HomeMy WebLinkAbout1984-11-BOS-min fi
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SELECTMEN'S MEETING
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November 5, 1984
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, November 5, 1984,
at 7 :30 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall,
Mr. Eddison, Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Ms.
Adler, Assistant to the Town Manager; Mrs. Snow, Executive Clerk; were
present.
Upon motion duly made and seconded, it was voted to call the An- Election Day
nual Town Election on Monday, March 4, 1985. 3/4/85
Upon motion duly made and seconded, it was voted to close the War- Warrant
rant for the 1985 Annual Town Meeting on Friday, December 28, 1984, at closing
4:30 p.m. 12/28/84
Upon motion duly made and seconded, it was voted to appoint Mary CRC Appt.
M. Hastings, 120 Worthen Road, to the Center Revitalization Committee Hastings
for a term to expire on September 30, 1985, filling the unexpired term
of John A. Powell.
Upon motion duly made and seconded, it was voted to approve the ap- 1-day Liq.
plication of the Mystic Valley Chamber Orchestra for one Day Liquor Li- Lic.MVCO
cense for service of wine in Cary Hall at a reception following a concert
to be held on November 17, 1984.
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Mrs, Battin, Mr. Sacco and Mr. McLaughlin will attend the November MCSA Meeting
14th meeting of the Middlesex County Selectmen's Association, at which 11/14
the Educational Reform Bill (H6262) will be discussed. Since it had (H6262)
been reported that passage of the bill could occur prior to November
14th, the Board' s position will be established and will be transmitted
to Senator Kraus and Representative Doran by the Town Manager.
The Town Manager reviewed his proposed Sewer Use Charge Regula- Sewer Use
tions, on which a Public Hearing will be held on November 19th. In Charge Regs.
that regard, he noted that the minutes of the meeting of April 10, 1984,
at which time the Sewer Use Charge System was adopted, did not reflect
the Board' s approval of the rate of .43Q h.c.f. of water consumption and
asked that those minutes be amended on November 19th to correct this
omission.
Upon motion duly made and seconded, it was voted to approve the FY86 Street
Time Sequence for FY'86 Street Acceptance Procedures, recommended by Acceptance
the Town Engineer, as follows: Schedule
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November 20, 1984
Informational Meeting presented by DPW/Engineering for
street abutters. Notify Board of Selectmen, and Plan-
ning Board Of Meeting;
December 3, 1984
Vote of intent to layout by the Board of Selectmen;
December 10, 1984
Board of Selectmen notify Planning Board of the vote
of intent;
January 3, 1985
By this date, written notice delivered to abutters by
Constable informing them that the Board of Selectmen
intentto vote to layout as public way;
January 7, 1985
Public Hearing by Board of Selectmen in regard to
their intent to layout public ways;
January 14, 1985
Vote to layout public ways by Board of Selectmen;
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February 18, 1985
On or before this date, layout plans filed with
the Town Clerk by the Town Engineer;
March 1, 1985
After this date, and before the close of Town Meeting,
acceptance of the layout by the Town at a Town Meeting.
Within thirty (30) days of the date of acceptance of a
layout by the Town Meeting, adoption of an Order of
Taking by Eminent Domain by the Board of Selectmen
and an award of damages, if any;
Within thirty (30) days of adoption of the Order of
Taking, recording in Registry of Deeds of said Order
and any betterments by T own Engineer.
Mr. Hutchinson added that the Policy On Accepted and Unaccepted
Streets is still being developed.
Asst. Fire Ch. Chief John Bergeron was in attendance for presentation of a
McDonough badge to Assistant Fire Chief John McDonough, who is now second
in command in the Lexington Fire Department.
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Assistant Chief McDonough introduced members of his family
who were present and outlined his plans for a Fire Prevention Pro-
gram including education of school children in good safety habits.
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He will deal with issuance of permits, personnel complaints and other
administrative procedures to lessen the managerial duties of Chief
ounik Bergeron.
The Board congratulated Assistant Chief McDonough on his ac-
complishment
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complishment and thanked Chief Bergeron for the sharing of such a
pleasant occasion.
Mr. Hutchinson noted that decision on renewal of lease at Adams/Russel
the Munroe School for Adams/Russell Cablevision-Lexington, Inc. , lease renew-
will be scheduled for December 3rd and requested any comments from al
Board Members before that time.
Upon motion duly made and seconded, it was voted to approve San.Landf ill
the Town Manager's proposal to open the Hartwell Avenue Sanitary leaf disposa
Landfill on November 3, 4, 10, 11, 17 and 18, 1984, for disposal
of leaves only.
Mr. Hutchinson, with reference to a memorandum dated October Inspection
6, 1983, from Chief Bergeron, gave his recommendation that the fee Fee, Fire
schedule for periodic inspections of commercial and industrial prop- Dept.
erties, done at the discretion of the Fire Chief. The charging of
fees has been a practice started subsequent to the passage of Prop-
osition 2 1/2.
As stated by Chief Bergeron, tax classification which was im-
plemented since that time has significantly altered payments the
Town receives from commercial and industrial property owners and
he recommended elimination of the fees on that basis.
Upon motion duly made and seconded, it was voted to eliminate
the fee of $50.00 for periodic inspections of commercial and in-
dustrial properties, as recommended by the Fire Chief and Town Manager.
Mr. Hutchinson reported that some delay has been encountered Marrett Rd.
in the Marrett Road widening project due to concerns of the National widening
Park Service. He outlined the proposal to close "old Massachusetts
Avenue" to through traffic for use as part of the Battle Road by
the Service in return for taking of 1,000+ sq. f t. of Park Service
land along Marrett Road to accommodate the widening. There has been
no response from Mr. Nash of the Park Service to the Town regarding
the proposal.
