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HomeMy WebLinkAbout1979-09-24-BOS-min 41 0))111SELECTMEN'S MEETING SEPTEMBER 24, 1979 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, September 24, 1979, at 7 30 p m Chairman Miley, Mr Busa, Mrs Battin, and Mr Kent; Mr Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Chairman Miley opened the hearing on the application of the Mobil Gasoline Oil Company for increased underground gasoline storage of 4,000 gallons, Hearing - from 20,000 to 24,000 gallons, on the premises at 269-277 Bedford Street Mobil Oil The hearing had been advertised in the September 13, 1979 issue of the Bedford St Lexington Minute-man and notices had been sent by the petitioner to the abutters by registered mail Fire Chief Bergeron had inspected the premises and approved the location of the tanks Mr Dominic Taverna, Mobil Oil representative, was present and informed the Board that a 5,000 gallon tank would be removed and replaced with a 10,000 gallon tank; we would have more gasoline on hand and it would facilitate truck traffic No one appearing in favor or in opposition, Chairman Miley deklared the hearing closed II/ Upon motion duly made and seconded, it was voted to grant permission and to sign the license to the Mobil Oil Company for increased underground storage of gasoline from 20,000 gallons to 24,000 gallons, to be stored in 6,000, 8,000, and 10,000 gallon tanks Residents of Reed Street, representatives of the Planning Board, Youth Reed St Commission, and Mystic Valley Mental Health Center met with the Board to Residents discuss human service facilities in the neighborhood Mr Robert French, Emergency spokesman for the residents, said they have a number of independent programs Shelters in the neighborhood and now MVMH is entering into one more program We met with MVMH last week and thanks to their cooperation their board passed a resolution "Recognizing the -high- relative concentration of public funded programs in the 8th precinct, the board hereby resolves to make every effort that the securing of an ultimate suitable location to the emergency shelter program currently housed at 75 Reed Street, and further to place a moratorium on the location of future program elements in the 8th precinct until such time as the other neighborhoods of Lexington have had an approximately com- parable concentration of public funded programs " Mr French said that they believe the opportunity exists now to head off such entanglements by providing the means to ensure that programs entering any neighborhood are properly coordinated with others already existing and those planned We now have the evidence to show that independently funded aid programs are not required to coordinate with any other program being funded by the same funding source There were seven different cases in the court which were being used to establish an umbrella of public education under which 111 those programs can enter a neighborhood under the zoning category and can open without Planning Board or Board of Appeals public hearings Also, W'k Selectmen's Meeting - 2 - September 24, 1979 the Housing Authority programs in the area when they g t ity did not consider other p g spaced out the scattered sites program We believe this privilege has been abused in our neighborhood and we feel it is a Town issue We feel a per- mit granting authority is required on the subject of coordination if not on the subject of zoning, (1) To serve advance notice of programs planning to enter the Town and to provide the Town time for coordination; (2) To ensure that plans set forth for any program are properly carried out; (3) To ensure that a reasonable balance of distribution of those programs throughout the Town is being sought without regard for other factors, such as immediate property available; (4) To see that proper disposition of property is assured following termination of a program We also feel that a coordinating and approving authority is required to review private informa- tion and seek public opinion for the purpose of coordinating site locations for aid programs and to carry out any action aimed at achieving a balance of distribution of those programs throughout Lexington We are prepared to assist in the formation of such authority and in the development of proper operating procedures Regarding the IVMH :petition to the Board of Appeals for an addition of space to the MVMH administration building on Bedford Street, we would have to speak as individuals I would hope that since the Town is already moving on the human services' problem and as the disposition of the Munroe School is not yet established, there has been a strong leaning toward locating a number of human services there; I would hope that opportunities to locate in such space have been properly explored Mr Busa said that MVMH had been asked at budget time to let the Board know what the level of expansion would be, and they had not He had a problem with MVMH expanding under the Haverhill case; applying under our by-laws, they have to specifically state what they are coming in for but under 25-2-1 neither the Board of Appeals nor Planning Board approval is needed for them to go out and operate Mrs Battin said that the Municipal Associations have just filed legislation to keep local government informed and to aid, not stop, the programs to succeed (1) A bill to establish a special permit procedure whereby local governments could regulate community-based residential facilities (2) Local review of human services; this bill essentially would provide manda- tory information of all new human services programs or substantial changes in the present programs to local officials and allow them input before such programs are instituted or changed; this would not provide a veto to local officials