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HomeMy WebLinkAbout1968-07-01-BOS-min SELECTMEN'S MEETING July 1, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, July 1, 1968 at 7:30 P.M Chairman Cole, Messrs Cataldo, Mabee, Kenney, and Greeley were present . Mr Legro, Town Counsel, Mr Gray, Executive Assistant, Mr Burke, Super- intendent of Public Works, and Mrs McCurdy, Executive Clerk, were also present Mr Gray informed the Board that a letter had been received from the Director of Water Resources Commission Grant stating that our application for a state grant under the Massachusetts Clean Waters Act had been approved in the amount of $57,510. Mr. Gray read a letter from Mr. Taylor of the Per- manent Building Committee regarding a problem with the playing fields at the Bowman School. Mr. Taylor said that the solution would require the cooperation of the Town with respect to drainage through Clamatis Brook. Bowman Mr. Gray said that Mr. Burke had informed him that School there are a number of obstructions in the brook that Fields are restricting the flow to a degree. Most of these are mad-made and can easily be removed. The metal twin cul- vert contains a considerable amount of debris and the top of each section has been cut open and damaged . Mr. Burke has issued a job order to clear the brook of these obstructions, remove all debris, and repair both culvert sections . Lowering of the brook will require an engi- neering study which will be made later in the year When the study is completed and cost estimates prepared, Mr. Burke will indorm the Board Mr. Gray read a letter from Mr Jefferson, Office Manager of the Public Works Department, regarding a re- quest for an abatement on a sewer charge for the in- stallation of a sewer service at 7 Patriots Drive. The total cost of the work was $670 31; of this, the Town absoroed $189 75 for the portion of the sewer installed in the street Town regulations state that all work performed inside the property line will be paid for by the home owner. Since his original service was over 25 years old, the cogt was not pro-rated Mr Jefferson felt that this is just charge and should not be changed . Mr Gray said that Dr Bellinger thinks that the bill is too much and his attorney, Frederick Conroy, has 487 applied for an abatement Mr. Gray' s recommendation was that the abatement be denied ; the cost of the labor was $409.o4. Upon motion duly made and seconded, it was voted to deny the request of Dr. Martin Bellinger, through his attorney, for sewer connection work at 7 Patriots Drive. Mr. Vocell of the Vocell Bus Company, Billerica, met with the Board Mr Vocell said that he had the operat- ing rights, granted by the Board, in connection with the Woburn line. He hits the Lexington line via Russell Vocell Street and would like permission to go over Lowell Street Bus to the junction of the Burlington line The Store Mana- Company gers of the Burlington Mall have informed him that they have already hired 3,000 people on a shift basis from 9:00 A.M. to 9:30 P M and will need passenger service He is going to operate six trips and return and go back Russell Street Mr Kenney asked if he meant six trips in addition to the service he now gives Mr. Vocell said no, in the future as soom as the capacity of the Mall is know, extra trips will be added The Chairman asked if there were any other bus lines? Mr. Vocell replied , not in that capacity. Middle- , sex comes to the junction of Lowell and Woburn Street. Hecfelt that they would approach the Board for some feas- ible route from the Square to the Burlington Mall. He and the owner of the Mall and the General Foremen of Sears, Filenes, and Jordan Marsh and it hinged around the fact that Mr Vocell holds the rights and the others are on the outskirts The Chairman said that the MBIA can' t cross routes , so there would be no conflict there. Mr. Vocell said there was none, as Mr Delaney of the MBTA agreed . Mr. Greeley said that if we give this right to you and the M & B is coming before us later on, the M & B can ' t go out Adams Street to the Mall Mr Vocell said that he had the operating rights from Four Corners to the junUtion of East and Russell and Lowell Streets ; and I am asking for an extension of this If M & B and I talked it over, it is not a question of them using my rights or any subsequesnt rights, they can cross my line but can' t pick up passengers . I wouldn' t exclude them. I need a small portion to get into the Burlington Mall I do intend to continue on Lowell to Bedford in the Town of Burlington. The Chairman reminded the Board that if Mr. Vocell was granted permission it wouln' t cost the Town money, whereas every run that the M & B has is subsidized . . Mr. Vocell said that Mr Delaney brought this up 4iirEl at the meeting and skid to put the run on hourly or half hourly. He asked Mr Vocell if he could do the same and his answer was no Mr Cataldo asked Mr. Vocell about a schedule, the hours he would run and where the stops are going to be. Mr Vocell said that he couldn' t give a schedule, and said that the Board would have to wait two weeks . Mr Cataldo asked how soon be would need an answer on the permit . Mr. Vocell said, the sooner the better. Mr Greeley said , you have stops at Four Corners and Russell and Lowell Streets . Mr Vocell answered in the affirmative Mr Kenney asked if this would preclude that M & B would not be able to pick up passengers . Mr Vocell said that they could use the right but could not pick up passengers . He said that there are very few houses from the junction of East Street to the Burlington line. I still have to go