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HomeMy WebLinkAbout1970-05-04-BOS-min 77 SELECTMEN'S MEETING May 4, 1970 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, May 4, 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, three jurors were drawn as follows Jurors Jack A. Arnow 8 Thoreau Road Ronald M. Feinberg 7 Hathaway Road Norman R. Maclnnes 37 Normandy Road Hearing was declared open upon petition of the New England Tele- phone Company to lay and maintain underground conduit on Hartwell Avenue. Notices of the hearing were mailed to the petitioner, owners of the property as listed on the petitioner' s plans and also filed with the Town Engineer. Mr. Robert Dunn, representing the Telephone Company, was present and explained that this petition was to provide service to two new Under- buildings under construction on Hartwell Avenue At the present ground time, we have a manhole but if we build a manhole in front of Hew- Conduit lett-Packard Co. we can service the two new buildings; we will con- Hartwell struct this manhole over the existing conduit. He understood that Avenue this work would all be done on the grass plot The Chairman declared that part of the hearing closed. The Chairman asked if anyone was present in favor of the petition. Mr Mike Murphy was recorded in favor No one appearing in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following location Hartwell Avenue In front of Hewlett-Packard Company sidewalk area one manhole, 54/I19A, to be built over existing conduit From new manhole 54/ II9A, southwesterly and then easterly, approximately 440 feet of underground conduit From new man- hole southwesterly, approximately 140 feet of underground conduit. The Chairman informed the Board that on March 23, the Boston Edison Company had petitioned for underground conduit on Waltham Street and the Board voted to take it under advisement until :an answer 78 was received regarding poles in front of 758 Waltham Street. Mrs. Underground L'Antigua was recorded in opposition at that hearing until this Conduit situation was cleared up Waltham St. We have received a letter from the Boston Edison Company that the equipment has been transferred to the new pole and the old pole removed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following Location Waltham Street, approximately 96 feet south of Blossomcrest Road, a distance of about 55 feet - conduit. The Chairman read a letter from James Collins, Welfare Direc- tor, asking for approval of a transfer of $600 from the Bridge Bridge Charitable Fund to pay for needy children at summer camp. Charitable The Chairman said that the Trustees of Public Trusts have re- Fund quested that the names of the children be included in the request. Transfer Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts for a transfer from the Bridge Char- itable Fund in the amount of $600 to pay for needy children at summer camp, Mr. Collins will be requested to supply the names of the children to the Trustees of Public Trusts. Upon motion duly made and seconded, it was voted to grant per- Permit mission for a procession from the Masonic Temple, Bedford Street side, to the Church of Our Redeemer on June 7, 1970 at l045 A.M. Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Field and Garden Club to hold the annual Permit plant sate on Thursday, May 21 , 1970, at 10 00 A.M. to 12 N. on the Buckman Tavern grounds, subject to the usual restrictions of the Superintendent of Public Works. Mr Greeley asked how many times the Buckman Tavern grounds could be used without hurting the lawn? Buckman The Chairman said that to the extent it is being used now, Tavern there is not that much damage, but if we receive many more requests, Grounds there might be considerable damage to the grass as it has recently been re-seeded. Mr. O'Connell is to check with Public Works and set up rules and regulations on the use of Buckman Tavern grounds. Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen's Meeting held on April 21 , 1970. The Chairman read a letter from Colonial Builders, Inc re- Colonial questing the approval of a sewer profile plan for Garfield Street Builders at the intersection of Hickory Street, and to grant permission to connect to the Lexington sewer system, in accordance with an at- tached plan and by licensed drain layers. The Chairman read a memo from the Town Engineer stating that he finds the proposal acceptable from an engineering standpoint but Garfield Street is a private way and the Town is an abutter to the proposed easement located in Garfield Street. The legal ramifica- tions of a project of this nature should be clarified by Town Coun- sel . We are corresponding with Town Counsel to resolve these