The matter will be further addressed by Boston Survey Consul-
tants on November 19th when a review of 25% plans for North Lexing-
ton Road Improvements will be presented.
Mr. Hutchinson recommended that a deadline be set for Park
Service response on the matter, after which date, decision by
higher authorities will be sought.
Upon motion duly made and seconded, it was voted to abate Sewer Abate-
sewer betterment in the amount of $1,084.28, assessed against ment,Swenson
property owned by Britta Swenson, Lot 63, Map 16, at Allen Street. Allen S t.
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Sewer deferm. Upon motion duly made and seconded, it was voted to redefer
WHUE payment of sewer betterment assessments in the amount of $6,714.26
against property owned by G. C. C. Communications of Boston (WHUE)
and located at #75 Concord Avenue.
Minuteman Sch. Dr. Ronald Fitzgerald, Superintendent/Director of the Minute-
Hotel/Conf. man Vocational Technical School District, and members of the Min- "'"
Ctr. uteman School Committee Jackson and Donovan, were in attendance
Proposal for the purpose of presenting a proposal for a Hotel/Conference
Center on the School grounds, which it is planned, will be sub-
mitted
ub-
mitted to the 1985 Annual Town Meeting.
Mrs. Batt in noted that the Selectmen would be taking no posi-
tion on the proposal that evening and that positions of others in
the audience were not sought at this time.
Mr. Jackson introduced Chairman Donovan of the Minuteman
School Committee who reviewed the effort of two years including
two iterations of proposals to provide students with a hotel en-
vironment as an educational/cooperative training ground.
He reported that Massachusetts Innkeepers has now been ac-
cepted by his Committee as the selected developer but that there
are many issues still to be addressed and approved by the full
School Board.
Dr. Fitzgerald was introduced to present particulars of the
Massachusetts Innkeepers' proposal for a maximum 200-room/600 seat
Conference Center; implementation of which, he noted, would require
1985, or later, Town Meeting approval.
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In reference to the existing traffic situation on Marrett
Road, he projected that the hotel operation would add 3 cars/minute
to the existing flow at peak hours, which he felt to be a small impact.
He noted that the current 1200-pupil operation with the addition of a
Hotel Learning Center would still fall within the 1500 population
limit originally approved by Member Towns. He added that hotels
by nature do not generate the clumps of high volume traffic associated
with the morning and evening commuter traffic on Route 2A.
He noted studies which have shown that a hotel project would
greatly improve the quality of training and placement opportunities
for students in such areas as culinary arts, hotel management, re-
tail sales, maintenance support and others.
Dr. Fitzgerald referred to past efforts to involve local hotels
in cooperative training which have not proven to be successful for
more than a limited number of students due to severe problems en-
countered regarding transportation to and from these facilities.
With reference to benefits to Lexington, he noted that Ch. 196
requires payment of taxes representing financial as well as the ed-
ucational gain of providing a technical program of high quality.
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He concluded that the Minuteman School Committee had not at
that time negotiated a final proposal for presentation to host
,,,,,,,, communities but that comments were being sought from all member
towns. Upon definition of a final proposal, it will be pub-
lished in detail for all citizens.
Mrs. Battin asked that Board Members surface any issues
which they felt should be dealt with.
Mr. Eddison referred to the Town's experience in the re-
cent past regarding agreements made not honored by a business
firm currently under contract with the Town and asked what as-
surance could be provided that the commitments expressed would
be carried out.
Dr. Fitzgerald asked that reliance be placed on the intel-
ligence and skills of the negotiating committee members to en-
sure that control of the Educational Program and the entire opera-
tion is retained by the School and that specifics on methods of en-
forcement would be provided in requirements of the contract.
Regarding any future possible situation whereby the School no
longer wishes to carry on the operation, question was raised as to
disposition of the Hotel building, which would be owned by others.
Dr. Fitzgerald said that answers on such issues will be developed
and publicly discussed before finalized. He again stated that the
School will retain control.
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In answer to question about intended users of the Conference
Center, Dr. Fitzgerald noted lack in the School of a large group
space for schoolwide activities; such as: graduations, important
guest speakers, and other group learning activities. The School
will be using the Conference Center by arrangement for such functions.
With respect to traffic concerns, Mrs. Battin noted that they
will have to be addressed and asked about Massachusetts Innkeepers'
willingness to impose restrictions as has been done by Nolan/Norton.
Dr. Fitzgerald said that scheduling so as to avoid peak hours will
be implemented and stated that the developer will abide by all Town
regulations that apply.
In response to Mrs. Battin, Dr. Fitzgerald said that there
had been no discussion with the developers as to whether they
would proceed with the proposal in the absence of guarantee of
obtaining a liquor license.
Mr. Eddison asked Dr. Fitzgerald for clarification of his pro-
jection that the parking lot with 650 cars could be emptied in ten
minutes at the rate of 3 cars minute. Dr. Fitzgerald said that
that aspect would be reexamined.
■ima Regarding the scope of long-term plans to add other projects
to the Educational Program of the School, Dr. Fitzgerald said that
all other operations originally planned for are now present at the
School, with the exception of a bank and an electronically focussed
store.
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Mr. Sacco expressed appreciation that Dr. Fitzgerald's
presentation of the evening had supplied a factor which had not
previously been dealt with in depth; that of an explanation of
the educational and other benefits to students.
