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?
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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.
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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
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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 ,
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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
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