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HomeMy WebLinkAbout1969-11-10-BOS-min v 471 IIISELECTMEN'S MEETING November 10, 1969 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, November 10, 1969 at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr. Legro, Town Counsel ; Mr. Gray, Executive As- sistant, Mr. McSweeney, Town Engineer; Mr. Wenham, Assistant Superintend- ent of Public Works, and Mrs McCurdy, Executive Clerk, were also present The Chairman informed the Board that a meeting should be scheduled with the School Committee, the Appropriation Committee, Capital Expend- Lexington itures Committee, the Planning Board, and the Permanent Building Academy Committee to discuss the Lexington Academy Property. Property Mr. Legro informed the Board that he had just received, but had not had a chance to review, the Zani Excavating contract for the two tennis courts at the Center Playground; a quick look indicates the wording is not proper under the statute on the payment bond and the insurance certificates are not here Mr. Gray explained that Mr Zani , had been informed by Mr Burke III that the subcontractor, Putnam Contracting Company of Connecticut, must obtain a certificate from the State, indicating that the firm is quali- fied to do business in Massachusetts Mr Zani came in to see Mr. Burke to inform him that he had received a verbal quote of $3,440 from Putnam for the work to be done but the final written quote was $6575. Zani Mr Zani feels that he could not possibly perform this contract with- Excavating out a severe financial loss and hopes that the Town will be willing to Contract relieve him of his obligation Mr Legro said that the letter sent by the Selectmen to Mr Zani gave him until 4 30 P.M today to get the instruments in and failure to comply would result in the bid deposit of $500 being retained by the Town Mr. Gray said that he had talked with Mr. Zani and his new attor- ney today, Mr Zani said that he had not received the letter until last Friday, he plans to go ahead with the contract, when asked if he would get another subcontractor from Massachusetts, he said that he didn't know, but the other one is out The Chairman asked if Mr Zani had signed the contract; Mr Zani wants to go forward with the contract which we have awarded to him. Mr. Legro said that Mr Zani had signed the bond and the form in- cluded in the contract documents; the security wasn't furnished The Chairman asked about the time limit? Mr. Legro replied that the time limit was not filled in on any copy he had. The Chairman said that if we sign, we would have to fall back on III I 4 i this contract to enforce; with no time limit how could we enforce it? We could wait a week; we could let him off the hook and give him his money back; or not give him back the deposit by reason of default Mr. Bailey felt that it would be cheaper for the Town to give him the $500 and get out. Mr. Mabee agreed. Mr Kenney said that, substantially, he complied, we can argue now to keep the money, but he didn't feel that he wanted the courts built by Zani . Mr Mabee agreed Mr. Kenney moved to reject the bid and give back the $500 deposit Mr. Bailey seconded the motion. Mr. Legro said that a vote is needed to rescind the awarding of the contract to Zani . Upon motion duly made and seconded, it was voted to rescind the vote of September 22, 1969 to award the contract for two tennis courts to Zani Excavating Company, in the amount of $ 13,300 Upon motion duly made and seconded, it was voted to return the bid deposit check of $500 submitted by Zani Excavating Company Upon motion duly made and seconded, it was voted to grant per- K of C mission to the Knights of Columbus to serve liquor until 2 00 A.M on New year' s Eve Mr Gray informed the Board that a letter has been received from Steven' s Market on Waltham Street requesting permission to park two trucks in the rear of the store. The Chairman asked how long the time limit is now? Waltham Mr. Gray said that, basically, it is for loading and unloading, Street the police are tagging the trucks now Parking The Chairman didn't feel that permission should be granted to Lot stay there all day but something should be worked out to make it easier for them It was agreed that Mr Gray is to talk with Steven' s Market people to resolve the situation Mr Gray informed the Board that a letter has been received from Warren Hill requesting a permit for a parade on November II , 1969. Permit Mr Gray discussed it with Chief Corr and he has no objection Upon motion duly made and seconded, it was voted to grant permis- sion to Warren Hill for a small parade on November II , 