Mrs. Battin noted Dr. Fitzgerald's request for sharing of
traffic data generated by the Town and the School. The Town
Manager stated that arrangements to do so have been made.
Dr. Fitzgerald spoke briefly about Chapter 196, of the Acts
of 1984, legislation initiated by the Minuteman School District,
and compared features of the legislation with the situation ex-
isting before its passage. He saw it as no struggle over zoning
authority.
Regarding local control, he noted that under the provisions
of this law, majority vote of the Town Meeting is now required
of such a commercial/educational use, on residential land, for
approval. He again mentioned taxes to be paid as being of bene-
fit t❑ the Town; and finally that statutory guidelines are now
provided for School Industry cooperatives involving construction,
where none had existed before.
He added that the intent had been to offer a fair set of
guidelines and stressed that the School District will not be re-
alizing profits from this enterprise. He hoped that citizens
will see the positive context in which the project is offered.
Regarding a Traffic Study, Dr. Fitzgerald said a professional
consultant will present data to be shared with the host towns.
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Dr. Fitzgerald was thanked for his presentation and the in-
formation provided and he retired from the meeting.
H. A. Regarding award of an EOCD grant to the Housing Authority
EOCD for maintenance and improvement of dwelling units at Vynebrook
Grant Village and Greeley Village, the Members agreed with Mr. Sacco's
suggestion that a letter of congratulations to the Authority would
be appropriate.
Exec. Upon motion duly made and seconded, it was voted 5-0 roll call
Session vote, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr.
Eddison, to go into Executive Session for discussion of matters
of litigation with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn
at 10:00 p.m.
A true record, Attest:
(::/\P(/
C. /0„/ 1 j/
N
anion H. Snow
„,
Executive Clerk
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r \ SELECTMEN'S MEETING
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November 19, 1984
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A regular meeting of the Board of Selectmen was held on
Monday, November 19, 1984, in the Selectmen's Meeting Room,
Town Office Building, at 7:30 p.m. Chairman Battin, Mr. Sacco,
Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town
Manager; Mr. Cohen, Town Counsel; Ms. Adler, Assistant to the
Town Manager; and Mrs. Snow, Executive Clerk, were present.
At 7:30 p.m. , the Chairman opened a public hearing on the Public Hearing
petition of Boston Gas Company for installation of breather post Boston Gas Co.
on Eldred Street. Mr. Foley of the Boston Gas Company was present Eldred Street
to explain the need for the installation in existing regular pit.
Mrs. Battin noted memorandum from Director of Public Works/
Engineer recommending approval of the petition.
There being no comments in favor or in opposition, the
hearing was declared closed.
Upon motion duly made and seconded, it was voted to grant
approval to Boston Gas Company for installation of one 4" steel
breather post for existing pit located on Eldred Street.
At 7:33 p.m. , Mrs. Battin opened a public hearing on the Public Hearing
petition of Boston Gas Company for installation of breather post Boston Gas Co.
on Winthrop Road. Mr. Foley again explained the purpose of the Winthrop Rd.
01.11. installation in existing pit.
Mrs. Battin noted recommendation of the Director of Public
Works/Engineer for approval of the petition.
There being no comments in favor or in opposition, the
hearing was declared closed.
Upon motion duly made and seconded, it was voted to grant
approval to Boston Gas Company for installation of one 4" steel
breather post for existing pit located on Winthrop Road.
The Chairman noted petition of New England Telephone and N.E. Tel/Tel
Boston Edison Companies for joint ownership of five existing Pole locations
poles on Maguire Road. The petition did not require a public
hearing.
Memorandum from the Director of Public Works/Engineer,
recommending approval of the petition was read.
There being no comments in favor or in opposition, the
hearing was declared closed.
Upon motion duly made and seconded, it was voted to ap-
prove the request of New England Telephone Company and Boston
Edison Company to become joint owners of five existing poles
on the northerly side, approximately 10' easterly of Westview
Street on Maguire Road.
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TMMA Procedures Mrs. Patricia Swanson was present by appointment to express
P. Swanson her views on procedures implemented by members of the TMMA Exec-
utive Committee with respect to the Committee's efforts toward
amendment of Ch. 196 of the Acts of 1984, Minuteman School
legislation.
Mrs. Swanson noted that letters have been sent to other Towns a..�
by members of the TMMA Executive Committee urging support of
legislation to amend Ch. 196. She questioned that those four
committee members can represent the views of 200 people and can
appropriately request support on an issue which is to be decided
at the forthcoming Special Town Meeting. She asked for clarifi-
cation
larifi-
cation of the role of the TNNA Executive Committee.
She felt that the TMMA Executive Committee has gone beyond
providing information and monitoring Town Meeting decisions into
other areas, and that all concerned will be affected if their role
is not defined.
Mrs. Battin said she felt that the matter should be brought
up at the November 20th TMMA Information Meeting and on the floor
of Town Meeting; that it was not a matter to be decided upon by
the Board of Selectmen.
Mr. Sacco expressed his opinion in agreement with Mrs. Swanson
that the TMMA Executive Committee was expanding its role inap-
propriately
nap-
propriately and felt that it was a matter of concern of the Board.
He requested copies of correspondence referred to by Mrs. Swanson.
Public Hearing At 7:45 p.m. , Mrs. Battin opened the legally advertised Pub-
Sewer Use Charge lic Hearing on proposed Sewer Use Charge Regulations and read the
Regs. proposed regulations.
Mr. Hutchinson commented that there had been no comments Immo
from the public on the regulations adding that Lexington's rates
will remain among the lowest even with the proposed increase.
There being no questions or comments in favor or opposition
from Board Members, or the audience, the hearing was declared
closed.