questions and to establish a legal precedent to follow in the event that similar situations arise in the future. He enclosed a map showing the proposed easement and the limits of the public way Mr. Legro said that this is something that has been pending for several years; there are problems with owners getting the neces- sary easements and a problem with the sewer on Hickory Street by the subdivider. The Chairman addressed Mr McSweeney and said that as he under- stood it, they had to get the necessary easements. Mr. McSweeney said that the manhole is at the intersection of Hickory Street and Garfield Street and it would be feasible; the question comes on the easements and the right to be in the street. They say in their various letters that they own the property but the one piece they don't own, they have the right from the owner to sewer all these properties and have an agreement with them and will file for the necessary grants and easements, but Mr Legro will say whether they have the right to build it in the 40 foot right of the street and grant it as a utility easement Mr. Legro said that one of the questions is whether they own the fee or have easements in the street, so they can grant them The Chairman asked if they want to go up Garfield to Hickory? Mr. McSweeney replied in the affirmative. The Chairman said that the Town owns two lots across the street; how could the owner say they could grant us the easements3 Mr McSweeney didn't knew how they could, either. Mr. Legro said that is one of the questions - whether they do own it to the center line of the street. The Chairman asked how we could get it resolved? Mr. Legro said that it is their burden to show that they do own it The Board agreed that Mr. Legro is to draft a letter for the Chairman's signature in answer to Colonial Builders. The Chairman read a letter from Ronald Feinberg, 7 Hathaway Road, stating that due to the building of new homes on Brent Road by Castoldi Construction Company, the water table in the area has Feinberg risen to a point where homes in this area are not getting water in Basement basements. Originally, a culvert was supposed to be built under Water Brent Road to allow the water to go from the left side of Brent Road into the brook on the right side and this was never done; if it had, he thought this would have solved the problem. The Chairman said that a similar letter has been received from Robert Smith, 9 Hathaway Road Mr. McSweeney said that these areas are being surrounded by development of homes and the water is being trapped and there is no place for it to run off; the water table has come up do the last six to eight months in Lexington, and someone should have piped it They ,just buy the home and how the sills are finished off is left to the discretion of the builder. Mr Greeley felt we ought to be pretty careful before we make statements, as serious engineering statements, that you have to expect the water table to rise when you increase develop- ment; he didn't agree with Mr. McSweeney. They say in their letters if steps had been taken to improve the runoff and cite the culvert, we ought to be sure to say correcting the natural water courses won't help it. Mr McSweeney said that he is saying there are no water courses there and if the sills were high enough plus if they had contoured their finished land, they should have made provisions to take the water away This is a typical problem, they talked of a sidehill drain; we don't have anything in our regulations, no sill or, in some cases, driveway elevations There is no relationship between construction of the road and the lots; that has nothing to do with us. Mr. Greeley agreed it was a good point; he thought it had something to do with the Planning Board. Mr. Kenney said they are .b'leigring, this on Casto i d i ; that was practically a swamp and there were no water problems earlier. Mr. McSweeney said there was no enforcement after these people come in with developments The Chairman said that Mr. Feinberg says he has been writing in for two or three years Mr. Kenney said that the fact is, their houses were not properly raised with the street Mr. Mabee asked if it could be corrected? The Chairman said that Mr McSweeney has made this recommend- ation to the Planning Board. Mr. Greeley said that there is no natural course that leads away from them so the only way is for them to go into the storm drainage system. Should we investigate the possibility of clean- ing out that brook? Mr. McSweeney thought we answered the question of the culvert. The brook does need cleaning. The Chairman asked if it was the feeling of the Board to ask the Town Manager to have the brook cleaned? Mr Greeley suggested that it be looked