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HomeMy WebLinkAbout1978-05-01-BOS-min 919 4,4 SELECTMEN'S MEETING May 1, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday May 1, 1978 at 7 30 p m. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent, and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director, Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Mrs Lee Ann McGrath, owner of Lee Ann's Restaurant, 1720 Massachu- Entertainment setts Avenue, met with the Board to request an Entertainment license for License a 3-piece band and a dance floor for a wedding reception on Saturday, Lee Ann's June 10, 1978, from 12 00 Noon to 6 00 p m Also, an Entertainment License for organ music on Thursday, Friday and Saturday evenings from 7 00 p m. to 12 00 Midnight In response to the Board's questions, Mrs McGrath said that she would come back to the Board if she had other function requests for an orchestra and dancing; there would be no more than 100 people involved, and there are ample underground parking facilities Also, she hoped that permission would be granted for organ music on three evenings a week Mr Hutchinson said that if the Board approves, he recommended that it be subject to building and fire regulations The Board agreed, and reminded Mrs McGrath that, under the Common Victualler All Alcoholic Beverages license, food is to be served in conjunction with liquor Upon motion duly made and seconded, it was voted to sign the Enter- tainment license for Lee Ann's Restaurant, 1720 Massachusetts Avenue, for a 3-piece band and a dance floor for a wedding reception in the dining room on June 10, 1978 from 12 00 Noon to 6 00 p.m , subject to building and fire regulations Upon motion duly made and seconded, it was voted to sign the Enter- tainment license for Lee Ann's Restaurent for organ music on Thursdays, Fridays and Saturdays from 7 00 p.m. to 12 00 Midnight; license ex- piring December 31, 1978 Mrs. McGrath thanked the Board and retired from the meeting Mrs Frances Fletcher, General Manager of the Sheraton-Lexington Entertainment Motor Inn, met with the Board to request approval of a revision of the License Entertainment and Innholder liquor licenses for dinner dancing in the Sheraton dining room on Friday and Saturday evenings, and an extension of hours Lexington Inn from 12 00 Midnight to 1 00 a m. Mr Busa objected to an extension to 1 00 a m as he felt that food would not be served and, therefore, would result in drinking and dancing Mrs Fletcher responded that they would definitely serve food, and there are many late diners who would enjoy being able to dance We presently have permission for dancing in the small lounge and we would discontinue it and bring it into the dining room 242() Selectmen's Meeting - 2 - May 1, 1978 The question was raised as to whether there would be an overflow of people coming from the lounge into the dining room to dance Mrs Fletcher replied that she did not anticipate that happening but, if we felt it to be necessary, we would return to the Board The Board agreed that it had no objection to dinner dancing but to grant an extension beyond Midnight would set a precedent and therefore, should be discussed as a policy matter Mrs Fletcher was advised that if she desired to re-submit her request for an extension of hours to 1 00 a m. , the Board would then consider it as a general policy question Upon motion duly made and seconded, it was voted to sign an Enter- tainment license for the Sheraton-Lexington Motor Inn,, 727 Marrett Road, for dinner dancing in the main dining room on Friday and Saturday even- ings from 5 00 p m. to 12 00 Midnight, subject to building and fire regu- lations; license expiring December 31, 1978 Mrs Fletcher thanked the Board and retired from the meeting Massport Mr Allan F Kenney, Lexington's representative on the Governor's Agreement Hanscom Task Force, met with the Board Mr Kenney Said that the Task Force was set up in 1974 to advise the Massport concerning the transfer of the physical Air Base from the Air Force to the Massachusetts Port Authority At that time, there was a contentious issue of the possibility of expansion of the airfield, noise,etc Over the four years, the Air Force removed all of their planes and a noise abatement policy and a voluntary curfew were insti- tuted. By a series of actions such as these, members of the Task Force were able to come to a consensus, and this consensus was established as the policy recommendations, which were presented and adopted by this Board, and Concord, Bedford and Lincoln also adopted them These policy recommendations had been forwarded to the Port Authority, and they are very much aware of them because they have been part of them all the way along We expect that, at their meeting on June 15, they will incor- porate them in their Master Plan for Hanscom Field At that point, we feel that the Hanscom Task Force will go out of existence We feel, and Massport agrees, that there should be some continuing group to serve as advisory to Massport and as a liaison committee which could gather information and study it and generally represent the area with