before the DPU but I don' t expect any difficulyy. Mr. Greeley asked if the DPU had set a date for a hearing? Mr. Vocell said they had not, because of the summer schedule. The Chairman asked if he would agree to a conditional motion to grant permission for an extension. Mr. Vocell said that 60 or 90 days would be agreeable with him. Mr. Greeley felt that it should be a temporary permit . Mr. Cataldo said that he didn' t want him stopping at the will of the passengers . Mr Kenney said that the Board would expect a sched- ule of the runs , plus the stops in two weeks Mr. Vocell said that was tying him down too much. The Chairman suggested within 60 days . Mr. Kenney told Mr. Vocell he could come back in 60 days for a renewal The Chairman said that a temporary permit under these conditions does no harm Upon motion duly made and seconded , it was voted to grant a 60 day permit for an extension from Lowell Streets to the junction of the Burlington line to the Vocell Bus Company, Billerica. Notice was receined from the Alcoholic Beverages Control Commission calling the Board ' s attention to the ABC provisions of the*sale and delivery of alcoholic beverages July 4 on Independence Day, Thurdday, July !}, 1968. Upon motion duly made and seconded, it was voted to conform to the provisions received . * Liquor Control Aet insofar as they relate to the 419 The Chairman read a letter received from the Build- ing Inspector regarding a substitute Plumbing and Gas Inspector during MP. John Byrne' s vacation. Substitute Upon motion duly made and seconded, it was voted to Inspector approve the appointment of Mr Donald Byrne as substitute Plumbing and Gas Inspector for the period of July 8 through July 12, 1968 The Chairman read a letter from the Board of Health requesting that the Police Department enforce the law which states , "No driver of a horse or vehicle shall drive or allow the same to stand or be on any sidewalk." It was agreed to refer the letter to the Chief of Police. Upon motion duly made and seconded, it was voted to approve water abatements for Robert Prescott, $31.81, Abatements and Nile Atterman , $15. 75. Upon motion duly made and seconded , it was voted to approve the Minutes of the Selectmen' s Meeting held Minutes on June 24, 1968 The Chairman read a letter from Attorney Harold Stevens stating that Boerner Lexington Corporation, through him as their attorney, offered to convey lot Title A-2 in the rear of 394 Lowell Street to the Town as a Boerner gift The Board of Appeals has granted a variance as Corp. to lot A-1 to allow Boerner Lexington Corporation to Land use the lot for parking for the commercial building. The Chairman asked Mr Legro if the Town had the right to accept the gift . Mr. Legro said that the Town could , by vote of the 1968 Annual Town Meeting under Article 57. Upon motion duly made and seconded, it was voted to accept for playground and recreation purposes, pur- suant to the authority of the vote adopted under Arti- cle 57 of the Warrantfbr the 1968 Town Meeting, a con- veyance as a gift by Boerner Lexington Corporation of that part of Parcel A referred to in said vote that is shown as Parcel A-2 on plan entitled "Plan of Land in Lexington, Mass . ," dated June 25, 1968, by Albert A. Miller - Wilbur C. Nylander, Civil Engineers and Surveyors . It was agreed to hold the bide for lot 24 Valley- Tax Title field Street until July 15, 1968. Lot Mr. Cataldo informed the Board that Mr Perry, Comp- troller, has been elected to the Executive Board of the Massachusetts Accountants and Auditors . Mr. Cataldo felt this was quite an accomplishment as Mr Ferry has been a 440 member for only two years ; Mr. MacKinnon, Director of Accounts, had approved him. Mr Gray, Executive Assist- ant, has been elected Secretary-Treasurer of the Mass- achusetts Managers Association Upon motion duly made and seconded , it was voted to write and congratulate Mr. Perry and Mr Gray The Board of Health and the Recreation Committee met with the Board . The Chairman said that we have asked the Recreation Committee to meet with us to discuss the course of action to be taken on the "old res ." He read a letter from the Board of Health which recommended that no action be taken to proceed with the development of swimming facilities pending further study by the Recreation Committee or other responsible groups to establish the suitability of the "old les" for recreational use. "Old Res" Mr. McQuillan said that Mr. Bond had asked the Board of Health to make the survey. We Called Mr. Collins of the State Public Health and he sent us a letter stating that insufficient engineering information is available at the present time to redder a judgment on the suitability for public bathing. It would be necessary to measure the flow of water entering and leaving the reservoir during the driest season of the year and to conduct a detailed sanitary survey to determine active and potential sources of pollution to the proposed bathing area The State Department would assist in such a survey during the sum- mer of 1968 and will further recommend when the results of the survey are known The Chairman said that the position of the Board has been that whatever Town Meeting votes they will imple- ment When we get the red flag put up by the Board of Health it is a problem What can we do to keep within the spirit of Town Meeting vote? Mr McQuillan said that Mr Powers is here and he might be able to help. Mr. Powers said that his department is in the pro- cess of drafting a code on public swimming pools , Once the code is established and filed, it is in effect in all cities and towns and provides a guide as to the Board of Health minimum standards . We have the second draft now and hope to hold a hearing in September. All bathing areas are under the Board of Health of the Town, add the State can come in if the local board fails . If you do establish a bathing area, two years from now the code is in effect . The Chairman asked if this code would allow for water flowing through or a circulator? 