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HomeMy WebLinkAbout1978-06-19-BOS-min SELECTMEN'S MEETING JUNE 19 1978 111 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, June 19, 1978 at 7 30 P.M. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchin- son, Town Manager; Mr Cohen, Town Counsel; Mr Nancy Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Bicycle The Recreation Committee and the Bicycle Subcommittee met with the Paths Board to request approval of the final plan on bicycle routes. Chairman Battin read the motion under Article 36 which was approved by the 1978 Annual Town Meeting That the sum of $22,000 be appropriated for the construction of bicycle paths, routes and lanes in such locations as the Recreation Committee may determine provided that such paths shall not be constructed on the property known as Willard Woods and that the pro- posed loop including Willard Woods be eliminated from the plan of the Recreation Committee with the approval of the Selectmen and for taking by eminent domain, purchase or otherwise acquiring any fee, easement or other interest in land necessary therefor, that such amount be raised in the tax levy, and in addition that the Selectmen be authorized to apply for accept, expend and borrow in anticipation of state aid for the project Chairman Battin said that this is not a required hearing; it is a dis- cussion by the Board and then will be opened up for questions from the audience We will not be talking about the cost, material to be used,or the width as they were approved by Town Meeting but we will be talking about the location, particularly the section that will replace Willards Woods, which was deleted by Town Meeting Mrs Uhrig, Chairman of the Recreation Committee, said that the com- mittee had reviewed the bike proposal after Town Meeting and on June le the Recreation Committee accepted the recommendation of the subcommittee and voted unanimously to make two changes, and deleted (1) North Street from Adams Street to Willard Woods, as this would eliminate the Willard Woods loop; (2) Fairfield to Hayes Lane along the Vine Brook, as there were legal problems involved We added Fairfield Drive down Brookwood Road to Saddle Club, along Grant Street on the sidewalk and turning in Hayes Lane These are the only two changes in the plan submitted to Town Meeting for the plan of bicycle routes from the Lexington-Lincoln line near Route 2 to North Street near the Burlington town line We have held hearings in April and June and abutters were notified In response to Mr Busa's question on whether the Grant Strebt residents were notified, Mrs Uhrig responded that, essentially, the section of Grant Street runs by three houses and conservation land, and the people of two houses were asked; one or both were at the hearing and did not want it in back of their houses but Grant Street is already used as a bicy'le way Mr Cohen explained that the change was in response to their objections of having it in the balk because the easement they had given originally said that you couldn't do that dI J Selectmen's Meeting - 2 - June 19, 1978 Dr Steven Friedman, 6 Fairfield Drive, said that the residents of Bicycle Fairfield Drive and Brookfield Road are quite concerned about the direct Paths route going down Grant Street to the Center As a bicycle rider, he did (cont'd) not need direct routes and there are still no provisions for upkeep or maintenance; the bridge over the Vine Brook is in an appalling condition and there would be many beer cans and garbage thrown on conservation land We are concerned about the lack of sensitivity these committees have shown to us on the use of the land in respect to people, environment and safety of children because of trail bikes in the area If Proposition 2 5 goes through, he did not feel that it would be sensible for the bike paths to go through. Chairman Battin responded that she had attended the first bicycle path hearing and was tremendously impressed with the respect they held for both people, property and conservation land In our form of Town government, Town Meeting does decide how the monies are going to be spent; they appropriate the money, and we, as Selectmen, execute Mr Busa said that the Selectmen can eliminate a project approved by Town Meeting Mrs Solomon said that the Conservation Commission has worked with the Bicycle Committee and we were very pleased that the land was going to be used in the proper manner We approve the project Mr Busa moved, and Mr Crain seconded the motion, to table and make a decision next week Chairman Battin, Mrs Miley and Mr Kent voted against and Mr Busa and Mr Crain in favor of the motion Upon motion duly made and seconded, it was voted 3-2 to approve the location of the bicycle paths as set forth on the map presented to the Board of Selectmen The Selectmen have noted that the solid line in Willards Woods represented only the existing bicycle path and no asphalt paving would