the operators of the Airport To that extent, the Task Force had adopted a resolution to ask the four towns to enter into a memorandum of under- standing with the Massachusetts Port Authority to establish a Hanscom Field Advisory Committee Mr Kenney recommended that the Lexington Board of Selectmen enter into the agreement (a copy of which he had previously submitted to the Board) Chairman Battin read a letter from the Chairman of the Lincoln Board of Selectmen suggesting that the following changes in the agreement be made (1) the Chairman of the proposed committee should be one of the Town's representatives; (2) Since it may be desired in the future to make amendments to the agreement, the method to be followed in such cases should be included in the original agreement Also, it was sug- gested that a joint meeting of the four Boards of Selectmen be held to discuss the agreement 221 Selectmen's Meeting - 3 - May 1,1978 Mr Kenney said, regarding Lincoln's first suggestion, it would probably be desirable but he did not think it should be set in concrete He felt it would be wise to let the new committee choose a chairman, who might possibly be a member of a citizens' group with the time, interest, and the expertise to be a great chairman Regarding the second point, he felt it was not a bad point and he had no trouble with it, as long as the Board remembers that this is a memorandum of understanding, not a contract He read Item 11 of the agreement," It is hereby mutually agreed by the Towns of Bedford, Concord, Lexington and Lincoln, in accor- dance with a vote of its board, to establish the Hanscom Field Advisory Committee as herein described " Mr Kenney recommended the following addition to that paragraph "It is further understood that this agreement may be amended in the same manner as that of its original adoption " He explained that if something comes up two or three years from now, and the people from Concord or Lincoln want to meet with the Selectmen of Lexington and Bedford and say that we want to change this, then do it in the same manner in which they arrived at this plan in the first place Beyond that, it further states in the agreement that the committee should have the power to organize itself and a majority of the committee may establish rules and regulations for the orderly conduct of the business of the committee We should, again, allow the committee to grow and hopefully, prosper The Task Force went over the agreement very carefully and it is quite compatible with what we have been trying to develop over the past several years The Board agreed with Mr Kenney's recommendations that a Chairman of the proposed committee should not be specified, and to the amended Section I, Item 11 of the agreement It as also agreed that a joint meeting of the four Boards of Selectmen would not be necessary at this time, unless the Town of Concord proposed many amendments Upon motion duly made and seconded, it was voted to accept the recommendation to enter into anagreement with the Massachusetts Port Authority and the Towns of Bedford, Concord and Lincoln to establish a Hanscom Field Advisory Committee GOVERNOR'S HANSCOM TASK FORCE Joint Agreement among Massport and the Towns of Bedford, Concord, Lexington and Lincoln. I PREAMBLE 1 The Massachusetts Port Authority owns and operates a General Aviation Airport at Hanscom Field; 2 Said Hanscom Field comprises parts of the towns of Bedford, Concord, Lexington and Lincoln; 3 Citizens of the aforesaid towns who reside near Hanscom Field are concerned about possible adverse effects of aviation operations on their quality of life; Selectmen's Meeting May 1, 1978 4 Business and labor interests are concerned that the value of the air- port as a factor in the economy of the region be maintained; 5 Citizens of the area generally are concerned that ground transport111 - ation planning issues be considered in a comprehensive, rather than piecemeal manner; 6 Massport and the four towns are concerned that land uses on the land owned by Massport but not used for aviation purposes and land adjacent to the air- port land be planned with a view to establishing mutually compatible uses; 7 For the past four years the Governor's Hanscom Task Force has been working with Massport in the interest of the various communities towards the establish- ment of a Master Plan for Hanscom Field; 8 Massport has recognized and dealt with the foregoing points in "Master Plan and Environmental Impact Statement" prepared by Massport and adopted by the Massport Board on June 15, 1978; 9 The Task Force will dissolve upon adoption of the Master Plan by the Massport Board; 10. There is a continuing need for liaison between the towns and the several public interest groups, and Massport on the implementation of the Master Plan and the resolution of peripheral land use and transportation planning issues; 11 Said Master Plan commits Massport to participating in the establishment of and working with a Hanscom Field Advisory Committee; 111 It is hereby mutually agreed by the Towns of Bedford, Concord, Lexington and Lincoln, in accordance with votes of their respective