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HomeMy WebLinkAbout1969-12-08-BOS-min 51 1_ SELECTMEN'S MEETING December 8, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, December 8, 1969 at 7 30 P.M Chairman Citaldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr Legro, Town Counsel; Mr Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer, and Mrs. McCurdy were also present Mr. Heustis met with the Board regarding a request from the Board of Health for a transfer of $ 1 ,000 for a fluorida- tion study Mr. Heustis informed the Board that a study and plans are required for State approval and Whitman and Howard would give a preliminary survey which would include the cost of installing equipment but it would not be a definitive plan, as this would be $4,000 for specifications to go out to bid If this pre- liminary survey is not done until after Town Meeting, we will have lost almost a year We would have two Articles, for a definitive plan and activation of the program; it would be spelled out what equipment is needed. The Chairman asked if any appeal the people would have Fluoridation would be at Town Meeting? Survey Mr. Heustis said yes, the 60 day period has expired where- by people could take out a referendum The expenditure of $ 1 ,000 for the preliminary survey wouldn't be adequate to cover it We may have $ 1 ,000 balance in our expense budget and, if feasible, you could authorize the Board of Health to expend this. The Board of Health wouldn't spend this without the ap- proval of the Appropriation Committee, without the legal author- ization of the Town The Chairman said that he could see serious problems with the Air Force if the people of Lexington wouldn't pay the bill for them Mr Heustis said that he had a letter from them saying they have no objection. Mr Mabee asked if when the Air Force wrote the letter say- ing they had no objection, did they offer to pay the costs? Mr Heustis replied no, they didn't know how many gallons they would supply annually The Chairman said that it would be a substantial percentage Mr Heustis said that a vast amount of water is used for industrial purposes, all chlorinated They had received a letter from Mayor White stating that the MDC would supply water for all surrounding towns Mr Mabee asked why the Board of Health recommended fluori- dation a year ago? 512 Mr Heustis said that we had it under advisement when fluoridation passed The Commissioner of Public Health for the Commonwealth was to notify the local Board of Health and our own Board did take action within 1month afterwards We heard from the Commissioner but some Boards didn't as the information didn't come to them. The Chairman said that if this Board and the Appropria- tion Committee give you $ 1 ,000 and it goes to Town Meeting and is defeated, we have wasted $ 1 ,000. Let it go to Town Meeting and let them decide to spend the money It would be the same thing as the Lexington "res." Town Meeting members know whether or not they want to get into fluoridation. The advantages and disadvantages would not be a result of this study Mr Heustis asked if Mr Legro had any comments. Mr Legro replied that he had none this evening but would be glad to look into it. It was agreed to refer this to Town Counsel for his opinion on the use of the balance of funds in the Board of Health accouit and the statute regarding the referendum. Mrs Frankovitch met with the Board to discuss plans for peace action and requested permission to pass out peace leaf- lets to shoppers in the center on December 12 and 13, 1969 Peace On Christmas Eve, they would like to march on the Green with Action candles; she was not sure of the time as they were trying to coordinate this with various religious services The Chairman said that the Board had no objection to passing out the leaflets but would not want to have them strewn around town The Board must be informed of your plans for the Green and the exact time Mrs Frankovitch agreed to let the Board know Mr Gray informed the Board that a letter has been re- ceived from Mrs Woodward regarding the use of the former Hennessey land by the 4-H Club Mrs Woodward states that in the event a permanent ring is erected, they could have an open horse show in the spring; mounted meetings each Saturday; Hennessey practice and schooling of individual horses; all activities, Land with the exception of individual ring riding, would be super- vised; most families carry comprehensive liability insurance covering the horse and a statement could be requested from each family showing whether the horse is adequately covered Mrs Woodward said that these activities would be more of less duplicated by