Mr Jackson of Reed Street said that they should start with a permitting process and deal directly with the issues Chairman Miley re- sponded that even if we can pudt together some sort of a program, we still operate as a Town under the state statute Mr French said the residents had come to the meeting tonight to offer what they thought is something to be examined as a possible solution; that this board should charge some- body with the responsibility of finding what the scope of the problem is It needs to be defined and we came to offer our services _add to examine what the problem is, and come up with a workable solution Chairman Miley aaked Mr French for .a copy Of theproposal to".b.e .distributed to boards and committees throughout the town;_ we would work with you to come up with some sort of a possible um- brella whereby we could deal with this Mr Kent said he was comfortable with Mr French's last remarks and what he is asking us to do It is very clear at the moment that we do not know precisely what our powers are and are not Selectmen's Meeting - 3 - September 24, 1979 It is very apparent we now need to ascertain what they are and what our options are in this direction as well as with respect to others One thing he was not interested in doing is asking Town Meeting to enact permit granting pracedures which we have good advice of counsel are be- yond the scope of this body under state law He was interested in what Mrs Battin had suggested in terms of our powers may be greater in the near future, particularly if we work to make them greater, than they are at the present time Following up of that legislation is important It doesn't remotely exhaust our possibilities of acting in a coordinat- ing capacity here; we have .a:_lot o.f leverage, if we exercise it, from the standpoint of persuading people to go through the kind of process that has now been gone through after the fact to the success of your (residents) working out the particular problem with Mystic Valley (He understood that this is an example and not the problem.) The Board is establishing a Human Services Committee and in the human services' statement, one of the clearly perceived needs that the Board recognizes in the whole area is the subject of coordination of separate and distinct activities running around the community We do have a coordination problem with this and, at the very least, as soon as this committee is in place, that we ask them to take this problem up as an initial order of business We can do a lot of coordinating without a lot of permit withholding authority You are asking us to do that and Chairman Miley has made it clear that we are willing to accept that challenge if you have concrete proposals that are already written out Coordination includes that Mr Kent hoped they were not asking the Board to set up a mechanism whereby the lowest of any particular proposals are debated and decided solely in terms of balance; this should not be done as balance suddenly is going to become everything If they are asking the Board to address it, the Board couldiaccept :that Mrs Shuney, Chairman of Housing Authority, said that balance is im- portant but, realistically, we are talking about subsidized housing; part of the:package isi.that in order to get funding for other programs, we have to do work in other areas MAPC has come up with specific suggestions on what the. Housing Authority ought to do Pressure has been brought to bear in order to receive federal funding for Conservation, etc Mrs Battin agreed and said that balance is something we have to consider but there are so many other things to consider; we can't say to cut out federal funds and all the programs Regarding coordination, we have scheduled a breakfast meeting with the Chairmen of Boards and Committees and we could ask for their input to develop mechanisms Mr Zabin, Planning Board member, said that both the Planning Board and the Housing Authority are aware of the problem and we don't minimize it; we know it will go on in the community Chairman Miley thanked the residents for coming and assured them the Board will work with the neighborhood, and the Human Services Committee will work out something so there will be a combination of the needs and requirements of the townspeople in all respects Mr French agreed to de- liver the proposal to the Manager's office for distribution to boards and committees The residents retired from the meeting Selectmen's Meeting - 4 - September 24, 1979 Hanscom Mr Fred Bailey, Mrs Jere Frick, and Mr Manfred Friedman met with Advisory the Board to discuss the status of Massport/Hanscom Field Chairman Miley Committee/ read a report from Mrs Jacqueline Smith, Lexington's representative on Massport the Hanscom Field Advisory Committee, stating that the lack of communica- tion between Massport/HFAC has been a major problem during the past year, and this has resulted in new services, new development and airfield im- provements at Hanscom being initiated without input from the communities being sought by the Massport Board In the case of the helicopter service and hangar construction, the MAPC A-95 review process was the first notifica- tion the abutting towns had that such changes were proposed This is dis- turbing since the MPA Board's stated policy in the 1978 master plan is that the Authority will work with the Advisory Committee to review facility needs, noise abatement procedures, service changes and land use planning The rapport built during the master planning process has been lost during changes in MPA personnel, and the HFAC has not been aggressive in its re- lations with MPA. Both bodies are now aware of the problems brought about by this communication loss and are taking steps to correct it The situa- tion at present is as follows (1) On October 