454 Mr Powers said that the water should be going through the bathing area. We do know that in the bath- ing area if the water is not circulating the bacteria count does raise. I have watched , roughly, what I pre- sume is being proposed in this case, and I don' t know how the code is going to be written. We take thto account the safety - a lifeguard must be able to see a bather in distress , get him out of the water and get oxygen to his brain in two minutes . The water must be clear Mr. Greeley said that the State recommended a study of the pollution of the stream, that flows in and the amount of water within the spring itself and asked what the cost would be to study these? Mr McQuillan didn' t know the cost . He said that the State has offered to help. Mr. Powers said not to count on us for too many man-hours in the summer. The Chairman asked haw many man-hours would be nec- essary for a study such as this . Mr. Powers replied that he didn't really know, it might take three weeks of a man' s full time. There must be some measurement of the flow out of the pond . How- ever, he wondered if there was any information available as to whether it is or is not spring fed Dr Colburn of the Board of Health said that Mr Cortell had talked about a spring feeding the pond . I think he has no more information than anybody else. On my personal observation, I don't recall seeing any out- flow I think the position of the Board is reasonably clear, we have read the Cortell Report and were impressed by it; it seemed like an asset to the Town . In view of Mr. Power ' s evaluation, Mr Cortell is not ready to back up that there was a reasonable chance that it would work The Board would have to go in and shut down the opera- tion The Town should have the information that it would work The Chairman asked how we could move forward and at the same time conduct a study Dr Colbury said that the Recreation Committee spent $1,000 for report and this individual is not ready to back up the report The Chairman asked if this is not a free flowing pond, will a circulator have the effect of a free flow- ing water? Dr Colburn said Mr. Cortell said to use filtration, he would not guarantee because of organic algae. Dr. Colburn said that Mr Cortell is here and asked why he could not speak for himself. The Chairman said that the meeting was with the Board of Health and Recreation and he would like to first explore their opinions . 4132_ G". Mr. Greeley said that the State questions whether the water coming in was of good quality, whether it was from the springs . He asked Mr. Powers what he suggests if the circulating process works . Mr. Powers said that in going over the complete file, where do you propose the beach on the pond, will you supplement the water? I need answers to the questions you raise if the circulator is in and the water continued to flow in front of the beach. Obviously, you could swim in it . Enough facts must be presented, this is basically the item. There is algae in the pond and there are de- posits in the pond There is a slight accumulation and it does add to what you think is color on the bottom We must project with some algae treatment What would the color be like in the bathing area? What about the life- guard? Where is the water coming from that will increase the flow by the beach? Let ' s go get the facts The Chairman asked if we are going to have a swimming hole, would we have the bottom cleaned, is it desirable that this be cleaned out to have as a bathing area? Mr. Powers said that sand could be placed in there. Th The Chairman asked if it would solve problems by emptying the reservoir to find out whether it is spring fed . Mr. Powers replied that to empty it would change the hydrostatic conditions; they should measure under operating conditions . The Chairman asked what procedure would you use to develop this area? If we could find some way we can move ahead and conduct a study and at any given point stop the study. If it is bad , I am sure that nobody would want to go ahead, unless we can do it in a positive sense. Mr. Bond said what could anyone say but reiterate We have talked it over, Mr. Cortell had his opinion, the Board of Health has theirs . We feel they should be explored The Chairman said that we are here to find out which direction we should go. We should move rather slowly as there are unanswered questions Mr Cortell was asked to comment Mr Cortell said that he was here at the request of the Recreation Committee. First, I think I should be clear that our firm found out many of the facts raised We were retained by the town to make a study which lasted two years . We agreed to do it for the cost of the study alone, my firm has nothing personal to gain if Lexington decides to go ahead . We made tests to see if the water- shed was poluted and if the water was of a quality to support bathing. We studied the water during the period of 1966 and 1967 and at no time after we made the sperms did we find bacterial count. We found a water discharge from a surrounding hill and the water met the standards . 