the Lexington Light Horse Club The Chairman said that he would have reservations about renting to private people but see what they have to say. 1) I I IIIMr. Greeley asked if he would have similar reservations offer- ing it for sale? The Chairman said that we would have to go to Town Meeting Mr. Gray is to talk with Mrs. Woodward Mr Gray informed the Board that the Comptroller requests approval to have the payroll for the week of December 26 in- clude all regular pay through December 31 ; the payroll for Janu- Payroll ary 9 would include January I and 2. The Board had no objection as long as all employees are notified Mr Gray said that Mr Cole will be here to report on the meeting with the MBTA on the Middlesex and Boston subsidy to keep it running past June, 1970 The outcome of the meeting was to appoint a steering commit- tee and Mr Cole is the Lexington representative. They called a meeting on Thursday and they formed another committee of three which included Mr Cole to meet with the directors to find a method of financing the system The Chairman asked if they are going to do anything about the Middlesex and Boston or is that a separate issue? Mr Gray said that it was a separate issue; the Manager of Newton said that Newton would pressure it to keep the M & 6 MBTA When they passed the June date, some were vocal and some were non-committal ; we did not commit Lexington Mr. Cole told them some alternative method would have to be found The Chairman said, before we commit ourselves for that kind of money Mr. Cole came into the meeting, He said that, basically, we agreed to have the 3-man committee visit with the Chairman of the Board of Directors to plead our case for the continuance - approaching with the idea that new ways must be found to finance the subsidy of the M & B The Chairman asked if there was a breakdown of the cost of how our money was spent? We must make an evaluation; this year $200,000 and next year $300,000, there must be justification or alternate moves. We can't go at this rate for the service we are getting. Mr Cole said that no one can, we have to have better ser- vice and we are working on that too We have reqched the point where we must find a new structure on transportation, the whole thing The Chairman said that he was saying we don't want to com- mit ourselves for the continuance of the M & B if it cost us $ 100,000 for a couple of buses. Could we supply the same ser- vice in another way for half the money? Mr. Cole said it was his understanding if the M & B should go out of business, if the subsidy stops, the MBTA would be 5i4 forced to provide service for these areas. They must provide it, this area cannot do it with this subsidy. It would cost more for the MBTA to take over; if forced to give the service, we would be forced to pay the deficit General Counsel said there is no method in the legislation to get out of it; the only way would be an amendment filed with the legislature. The Chairman said that he hated to think of what we are faced with Mr Cole said that the only way is to be vocal and plead- ing for a much larger structure, we need support of another way of financing They said to the Board of Directors to cut expenses and they have until June I don't feel they will do it The Chairman said that the Board would like to have him keep us informed as you are going along. I think it is impor- tnat we take gas money from the gasoline tax If it comes up in the constitutional convention, exert your influence. Mr Mabee said that he would like to see how many peopie in Lexington are served Mr. Cole replied there were not too many. The Chairman thanked Mr Cole for meeting with the Board Mr Cole retired from the meeting At 8 00 P.M , hearing was declared open in accordance with the provisions of G L Chapter 131 , Section 40, Hatch Act, re- garding a notice of intent to alter certain inland wetlands of Joseph Prestijohn located on Bedford Street near the intersec- tion of Eldred Street The Chairman informed those present at the hearing that Prestijohn the Board can only make recommendations to the Department of Hatch Act Natural Resources; they have the final say Mr Richard Kraske, representing Chalet Susse, was present and said that they are basically proposing to scrape an average of 2 feet and fill it to 98 feet The Chairman asked if the brook goes through any part of this? Mr Kraske replied, no, we will have easements. Mr Greeley asked if after he filled, did he propose to pave? Mr Kraske replied, yes We will have 64 and 56 units but will build the first 64 units and fill the whole area We are going to start as soon as possible, as soon as we get the build- ing permit. We are