be conttructed in that area Mrs Uhrig said that the committee will come back to the Board on their suggestion that consideration be given to a bicycle path/sidewalk combination on Wood Street We are also going to consider Massachusetts Avenue and will talk with Arlington to see how they accomplished this on Massachusetts Avenue in Arlington There are a number of people in favor of a length from the Bowman School to the Clarke Jr High and we will take a look at that Mr Kent said that he hoped the Recreation Committee would find some time to consider streets in Lexington which are candidates for the Selectmen permitting bicycles to be ridden up on the sidewalks The Board did not re- ject that concept by any means in deciding not to go forward with the By-Law change Now, it really does behoove us in order to make the maximum extent possible to make the regulations and customs of people to concur for us to think very seriously about designating a number of streets on which it would be expressly permissible to ride bicycles on the sidewalks The Recreation Committee retired from the meeting Mr John Brucchi, 63 Paul Revere Road, met with the Baord to request Brucchi- assistance on selling his home as a farm The Board of Health had in- Bd of Hlth, formed him that any new owner could only make application to keep two horses on the property `)74 Selectmen's Meeting - 3 - June 19, 1978 Mr Hutchinson informed the Board that this is a matter for the Board of Health and would be covered under their rules and regulations Mr Brucchi has been grandfathered by the Board of Health and any new owner would have to comply with the regulations The Board agreed that Chairman Battin and Town Counsel will in- vestigate to see if the Board of Health does have the power to pass the regulations and, if so, the Selectmen are not in a position to override their decision Mr Brucchi agreed and retired from the meeting Building 1 g Mr Hutchinson introduced Mr Peter DiMatteo and the Board welcomed Commissioner him as the new Building Commissioner Sewer Mr McSweeney, Mr Martin, members of the Planning Board, Conserva- Moratorium tion Commission and the Board of Health were present at the discussion on the sewer moratorium Mr Hutchinson said that he and the Selectmen had met with a number of Town agencies to take a lengthy look at the moratorium situation and the problems that are tied to it He read the following draft statement that the Board of Selectmen had instructed him to put together for their consideration "A thorough review of information from appropriate Town agencies con- cerning sanitary sewer problems within the Town of Lexington has resulted in a finding that water inflow into the sanitary sewer system is the primary source of the problem, not new connections to the sanitary sewer system The Lexington Board of Selectmen thus finds that the sewer moratorium is not an effective vehicle for resolving this serious matter Therefore, we remove the moratorium effective June 20, 1978 The Board does charge the administration with the following measures to relieve this serious problem (1) Implementing the Hayes Lane bypass sewer; (2) A publicity campaign advising people that diversion of surface water into the sewer system, including connection of sump pumps to the sewer, are illegal, and providing advice to citizens on how to correct this problem; (3) Conduct of an investigation program to determine locations of violations; (4) Where violators are advised and no corrective action ip taken, prosecution shall take place; (5) Expedite the Inflow Infiltration Study to implement long-range solutions to this problem; (6) Review with our consulting engineers all interim alternates that might be available to resolve this problem; (7) Continue the contingency plan which calf for chlorination if pumping is necessary to ameliorate conditions of overflow The Board believes that the resolution of this problem is critical and appropriate methods must be instituted for correction We continue to believe that the moratorium was an appropriate temporary mechanism while the subject was studied further in order that the contingency plan could be eval- uated and the impact of new connections could be considered Our sense of urgency continues regarding this matter and the Board has charged the admin- istration with continuous reporting on all matters relating to it We ask the citizens of Lexington who may be contributing to the inflow problem because their sump pumps are tied into the sanitary sewer system and/or are pumping into the sewer system water from their cellars, or citizens who have c1.1"r ala Selectmen's Meeting - 4 - June 19, 1978 roof drains tied into the sanitary sewer system to make appropriate arrangements; the Town will respond to requests for information and will cooperate to the maximum extent possible " Mr Zabin said that the Planning Baord is very much against lifting the moratorium. Nothing in the draft is new