boards of selectmen, and by Massport, in accordance with a vote of its board to establish the Hanscom Field Advisory Committee as herein described It is further understood that this agreement may be amended in the same manner as that of its original adoption II PURPOSE AND SCOPE The Hanscom Field Advisory Committee is a group of representatives of the various interests affected by the operation of Hanscom Field as a General Aviation Airport It is established for the purpose of identifying the goals and concerns of the residential, business, institutional, environmental and governmental community in which the airport exists, and communicating them to Massport and others for use in formulating planning and operating decisions in the broad public interest It initiates and responds to proposals relating to such decisions, advocating the interests represented, and overseeing the imple- mentation of the Master Plan Further, it serves as a primary liaison between Massport and the respective represented interests 223 Selectmen's Meeting May 1, 1978 III COMPOSITION The interests to be represented on the Hanscom Field Advisory Com- mittee comprise: 1 Permanent members - the four contiguous towns 2 Ex officio members - Members of the U S Congress and the Massachusetts General Court whose districts include any parts of the four contiguous towns 3 Members qualified by the procedure of Section IV, below It is a goal of this agreement that the membership should be broadly representative of the various facets of public interest in the airport Appropriate interests include: 1) Aviation - Operators 2) Aviation - Pilots 3) Business Users 4) Organizations concerned over aircraft noise 5) Organizations concerned with the environment 6) Organizations concerned with transportation planning 7) Organizations concerned with land use and development 8) Organizations representing neighborhoods affected by the airport, though preferably not more than one such organization endorsed by each member Town 9) Other organizations having an interest in Hanscom related issues and an ability to contribute IV QUALIFYING PROCEDURE A. Qualifying Authority The Boards of Selectmen of the perma- nent member towns or their designees shall jointly determine what organizations shall be members of the advisory committee Mass- port may make recommendations and advise on the qualification of applicant groups In the event of a division, the vote of two of the four towns shall be required to qualify an applicant organization The following criteria shall be considered in the qualification process 1 HFAC should have balance, continuity and broad representation 2 Member groups should have a demonstrated ability to contribute; they should represent significant numbers of people 3 Groups should be organized, have stated goals, focussed field of concern, and be generally recognized as representatives of their constituencies 4 Duplication of philosophical or policy orientations should be avoided Groups having similar interests and goals should be encouraged to combine in membership in the interests of preserving balance 224 Selectmen's Meeting May 1, 1978 B Maintaining Qualification Regardless of the qualifications of any group, active participation shall be a condition of continued membership The qualifying authority shall annually review participation in HFAC, put non-participating groups on notice, and remove those that persistently neglect to participate C Representatives. Member groups shall designate their own repre- sentatives to HFAC Working alternates who can participate in the absence of representatives may also be designated V RELATIONSHIPS The HFAC will have the following working relationships A Massport Primary liaison on all issues as defined in the policy statement on p 31 of Draft Master Plan Report Massport will also supply clerical support and planning services related to aviation issues, on-eiirport land use, and effects of airport operations on off-airport land use B F A A. Participation by F.A.A in HFAC activites should be sought to obtain information on Federal aviation policy and on community participation activities in relation to air- ports in the country C Central Transportation Planning Staff There should be liaison with the C T.P S on ground transportation projects impinging on the Hanscom area D M.A P C Staff planning support on all other off-airport land uses of regional significance will be sought E Other governmental agencies with an interest in the area U S A F , E S D , the National Park Service and other interested governmental entities will be kept informed and invited to parti- cipate as their interests are involved VI MEETINGS AND PROCEDURES The HFAC shall meet on a regular bimonthly schedule with extra meet- ings when business requires All meetings shall be open, and non- members shall be afforded the opportunity to be heard to the extent consistent with the orderly conduct of the meetings The Committee shall not act as a parliamentary body, compromising or resolving issues or settling policy questions by vote Rather, it shall gather relevant information, evaluate it and communicate it to