going to stockpile in back and then we will remove it; it will be clean fill Mrs. Briggs, 2 Hadley Road said that you mentioned scraping, how much? Mr Kraske replied, 2 feet, they will put a bulldozer down, we are going to fill very close to the street level using a benchmark on the street, it is 100 feet and we are going to bring r✓ Tarr V it up to 98 feet and then a gravel base; it is now about 92 feet The Chairman said that in other words you are going down to hard pan Mr Kraske replied, right Mrs Wheaton, 5 Hadley Road, said you say that the level is 100 feet, so the numbers you have on the other don't pertain to the surrounding land; if the water runs downhill are the number relevant? Mr Kraske said that our numbers are relative to 100 feet; our 100 feet is an assumed point Mrs Wheaton asked if he means sea level? Mr Kraske replied, no, I am not an expert Mr Mike Emerson, Consulting Engineer, said that it has been picked as an assumed elevation of 100 feet; for all intents and purposes, it is immaterial The Chairman said that what they are saying is, Bedford Street is a given grade and this is below, they will build 2 feet to slope the back The side slopes are 99 to 92, Bedford Street has a grade of 2 10 and this is 2 02. They are going to scrape 8 feet below and fill it to 2 feet Mrs Wheaton asked, don't the sides of the property other than Bedford Street come in here? The Chairman said, if there is a brdidk. . Mrs Wheaton said there is The Chairman said they are going to slope to the brook. It is 99 to 92, a 7' patch, if a brook were going through this, we wouldn't let them fill it. Mrs. Smith asked if the plan shows how close to Simonds Road the brook is? Mr McSweeney said the brook is about 120' away Mrs Smith asked if they were putting any drainage in this area back to the brook? Mr Kraske said the drainage will go in. Mrs. Smith asked if he owned to the brook? Mr. Kraske replied, no Mr. Greeley said that he had said he had drainage easements across the end, is it your plan to drain the entire filled area to the brook? Mr. Kraske said it was, unless the engineers would have a different plan and we would go along with them The Chairman asked if there were any other questions. Mr. Sussman of the Conservation Commission said that since there has been quite a bit of peat removed and replaced with solid fill and since he believed the eventual drainage on this land will be into the brook, he would like to ask if thought had been given to holding back the water through any means at all by basins? He asked how many acres of asphalt will be added to the land? Mr. Kraske showed a plan of the general area and said it was probably about 3-k acres; the total site is 5 acres. The Chairman said that 3i acres would be 60% Mike Emerson, Consultant, said that the peat is immaterial , Pw 4t_b whether it is removed, it has been saturated in the past and the material will remain saturated The Chairman said that the answer is how much is covered with asphalt and rough graded; as I look at it, it will be about 4 acres to be covered. Mr Friedman, 176 Grove Street, asked you don't have any control over the brook? How do you assure that the flow is going to continue on Bedford Street rather than across HadPey Road Mr Kraske said that the Engineering Department assures me. Mr McSweeney said he didn't say that; you were going to present us with more information on how you were going to drain this. Mrs. Wheaton asked do I understand the drainage is 0 K as far as the Engineer is concerned? Mr. McSweeney replied that the drainage is, how they are going to get rid of it hasn't been resolved yet. Mr Kraske said as he understood it, the concern is the pipe going out was not large enough and this is the only thing you wanted to change. Mrs. Briggs, 2 Hadley Road, said her understanding is re- moving the peat and filling will change the equilibrium with the ground water that flows through that area; if so, what assurance can we have thatrtbe slowdown of water will not cause a backup on the other side of Bedford Street? Mr Kraske couldn't answer that, but it has been pointed out to him that this would not occur Mrs Briggs said she would like to see some sort of a guarantee. The Chairman declared that part of the hearing closed. The Chairman asked if anyone is present in favor of this proposal? No one was recorded in favor The Chairman asked if anyone is present in opposition to this proposal? The following were recorded in opposition Mrs. Phyllis E Thomas, TMM 55 Ivan Street Raymond E Murphy 443 Bedford Street Mrs. Iris G Wheaton 5 Hadley Road Graydon M Wheaton 5 Hadley Road Manfried Friedman 176 Grove Street Ann M Briggs 2 Hadley