Upon motion duly made and seconded, it was voted to appoint the following as Guides of Lexington Alice Pfaff David A. Lavender, Jr. John Hansen Richard T. Gillespie - re-appointment Mr. O'Connell informed the Board that he had received a letter yesterday from the State Labor Relations Board stating that the Lexington Police Betterment Association has filed a petition asking for certification and representation as exclusive collective bar- gaining agent for its members. This notice advised us that the Lexington examiner will first come in and examine the employees records to Police make a determination if there is enough membership to constitute a Betterment valid request. The policy requires 30% representation by cards; Association the investigation has been assigned to John McLaughlin A hearing will be conducted and the only action required of the Board now is to designate representation at the hearing; they have supplied us with a form for this purpose. The Chairman said that Mr O'Connell and Mr Legro should go to the hearing. He asked if any date had been set? Mr. O'Connell said, no; the examiner will come in first and examine the records It was agreed that Mr O'Connell and Mr Legro are to attend the hearing when the date has been set. Mr O'Connell informed the Board that he had received a letter from Mr Burrell , Director of Defense, regarding the Lexington Dis- Disaster aster Control Plan The Board of Selectmen had adopted the plan on Planning September 8, 1969 but the committee was never constituted. He re- Committee quested the Board to appoint the members Upon motion duly made and seconded, it was voted to appoint the following members of the Lexington Disaster Planning Committee 97 Arthus E. Burrell, Chairman Civil Defense Department Donald K Irwin Building Inspector Robert C. Heustis Executive Health Director Thomas Wenham Assistant Superintendent of Public Works Lt. James J. Lima, Jr Lexington Police Department Deputy Chief Roy E. Cook Lexington Fire Department William P. Fitzgerald Fire Warden Mr. O'Connell informed the Board that he had accepted the resignation of Patrolman James Ahern, effective May 29, 1970. Police Authorization has been received from Civil Service to fill a va- Appoint- cancy that has existed Robert F. Raposa, 87 Laconia Street, has ment accepted the appointment as Patrolman, effective June 15, 1970; he was the highest on the State Civil Service qualification list. Mr. O'Connell informed the Board that the water billing unit is to be moved next week to Cary Hall and requested permission for the water bills to be mailed two weeks earlier than usual; this would Water implement the move and the mailing of the bills. Later on, he would Bills like to investigate the staggering of the water bill over a great period of time. The Board had no objection to the water bills being mailed two weeks earlier than usual . Mr O'Connell reported that he had been forced to curtail the operation at the old "res" because of night vandalism. Late night swimmers had used the equipment platform for a diving platform and had been spinning the equipment over. We must do something beyond what we have been planning or these units will be ruined. The Chairman asked what is the status of the rest of the project other than the circulator? Mr. O'Connell replied that the fence is not up; there are two Old "Res" sanitary units ready but are not down because they would be damaged. The Chairman asked if there were any reports as to the damage to the circulators? Mr Burke said that the units are supposed to be water sealed and not to be submerged. We had three tie lines and sometime be- tween last night and this morning they had submerged them again. Mr. Gallagher, Chairman of the Recreation Committee, said that he had gone to the 'res' this morning and at 8 30 he had asked peo- ple to get out of the water; there was also a Sunfish there The pumps were in the right position and he suggested that, if it is possible, get those pumps out of there until we open and then follow the recommendations of the Town Manager. Mr Burke said that the units have to be installed and tests run; we have to make a dye test to see if the flow is to and from. Mr. O'Connell asked if he was assuming that the flow circu- lators would be used during the season? I Mr. Burke replied in the affirmative 98 The Chairman asked how long it would take to accomplish this? Mr. Burke said that he would have to check with Mr Cortell , who would contact the manufacturer The units would have to be removed and the wiring disconnected and would have to be baked out for five hours; it would take a couple of days. Mr Mabee asked why can't they make the die test for the pos- sibility of using it without the pumps? Mr. O'Connell said that Mr. Cortell is trying to locate the second unit in another area and test it in another location. Mr. O'Connell expressed a fear that the units might be severe- ly damaged In the late night hours when the lifeguards have left. Mr Gallagher agreed and said that when Mr. Cortell has them in the proper location, he feels, perhaps, we