par- ticipants and related groups for response The Committee shall communicate such response to Massport and other appropriate agencies A majority of the Committee may establish rules and regulations for the orderly conduct of the business of the Committee 925 Selectmen's Meeting May 1, 1978 VII CHAIRMAN The Chairman shall be elected annually by the Committee members He or she shall perform the usual duties of the Chairman with respect to the conduct of meetings The Chairman shall have no authority to speak or act for HFAC except as directed by a vote of the Committee or to relate the contents of the record of the meetings He or she shall monitor and report to qualifying bodies on the adequacy of representation VIII. SUBCOMMITTEES HFAC may establish standing or special subcommittees Parti- cipation in subcommittee activity is not necessarily limited to HFAC members, but may include representatives of related govern- mental entities and nonmember participants iv Mr Kenney informed the Board that he was not a candidate for appointment to the new committee, and he recommended that the Board give consideration to one who is familiar with Town government and community affairs; particularly a person with an unbiased approach Mr Kenney was intered in continuing as a member of the Hanscom Community Council The Board thanked Mr Kenney and he retired from the meeting Mrs Janet Tassel, 21 Suzanne Road, and abutters of Willards Willards Woods met with the Board to discuss existing conditions in the Woods area They requested assistance in eliminating the use of motor bikes, motorcycles, overnight camping, excessive litter etc , and requested floodlights, night patrols, curfew, signs, and fences (road barrier) to be erected with access available only to police, fire and public works The possibility of a work restitution pro- gram for violators was also mentioned They suggested that a citizens' committee be formed to monitor the area and work with the Town Manager towards a solution to their problems It was agreed that Mrs Tassel is to make an appointment with Mr Hutchinson to discuss the matter In the meantime, Mr Hutchinson will talk with the police and fire chiefs, and explore the possibility of permanent signs, lighting, and a road barrier; he will explore a program of work restitution with Judge Forte Mr Louis A. Zehner, Town Treasurer, met with the Board to request Treasurer approval of a $625,000 bond issue for a four year term, rather than the $800,000 bond issue, with a five year maturity, which was anticipated in the FY 79 budget Because the bond issue will be less, we can liquidate a four year bond issue without an increase in debt service over the amount in the budget Mr Crain commented that it would be to the Board's advantage to have multiple year projections on debt service Mr Hutchinson agreed and said that he would look at the debt service Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer for a four year term for the $625,000 bond issue to be sold on May 23, 1978 and dated June 15, 1978 The Board thanked Mr Zehner and he retired from the meeting )2b Selectmen's Meeting - 4 - May 1, 1978 Sewer The Board discussed the sewer moratorium Mr McSweeney, Director Moratorium of Public Works, Mr McSweeney's Assistant Town Engineer, members of the Board of Health, Planning Board, Conservation Commission, and the Sewer Advisory Committee were present Mr Hutchinson said that, after a great deal of review in utilizing data that the Board has, reports filed with the Board of Health of our actual experience, which we discussed with them at our last meeting, and further review of planning reports relating to developed and un- developed land, looking at economic considerations as well as public health which is the primary consideration, there are also certain comments that the town has registered to the diversification of housing within the town My recommendation to the Board is the continuation of the sewer moratorium until April 1, 1979, with an exemption for commitments for low and moderate income housing, specifically keeping in mind the scattered sites housing grant that the town is pursuing and would not want to compromise In our discussion with the Board of Health, they did ask about gallonage We anticipate that the maximum development of the Vine Brook Water Shed area would place 125 new homes in the remaining 133 residential acres and the possibility of 363,000 sq ft of office in the remaining 50 acres of industrial land , producing potential gallonage of 125,000 to 200,000 gallons per day to the sewer system, depending on the nature of the facility and the level of development We are not able to ascertain that the additional contribution would seriously compromise the system; however, it would be another contributor to an existing serious problem Aspointed out at our last meeting, in the execution of our contingency g Y plan, we were able to ameliorate some problems and we had some negative experiences, particularly during one storm, and we continue to have problems on an overall basis In talking with the consultants today, we are looking at the installation of the