49,E We felt it was our job, as Consultant, to say whether the water was polluted or not . I could go into a body of water today and find it polluted, tomorrow it might not be. We probably went beyond the scope of study because of my enthusiastic public spirit I was asked if I would guarantee a bond and I feel that was a ridiculous request We never thought of this area as a flow through area. There isn' t enough water in the "res" to have 500 gallons per day per bather We suggest that we could augment that flow to the maximum level at the rear. We don' t be- lieve that some day it would go over 400 bathers and asked that it be limited to 300. We are not in any way recommending any facility that is going to be a beautiful state park We thought we should go slowly and develop a bathing area; it made sense to use a body of water that just sat there We know that the water is good today, the watershed is not polluted . We think it is biologically feasible. The Chairman said that the Town did vote $1,000 for your services and the Town is grateful. The point is, where there are misunderstandings or not, the Board would like to find a way to have a complete study with a build- up of this as a swimming area I am trying to find some common ground that this is the sensible and safe way to proceed. Mr. Cortell said that we don' t have to make any studies to find out if it is a flow-through bathing area. Mr. Greeley asked about color. Mr. Cortell said that the color isn't bad . The algae can be controlled with copper sulphate. Color can be han- dled without any difficulty I don' t think studies on the watershed would prove anything. My firm would be glad to participate in any sampling survey. The Chairman said that Mr. Powers was not entirely familiar with the wording at Town Meeting, the Town shall proceed to develop . . . Would that wording allow you to prepare detailed planning? The answer given is to include the size of the circulator, how to control the algae, what the beach would look like, where the lifeguards would be. Mr. Heustis said that Mr. Powers has had a chance to study this proposal and, on the basis of the State coming up in two years with a code on outdoor bathing areas, if the Town followed through, would it be approved by State law? Mr. Powers said that a hearing will be held . One way to expedite it is to come up with a concrete report. Mr. Greeley said that we could conform to Town Meet- ing vote with instructions to the people preparing it, to design it so that it will conform to the code. The Chairman said that this is going to be done. We would probably pass it to the Recreation Committee and the Board of Health should be involved on a continuing basis . 49 4 Mr. McQuillan Mid that* the Board of Health is, against it. IfA3b esState authorities got together and worked something out . . . There should be the same opin- ions of both the State and private investigates . We couldn't say that the State is wrong. The Chairman said that we are authorized by Town Meeting vote. The Board of Health and the Recreation Committee could proceed in obtaining these plans . He asked if Mr. Cortell would be available. Mr. Cortell said that he would make the records available Mr. Kenney said that the Recreation Committee would pick up the ball on professional services . The Chairman said, we say you go out and do the work. They will recommend the professional. Mr. Greeley said, to state specifically what he is going to do. Mr. Hayes asked why Public Works couldn't do some- thing with this . Mr. Cataldo said that we are not equipped to answer questions . We are concerned with it biologically. Mr Greeley said that we want something between Mr. Gortell and the State. Mr. Hayes said that now you are going to give it back to us . What about finances, this is not for the Recreation Committee . Mr Cataldo said that finances and buildings are the least part of this . We must have the water in condition for people to swim. There is nothing in our org&.niza- tion to give us the answer. Mr. Hayes said, now you are going to spend $25,000. The Chairman said,that plans wouldn't cost that Mr. Hayes said, can we swim there or can' t we? Mr. Greeley said that Mr. Powers said that he can't approve and doesn 't think the new code would permit it. We want a design that will convince him that it will come up to these standards . The Chairman said that Mr. Cortell is saying that, by and large, you will have good clean swimming water. Mr Kenney said that he hasn' t prepared detailed plans . Mr Cortell said that we weren't hired to make plans . I really think that our people could meet with the Divi- sion of Sanitary Engineering and present what we have de- veloped . Mr. Powers and I could have a meeting. It will be difficult to find a design of circulating Facilities . Let Mr. Powers look at specifics, we have the beach grade, the type of flow we require and let him send a letter. Mr. Cataldo said that he would like to have the Executive Assistant work with them. Mr. McQuillan said that he didn' t realize that Mr. Cortell is the only firm to put in a circulator 44145 The Chairman said that was not so, there was no con- nection. He is making himself available. We will include Mr. Bertini, Mr. McSweeney, Mr Huestis, Mr. Gray and Mr. Cole. Mr Gray will set it up. Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters, which, if made public, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person. After discussion of matters which affected the fin- ances of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M A true record , Attest : Executive Clerk, Selectm n The next regular meeting of the Board will be held in the Selectmen' s Room, Town Office Building, on Monday evening July 15, 1968 at 7:30 P.M. (L°1� If 'Yrt 1