Upon motion duly made and seconded, it was voted to adopt
the proposed Sewer Use Charge Regulations as follows:
A rate of 43c/h.c.f. of water consumption is adopted
consistent with Board of Selectmen adopted budget
position of April 10, 1984.
A minimum rate of $11.00 for water and $8.60 for sewer
or $19.60 semi-annually, or $39.20/yr. for both services
is adopted. (Based upon consumption of 2000 cu. ft.).
Water customers not connected to the Lexington Sewer
System as a general rule shall be exempt from the
sewer use charge. Special situations that call for
specialized use of the Lexington System will be sub-
ject to a special charge.
All water users shall be issued proportionate sewer
use charges except that commercial farmers who require
the irrigation of crops and have a separate water meter '"'r'
shall be exempt from the sewer charge covered by that
separate watering.
Selectmen's Meeting ) -3- November 19 , 1984
Citizens on the Town Sewer System but not on the Town
Water System shall be charged an average price of
$50.00 per year. In the event of special circum-
oink
stances, a special assessment will be levied.
The Manager asked for amendment of the minutes of the
meeting of April 10, 1984, to reflect the adoption of the rate
of 43Q h.f.c. of water consumption, in the report on the Board's
vote to institute a Sewer User Fee System.
Upon motion duly made and seconded, it was voted to amend
the minutes of the Selectmen's Meeting of April 10, 1984, as re-
defined by the Town Manager.
Upon motion duly made and seconded, it was voted to approve, Minutes
as corrected, the minutes of the Selectmen's Meeting on October 10/29/84
29, 1984.
Mr. Hutchinson suggested that Senator Kraus and Representa- Mtg. with
tive Doran be invited to meet with the Board on December 3, for Legislators
discussion of current and upcoming legislation.
Upon motion duly made and seconded, it was voted to acknow- G. Bugbee
ledge the 100th birthday of Genevieve Bugbee, a resident of East 100th b'day
Village Nursing Home, on Wednesday, November 21. Selectman Sacco
will present a gift and greetings from the Board to Mrs. Bugbee
on that occasion.
on* Upon motion duly made and seconded, it was voted to refer Traffic item
the request of residents of Russell Square for prohibition of Russell Sq.
parking on the northeast side of Massachusetts Avenue from Hunt
to Winthrop Road to the Traffic Safety Advisory Committee and the
Center Revitalization Committee for review and recommendations.
Upon motion duly made and seconded, it was voted as recom- Sewer Chg.
mended by the Town Engineer to approve sewer charges in lieu of lieu/better-
betterment as follows: ment
Moore Homes, Inc. 225 Waltham Street $2,707.63
Moore Homes, Inc. 229 Waltham Street $1,939. 99
Upon motion duly made and seconded, it was voted to approve Bond -- Tax
New Hampshire Insurance Co. Local Officials Bond in the amount of Collector
$170,000, for James R. Kane, Tax Collector.
The Chairman noted a request from Cory's of Lexington for Cory's
permission to remain open for service of food and liquor until ext. of
2:00 a.m. , on April 25, 1985, for an after-theatre gathering hours
of the Second S ea s on Players Theater Group.
Mr. Sacco noted the unusually late closing time requested
and questioned its legality under Board of Appeals permit and
whether a precedent would be set by allowing it.
OWN, Mr. McLaughlin moved that the item be tabled pending in-
vestigation and report by the Town Manager on the matter.
It was pointed out by Mr. Marshall that the Second Season
. Players are a local group and it seemed to him to be a reason-
able request. This view was supported by Mr. Eddison and Mrs.
Battin.
Mr. McLaughlin withdrew his motion to table.
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Upon motion duly made seconded, it was voted 4-1, with Mr.
Sacco voting in the negative, to approve the request of Cory's
of Lexington, Inc. , for extended hours of operation until 2:00
a.m. , on April 25, 1985.
Sewer Abatements Upon motion duly made and seconded, it was voted to abate
Ryan sewer betterment assessments on the following unbuildable lots: %mow
Semerjian
Mr. & Mrs. Richard Semerjian Lot 3A - $252. 42
98 Blossomcrest Road Allen Street
John E. Ryan Lots A & C $135.92
44 Easter Avenue Wachusett Dr.
Smith-tabled Upon motion duly made and seconded, it was voted to table
the request of Francis W. K. and Jacquelyn R. Smith for abate-
ment of sewer betterment assessment on Lots A and C, 4 Clematis
Road, in the amount of $2,759.24, pending further exploration
of the basis of the request.
Sewer Deferment Upon motion duly made and seconded, it was voted to deny the
Hall - denied request of Ralph H. Hall for deferment of sewer betterment charges
on Lot #5A, North Street, as recommended by the Town Manager for
the following reasons:
The Board of Selectmen's policy is to defer un-
subdivided parcels of land used for agricultural
purposes for the purpose of perserving open land.
The value of the lot has appreciated with the avail-
ability of sewer service.
The lot is a legal buildable lot and can be sold at
a good price.
A dwelling can be built upon this lot in such a man-
ner that it can be served by gravity.
The value of the lot is such that the installation
of a grinder pump in the house would not be a signi-
ficant cost factor.
Ch. 90 Funds Upon motion duly made and seconded, it was voted to execute
Memorandum of Agreement forms relative to Lexington's apportionment
of Chapter 90 Funds for reimbursement for documented expenditures
for construction, reconstruction and improvement on all approved
public ways, in the amount of $97 ,169.00.