9, HFAC will meet to work out a system of communication between HFAC and MPA which will provide adequate information to the communities so that town responses can reach MPA Board before decisions relative to Hanscom are made; (2) MPA has prepared a draft of a proposed communication process which would notify town MAPC representatives, HFAC members, Conservation and Planning Board members of any proposals for which environmental review were being sought; (3) in August, the Lincoln Planning Board, concerned about the question of whether MPA authority supersedes local zoning and permitting authority, circulated a letter asking for responses from the other towns on these changes and questioning whether the towns should seek joint legal counsel on these issues The Concord Selectmen voiced concern but expressed a wish to work out a solution with MPA The Lexington Planning Board re- sponded, listing current proposals which cause them concern because there is no overall plan against which impacts can be evaluated They also asked the Selectmen and Town Counsel to work with the other towns on the zoning and permitting issue At the last HFAC meeting, the MPA Planning Director stated that their counsel was looking into the jurisdictional question and will report; currently, the issue relates to Lincoln and Bedford The situation should be monitored for now in case there is need at a future date for joint town action; (4) Other towns in Massachusetts, except those run by MPA, have airport commissions, but under MPA's enabling legislation, one could not be formed around Hanscom However, an advisory body could be formed Last year, Senator Amick's bill - making HFAC a permanent body charged with giving community viewpoints on proposed actions at Hanscom - was defeated It is recommended that we pursue this legislation again and to solicit the views of Concord, Lincoln and Bedford as well as our representatives in the legislature on this matter Mr Bailey, Lexington's alternate representative to HFAC, said the re- port is an excellent summary of the status of the situation. The meeting on October 9 was designed to make sure there is effective and consistent communication between HFAC and Massport Mrs Frick, Lexington's MAPC representative, said no one had heard about trees being cut down and the expansion of four hangars It seemed there was a need for action Mr Friedman, Lexington Planning Board Chairman, said that Massport does not understand the time involved with communications with the town; the f{h Selectmen's Meeting - 5 - September 24, 1979 Planning Board was notified two days before the Massport meeting, and we need two months The effort is to get some status for the HFAC and Massport is reluctant to recognize it, and that is the purpose for sub- mitting legislation Mr Kent recommended that the Board pursue the matter Upon motion duly made and seconded, the Board voted in favor of Vote - pursuing the matter of legislation being re-filed to make the Hanscom HFAC Field Advisory Committee a permanent official body Mr Kent said that he would talk with our Senator and Representa- tive tomorrow morning The Board agreed with Mrs Battin's suggestion that Mrs Smith and Town Counsel talk with the Town of Lincoln to see what is in- volved in the zoning and permitting issue Chairman Miley thanked them for meeting with the Board and Mr Bailey, Mrs Frick and Mr. Friedman retired from the meeting Mr Rosenberg, Chairman, and members of the Transportation Ad- LEXPRESS visory Committee, and Mr Sacco, President of the Chamber of Commerce met with the Board to discuss the present location of the Lexpress mini-bus terminal in the Center Mr Rosenberg said the service started September 15 and the ridership is much higher than expected He asked for approval of a change in the route which comes out at North Hancock Street onto Bedford Street, which is a dangerous in- tersection Upon motion duly made and seconded, it was voted to approve the change in the North Lexington mini-bus route, which would now travel down Bertwell Road to Fuller Road to Gleason Road to Simonds Road Mr Rosenberg said the committee is considering, (1) Raising the fare to 50 cents for the mini-bus to the Burlington Mall, with an extra bus; (2) Complaints from the Old Colony Bank and the Ski Shop Resolution of the problem of the volume of people congregating at the bank and the Ski Shop,accumulation of litter on sidewalks Possibility of policeman giving assistance, (3) Reversing the traffic pattern and buses using taxi stands Mr Sacco informed the Board that the merchants in the town were not in favor of increasing traffic to the Burlington Mall, and he would like to know the number of people using the bus During the discussion, Mr Hutchinson said that we are not geared to have a uniformed person enforcing at the terminal as it would in- volve a considerable amount of money We will provide some assistance from the police officer on duty but the next step would be to have someone there and pay him overtime The Board agreed that the present location of the mini-bus terminal is to remain at the Bank and the Ski Shop pending further experience In the meantime, Mr Hutchinson is to work with the Transportation Com- mittee on the safety factor of people waiting for the mini-buses, and an alternative location of the terminal /I/ The Transportation Advisory Committee and Mr Sacco retired from the meeting Selectmen's Meeting - 6 - September 24, 1979 Munroe Reverend Meppelink met with the Board to discuss leasing space in School the Munroe School Mr Hutchinson said that Rev Meppelink has offered Lease in behalf of the Assemblies of God Church, to lease the top floor for one year at $2,000, plus utility costs The maintenance of the build- ing is our responsibility, and we don't see that as a major