and, fundamentally, the back-up problem is not due to connections but to inflow/infiltration The overriding obligation is to the citizens and their well being rather than to any new developers For the record, any new development can go forward with temporary septic systems, so there is no unfair burden on the developer He recommended that an exception be made on scattered sites housing We hope the Board holds to its earlier decision to continue the moratorium for another year Chairman Battin responded that the Board did not vote to continue the Sewer moratorium for a year; it was a vote to continue with the understanding Moratorium that more immediate study be made Some questions were raised because some members of the Board felt that they didn't have enough information to con- tinue the moratorium and others didn't feel they had enough information to lift it, and this draft was in response to a lot of very tough questions that were asked Mr Kent said that he agreed with some of Mr Zabin's statements but not others He agreed with what he said about it being our first obligation to relieve conditions in people's houses, which is why the moratorium was put in place in the first instance The difficulty comes after we have had it in effect for a substantial number of months The question we keep asking, and which it is fair to say to our satisfaction hasn't been answered, is to what extent does this moratorium contribute, if not alleviation of, the problem at least to confining it to its present dimensions? As a technical matter, we have been having a great deal of difficulty in getting hard answers to that question, and it may very well be that that simply reflects the difficulty of the question. But we are doing something else with this moratorium - we are very drastically handicapping not simply builders but people who own individual lots of land from making perfectly lawful, useful use of the land which they have and for us to say that they may not do that and hook up to the fewer re- quires for us a rather solid basis for doing it We were willing to do it on a temporary basis to hold the status quo until some technical information is obtained, but to hold this thing for a year and a half to two years without some hard, scientific fact, it is very difficult for me If the moratorium is scientifically necessary to keep those cellars in no worse condition than they are The matter of exemptions can be a delicate one, with some legal overtones as well Mr Crain said that as the perpetrator of the extra time because he was unfamiliar with the subject and as one who spent two hours with DPW and the Director of the Board of Health and listened very carefully when we met with them for their input, he just did not have anything that persuades him that the mora- torium will alleviate or diminish the problem that exists The proper emphasis is on inflow/infiltration For the sake of continuing the moratorium for public relations at the risk of other taxpayers who own land in this Town, our obligation as Selectmen, he believed, is to all taxpayers - those who own property with build- ings on it and those who own property without. He was not given the persuasive in- ' formation that would be required for him to support the continuation of the mora- torium, and he would second what Mr Kent said that if, in fact, he is persuaded, in no way could he rationalize what he believed is illogical and then grant an 5 Selectmen's Meeting - 5 - June 19, 1978 exception to scattered housing; because the sense of urgency that would persuade him is for the people who have the problem in their cellars and that the moratorium is in fact important to their problem Mr Frank Sandy said that the sewer moratorium is a red herring No- body said that the moratorium is alleviating the amount of sewage that is going into people's houses or reducing it; it is preventing it from in- creasing and that is a position that the Town must take It cannot ir- responsibly allow the amount of sewage flowing into people's basements to increase It is the duty of those people who want the moratorium lifted to present engineering evidence that the amount of sewage in the pipes will increase If you can show how much the sewage level will in- crease per house connection, then you can make a decision based on engin- eering information as to whether or not you can safely remove the moratorium Chairman Battin said that her feeling, which is a very hard one to take, is that she is afraid that they would not get the votes necessary to have scattered sites housing if the moratorium continues; she felt that it is a very important commitment that the Town has made The problem of sewage in basements is there whether the moratorium is there or not and that has got to be remedied This has got to be done whether we lift it or keep it and that can be done on a house-to-house basis, and the same problems with pol- luting brooks are there whether there is a