Hayes Lane overflow sewer during the summer months (which are drier) , trying to take a further interim step to relieve the problem Secondly the continuation of our sewer study under Phase I, which will be completed in June, should identify once again the gallonage by further refined preliminary datathat we have and it would lead to the basis of going to Step 2 of Phase I, which calls for utilizing the p b equipment, etc , identifying areas of actual problems, such as, roof leaders connected to the system, possible storm sewer connections to the system Some of these things, which we can correct, are being identified and should have some positive implications for this problem It would be unrealistic, however, to point out that this is going to be an immediate solution because we are dealing with state and federal agencies and, even if we filed a report on Phase I with them, we expect we would not have an answer from them to go into Step 2 until December or January implementation; so we would really be into 1979 or 1980 before implementing some of these solutions The other alternative which we looked at, and consider economically un- realistic, is increasing the pipe size; running all the way to Arlington would be a tremendous cost to the town In that light, looking at, °27 Selectmen's Meeting - 5 - May 1, 1978 (1) existing problems and the public health dimensions; (2) assessing goals of the Town (3) the practical implications of development which indicate some potential loss of revenue; the recommendation is for the continuation of the moratorium, with the exception of low and moderate income housing, until April 1, 1979 Town Counsel agreed to review the legal question raised as to whether scattered sites could be exempted from the sewer moratorium Dr Erdos spoke for the Board of Health and strongly urged that the Board support the moratorium for at least one more year He recommended public education on the impact of inflow into the sewer system as it is apparent at times that 75 percent of the flow in the sanitary sewer system is non-sewage The contingency plan looked good on paper but it did not work on two occasions More permanent solutions pointed to building the Hayes Lane cross connection The Board of Health felt that the inspection system has been less than adequate, and we are aware of many illegal connections from the storm drain system into the sanitary sewer system and they have not been disconnected, such as, storm drains in driveways or basements which connect directly into the sewer system, and leaders that are directly connected He pointed out that Fiske Common development had problems during the winter and although it is not illegal for homes to have sump pumps, he would like to know where they are being connected Mr Hutchinson said that he was not aware of any illegal connec- tions and requested a list from the Board of Health; also, Fiske Common development would be reviewed Members of the Board were also unaware of illegal connections and agreed to discuss the matter further Mr McSweeney said that the ones that were brought to his attention during the four back-ups were all taken care of Those illegal connec- tions to the sewer system were all disconnected by the people involved Mr Zabin, Chairman of the Planning Board, said that the reason his Board is in favor of the moratorium is because the water table seems to have been rising One of the problems involved is that a good deal of development has occurred on wetlands and available land to be developed is wetland If development goes on, the effect on the water table is likely to be worse, the problem of infiltration is likely to become worse and, therefore, you don't add to the existing problem Mrs Crothers, Chairman of the Sewer Advisory Committee, said that her committee had not had a chance to discuss it but she was sure they would be in accord with Mr Hutchinson's recommendation She wondered if there might be a way of accommodating the scattered sites program in sewering some of the existing homes with septic tanks so As to permit the scattered sites program to go forward? Mr Hutchinson said that the construction program is to sewer areas where there has been a health problem and the Board of Health reviews connections to the sewer system. He did not see anything in the immediate construction program that would fall into the category Mrs Crothers had mentioned but we can look at it The problems in the Saddle Club area were also discussed The Board agreed to continue the discussion on the sewer moratorium at next week's meeting All involved persons retired from the meeting 928 Selectmen's Meeting - 6 - May 1, 1978 Lincoln Lab The request from Mr John B Paddleford, Facilities Engineer Sewer of the Lincoln Laboratory, for approval of a sewer connection to service one of its buildings was tabled until next week. Lexington Chairman Battin read a report from the Traffic Safety Committee Gardens in response to a letter from Mr George Wadsworth, Chairman of the Board of Appeals, recommending that truck traffic generated by the Lexington Gardens be re-routed Mrs Miley informed the Board that Lexington