Road Winslow R Briggs 2 Hadley Road The Chairman declared the hearing closed, Recommendations will be received from the Conservation Commission, Planning Board and the Engineering Department; after receipt of these, the Se- lectmen will write a letter of recommendation to the State Depart- ment of Natural Resources. Mr. McSweeney informed the Board that we have been trying for a year to get electricity in our pumping station. The State would not allow any more poles on the State highway and wants us to go underground Boston Edison' s proposal is coming from Waltham Street with 23 poles Coming underground with 4 manholes would cost $4600 in wiring and another $4,000 in duct work, they would run conduit at a cost of $4600 It is okay with the State as long as it is underground Edison wants to own and maintain these manholes and I don't think we should pay $8600 Mr Kenney asked what is their purpose to become owners? Mr McSweeney replied that they say this is the way they write their contract, but they will come all the way from Waltham Street for nothing We have been talking underground and the question is, do we feel we want to go along Hayden Avenue at no expense? The Chairman said that he would not want to see any more Boston poles on Hayden Avenue, they should set it up with a master plan Edison to go underground for the pumping station. Mr. Greeley asked doesn't the new statute allow us to say to go underground? The Chairman said that if we raise the rate 2%, nobody knows what we add that to Mr Gray said that it read, for a given street it would be 2% on that street The Chairman said that we have said it would be underground in our subdivision, they are saying we will go underground as long as you pay the bill The Board instructed Mr. McSweeney to go back to Boston Edi- son and tell them to go underground and we want them to own and maintain. If they have any question on what point we participate, tell them to come in and talk with us Upon motion duly made and seconded, it was voted to accept the resignation of Mrs Mark Moore as Associate Member of the Resigna- Historic Districts Commission tion Upon motion duly made and seconded, it was voted to appoint Appoint- E. Sherman Hail from Private to Lieutenant in the Lexington Aux- ment iliary Fire Department The Chairman read a letter from Mr Holland informing us TMMA that a TMMA meeting will be held on December 18, 1969. Meeting Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incorporation Cert of Incorp Ida Krebs 453 Concord Avenue Mark Moore, Jr 1984 Massachusetts Avenue Rudolph J Fobert 25 Winthrop Road "Krebs School Foundation, Inc " aL Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on November 24, 1969 Upon motion duly made and seconded, it was voted to sign the li- Common cense for Common Victualler for Minute Man Buffeteria, 316 Marrett Victualler Road, subject to approval of the Board of Health' s final inspection License to be made this week Upon motion duly made and seconded, it was voted to sign the Chap. 90 Memorandum of Agreement with the State for Chapter 90 funds to re- Lowell St construct 1822 feet of Lowell Street, in the amount of $26,200 Mr Kenney discussed the Town Office Building. He said that a meeting is scheduled before the Historic Districts Commission for Wednesday, December 10 We are facing the problem of great incon- venience as we will have to get out of this building while it is being remodeled The Architect prefers that this building be vacated and the addition be constructed simultaneously; I point out that his construction estimate was based on that premise and if he is facing it being done in two or three sections, he will run into a figure as high as $50,000 The Building Committee is looking into alternatives such as putting some in Cary Hall and in the Barn We will be ap- Town proaching the Board with recommendations and alternative suggestions; Office we are going to make a decision by January I . We are meeting this Building Thursday morning and in preparation for the meeting, the Town Engi- neer is surveying Cary Hall and investigating the possibility of rental of new property One person suggested a one-year lease on whatever alternatives we choose will cost us money and inconven- ience for one or two years The Board agreed that Mr Kenney is to have the first meeting and come back to the Board with recommendations. 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 interest of the Town, or the reputa- tion of any person After discussion of matters of financial and legal interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10.30 P M. A true record, Attest �J C,1111/ Executive Clerk, Selectmen v C,; f