moratorium or not, and these things should be addressed separately even if we keep the moratorium or lift it Mr Crain said that, for the record, he just didn't understand what basis Mr Sandy has for making that remark The thing he was impressed with during the time he had spent with DPW and the Board of Health was a very high sense or urgency and a clear .indication of the need totake .care _of inflow-infiltration Unfortunately, Mr Sandy didn't listen to what the Town Manager read Mr Kent said that he didn't see it in such simple terms as Mr Sandy did He asked the Town Manager to give the people some indication of what we have as to the assessment of the engineers as to the contribution of the moratorium in preventing additional sewage from getting into the system. Also, is there a relationship between additional construction? Mr Donald Dargie of Whitman & Howard said that the inflow report will be submitted by early fall; the first is inflow and the second is infiltration. He couldn't answer the question on additional construction; this is an in- ternal problem. The completion of the studies will give you information and the next step is to isolate inflow Phase 2 is to start at the beginning of next year and at the same time the Town itself can be correcting the problems By the end of next year, we plan to have all the inflow that can be removed from the system, assuming that it can be done by Town forces Mr Busa said that in answer to Mr Sandy's question, there are a great many citizens that don't know it is illegal to connect and some who do If we can eliminate one sump pump, you can construct 100 houses for every illegal sump pump The average family of four uses approximately 300 gallons per day; a sump pump pumps approximately 50,400 gallons of water on a 24 hr basis to the sewer system, so if you can eliminate one, you can add another 100 houses to the system and not raise the water any greater than it is now If you 977 •Selectmen's Meeting - 6 - June 19, 1978 eliminate 10 sump pumps, we have 500,000 galison that we can eliminate into the system He believed that some of the citizens who know it is illegal will take out the sump pumps Mrs Sue Solomon, Conservation Commission, said that the commission will meet tomorrow to discuss the moratorium. She expressed her concern that if sump pumps are not allowed to connect into the sanitary system, it could be a disaster if connected to the storm system which runs into brooks Mr Hutchinson assured here that this is generally a pure-water situation Mrs Elaine Dratch suggested that the Board didn't have to do anything as radical as lifting the entire sewer moratorium but could allow those on a case- by-case basis, and scattered sites could be considered equally with an individual private developer If, as Mr Busa says, one sump is eliminated and it is proven that it contributed so many gallons, then other houses can then be put in Mrs Miley said that she was supportive of the moratorium and had spent a greatdeal of time within the last few weeks talking with people who are civil engineers and who feel very strong for conservation, as she does, and very strongly t about scattered site housing, and she had talked to people inside of Lexington and out She had done as exhaustive a job as she could, along with what has been done by our own agencies in helping us to make the decision Although she didn't want r to do it in some senses but after talking to those people, we should lift the mora- torium; therefore, she will vote for it Dr Frick recommended that a decision be put off until there is more factual evidence in on where the extra water comes from, what can be done about it, and how much it is going to cost If you cannot let anyone else connect, obviously you can't let scattered sites Before a decision is made, there should be more public discussion Mr Zabin also suggested that action be deferred and the Board should con- sider whether a more limited approach where you are not going to get major numbers of connections, and to get the information on inflow/infiltration Motion was made and seconded to lift the sewer moratorium as of June 20,1978 The motion was defeated by 3 members voting in the negative and 2 in the affirmative Mrs Battin, Mrs Miley and Mr Kent voted in the negative; Mr Busa and Mr Crain in the affirmative Discussion followed and some members of the Board agreed to defer a decision Motion was made and seconded to defer a decision for approximately 30 days for the purposes of exploring further approaches and solutions to the lifting of the sewer moratorium. The motion was passed with 3 members voting in the affirmative, one in the negative, one abstension Mrs Battin, Mrs Miley and Mr Kent voted in the affirmative; Mr Busa in the negatives; Mr Crain abstained The Board agreed to discuss the sewer moratorium at the meeting of July 17 Mr Nicholson, Mr Eisenberg and Mr Graf of the Street and Sidewalk Street & Design Advisory