1969 At 8 00 P.M , hearing was declared open in accordance with the provisions of G L Chapter 131 , Section 40, Hatch Act, regarding a Jo-Jen notice of intent to alter certain inland wetlands of the Jo-Jen Realty Realty Trust located at the junction of Marrett Road and Middle Street Robert Cass, representative of Jo-Jen Realty Trust, was present and showed a map of the area 47® ✓ The Chairman explained that the Board will listen to the various comments and recommendations and will then make recommendations to the Department of Natural Resources Mr Fowle, Planning Board, said that they had not received a proper notice of the hearing and have no further information about this, he could not make comments and would like to have time to study it. The Chairman said that we wrote to the Planning Board and we should take into consideration the recommendations of the Planning Board; we will wait for your comments before we write to the DNR Mr Fowle asked if lots 20, 22 and 23 are going to be filled? The Chairman replied in the affirmative Mr. Fowle asked if this lowland drains into the Cambridge or Lexington reservoir, it is his understanding that it drains into the old "res." The Chairman said that it drains in to the old "res " James Koerner, 565 Marrett Road, said that he knew nothing about this hearing until hours ago, he felt there is a better way of letting people know. The Chairman said that we could take the time to notify the abutters but we have used this method of notifying the people by a legal notice in the newspaper. Mr. Fowle asked if someone is going to say what is going to be done by raising or elevating the property? Mr. Cass said that the Planning Board has received the prelimin- ary profile, the existing grade is 244 and it would probably be filled to 246 tapering to 244; the road would be the deepest portion. The Chairman said that the road, itself, will not be in the area. Mr. Greeley asked if they expect to fill the back yards? Mr Cass said essentially, the back yard lots 23 and 22, lot 20 would be the entire lot Mr. Friedman asked if he could describe how much it will raise the level as it now exists? Mr Cass said that the swamp, itself, is going to remain essenti- ally as to some two acres of land which is the swamp, with the exception of the portion I have described, the only thing done to it will be to provide for some drainage trench through it so that the water passes from the beginning to the slightly less at Route 2A, where there is a pipe going under the street; a fairly small portion of the total of 91 ,500 sq ft that would remain open land of what originally was 133,000 sq. ft ; 91 ,000 sq ft will remain essentially as it is. James Jones, 45 Middle Street, asked at what level the three lots would be that are now part of the swampland? Mr Cass said that they would be raised on the average of 2' to 4 feet Mr. Friedman said that it seems to him that those who live on Lincoln Street would be subject to flooding; there are 3' of water in the swamp now with the drains, a raise of 4' might be a difficult thing to handle once it changes the travel area. J4 4 Mr Cass said that the present pipe under 2A appears to be in- adequate; the Department of Public Works is now looking into that. Evidently, whether it is filled or not, that the pipe is going to have to be increased does not have to do with fill ; it is just as inadequate as it now stands A gentleman said that insofar as flooding comes in the spring when the ice is beginning to melt, in the past the drain going under Marrett Road has been blocked and has raised the level quite substantially to a depth of 4' or 5' in the lots that are to be bui It Mr. Cass said that our current information is that the pipe is blocked now Mrs Drew, 549 Marrett Road, asked where does the pipe go be- tween 549 and 547 Marrett Road? Mr Cass said that he was not sure, there is a pipe between the two houses and it is being examined by the Town Engineer. A woman asked if this is both Napoli farms? Mr Cass said that this is what was called the Idlywilde Farm; Joseph Napoli was trustee for Idlywilde Farm and this is not the same as Thomas Napoli A gentleman said that, recently, some excavation work was done from one side of Middle Street to the other; there is a drainage problem on the left side and he wondered if that has been taken into consideration? Mr Cass said that all he knew was between that point where they are actually working and the point at the beginning of our land is the high spot separating the drainage system The Chairman asked if anyone was present in favor of the pro- posal% Hearing none, the Chairman declared