can figure out some means of covering Mr. O'Connell said that if we wait until the operating season to install , later we could install a heavy fence. The Chairman asked if ,theY operate it without the circulators, when would they open? Mr Gallagher replied, June 22nd. The Chairman felt they should take out the circulators Mr Gallagher said that if we cover them properly when they are located, it wouldn't cost $5,000 The Chairman said to take out the circulators and get them back in condition and proceed to open June 22 without them. If we can get them back in there, he could see no problem to hire somebody to protect them as the Recreation Committee has the money in the budget. Mr Gallagher said that to run a proper test, we should have the circulators in operation. The Chairman agreed but said, in the meantime, take them out. Mr. Gallagher requested that no parking signs be posted on Parking at both sides of Marrett Road and at the driveway to the "res" "res" The Chairman said that the Board will submit the request to the Traffic Safety Committee and ask them to take it to the State Department of Public Works Mr. O'Connell informed the Board that 16 bids had been re- ceived on the sewer contract and recommended that the bid be Sewer awarded to the lowest bidder, McNeice Corp., 8 Fencourt Road, Can- Award ton, in the amount of $ 132,500 Upon motion duly made and seconded, it was voted to award the contract for sanitary sewers to McNeice Corp., 8 Fencourt Road, Canton, in the amount of $ 132,500 Mr. O'Connell said that he and the Chairman had met with repre- DPW sentatives of the Department of Public Works' Union and an agreement Union had beeh reached by the parties on two language changes; the Union representative drew them up but the language was not quite accept- able to Town Counsel 99 It was agreed by the Board that the Chairman, Mr. O'Connell and Town Counsel would get together on the language to be inserted and they will come back to the Board Upon motion duly made and seconded, it was voted to grant permis- sion to the residents of Barberry Road to hold a square dance on Permit July 3, 1970 from 7 00 P.M. to II 00 P.M. - rain date of July 4, 1970. Upon motion duly made and seconded, it was voted to grant permis- sion to the residents of Dane Road and Foster Road to hold a block Permit party on Sunday, June 21 , 1970, from 5 00 P.M. to II 00 P.M Upon motion duly made and seconded, it was voted to grant permis- sion to the First Parish Church to hold Sunrise Worship Service and cookout breakfast - using their charcoal equipment - on Sunday, August Permit 2, 1970 from 7 00 A.M to 9 00 A.M at Willard Woods, subject to the usual restrictions of the Superintendent of Public Works. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meetings held on April 6, 1970 and May 18., 1970. Upon motion duly made and seconded, it was voted to authorize the Chairman to certify the character of the following who have applied for Certificates of Incorporation Cert of Incorp Robert L. Burke 231 Marrett Road "Just-A-Start" Mary L Fisher 12 John Poulter Road "Committee for a New England Bibliography" Upon motion duly made and seconded, it was voted to approve the request received from the Tax Collector to abate uncollectable ambu- Ambulance lance bills for 1968, in the amount of $227 00 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Identification Cards for the following Liquor Robert A. Norcross 50 Forest Street I .D. Dale C. Kilkenny 75 Bertwell Road The Chairman read a request from Jean Lariviere & Son to move a house from Lincoln Road, Lincoln, to 135 Wood Street. Mr Lariviere had posted a $5,000 bond for a previous house move and the bond is House still in effect Move Upon motion duly made and seconded, it was voted to grant permis- sion to Jean Lariviere & Son to move a house from Lincoln Road, Lin-. coin, to 135 Wood Street, subject to the restrictions of the Super- , intendent of Public Works and the Chief of Police. 100 Com. Vict. Upon motion duly made and seconded, it was voted to sign the License Common Victualler' s license for Minute Man Buffeteria, 316 Marrett Road The Board agreed to hold over the letter from the president of LCSR the League of Women Voters regarding three nominees for the Lexing- ton Commission on Suburban Responsibility The Chairman read a letter from Frank Michelman regarding the Selectmen' s policy on setting up tables on Town sidewalks The Chairman said that we do not have a written policy on sidewalks. Selectmen' s Mr Bailey said that he would like an opinion from Town Coun- Sidewalk sel Policy The Chairman said that he would not want to put Town Counsel through this. It is our policy that we consider any requests that come before the Board. Mr. Mabee agreed, but said that we haven't had anything that was ever published and thought the Board should publish one The Chairman disagreed; he felt the Board should tell them that it is a written request that comes before us and the Board takes care of it. We shall write a letter to Mr. Michelman to that effect. The Chairman