Committee met with the Board of Selectmen Sidewalk Chairman Battin said that it has been suggested by a former chairman Design Adv of the Street and Sidewalk Design Advisory Committee that perhaps there Committee was no longer a necessity for such a committee and that we might abolish it, as we have some of our other advisory committees We would like to discuss (1) the function of the committee; (2) whether the committee feels, as a whole, that the function should be continued or perhaps modified and Selectmen's Meeting - 7 - June 19, 1978 expanded in some wayto be used, as Mr Kent has suggested, in the choice of gg sidewalks to be constructed in any one year Mr Nicholson, Chairman, said that we feel we perform a useful function The work has been light as we only operate at your request We come to the street hearings but we don't comment until asked Mr Kent said that we have had questions concerning the disirability of the extension of sidewalk along Mass Avenue We have had a recent request that we consider a sidewalk in connection with construction work on Wood Street, including the question of making such sidewalks available for bicycle paths Would you regard it as something of interest for us to really raise those questions and another rather general request that you survey the Town's existing situation as to sidewalks to make recommendations to the Board as to what you think ought to be done? Mr Nicholson replied that there is a policy matter that all future side- walks should be included, and it is in our recommendations that sidewalks always will be included From my own point of view, it is of interest to re- view existing sidewalks Mr Eisenberg said that the original conception of the Advisory Committee was at a time when we felt there was not sufficient information given out in advance on proposed street construction He felt that a significant process of education and cooperation and general handling of the situation has brought the DPW to where now everybody up front knows what the preliminary planning is, has the sketch, gets a survey - and the people who are involved are very well informed by the Department now If that policy in fact continues in our pre- sence at a hearing in which there is complete and full information, we are really superfluous A citizen can ask a question of the Town Engineer and his assistant and it is the same question they would ask us - and we would have to turn around and ask the Town Engineer By having those kinds of pre-hearings, and as you know there have been several of them before that official hearing, we have come a long, long way since you had to go out and hold onto the trees as that was the first anybody had heard of it As the senior member of a "committee to abolish all necessary committees," let's not have an inter- mediary when there is no need for us to intermediate on anything On the other hand, if there is a need to review a sidewalk situation, he could see that as a specific charge to a specific committee and when they are finished with that particular problem they would disappear into the sunset To continue an Advisory Committee at this point, assuming DPW keeps up the same process, seems to be superfluous You can, of course, in a particularly difficult situation enjoin an ad hoc committee of citizens, who have some particular expertise on a particularly sticky problem, to deal with it But to just continue what is in effect a stand- ing committee year after year which is superfluous doesn't make a lot of sense Mr Graf agreed, and Mr Nicholson, with exceptions Upon motion duly made and seconded, it was voted to abolish the Street and Sidewalk Design Advisory Committee Com Vict Mr James Rothwell, Store Supervisor, met with the Board to request approval Friendly's of a Common Victualler license, with hours of operation of 6 00 a m to 1 00 a.m. , for the new Friendly Restaurant located at the Lexington/Waltham town line. .d I Selectmen's Meeting - 8 - June 19, 1978 Chief Corr had recommended a closing time of 12 00 Midnight and the Board agreed to adhere to the policy of a midnight closing of all restuarants Mr Rothwell was advised that it at some point in time the Board reviewed and agreed to an extension of hours for restaurants, he will be so informed Upon motion duly made and seconded, it was voted to grant a Com- mon Victualler license to Friendly Ice Cream Corp , Waltham Street, Lexington, with hours of operation of 6 a.m to 12 00 Midnight, 7 days Chairman Battin requested the Board's approval of an appointment School to ther School Sites Conversion Committee Sites Mrs Miley said that a letter had been received from the Housing Conversion Authority requesting the appointment of one of their members to the Committee School Sites Conversion Committee After speaking with the Chairman of the Authority, she nominated Mr William Spencer of the Housing Authority for appointment to the committee; they have been so cooperative and hous- ing