that part of the hearing closed The Chairman asked if anyone was present in opposition to the proposal? The following were recorded in opposition Manfred Friedman 176 Grove Street ' Alton Armington 525 Marrett Road Faith Armington 525 Marrett Road David Drew 549 Marrett Road Billie Drew 549 Marrett Road George Devlin 555 Marrett Road James Koener 565 Marrett Road Reginald Hall 84 Middle Street Vaman Bawdekar 322 Lincoln Street James Jones 45 Middle Street Paul Peterson 328 Lincoln Street Robert Decker 52 Middle Street George S and Harriet Silverman 30 Middle Street I 47 r June Hall 84 Middle Street Jane Gharabedian 17 Cary Avenue The Chairman said that our position is, it is strictly a recommend- ation of the Board to the Department of Natural Resources, we do not have the final say The Conservation Commission, Planning Board and the Town Engineer will send us their recommendations and we, in turn, will submit them to the Department of Natural Resources Mr Gray read a letter from the Town Engineer recommending the pro- posal by the Jo-Jen Realty be approved, subject to the condition that all fill to be used shall be clean fill containing no trash, refuse, rubbish or debris. The drainage in this area will be subject to approval under Subdivision Rules and Regulations of the Town of Lexington. Mr George Silverman said that he would like to say the only reason for the opposition is, this hearing is devoted to the particular effects of the inland wetlands and we haven't heard what is going to happen. Having it explained what is going to happen to these waters that are ac- cumulating on the portion of the subdivision, they are not convinced that it would have any effect; most of the people are opposed to raising the level The only recommendation we have heard is from the Town Engi- neer and he would like somebody from that office to explain what the controls are The Chairman said there is no final design of the subdivision, the Planning Board would not approve unless adequate drains are installed and they must be adequate and sufficient to take the surface and road drainage to the "old res " Until there are final plans, we can't tell you what the design is going to be The Town Engineer is saying, if approved he has the final say as to how the drainage system is going to be designed. Mr Cass said that the Planning Board is required by law to hold public hearings and notify by mail all the contiguous property owners and this will be done when all the problems are ironed out, we are com- plying with the requirements of that statute Mr. Silverman is putting the Selectmen in an embarrassing position. Mr. Silverman said you had 30 days prior to the commencement of the work The Chairman said that Mr Cass will submit his drainage system as he has designed it and our engineer will accept or deny it; regardless of other recommendations, our Town Engineer has the last word. The Board will take this matter under advisement and will get recom- mendations from the Conservation Commission and the Planning Board. Mr Fowle said that it would be interesting to me to see why it is opposed, just stating opposition has no great meaning The Chairman said that they will have their say when you have the open meeting We are saying how the water is going to be handled, what will happen to the water as an inland waterway and if we can guarantee that the water won't hurt anybody; this is the intention of the Hatch Act I think we are going beyond the intent of the Hatch Act The Chairman declared the hearing closed ti The Board will await the recommendations of the Conservation Com- mission and the Planning Board Mr Gray informed the Board that last week two bids were received on tax title land on Valleyfield Street and the Board had asked him to do some checking on them One of the provisions was that the lot must be combined with the abutter' s lot Mr Luongo bid $ 1500 plus better- ments and land court fees and Mrs. Domings bid $2,000 Mr Gray had talked with Mrs Domings and had asked her why she would bid on a separate building lot Mrs Domings felt she had a right to bid as she had bid on the 100' lot three years ago and there had been other bidders and the Town had rejected the bid; there were two more lots there that the Town owned Mrs Domings was present and said that whoever bought the 100' lot would take the one next to it In 1965, she had bid on both of Valleyfield them and Mr. Luongo knew this What is to prevent him from being an Tax Title abutter to the 100' lot, he has a much better chance of getting it She bought one lot but we can't build on it because you made that stipulation. The Chairman said