read a letter from Randle Edwards, requesting an immediate extension of the Town sewer to serve his lot south of 60 Pleasant Street. The Chairman said that a month ago, this came before us as an application from Greene & White and the Town Engineer said that it would be $4200 to extend to his lot; it was our position to in- struct the Town Engineer to take all of these requests and compile them, and to recommend a list of priorities The Chairman had met Edwards' with Mr. Edwards and Mr. Greene and had explained our position, Sewer our money budget and priority problem. He has no health problem as it now exists. He had explained to Mr. Edwards that he could get it done by depositing with the Town Treasurer the amount of whatever it would cost; he would be charged and refunded a balance, if one The Chairman said that he had told Mr. Edwards that he was sure the Board would not assess a charge in lieu of betterments if he constructed the sewer himself; he didn't think he wanted to take that approach. He was also told that we would not be in a posisiton to act on it until October or November. Mr Kenney said beyond that, could we give him consideration for next year' s budget? The Chairman said that Mr. Edwards had said that he didn't want to wait that long. Mr. Mabee said that it was decided that we would consider these requests as a package. The Chairman said that he had explained that to him and the other high priorities, such as the Community Nursery What is the Board' s feelingon grantinghim a sewer tonight? 9 10: . Mr Baileysaid, absolutelynot. Mr Kenney moved that we deny the request. Upon motion duly made and seconded, it was voted to deny the re- quest Of Randle Edwards for an extension of the Town sewer to ser- vice Mr. Edward's lot south of 60 Pleasant Street The Chairman read a letter from Dr Singer of 48 Balfour Street stating that the recreation situation is deplorable, especially the swimming and tennis facilities, which are most outstanding for their inadequacies. Mr. Kenney said that we should write to him and point out that Dr Singer the Board consistently supports a $40,000+ budget It was agreed to write to Dr. Singer and explain that the Board fights for a recreation budget every year when they meet with the Appropriation Committee and Dr. Singer does not have, a clear picture of what the actual program and expenses consist of The Chairman read a report from the Dog Officer regarding com- plaints of barking dogs One is a mongrel Shepherd-Collie owned by John P. Carroll , 31 Allen Street, and the neighbors complain because the dog is barking during the night The Dog Officer has spoken to the Carrolls and has asked them to keep the dog in at night. The other is a St Bernard, owned by William B. McGonigle, 8 Spencer Street, and Mr. Hanson, 905 Massachusetts Avenue has written to the Carroll & Dog Officer six times about the dog being left in the garage with McGonigle the door open and the dog barks during the day. The Dog Officer has Dogs asked Mrs. McGonigle to keep the dog quiet and in the cellar. The Chairman said that once we have received a written complaint, we have to examine the complainants under oath. Do we want another hearing or can the Town Manager examine them under oath? Mr. Mabee Volunteered to get together with Mr O'Connell and examine the complainants. Mr. Legro said that it would be well to have a determination as to who the complainants are It was agreed that Mr. Mabee and Mr. O'Connell are to take care of the complaints against the Carroll and McGonigle dogs. The Chairman read a letter from the Winchester Realty Company offering the land owned by Marco Realty Trust near Winchester Drive, at a reasonable price, for the Green Belt The Chairman said that we have received reports from the Con- servation Commission, the Planning Board and the Town Engineer and Marco there is a question of ownership. He recommended, subject to the Realty thinking of Town Counsel , that a meeting be held with Mr Fitzgerald, Trust Manager of the Winchester Realty Trust, to discuss the offer and if in the final analysis they do own it, we would be interested in buy- ing it Mr Kenney asked if they have specified a price. Mr. O'Connell said that they are willing to offer a price. 102 Mr. Legro suggested that they get all the information they can, especially if we don't have a deed. It was agreed that Mr O'Connell is to set up a meeting with Mr. Fitzgerald of the Winchester Realty Trust and report back to the Board. The Chairman read a letter from Mr. Legro relative to a letter addressed to the Board of Selectmen and signed by Robert L. Fish, Treasurer of Bolt Beranek and Newman Inc., which is as follows "We hereby extend to June 15, 1970 the period within which the Town of Lexington may exercise the option granted to it by Edward H Hinds, Trustee, dated March 17, 1969, upon the terms and conditions set forth in the option, as modified by our letter dated February 27, 1970 to the Board of Selectmen, provided, and this extension is granted upon the condition that it is clearly understood that by the exercise