is such a serious, problem in the Town, it would be a logical choice to have a member of the Housing Authority on this committee Upon motion duly made and seconded, it was voted to appoint Mr William Spencer, 32 Hancock Street, a member of the School Sites Con- version Committee for a term of office expiring May 31, 1979 Chairman Battin requested the Board's approval of the jury list Jury List Upon motion duly made and seconded, it was voted to approve the list of 218 jurors to be submitted to the Jury Commissioner for the period of July 1, 1978 to December 31, 1978 The Board approved the appointment of 8 Guides, as recommended by Guides Rev. Handley, Director of Guides Upon motion duly made and seconded, it was voted to appoint the following Official Guides of the Town of Lexington for a term expiring June 1, 1979 Stephen Bertolini, Marianne Brouillard, Frederick H Hagedorn, Richard John, James Lyons, Peter Ostrow, Charles Soparker, and Richard Sutton Chairman Battin read a report from the Traffic Safety Committee Waltham stating that it had reevaluated the question raised by Town Counsel St.Parking regarding the process of implementation of the extension of hours Meters on parking meters on a section of Waltham Street from 6 00 P M to 9 00 P.M for a trial period of six months, and the procedure will be (1) Notice in the Minute-man for two weeks regarding change of hours; (2) Police monitoring and public education program implemented by Captain Lima of Traffic Division; (3) Signs posted intermittently on meter stanchions indicating metered parking from 9 00 A M. to 6 00 P M Upon motion duly made and seconded, it was voted to approve the extension or hours on parking meters on a section of Waltham Street from 6 00 P.M to 9 00 P M. for a trial period of six months, subject to the implementation process recommended by the Traffic Safety Com- mittee The Town Manager is to report back to the Board one month after the new hours have been in effect Asa Selectmen's Meeting - 9 - June 19, 1978 Traffic Chairman Battin read a report from the Traffic Safety Committee Lincoln St that a potential safety problem exists on Lincoln Street near Birch Hill Lane due to vehicles parked by gardeners As the street is narrow and has a curve, it is recommended that Lincoln Street be posted for No Parking on both sides in the area Upon motion duly made and seconded,it was voted to approve the recommendation of the Traffic Safety Committee to amend the Traffic Rules and Orders by adding to Article V, Section 2, Schedule #1, the following LOCATION SIDE FROM TO TYPE PARKING Lincoln Street Both Birch Hill Lane 300' Easterly No Parking Benches- Chairman Battin read a recommendation from the Transportation Mass Ave Advisory Committee to approve the installation of benches at the MBTA Stop META bus stop on Massachusetts Avenue Transportation Management Corporation, which leases the building at the bus stop, has agreed to pay for the benches If approved by the Historic Districts Com- mission, the committee requested appropriate action by the Board Mr Hutchinson said that one of his people could work with the committee on this Mrs Miley asked if this particular company does not continue in that particular location and they have paid for the benches, what happens? Mr Buse explained that Transportation Management has the Boston School contract and this has no effect on the Lexington location Re- gardless of whether we give permission or not, they are privately owned benches on private property, and they are not on the sidewalk Upon motion duly made and seconded, it was voted to approve the recommendation of the Transportation Advisory Committee for the in- stallation of benches to be paid for by the Transportation Management Corporation at its leased property located at 1668 Mass Avenue adja- cent to the MBTA bus stop, subject to approval of the Historic Districts Commission The Transportation Advisory Committee is to contact the Town Manager to work out the details The Board voted to approve the following requests Cary Hall 1 Sacred Harp Sing to use Cary Hall for group singing on Friday September 29, 1978, from 7 00 P M. to 11 00 P M. in addition to previous approval for September 28, subject to payment of the fee for the hall and custodian 2 Block party on Sunday, July 9, from 4 00 P M to 8 00 P M. at Dane/Foster/Sherburne Roads 3 Block party on Thursday, June 22, from 6 30 P M. to 9 30 P M. at Bloomfield/Eustis/Highland Avenue 4 Square Dance on Sunday, July 2, 7 00 P M. to 11 30 P.M at Field/Barberry Roads No alcoholic beverages to be consumed on the highways. 