that you knew that when you bought it These are lots that were approved for subdivision before our zoning by- law. Mrs. Domings thought that Mrs Hooper should buy the lot, there is a 50' easement next to the house and pipes run through there and you can't build on it Mrs Hooper has the easement on her property Mr Kenney said that last week we were concerned whether or not the price was fair He had walked it and had concluded that $ 1500 plus $800 for betterments was a fair price. It could be, in relation to the stipulation, we should look again; he didn't know about the easement Mr Domings said it may result in another 50' lot Mr Kenney said that we would never allow him to take the other 50' and build on it Mrs Domings asked if we don't get this lot, can you eliminate the stipulation that we can't build on the lot next to us? The Chairman said if she had accepted the deed with that stipu- lation, only Town Meeting can changEit; you have to insert an Article in the Warrant We will take a look at the package and let you know. Mrs Domings left the meeting Mr Wenham said that the Board had approved on October 27, 1969 the classification change of Charles Walton from Laborer, Grade W2- Step A to Tree Climber, Grade W4-Step A, effective October 27, 1969 Public He requested that the effective date be changed to September 29, 1969 Works as Mr Walton would not receive a step raise until April I , 1971 , and he has been climbing for over 6 months and has done a good job Mr Wenham feels that making a man wait this length of time for a step raise is unfair, especially if the man is doing the work expected of him. The amount of retroactive back pay from October 27, 1969 to September 29, 1969 amounts to $41 60 The Chairman said that the Board would be reluctant to vote the money 47 Upon motion duly made and seconded, it was voted to change the ef- fective date from October 27, 1969 to September 29, 1969 for the reclassification of Charles Walton to Tree Climber, Grade W4-Step A Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing deliberating or voting on Executive matters which, if made public, might adversely affect the public Session 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 go out of Executive Session and resume the open meeting The Board discussed the Bedford Sewer Contract which was brought to the meeting by Bedford Town Counsel Upon motion duly made and seconded, it was voted to sign and deliver to Bedford the sewer agreement between the Town of Lexington Bedford and the Town of Bedford, dated November 10, 1969 Sewer The Board discussed the aredoMMendation of Mr. Wenham on the snow- plow rates. Upon motion duly made and seconded, it was voted to accept the Snow Plow recommendation of Mr. Wenham and approve the following rates for snow- Rates plows $ 16.00 for plowing and $ 13 00 for hauling and cut the overtime rate of $2.00 off the plowing and just pay the straight rates; to pay $2.00 per hour if the owner furnishes his own plow; $2 50 per hour if owner furnishes his own helper; If hours deducted from each 24-hour period for breakfast, lunch and supper; also, the contractor to be paid for 2 hours stand-by time if called and is not needed. Upon motion duly made and seconded, it was voted to grant the request of the Mystic Valley Gas Company to install a 2-inch gas main Melrose in Melrose Avenue to supply gas to #7 Melrose Avenue, subject to the Ave Gas following stipulations by the Town Engineer Permit I Show existing utilities and edge of pavement on the original plan 2 Install new main in grass plot on the southerly side of Melrose Avenue Upon motion duly made and seconded, it was voted to grant the request of the Mystic Valley Gas Company to install a 2-inch gas main Wallis Ct. in Wallis Court to supply gas to #8 Wallis Court, subject to the fol- Gas Permit lowing stipulations by the Town Engineer I Show existing utilities and edge of pavement on the original plan 2 The permanent patch to extend from the outer edge of excavation to existing gutter. i ' 4Th Upon motion duly made and seconded, it was voted to sign abate- ment forms for sewer betterment assessments for the following, which Sewer were voted by the Board on November 3, 1969 Abatements William H. & Sona J Duckham 2 Dewey Road Louis N & Alice G. Howard 4 Dewey Road The Chairman informed the Board that the Memorandum of Under- standing for Chapter 90 project on Worthen Road for $29,700 has been Chapter 90 approved by the State Department of Public Works. Worthen Rd Upon motion duly made and seconded, it was voted to adjourn at II 05 P.M A true record, Attest �" //7C�c�z X Executive Clerk, Selectmen J 1