at to see if it needs it Mr. Mabee suggested that they ask the Town Manager, Town Engi- neer and the Health Department to revise our regulations so that houses are not to be built that way. Mr. O'Connell felt it was a most serious matter and ought to be pursued. ' 81 Mr Greeley said that he would refer to the Planning Board the problem of revising the regulations on sill elevations. Upon motion duly made and seconded, it was voted to instruct Mr. O'Connell , Town Manager, to have the brook at Hathaway Road and Brent Road cleaned Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the liquor identification card for Maureen I .D. Card Campbell, 8 Grandview Avenue. Upon motion duly made and seconded, it was voted to sign: the Auctioneer Auctioneer's license for John Brucchi , 63 Paul Revere Road. License The Chairman read a letter from the Town Manager recommending the approval of the Board of Selectmen of the appointments to the Board of Board of Health and Conservation Commission. Health Upon motion duly made and seconded, it was voted to approve, under Chapter 753-Town Manager Act, the appointment of Dr. Charles E. Appt Ellicott as a member of the Board of Health for a term expiring on Board of April 30, 1973 to replace Dr Charles Colburn. Health Upon motion duly made and seconded, it was voted to approve, under Chapter 753-Town Manager Act, the appointment of Dr. Howard M. Kessler as a member of the Conservation Commission for a term ex- Conservation aiming April 30, 1973, to replace Frank H. Totman; also Francis W.K. Commission Smith as a member of the Conservation Commission for a term expiring April 30, 1973 The Chairman said that we have an appropriation of $45,000 to purchase part of the Steeves' property on Utica Street, authorized by Town Meeting for general purposes. At that time, it was 10 9 acres at $4,000 an acre We had a survey done and found it to be 11 .5 Transfer- acres. We are $ 1 ,000 short to consummate the acquisition and have Steeves' to request a transfer of $ 1 ,000 Land Mr Kenney asked if that would be enough for legal fees? Utica St. The Chairman said that we will have to come back when the papers are finally passed and we need a tax adjustment figure Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer in the amount of $1 ,000 for the purchase of the Steeves' land on Utica Street Mr Kenney informed the Board that he had been approached by the proponents of the minority group regarding the Town office building, to come up with an adequate program after the contract is signed and Minority to set up a meeting with LCSR, Mr Michelman and me to discuss a pro- Group posal If this proposal took a little money, would we consider going Town Office back to Town Meeting? We didn't know what we were going to ask, but Building certain people in Town are looking for some sort of concrete step Without the program right now, it is so nebulous and amongst ourselves we could set up a program. 82 The Chairman said that you have to take the approach that you can't wait for a Fall Town Meeting. The Board agreed that Mr. Kenney would meet with the Town Manager, Mr. Greeleyand Mr. Michelman to discuss the proposal , 9 P oP and meet with the contractor after the contract was signed. Mr Greeley asked if anything had been done about the appoint- LCSR ments to the Lexington Commission on Suburban Responsibility? The Chairman said that the appointments will all be made at the same time 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 reputation of a person. After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to sign the Steeves' Order of Taking as authorized by the June 3, 1968 Town Meeting, Land Article 9, for playground purposes; with an award of damages based on the area as shown on the plan, at $4,000 an acre, in the amount of $46,000 Upon motion duly made and seconded, it was voted to sign the Steeves' Order of Taking for Conservation land, as authorized by the March Land 18, 1968 Annual Town Meeting, Article 69; with an award of damages based on 16.7 acres in the amount of $66,800. Whitman & Upon motion duly made and seconded, it was Voted to sign the Howard contract between the Town and Whitman and Howard, subject to the Contract corrections to be made by Town Counsel . Upon motion duly made and seconded, it was voted to wire the Governor that the Selectmen are gravely concerned about Bill S- 1282 Bill and recommend that he veto this ill-considered piece of legislation S- 1282 for arbitrary rates of compensation for Police and Fire Chiefs as percentages of pay of full time staff members Upon motion duly made and seconded, it was voted to adjourn at 9 30 P.M. A true record, Attest 40.4,4,... --)2 0/1 Executive Clerk, Selectmen %9461. L.