5 Block party on Saturday, June 24, 3 00 P.M to 5 30 P M at Goffe/Dudley/Worthen Rd East 6 Car Wash on Saturday, July 1, daylight hours, Depot Square, Greek Orthodox Church Youth Group (rain date July 2) , subject to permission being granted by Depositors Trust 981 Selectmen's Meeting - 10 - June 19, 1978 Chairman Battin requested the Board's approval of the State Sunday Lions licences for the equipment to be used at the Lions Club Carnival on Club July 2 Carnival Upon motion duly made and seconded, it was voted to authorize Permits Chairman Battin to sign the Sunday licenses, which are to be ap- proved by the State Department of Public Safety, for the equipment used at the Lions Club Carnival on July 2, 1978 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of Selectmen's meetings held on February 13, February 21, February 27 and May 2, 1978 Upon motion duly made and seconded, it was voted to deny the request Cary from Manpower of Waltham to use Cary Hall to recruit for employment on Hall June 27, 1978 as this request does not fall within the terms of the will regarding the use of the Hall The Board agreed to vote the summer schedule of meetings Selectmen's Upon motion duly made and seconded, it was voted to meet on the Summer following dates during the summer months June 23 from 11 00 a.m to Meeting 3 00 p m to discuss goal setting procedure and policies, at a site to Schedule be designated; June 26 at 7 30 p.m at Bedford with the Bedford Board of Selectmen; regular meetings at 7 30 p m in the Selectmen's Meeting Room on July 3, July 17, July 31, August 14, August 28 and September 11 Mrs Miley discussed the Hancock School and infonted the Board that Hancock Mr Noyes, developer, asks if the Board would agree to the cleaning of School the sandstone and the bricks on the outside of the Hancock School, which would result in an increase of $300 in the sale price of each condominium unit The Historical Commission had recommended that the sandstone be blasted but the developers' architect felt that it would be very damaging to a historical building, so they washed a section and it came out well This would put them above the 10 percent of the original cost (they had agreed to go only 10 percent above) and would like the Board's opinion Mr Cohen stated that whatever they are proposing to do will add $200 and that brings them over the limit they agreed to and was put into effect under our agreement of a penalty that they would pay the Town if they charged so much more Mrs Miley recommended against it and suggested that if the Condominium Association at some later date decided that they wanted to wash the outside, so be it The Board agreed with Mrs Miley, who is to inform Mr Noyes Mr Hutchinson recommended that Board's approval of the award of the Recycling recycling contract to Miller Disposal The bid was for $4,000 a month Contract and had been reviewed with the Appropriation Committee as $45,000 had been 1 4.4 SZ Selectmen's Meeting - 11 - June 19, 1978 budgeted It will be necessary to come back later on for a transfer and the Appropriation Committee had indicated that it would like to see a report when it is reviewed by the Board Mr Busa asked for a status report on recycling costs Senior Mr Hutchinson said that we have taken in $12,000 so far and we have Center had tonnage increase since Town Meeting We will pick up more before the end of the year Upon motion duly made and seconded, it was voted to approve the recom- mendation that the Town Manager award the recycling contract to Miller Dis- posal, Inc , Bedford, in the amount of $4,000 a month for an 11-month period; authorization contained in Article 28 of the 1978 Annual Town Meeting Mr Hutchinson advised the Board that negotiations are continuing on the Senior Center site and we are hopeful that we will have an agreement in the near future We are dealing primarily with the Church of Our Redeemer and have the endorsement of the Council on Aging and the Senior Center Site Committee Appts Chairman Battinsaid that we have agreed to expand the Senior Center Sr Center Site Committee and we have had four names suggested for appointment Site Upon motion duly made and seconded, it was voted to appoint the fol- Committee lowing as additional members of the Senior Center Site Committee Johanna Mollo-Christensen, 10 Barberry Road; Mark Moore, Jr , 18 Lois Lane; William J Sen, 24 Baskin Road; Marilyn Waehler, 6 Ledgelawn Avenue; Edward D McCarthy, 682 Marrett Road Mr Hutchinson informed the Board that he will be meeting with the Solid Waste Committee on Wednesday evening to review alternate proposals that might be considered for a final solution to our solid waste problems We are in the draft stage and expect to come back to the Board in the near future The Housing Authority was present for a meeting with the Board in Exexutive Session Golini- Mr Benjamin Golini, 35 Balfour Street, was recognized and asked if Tax the meeting with the Housing Authority was relative to the article in the Title Minute-man on scattered sites He was interested in the lot next door to Lot him and wondered whether there would be an opportunity for citizen input before any action is taken by the Housing Authority Chairman Battin said that it was her understanding that there are 26 sites which have been submitted to HUD and