of this option the Selectmen agree to grant to Bolt Beranek Bolt and Newman Inc. a permit to connect at its own expense to the existing Beranek & Woodhaven trunk sewer at such point within the land to be conveyed to Newman the Town as shall be approved by the Selectmen, which approval shall Option not be unreasonably withheld, and subject to the payment by Bolt Beranek and Newman Inc of a customary connection charge. If this option is exercised, Bolt Beranek and Newman Inc further agrees that, upon the installation of the sewer service to conduct to the Woodhaven trunk sewer, the sewer easement reserved in the land conveyed to the Town shall thereby be released except in a strip of land extending a distance of 15' on each side of the center line of said sewer service pipe, and Bolt Beranek and Newman Inc. hereby agrees to execute and deliver to the Town in form proper for record- ing any instrument necessary to evidence such release WITNESS execution under seal this 26th day of May, 1970 " Mr. Legro requested the Board to exercise the option and said that it will be mailed well in advance of June 15, 1970 Upon motion duly made and seconded, it was voted to exercise the option for Bolt Beranek and Newman, Inc granted to the Town by Edward H Hinds, Trustee, dated March 17, 1969 Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Lodge of Elks to use the Battle Green for a Permit flag raising ceremony on Sunday, June 14, 1970 at 9 00 A.M. to 10 00 A.M. The Chairman said that an invitation has been extended to the Board of Selectmen to attend The Chairman read a letter from Mr M Dankese, 87 Lincoln Dankese Street, regarding conditions in front of his property and in front Property of Temple Isaiah's parking lot. A report has been received from Mr Burke and he recommended that his department schedule the work on the grass plot area in front of 87 Lincoln Street after an asphalt curbing has been installed; the area to be loamed and seeded Also, that asphalt curbing be extended beyond this property along the frontage of the Lincoln Street Recreational Area He suggested that arrangements be made with Temple Isaiah to regrade the slope located along their frontage at the parking area to improve vision of vehicle operators traveling westerly on Lincoln Street; sight at this area can be improved to a degree but not to the degree that it will be total The Board agreed to write to Mr Dankese and inform him that there was a drainage problem in this area which would be corrected and as soon as this work is completed, Public Works is to schedule the reconstruction of the frontage area of 87 Lincoln Street and extend along the frontage of the recreational area Mr. Burke is to meet with Temple Isaiah to request they regrade the slope located along their frontage at the parking area The Chairman discussed the notice to be sent to all Boards and Commissions regarding Articles for Town Meeting He said that in the past, misunderstandings have arisen because of the practice of identifying property by its description and/or location but not mentioning its owner; property owners are unaware of the Article and Town Meeting members unsure of the Article's effect Therefore, in order for any Article to be considered proper to be inserted in the Warrant Warrant, all agencies of the Town are instructed to include the Articles name of the listed owners, in addition to the custofary description or other identification date, in the text of the Article. Any Arti- cle not drawn in this manner will not be inserted in the Warrant Mr Legro said that we are still including the Assessors' map reference and the owner' s name The important thing is to locate the parcel so that everybody who reads it can tell where it is Ownerships change and he was afraid of the emphasis being put on the name of the owner because the name can change. The Chairman said that the Articles that came in on Conserva- tion, he couldn't recognize Mr. O'Connell said that he would work with the Conservation Commission for a more organized procedure, such as an early written notice. Many people recognize more by way of the owner than by location The Board agreed that the letter regarding future Articles in the Warrant would be sent to all Boards and Commissions The Chairman read a petition from a group of residents in the neighborhood of Tower Park requesting the assistance of the Board regarding the business being conducted at 1265 Mas$achusetts Avenue. Seasons The petition requests compliance of those conditions stipulated by Four the Board of Appeals, such as the floodlights, entry and exit of trucks, anyl,,the hojir.s of o, Brat i on. The Chairman recognlzed'Dr. Charette, spokesman for the peti- tioners, who said that they would like the Board to help them insure I that the .residential character of the neighborhood be maintained 14 The business advertises that they are open seven days a week from 9 00 A.M to 6 00 P.M. and Seasons Four until 9 00 P.M We would hope they would follow the specifications that the building would be used as in 1968 but believe they have not