problem. In the past, we have plowed the lot and shoveled the sidewalks but he would pursue that with Rev Meppelink; also, access to the playground can be worked out Rev Meppelink said the utility costs could be pro- rated according to the number of rentals in the building We would be alleviating some of the severe costs by maintaining the interior of the building in good order Mr Hutchinson said he is interested in renting more space in the building and he asked to be authorized to work with Rev Meppelink in behalf of the Board All responsibilities will be spelled out in the lease Upon motion duly made and seconded, it was voted to authorize the Town Manager to work out the details with Rev Meppelink on a lease for the top floor of the Munroe School Abatements- Mrs Mary Shunney, Chairman of the Housing Authority, met with the Scattered Board to request the abatement of betterment assessments on lots to be Sites used by the Housing Authority for the Scattered Sites Project HUD MA 067-001 Upon motion duly made and seconded, it was voted to approve the Housing Authority's request for abatement of betterment assessments on the following lots to be used by the Housing Authority for Scattered Sites Project HUD MA 067-001 Site No Map/Lot No Sewer Water Street 1 M 13 Lt 145 $286 01 $ 90.00 $600 00 26 M 25 Lt 161 192 21 - - 21 M 59 Lt 49A 171 90 - - 10 M 72 Lt 31 271 25 150 00 - 11 M 72 Lt 36 386 60 - - 12 M 72 Lt 422 41 15 Bal - - 12 M 72 Lt 423 87 50 - - 12 M 72 Lt 424 87 50 - - 13 M 90 Lt 80 624 10 - 44 90 16 M 79 Lt 45 962 50 - - 18 M 72 Lt 3 (Lts 35-38) 350 00 - - (Lts 39-40) 368 18 - - Express Mr Benjamin Goodwin, owner of the Vocell Bus Company, met with the Commuter Board to discuss renewal of the Common Carrier license Mr Hutchinson Bus requested authorization to continue the agreement bor six months, with another report to the Board on the status of the commuter bus before the license expires The Board discussed the unchanged condition of the seats and broken springs, and Mrs Hals commented on tires being flat Selectmen's Meeting - 7 - September 24, 1979 Mr Goodman said there was only one bus that had broken springs and it is difficult to fix them without an additional bus He had told the Board there were four buses on order since the beginning of the year and de- livery will not be until next year We have bought used buses but it takes four to six months to get them; we are working in the garage for twelve hours a day Tires on the rear are recaps and they have a dif- ferent type of cut and sometimes they look flat Mr Hutchinson said we recognize that there are problems and that is the reason for the recommendation of six months. This allows for the new bus and we are not going to jeopardize the safety of our citizens In the interim, we will continue a valuable service for the town but we need more data During discussion, it was pointed out that the buses had been monitored for the timetable, and they are running on schedule. The Board agreed that a questionnaire is to be developed for distribution among the riders, and the Manager is to submit a report on the status of the buses within a period of two to three months Upon motion duly made and seconded, it was voted to extend the Com- mon Carrier license to the Vocell Bus Company, Cambridge, for a period of six months, expiring April 30, 1980, for express bus service between Lexington and Boston between the hours of 6 00 and 9 00 a m. and 4 00 and 6:30 p m. along routes mutually agreed upon with the Town Manager's Office Mr Hutchinson informed the Board that the tax rate had been certi- fied at $87 60 Chairman Miley read a request from the Chairman of the Committee on Washington Washington Portraits requesting approval of a proclamation. Portraits Upon mstion duly made and seconded, it was voted to issue a proclama- tion, similar to the Governor's, declaring that the 100 days from September 20 to December 28 be a time for enlisting financial support to keep the portraits of George and Martha Washington in the Commonwealth Chairman Miley read a letter from the Executive Office of Communities HUD and Development stating that in addition to the planning technical assist- Grant ance program available to local governments, $45,000 in HUD 701 funds is now available to be passed through to communities Mr. Hutchinson recom- mended not filing for a grant at this time but consideration will be given to filing for a subsequent grant in the area of the Planning Board The Board agreed with Mr. Hutchinson's recommendation. The Board discussed attendance at the public hearing on municipal Ethics disclosure to be held by the State Ethics Commission on September 28 and Mr. Kent offered to attend as the representative of the Board. The Board tabled the matter of an appointment to the Community Health Committee V\ Selectmen's Meeting - 8 - September 24, 1979 Housing Mr Cohen recommended that the Board sign the deed conveying land Auth on North Street to the Lexington Housing Authority Deed Upon motion duly made and seconded, it was voted to approve Town Counsel's recommendation to sign the deed for the following three par- cels of land to be conveyed to the Lexington Housing Authority for the sum of One Dollar ($1 00) subject to easements, restrictions and covenants and agreements if any of record so far as now in force and applicable Executive Upon motion duly made and seconded, it was voted 4-0 by roll call Session vote _ Mrs Miley, Mr Buse, Mrs Battin, Mr Kent - to go into Executive Session, with no intention of resuming the open session, for the purpose of discussing strategy with respect to litigation, land negotiations, and one matter of personal reputation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 00 p.m A true record, Attest 7,7 , c. 3I Executive Clerk, Selectmen 1