the Housing Authority is await- ing HUD's approval; they will then come back to the Board and we will be requested to actually transfer the sites We have kept a record of every- body who is interested in any of the sites which have been proposed and we have informed them that, after HUD's approval, when the Housing Authority meets with us to request the transfer of the lots, we will notify them when that meeting is to occur We have to wait and see what HUD says 283 Selectmen's Meeting - 12 - June 19, 1978 Mr Golini said that he had not received any notification whatsoever regarding the site next door to him and he would like the Board to under- stand and be aware of that for the past 18 years he had appealed to the Town for that lot; the previous Planning Board, Mr Zaleski, indicated that the lot was not suitable for building and was a non-conforming site He had appealed to the Planning Board and the Selectmen for that site as a construction lot It was denied beacuse of the size; he had appealed to both again to share that lot with his next door neighbor so that we may keep it in its present environment, and that was denied We have been in- structed not to concern ourselves regarding that lot since it is a non- conforming lot and an unbuildable lot, and now we find that it is a lot sited for housing In our initial offer to purchase, we indicated that we would like to keep this lot in its present environment and yet the various boards within the community have denied us this lot; in view of the situation as it is now arising, it seems to me that we have been de- nied our due process Mrs Miley said that she knew that Mr Golini had built an addition to his house, and she asked if it was his plan to use that lot if he bought it by extending out a little more? Mr Golini replied that they might have changed their plans Mr Buse said that the record will show that we have sent him a letter informing him of the moratorium on selling lots to individual people and this would not take place until the Housing Authority had notified us that they were not interested in that particular lot It would be of interest to us if you had something to prove that some Planning Board member or someone before us said that it wasn't a lot to build on He had been on the Board of Selectmen for 8 years and it would have to have been made before that time Mr Golini said that it was duly recorded in the Minute-man news- paper at the time, and he was sure that the Planning Board would have minutes on those meetings Mr Crain was concerned about the time line as to when HUD would be heard from and what, if any, action after that time would take place If there is a real press for time, then Mr Golini deserves to know Mr Scanlon said that they hope to hear from HUD by July 1, and at that time, they will advertise for a developer's package and bids go out At the time of the bid opening, the Authority will select #1 and #2 altern- ates; they will then be submitted to HUD for approval Under the proposal they will present to us will show the siting of a unit of either 2, 3, 4 bedrooms on each site and we will specifically identify the 25 sites which that particular developer has selected When HUD approves our 1, 2, 3 selections, at that time we would then notify the Board of Selectmen Not until the developer has done in with a proposal for the 25 lots would we come to the Board of Selectmen to request the transfer of the lots Mr Kent asked if it would upset the arrangement with HUD if the Board said that it didn't want to turn over any particular lot? Mrs Shunney replied that it would not We would go to HUD and say that these are all the lots we .have If HUD doensh't approve a lot, there is nothing we can do and it is a dead issue If we get X number of lots approved and at that time we come before the Board of sV`t Selectmen's Meeting - 13 - June 19, 1978 Selectmen for the transfer it would seem that the process of things at that time would be for the Board of Selectmen to advertise and notify abutters that the lots have been approved and the Housing Authority had permission from HUD, and then you would have to decide to turn the lot over to us or not Chairman Battin said that this is what we plan to do Mr Cohen suggested that Mr Golini be asked to provide the whole history of the lot as he will have some idea of when it was in the last 18 years Mrs Golini said that she would be glad to go through the records here of the last 18 years plus the material she had at home It was agreed that the Golinis would research the matter Executive Upon motion duly made and seconded, it was voted 5-0 to go into Executive Session for the purpose of discussing strategy with respect to litigation and the personal reputation of individuals who are aware of it, with no intention of resuming the open meeting Upon motion duly made and seconded, it was voted to adjourn at 12 15 P M A true record, Attest fine atitr Executive Clerk, Selectmen 111 I