Sewer Constr. Upon motion duly made and seconded, it was voted to approve
Mimno the request of Gerald R. Mimno for construction by him of a sewer
in Pleasant Street with the understanding the following construc-
tion
onstruc-
tion and inspection, the sewer and necessary easements will be
turned aver to the Town of Lexington. Approval of Mr. Mimno's
request is subject to the following conditions:
Immo
Selectmen's Meeting -5- November 19, 1984
That his Attorney meet with the Town's Counsel to
determine what legal documents are necessary to
transfer the easements and ownership of the sewer.
That the sewer be constructed to Town standards and
pass a leakage test before ownership acceptance by
the Town.
That a bond be posted for the value of the sewer to
guarantee full completion of the sewer in Pleasant
Street.
That all conditions of Town Counsel be met before
issuance of a permit by the Department of Public
Works to construct in Pleasant Street.
The Board also voted that no sewer betterment or sewer
charge will be assessed against the four acres owned by Mr.
Mimno at #85 Pleasant Street.
Upon motion duly made and seconded, it was voted to auth- Commuter Parkin
orize the Town Manager to implement relocation of commuter bus relocated
parking from Worthen Road near Grace Chapel, to the Town recrea-
tion parking area at the Centre Pool, for the winter months,
starting on December 3, 1984.
Upon motion duly made and seconded, it was voted as recom- Meriam St.
mended by the Center Revitalization Committee to change the schedule lot hours
for hours of operation of the Meriam Street Parking Lot from open change
with attendant on Monday through Saturday, from 8:00 a.m. to 6:00 p.m. ,
to open with attendant on Monday through Friday, from 8:00 a.m. to
8:00 p.m. A flat fee of .25Q will be charged Monday through Friday
after 6:00 p.m.
Data will be kept on loss of revenue as a result of free parking
on Saturday. Mr. Marshall recommended that the chain across the
Meriam Street entrance to the lot be removed to implement traffic
flow on Saturdays.
With reference to the wording of Article 4, "Poor Farm", Board Art. 4
Members were in agreement on the interpretation that a vote "not to "Poor Farm"
rescind" would support conveyance of the land for the currently pro-
posed use (Special Needs Housing) and would require a vote in opposi-
tion to Article 4.
Human Services Committee Chairman Roberta Black was present and
voiced the support of the Committee for the Housing Authority's pro-
posal for two cooperative apartments for eight retarded citizens and
two staff persons on the Poor Farm land. She reviewed the report of
the Committee dated November 19, 1984, in which information on the
need for such housing, special characteristics of clients to be
considered for residency, and other details of the State funded
program were presented.
*•••k Mr. McLaughlin, Chairman of the Housing Authority, reported on
progress with the application for State funding and explained that
the architect for the project has not as yet been selected; hence,
it is not possible to provide detailed information on the building.
A -6
Discussion followed on the possible use of other sites for
such housing, since there appear to be problems with zoning and
the size of the building which must be solved, but it was agreed
that options to convey should be kept open and that decision on
the Housing Authority's current proposal be made when it is pre-
sented
re-
sented in final form.
Laura Nichols, Precinct 8, Town Meeting Member urged because maul,
of wet conditions on the lot that the Housing Authority consider
a smaller house which would allow for more usable outdoor space
on the lot.
Upon motion duly made and seconded, it was voted that the
Selectmen will vote in opposition to Article 4 of the Warrant
for the 1984 Special Town Meeting.
Transfer of Upon motion duly made and seconded, it was voted to approve
Funds - Fire transfer of funds in the amount of $43,500.00 from Article 21 of
Dept. Collective 1983, to Account 4120, of FY'84, (Fire Department Collective Bar-
Bargaining gaining) to cover costs relative to Fire Contract Settlement.
Mtg. with The Board agreed with Mr. Hutchinson's suggestion for meeting
School Comm. with the School Committee on Wednesday, November 28, at 7:30 a.m. ,
11/28/84 in the Selectmen's Meeting Room.
N. Lex. Road At 8:30 p.m. , Mrs. Battin opened the Public Information Meeting
Improvement Plans on the 25% review of the North Lexington Road Improvement Project.
25% Review Mr. Tonaszuck, Director of Public Works/Engineering, reviewed the
chronological sequence of procedures regarding the project since
1981 including concept approval in 1982, and the current 25% review
of plans showing geometric considerations of the proposal. He
noted that the 75% plan submission will refine and show features
of the plan in greater detail and that the 100% plan will show Iwo
still further refinements. The 1982 Town Meeting had approved
up to 25% and the 1984 Town Meeting, of up to 100%.
Mr. Cook, Boston Survey Consultant Engineering, and Mr.
Carlson, Project Engineer for the Bedford Street/Hartwell Avenue/
Maguire Road Project, were in attendance to present the 25% plans.
Mr. Cook pointed out modifications to the plans per sugges-
tions by residents and requirements of Town Boards, FHWA and the
State Department of Public Works and reviewed the project in gen-
eral with regard to purpose. The plan calls for a 6-lane layout
on Bedford Street; a 2-way frontage road on the north side, with
median strip; a depressed entry to Hartwell Avenue from Bedford
Street, travelling west; a depression in the median strip to ac-
commodate emergency vehicles entering Eldred Street; access from
Bedford Street to Eldred via the frontage road at a Hartwell
Avenue/Bedford Street signal; a channelized U-turn lane on Bedford
Street to allow access to facilities on the south side and a ped-
estrian overpass across Bedford Street.
He explained the design of a frontage road on Bedford Street
to meet concerns of the neighborhood and described its functions
to fulfill area needs, noting that the plan does not provide
direct access from Bedford Street to Eldred Street. Two jug-handles,
with an overpass near the Armory have been incorporated in the plan.