Gardens has sub- mitted two petitions to the Board of Appeals for an expansion of the premises plus a larger operation during the Christmas season The Board agreed to table the matter pending additional informa- tion being received on (1) hours on the existing Board of Appeals' permit; (2) neighborhood reaction to the present trucking situation; (3) expansion of the premises and the proposed Christmas season opera- tion Litter Chairman Battin read a letter from Governor Dukakis requesting the Clean-up Town's support in promoting Litter Olympics during the week of May 6 Week to May 13, 1978 A report from Mr McSweeney stated that the Public Works Department has begun its clean-up program and, as in the past, would assist local participating organization in the form of labor and equipment Also the Conservation Commission had published a letter in the newspaper urging citizen participation Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on January 16, 23, 24, 30; April 24 and 26, 1978 Bike-a-Thon Chairman Battin read a request for a Bike-a-Thon Upon motion duly made and seconded, it was voted to grant permis- sion to the Bedford-Lexington Bike-a-Thon, sponsored by the American Diabetes Association, to conduct a bike-a-thon on Sunday, May 21, 1978, from 12 00 Noon to 4 00 p m Gift- Chairman Battin read a letter from Mr George C Sheldon, former 24-hour Flag Selectmen, offering gifts to the Town Act Upon motion duly made and seconded, it was voted to accept the gifts from Mr George C Sheldon, former Selectmen, of the framed copy of the Act of Congress permitting Lexington to fly the flag 24 hours a day on the Battle Green, and the pen used by President Johnson to sign the Act Mr Sheldon is to be invited to a Selectmen's meeting to formally present the gifts Annual The Board briefly discussed the process to be used in making the Appointments annual appointments and a majority ag eed (Mr Busa objecting) to con- suit the recommendations of the Appointment Criteria Committee as a guideline, but not necessarily a determining factor, for those appoint- ments Also Chairman Battin suggested that Board members consult the Talent 8Tktk file in the Town Manager's office Discussion will be 229 ' Selectmen's Meeting - 7 - May 1, 1978 held again next week and appointments to be made on May 15 The Board agreed to publicize the scheddled meeting on Legislators May 4 with the Town's legislators to discuss current legis- lation. Chairman Battin advised the Board the legislation filed by Legislation the Middlesex County Selectmen's Association was passed and Middlesex signed by the Governor, that if a County Advisory Board, by a County Advisory two-thirds' vote, votes to delete or amend downward any line Board item in the County budget the action shall be incorporated into the budget of the commissioners that then goes to the Legis- lature; therefore, the legislators would be voting on the budget as amended by the County Advisory Board This could make a tre- 1 mendous difference in our property tax Also a bill has been filed to amend the 766 law to allow Ch 766 ( claims against third party payers, such as Blue Cross/Blue Blue Cross/ Shield for 766 services for students who would be eligible if Blue Shield the services were being provided outside of the special educa- Bill tion law Passage of this amendment would also ensure that municipalities could then access the medicaid funds available for 766 services This will mean something like $28 million in property tax relief However, Blue Cross/Blue Shield has announced they will fight it because this is going to be a precedent nationally Mr Cohen requested the Board to sign the Hancock School Hancock deed School Deed Upon motion duly made and seconded, it was voted to sign the deed, in a form approved by Town Counsel, conveying the Hancock School to Stanley H Sydney and R. Kirk Noyes of Sydney and Noyes Associates, One Lincoln Street, Newton Massachusetts, as follows DEED The Town of Lexington, a municipal corporation (the "Grantor") , for consideration of One Hundred Thousand dollars ($100,000) paid, grants to Stanley H Sydney and R. Kirk Noyes, co-partners, doing business under the firm name and style of Sydney and Noyes Associates (the "Grantee") with a mailing adress at One Lincoln Street, Newton Highlands, Massachusetts, with quitclaim covenants, a certain parcel of land (the "Land") with the building (the "Building") thereon sit- uation at the corner of Forest Street and Clarke Street in Lexington, Middlesex County, Massachusetts The Land is designed as Lot 1 on a plan (the "Plan") entitled "Plan of Land in Lexington, Mass Scale 1 IN = 40 FT February 22, 1978", prepared by Barnes Engineering Company, Inc , recorded with Middlesex South Registry of Deeds in 13V Selectmen's Meeting - 8 - May 1, 1978 Book 13408 END and is more particularly bounded and described as follows SOUTHEASTERLY by Clarke Street 235 02 feet; SOUTHERLY by Clarke Street and Forest Street by a curved line of radius 10 feet and length 18 42 feet; SOUTHWESTERLY by Forest Street 344 48 feet; NORTHWESTERLY by land now or formerly of Ferguson 149 10 feet; and NORTHEASTERLY