complied with them; there has been a rather marked expansion and copious advertising of materials not only of the Garden Shop but the handcraft shop and the Christmas shop. They feel there will be a change in the traffic pattern on Massachusetts Avenue and Marrett Road; this was a good residential area and the effect might extend beyond this locality. We advised the Building inspector of the flagrant violations since September, 1968 which is the beginning of the trouble and feel it would be a grave mistake if this present oper- ation is allowed to expand. The Chairman said that the Board of Appeals has received the petition for an amendment of the original permit to extend the hours of operation and maintain the flood lights. The Board agreed not to press for action on the violations, pending the outcome of the Board of Appeals hearing. However., it was agreed that a strong letter should be written to the Board of Appeals placing the Board of Selectmen on record as opposing the granting of amendments to permits when such amendments tend to legalize existing violations, and, specifically, recommending that the Seasons Four petition not be granted. The Chairman read a memo from the Chairman of the Traffic Safety Committee regarding circulation in the center. Mr. Zaleski wrote that the studies of traffic improvement in the center in- cluding Edison Way, bus stops, mail boxes and parking are on the Center agenda of the Traffic Committee Surveys and plans by the office Traffic of the Town Engineer are a necessary prerequisite; their prepar- ation is dependent on the allocation of the available time and personnel . Some members of the Traffic Committee are concerned about the impact of the reconstruction of Massachusetts Avenue east of Waltham Street on traffic conditions in the center. Even. if the design of the "parking bays" is firmly decided upon, other measures such as timing of the traffic signal phases and speeded- up provisions of by-pass routes could be considered. The Board agreed to inform Mr. Zaleski that the Traffic Com- mittee should look into the timing of the lights but as far as a permanent by-pass route is concerned, the Board feels it is not necessary at this time. The Chairman read a memo from Mr. Zaleski regarding the Doug- lass parking lot which enclosed a plan for marking parking stalls Douglass in the rear of 1842 Massachusetts Avenue, which was prepared by Parking the Town Engineer. The Traffic Committee intends to discuss the Lot desirability of installing parking meters in this area with the Chamber of Commerce and the Library prior to submitting -any recommendations The Board agreed that the Traffic Safety Committee should look into the feasibility of installing meters and report back on whether meters are available or would have to be purchased; if so, what they would cost 105 The Chairman read a memo from Mr Zaleski regarding parking on Hibbert Street near Massachusetts Avenue He had talked three times to Mr. Bagelman, who reiterated his contention that all day parkimg by two people reduced the width of the street and they were using spaces which would otherwise be available for his customers. Mr Hibbert Zaleski was unable to arrange a meeting with Mr and Mrs Bagelman Street as she is recovering from an operation. The Board agreed to ask Mr Zaleski to endeavor to set up a meeting with Mrs. Bagelman in order to resolve the situation without changing the regulations that now exist. The Chairman informed the Board that there were two vacancies on the Associate Members of the Board of Appeals. Appoint- Upon motion duly made and seconded, it was voted to appoint ments Haskell W. Reed, 76 Lowell Street, for a term expiring March 31 , 1971 , as an Associate Member of the Board of Appeals. The Chairman mentioned that the Captal Expenditures report would have to be in by July of this year We should have a meeting with Mr. Perry and Mr. O'Connell regarding the new fiscal year. Mr. O'Connell believed that the bill has been passed by one of the branches of the Legislature that it take effect in January, 1972 to June, 1973; we will have one more 12-month budget period. The Board agreed to meet with the entire School Committee and Dr. Fobert on June 15, at 7 00 P.M The Chairman recommended to the Board that a design review commit- tee be set up to look into the whole phase and whole program of under- ground wiring, which is very complicated and will be an expensive operation When we get into a street situation, we will be prepared. Mr. Mabee asked if this committee would make recommendations to Under- the Board? ground The Chairman replied in the affirmative. Wire Mr. Kenney was agreeable to the idea but suggested the Board not Committee II call it a design advisory committee but an advisory committee. Mr O'Connell suggested street modernization cormrilttee. The Chairman said that it should be a 5-man committee and asked the Board to bring in five names for the next meeting. Upon motion duly made and seconded, it was voted to adjourn at 10.08 P.M. A true record, Attest Executive Clerk, Selectmen ai