Traffic signalization and road design to facilitate traffic
movements were noted and Mr. Cook reported that all land taking giro
would be on the south side as previously planned to accommodate
road improvements with the Veterinarian's Building the only reloca-
tion proposed.
Selectmen's Meeting cc -7- November 19, 1984
i,/
With reference to the HATS/CTPS Preliminary Hanscom Area
Traffic Study, Mr. Cook reported that the plans for North Lex-
ington are considered to be compatible with its recommendations
for access into Hanscom.
In response to citizen comment regarding lack of direct
access to Eldred Street and circuitous route necessary to reach
it from Bedford Street, Mr. Cook referred to FHWA design criteria
which would preclude a more direct turn and noted that since the
project will be funded by the State and Federal Government, its
requirements must be complied with. He felt that discussion of
that aspect of the plan for another year would not be fruitful and
advised that this eventuality be accepted so that the project can
go forward.
Mr. Cook informed Mrs. Barabush, in answer to questions about
the plan, that no breakdown lane had been provided since it would
have widened the 6-lane highway by 16 feet. He added that Bedford
had no plans for widening Bedford Street beyond Hartwell Avenue
at this time but he felt that any problems will be alleviated by
design. Mr. Wheaton felt that the funnel effect created by the
narrow roadway in Bedford would offset the advantage of a 6-lane
highway in Lexington.
Mr. Cook responded that studies show that most of the traffic
flow will be moving onto Hartwell Avenue and that Great Road im-
provements are not needed at this time.
He responded to Mr. Wheaton's question about the placement of
the overpass that the half way point chosen had been considered
the best location.
pmk Mr. Schmickly expressed concern that nothing has been done
for the residents of Eldred Street.
Mr. Cook projected, in answer to Mr. Schmickly, that if all
goes well, the improvement project could begin by early 1986.
Mr. Cook pointed out that the Town had tried hard for traffic sig-
nals at Bedford Street but could not get approval and advised that
proceeding with this plan would allow for the much needed improve-
ment to traffic conditions on Bedford Street. He urged taking the
plan as it is with the only other choice being to leave the situa-
tion the way it is. In light of the 40% traffic increase expected
over the next 4 years, he added that problems will only get worse.
He pointed out that suggesting an alternative to the plan exists
is erroneous.
Mr. Cook was asked about FHWA reaction to the pedestrian
overpass proposed and what the chances for implementation appear
to be. He answered that data is now being gathered to justify
that installation.
Mr. Tonaszuck told Mrs. Wheaton that the emergency access
to Eldred Street (depression in the median strip) will not be
plowed but would be accessible for emergency vehicles.
Mrs. Wheaton said that the plan presented that evening ap-
peared to be no different from the one shown at the 1984, at
which time a Resolution was adopted which stressed area opposi-
tions to any plan which cuts off access to and from Eldred Street.
She questioned why this expression of the Town Meeting had not been
taken into consideration.
A ,6 --8-
7
Mr. Cook agreed that the 1-mile extra travel; i.e. , from
Denny's to Hadley Road did represent a compromise and some
hardship on the part of residents but that the design was
necessary for safety reasons.
Mrs. Wheaton did not have a copy of the Resolution with
her as she said she had expected that the change would have
been made to the plans. Copies will be obtained for the Board.
Mr. Marshall pointed out that even though the new road
configuration imposes extra mileage on residents, he felt
that t imewise, they would benefit. He maintained that the new
plan does not cut off access to Eldred Street.
Reference was made by Mr. Baltz to plans for the Hartwell
Avenue Connector, which does not appear in the plans, who asked
what had been done in that respect this year. He felt that ef-
forts
f--
forts to implement the Connector had not been strong enough.
He said he could live with the inconvenience imposed by entrance
to Eldred Street via the frontage road but that he considered
the project a well-engineered monstrosity. It was his opinion
that a Connector would take care of southbound traffic to an ex-
tent that the problems on Bedford Street would be halved.
Mrs. Battin responded that the concept of the Connector is
an adjunct to area improvement plans, not an alternative, and
will be addressed in the Department of Transportation's Study
of Route 128.
Mr. McLaughlin noted efforts by the Town for 10 or 12 years
with respect to a Connector, which have been refused by the State/
Federal authorities and stated that there is no Connector in the
wings. He recommended that backing off now would result in a 10
to 20 year wait for solutions for area traffic problems.
Mr. Marshall added that the Federal Government is positively
unwilling to add another Connector without regional alignment. woo
He noted communications developed with the State adding that this
plan can be implemented in 2 or 3 years, while a Connector is many
years off.
Mr. Wolk commented that the improved Bedford Street could
be left as a 6-lane airstrip if the Connector ever is built and
expressed concern that Grove Street and Simonds Road would be more
heavily impacted after Bedford Street improvements have been com-
pleted.
Mr. Cook said he believed that there would be less traffic
on those streets as motorists will prefer to use upgraded Bedford
Street.
Mr. Cook responded to Mr. Miller that the need for directional
signs to aid visitors regarding the route to Eldred Street will be
addressed.
Mr. Burnell noted a feeling of separation with respect to
Precinct 7 and the rest of the Town. He foresaw difficulties
with obtaining final Town approval of the Bedford Street plan and
stressed the need for improved communications among Precinct 7
residents, the Selectmen and Federal and State Officials.
Mrs. Miley stated that her review of the HATS/CIPS Traffic
Study has convinced her that the Bedford Street Project is needed
even if the Hartwell Avenue Connector is built in the future. She
urged going forward with the proposed road improvement plans at
this time.