by land now or formerly of the Town of Lexington by three lines measuring 59 08 feet, 41 70 feet, and 232 12 feet Containing 65,639 sq ft or 1 51 acres, according to the Plan The Land and Building are conveyed subject to easements and restrictions of record, so far as now in force and applicable This Deed is made and executed upon and is subject to the covenant, which shall run with the land, that the Grantee and its. anceessors and assigns shall at all times comply with the terms of a special permit (the "Special Permit") , filed with the Town Clerk on April 12, 1978, a copy of which is of even record herewith, issued by the Board of Selectmen of the Grantor with reference to the Land and Building Promptly after completion of the conversion of the Building in accordance with the development proposal ({'the Development Proposal") referred to in the Special Permit the Building Commissioner of the Town of Lexington shall furnish the Grantee with an appropriate instrument so certifying Such certification shall be conclusive determination of satisfaction of the covenant herein contained with respect to the obligations of the Grantee and its successors and assigns to carry out the conversion and the dates for the beginning and completion thereof Such certification shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds pertaining to the Land If the Building Commissioner shall refuse or fail to provide such certification, the Building Commissioner shall, within fifteen (15) days after written request by the Grantee, provide the Grantee with a written statement, indicating in adequate detail in what respects the Grantee has failed to complete the conversion in accordance with said Development Proposal, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Building Commissioner for the Grantee to take or perform in order to obtain such certifi- cation Such certification shall not discharge the obligations of the Grantee relative to obligations hereunder or under the Special Permit L.31 Selectmen's Meeting - 9 - May 1, 1978 which by their terms, are to be continuing, provided that the Grantee shall only be liable hereunder for defaults occurring prior to the time at which all of the condominium units have been sold and for defaults in respect of condominium units owned by the Grantee and provided further, that successive owners of a unit shall only be liable for defaults occurring during their respective periods of ownership and to the extent of their interest therein The provisions of G L c 44, s 63A have been fully complied with by the Grantee This conveyance is also made subject to the preservation restric- tions described below It is the intent of the Grantor, to which the Grantee gives its consent by the recordation hereof, that said preserva- tion restrictions shall be enforceable by the Town of Lexington in perpetuity without need for compliance with the provisions of Mass G L c 184, s 31, 32 and 33 and that, to the maximum extent permitted by law, the benefits of said s 31, 32 and 33 shall be available to the Town of Lexington The preservation restrictions are hereinafter set forth since the Land and Building are historically significant for their associations and the Building is of such significance for its archi- tecture Said preservation restrictions shall run with the land and 111 shall bind all future owners of any interest in the Land or Building to the extent of their interest therein PRESERVATION RESTRICTIONS 1 No additional structures or improvements of any kind beyond those contemplated by the Special Permit shall be erected on the Land without the prior, written approval of the Historic Districts Commission of the Town of Lexington or its successors However, in the event of fire or other damage to the Building, the Grantee or its successors may repair such damage or restore or rebuild in accordance with plans or specifications submitted to the Board of Selectmen of the Town of Lexington, provided that the Board of Selectmen shall have made a written determination that such plans or specifications are consistent with the Special Permit or shall, within 20 days after such submission, have failed to make a written determination that such plans or speci- fications are inconsistent with the Special Permit 2. No changes shall be made to the outside of the Building except such as are shown in the Development Proposal referred to in the Special Permit 3 The Land and Building shall be operated as a condominium under Mass G L c 183A and each condominium unit within the Building shall be occupied by no one other than the record owner thereof 4)990 (l u Selectmen's Meeting - 10 - May 1, 1978 4 The Land shall not be subdivided 5 The Grantor shall have no obligation to repair or maintain the Land or the Building Executive Upon motion duly made and seconded, it was voted 5-0 by roll Session call vote to go into Executive Session, with no intention of resuming the open meeting, to discuss strategy with respect to land negotiation and litigation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 55 p m A true record Attest 55.(..44w) 706 Executive Clerk, Sele toren i 11111