Selectmen's Meeting 2 ' 1 -9- November 19, 1984
Mrs. Battin suggested area involvement by formation of a
neighborhood committee to work with Town Officials as the
project progresses.
Pink
Mr. Hutchinson reported that progress with the Marrett
Road widening and improvement plans were still being held up
because of lack of response from the National Park Service
Superintendent, Robert Nash, on the Town's proposal for the
project.
Mr. Cook displayed a plan showing Marrett Road and ex- Marrett Road
plained need for the proposed widening near its intersection Plans
with Massachusetts Avenue. He noted concerns expressed by the
Park Service regarding impact of the road_widening_and the Ser-
vice' s proposal for closing and transfer of Old Massachusetts
Avenue in i exchange for parkland adjacent to, Marrett Road. It
had been proposed by the Town to swap other Town owned lots
which has not been accepted by the Park Service and progress
with that project has come to a halt.
The Board was not in favor of Mr. Nash' s proposal involving
"Old Massachusetts Avenue".
Mr. Hutchinson recommended that a deadline be set for re-
sponse from the Park Service on the issue and if it is not forth-
coming and appealing to the Regional authorities of the Park Service
Department of Transportation for a decision on the matter.
Upon motion duly made and seconded, it was voted that if no
response is received from National Park Service Superintendent Nash
by January 1, 1985, relative to the Town's road widening and improve-
ment of Marren Road, Regional authorities of the Park Service and
on•. Department of Transportation will be requested to intercede in the
matter.
Mrs. Battin noted that the Educational Reform Bill (H6262) may Educational
be on the November 20th House Docket allowing no time after that Reform Bill
evening for the Board discussion of its position on the legislation. (H6262)
She suggested that the Board either take a position in opposition
to aspects singled out by the MMA Staff regarding imposition of man-
dated costs; State setting of salaries and earmarking of Local Aid
monies; or to take a stand in complete opposition to the bill.
Mr. Marshall and Mr. McLaughlin recommended that the bill in
its entirety, plus the Governor' s proposed amendments, be opposed
on grounds of the process, as opposed to specific points. He felt
that there had been insufficient time for debate and reasonable
public examination of the bill.
Mr. Eddison was opposed to taking a stand in complete opposi-
tion and was in favor of basing opposition based on the items men-
tioned previously by Mrs. Battin. He felt that there was a better
chance of being heard if specific issues were listed rather than to
oppose completely on the basis of process.
Motion was made by Mr. Eddison and seconded by Mrs. Battin to
adopt the three MMA Staff recommendations brought up earlier in the
discussion as follows:
Pim
oppose any version which imposes mandated costs;
oppose any legislation that puts the State in the
role of setting salaries;
oppose any language that earmarks 40% Local Aid
monies.
r),,0$-10-
and,
0 -10-and, further, to state opposition to the Governor's proposed
Three Year State Assisted Program at local option to raise
minimum teacher salaries.
The motion did not carry with Mr. Sacco, Mr. McLaughlin
and Mr. Marshall voting in the negative.
Upon motion duly made and seconded, it was voted three to
two with Mrs. Battin and Mr. Eddison voting in the negative to
inform the Legislators of the Board's opposition to passage and
lack of public debate.
The Legislators will also be informed of the view of Mrs.
Battin and Mr. Eddison who proposed the more focussed opposition
stated in Mr. Eddison's motion to serve as a fall back position
in the event the position of the majority of the Board does not
succeed.
Mrs. Battin requested that Attorney Steven Anderson of
Palmer & Dodge be present at the November 26th session of the
Special Town Meeting and be available to respond to questions
on legal aspects of the Poor Farm Articles and the Resolution re-
lating to Minuteman Regional Vocational Technical School/Chapter
196 Article.
John A. Zorka Mr. McLaughlin noted the untimely death of John A. Zorka who
served the Town as a member of the Lexington Housing Assistance
Board and asked that the condolences of the Board be extended to
his family.
Selectmen's Upon motion duly made and seconded, it was voted to approve
Gift Acct. the request of Francis X. Fields, Town Engineer, for payment from
the Selectmen's Gift Account for additional services of Boston
Survey Consultant Engineering beyond the original scope of work
defined for the Bedford Street Project in the amount of $9,353.80.
Executive Upon motion duly made and seconded, it was voted by roll call Imo
Session vote 5-0; Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Eddison, to
go into Executive Session for discussion of matters of real estate
negotiation.
Upon motion duly made and seconded, it was voted to adjourn
at 11:30 p.m.
A true record, Attest:
o
7/I (&&
Marion H. Snow
J , Executive Clerk
Imo
01
SELECTMEN'S MEETING
i . November 26, 1984
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building,. at 7:00 p.m. Chairman Battin, Mr. Sacco,
Mr. McLoughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town Manager;
Mr. Cohen, Town Counsel; Ms. Adler, Assistant to the Town Manager; Mrs. Snow,
Executive Clerk, were present.
Positions of the Selectmen and procedures for presentation of Articles 1984 S.T. N
at the Special Town Meeting were reviewed.
Mr. Marshall reported on agreement reached with the attorney represent- Golf Course
ing the Bellizia family that if there is no evidence of a firm Purchase & Acquisition
Sales Agreement between the Bellizia's and a third party within the week, Article 2
negotiating procedures can be undertaken by the Town. Mr. Marshall will
recommend a two-week adjournment of the Special Town Meeting to allow time
for this process.
Mr. Eddison, as co-chairman of the Pine Meadows Committee, will intro-
duce the Article (Art. 2) , give opening remarks and ask that Mr. Marshall be
introduced. Mr. Marshall will proceed to recommend adjournment of two weeks
for consideration of Article 2 and any other unfinished articles on December 10.
Mrs. Battin will present Article 3, Computer Assessment System, under Computer
which $60,000 is requested for purchase of equipment to implement updating Assessment
of valuations of residential, commercial and personal property. Revaluation System
ima of taxable properties is a legal requirement which must be certified by Article 3
January 1, 1986.
Articles 4 and 5, "Poor Farm", are to be presented by the TMMA Executive Poor Farm
Committee. The Board's position in opposition to Article 4, as established Articles
on November 19, was noted. Regarding Article 5 re conveyance of Lot 6 of 4 and 5
the Poor Farm land to the Housing Authority, the Board would support the
Authority's proposal, subject to an appropriate building plan and certifica-
tion that the lot can adequately handle the special needs housing proposed,
with regard to neighborhood standards.
Mr. Sacco will present Article 6, which requests funds in anticipation of Sanitary
State aid for installation of sanitary sewers. Sewers
Article 6
With regard to Article 7, "Resolution Relating to Minuteman Regional
Vocational Technical School", no consensus on a position of the Board was
reached and it was agreed that each Selectman will express his view as an
individual. Mr. Eddison was in support of the Resolution relative to amend-
ment of Ch. 196 of the Acts of 1984. Mrs. Battin was in agreement with his
view and asked that also speak for her. Mr. Sacco and Mr. McLaughlin were
opposed to the adoption of the Resolution. Mr. Marshall said he tended to
agree with Mr. Sacco and Mr. McLaughlin but would prefer to take a position
after hearing debate.
At 7:30 p.m. , Mrs. Battin opened a public hearing on the petition of Boston Edi-
Boston Edison Company for installation of conduit on Fletcher Avenue. son Hearing
conduit on
FletcherAve
1,0
� -2
Mr. Martin, representing Boston Edison Company, was present to explain
the purpose of the installation to allow for change from overhead to under-
ground installation of electric service.
IRO
Mrs. Battin noted the recommendation of Mr. Tonaszuck, Director of Public
Works/Engr. , that the petition be approved.
There being no comments or statements in favor or in opposition, Mrs.
Battin declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the peti-
tion of Boston Edison Company for a grant of location for installation of
approximately 10 feet of conduit in Fletcher Avenue, northwesterly ap-
proximately 297 feet southwest of Hayes Lane.
At 7 :33 p.m. , Mrs. Battin opened the public hearing on the petition
of Boston Edison Company regarding installation of conduit in Massachusetts
Avenue.
Mr. Martin explained that the installation is necessary to provide
electric service to #2160 Massachusetts Avenue.
The recommendation in favor of approval of the petition of the Director
of Public Works and Engineering was noted by the Chairman.
There being no comments or statements in favor or in opposition, Mrs.
Battin declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the petition
of the Boston Edison Company for a grant of location for installation of ap-
proximately 9 feet of conduit in Massachusetts Avenue, southeasterly approx-
imately 325 feet west of Audobon Road.
Upon motion duly made and seconded, it was voted as recommended by the
Board of Health to approve applications for renewal of Liquor Licenses for vilog
the Year 1985, as follows:
Peking Gardens Restaurant 27 Waltham Street
Yangtze River Restaurant 21-23-25 Depot Square
Arty' s Restaurant 177 Massachusetts Avenue
1775 Wine & Spirit Shop 1775 Massachusetts Avenue
Berman's Market 55 Massachusetts Avenue
Knights of Columbus 177 Bedford Street
Middlesex Racquet & Swim Club 475 Bedford Street
Lexington Golf Club 55 Hill Street
LeBellecour Restaurant 10 Muzzey Street
Vinebrook Bottle Shop 55 Bedford Street
Busa Liquors 131 Massachusetts Avenue
Versailles Restaurant 1777 Massachusetts Avenue
Bel Canto Restaurant 1715-1719 Massachusetts Avenue
Cory's of Lexington 20 Waltham Street
Sheraton/Lexington Motor Inn 727 Marrett Road
Lexington Liquor Mart 58 Bedford Street
Lexington Lodge #2204, Elks 959 Waltham Street
Upon motion duly made and seconded, it was voted to approve applications
for one Day Liquor Licenses as follows:
W. R. Grace Company Recrea- 55 Hayden Avenue
tion Association on 11/28/84 immd
Data Instruments Personnel 4 Hartwell Place
Activities Association on
12/16/1984
_3
Upon Motion duly made and seconded, it was voted to accept the
''""' bid of Bank of Boston Middlesex for a note in anticipation of State
Aid in the amount of $22,177.54, at a rate of 5.19%, for sewer work
in various streets to become due on June 18, 1985.
Upon motion duly made and seconded, it was voted to approve the
application of Mohsen Mehran Ne j ad for One-Day Auctioneer License on
December 16, 1984, for the purpose of auctioning oriental rugs in
Heritage Hall, Knights of Columbus Building.
Mrs. Batt in noted that there are two vacancies in the membership
of the Lexington Housing Assistance Board and requested members to sug-
gest suitable candidates for appointment.
It was agreed that the Town Moderator will be requested to start
sessions of Town Meeting promprr at1 8:00 p.mt, regardless of tardi-
ness of attendees.
Upon motion duly made and seconded, it was voted to adjourn at
7:40 p.m.
/kW/
tf-)a
Marion H. Snow
A true record, Attest: Executive Clerk